Freeport City Zoning Code
ARTICLE XVIII
General Supplementary Regulations
§ 210-166 Scope.
Application of the provisions of this chapter shall be subject to exceptions, additions and modifications as provided by the following supplementary regulations.
§ 210-167 Paved terraces on side yards.
Paved terraces on side yards shall not be considered in the determination of lot sizes or lot coverage; provided, however, that such terraces are not roofed or are such as have no walls, parapets or other form of enclosure; and provided further that the construction thereof is not above the finished grade elevation.
§ 210-168 Lot area.
A.
Rear yard. Any lot in a Residence AA or Residence A District which is less than 100 feet in depth on the effective date hereof is subject to the following rule: The rear yard of every such lot may be decreased by one-fourth (1\4) of the distance that the depth of the lot is less than 100 feet; provided, however, that no rear yard shall be less than 15 feet in depth.
B.
Transition. Any lot in a Residence AA or Residence A District, separately owned at the time of the adoption of this chapter (that is, not at that time part of a larger parcel under the same ownership), whose area is less than that specified for such purpose, may be used for the erection of a dwelling if the area of the plot is at least 75% of the area required for such purpose in such a district.
§ 210-169 Garage entrances and exits.
No public or private garage with a capacity for the storage of more than five motor vehicles shall have a motor vehicle entrance or exit within 15 feet of any residence district.
§ 210-170 Corner clearance.
[Amended 4-29-1968; 10-21-2024 by L.L. No. 1-2024]
On corner lots in any Residence AA, Residence A or Residence Apartment District, no hedge or other structure or plant, other than shade trees, more than three feet in height above established grade, shall be erected, placed or maintained within a triangular area formed by the intersecting street lines and a straight line joining the street lines at points 20 feet distant from the point of intersection and measured along the street lines.
§ 210-171 Fences and enclosures.
[Amended 4-29-1968; 10-30-1972; 5-12-2008 by L.L. No. 2-2008]
A.
The following types of fencing and enclosures are hereby prohibited:
(1)
Razor wire or barbed wire or similar products except in industrial districts for security purposes.
B.
Fence and enclosure materials may consist of wood, metal, plastic and glass.
C.
Bulkheads and retaining walls in areas mapped within the floodplain, as determined by FEMA and indicated on FIRM maps, used to raise the grade of a lot to prevent flooding shall be permitted in front, rear and side yards and shall not be considered as fences under this article so long as their height does not exceed the base flood elevation as determined by FEMA and indicated on FIRM maps; such bulkheads and retaining walls shall be able to be approved by the Superintendent of Buildings without the consideration of the Planning Board. Retaining walls may be constructed of timber, concrete and/or masonry.
[Amended 10-21-2024 by L.L. No. 1-2024]
D.
Fences in Residence A, Residence AA, Residence Apartment, Marine Residence, Marine Apartment-Boatel, Condominium and Cooperative Districts which meet the following criteria and subject to the approval of the Planning Board, where applicable, and without the consideration of the Freeport Zoning Board of Appeals, may be approved:
[Amended 10-21-2024 by L.L. No. 1-2024]
(1)
In primary front yards, an open fence not to exceed four feet in height. Such fences may be constructed of wood, plastic or metal.
(2)
In the secondary front yard of a corner lot, an open or closed fence not to exceed six feet in height will be permitted. All fences in secondary front yards exceeding four feet in height shall be limited to half of the depth of the secondary front yard measured from the closest footprint of the structure to the property line abutting the sidewalk. Any fence closer to the sidewalk in a secondary front yard, including part of a rear fence, must be of an open design and of a height not exceeding four feet. Such fences may be constructed of wood, metal or plastic.
[Amended 10-30-2023 by L.L. No. 4-2023]
(3)
In required side yards and rear yards, an open or closed fence not to exceed six feet in height. For lots which abut on canals or navigable bodies of water, such fences in rear yards within 20 feet of the bulkhead or, if no bulkhead exists, within 20 feet of the rear property line must be of open design not exceeding four feet in height. Such fences may be constructed of wood, metal, plastic or glass.
E.
Fences in all districts other than Residence A, Residence AA, Residence Apartment, Marine Residence, Marine Apartment-Boatel, Condominium and Cooperative Districts:
F.
