Ordinance - #83-04 - 08/23/1983 - Laserfiche WebLink

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170.0311 REGISTERED LAND SURVEYS The provisions of this chapter shall apply to all registered land surveys within the City and the standards, regulations and procedures hereof shall govern the subdivision of land by registered land survey. Building permits shall be withheld on tracts which have been subdivided by unapproved registered land surveys and the City shall decline to accept tracts as streets or roads or to improve, repair or maintain such tracts within an unapproved registered land survey. 170.0312 RESTRICTIONS ON FILING AND RECORDING CONVEYANCES 170.0312A RESTRICTION ON FILING AND RECORDING No conveyance of land shall be filed or recorded if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961 or to an unapproved plat made after these regulations become effective. The foregoing provision does not apply to a conveyance if the land described: 1. Was a separate parcel of record on April 28, 1972; 2. Was the subject of a written agreement to convey entered into prior to April 28, 1972; and e Was a separate parcel of not less than two and one-half (2-1/2) acres in a area and two hundred feet (200') in width on January 1, 1966, was a single parcel of land not less than five (5) acres and having a width of not less than three hundred feet (300') on April 28, 1972, or is a single parcel of land not less than twenty (20) acres and having a width of not less than five hundred feet (500'). 170.0312B HARDSHIP In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of this chapter, the City Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. 170.0312C CIVIL PENALTY Any owner or agent of the owner of land who conveys a lot or parcel in violation of the provisions of this section shall forfeit and pay to the City a penalty as proscribed. The City may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. 170.0313 PLATS PREVIOUSLY RECORDED Ail preliminary or final plats, registered land surveys or other subdivisions of land approved but not filed under previous ordinances shall be subject to all requirements of this chapter but will be reviewed separately on their own merits.