This chapter shall be known, cited and referred to as the "Town
of Penfield Zoning Ordinance."
Enactment of this chapter by the Town of Penfield is pursuant
to Article 16 of the Town Law of the State of New York.
A.Â
The purpose of this chapter is to encourage appropriate and orderly
physical development; promote in all possible ways public health,
safety, convenience and general welfare; classify, designate and regulate
the location and use of buildings, structures and land for agricultural,
residential, commercial, industrial or other uses in appropriate places
and for said purpose to divide the Town of Penfield into districts
of such number, shape and area as may be deemed best suited to carry
out these regulations and provide for their enforcement.
B.Â
The regulations contained in this chapter are in accordance with
a well-considered Comprehensive Plan for the Town of Penfield and
have been made with reasonable consideration, among other things,
as to the character of each district and its peculiar suitability
for particular uses.
Where the conditions imposed by any provision of this chapter
are less restrictive than comparable conditions imposed by any other
provision of this chapter or of any other ordinance, resolution or
regulation, the provisions which are more restrictive shall govern.
If any word, phrase, sentence, part, section, subsection, or
other portion of this chapter, or the application thereof to any person
or to any circumstance, is adjudged or declared invalid or unenforceable
by a court or other tribunal of competent jurisdiction, then, and
in such event, such judgment or declaration shall be confined in its
interpretation and operation only to the provision of this chapter
that is directly involved in the controversy in which such judgment
or declaration is rendered, and such judgment or declaration of invalidity
or unenforceability shall not affect or impair the validity or enforceability
of the remainder of this chapter or the application thereof to any
other persons or circumstances. If necessary as to such person or
circumstances, such invalid or unenforceable provision shall be and
be deemed severed herefrom, and the Town Board hereby declares that
it would have enacted this chapter, or the remainder thereof, even
if, as to particular provisions and persons or circumstances, a portion
hereof is severed or declared invalid or unenforceable.
