[HISTORY: Adopted by the Board of Supervisors of the Village
of Fort Plain 2-18-2020 by L.L. No. 1-2020. Amendments noted where
applicable.]
This Local Law shall be known as "Local Law No. 1 of 2020" regulating existing lodging houses, rooming houses and boarding
houses in the Village of Fort Plain and preventing new lodging houses,
rooming houses and boarding houses from being established or enlarged
after the enactment of this Local Law.
This Local Law has been enacted for the purpose of promoting
the health, safety and general welfare of the inhabitants of the Village
of Fort Plain through the regulation of lodging houses, rooming houses
and boarding houses existing as of the adoption of this Local Law
and to provide minimum standards for their continued use and to prohibit
any new lodging houses, rooming houses and boarding houses from being
established in the Village, taking into consideration the effect that
such lodging houses, rooming houses and boarding houses may have on
parking, real estate values, the stability of neighborhoods, transient
and high turnover of individuals, safety concerns and in particular,
fire, and the potential for the improper conversion of one-, two-
and three-family homes.
As used in this chapter, the following terms shall have the
meanings indicated:
LODGING HOUSE/ROOMING HOUSE/BOARDING HOUSE
A building or structure, other than a hotel, motel lodge,
inn or multiple-family dwelling in which the proprietor, or their
agents or assigns, provides sleeping accommodations for three persons
or more, with or without board in exchange for compensation, and for
such services as are incidental thereto. The proprietor and members
of the proprietor's immediate family are excluded.
No lodging house, rooming house or boarding house which furnishes
lodging or rooming accommodations for hire within the same shall exist
or be maintained within the Village without a license, which shall
be issued by the Board of Trustees as hereinafter provided. Notwithstanding
the foregoing, where a lodging house, rooming house or boarding house
lawfully existed prior to the adoption of this Local Law, such house
can continue to exist pursuant to a license issued subject to the
provisions of this chapter, provided that no such lodging house, rooming
house or boarding house may be enlarged or expanded in any manner
greater than it existed as of the adoption of this Local Law. It is
the intention of this section that no new lodging house, rooming house
or boarding house be established on or after the adoption of this
Local Law, but that those lodging houses, rooming houses and boarding
houses lawfully existing as of the adoption of this Local Law may
be permitted to continue as nonconforming licensed uses, so long as
such uses continue to conform to Code requirements and maintain all
required licenses.
Any licenses issued for lodging houses, rooming houses and boarding
houses existing as of the adoption of this Local Law and any renewal
licenses shall be subject to revocation, unless the applicant or holder
of such license fully complies with the following requirements:
A. The applicant shall be the individual owner of such premises and
shall be of good moral character.
B. The maximum number of lodgers, roomers or boarders shall be four.
C. There shall be no more than one person occupying a room as a lodger,
roomer or boarder, and such room shall have a minimum of 100 square
feet of floor space. More than one person may occupy a single room
if related by blood or marriage and provided the room shall be of
such size to provide a minimum of 75 square feet of floor area for
each person.
D. At the time of the issuance of such license and at all times when
the licensed premises are used as a lodging house, rooming house or
boarding house, the owner thereof shall maintain his residence in
and shall actually reside in the licensed premises.
E. Lodging houses, rooming houses and boarding houses legally operating
prior to the adoption of this Local Law shall constitute nonconforming
uses pursuant to the zoning regulations of the Village, and the owners
thereof must apply for a license within 60 days of the adoption of
this Local Law and be in compliance with all of the provisions of
this chapter. Failure to apply for a license within 60 days of the
adoption of this Local Law shall be deemed an abandonment of such
nonconforming use.
F. All lodging houses, rooming houses and boarding houses shall be heated
by a central heating plant or electric panel heating.
G. No cooking or storage of foodstuffs shall be permitted in any room
other than a kitchen.
H. In all parts of such building artificial lighting shall be provided
by means of electric current; and each electric circuit shall be provided
with a circuit breaker or fuse which shall meet the requirements of
the New York Board of Fire Underwriters. Each application shall be
accompanied by a New York Board of Fire Underwriter's certificate.
This certificate shall not be more than one year old. Thereafter on
renewal applications a current New York Board of Fire Underwriter's
certificate shall be required at least once each five years. Any fees
involved in obtaining this current New York Board of Fire Underwriter's
certificate shall be borne by the applicant.
