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Village of Fort Plain, NY
Montgomery County
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Table of Contents
Table of Contents
Code
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In the R-1 Residential District, no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
A. 
Uses permitted:
(1) 
Existing one-family dwelling.
(2) 
One-family dwelling.
(3) 
Existing two-family dwelling.
(4) 
Public or parochial school.
(5) 
Church, parish house, convent.
(6) 
Public park or playground.
(7) 
Water reservoir or standpipe.
(8) 
Farm and accessory buildings and uses.
(9) 
Customary accessory uses or structures.
(10) 
Cemetery.
B. 
Uses permitted as a special exception by the Board of Appeals:
(1) 
Public utilities.
(2) 
Nursing, convalescent or home for the aged.
(3) 
Customary home occupation.
The following use regulations shall apply in any R-2 Residential District:
A. 
Uses permitted:
(1) 
One-family dwelling.
(2) 
Existing two-family dwelling.
(3) 
Public or parochial school.
(4) 
Church, parish house, convent.
(5) 
Public park or playground.
(6) 
Water reservoir or standpipe.
(7) 
Farm and accessory buildings and uses.
(8) 
Customary accessory uses and structures.
(9) 
Cemetery.
(10) 
Two-family dwelling.
(11) 
Three- or four-family dwelling.
(12) 
Customary home occupations.
(13) 
Customary accessory uses or structures.
B. 
Uses permitted as a special exception by the Board of Appeals:
(1) 
Public utility structure or use.
(2) 
Nursing or convalescent home for the aged.
The following use regulations shall apply in any R-3 Residential District:
A. 
Uses permitted:
(1) 
One-family dwelling.
(2) 
Existing two-family dwelling.
(3) 
Public or parochial school.
(4) 
Church, parish house, convent.
(5) 
Public park or playground.
(6) 
Water reservoir or standpipe.
(7) 
Farm and accessory buildings and uses.
(8) 
Customary accessory uses and structures.
(9) 
Cemetery.
(10) 
Two-family dwelling.
(11) 
Three- or four-family dwelling.
(12) 
Customary home occupations.
(13) 
Customary accessory uses or structures.
(14) 
Multiple-family residence.
(15) 
Nursing or convalescent home for the aged.
B. 
Uses permitted as a special exception by the Board of Appeals:
(1) 
Public utility structure.
(2) 
Mobile home court.
(a) 
Residents in mobile home courts must register by name and lot number with the Zoning Officer when entering and leaving the court.
(b) 
Mobile homes must have a concrete slab above grade level as specified in the construction code.
(c) 
Mobile homes must have a skirt of complete noncombustible material with adequate ventilation.
(d) 
Mobile home courts must have a garage or utility building to house all garden and lawn tools.
(e) 
Mobile home wheels must be removed.
(f) 
The hitch and tongue must be removed or completely enclosed with the skirt as a planter.
In the A Agricultural District no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
A. 
Uses permitted:
(1) 
One-family dwelling.
(2) 
Existing two-family dwelling.
(3) 
Public or parochial school.
(4) 
Church, parish house, convent.
(5) 
Public park or playground.
(6) 
Water reservoir or standpipe.
(7) 
Farm and accessory buildings and uses.
(8) 
Customary accessory uses and structures.
(9) 
Cemetery.
(10) 
Two-family dwelling.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(11) 
Three- or four-family dwelling.
(12) 
Customary home occupations.
(13) 
Customary accessory uses or structures.
(14) 
Multiple-family residence.
(15) 
Nursing or convalescent home for the aged.
(16) 
Picnic grove, fish or game club, grange hall or club.
(17) 
Public utility building, station or structure.
(18) 
Private camp, organized camp.
(19) 
Public camp or campsite.
(20) 
Public park, forest or recreation area.
(21) 
Forest practices.
(22) 
Customary accessory uses.
B. 
Uses permitted as a special exception by the Board of Appeals:
(1) 
Processing plant for farm or food products.
(2) 
Sand, gravel, rock quarry or processing of such materials.
(3) 
Mobile home court.
The following use regulations shall apply in any C-1 Commercial District:
A. 
Uses permitted:
(1) 
One-family dwelling.
(2) 
Existing two-family dwelling.
(3) 
Public or parochial school.
(4) 
Church, parish house, convent.
(5) 
Public park or playground.
(6) 
Water reservoir or standpipe.
(7) 
Farm and accessory buildings and uses.
(8) 
Customary accessory uses and structures.
(9) 
Cemetery.
(10) 
Two-family dwelling.
(11) 
Three- or four-family dwelling.
(12) 
Customary home occupations.
