[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.]
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.
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.
