Freeport City Zoning Code
ARTICLE I
Definitions and General Administration
§ 210-1 Purposes.
The purposes of this chapter are to regulate and restrict the location, construction and use of buildings, structures and the use of land in the Village and, for said purpose, to divide the Village into districts.
§ 210-2 Interpretation of chapter.
The provisions of this chapter shall be construed to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare of the Village. It is not intended by this chapter to rescind, repeal, abrogate, annul or in any way impair or interfere with any existing provisions, laws or ordinances, except as hereinbefore provided, or any rules, regulations or permits previously adopted or issued pursuant to law, relating to the use of buildings or premises; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger yards or other open spaces than are imposed or required by any other ordinances, rules or regulations or permits, or by easements, covenants or agreements, the provisions of this chapter shall control; and provided further that nothing herein contained shall prohibit or restrict the revocation of any permit heretofore or hereafter issued where no vested rights exist in favor of the holder thereof.
§ 210-3 Definitions.
[Amended 4-24-1967; 8-14-1978 by L.L. No. 16-1978; 3-18-1996 by L.L. No. 1-1996; 4-21-1999 by L.L. No. 2-1999; 12-17-2007 by L.L. No. 6-2007; 5-12-2008 by L.L. No. 3-2008]
For the purpose of interpreting, construing and applying the provisions of this chapter, the following definitions shall be observed:
Any structure other than a garage, with a foundation system, used for an accessory use, which is enclosed to protect its interior from the weather, located on the same lot as a residence.
A use customarily incidental and subordinate to the principal use or building and located on the same lot as such principal use or building.
Only in areas mapped in a floodplain by FEMA FIRM maps. Adjusted grade is the average of established grade and the design flood elevation as established by FEMA, the Incorporated Village of Freeport, and the North American Vertical Datum of 1988 (NAVD88).
[Amended 10-21-2024 by L.L. No. 1-2024]
As applied to a building or structure, means changes or rearrangements in the structural parts or in the exit facilities; or enlargements, whether by extending on a side or by increasing in height; or the moving from one location or position to another.
A building arranged, intended or designed to be occupied by three or more families living independently of each other.
The maximum horizontal projected area of a building and its accessory buildings, exclusive of chimneys, cornices, open steps, balconies, terraces (except such terraces or uncovered porches as are constructed above finished grade elevation) and other minor ornamental features projecting from the walls of the building and not supported independently by the ground.
Comprises the total area in square feet of all floors used for residential purposes, including the public hallways, stairwells and elevators serving dwelling units, and is measured between the exterior faces of walls. It does not include the floor area of cellars, open porches or floor areas having headroom of less than seven feet six inches, nor cellars, community rooms, offices, stores or other nonresidential space.
The building volume enclosed between the underside of the roof, the top side of the structure forming the ceiling over the highest floors and, if present, the exterior walls. Attics may be either habitable or uninhabitable spaces as determined by the provisions of the New York State Building Code. Attics which meet the standards for habitable space shall be considered a story.
An exterior fireplace or built-in grill constructed primarily of masonry permanently anchored to the ground with a foundation system not exceeding four feet in height above established grade and 50 square feet in area. Similar structures exceeding these dimensions are defined as accessory structures.
A benchmark determined by FEMA as a minimum design elevation for structures and buildings as designated on FIRM maps.
A story, the floor of which is not more than three feet below and the ceiling of which is not less than four feet six inches above the average level of the lawfully established grade of the street curb. A basement shall be considered a story.
Any dwelling in which more than three persons are housed or lodged for hire with or without meals. A rooming house or furnished room house shall be deemed a boardinghouse.
A roofed structure with a maximum of six feet in width along its short axis and a maximum of 125 square feet in area, enclosed or unenclosed, unheated, connecting a residence with either a detached garage or an accessory building.
A combination of materials adapted to form a construction that is safe and stable and adapted to permanent or continuous occupancy for residence, business, assembly or storage purposes and having a roof. The term "building" shall be construed as though followed by the words "or part thereof."
The line of that face of the building nearest the front line of the lot. This face shall be construed to include all construction above grade except steps and cornices.
The vertical distance measured, in the case of flat roofs, from the established grade or adjusted grade to the highest level of the parapet walls and, in the case of pitched roofs, from the established grade or adjusted grade to the highest ridgeline.
