§ 261. Grant of power; appropriations for certain expenses incurred
under this article. For the purpose of promoting the health, safety,
morals, or the general welfare of the community, the town board is
hereby empowered by local law or ordinance to regulate and restrict the
height, number of stories and size of buildings and other structures,
the percentage of lot that may be occupied, the size of yards, courts,
and other open spaces, the density of population, and the location and
use of buildings, structures and land for trade, industry, residence or
other purposes; provided that such regulations shall apply to and affect
only such part of a town as is outside the limits of any incorporated
village or city; provided further, that all charges and expenses
incurred under this article for zoning and planning shall be a charge
upon the taxable property of that part of the town outside of any
incorporated village or city. The town board is hereby authorized and
empowered to make such appropriation as it may see fit for such charges
and expenses, provided however, that such appropriation shall be the
estimated charges and expenses less fees, if any, collected, and
provided, that the amount so appropriated shall be assessed, levied and
collected from the property outside of any incorporated village or city.
Such regulations may provide that a board of appeals may determine and
vary their application in harmony with their general purpose and intent,
and in accordance with general or specific rules therein contained.