Freeport City Zoning Code
ARTICLE XXV
Historical Preservation District
§ 210-246 Scope.
The following regulations shall apply in the Historical Preservation District and, except as otherwise noted, shall supersede the other provisions of this chapter.
§ 210-247 Qualifications for placement in district.
No lot, plot or parcel of land shall be placed in a Historical Preservation District unless the buildings and structures thereon shall have been designated as a landmark by the Village of Freeport.
§ 210-248 Structural alterations.
A building or structure may be altered in accordance with the provisions of this article, except that any existing building or structure designated a landmark by the Village of Freeport shall only be altered in accordance with the requirements of the Village's Landmarks Preservation Law contained in Chapter 134, Landmarks Preservation, of this Code.
§ 210-249 Permitted and prohibited uses.
A.
A building may be used, erected or altered and the lot may be used for any of the following purposes and no other:
(1)
Apartment houses, condominiums and cooperatives. Apartments or dwelling units in such apartment houses, condominiums and cooperatives may be used for residential purposes to the same extent as in any residential district or as offices by persons practicing recognized professions, such as medicine, law, dentistry, physiotherapy and the like, provided that no more than 15% of the apartments or dwelling units in any structure may be used for such office purpose.
(2)
Assembly halls as an ordinary accessory use thereto.
(3)
Swimming pools, provided that they are accessory to the foregoing uses.
(4)
Elementary public schools, parochial schools, private schools and high schools and institutions for higher learning.
(5)
Public libraries, museums and cultural and fine arts centers.
(6)
Public parks and playgrounds and other municipal recreation uses.
(7)
Offices and professional buildings and banks.
(8)
Hospitals, sanatoriums and nursing homes.
[Added 11-15-1993 by L.L. No. 4-1993]
(9)
All other uses which, in the opinion of the Board of Appeals, upon application thereto as provided under Article II hereof, are of the same general character as though specifically permitted herein, it being the intent and the spirit of this chapter to encourage in this district buildings and structures having residential, social, civic, cultural, religious, educational and fraternal use, together with office and professional buildings, as distinguished from the retail sale of goods or the furnishing of services other than those of recognized professions.
[Amended 11-15-1993 by L.L. No. 4-1993]
B.
The following uses are prohibited.
(1)
Any use not herein specifically permitted is prohibited.
(2)
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, peace, health, welfare or safety of the community, or that tends to create public disturbance or annoyance.
§ 210-250 Building height restrictions.
A.
All buildings and structures shall be limited to 72 feet in height and shall have no more than five stories.
[Amended 11-15-1993 by L.L. No. 4-1993]
B.
Applicability. These provisions shall not apply to restrict the height of a church spire, tower or belfry or of a monument, flagpole, water tank, elevator, bulkhead, stage tower or any noncommercial television or radio aerial or satellite dish.
§ 210-251 Lot area for apartments and dwelling units.
No apartment house, condominium or cooperative shall be used as herein provided on a lot whose area is less than 15,000 square feet or which provides less than 1,452 square feet of lot area per apartment or dwelling unit.
§ 210-252 Lot coverage.
A.
Apartments, condominiums or cooperatives. An apartment house, condominium or cooperative building or structure shall not occupy more than 30% of the area of the lot, including accessory buildings or structures.
B.
Open space. Open space, out of doors and uncovered except for the open-air parking of motor vehicles at grade level, shall be provided at the ratio of at least one square foot of open space to each one square foot of residential floor area, excluding the basement.
C.
Open recreation space. Open recreation space, out of doors, shall be provided on the basis of 1/6 of the open space requirement in a single contiguous area other than the front yard. This requirement is a part of the open-space requirement. Open recreation space shall constitute a portion of the open space required by Subsection B above.
§ 210-253 Minimum floor area.
There shall be a minimum floor area of 600 square feet per apartment or dwelling unit in such apartment houses, condominiums or cooperatives.
§ 210-254 Required yards.
A.
Any building or structure designated a landmark or as part of a landmark site by the Village of Freeport shall have no minimum yard depth or width; however, the depth or width of such existing yards shall not be subsequently diminished from that which existed at the time of designation as a landmark or landmark site.
B.
Any new building or structure situated on a landmark site or any additions to a building or structure designated as a landmark or as part of a landmark site shall provide yards of the following minimum depth or width:
(1)
Front yard depth equals the average front yard depth of existing buildings on the same side of the street in the same block and within 200 feet of each side of the lot; if there are no existing buildings as aforesaid, the average front yard depth of existing buildings on the opposite side of the street in the same block and within 200 feet of the lines projected from each side of the lot; in no event, less than 25 feet.
(3)
Rear yard depth: 20 feet.
C.
For purposes of this article, the prohibitions against the use of a front yard for the open-air parking or storage of motor vehicles contained in § 210-6D shall not apply, provided that said parking or storage area is at grade level, excludes commercial vehicles and is needed in order to meet the applicable parking requirements contained in § 210-172. Furthermore, for purposes of this article, the requirement of § 210-6G with respect to keeping all front, side and rear yards open and unobstructed shall not prohibit such parking or storage of motor vehicles under the conditions hereinabove stated.
§ 210-255 Required parking.
Required parking spaces shall be provided as set forth in § 210-172.
§ 210-256 Basement or cellar use.
A.
Uses prohibited. With the exception of one apartment in the basement of an apartment house, condominium or cooperative, actually occupied by the building superintendent and his immediate family, no basement, cellar or half story in an apartment house, condominium or cooperative shall be used for persons to live in or sleep in or for professional or business purposes or for any purpose, except housing mechanical and heating apparatus or to serve the structure for storage as an accessory use by tenants or for a use as hereafter permitted.
B.
Uses permitted. The basement and cellar may be used for lobbies; for recreational facilities; for parking tenants' vehicles; for machines to launder and dry linens and wearing apparel, which utilize only water as a liquid and as an accessory to the laundering and cleaning process; and, if otherwise permitted by law, for coin vending machines for the use and convenience of the tenants of the apartment house, condominium or cooperative only.
§ 210-257 Front yard maintenance for residential and cooperative buildings.
With the exception of the necessary driveways, parking areas, walks and entrance areas, the front yard of any apartment house, condominium or cooperative shall be fully graded, landscaped and continuously maintained in a neat and orderly fashion.