A covered area formed by or attached to the principal building, used for the storage of motor vehicles and that has less than 50% of its perimeter enclosed by a solid vertical plane. A carport/porte cochere shall be considered an accessory structure and shall not be considered as floor area for the purposes of calculating floor area ratios.
A story entirely or partly underground and having more than 1/2 of its clear height below average ground level of the adjoining ground. A cellar shall not be considered a story for the purposes of height measurement in determining the permissible number of stories. Notwithstanding the foregoing, an apartment house cellar shall be considered a story if its ceiling shall extend more than two feet above the average level of the lawfully established grade of the street curb.
A lot which fronts on two or more intersecting streets and is not by definition a through lot. A corner lot will have a primary front yard which abuts the street on which the building's address is located. In the case of buildings with addresses on more than one street, the definition of the primary front yard will be at the discretion of the Superintendent of Buildings. Front yards on other streets shall be the secondary front yards. The rear yard of a corner lot shall be located on the opposite side of the lot running parallel to the primary front yard. The side yard on a corner lot shall be located on the opposite side of the lot running parallel to the secondary front yard. In the case where a building lot is fronted by three streets, a front yard shall be provided at each street front and a rear yard shall be provided located on the opposite side of the lot running parallel to the primary front yard. See Figure 210-3-1.[1]
A framed structure with a walkable surface, open to the air and not roofed. A deck extending less than 18 inches above established grade outside of areas mapped within the floodplain by FEMA FIRM maps and/or above adjusted grade in areas mapped within the floodplain by FEMA FIRM maps is not considered as lot coverage or regulated by yard setback requirements unless specifically noted otherwise in this chapter. Decks extending more than 18 inches above established grade outside of areas mapped within the floodplain by FEMA FIRM maps and/or above adjusted grade in areas mapped within the floodplain by FEMA FIRM maps are considered to be accessory structures or if attached to, or directly adjacent, having less than four feet of separation from the primary building on the lot, they are considered to be a part of the primary building.
The base flood elevation plus the freeboard requirement.
[Added 10-21-2024 by L.L. No. 1-2024]
A building designed or used exclusively as the living quarters for one or more families.
A stair and platform rising from grade to allow access into a building. An entry stair/stoop may be made of wood, metal, masonry and/or concrete and shall not be considered as a portion of the lot coverage of the building. Entry stairs/stoops of less than 150 square feet in area may project into required front, side and rear yards.
Average level of the crown of the road(s) fronting the building as measured from a projection of the property lines intersecting the crown of the road. On corner lots, the elevation at the intersecting crowns of the roads shall also be included in the average. All elevations must be certified by a New-York-State-licensed surveyor. The Superintendent of Buildings, within his/her discretion, shall have the authority to waive the requirement of such survey.
One or more persons, whether or not related by blood, marriage or adoption, all living together as a single, stable and bona fide housekeeping unit, so long as such persons together occupy and own, lease or rent the whole of a separate building or separate dwelling unit in a family-like living arrangement as the functional and factual equivalent of a natural family and use all rooms and housekeeping facilities in common.
Any such number of persons shall not be deemed to constitute a family if any one of such persons may not have lawful access to all parts of said separate building or separate dwelling unit or if any one or more of such persons lease or rent any separate portion of said separate building or separate dwelling unit from any other person.
In the event that the Superintendent of Buildings, an Inspector or any other person acting on behalf of the Building Department or otherwise duly authorized by the Mayor and/or the Village Board shall find that any two or more of the following features exist at the subject premises, then it shall be presumed that more than one family is in occupancy thereof: more than one mailbox, mail slot or post office address; more than one doorbell or doorway on the same side of the separate building or separate dwelling unit; more than one electric meter and/or gas meter; more than one connecting line for cable TV; separate entrances for segregated portions of the separate building or separate dwelling unit; partitioned internal doors barring access between segregated portions of the premises, including bedrooms; separate oral or written leases or rental agreements or the payment of rent for portions of such separate building or separate dwelling unit among its owner and residents; and/or two or more kitchens (each containing a range or oven, refrigerator and sink), unless it is otherwise proven by evidence presented to such Superintendent or Inspector or designated person by such owner or resident that such occupancy is by a family as deemed herein. This presumption shall be rebuttable, but shall not preclude such Superintendent of the Building Department, Inspector and/or designated person from making a determination that such separate building or separate dwelling unit is not occupied by such a family, based upon other, whether or not hereinabove listed and/or contained.
