Where a provision of this chapter is found to
be in conflict with or in any other ordinance of the Town existing
on the effective date of this chapter or in any regulation issued
under the authority of such code or ordinance, the provision which
establishes the higher standard for the protection of health, safety
and welfare shall prevail.
A.
General. The purposes of this chapter are set forth
in general terms in the Town Law, which enables the Town to adopt
this chapter. The provisions of this chapter shall be held to be minimum
requirements for the protection of the health, safety and welfare
of the people at large and are designed to encourage the establishment
and maintenance of reasonable standards of physical environment. This
section, together with all provisions of the chapter, shall be considered
when appraising the spirit of the chapter as a guide to its interpretation.
B.
Relating development to local conditions. It is a
major purpose of this chapter to permit and encourage the concentrated
and orderly physical development of the Town, in accordance with the
Town Master Plan, in areas most suitable therefor because of physical
conditions and relationship to existing or planned development and
improvements. This is especially true with relationship to the basic
requirement of adequately and economically providing for the supply
of potable water, for the purification of sewage and for the removal
of stormwater. Conversely, it is also a major purpose of this chapter
to limit development in the areas less suitable therefor because of
physical features or other conditions or where necessary to protect
the agricultural economy.
C.
With relation to unnecessary hardship. It is fundamental
for the purpose of this chapter to recognize that some existing lots
in the Town will be difficult to use for a permitted purpose because
of location, size, slope or general topography. Usually such differences
will not make use of a lot impractical, although such use may require
greater expense or ingenuity. Where such lots cannot practically be
used for a permitted use, the remedy of variance is available for
the modifications in required yards or other requirements so as to
enable the conduct of a use generally permitted in the district but
not to permit a more intensive use. For example, a difficulty in using
land for a permitted single-family dwelling because of topography
problems should not justify use of the land for a multifamily or commercial
use not normally permitted but only accommodation in the regulations
so as to facilitate the single-family use.
