Union Vale City Zoning Code
ARTICLE XIII
Interpretation and Applicability
§ 210-86 Interpretation; conflict with other laws.
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.
§ 210-87 Effect of existing violations.
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.
§ 210-88 Pending applications, current permits and ongoing enforcement proceedings.
A.
All applications of whatsoever kind and description submitted to and accepted by the Town's Zoning Board of Appeals and/or Town Planning Board prior to May 30, 2002, and those further applications subject of either the exceptions set forth within L.L. No. 2-2002, as adopted by the Town Board on May 30, 2002, and amended pursuant to L.L. No. 4-2002, on October 7, 2002, or a waiver therefrom as may have been granted on a case-by-case basis by the Town Board, shall be processed under and decided pursuant to the applicable provisions of the Zoning Law of the Town of Union Vale in force and effect on and prior to May 30, 2002, provided that the application is diligently pursued in strict accordance with the time frames provided within said Zoning Law.
B.
All building permits and/or other permits of whatsoever kind and description issued by the Deputy Code Enforcement Official and/or Code Enforcement Officer on or before May 30, 2002, or subsequently pursuant to any application described above, shall be processed under and enforced pursuant to the applicable provisions of the Zoning Law of the Town of Union Vale in force and effect on May 30, 2002, provided that the work governed by the permit is diligently pursued in accordance with time frames specified within said Zoning Law.
C.
The enactment of this comprehensive amendment of the Town of Union Vale Zoning Law, Town Code Chapter 210, shall not be construed as either the termination or the abandonment of any enforcement action begun by the Code Enforcement Officer pursuant to the provisions of the Town Zoning Law as in effect at the time of said enactment.
§ 210-89 Periodic review required.
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.
§ 210-90 Severability clause.
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.
§ 210-91 Effect on prior legislation.
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.