The primary determination as to the application of this definition of a family, for purposes of compliance with any provisions of this Zoning Ordinance and/or any building codes, shall be made by said Superintendent of the Building Department, Inspector and/or designated person, based upon his or her inspection of the premises, as well as any information he or she may receive from the residents thereof, any other persons and/or any other written or documentary evidence as to the condition of the premises and/or the relationships and living arrangements of the residents.
Federal Emergency Management Agency.
Any assemblage of materials, man-made or natural, which produces a visual or physical impediment erected along a line and extending more than two feet above established grade outside of areas mapped within the floodplain by FEMA FIRM maps or extending more than one foot above adjusted grade in areas mapped within the floodplain by FEMA FIRM maps, intended to prevent physical movement or visibility between two exterior spaces.
Measured from established grade in areas mapped outside the floodplain by FEMA FIRM maps or adjusted grade in areas mapped within the floodplain by FEMA FIRM maps, to the top of the top rail, top of the highest picket or to the top of the highest portion of the fence, excluding posts spaced not closer than five feet on center on average. Posts having a maximum dimension of six inches in depth and/or width, and spaced no closer than five feet on center on average, may exceed the height limitations imposed on fences and enclosures herein by no more than eight inches.
A fence constructed so that its opaque members, such as, but not limited to, posts, rails, balusters, pickets and other solid portions, constitute 50% or more of the area of the fence.
A fence constructed so that its opaque members, such as posts, rails, balusters, pickets and other solid portions, do not constitute more than 50% of the area of the fence.
An area of land, including structures thereon, which is used or designed to be used primarily for the supply of oil and gasoline, or oil or other volatile fuel for the propulsion of motor vehicles or boats, delivered directly to the motor vehicles or boats in which it is used; other facilities provided or available may include polishing, greasing, washing, spraying and otherwise cleaning or servicing such motor vehicles or boats, but in no event providing for major repairs.
Maps issued by FEMA indicating areas within the one-hundred-year and five-hundred-year floodplains.
An additional amount of height above the base flood elevation used as a factor of safety in determining the level at which a structure's lowest floor must be elevated or floodproofed to be in accordance with state or community floodplain management regulations. The freeboard requirement for the Village is four feet or two feet above the State of New York freeboard requirement, whichever is greater.
[Added 10-21-2024 by L.L. No. 1-2024]
The floor area of a building divided by the area of the lot upon which the building is situated. Example: A lot with an area of 5,000 square feet and a FAR of 50% may have a maximum constructed floor area of 2,500 square feet = (FAR of .5) x (lot area of 5,000 square feet). For the purpose of determining compliance with FAR, floor area shall be defined to include all spaces used for sleeping, living, eating and cooking, closets, hallways, bath and toilet rooms, utility/mechanical spaces, attached garage space and all other spaces not specifically excluded below. Dimensions used for calculating area shall be measured from the exterior face of exterior wall sheathing or masonry to the exterior face of exterior wall sheathing or masonry. Area of spaces to be excluded when determining compliance with FAR: breezeway, unenclosed porch, basement, cellar, and attic spaces meeting one of the following criteria:
Having a height of less than seven feet from floor to underside of structural plane above, excluding low beams or trusses spaced four feet or greater on center.
The space is not heated.
Has insufficient means of egress and/or emergency escape and rescue openings as determined by the Residential Code of New York State for habitable rooms.
Has insufficient light or ventilation or area as determined by the New York State Building Code pertaining to habitable rooms.
A completely enclosed garage area.
A garage which shares a common wall and/or ceiling/floor structure or a portion thereof with the residence it serves.
A garage located so that all portions of the garage are a minimum of four feet away from the residence it serves with an exception for roof eaves and/or cornices which extend a maximum of two feet. A detached garage may be connected to the residence it serves by an unheated enclosed structure and/or roof meeting the definition of "breezeway."
A completely enclosed building used for storing, keeping or parking of not more than three automobiles for private use.
Any garage other than a private garage, available to the public, operated for gain and which is used for the storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
All places where the public assembles, whether or not an admission fee is charged.
