A. 
Generally. No person shall use or permit the use of any land or premises in the Town of Clay for a mobile home court, or operate a mobile home court therein, without having first obtained a mobile home court license or renewal thereof, as hereinafter provided.
B. 
Annual renewal. The annual license fee shall be as provided in Chapter 105, Fees. Fees cannot be waived.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Term of license. A mobile home license shall begin on the date of issue and end on the next December 31.
A. 
Application to Town Clerk. Application shall be made in triplicate on application forms. All information contained shall be supplied. The completed application shall be delivered with a topographic survey, a plot plan, a planting plan, drawings of typical mobile home lots and stands, drawings of accessory structures, floor plans, elevations and sections of exterior walls, each as specified in Appendix I[1] hereof; and all fees to the Town Clerk. The Town Clerk shall refer the application to the Commissioner of Planning and Development for the approvals hereinafter provided.
[1]
Editor's Note: Appendix I is included at the end of this chapter.
B. 
Planning Board review.
(1) 
The Planning Board of the Town of Clay shall examine the initial application to determine that all requirements of this chapter and all requirements for proper planning and development have been satisfied. The Planning Board shall also give consideration to the specific criteria for site planning, grading, and landscaping contained in Appendix II[2] hereof, and give such directions in regard to compliance therewith as it deems advisable.
[2]
Editor's Note: Appendix II is included at the end of this chapter.
(2) 
Where the Planning Board finds that because of unusual circumstances of shape, topography or other physical features of the proposed mobile home court, or because of the nature of the adjacent developments, practical difficulties or unnecessary hardship may result from strict compliance with the provisions of this or other law; ordinance, rule or regulation, the Planning Board may recommend that the same be varied so that substantial justice will be done and the public interest secured; provided that the intent and purpose of said laws, ordinances, rules and regulations, and particularly Town Law § 281, shall be preserved. In recommending any such modification, the Planning Board may recommend conditions to be imposed to secure the objectives and standards of requirements modified, and shall report to the Town Board the nature, extent and reasons for any such recommended modifications.
(3) 
The Planning Board shall make its report after a public hearing thereupon has been held, which hearing shall be advertised in a newspaper of general circulation in the town at least five days prior thereto.
(4) 
Upon completion of all investigation determined necessary and proper, the Planning Board shall report its findings and recommendations to the Town Board.
C. 
Commissioner review. The Commissioner of Planning and Development shall examine the site of the proposed mobile home court to determine whether the same complies with this and all other laws, ordinances, codes, rules and regulations. He shall thereafter forward a complete report to the Town Board.
D. 
Town Board action. After the Planning Board and Commissioner have completed their reviews, the Town Board shall review the application, exhibits and final plans. The Town Board shall approve, approve with modification, or disapprove the application and final plans. The Town Board shall take no action in regard hereto until a public hearing has been held, which hearing shall be advertised in a newspaper of general circulation in the town at least five days prior thereto, specifying the time and place where it will be held.
E. 
Issuance of license. The Town Clerk is hereby authorized pursuant to the Town Law to issue a mobile home court license on original application upon filing of a resolution of the Town Board approving the same in the Town Clerk's office with the original application, all exhibits, the findings and recommendations of the Planning Board and the report of the Commissioner of Planning and Development.
The holder of a mobile home court license shall annually pay the license fee and apply for renewal thereof on a renewal form submitted to the Town Clerk no later than November 15. The Commissioner of Planning and Development shall examine into the facts and as to compliance with this and other laws, ordinances, codes, rules, regulations and conditions, if any, reporting thereafter to the Town Board. The Town Board shall review the application, the Commissioner's report and such other evidence as it requires. The Town Clerk shall renew the license on filing of a resolution of the Town Board approving of the same following such review and public hearing in the same manner as provided in § 144-12D.
Nothing contained in this chapter shall be deemed to limit the power of the Zoning Board of Appeals to exercise its jurisdiction under Chapter 230, Zoning, of the Town of Clay, as to all applications for interpretation, special permit or variances.