Nothing in this § 210-171 shall supersede requirements made elsewhere in this chapter for landscaping, buffer screens and/or buffer areas between different adjoining zoning districts unless it has been determined by the Planning Board that such landscaping, buffer screens and/or buffer areas are not in keeping with the character of the neighborhood, in which case the requirements of this § 210-171 may be applied.
[Amended 10-21-2024 by L.L. No. 1-2024]
§ 210-172 Required parking spaces.
[Amended 11-28-1966; 5-22-1967; 12-30-1968; 12-10-1973; 8-29-1977 by L.L. No. 14-1977; 4-28-1980 by L.L. No. 3-1980; 11-9-1981 by L.L. No. 23-1981]
A.
The following number of parking spaces shall be provided and satisfactorily maintained for each building, lot or combination thereof which is hereafter lawfully erected, enlarged, altered, maintained and/or used for any of the following purposes: [Amended 11-23-1992 by L.L. No. 9-1992]
(1)
Single-family dwellings: at least two off-street parking spaces per single-family dwelling unit. The parking area provided may be installed in a side yard.
(2)
Apartment houses and multifamily residences.
(a)
Apartment houses and multifamily residences: parking spaces accessible to all tenants shall be provided on the premises in accordance with the following schedule:
Type of Residence | Number of Spaces (per Dwelling Unit) |
|---|---|
Efficiency | 1.0 |
One-bedroom | 1.5 |
Two or more bedrooms | 2.0 |
(b)
The portion of the parking area which abuts on a public street and/or adjacent property shall be protected by a chain link fence or fence of a similar permanent quality as may be approved by the Superintendent of Buildings, having a covering of English ivy or vines similar in nature.
(c)
Said garage, garage spaces, carports and parking areas shall be reserved exclusively for the use of the tenants of each apartment house and their visitors. There shall be no separate charge to the tenants for the parking spaces. Any costs, fees and rents for said spaces shall be included in the rent paid for each apartment or dwelling unit.
(3)
Places of public assembly, including churches, temples and religious auditoriums, but excluding restaurants, discotheques, cabarets and bars: at least one parking space for each three seats provided, based on maximum seating capacity.
(4)
Restaurants, discotheques, cabarets and bars: at least one parking space for each three authorized occupants.
(5)
Hotels, motels and boatels: at least one parking space per rentable room plus one parking space for each two employees.
(6)
Marinas: at least one parking space for each boat slip.
(8)
Funeral parlors: at least 12 parking spaces.
(9)
Industrial and manufacturing establishments: at least one parking space for every four workers or for every 400 square feet of floor area, whichever requires the greatest number of spaces. The provisions of this subsection shall not apply to Industrial B District.
(10)
Industrial and manufacturing establishments located in Industrial B District: at least one parking space for every 1,000 square feet of floor area.
(11)
Charter boats.[1]
[Amended 10-27-1997 by L.L. No. 10-1997; 4-21-1999 by L.L. No. 1-1999]
(a)
"Charter boats" shall mean any watercraft capable of being used as a means of transportation on or in water, which is available to the public, whether or not for a fee, for rental, private or public parties or entertainment, for fishing trips, whether private or public, for scenic cruises or for cruises with or without a particular destination.
(b)
Charter boats: at least one parking space for every three passengers based on the United States Coast Guard certification.
(c)
In addition to all other parking requirements, all charter boats which have a capacity of one hundred passengers or more, based on the United States Coast Guard certification, shall provide parking for at least two busses, as the term "bus" is defined in § 104 of the Vehicle and Traffic Law.
(d)
All bus parking spaces shall be located on the property as approved by the Superintendent of Buildings considering such factors as proximity to other zoning districts, other uses and traffic flow, both internal and external to the property, and the Planning Board acting under authority pursuant to Chapter 209, Site Plan Review, of the Code of the Incorporated Village of Freeport, New York. The Superintendent of Buildings and the Planning Board may approve the use of stack parking for busses, if appropriate, given the lot configuration.
(12)
All nonresidential buildings in any zoning district except as otherwise required in this section: at least one parking space for each 400 square feet of the floor area of the building or structure plus parking space for two cars for each individual store, shop or business in the building or structure.
§ 210-173 Townhouse apartment developments. [1]
[Added 9-23-2002 by L.L. No. 8-2002]
A.
Applicability. The provisions of this section shall be applied in Residence Apartment Districts and Marine Apartment-Boatel, Condominium and Cooperative Districts.
