These rules, regulations and standards shall
be considered the minimum requirements for the protection of public
health, safety and welfare of the residents of the Town of Carmel.
Any action taken by the Planning Board under the terms of this chapter
shall give primary consideration to the above-mentioned matters and
to the welfare of the entire community.
Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, the Board may vary the regulations so that reasonable use can be made of one's property without damaging the public interest, provided that such variation will not violate any provisions of Chapter
156, Zoning, nor have the effect of nullifying the intent and purpose of the Official Map, if any, the Town Plan or any other codes and ordinances of the Town of Carmel.
[Amended 2-21-1990 by L.L. No. 1-1990]
A. No lot created between January 11, 1967, and June
9, 1982, which was subdivided out of a larger parcel of land by deed
shall be subject to the provisions of this chapter, provided that
appropriate documentation is submitted to the Building Department
of the Town of Carmel, with copies to the Town of Carmel Planning
Board, which establishes:
(1) The lot under review, created as a result of the subdivision
by deed, must have met the requirements of the Zoning Ordinance of
the Town of Carmel in effect on the date of the recording of the deed
as to applicable regulations concerning frontage on a state, county
and Town road, lot area, lot width, lot depth, yard dimensions and
setbacks and parking, unless:
(a)
Appropriate variances were granted by the Zoning
Board of Appeals prior to the recording of the deed; or
(b)
A certificate of occupancy for the lot under
review has been issued by the Town of Carmel Building Department.
(2) The division of the parcel of land into two or more
lots was not done in such a way as to create one or more new streets
or highways.
(3) The current owner was not the record owner of the
property at the time of the original subdivision by deed and is a
bona fide purchaser of the property for value.
B. If a lot created between January 11, 1967, and June 9, 1982, which was subdivided out of a larger parcel of land by deed, does not meet the conditions contained in Subsection
A(1), but does meet the conditions contained in Subsection
A(2) and
(3) above, then the current owner shall apply to the Zoning Board of Appeals for the necessary variances without the necessity of proceeding through the subdivision process. If the necessary variances are granted by the Zoning Board of Appeals, then the lot shall be deemed a legal lot for purposes of issuing building permits and/or certificates of occupancy.
C. Where the Board finds that, due to the special circumstances
of a particular plat, the provision of certain required improvements
is not requisite in the interest of the public health, safety and
general welfare or is inappropriate because of inadequacy or lack
of connecting facilities adjacent or in proximity to the proposed
division, it may grant exception to the requirements as subject to
appropriate conditions.
In granting exceptions and modifications, the
Board may require such conditions as will, in its judgment, secure
substantially the objectives of the standards or requirements so varied
or modified as provided above.
If, before final subdivision approval has been
granted and the plat has been filed in the County Clerk's office,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which municipal approval is required pursuant to this chapter,
such person shall be subject to a penalty not to exceed $1,000, and
each lot disposition so made shall be deemed a separate violation.
Nothing in this chapter shall be construed to
restrict the rights of any party to obtain a review by any court of
competent jurisdiction according to law.