§ 322-4. Application of regulations.
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[Amended 6-25-1985] | |||||||
A. Interpretation. In applying and interpreting this chapter, its provisions shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, comfort, convenience or the general welfare.
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B. Relation of Building Zone Ordinance to other provisions of law and to provide covenants and agreements.
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(1) Nothing contained in this chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with the Town Building Code and the New York State Uniform Fire Prevention and Building Code [NOTE: Title 9, Subtitle S, Chapter I, of the Official Compilation of Codes, Rules and Regulations of the State of New York, Volume 9-Executive (B), 9 NYCRR] or any rules or regulations adopted or issued thereunder or the rules and regulations of the Department of Health Services of the County of Suffolk or any other provisions of law or ordinance or regulation, existing or as may be adopted in the future, when not in conflict with any of the provisions of this chapter, nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land upon the height of the buildings or structures or requires larger lots, yards, courts or other open spaces than imposed or required by such other provisions of law, ordinance or regulation or by such easements, covenants or agreements, the provisions of this chapter shall control.
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(2) Wherever the provisions of any other law or ordinance or regulations impose a greater restriction than this chapter, the provisions of such other law or ordinance or regulations shall control.
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(3) No provision contained in this chapter shall be construed as justifying the encroachment of any building or structure with any street lines now or hereafter laid down on any subdivision plat filed in the office of the County Clerk or within any state, county or Town road.
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C. The minimum required lot area, frontage, or yard for one building or structure shall not be used as any part of the required lot area, frontage, or yard for any other building or structure. [Amended 6-24-201o]
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D. The parking spaces required for one building, structure or use shall not be included in the computation of required parking spaces for a second building, structure or use. [Amended 6-24-2010]
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E. Where districts are referred to as "more restrictive" or "less restrictive,"such designations shall refer to the order in which the districts are listed in § 322-5, with the first-named, or CF District, being the most restrictive. [Amended 10-21-1986]
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F. The provisions of this chapter shall be deemed to be specific. Those matters for which there is no specific provision in this chapter shall be deemed to be prohibited.
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G. Each principal use shall have its own frontage on a public street, and no principal use or structure shall be located behind any other principal use. [Added 10-21-1986; amended 12-6-1994]
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H. In all districts no lot area shall be made smaller than the minimum lot required for that district in which the lot is located without the approval of the Smithtown Planning Board. [Added 10-21-1986]
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I. It shall be a violation of this chapter to solicit or advertise for purposes of selling or renting property or portions of property when such sale or rental will result in property being utilized in violation or contravention of the uses permitted in §§ 322-7B, 322-8B, 322-9B and 322-10B, Table of Use Regulations. [Added 10-21-1986]
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