B. TOWNHOUSE APARTMENT DEVELOPMENT TOWNHOUSE APARTMENT
Definitions. As used in this section, the following terms shall have the meanings indicated:
Multiple townhouse apartment buildings constructed on a single lot or on more than one contiguous lot where said lots are separated only by a public right-of-way.
A residence building arranged, intended or designed to be occupied by two or more families living independently of each other where the independent residences share a common vertical separation wall from grade to the roof. Each residence shall have an independent entry from grade. No portion of any residence shall be situated above or below any portion of any other residence other than common utility service rooms for mechanical equipment, or parking areas, which may be located in basement, cellar, or attic spaces.
C.
Lot area. No townhouse apartment development shall be erected or constructed on any lot whose aggregate lot area is less than 43,560. The lots may be contiguous lots where said lots are separated by a street public right-of-way.
D.
Building height.
(1)
No townhouse, apartment, building shall be erected to a height of more than 35 feet nor shall it have more than three stories. On lots where the average grade is lower than 10 feet above mean sea level as established by NGVD 1929, and the lowest level of the structure has a floor elevation less than 10 feet above mean sea level, and said lowest level is used solely for entry to the building and/or parking noncommercial vehicles, said lowest level shall not be counted as a story.
(2)
Measurement of building height. Building height shall be defined as the vertical distance measured, in the case of flat roofs, from the average level of the lawfully established grade of the street curb, or ten feet above mean sea level as established by NGVD 1929 (the higher of the two), to the level of the highest point of the parapet walls. In the case of pitched roofs with a slope equal to or less than five units of rise to 12 horizontal units, from said average curb level or 10 feet above mean sea level to the highest point of the building. In the case of pitched roofs with a slope greater than five units of rise to 12 horizontal units, from said average curb level or 10 feet above mean sea level to a point midway between the highest point of the building and the highest point of the highest floor of the building.
E.
Lot coverage. The combined aggregate lot coverage of townhouse apartment buildings on a lot shall not occupy more than 40% of the area of the lot, including accessory buildings or structures. Multiple townhouse apartment buildings may be permitted on a single lot. No individual townhouse apartment building shall exceed 4,000 square feet of lot coverage.
F.
Open space. Out-of-doors and uncovered, shall be provided at the ratio of at least one square foot of open space to each two square feet of residential floor area, which excludes the basement, cellar, or enclosed areas. Accessible attic space shall be included as residential floor space.
G.
Open recreation space. Open recreation space, out-of-doors, shall be provided on the basis of 1/6 of the open space requirement in an area other than the front yard. No portion of the open recreation space shall be less than 400 square feet or include parking areas. This requirement is part of the open space requirement. Open recreation space may use a portion of the open space required by Subsection F above.
H.
Minimum floor area. There shall be a minimum floor area of 1200 square feet per apartment unit in townhouse apartment buildings.
I.
Required yards.
(1)
Front yards. Every building shall have a minimum front yard depth of 10 feet except where a lot abuts Residence A and/or Residence AA Districts, in which case the minimum front yard depth shall be 25 feet.
(2)
Side yards. There shall be a minimum side yard depth of 10 feet.
(3)
Rear yard. There shall be a minimum rear yard depth of 10 feet, except where the rear yard abuts any Residence A or Residence AA Zoning District the minimum rear yard depth shall be 20 feet.
(4)
Through lots and corner lots. All through lots shall have a principal front yard on both streets. On corner lots the depth required for a secondary front yard shall be a minimum of 2/3 the depth required for a principal front yard from the front line as shall be determined by Subsection I(1) above. Lots which can be defined as both a through lot and a corner lot shall meet the requirements for corner lots.
(5)
Yards between buildings on the same lot. No townhouse apartment building shall be situated less than 10 feet from any other townhouse apartment building on the same lot.
J.
Additional requirements. Except as specifically set forth above, townhouse apartment buildings and developments shall conform to the requirements of the zoning district in which they are situated.
§ 210-174 Use of federal lands.
Notwithstanding any of the provisions of this chapter, the Board of Trustees reserves to itself the power, after due notice and public hearing, to permit any land, buildings or structures owned by the United States of America to be used for any purpose whatsoever.
§ 210-175 Yards for through lots and corner lots.
