By JIMMY LAWTON

OGDENSBURG – City council is expected to set a public hearing for its proposed Adaptive Reuse District, after more than half a year of delays and modifications.

City council agreed to move forward with controversial law despite alleged threats of a possible lawsuit that were discussed in executive session at the previous council meeting.

The city has struggled for nearly six months to establish a new zoning district that would allow development of former churches, businesses and school buildings that are located in residential zoned areas.

The latest proposal would give city council the ability to deny applications for development that were approved by the zoning board of appeals, with a simple majority of votes. However, if the city wants to approve a plan that has been denied by the ZBA or County Planning office, it would require a super majority vote.

The plan has drawn criticism from residents who live near buildings included in the ARD. Many people have claimed the plan is the equivalent of spot zoning, which is an illegal practice. However, City Planner Andrea Smith says the process is legal and in fact mimics a similar law that already exists for parcels of 2 or more.

Despite the threats of litigation, Nelson said the board will move ahead with its plan. He said proposal has undergone extensive legal review and he expects the board to pass the Adaptive Reuse Plan, which has been stalled for various reasons for more than six months.

The latest version of the ARD proposal eliminates the joint commission, which was a board created for the sole purpose of reviewing and accepting development of properties within the proposed Adaptive Reuse District.

Instead, approval will be needed from the Zoning Board of Appeals, city council and the Planning Board.

City Manager John Pinkerton said this restriction stems from state law.

Councilors briefly discussed the ARD Monday, and made plans to set a public hearing regarding the law, which would likely take place in April.