In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements
adopted for the promotion of the public health, safety or the general
welfare. Whenever the requirements of this chapter are inconsistent
with the requirements of any other lawfully adopted rules, regulations,
ordinances or local laws, the more restrictive provisions or those
imposing the higher standards shall govern.
No site plan or special permit shall be approved,
no building permit or certificate of occupancy or use issued or variance
granted under this chapter for any premises upon which there is an
existing violation of this chapter or any related town, county or
state regulation governing either building construction or the use
of land and structures within the Town of Shandaken. This limitation
does not, however, prohibit such an approval, issuance or grant with
respect to a legal nonconforming use or legal noncomplying structure.
[Added 5-12-1993 by L.L. No. 3-1993]
The provisions of this chapter shall not apply
to any pending application before the Town of Shandaken for approval
under Local Law No. 1-1972, A Local Law Regulating Mobile Homes, Mobile
Home Parks, Camping and Travel Trailers, Campers and Trailer Camps
in the Town of Shandaken, provided that the intended development is
carried out in strict accordance with the provisions of said local
law, as amended through May 10, 1978, and all other applicable local,
county, state and federal laws, rules and regulations.
From time to time, at intervals of not more
than five years, the Planning Board shall conduct a review of the
effectiveness of the provisions of this chapter, including the location
of zoning district boundaries, and shall submit a report thereon to
the Town Board, recommending such changes or amendments, if any, as
may be desirable in the interest of the public health, safety, convenience,
necessity or welfare.
The Zoning Ordinance of the Town of Shandaken,
New York, enacted by the Town Board on May 12, 1976, together with
all changes any amendments thereto, is hereby comprehensively revised
and superseded by this chapter.