6-101.       Whenever the Planning Commission deems full conformance to provisions of these regulations is impractical or impossible due to the size, shape, topographic location or condition, or such usage ofland included in a subdivision plat being presented for approval, the Planning Commission may recommend authorization of rule exceptions of these regulations in the final plat. Such recommendation shall intend that substantial justice may be done and the public interest be secured. Such Planning Commission recommendation for authorization of exceptions shall be made by letter of transmittal to the Governing Body. In recommending such exceptions, the Planning Commission shall find the following:

1.     That there are special circumstances or conditions affecting the property.

2.     That the exceptions are necessary for the reasonable and acceptable development of the property in question.

3.     That the granting of the exceptions will not be detrimental to the public welfare or injurious to other property in the vicinity in which the property is situated.

Such request for exception shall be approved or disapproved by the Governing Body after its consideration of the recommendation of the Planning Commission. The decision of the Governing Body shall be transmitted in writing to the subdivider and the Planning Commission.

6-201.       Any decision of the City Engineer on matters contained herein may be appealed to the Planning Commission. Any decision of the Planning Commission on matters contained herein may be appealed to the Governing Body which may reverse or affirm such decision. In addition, any decision of the Zoning Administrator on matters pertaining herein to lot splits may be appealed to the Governing Body which may reverse or affirm such decision. Any decision of the Zoning Administrator on matters pertaining to building permits may be appealed to the Board of Zoning Appeals, as provided for by the Zoning Regulations except as provided otherwise in these regulations.

6-301.       The violation of any provision of these Subdivision Regulations shall be deemed to be a misdemeanor and any person, firm, association, partnership or corporation convicted thereof shall be punished by a fine not to exceed $500.00 or by imprisonment for not more than six months for each and every offense. Each day's violation shall constitute a separate offense.

6-302.       The Governing Body or any person, the value or use of whose property is or may be affected by a violation, shall have the authority to maintain suits or actions in any court of competent jurisdiction to enforce these Subdivision Regulations, and to abate nuisances maintained in violation thereof.

6-401.       A filing fee shall be paid by all subdividers submitting preliminary plats for approval by the Planning Commission. Said fee shall be set by ordinance of the Governing Body.

6-402.       The filing fee shall be paid to the Secretary of the Planning Commission through the Zoning Administrator at the time the preliminary plat is submitted. This fee shall apply to approval of the preliminary plat and final plat, provided that the final plat includes the same area to be subdivided. as the preliminary plat. If the final plat is submitted in segments, then the filing fee shall apply to all submittals except the first.

6-501.       No building permit shall hereafter be issued by the Zoning Administrator for construction on any land subject to these Subdivision Regulations until:

l.     An endorsed copy of the subdivision plat has been recorded in the office of the Register of Deeds of Dickinson County.

2.     A recorded plat of the subdivision or an approved lot split, if applicable, is available for the Zoning Administrator's examination.

3.     Required public improvements have been installed to provide for occupancy of the subdivision.

4.     There has been compliance with all of the provisions of these Subdivision Regulations, the conditions of plat approval, and all other applicable state laws and regulations of the City of Abilene in effect at the time of the subdivision of said land.

6-502.       Lot Splits: The Zoning Administrator shall not issue a building permit for any site which contains a division of a platted lot or an unplatted lot of records, unless such division has been approved in the manner provided by Section 3 (Lot Splits) of these Subdivision Regulations.

6-503.       Dwellings Per Lot: Unless otherwise allowed by the City of Abilene Zoning Regulations, the Zoning Administrator shall not issue more than one building permit for a principle structure on each unplatted lot of record, each platted lot ·created as part of a subdivision, or each lot or tract created by a lot split.

6-504.       Administration: Upon receipt of the building permit application and certification by the Zoning Administrator that the application is complete, the Zoning Administrator shall affix the date of acceptance on the application. The Zoning Administrator shall issue or refuse to issue the building permit within 30 days following examination of the recorded plat. If disapproved, the applicant shall have the right to perfect an appeal to the Governing Body within 30 days.