I. No sinks shall be installed or used in any sleeping room, but basins
shall be permitted for personal washing and shaving. Such basins,
however, shall not be used for washing clothes and dishes or any unsanitary
purposes.
J. Bathroom facilities shall be maintained for the owner-occupant separate
and apart from bathroom facilities for the lodgers, roomers and boarders.
K. All sleeping rooms shall be numbered with raised figures not less
than three inches in height placed on the outside of the door to each
room, and no two rooms shall bear the same number.
L. Each and every floor on which rooms are occupied by roomers shall
be equipped with an approved fire extinguisher in good working condition
readily accessible for use at all times.
M. A water meter must be installed in the premises and properly connected
with the water service line. Said meter must be obtained from the
Water Department of the Village, and a record of such installment
must be exhibited by the applicant before a license shall be issued
hereunder.
N. No room shall be occupied by roomers in the third floor or attic
of any dwelling unless the building complies fully with the New York
State Multiple Residence Law.
O. Off street parking must be provided on or off premises for all occupants
who own automobiles.
P. All licensed lodging houses, rooming houses and boarding houses shall
be subject to inspections at all reasonable hours by properly authorized
representatives of the Village. Failure to comply with this provision
shall constitute a ground for immediate revocation of the license.
Any person maintaining such a lodging house, rooming house or
boarding house pursuant to the provisions of this chapter shall keep
upon such premises a register showing the same and occupations of
all persons residing or living in or upon said premises and shall
exhibit the same to any member of the Police Department or the Code
Enforcement Officer of the Village or his designee, or the Chief of
the Fire Department or his deputized agent, at any reasonable time
upon demand, and upon the failure to so exhibit the same, such license
shall be revoked.
Any person or persons convicted of violating any provisions
of this chapter shall be guilty of a violation and shall be subject
to fine and/or imprisonment as may be provided by law for violations
of the Village Code, and, in addition thereto, the license for such
lodging house, rooming house or boarding house shall be revoked, and
such premises shall cease to operate.
The fee for any license required by the provisions of this chapter
shall be in an amount fixed from time to time by resolution of the
Board of Trustees of the Village of Fort Plain.
A. At any time subsequent to the granting of a license, the Zoning Board
of Appeals may commence a proceeding to terminate said license based
upon a failure of the applicant to comply with any condition imposed
by this Local Law for the granting of such license.
B. The Chairman of the Zoning Board of Appeals shall rule on all evidentiary
matters, and the burden of proof shall be on the Zoning Board of Appeals
to prove by a preponderance of the evidence that the conditions imposed
by this Local Law have been violated.
C. After the hearing is completed, the Zoning Board of Appeals shall
determine whether such conditions have been violated. To make a finding
that such violations have occurred, there must be a concurring vote
of a majority of the members of the Zoning Board of Appeals.
D. Upon finding of such violations, the Board must take one or more
of the following actions:
(1) Declare the license to be terminated as if the original permit had
not been granted.
(2) Continue the license under the same terms and conditions previously
imposed.
(3) Impose a civil penalty of up to $200 per day for each day the lodging
house, rooming house or boarding house continues to operate after
the license is terminated.
A license for a lodging house, rooming house or boarding house
which was existing as of the time of the adoption of this Local Law
shall continue until such time as is voluntarily terminated, terminated
by the Village for failing to meet the requirements for the maintenance
and renewal of a license or by abandonment. For the purposes of this
section, a license shall be considered to be abandoned when it has
been abandoned or discontinued for a period of 12 consecutive months
or for a total of 18 months in any three-year period.
Each separate provision of this Local Law shall be deemed independent
of all other provisions herein, and if any provisions shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.
This Local Law shall supersede all prior Local Laws, ordinances,
rules and regulations which may be inconsistent with the provisions
of this law.
This Local Law shall take effect immediately upon filing with
the Secretary of State.
The chapter designations and numerical/lettering designations
of the sections included in this chapter shall be delegated to the
discretion of General Code, which may renumber the chapter and sections
included in this Local Law as necessary to accommodate incorporation
of this Local Law in the Code of the Village of Fort Plain.