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Subdivision Regulations

ARTICLE 29-31       EXCEPTION TO SUBDIVISION REGULATIONS

Section 29-31-1       Petition of Exception

A Subdivision Plat having deviation from the specified Subdivision Regulations in this Chapter shall not be processed until a Petition of Exception is submitted to the Office of Planning and Zoning.  The following requirements shall be complied with:

  1. Two (2) copies of a signed Petition of Exception shall accompany the Preliminary Subdivision Plat.

  2. The Petition of Exception shall be specific, not be in the abstract.

  3. The Petition of Exception must be a request for an exception to the Subdivision Regulations.

  4. There must be two (2) copies of a Petition of Exception filed with the Office of Planning and Zoning for each and every exception to the Chapter on the plat.

  5. The Office of Planning and Zoning shall continue the processing of a Subdivision Plat as long as it complies with all other regulations of this Chapter.

  6. A Petition of Exception may not be accepted if its effect would modify the working or intent of technical requirements which would change the meaning or intent of this Chapter.

Section 29-31-2       Action of the Planning and Zoning Commission

  1. The Petition of Exception shall be heard by the Commission at the same meeting as the Preliminary Subdivision Plat.

  2. The Commission in making its decision shall determine the facts on the following points:

    1. There are special circumstances or conditions affecting the Subdivision Tract.

    2. The exception will not be detrimental to the public welfare or injurious to other property in the area.

    3. The exception will not have the effect of nullifying the intent and purpose of the Subdivision Regulations in this Chapter.

  3. The Commission shall report its decision by a Resolution to the Council on the Petition of Exception.  The Commission in recommending for or against the Petition of Exception shall report its findings to the Council.

  4. The Commission shall take action on the Preliminary Subdivision Plat making their Resolution conditional upon the action of the Council.

Section 29-31-3       Action of the Council

  1. The Council after receiving the Resolution of the Planning and Zoning Commission may approve or deny the Petition of Exception.

  2. The Council may authorize the Commission by a Resolution to approve the Preliminary Subdivision Plat with the exceptions and conditions the Council deems necessary to substantially maintain the objectives of the Subdivision Regulations of this Chapter.