[HISTORY: Adopted by the Board of Trustees of the Village of Greenport 11-19-1998 by L.L. No. 11-1998. Amendments noted where applicable.]
It is hereby found and declared that the Village of Greenport is in need of revitalization and that the Village Board of the Village of Greenport has adopted a policy of providing for mechanisms which assist in this revitalization. It is further found and declared that second-story and third-story spaces and other commercial/industrial spaces have lost and continue to lose retail and office tenants, and that the unused floor spaces of such buildings constitute a potential housing stock. It is further found and declared that residential uses within the Village of Greenport contribute to the viability of the Village of Greenport, and that the provision of an arena for the creation of art and cultural resources together with accessory living accommodations for the artist would create a unique environment for increased investment contributing to the revitalization of the village.
This chapter shall be known and may be cited as the "Greenport Arts District Law" of the Village of Greenport.
The Greenport Arts District shall encompass that area bounded as follows: Zones 1, 2 and 3 of the Village of Greenport. (As defined in the Zoning Map of the Village of Greenport).
Editor's Note: The Zoning Map is on file in the office of the Building Inspector.
As used in this chapter, the following terms shall have the meanings indicated:
- A person who is regularly engaged in the fine arts, such as painting and sculpture, in the performing or creative arts, including but not limited to writing, choreography, photography, video and filmmaking or in the composition and/or performance of music on a professional basis, and is so certified by the Board of Trustees of the Village of Greenport.
- ARTIST DWELLING
- A building or portion of a building used as an accessory residence to a studio or gallery by the resident artist.
- A building or portion of a building used as a place to display or sell original works of art.
- GREENPORT ARTS AND CULTURAL COMMITTEE
- A committee appointed by the Board of Trustees to review, administer and make recommendations to the Board of Trustees of applicants for a permit for an artist dwelling.
- A building or a portion of a building used as a place of work by an artist.
The Zoning Ordinance of the Village of Greenport shall be amended as follows:
No building shall be occupied for an artist dwelling prior to the issuance of a permit by the Board of Trustees of the Village of Greenport certifying the resident is an artist. In this determination, the Board of Trustees of the Village of Greenport shall seek, consider and rely upon the opinion of the Greenport Village Arts and Cultural Committee and upon the definition of an artist as set forth in this chapter. All applications for a permit shall include the following information and the payment of an application fee of $10:
The name and address of the applicant and whether the applicant is the owner or the lessee of the premises; additional family members must be indicated.
A description of the type of art to be created within the premises together with a description of the relevant art work history of the applicant, together with references and supporting documents as required by the application.
The Village Clerk shall retain the original permit application and distribute one copy to the Village Board of Trustees and one copy to the Greenport Village Arts and Cultural Committee.
The Village Board of Trustees shall review all completed permit applications and either approve or deny such permit by resolution. The Village Board of Trustees shall consult with the Arts and Cultural Committee to make a decision upon the acceptability of the application for artist designation. In rendering a decision of approval, approval with conditions or a denial of the permit, the Village Board of Trustees shall state in writing its findings of fact and conclusions to be duly adopted by resolution at a regular meeting of the Board. Within 10 days, a copy of the resolution adopted shall be sent by mail to the applicant at his or her indicated address and a copy thereof delivered to the Village Clerk.
A permit duly issued shall be valid for a period of one year from its date of issuance or until the actual commencement of residence, whichever is sooner. Upon the actual commencement of residence, said permit shall remain valid and in force and effect so long as the permittee resides in said premises and continues his or her activity as an artist as said term is herein defined. The permittee shall notify the Village Clerk of any changes in the occupancy and/or activity of the premises by certified mail addressed to Village Hall, 236 Third Street, Greenport, New York 11944. In the event that occupancy and/or activity changes to such an extent that the intent of this legislation is contravened, the permit may be revoked by the Village Board after a hearing duly held upon written notice sent by certified mail to the permittee.