(13) 
Customary accessory uses or structures.
(14) 
Multiple-family residence.
(15) 
Nursing or convalescent home for the aged.
(16) 
Two-family dwelling.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(17) 
Picnic grove, fish or game club, grange hall or club.
(18) 
Public utility building, station or structure.
(19) 
Private camp, organized camp.
(20) 
Public camp or campsite.
(21) 
Public park, forest or recreation area.
(22) 
Forest practices.
(23) 
Customary accessory uses.
(24) 
Retail store.
(25) 
Bank, savings or loan institution.
(26) 
Restaurant or other place for serving food or beverages.
(27) 
Motel or hotel.
(28) 
Personal service such as barbershop, beauty parlor, tailor or shoe repair shop.
(29) 
Coin-operated laundry or dry cleaner or pickup station.
(30) 
Household appliance sales or service.
(31) 
Funeral home.
(32) 
Social, recreational or fraternal club or ski lodge.
(33) 
Business or professional office.
(34) 
Municipal or public utility structure or use.
(35) 
Automobile, boat, mobile home or trailer sales or rental, including accessory service.
(36) 
Bowling alley, theater.
(37) 
Customary accessory building or use.
(38) 
Business sign.
B. 
Uses permitted as a special exception by the Board of Appeals:
(1) 
Drive-in food-service establishment.
(2) 
Gasoline service station.
(3) 
Commercial recreation, including golf driving range, miniature golf, par-3 golf course, trampoline center.
In any C-2 Commercial District the following buildings and uses are permitted:
A. 
Uses permitted:
(1) 
One-family dwelling.
(2) 
Existing two-family dwelling.
(3) 
Public or parochial school.
(4) 
Church, parish house, convent.
(5) 
Public park or playground.
(6) 
Water reservoir or standpipe.
(7) 
Farm and accessory buildings and uses.
(8) 
Customary accessory uses and structures.
(9) 
Cemetery.
(10) 
Two-family dwelling.
(11) 
Three- or four-family dwelling.
(12) 
Customary home occupations.
(13) 
Customary accessory uses or structures.
(14) 
Multiple-family residence.
(15) 
Nursing or convalescent home for the aged.
(16) 
Two-family dwelling.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(17) 
Picnic grove, fish or game club, grange hall or club.
(18) 
Public utility building, station or structure.
(19) 
Private camp, organized camp.
(20) 
Public camp or campsite.
(21) 
Public park, forest or recreation area.
(22) 
Forest practices.
(23) 
Customary accessory uses.
(24) 
Retail store.
(25) 
Bank, savings or loan institution.
(26) 
Restaurant or other place for serving food or beverages.
(27) 
Motel or hotel.
(28) 
Personal service such as barbershop, beauty parlor, tailor or shoe repair shop.
(29) 
Coin-operated laundry or dry cleaner or pickup station.
(30) 
Household appliance sales or service.
(31) 
Funeral home.
(32) 
Social, recreational or fraternal club or ski lodge.
(33) 
Business or professional office.
(34) 
Municipal or public utility or use.
(35) 
Automobile, boat, mobile home or trailer sales or rental, including accessory service.
(36) 
Bowling alley, theater.
(37) 
Customary accessory building use.
(38) 
Business sign.
(39) 
Drive-in food-service establishment.
(40) 
Laundry or dry-cleaning shop.
(41) 
Fruit or vegetable market.
(42) 
Farm implement sales or service.
(43) 
Public garage.
(44) 
Heating, plumbing, air-conditioning, electrical, cabinet or similar hand fabrication shop.
(45) 
Printing or publishing establishment.
(46) 
Public utility station, structure or use.
(47) 
Radio, television or household appliance sales or service.
(48) 
Commercial recreation, including golf driving range, miniature golf, par-3 golf, trampoline center or amusement park.
(49) 
Customary accessory uses.
(50) 
Animal hospital, commercial kennel or animal pound.
(51) 
Business sign.
B. 
Uses permitted upon issuance of a special permit by the Board of Appeals:
(1) 
Truck terminal.
In the M-1 Manufacturing District no building or premises shall be used and no building shall be erected or altered except for one or more of the following uses:
A. 
Uses permitted:
(1) 
One-family dwelling.
(2) 
Existing two-family dwelling.
(3) 
Public or parochial school.
(4) 
Church, parish house, convent.
(5) 
Public park or playground.
(6) 
Water reservoir or standpipe.
(7) 
Farm and accessory buildings and uses.
(8) 
Customary accessory uses and structures.
(9) 
Cemetery.
(10) 
Two-family dwelling.
(11) 
Three- or four-family dwelling.
