Village of Fort Plain, NY
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fort Plain 10-20-2009 by L.L. No. 3-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Fair housing — See Ch. 96.
Property maintenance — See Ch. 138.
Zoning — See Ch. 192.
This chapter shall be referred to as the "Local Law Imposing Restrictions on the Conversion of Storefronts in the Business Area of the Village to Apartments".
A. 
Pursuant to the statutory powers vested in the Village of Fort Plain (the Village), to regulate and control land use and to protect the health, safety and welfare of its residents, the Village Board hereby imposes restrictions on the conversion of storefronts in the business area of the Village to apartments.
B. 
The Village Board desires to address, in a careful manner, the potential conversion of storefronts in the business area of the Village to apartments throughout the business district, rather than on an ad hoc basis, and to regulate same to ensure the preservation of the business district in a manner that does not create a nuisance and is not detrimental to the health, safety and general welfare of the residents of the Village.
A. 
The Village Board shall not grant any approvals that would have as the result the conversion of storefronts in the business area of the Village to apartments.
B. 
The Village Planning Board shall not grant any preliminary or final approval to a subdivision plat, site plan, special use permit or other permit that would have as a result the establishment, placement, construction and/or enlargement of an apartment in a storefront in the business area of the Village.
C. 
The Village Zoning Board of Appeals shall not grant any variance or other permit for any use that would result in the establishment, placement, construction and/or enlargement of an apartment in a storefront in the business area of the Village.
D. 
The Building Inspector/Code Enforcement Officer of the Village shall not issue any permit that would result in the establishment, placement, construction and/or enlargement of an apartment in a storefront in the business area of the Village.
E. 
Business district defined.
(1) 
The business area of the Village shall be defined as follows:
(a) 
On the northeasterly side of Canal Street from the corner of Webster and Canal Streets to the corner of Canal and Main Streets.
(b) 
On the southwesterly side of Canal Street from the boundary line between the premises at 83 Canal Street (SBL # 46.61-1-21) and 85 Canal Street (SBL # 46.46-1-49) to the corner of Canal and Main Streets.
(c) 
On the southeasterly side of Main Street from the boundary line between the residence premises at 5 Main Street (SBL # 46.54-1-9) and the former corner of State Street (abandoned) and Main Street (SBL # 46.54-1-34) to the boundary line between the premises located at 69 Main Street (SBL # 46.54-1-18) and the residence premises located at 87 Main Street (SBL # 46.54-1-19).
(d) 
On the northwesterly side of Main Street from the corner of Main and Legion Streets to the boundary line between the premises at 88 Main Street (SBL # 46.54-1-29) and the residence premises at 92-94 Main Street (SBL # 46.54-1-28).
(e) 
On the northwesterly side of River Street from Canal Street to West State Street.
(2) 
The premises designated as the business district for the purpose of this chapter are as shown on the copy of the tax map which is incorporated into this chapter.[1]
[1]
Editor's Note: A copy of the tax map is on file in the Village offices.
F. 
The Village Board reserves the right to direct the Village Building Inspector/Code Enforcement Officer to revoke or rescind any building permits or certificates of occupancy issued in violation of this chapter.
No applications for construction affected by this chapter or for approvals for a site plan, subdivision, variance, special use permit or other permits shall be considered by any board, officer or agency of the Village contrary to the provisions of this chapter.
Any person, firm or corporation that shall establish, place, construct and/or enlarge any apartment in a storefront in the business area of the Village in violation of the provisions of this chapter or shall otherwise violate any of the provisions of this chapter shall be subject to:
A. 
Such penalties as may otherwise be provided by applicable local laws, ordinances, rules, regulations of the Village for violations; and
B. 
Injunctive relief in favor of the Village to cease any and all such actions which conflict with this chapter and, if necessary, to remove any installation and/or construction that may have taken place in violation of this chapter.
A. 
Should any owner of property affected by this chapter suffer an unnecessary hardship as a result of the carrying out the strict letter of this chapter, then the owner of said property may apply to the Zoning Board of Appeals of the Village in writing for a variation from strict compliance with this chapter upon submission of proof of such unnecessary hardship.
B. 
Procedure. Upon submission of a written application to the Zoning Board of Appeals by the property owner seeking a variation of this chapter, the Zoning Board of Appeals shall, within 40 days of receipt of said application, schedule a public hearing on said application upon five days' written notice in the official newspaper of the Village. At said public hearing, the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Zoning Board of Appeals shall, within 15 days of the close of said public hearing, render its decision either granting or denying the application for a variation from the strict requirements of this chapter. If the Zoning Board of Appeals determines that a property owner will suffer an unnecessary hardship if this chapter is strictly applied to a particular property, then the Zoning Board of Appeals shall vary the application to this chapter to the minimum extent necessary to provide the property owner relief from the strict compliance with this chapter.