All through lots and corner lots shall have a front yard on both frontages. On corner lots, the depth of each front yard from the side line as well as from the front line shall be determined by the regulations applicable to the district in which such line is located.
§ 210-176 Regulations for garages and service stations.
[Amended 8-11-1978 by L.L. No. 7-1975]
A.
The following regulations shall govern all permits for the construction and use of storage garages, garage repair shops, motor vehicle service stations and motor fuel filling stations:
(3)
Amount of parking space. Parking space shall be provided and the surface thereof maintained with cinders or other approved materials for customers and employees on the basis of one parking space for every 500 square feet of plot area. If there is on the plot a building with at least 7,500 square feet of floor area, then one parking space for every 400 square feet of such floor area shall be provided.
(4)
Vehicle display. An open-air parking lot for the display of five or more vehicles for sale may be operated as an accessory use only upon compliance with the regulations of this article, as provided in § 210-177 hereof.
(5)
Additional requirements. All motor vehicle repair shops, gasoline and diesel fuel filling stations shall be erected, operated and maintained in full compliance with §§ 115-33 through 115-50 of Chapter 115, Fire Prevention, and subject to the following additional regulations:
(a)
All parts, equipment, tools and other materials shall be stored within a building.
(b)
Major repairs shall not be made to any vehicle at a filling station and shall be made indoors at repair shops.
(c)
No trucks or motorless trailers shall be stored or parked outside of a building at such establishments.
(d)
Delivery of fuel at filling station is permissible only directly to the vehicle in which it is to be used or in retail sales not to exceed 10 gallons each for other purposes.
B.
Self-service gasoline stations.
[Amended 8-6-1984 by L.L. No. 6-1984]
(1)
Except as authorized in Subsection B(3) herein, it shall be unlawful to conduct, maintain or operate a self-service gasoline station.
(2)
Except as authorized in Subsection B(3) herein, it shall be unlawful to dispense gasoline, diesel fuel or any other type of motor fuel or fuel additive, or motor oil or antifreeze/engine coolant, into tanks, motor vehicles or other containers at a gasoline station, motor vehicle service station or other public dispensary except by the owner, operator, manager or regularly authorized employee thereof.
(3)
Notwithstanding the prohibitions and restrictions contained in Subsection B(1) and (2) of this section, the owner, operator or manager of every gasoline station or motor vehicle service station is authorized to designate, operate and maintain one island, or a part thereof, for the self-service dispensing of gasoline, diesel fuel or any other type of motor fuel or fuel additive, or motor oil or antifreeze/engine coolant, to and for motor vehicles only.
(4)
Notwithstanding the prohibitions and restrictions contained in Subsection B(1), (2) and (3) of this section, the owner, operator or manager of every gas station or motor vehicle service station may, between the hours of 10:00 p.m. and 6:00 a.m., designate, operate and maintain said gas station exclusively with one self-service island.
[Added 11-25-1985 by L.L No. 6-1985]
(5)
Subject to the provisions of this subsection, self-service gasoline stations or motor vehicle service stations shall be lawful in any Industrial or Industrial B Zoning District, notwithstanding the restrictions and prohibitions contained in Subsection B(1), (2), (3), and (4). Any self-service gasoline station or motor vehicle service station lawful under this subsection shall operate one full-service dispenser which shall dispense all grades of gasoline otherwise available at the gasoline station or motor vehicle service station. Such full-service dispenser shall be located closest to the attendant's booth or office.
[Added 2-11-2002 by L.L. No. 1-2002]
§ 210-177 Sale and repair of vehicles; parking of commercial vehicles.
A.
No vehicles shall be placed, parked or displayed for sale upon an open lot, and no motor vehicle repair shop, motor vehicle service shop, gasoline or diesel fuel filling station shall be erected, operated or maintained, except upon compliance with the following regulations:
(1)
Open lot display. Open lot display is permissible only in conjunction with the operation of a vehicle sales enterprise conducted in an enclosed building and office, equipped with a showroom of sufficient floor area to accommodate at least five average-sized motor vehicles for display.
(3)
Amount of parking space. Parking space shall be provided and the surface thereof maintained with cinders or other approved materials for customers and employees on the basis of one parking space for every 500 square feet of plot area. If there is a building with at least 7,500 square feet of floor area on the plot, then one parking space for every 400 square feet of such floor area shall be provided.
