Laserfiche WebLink
b. The conditions upon which the request is based are unique to the property for which the <br /> relief is sought and are not applicable generally to other property; <br /> c. Because of the particular physical surroundings, shape, or topographical conditions of the <br /> specific property involved, a particular hardship to the owner would result, as <br /> distinguished from a mere inconvenience, if the strict letter of these regulations is carried <br /> out; <br /> d. The relief sought will not in any manner vary the provisions of the Zoning Ordinance, <br /> Comprehensive Plan, or Official Map, except that those documents may be amended in <br /> the manner prescribed by law. <br /> 2. Conditions. In approving variances, exceptions, or waivers of conditions, the Planning <br /> Commission may require such conditions as will, in its judgment, secure substantially the <br /> purposes described in Section 1.3. <br /> 3. Procedures. A petition for a variance, exceptions, or waivers of conditions shall be submitted <br /> in writing by the subdivider at the time when the preliminary plat is filed for the consideration <br /> of the Planning Commission. The petition shall state fully the grounds for the application and <br /> all of the facts relied upon by the petitioner. <br /> Section 15.01.13 Authority,Enforcement.Violations,and Penalties <br /> 1. Authority. These regulations are adopted pursuant to the authority granted by Act 186 of the <br /> • 1957 General Assembly(A.C.A. § 14-56-417, et seq.)and other applicable laws. The planning <br /> commission shall exercise the power and authority to review, approve and disapprove plats for <br /> subdivisions and improvements in accordance with these regulations. <br /> 2. General. <br /> a. It shall be the duty of the person designated by the Planning Commission to enforce these <br /> requirements and to bring to the attention of the City Attorney or his designated agent any <br /> violations of these regulations. <br /> b. No owner or agent of the owner of any parcel of land located in a proposed subdivision <br /> shall transfer or sell any part of the parcel before a final plat of the subdivision has been <br /> approved by the Planning Commission in accordance with the provisions of the <br /> regulations and filed with the Clerk and Recorder of Independence County. <br /> c. The subdivision of any lot or any parcel of land by the use of metes and bounds <br /> description for the purpose of sale,transfer,lease,or development is prohibited. <br /> d. No building permit shall be issued for the construction of any building or structure located <br /> on a lot or plat subdivided or sold in violation of the provisions of these regulations, nor <br /> shall the city have any obligation to issue certificates of occupancy or to extend utility <br /> services to any parcel created in violation of these regulations. <br /> 3. Violation and Penalties. Violations of these provisions shall be punishable as provided in <br /> • Batesville Ordinance No. 2005-11-1 adopted November 29,2005. <br /> -144 - Batesville Subdivision Regulations <br />