In their interpretation and application, the
provisions of this chapter shall be held to be the minimum requirements
adopted for the promotion of the public health, safety, comfort, convenience
and general welfare. Except where specifically provided to the contrary,
it is not intended by this chapter to repeal, abrogate, annul or in
any way to impair or interfere with any rules, regulations or permits
previously adopted or issued or which shall be adopted or issued pursuant
to law relating to the use of buildings, structures, shelters or premises,
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 or premises or requires larger open spaces
than are imposed or required by any other statute, ordinance, rule,
regulation or permit, or by any easement or agreement, the provisions
of this chapter shall control. In the event of any conflict between
any provisions of this chapter, the more restrictive provisions shall
control.
This chapter shall be known and may be cited
by the short title of the "2001 Zoning Law of the Town of Warwick,
New York."
In each instance in which a provision of this
chapter shall contradict or be inconsistent with a provision of the
Town of Warwick Municipal Code, the provisions contained in this chapter
shall govern and prevail.
[Added 1-24-2002 by L.L. No. 2-2002;
amended 9-11-2003 by L.L. No. 4-2003]
A. Purpose. Ordinary Town review processes may cause
significant delay and may even preclude existing businesses and residences
from continuing to function when unexpected and sudden disasters require
relocation or other immediate changes in operations. These rules are
intended to allow for the continuation of lawfully existing businesses
and residences following disasters, while providing interim standards
for protecting the health, safety, and general welfare of the people.
B. Permit requirements. A temporary six-month permit
may be issued by the Town of Warwick Building Department for lawfully
existing business or residential uses and/or facilities following
a disaster in accordance with the rules and conditions stated herein.
Any such permit shall be revocable in the event of any imminent danger
or following notice and a hearing.
(1)
The use must be a lawfully existing use in the
zoning district.
(2)
The need for temporary use of facilities must
be occasioned by fire, flood, wind, or similar catastrophic forces.
(3)
The temporary use must have reasonable facilities
for parking, access, safety, and other regulatory requirements as
determined by the Building Department upon consultation with professional
staff.
(4)
No new permanent buildings or structures shall
be constructed pursuant to a temporary permit.
(5)
No such use shall continue for a period in excess
of six months unless formal application is made within three months
of the commencement of such uses.
(6)
No rights shall accrue to the temporary use
of facilities as a result of the issuance of a temporary permit.