TOWN OF PEMBROKE ZONING LAW

JUNE 14, 1995

(As Amended Through 1/4/2001)

In their interpretation and application, the provisions of this Zoning Law shall be considered as the minimum requirements to promote and protect public health, safety, comfort, convenience, prosperity, and other aspects of the general welfare, and in particular:

A. To promote the purposes set forth in the preamble to this Zoning Law and in the statements of legislative intent for the respective districts or groups of districts.

B.   To provide a gradual remedy for existing conditions which are detrimental thereto.

Whenever any provision of this Zoning Law, or any other law, ordinance, or resolution of any kind, impose overlapping or contradictory regulations over the use of the same land, or over the use, location or size of certain buildings or other structures, or contain other restrictions covering the same subject matter, the provisions which are more restrictive or impose higher standards or requirements shall govern.

In all cases where:

A.   A zoning permit has previously been lawfully issued for the proposed construction of a new building or other structure, or for an enlargement or alteration of an existing building or other structure which requires the construction or extension of a foundation, and

B.   The adoption of this Zoning Law or any amendment thereto, would make such new, extended or altered building or structure nonconforming, such construction may nevertheless continue in accordance with said zoning permit and a certificate of compliance may be issued for such nonconforming building or structure.

No provision of this Zoning Law shall be construed to repeal, modify or constitute an alternative to the New York State Uniform Fire Prevention and Building Code (referred to as the Uniform Code). Town residents and other persons using this Zoning Law should make sure they refer to the Uniform Code and the Town of Pembroke Code Enforcement Officer to determine its applicability to their specific project.

This Zoning Law is not intended to abrogate or annul any easement, covenant, or any other private agreement.

It is hereby declared to be the legislative intent that, if any provision or provisions of this Zoning Law or the application thereof to any building or other structure, or tract of land, are declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, or to be inapplicable to any person or situation, the effect of such decision shall be limited to the provision or provisions which are expressly stated in the decision to be invalid or ineffective, or the zoning lot, building or other structure, or tract of land immediately involved in the controversy. All other provisions of this Zoning Law shall continue to be separately and fully effective, and the application of any such provision to other persons or situations shall not be affected.

The ordinance entitled "The Zoning Ordinance for the Town of Pembroke," adopted on February 8, 1978, together with all changes and amendments thereto, are hereby repealed and declared to be of no effect.

This Zoning Law was originally adopted by the Pembroke Town Board on December 30, 1991, and has subsequently been amended as set forth in records on file at the Pembroke Town Clerk’s Office.