This chapter shall be known and cited as the "Zoning Law of the Town of Manchester." For convenience, it is referred to throughout this chapter as the "zoning law" or "zoning code."

The provisions of this zoning law become effective upon filing with the Secretary of State evidenced by the date of the mailing receipt.

This zoning law is adopted pursuant to the powers granted and limitations imposed by legislation of the State of New York.

The regulations of this zoning law apply to all development, public or private, within the corporate limits of the Town of Manchester unless otherwise expressly stated in this zoning law.

There is hereby established a new comprehensive zoning law for the Town of Manchester, which is set forth in the text, tables, illustrations and map that constitute this chapter. The zoning law is adopted to promote and protect the public health, safety and general welfare. The zoning law is also a tool to implement the goals and objectives of the Town of Manchester Comprehensive Plan, which aim to achieve the following:

If any portion of this zoning law is held to be invalid or unconstitutional by a court of competent jurisdiction, that portion is to be deemed severed from the zoning law, and in no way affects the validity of the remainder of the zoning law.

The language of the zoning law must be read literally. Regulations are no more or less strict than stated. Words defined in Article 70, General Terms, have the specific meaning assigned, unless the context expressly indicates another meaning. Words that are not defined in Article 70 but defined in the New York State Uniform Fire Prevention and Building Code applicable to general building construction shall have the meanings ascribed therein.

Unless the context otherwise clearly indicates, conjunctions have the following meanings:

The following rules apply to fractional number unless otherwise expressly stated.

Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this zoning law. In case of any difference of meaning or implication between the text of this zoning law and any heading, drawing, table, figure, or illustration, the text controls.

All references to other town, county, state, or federal laws and regulations in the zoning law refer to the most current version and citation for those regulations, unless expressly indicated otherwise. When the referenced regulations have been repealed and not replaced by other regulations, zoning law requirements for compliance are no longer in effect.

Unless otherwise expressly indicated, lists of items or examples that use "including," "such as," or similar terms are intended to provide examples only. They are not to be construed as exhaustive lists of all possibilities.

Whenever a provision appears requiring the head of a department or another officer or employee of the Town to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority. Delegation of authority is not allowed when the provisions of this zoning law expressly prohibit such a delegation.

All employees, public officials, bodies, and agencies to which references are made are those of the Town of Manchester unless otherwise expressly stated.

The location and boundaries of the zoning districts established by this zoning law are shown on the Town's "Official Zoning Map," maintained by the Town Clerk. The Town Clerk will be responsible for keeping the Zoning Map up to date. The Official Zoning Map — together with all notations, references, data and other information shown on the map— is adopted and incorporated into this zoning law. It is as much a part of this zoning law as if actually depicted within its pages.

The Town Clerk is responsible for recording revisions to the Official Zoning Map to reflect its amendment as soon as possible after the effective date of Zoning Map amendments (re-zonings). No unauthorized person may alter or modify the Official Zoning Map. The Town Clerk may authorize printed copies of the Official Zoning Map to be produced and must maintain digital or printed copies of superseded versions of the Official Zoning Map for historical reference.

Complete development applications, as defined in § 325-60.5, that are pending approval before the effective date of this chapter (§ 325-10.2) may be reviewed wholly under the terms of the zoning law in effect immediately before this chapter, or they may be reviewed wholly under the terms of this zoning law. Whether such review takes place under the provisions of the previous zoning law or under this zoning law is applicant's option. The applicant's decision about which law applies, once submitted, may not be changed. All development applications submitted on or after the effective date of this chapter will be reviewed wholly under the terms of this zoning law.

Any building, development or structure for which a building permit was issued before the effective date of this chapter (§ 325-10.2) may be completed in conformance with the issued building permit and other applicable permits and conditions, even if such building, development or structure does not fully comply with provisions of this zoning law. If building is not commenced and diligently pursued within the time allowed under the original permit or any extension granted, then the building, development or structure must be constructed, completed and occupied only in strict compliance with the standards of this zoning law.

Any violation of the previous zoning law will continue to be a violation under this zoning law and be subject to penalties and enforcement under Town Law. If the use, development, construction or other activity that was a violation under the previous law complies with the express terms of this zoning law, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date specified in § 325-10.2 The adoption of this zoning law does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous law that occurred before the effective date specified in § 325-10.2.

Any nonconformity under the previous zoning law will also be nonconformity under this zoning law, as long as the situation that resulted in the nonconforming status under the previous regulation continues to exist. If, however, a nonconforming situation under previous zoning regulations becomes conforming because of the adoption of this zoning law, or any subsequent amendment to it, then the situation will no longer be considered a nonconformity.