This repeal shall not affect or prevent the
prosecution or punishment of any person for any act done or committed
in violation of the ordinance titled "Zoning Ordinance of the Town
of Batavia," and all amendments thereto hereby repealed, prior to
the effective date of this chapter.
It is hereby declared to be the legislative
intent that, if any provision or provisions of this chapter or the
application thereof to any building or other structure or tract of
land is declared by a court of competent jurisdiction to be invalid
or ineffective in whole or in part, or to be inapplicable to any person
or situation, the effect of such decision shall be limited to the
provision or provisions which are expressly stated in the decision
to be invalid or ineffective or the zoning lot, building or other
structure or tract of land immediately involved in the controversy.
All other provisions of this chapter shall continue to be separately
and fully effective, and the application of any such provision to
other persons or situations shall not be affected.
Whenever any provisions of this chapter or any
other law, ordinance, or resolution of any kind impose overlapping
or contradictory regulations over the use of the same land or over
the use, location or size of certain buildings or other structures
or contain other restrictions covering the same subject matter, the
provisions which are more restrictive or impose higher standards or
requirements shall govern.
In all cases where a zoning permit has previously
been lawfully issued for the proposed construction of a new building
or other structure, or for an enlargement or alteration of an existing
building or other structure which requires the construction or extension
of a foundation, and the adoption of this chapter or any amendment
thereto would make such new, extended or altered building or structure
nonconforming, such construction may nevertheless continue in accordance
with said zoning permit, and a certificate of compliance may be issued
for such nonconforming building or structure.
This chapter is not intended to abrogate or
annul any easement, covenant, or any other private agreement.
No provision of this chapter shall be construed
to repeal, modify or constitute an alternative to the New York State
Uniform Fire Prevention and Building Code (hereafter referred to as
the Uniform Code). Town residents and other individuals using these
zoning regulations should make sure they refer to the Uniform Code
and contact the Town of Batavia Code Enforcement Officer in order
to determine its applicability to their specific project.