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6-4 MARTINSVILLE CODE B. An applicant submitting a written request for variations in or exceptions to the requirements of this ordinance shall specify the section or sections to be varied or excepted, and the reasons for the necessity of the variations or exceptions only in cases of unusual situations or when strict adherence to the general regulations of this ordinance would result in substantial injustice or hardship to the applicant. City council shall advise the agent in writing of its decision on any requested variations or exceptions, and, if the same are granted, the agent shall notify the applicant of his approval of the preliminary plant, provided that all other conditions for the approval of same have been met, and if city council denies said variations or exceptions, then the agent shall notify the applicant that the request for variations or exceptions has been denied, and that the preliminary plat has therefore been disapproved. 6-5. Preliminary plats. The action of the agent shall be noted on two (2) copies of the preliminary plat with any conditions determined, referenced and attached. One copy shall be returned to the subdivider and the other retained for records. A. Conditional approval of a preliminary plat shall not constitute approval of the final plat, but shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat. B. If the agent fails to approve or disapprove the preliminary plat within ninety (90) days after it has been officially submitted for approval, the subdivider after ten (10) days' written notice to the agent may petition the circuit court of the jurisdiction in which the land involved, or the major part thereof, is located to enter such order with respect thereto as it deems proper, which may include directing approval of said preliminary plat. If the agent disapproves the preliminary plat and subdivider contends that such approval was not properly based on the ordinance applicable thereto, or was arbitrary or capricious, the subdivider may appeal to the circuit court having jurisdiction of such land and the court shall hear and determine the case as soon as may be provided that the appeals is filed with circuit court within sixty (60) days of the written disapproval by the agent. 6-6. Procedure for approval of final plat. A. The final plat will be submitted for approval to the agent and for recording upon fulfillment of these regulations and any conditions, contingent upon its approval. B. The final plat shall conform substantially to the preliminary plat as approved; and, if desired by the subdivider, with the approval of the agent, it may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations. Supp. No. 61 1744