§ 22-97. Variances and exceptions.

(a)

A variance may be granted by the administrator upon approval by the town council under the following conditions:

(1)

Where the subdivider can show that strict adherence to these regulations would cause unnecessary hardship; or

(2)

Where the administrator decides that there are topographical or other conditions peculiar to the site, and a departure from these regulations will not destroy their intent. Any variance thus authorized shall be stated in writing by the administrator with the reasoning on which the departure is justified set forth.

(b)

No variances shall be granted from the state department of transportation subdivision street requirements.

(c)

Exceptions. Submission for approval of a subdivision plat under this article shall not be required in the following cases:

(1)

Division by partition. A bona fide division or partition by descendants or devisees of lands acquired by descent or device.

(2)

Agriculture and timberland. A bona fide division or partition of agricultural or timberland not for development purposes.

(3)

Court action. A partition of land by will or through actions of a court of competent jurisdiction.

(4)

Public taking. When a property has been changed in size or shape by reason of taking of a part of such property for public use by referring to a properly drawn and recorded plat, provided that the outline dimensions of any remainder may be clearly determined by reference to the previously recorded plats.

(5)

Adjoining properties. The sale or exchange of parcels of land between owners of adjoining properties for the purpose of small adjustments in boundaries, provided that additional lots are not thereby created and that the original lots are not reduced below the minimum sizes required by this chapter.

(6)

Utility right-of-way. A bona fide division of a tract of land in order that one or more of the resulting parcels may be used as a part of a public utility right-of-way, provided that if a parcel resulting from such a division is ever to be used as a building site for other than right-of-way purposes, then before a building permit may be issued for such other use, a plat must be filed and recorded.

(7)

Immediate family transfer. A single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner, subject only to any express requirement contained in this Code. Only one such division shall be allowed per family member, and shall not be for the purpose of circumventing this chapter. For the purpose of this chapter, a member of the immediate family is defined as any person who is a natural or legally defined offspring, spouse, or parent of the owner.

(Ord. of 12-8-2009, § IV-1)

(Ord. of 12-8-2009, § IV-1)