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 Southport
 Code of Ordinances
 Appendix B. SUBDIVISION REGULATIONS

  XIV. - ADMINISTRATION

Latest version.

  • A.

    Variance.

    1.

    Variances and exceptions: The planning board may approve subdivision plats which vary from the requirements of design, but not of procedure or improvement. Such a variance may be granted only where topographic or other existing physical conditions are such that compliance with the requirements of this ordinance would cause an unusual and unnecessary hardship on the subdivider above and beyond what other subdividers would meet, and provided that such variations will not have the effect of nullifying the interest and purpose of these requirements. Such variances shall be approved only with a majority affirmative vote of all planning board members.

    2.

    Procedure for variances and exceptions:

    a.

    The subdivider must submit a written request stating the reasons for each modification. The planning board may require such conditions as will, in its judgement, preserve the spirit and intent of these regulations. These conditions may include but shall not be limited to: surety, performance, or maintenance bonds, affidavits, covenants, or other legal instruments, as will assure conformity to and achievement of the plan.

    b.

    Any modifications thus authorized are required to be entered in writing in the minutes of the planning board and the reasonings on which the departure was justified set forth. The board of aldermen shall then be notified in writing of the variance or exception granted.

    B.

    Amendments: This ordinance may be amended from time to time by the board of aldermen of the City of Southport as herein specified, but no amendment shall become effective unless it shall have been proposed by or shall have been submitted to the planning board for review and recommendations. The planning board shall have sixty (60) days within which to submit its report. If the planning board fails to submit a report within the specified time, it shall be deemed to have approved the amendment.

    C.

    Repeal of conflicting ordinances: All ordinances or parts of ordinances other than the zoning ordinance of the City of Southport which are in conflict herewith are hereby repealed. Should the requirements of this ordinance conflict with those of the zoning ordinance, the more stringent requirements shall govern.

    D.

    Separability: Should any section or provision of these regulations be for any reason held void or invalid by a court of law, it shall not affect the validity of any other section or provision hereon which is not itself void or invalid.