In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements
adopted for the protection and 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 use permit shall be
approved, no building permit or certificate of occupancy issued, or
variance granted under this chapter pertaining to 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 Union Vale. This
limitation does not, however, prohibit such an approval, issuance,
or grant with respect to a legal nonconforming use or legal noncomplying
structure.
From time to time, at intervals of not more
than seven calendar 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 submit a report thereon
to the Town Board, recommending such changes or amendments, if any,
which may be desirable in its opinion in the interest of the public
health, safety, convenience, necessity or welfare.
Should any section or provision of this chapter
be decided by the court to be unconstitutional or otherwise invalid,
such decision shall not affect the validity of this chapter as a whole
or any part thereof other than the section or provision so declared
to be unconstitutional or invalid. The Town Board hereby declares
that it would have adopted this chapter and each section and subsection
thereof notwithstanding the fact that one or more of its sections,
subsections, clauses or phrases may be found by court action to be
unconstitutional or otherwise invalid.
Except as specifically provided in above §
210-89 of this article and chapter, this chapter upon its effective date shall supersede in its entirety original Chapter 90, Zoning, of the Code of the Town of Union Vale as initially adopted on May 27, 1969, and from time-to-time amended.