A.
Construal of provisions. The regulations of this chapter
are to be considered to be minimum provisions for the protection and
promotion of the public health, safety, morals, convenience and the
general welfare and should be construed so as to further these purposes.
B.
Stricter provisions to govern. This chapter is not
intended to interfere with or abrogate or annul any other Village
local law, code, resolution, regulation or rule adopted thereunder
or agreement between parties; provided, however, that where this chapter
imposes a greater restriction upon the use of buildings or premises
or upon the height or bulk of buildings or premises or requires larger
open spaces than are imposed or required by such local laws, ordinances,
resolutions, rules and regulations or agreements, the provisions of
this chapter shall control.
C.
Severability. If any clause, sentence, section, paragraph
or provision of this chapter shall be adjudged by a court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder of this chapter, but shall be confined
in its operation to the clause, sentence, section, paragraph or provision
directly involved in the controversy in which such judgment shall
have been rendered.
D.
Filed plans. Nothing contained in this chapter shall
require any change in the plans, construction or designated use of
a building or structure for which completed plans have been filed
with and approved by the Department of Building and Code Enforcement
prior to the effective date of this chapter.
E.
Permits, certificates or variances issued prior to
this chapter. This chapter or any amendment thereto is not intended
to abrogate or annul any building permits, certificates of occupancy,
variances or special permits lawfully issued before the effective
date of this chapter or amendment thereto, provided that any permit
or certificate shall be implemented as provided herein within the
specified period of time during which it is valid.
F.
Uses in more restricted districts. The uses established
pursuant to the provisions of this chapter, either as being permitted
in or as being excluded from any particular use district, shall be
deemed to be an exclusion of such use from any more restricted district,
unless such use is expressly permitted in such more restricted district
or otherwise approved by variance.
Except as hereinafter provided:
A.
No building, structure or use shall be erected, converted,
structurally altered, enlarged, extended or established except in
conformity with the use, bulk, height, area, off-street parking and
loading and other applicable provisions of this chapter for the district
in which such building, structure or use is located.
B.
Any building, structure or use which is erected, converted,
structurally altered, enlarged, extended or established pursuant to
approval as a special use as provided by this chapter shall comply
with the use, bulk, height, area, off-street parking and other applicable
provisions of this chapter for the district in which such building
structure or use is located and shall also be required to comply with
any general and specific standards and conditions prescribed in this
chapter for such special permit use and to any other conditions imposed
pursuant to special use approval.
C.
Any building, structure or use lawfully existing at
the effective date of this chapter shall be deemed nonconforming and
shall be permitted to continue although such building, structure or
use does not conform to the requirements prescribed by this chapter
applicable to such building, structure or use for the district in
which it is located, but such continuation is made subject to all
other provisions of this chapter, particularly those provisions governing
nonconforming uses, buildings and structures.
D.
The minimum yards, parking space, open spaces and
lot area per building, structure or use as required by this chapter
shall not be considered as required yard or open space for any other
building structure or use, nor shall any lot area be reduced below
the requirements of this chapter.
E.
Every building hereafter erected or structurally altered
shall be located on a lot, as herein defined, and except as hereinafter
provided, in no case shall there be more than one main building on
one lot.
F.
Off-street parking space and off-street loading space
shall be provided as specified in this chapter and shall be provided
with necessary passageways and driveways appurtenant thereto giving
access thereto. Play space shall be provided in accordance with this
chapter. All such parking space and loading space, together with such
passageways and driveways and all such play space, shall be deemed
to be required space on the lot on which the same is situated and
shall not thereafter be encroached upon or reduced in any manner except
as otherwise provided by this chapter.
G.
Where a lot is formed from part of a lot already occupied
by a building, such separation shall be effected in such manner as
not to impair any of the requirements of this chapter with respect
to the existing building and all yards and other open spaces in connection
therewith and no permit shall be issued for the erection of a building
on the new location thus created unless it complies with all the provisions
of this chapter.
