The duty of administering and enforcing the provisions of this chapter is hereby conferred upon the Code Enforcement Officer, who shall have such powers as are conferred upon him by this chapter. He shall be appointed by the Village Board and shall carry out any directives from the Board relative to the duties of the position set forth in §
163-12 below. The Code Enforcement Officer shall receive such compensation as the Village Board shall determine.
Upon written direction of the Planning Board, the Code Enforcement
Officer is hereby empowered to issue a special use permit as provided
for by this chapter.
A. Uses permitted by special permit shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in Article
X in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
B. A special use permit shall authorize only one particular special
use. The special use permit shall expire if the use shall cease for
more than one year for any reason.
C. No person shall be issued a special use permit for a property where
there is an existing violation of this chapter.
D. Before any special use permit shall be issued, the Planning Board
shall make written findings certifying compliance with the specific
rules governing individual special permit uses and that satisfactory
provision and arrangement has been made relative to the following
additional concerns:
(1) Ingress and egress to the property and proposed structures thereon,
with particular reference to vehicular and pedestrian safety and convenience,
traffic flow and control and access in case of fire or catastrophe.
(2) Off-street parking and loading areas where required, with particular attention to the items in Subsection
D(1) above and the noise, glare or odor effects of the special permit use on adjoining properties and properties generally in the district and the economic impact of the proposed special permit use.
(3) Refuse and service areas, with particular reference to the items in Subsection
D(1) and
(2) above.
(4) Utilities as appropriate, with reference to locations, availability
and compatibility.
(5) Storm drainage, including potential impact on downstream properties.
(6) Screening and buffering, with reference to type, dimensions and character.
(7) Signs, if any, and proposed exterior lighting with reference to glare,
traffic safety, economic effect and compatibility and harmony with
properties in the district.
(8) Required yards and other open space.
(9) General compatibility with adjacent properties and other properties
in the zone district.
E. All applications for special use permits shall be made in quadruplicate
to the Code Enforcement Officer on forms provided by him.
F. The Code Enforcement Officer, after determining that an application
is in proper form, shall transmit copies of the application and all
supporting documents to the Planning Board for approval in accordance
with the procedures specified below.
G. The Code Enforcement Officer shall transmit a copy of the complete
application and supporting documents to the County Planning Board
for review when required under Article 12-B, § 239-m of
the General Municipal Law.
H. The application shall include a site development plan of the special permit use and subject parcel drawn to scale, which includes all of the data specified in §
163-19 of this chapter.
I. Prior to taking action on an application for a special use, the Planning
Board shall conduct a public hearing on the proposed request. Said
hearing shall be conducted within 45 days following the receipt of
a complete application and supporting documents from the Code Enforcement
Officer. Within 30 days from the date of such public hearing, the
Planning Board shall, by resolution, either approve, approve with
conditions or disapprove the application so heard. The thirty-day
period available to make a determination may be extended by mutual
agreement of the applicant and the Planning Board.
J. If the application was transmitted to the County Planning Board under
Article 12-B, § 239-m of the General Municipal Law, the
Planning Board cannot act within the first 30 days following the referral
of the application to the County Planning Board unless said Board
provides a written reply to the village within the thirty-day period.
K. In approving an application, the Planning Board may impose any modifications
or conditions it deems necessary to conform to the goals and objectives
of the village's Comprehensive Plan and its principles of land
use and development and to protect the health, safety or general welfare
of the public.
L. If an application is approved by the Planning Board, the Code Enforcement
Officer shall be furnished with a copy of the approving resolution
of the Planning Board, and he shall issue the permit applied for in
accordance with the conditions imposed by the Board.
M. If any application is disapproved by the Planning Board, the reasons
for such denial shall be set forth in the Board resolution, and a
copy of such resolution shall be transmitted to the Code Enforcement
Officer. The Code Enforcement Officer shall deny the application accordingly
by providing the applicant with a copy of the Board's reasons
for disapproval.
N. The Code Enforcement Officer shall inspect the premises of a use
authorized and approved with a special use permit not less than one
time each calendar year. The inspection shall determine that the use
is being operated consistent with the terms and conditions established
by the Planning Board in approving the permit. If the Code Enforcement
Officer shall determine that the conditions are not in compliance
with the permit, the Code Enforcement Officer shall nullify the special
use permit and set forth the procedures and requirements for reestablishing
the use. The use may not be operated until a new application is submitted
and approved.
Upon written direction of the Board of Appeals, the Code Enforcement
Officer is hereby empowered to issue a temporary use permit. A temporary
use permit shall only be effective for a period of not to exceed three
months; said permit may be extended by the Board of Appeals not more
than once, for an additional period not to exceed three months.
A. All applications for temporary use permits shall be made in quadruplicate
to the Code Enforcement Officer on forms provided by him.
B. The Code Enforcement Officer, after determining that an application
is in proper form, shall transmit copies of the application to the
Board of Appeals for review and approval.
C. The application shall include a statement by the applicant which
specifies the nature of the proposed use and the length of time for
which the temporary use is to be authorized.
D. The Board of Appeals may seek the advisory opinion of the Planning
Board or the Village Engineer as well as that of other agencies, organizations
or individuals prior to making a decision on the request.
E. The Board of Appeals may schedule a public hearing to invite public
comment if it determines that the public interest would be served
on the application by such a hearing.
F. The Board of Appeals shall, within 45 days of the receipt of a complete
application, approve or deny the application. In approving the request,
the Board of Appeals shall set the maximum length of time for the
authorization of such use. Further, the Board of Appeals may impose
any conditions or restrictions on the applicant that is deemed to
be in the best interests of the Village of Warsaw.
G. The Code Enforcement Officer, acting on written direction of the
Board of Appeals, shall either issue or deny the permit.
Each application for a zoning, temporary use and special use
permit shall be made in quadruplicate and accompanied with a site
development plan. All site development plans submitted to the village
for review and approval shall be prepared by a licensed professional
engineer, architect, land surveyor or landscape architect as per the
New York State Education Law. The materials to be submitted with each
application shall clearly show the conditions on the site at the time
of the application, the features of the site which are to be incorporated
into the proposed use or building and the appearance and function
of the proposed use or building. The application shall include the
following information and specify both before and after conditions:
A. The location, design, dimensions, use and height of each proposed
building and yard area.
B. Property boundaries, as shown on an accurate map drawn to scale,
including the precise location of the center line of the road, dimensions,
North arrow and the date.
C. A general location map showing the location of the property in relation
to adjacent parcels.
D. The location and arrangement of vehicular accessways and the location,
size and capacity of all areas to be used for off-street parking.
E. Information to describe topography and natural grades.
F. Provisions for water supply, sewage disposal and storm drainage.
G. The location of fire hydrants.
H. The location and design of outdoor lighting facilities.
I. The location and design of construction materials of all proposed
signs.
J. The location and capacity of all areas to be used for loading and
unloading and the distance to the nearest intersection.
K. The location and dimensions of sidewalks, walkways and other areas
established for pedestrian use.
L. The design and treatment of open areas, buffer areas and screening
devices maintained, including dimensions of all areas devoted to lawns,
trees and other landscaping devices.
M. The location of fire and other emergency zones.
N. Other elements integral to the proposed development as considered
necessary by the Code Enforcement Officer, Village Engineer or Planning
Board, including a property survey, any and all requirements to comply
with the State Environmental Quality Review (SEQR) procedures, other
community impacts and the identification of any state or county permits
required for the execution of the project.
Each application for a permit provided for by this chapter shall
be accompanied by a fee, payable in cash or other form of security
approved by the Village Attorney. Fees shall be established annually
by resolution of the Village Board.