Freeport City Zoning Code
ARTICLE XIII
Marine Industries Districts
§ 210-115 Scope.
The following regulations shall apply in all Marine Industries Districts.
§ 210-116 Permitted uses.
[Amended 10-20-1975 by L.L. No. 9-1975]
A building may be used, erected or altered and a lot may be used for any of the following purposes and no other:
A.
Offices, clubs, hotels, motels and boatels, as defined in § 210-3, anything hereinafter contained to the contrary notwithstanding; the sale and display of new or used boats, marine supplies, the sale of engines, parts, marine electronic equipment, fishing supplies and sporting equipment for use with or in conjunction with boats.
D.
The manufacture, construction, repair and maintenance of boats in and out of water.
E.
The assembly of marine-related equipment and the repair of boating engines and their accessories and electrical equipment, including machine shops predominantly devoted to marine equipment, and incidental light manufacturing related to such activities, provided that all such activities are conducted in enclosed buildings.
[Amended 11-10-1986 by L.L. No. 12-1986]
F.
The sale of fish and shellfish either at retail or wholesale, the refrigerated storage of fish and the conducting of commercial fishing, including the docking, loading and unloading of fishing boats.
G.
The storage of equipment for boats and the fishing industry in open lots.
H.
Restaurants, bars and grills and assembly halls.
I.
The sale of food.
J.
The rental of docking space, lockers, dressing rooms and rest rooms as an accessory use to the rental of dock space and the renting of facilities for either private charter or open party.
K.
Residential use.
(1)
Residential use limited. One apartment may be erected or maintained in connection with any commercial or mercantile building, for the sole use and occupancy of the caretaker or the proprietor of the establishment. Such apartment shall have a minimum of 600 square feet of residential floor area and shall comply with all Village ordinances.
(2)
Existing residence deemed conforming. Any residence building existing at the time of the adoption of this chapter shall be deemed a conforming use. It may thereafter be repaired, maintained or replaced if destroyed; provided, however, that such residence shall not be enlarged nor, except as a residence, may it or the premises upon which it is situated be used for any purpose other than such as is permitted hereunder.
L.
All business, manufacturing and industrial uses heretofore in effect on the date of the adoption of this section shall be permitted in existing structures, and the structures housing such uses may be maintained, repaired, altered and extended within the property lines as now constituted and for such manufacturing and industrial uses. However, if such structure has deteriorated or been damaged beyond 75% of its replacement value, such building may not be repaired or rebuilt without conforming to the uses designated as permitted herein.
M.
Upon the grant of a special use permit pursuant to Chapter 215, Special Use Permits, of the Code of the Village of Freeport, and provided that the use will not displace a water-dependent use, all businesses engaged in high technology, products, employee training and conference/seminar centers which are technology based and growth oriented such as:
[Added 11-8-1999 by L.L. No. 14-1999]
§ 210-117 Prohibited uses.
The following uses are prohibited:
A.
Any use which may be obnoxious or offensive by reason of the emission of odor, gas, smoke or dust, or because of its nature, such as refuse or garbage, or because of noise or other reason inimical to the comfort, welfare, peace, health or safety of the community, or that tends to create a public disturbance or annoyance.
B.
Any use not specifically permitted shall be prohibited.
D.
Shooting galleries, penny or picture arcades wherein coin-operated machines such as pool tables, pong machines, pinball machines or other similar coin-operated and amusement game machines are maintained, except that the above-described machines may be permitted in any established business as permitted in the district as follows: Each store or location with a square footage of 10,000 square feet or less shall be permitted two amusement devices, and one additional amusement device shall be allowed for each additional 10,000 square feet of store space. Notwithstanding the foregoing, liquor-dispensing establishments licensed by the New York State Liquor Authority shall be permitted one amusement device for each 500 square feet of store space.
[Added 6-27-1977 by L.L. No. 12-1977; amended 4-28-1980 by L.L. No. 4-1980; 8-11-1980 by L.L. No. 14-1980]
§ 210-118 Building height.
[Amended 11-10-1986 by L.L. No. 13-1986]
No building or structure shall exceed 40 feet in height or have more than three stories, except that such height restrictions shall not apply to a flagpole, a water tank, an elevator or stair bulkhead, an antenna for radio or television purposes or a crane or derrick used for marine purposes. Height shall be measured from the average level of the street curb grade to the highest point of the building.
§ 210-119 Required yards.
Every structure shall be so situated on its lot as to provide front and rear yards of not less than five feet in width and one side yard not less than 10 feet in width, except where such lot has a width of 40 feet or less, in which case no side yard is required, and except along streets where greater setbacks have been established. No rear yard shall be required where the rear yard of the lot abuts on a canal or waterway and the said lot has a depth of less than 60 feet.
§ 210-120 Plots abutting more restricted districts.
For all nonresidential uses of plots that abut directly on a Residence Apartment District or more highly restricted district, there shall be provided a yard of at least 10 feet in depth along the line where it abuts on such more highly restricted district. Such yard shall not be used for vehicular access, vehicle storage or parking and shall remain open, unobstructed and unencumbered.
§ 210-121 Vehicular access for loading and unloading.
Every nonresidential building hereinafter erected on a lot whose area is in excess of 5,000 square feet shall provide a means of vehicular access to the rear or side or into the building for loading and unloading purposes.
§ 210-122 Parking for customers and employees.
[Amended 11-9-1981 by L.L. No. 20-1981]
Parking space shall be provided as set forth in § 210-172.
§ 210-123 Bulkheads for certain plots.
[Amended 10-5-1970]
A.
No plot fronting on navigable water shall be used for any dwelling or business purposes, nor shall a permit be issued for the erection, addition, alteration or improvement of any structure until an approved bulkhead has been erected for the full width of the plot. All bulkheads erected under the foregoing provisions shall be maintained and kept in good state of repair at all times.
B.
In case of legal or justified hardship due to weather conditions or otherwise, the superintendent of buildings shall have the power to accept a performance bond, of the type approved by the Village Counsel and in the amount set by him, or a cash bond in the amount set by him, for the installation of the approved bulkhead within a reasonable period of time not to exceed six months in any case.
§ 210-124 Sanitation requirements.
No business shall be conducted with the public on any plot or within any structure unless there shall have been provided legal refuse and garbage receptacles and adequate toilet and washing facilities for the use of the customers.