A building or series of buildings containing 15 or more sleeping rooms or suites, each with sanitary accommodations but without any kitchen or cooking facilities therein, arranged or designed to be rented or hired out to be occupied, or which are occupied, for sleeping purposes, for compensation, for no more than 15 calendar days, whether the compensation be paid directly or indirectly, with public rooms and restaurants as permitted accessory uses. This definition, including the limitations and restrictions contained in Article XX, shall be applicable to hotels, motels and boatels in all districts where permitted, notwithstanding any greater or lesser restrictions hereinafter imposed and otherwise applicable in the particular district, except for the requirements of § 210-180, which shall remain effective.
[Amended 1-27-2020 by L.L. No. 1-2020]
Unenclosed structures used solely for the containment or support of landscape plantings. Planters extending less than two feet above established grade in areas mapped outside the floodplain by FEMA FIRM maps, or not extending above adjusted grade in areas mapped within the floodplain by FEMA FIRM maps, and arbors of less than 100 square feet aggregate area per lot are not considered in lot coverage calculations and may be located in required front, side and rear yards. Arbors may not exceed heights permitted for fences within 10 feet of a property line or within 20 feet of a canal or navigable body of water.
The dividing line between a street and an abutting lot.
Connotes a mean horizontal distance between the front and rear lot lines measured in the general direction of its side lot lines.
A portion of land considered as a unit or occupied by a building or a group of buildings which are united by a common interest or use and the customary accessories and open spaces belonging to the same, provided that said portion of land is not dissected by a street, dedicated or not, a public or private way or by any easement over which the public has a right of passage. In the case of a waterfront property for the purpose of calculating buildable area, only the portion of terrestrial land between the streetline and the bulkhead line may be considered for a primary or secondary building.
[Amended 10-21-2024 by L.L. No. 1-2024]
Includes all vehicles propelled by any power other than muscular power.
As defined by § 398-b of the Vehicle and Traffic Law of the State of New York, commonly referred to as the definition section of the Motor Vehicle Repair Shop Registration Act.
North American Vertical Datum of 1988 Plane. Elevation datum currently used by FEMA and the Incorporated Village of Freeport for the determination of flood elevations, FIRM Maps, and mean high tide.
[Added 10-21-2024 by L.L. No. 1-2024]
National Geodetic Vertical Datum of 1929. A benchmark elevation survey used by FEMA to quantify base flood elevations, FIRM maps and mean high tide.
A structure, building or land lawfully occupied by a use that does not conform to regulations of the district in which it is situated.
"Public notice" or "due notice" of a hearing means notice of the time and place thereof, printed in the official newspaper of the Village in conformity with the law relative to public hearings and official notice.
See "used, occupied."
There shall be a rebuttable presumption of fact that any person residing or living in any dwelling for a period of time in excess of 30 consecutive days shall be, for the purposes of this chapter, domiciled in the same dwelling, irrespective of whether or not moneys, compensation or services are paid or transferred in consideration for the space so occupied. In any trial or proceeding based upon an alleged overoccupancy or illegal use due to an unauthorized occupancy or other code violation, once the prosecution has established that such person or persons have resided or lived in the subject premises for a continuous period of more than 30 days, this rebuttable presumption shall arise and shall be deemed to exist continuously. It shall be further presumed that such persons residing in the same household are not members of the same family within the meaning of "family" as defined in this section. These presumptions shall only be rebutted by substantial probative evidence to the contrary.
The area required for parking one automobile, which in this chapter is deemed to be an accessible area of not less than nine feet wide and 20 feet long, not including passageway.
A one-story roofed structure attached to a residence where 75% of the vertical planes extending from the top of the porch floor to the underside of the porch roof separating the area of the porch from exterior open space (yard) are open and unobstructed. Railings which are 50% open and not more than 42 inches in height above the porch floor, decorative latticework which is more than 75% open and insect screening shall not be considered obstructions diminishing the percentage of openness. For yard setback purposes, an unenclosed porch is considered part of the principal building.
A line at which two roof planes meet, forming the highest point of those two planes. In the case where more than two roof planes meet, the highest point of intersection of those planes shall be considered the ridgeline.
