(A) Amendments. The Board of Aldermen may amend the terms of this subchapter. No amendment shall become effective unless it has been submitted to the Planning Board for review. The Planning Board shall have 30 days within which to submit a report. If the Planning Board does not submit a report within the specified time, it shall be deemed to have the approval of the amendment. Before adopting or amending this subchapter, the Board of Aldermen shall hold a public hearing on the proposed changes. A notice of the public hearing shall be given in compliance with the rules regarding notice of a public hearing.
(B) Abrogation. It is intended that this subchapter not repeal, abrogate, annul, impair, or interfere with any existing easement, covenant, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued pursuant to law. However, where this subchapter requires higher standards, the provisions of this subchapter shall govern.
(C) Variances.
(1) Where, because extraordinary hardships or practical difficulties may result from strict compliance with these regulations, and/or purposes and where these regulations may be served to a greater extent by an alternative proposal, the Planning Board may approve variances to the manufactured home ordinance so that substantial justice may be done and the public interest secured, provided that such variance shall not have the effect of nullifying the intent and purpose of these regulations.
(2) No variance shall be issued to alter the procedures of review as set forth herein.
(3) The Planning Board shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
(a) The granting of the variance will not be detrimental to the public safety, health, or injurious to other property;
(b) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable to other property; and
(c) Because strict enforcement of these regulations would result in a hardship to the owner as distinguished from a mere inconvenience.
(D) Approval of variances.
(1) The Planning Board may require such conditions as shall, in its judgment, secure substantially the objectives of the standards or requirements of this subchapter.
(2) The Planning Board shall submit a copy of the petition with the decision of the Planning Board to be filed in the office of the Town Clerk.
(3) The Planning Board shall keep a copy of the petition and the decision by the Planning Board in its file.
(a) Procedures. A petition for any such variance shall be submitted in writing by the property owner requesting a variance to the Planning Board. The petition shall fully state the grounds for the application and all of the facts relied upon by the petitioner. No permits shall be approved until the questions of variance to this subchapter have been resolved.
(b) Time applicability. Any variance granted under the terms of this subchapter shall expire 12 months from the date on which the variance was granted.
(c) Appeal.
1. Before a petitioner may appeal before the Board of Aldermen, he or she must pursue the variance process as outlined in division (D)(3)(a) above.
2. A decision by the Planning Board may be appealed to the Board of Aldermen by the petitioner within 30 days of the decision by the Planning Board. The petitioner must cite, in writing, the grounds appealed from to the office of the Town Clerk with a copy of the appeal sent to the Planning Board at least five working days before the next regularly scheduled meeting of the Board of Aldermen.
3. Any decision by the Board of Aldermen that is contrary to the original decision of the Planning Board must be stated in writing citing the specific sections of this subchapter and the facts upon which the contrary decision is based.
4. One copy of the decision must be sent to the Planning Board and one copy sent to the party appealing within 30 days of the decision.
(Ord. passed 1-13-2014)