B.
Parking of commercial vehicles.
[Added 9-18-1978 by L.L. No. 18-1978]
(1)
It shall be unlawful to park a commercial vehicle or trailer on private property in any business or commercial zone unless said commercial vehicle or trailer is used in relation to the business or businesses at that location.
(2)
It shall be unlawful to park a commercial vehicle or trailer in an empty lot within the Village of Freeport unless said lot is an improved private parking field pursuant to the Code of Ordinances of the Village of Freeport.
(3)
For the purpose of this subsection, a "commercial vehicle" shall be defined as set forth in § 376-11(b) of the Vehicle and Traffic Law of the State of New York.
(4)
The minimum fine for a violation of this subsection shall be $250.
[Amended 10-21-2024 by L.L. No. 1-2024]
§ 210-178 Internal-combustion engines generating power.
Power generated by internal-combustion engines to operate machines shall not be used in any district unless a permit thereof is granted by the Board of Appeals as hereinafter provided.
§ 210-179 (Reserved) [1]
[1]
Editor's Note: Former § 210-179, Parking fields, amended 6-17-1974, was repealed 4-11-1983 by L.L. No. 5-1983.
§ 210-180 Plots abutting residential districts.
A.
Required. On every plot hereafter to be improved in a lesser restricted district than a Residence Apartment District, which abuts upon any residential district, there shall be provided a yard of at least five feet in depth along the line where such plot abuts on such residential district, and every apartment house erected upon a plot which abuts upon a more highly restricted district than Residence Apartment shall conform to all the provisions hereinabove set forth.
B.
Fences.
(1)
There shall be erected a fence of chain link construction or fence of similar permanent quality as may be approved by the Superintendent of Buildings. Such fence shall be not less than six feet nor more than 10 feet in height and shall extend along the boundary separating the residence zone from the lesser restricted district. This fence shall have a covering of English ivy or vines similar in nature.
C.
Shrubbery. The five-foot area adjacent to the fence in the lesser restricted district shall be planted with slow-growing evergreen shrubs spaced not more than 10 feet apart and grass or adequate ground cover as recommended or approved by the Superintendent of Buildings.
D.
Maintenance. It shall be the duty of the owner of such property to maintain this fence and landscaped area in a neat and orderly fashion and replace any shrubs, vines or ground covering which may die or be removed.
E.
Use restricted. This buffer zone may not be used for vehicular access, parking or as a storage area, but must remain unencumbered.
F.
Authority of Village. If the buffer zone is not properly maintained as herein provided, the Village is hereby empowered to replace dead plant material and maintain the area in a neat and orderly fashion, using its own employees or private contractor, and the charges shall be assessed against the property owner.
G.
Compliance required. No certificate of occupancy will be issued until the aforementioned restrictions are complied with.
§ 210-181 Front yard alignment.
Whenever 50% of a block frontage is improved with buildings, the front yard shall extend to the alignment of the majority of such existing buildings in Residence AA and Residence A Districts.
§ 210-182 Residence property abutting waterways.
In any zoned residence district in which property abuts upon a canal or waterway which is 25 feet or less in width from property line to property line, notwithstanding higher lot area requirements for such zoned residence district, it shall be lawful to reduce a lot area to 4,500 square feet of land above water by dredging or otherwise and erecting a building thereon.
§ 210-183 Garage sales in residence districts.
[Amended 7-31-1972; 1-15-1973; 6-17-1974; 2-26-1990 by L.L. No. 41-1990]
It is unlawful for any person, firm or corporation to conduct what is commonly called a "garage" or "yard" sale within the Residence AA and Residence A Zoning Districts of the Village of Freeport without first obtaining a permit therefor from the Village Clerk. Not more than three permits shall be issued for the location therein specified in any twelve-month period. Said permit shall be valid only for the day or days therein specified, but in no event shall a permit be issued for more than two consecutive days. The application for a permit shall be executed by the owner or bona fide tenant of the premises, who shall certify under oath that the merchandise or items offered for sale shall be the personal property of the owner or bona fide tenant and that no merchandise or items offered for sale shall be specially purchased or acquired for the sale. Each application for a permit shall be approved by the Village Clerk. 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 garage sale permit. Nothing herein contained shall require the payment of any such permit fee by any charitable, religious or nonprofit corporation, association, society or organization.