The starting (lowest) elevation for a sky exposure plane at the property lines shall be as follows:
A virtual sloping plane starting from the front, rear and side property lines at a specified height (SEP base height), rising inward over the zoning lot at a ratio of vertical distance to horizontal distance. The sky exposure plane may not be penetrated by the buildings on the lot except for the following permitted penetrations: chimneys, electric and communications service masts and cables, plumbing vents, antennas and satellite dishes, and cupolas and/or dormers deemed aesthetic enhancements to the building by the Planning Board where such dormers and/or cupolas do not exceed 10 feet in any horizontal dimension or 150 square feet in aggregate floor area.
[Amended 10-21-2024 by L.L. No. 1-2024]
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between any floor and the ceiling next above it.
A space above a story below and where the main eaves of the building are below mid-height of said half story.
A public or private vehicular thoroughfare which affords the principal means of access to abutting property.
A combination of materials, other than a building, to form a construction that is safe and stable and includes, among other things, stadiums, tents, trailers, lunch wagons, whether movable or stationary, reviewing stands, pools, outdoor fireplaces, platforms, sheds, radio towers, exterior bins, fuel pumps, docks, boathouses, bulkheads, slips, fuel storage tanks above or below ground, walls or fences over four feet in height and display signs; the word "structure" shall be construed as though followed by the words "or part thereof."
A lot which fronts on two streets running roughly parallel to each other. The lot will have two primary front yards, no rear yard and two side yards running perpendicular to the streets. In the case where a lot is fronted by four or more streets, it shall have a primary front yard on each street.
As applied to the utilization of property, shall comprehend the lawful purposes for which lands may be employed and buildings or structures designed, adapted, arranged, erected or structurally altered.
As applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."
An open space unobstructed from the finished grade level to the sky on the same lot as a main building, extending the full width of a lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of a front yard shall be measured between the front line of the building and the street line.
An open space unobstructed from the finished grade level to the sky on the same lot as a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of a rear yard shall be measured between the rear line of the lot and the building.
An open space unobstructed from the finished grade level to the sky on the same lot as a main building, situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required, the front boundary of the side yard shall be the front line of the lot and, if no rear yard is required, the rear boundary of the side yard shall be the rear line of the lot.
[1]
Editor's Note: Figure 210-3-1 is on file in the Village offices.
§ 210-4 Establishment of districts; Zoning Map.
[Amended 5-15-1972; 7-24-1972]
A.
Types of districts. To promote the public health, safety, morals and general welfare of the community, the Village is hereby divided into the following types of districts:
[Amended 8-29-1977 by L.L. No. 14-1977]
Residence AA District |
Residence A District |
Residence Apartment District |
Business AA District |
Business A District |
Business B District |
Service Business SB District |
Marine Residence District |
Marine Apartment-Boatel Condominium and Cooperative District [Added 9-17-1979 by L.L. No. 12-1979; amended 10-21-2024 by L.L. No. 1-2024] |
Marine Business District |
Marine Commerce District [Added 11-24-1986 by L.L. No. 20-1986] |
Marine Industries District |
Manufacturing District |
Industrial District |
Industrial B District |
Planned Unit Development District – Medium Density, Primary Area, Secondary Area |
Historical Preservation District |
Artist/Professional Live/Work Overlay District |
Golden Age Zone |
Gasoline Service Station Overlay District |
B.
Shown on map. Said districts are bounded and defined as shown on a map entitled "Zoning Map of the Village of Freeport," adopted as amended on November 3, 1952, and certified by the Village Clerk, and the subsequent revisions thereof, which accompanies and which, with all explanatory matter thereon, is hereby made a part of this chapter[1] as though all the lines, matters and other things depicted thereon were all fully described herein.
[1]
Editor's Note: The Zoning Map is on file in the Village offices.
§ 210-5 Rules regarding district boundaries.
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:
A.
Center lines of streets, etc. Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or highway right-of-way lines, such center lines, street lines or highway right-of-way lines shall be construed to be such boundaries.
B.
Lines of lots. Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries.
C.
Line not specifically indicated. Where a boundary line does not follow such a location and is not specifically indicated on the Building Zone Map, it shall be considered 100 feet back from and parallel to the nearest street line.
D.
Lines parallel to center lines. Where district boundaries are so indicated that they are approximately parallel to the center line or street lines of streets, or the center lines or the right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale shown on the Zoning Map.
