This chapter shall be known and may be cited
as the "1980 Town of Greenburgh Zoning Ordinance."
There is hereby established a Comprehensive
Zoning Plan for the Town of Greenburgh, which plan is set forth in
the text, map and schedule that constitute this chapter. Said plan
is adopted for the purposes set forth in Article 16 of the Town Law,
which, in the interest of the protection and promotion of the public
health, safety, convenience, comfort and general welfare, shall be
deemed to specifically include the following, among others:
A.
The facilitation of the efficient and adequate provision
of public facilities and services;
B.
The assurance of adequate and necessary sites for
residence, industry, commerce, recreation, open space and public and
quasi-public uses;
C.
The provision of privacy for residents;
D.
The prevention and reduction of traffic congestion
so as to promote efficient and safe circulation of vehicles and pedestrians;
E.
The maximum protection of residential areas from the
intrusion of incompatible land uses;
F.
The provision of adequate light and air;
G.
The protection of historic buildings, sites and their
environs;
H.
The gradual elimination of nonconforming uses;
I.
The enhancement of the appearance of the Town of Greenburgh
as a whole;
J.
The maximum practical preservation of natural and
other significant environmental features, including water bodies,
wetlands, steep slopes, hilltops, major stands of trees and other
areas of geological, ecological or scenic value; and
K.
The encouragement of flexibility in the design and
development of land in such a way as to promote the most appropriate
use of lands, to facilitate the adequate and economic provision of
streets and utilities, to preserve the natural and scenic qualities
of open lands and to enhance and protect the environmental quality
of the Town.
L.
Westchester County Greenway Compact Plan. By Local
Law No. 12 of the Year 2007, the Town of Greenburgh has adopted the
Westchester County Greenway Compact Plan, as amended from time to
time, as a statement of policies, principles, and guides to supplement
other established land use policies in the Town of Greenburgh. In
its discretionary actions under this zoning code, the reviewing agency
should take into consideration said statement of policies, principles
and guides, as appropriate.
[Added 10-10-2007 by L.L. No. 12-2007]
A.
In their interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements for the
promotion of the public health, safety, convenience, comfort and general
welfare. This chapter shall not interfere with or abrogate or annul
any easement, covenant or other agreement between parties; provided,
however, that when this chapter imposes a greater restriction on the
use of buildings or land or on the height of buildings or requires
larger open spaces, or imposes any higher standards than are imposed
or required by any other statute, law, ordinance, rule or regulation
or by any easement, covenant or agreement, the provisions of this
chapter shall control. Where the requirements of this chapter differ
from the requirements of another statute, law, ordinance, rule or
regulation, the more restrictive shall govern.
B.
Further, any land use that is not specifically permitted
in this chapter is prohibited.