(12) 
Customary home occupations.
(13) 
Customary accessory uses or structures.
(14) 
Multiple-family residence.
(15) 
Nursing or convalescent home for the aged.
(16) 
Two-family dwelling.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(17) 
Picnic grove, fish or game club, grange hall or club.
(18) 
Public utility building, station or structure.
(19) 
Private camp, organized camp.
(20) 
Public camp or campsite.
(21) 
Public park, forest or recreation area.
(22) 
Forest practices.
(23) 
Customary accessory uses.
(24) 
Retail store.
(25) 
Bank, savings or loan institution.
(26) 
Restaurant or other place for serving food or beverages.
(27) 
Motel or hotel.
(28) 
Personal service such as barbershop, beauty parlor, tailor or shoe repair shop.
(29) 
Coin-operated laundry or dry cleaner or pickup station.
(30) 
Household appliance sales or service.
(31) 
Funeral home.
(32) 
Social, recreational or fraternal club or ski lodge.
(33) 
Business or professional office.
(34) 
Municipal or public utility structure or use.
(35) 
Automobile, boat, mobile home or trailer sales or rental, including accessory service.
(36) 
Bowling alley, theater.
(37) 
Customary accessory building or use.
(38) 
Business sign.
(39) 
Drive-in food-service establishment.
(40) 
Laundry or dry-cleaning shop.
(41) 
Fruit or vegetable market.
(42) 
Farm implement sales or service.
(43) 
Public garage.
(44) 
Heating, plumbing, air-conditioning, electrical, cabinet or similar hand fabrication shop.
(45) 
Printing or publishing establishment.
(46) 
Public utility station, structure or use.
(47) 
Radio, television or household appliance sales or service.
(48) 
Commercial recreation, including golf driving range, miniature golf, par-3 golf, trampoline center or amusement park.
(49) 
Customary accessory uses.
(50) 
Animal hospital, commercial kennel or animal pound.
(51) 
Business sign.
(52) 
Lumber, feed, fuel sales or storage.
(53) 
Manufacture, assembly, processing or treatment of the following:
(a) 
Textiles, leather, plastics.
(b) 
Candy, cosmetics.
(c) 
Pharmaceutical or food products.
(d) 
Electrical, precision, surgical, dental or musical instruments.
(e) 
Toys or novelties.
(f) 
Paper, plastic, metal, stone or wood products from previously prepared materials.
(g) 
Asphaltic concrete.
(54) 
Warehousing and distribution.
(55) 
Laundry or dry-cleaning plant.
(56) 
Development or research center.
(57) 
Machine shop.
(58) 
Welding or metal craft shop.
(59) 
Accessory building or use.
(60) 
Business sign.
A. 
In any P-H Planned Historical District no building or premises shall be used and no building shall be erected or altered except in accordance with the following:
(1) 
Uses permitted:
(a) 
Residences.
(b) 
Farms.
(c) 
Historical buildings and sites.
(d) 
Antique sales.
(e) 
Restaurant.
(f) 
Motel.
(g) 
Church.
(h) 
Historical tourist attractions.
B. 
In any P-H Planned Historical District the uses permitted are subject to the additional regulations set forth below:
(1) 
Any Planned Historical District shall comprise at least five acres, and each parcel within the district shall comprise at least one acre and a minimum of 200 feet of street frontage.
(2) 
Application for creation of a new Planned Historical District or a new use within such a district shall be made to the Village Board, which Board shall refer the application to the Village Planning Board within 30 days.
(3) 
The applicant shall furnish such preliminary map, plans, drawings or elevations as may be required by the Village Planning Board for an understanding of the proposed character of development. In reaching its decision on the proposed development, the Planning Board shall consider and report upon the need for the proposed use in the proposed location, the existing character of the neighborhood in which the use would be located, the safeguards provided to minimize possible detrimental effects on adjacent property in compliance with performance standards and other appropriate factors.
(4) 
In the case of a request to establish a new development within a planned district, the Planning Board shall consider the proposed development in relation to use areas and height regulations of this chapter, access, topography, utilities, adjacent development and off-street parking and uses. The Planning Board shall either approve, modify and approve or disapprove such application and shall report its recommendation to the Village Board regarding issuance of a building permit within 62 days.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(5) 
In the case of a request to establish a new Planned Historical District, the Planning Board shall consider such application and shall report its recommendations to the Village Board. The Village Board shall hold a public hearing preceded by due notice as provided by law prior to amending the Zoning Map[2] in regard to establishing a Planned Historical District.
