§ 131-28. Exceptions., Article VI. Administration and Enforcement, Chapter 131. Subdivision of Land, Part II. General Legislation, Code of Ordinances, Carmel

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.

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.

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.