Freeport City Zoning Code
ARTICLE XXIV
Marine Commerce District
[Added 11-24-1986 by L.L. No. 20-1986]
§ 210-236 Scope.
The following regulations shall apply in all Marine Commerce Districts.
§ 210-237 Permitted uses.
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; and the sale of engines, parts, marine electronic equipment, fishing supplies and sporting equipment for use with or in conjunction with boats.
B.
The storage and dockage of boats both in and out of water; the retail sale of marine fuel and oils, provided that the storage tanks for the same comply with §§ 115-33 through 115-50 of Chapter 115, Fire Prevention; and the sale of bait, ice and cooking fuels.
C.
Assembly of marine-related equipment and incidental light manufacturing related to such activities.
D.
The manufacture, construction, repair and maintenance of boats in and out of water.
E.
The repair of engines and their accessories and electrical equipment, including machine shops, predominantly devoted to marine equipment and conducted in enclosed buildings.
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 residences deemed conforming. Any residence building existing at the time of the adoption of this article 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.
Stores and shops for conducting retail and service businesses, where such uses are of the same general character as other uses permitted herein or are appropriate or complementary to the marine commerce character of the area, including but not limited to gift and souvenir shops, boutiques, hardware, liquor and confectionary stores, delicatessens, ice cream parlors and newspaper stores.
N.
The outside display or sale of merchandise, provided that such display or sale is accessory to a principal use on the premises, and further provided that such outdoor display or sale is not situated on the public right-of-way and does not impede pedestrian or vehicular traffic or parking. Such outdoor display or storage shall be of a temporary and portable nature.
O.
The outside storage of boats for display or sale to the general public, provided that such storage is an accessory use to a business dealing in new or used boats within a totally enclosed building.
P.
Any other use which, in the opinion of the Zoning Board of Appeals, are of the same general character as or are similar to the uses specifically permitted herein, upon application to the Zoning Board of Appeals as provided in Article II.
§ 210-238 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.
C.
Anything herein to the contrary notwithstanding, all uses prohibited under §§ 210-127 and 210-138 are hereby expressly prohibited.
D.
Shooting galleries and 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.
§ 210-239 Building height.
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.
§ 210-240 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 of 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 said lot has a depth of less than 60 feet.
§ 210-241 Plots abutting or directly across a street from single-family residence districts.
For all nonresidential uses of plots that abut or are directly across a street from a Residence A District or a more highly restricted district, there shall be provided a buffer area of at least 20 feet in depth along the line where said nonresidential use abuts or is directly across a street from a Residence A or a more highly restricted district. Said buffer area shall not be used for buildings, loading, storage or other accessory uses, except that said buffer may be used for the storage of boats on grade only and off-street parking lots. Except when used for on-grade boat storage or parking, said buffer area shall be landscaped. In addition, an evergreen planting strip or suitably designed fence shall be provided along the property line abutting or directly across from the single-family residence district to further buffer the area from residential uses.
§ 210-242 Vehicular access for loading and unloading.
Every nonresidential building hereinafter erected shall provide a means of vehicular access to the rear or side or into the building for loading and unloading purposes.
§ 210-243 Parking for customers and employees.
Parking space shall be provided as set forth in § 210-172.
§ 210-244 Bulkheads for certain plots.
A.
No plot fronting on navigable water shall be used for any purpose, 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 a 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.
§ 210-245 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.