E.
Property not specifically zoned. Any property in the Village not specifically zoned shall be considered to be zoned Residence AA until changed by action of the Board of Trustees.
F.
Railroad lines. Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of said railroad line.
G.
Streams, lakes, etc. Where the boundary of a district follows a stream, lake or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the Village, unless otherwise indicated.
H.
Lines within block. Where a Business B, Manufacturing or Industrial District area and a greater restricted area are indicated within a block, the boundary of the lesser restricted district area shall be considered the rear lot line of the properties affected.
§ 210-6 Conformity required.
A.
No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located.
B.
No building shall hereafter be erected or altered:
(1)
To exceed the height, or
(2)
To accommodate or house a greater number of families, or
(3)
To occupy a greater percentage of lot area, or
(4)
To have narrower or smaller rear yards, front yards or side yards, or
(5)
To have smaller percentage of floor area per family, than is specified herein for the district in which such building is located.
C.
No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a yard or other open space similarly required for any other building.
D.
No required front yard shall be used for the open-air parking or storage of motor vehicles in any residence, apartment or business districts, except that this prohibition shall not apply to the driveway of a residence.
E.
No building or structure shall be erected in a front yard.
F.
Where the rear or side line of any lot in a residential area abuts any waterway, no building shall be erected within 20 feet of the property line, except that in the case of a lot with a depth or width of less than 100 feet, the depth or width of such rear or side yard shall not be less than 20% of such dimensions or area.
G.
The spaces of all front, side and rear yards shall be open and unobstructed except:
(1)
For the ordinary projection of windowsills, belt courses and other architectural and ornamental features to a distance of not more than six inches.
(2)
For the projection of main cornices for a distance of not more than two feet.
(3)
For the projection of chimneys for a distance of not more than two feet into the yard area, in length not exceeding 10 feet.
§ 210-7 Petition for amendment; fees.
A.
Application. Any owner of property desiring an amendment to this chapter changing the scope in area of any district herein created shall proceed by filing with the Board his petition, together with two copies of the Land and Tax Map of Nassau County of the area sought to be rezoned, certified by the County Clerk of Nassau County, not later than 10 days prior to the time of the filing of the petition. Upon receipt of any such petition, the Village Clerk shall immediately transmit the same to the Planning Board with the request for a report to the Board of Trustees upon the proposed change and for a statement by the Planning Board as to whether it approves or disapproves of the proposed change and its recommendations.
B.
The Board of Trustees by resolution shall adopt and from time to time may amend a schedule of fees payable by an applicant for a rezoning.
[Amended 2-26-1990 by L.L No. 40-1990]
§ 210-8 Enforcement.
This chapter shall be enforced by the Superintendent of Buildings.
§ 210-9 Penalties for offenses.
[Amended 10-3-1977 by L.L. No. 17-1977; 4-29-1991 by L.L. No. 1-1991; amended 10-21-2024 by L.L. No. 1-2024]
For every violation of the provisions of this chapter or any section or provision thereof, or of any condition or regulation imposed by the Board of Appeals in granting a permit or variance, the owner, agent, contractor or agent of the contractor of a building premises where such violation has been committed or shall exist and the owner, agent, contractor or agent of the contractor, lessee or tenant of any part of a building or premises on which such violation has been committed or shall exist and the agent, architect, builder, contractor or agent of the contractor or any person who commits, takes part or assists in such violation or who maintains any building or premises in which such violation shall exist shall, upon conviction, be subject to a fine in an amount not to exceed $4,000, imprisonment for not more than 15 days, or both such fine and imprisonment. Each and every day (twenty-four-hour period) that such violation continues shall constitute a separate violation.[1]
[1]
Editor's Note: Former §§ 210-9.1 through 210-9.5 of the 1979 Code, various moratoria, added by 11-21-1995 by L.L. No. 5-1995, 1-22-2007 by L.L. No. 1-2007, 6-4-2007 by L.L. No. 3-2007, 12-15-2008 by L.L. No. 5-2008, 9-25-2017 by L.L. No. 1-2017, respectively, amended 10-30-2017 by L.L. No. 2-2017, which immediately followed this section, were repealed due to expiration 10-21-2024 by L.L. No. 1-2024.