[2]
Editor's Note: The Official Zoning Map is on file in the office of the Village Clerk. A copy of the map may be included in the pocket at the end of this volume. To ensure its accuracy, also refer to the Table of Zoning Map Amendments included at the end of this chapter.
(6) 
In the event that the development has not been completed or substantial progress made within one year from date of approval, such approval shall be deemed automatically revoked and void. The Village Board may extend the permit for an additional period of six months if evidence is presented of intention to proceed.
A. 
Purpose. The regulations for planned development districts are intended to provide a means for the development of residential, business, commercial, manufacturing or recreational subdivisions, or combinations thereof, in which economies of scale or creative architectural or planning concepts may be utilized by the developer without departing from the spirit and intent of this chapter. In no case shall the regulations of this section be so interpreted as to circumvent the benefits of this chapter to the residents or occupants of adjoining properties.
B. 
Planned development districts may be established only in accordance with the procedures specified below:
(1) 
[1]The minimum area for a planned development district shall be as follows:
(a) 
Residential: five acres.
(b) 
Business: five acres.
(c) 
Commercial: five acres.
(d) 
Manufacturing: 10 acres.
(e) 
Recreational: 25 acres.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(2) 
The calculation of area for a planned development district shall not include easements, parks, existing streets or otherwise dedicated land, water areas in excess of 5% of the minimum gross acreage, lands designated on the Official Map for public purposes or land undesirable by reason of topography, drainage or adverse subsoil conditions. Sites proposed for a combination of two or more use classifications shall consist of the total land area required for each such use. The proposed development shall conform to the Village Master Plan.
(3) 
Application for establishment of a planned development district or a development project within such a district shall be made to the Village Board. The Village Board shall refer the application to the Planning Board within 30 days from receipt of the application. The applicant shall furnish to the Planning Board basic site data pertaining to the boundaries of the proposed planned development, existing zoning, the topography and subsoil conditions and such preliminary plans as may be required for an understanding of the proposed development with a petition for the desired zoning change, if required.
(4) 
Planned development districts shall be considered as a single parcel for the purpose of applying the regulations for exterior yard dimensions as specified in Schedule A.[2] Individual building projects within such district shall conform to the interior yard regulations of Schedule A. The requirements for off-street parking, loading and unloading, screening and other transitional measures shall be as specified by the Planning Board in conformance with Schedule B.[3]
[2]
Editor's Note: Schedule A can be found at the end of this chapter.
[3]
Editor's Note: Schedule B can be found at the end of this chapter.
(5) 
The Planning Board may require such changes in said preliminary plans as are found to be necessary to meet the requirements of this chapter. The Board may make such additional requirements as are deemed reasonably necessary to protect the established or permitted uses in the vicinity and to promote and protect the orderly growth and sound development of the village. In reaching its decision on the proposed development and changes, if any, in the preliminary plans, the Planning Board shall consider, among other things, the following:
(a) 
The need for the proposed land use in the proposed location.
(b) 
The existing character of the neighborhood.
(c) 
The location of principal and accessory buildings on the site in relation to one another.
(d) 
The pedestrian circulation and open space in relation to structures.
(e) 
The traffic circulation features within the site and the amount, location and access to automobile parking areas.
(f) 
The height and bulk of buildings and their relation to other structures in the vicinity.
(g) 
The proposed location, type and size of display signs, driveways, loading zones and landscaping.
(h) 
The safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general.
(i) 
Storm drainage and sanitary waste disposal in and adjacent to the area.
(6) 
The Planning Board shall approve, approve with modifications or disapprove such application and shall report its findings to the Village Board within 62 days following the date of referral by the Village Board to the Village Planning Board.[4]
[4]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(7) 
The Village Board shall hold a public hearing on a proposal to create or change a planned development district, with public notice, as provided by law in the case of any amendment to this chapter.
(8) 
The Village Board may amend this chapter after the public hearing so as to define the boundaries of the planned district. Such action shall have the effect only of establishing a planned development district for the use proposed in the preliminary plans filed with the Village Board. Such planned district shall be designated as Planned Residential, Planned Business, Planned Commercial, Planned Manufacturing or Planned Recreational according to the type of development. Such amendment of this chapter shall not constitute or imply a permit for construction or approval of construction plans.
(9) 
Any permit for a building project within a planned development shall be issued only after approval of the project and preliminary plans thereof by the Village Planning Board, except as noted below.
(10) 
In the event that the Planning Board disapproves a planned development district proposal or a project within such district or approves with modifications which the applicant is unwilling to make, an affirmative vote of not less than three-fourths (3/4) of the members of the Village Board shall be required to establish such planned district or to authorize a building permit within such district.