In applying and interpreting this chapter, its provisions shall
be held to be minimum requirements adopted for the promotion of the
public health, safety, morals, comfort, convenience or the general
welfare. The following specific regulations apply:
A. A minimum required lot or yard size for one building or structure
shall not be used in whole or in part as any part or a required lot
or yard for a second structure.
B. The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this chapter, unless a variance is granted pursuant to Article
IX.
C. The parking spaces required for one building or structure or use
shall not include in the computation of required parking spaces for
a second building or structure or use.
Nothing in this chapter shall require any change in the plans,
construction, or designated use of a building or structure for which
a lawful building permit has been issued prior to the effective date
of this chapter, or any amendment thereto affecting such building
or structure, or the use thereof, provided that:
A. The construction of such building or structure shall have been begun
and diligently prosecuted within three months from the date of such
permit.
B. The entire building or structure shall be completed according to
such filed and approved plans upon which the issuance of such permit
was based, within one year from the effective date of this chapter
or any such amendment thereto.
C. The construction or completion of such building or structure shall be in full compliance with §§
190-17 and/or
190-26 of this chapter, as applicable.
D. In the event that any of these conditions are not complied with,
such building permit shall be revoked by the Building Inspector.
All fees for the issuance of any building, use or other permit,
certificate of occupancy or in connection with any application to
the Building Inspector or Zoning Enforcement Officer, Zoning Board,
Planning Board or Town Board shall be established by the Town Board
pursuant to a resolution which the Town Board may amend from time
to time as is deemed appropriate.
Any person or persons jointly or severally aggrieved by a decision
by the Board of Appeals or by the Planning Board may apply to the
Supreme Court for relief by proceeding under Article 78 of the Civil
Practice Law and Rules of the State of New York. Such proceeding shall
be governed by the provisions of Article 78 of the Civil Practice
Law and Rules, except that it must be instituted as therein provided
within 30 days after the filing of a decision in the Office of the
Town Clerk; that the Court may take evidence or appoint a referee
to take such evidence as it may direct and report the same with findings
of fact and conclusions of law, if it shall appear that testimony
is necessary for the proper disposition of the matter; and that the
Court at special term shall itself dispose of the cause on the merits,
determining all questions of § 7803 of said Article. Costs
shall not be allowed against the Board of Appeals or the Planning
Board unless it shall appear to the Court that the Board acted with
gross negligence or in bad faith or with malice in making the decision
appealed from.