Freeport City Zoning Code
ARTICLE XXVII
Artist/Professional Live/Work Overlay District
§ 210-261 Scope.
The following regulations shall apply to those properties situated in the following described area:
Beginning at a point where the southerly side of West Sunrise Highway intersects with the easterly side of Church Street; running thence south along the easterly side of Church Street to its intersection with the northerly side of West Merrick Road; running thence east along the northerly side of West Merrick Road continuing to East Merrick Road, to its intersection with the westerly side of Henry Street; running thence north along the westerly side of Henry Street to its intersection with East Sunrise Highway; running thence west along the southerly side of East Sunrise Highway continuing to West Sunrise Highway to the point of beginning. |
§ 210-262 Use by special permit.
In addition to the uses permitted in a Business B District, the Board of Trustees may authorize by special permit, after a public hearing, the construction, renovation and use of the buildings located within the overlay district described in § 210-261 of this article for retail or commercial space on the ground floor and professional live/work space upon upper floors. The parking requirements for such uses shall be as provided for in § 210-172 of the Code of the Village of Freeport unless waived or reduced by the Board of Trustees pursuant to § 210-265 of this article.
§ 210-263 Definitions.
A.
For purposes of this article, "professional live/work space" shall be defined as a distinct section or unit of a building in which an artist or professional work studio or office is located with ancillary living space for the occupant of the work space not to exceed 33% of the floor area of the section or unit.
B.
For the purposes of this article, the "rear portion" of the building shall not comprise more than 35% of the total floor area of the ground floor, and the front portion of the building shall be that portion of the building that has public access opening onto Main Street. The rear portion of the building shall be that portion of the building that fronts either Church Street, or Henry Street, or a municipal parking lot.
§ 210-264 Ground-floor uses governed by district regulations.
Unless otherwise set forth herein, ground-floor uses of any building shall be governed by the use regulations applicable to the underlying district, except that the Board of Trustees may authorize the use of the rear portion of any building, as defined hereinabove at § 210-263 of this article, for the base floor of a live/work duplex unit, provided the work portion of such unit is located on the ground floor.
§ 210-265 Lot coverage and parking.
The Board of Trustees shall be authorized to permit construction upon an entire lot without respect to front, rear and side yard setbacks which would otherwise be applicable. Additionally, in the event that the Board of Trustees finds that there are sufficient public or private spaces available to serve the building, the Board may waive or reduce the number of parking spaces required for the building from the parking under the requirements of § 210-172. In all such cases, however, said public and/or private parking shall be located within 200 feet of the applicant's building.
§ 210-266 Superintendent unit.
In the event that the floor area of the entire building exceeds 5,000 square feet and contains at least five live/work units, a superintendent apartment may be permitted on the ground floor in order to service the building. In such event, such apartment shall be located in the rear portion of the building and shall be included in the calculation of 35% of floor area provided for in § 210-263 of this article.
§ 210-267 Requirements for approval.
Before the approval of the permit application shall be given, the Board of Trustees shall determine that:
A.
The use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts.
B.
The use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally' established uses in adjacent use districts.
C.
The safety, the health, the welfare, the comfort, the convenience or the order of the Village will not be adversely affected by the proposed use and its location.
D.
The use will be in harmony with and promote the general purposes and intent of this chapter.
§ 210-268 Factors of consideration.
In making such determination pursuant to this chapter, the Board of Trustees shall give due consideration to the following factors:
A.
The conservation of property values and the encouragement of the most appropriate uses of land.
B.
The effect that the location of the proposed use may have upon the creation or undue increase of vehicular traffic congestion on public streets or highways.
C.
The availability of adequate and proper public or private facilities for the treatment, removal or discharge of sewage, refuse or other effluent, whether liquid, solid, gaseous or otherwise, that may be caused or created by or as a result of the use.
D.
Whether the use or materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot.
E.
Whether the use or equipment, tools or supplies associated therewith will cause disturbing emission of electrical discharges, dust, light, vibration or noise.
F.
Whether the operations in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Village or by other competent governmental agency.
G.
Whether a hazard to life, limb or property, because of fire, flood, erosion or panic, may be created by reason or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot or in the public ways adjacent thereto.
H.
Whether the use or the structures to be used therefor will cause an overcrowding or over-intensification of use of land or undue concentration of population.
I.
Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.
§ 210-269 Conditions and safeguards; revocation of permit.
The Board of Trustees shall, in granting such special use permits, impose such conditions and safeguards as it may deem appropriate, necessary or desirable to preserve and protect the spirit and objectives of this chapter. Such safeguards may, in each case, include biannual inspections of the subject premises by the Superintendent of Buildings to ensure compliance with such conditions, safeguards imposed and provisions of this article. Upon a finding made not less than 10 days after due, written notice to the interested parties and an opportunity to be heard, that any such condition or safeguard imposed or provision of this article has been violated, the Board of Trustees may, by resolution, revoke said special use permit.
§ 210-270 Causes for revocation.
A special use permit issued hereunder shall be deemed to authorize only the particular use or uses specified in the permit and shall be revoked if actual use violates the term of the permit or the provisions of this article, or said use or uses shall cease for more than 12 months for any reason, unless prior to that time an extension has been granted by the Board of Trustees, or if all required improvements arc not completed within 12 months from the date of issue of said special use permit, unless prior to that time an extension has been granted by the Board of Trustees.
§ 210-271 Filing an application.
The Village Clerk shall make appropriate rules as to the content and manner of filing of the applications to the Board of Trustees for special use permits provided for hereunder.
§ 210-272 Fees.
[Amended 10-21-2024 by L.L. No. 1-2024]
The Board of Trustees by resolution shall adopt and from time to time and may amend a schedule of fees payable by an applicant for a special use permit for an Artist/Professional Live/Work Overlay District and for the annual compliance inspection provided for in § 210-270 of this chapter.
§ 210-273 Appeals.
Any person aggrieved by the decision of the Board of Trustees upon any application for a special use permit as provided in this chapter may seek redress in accordance with the provisions of Article 78 of the Civil Practice Law and Rules of the State of New York.
§ 210-274 Severability.
If any provision of this chapter is held to be unconstitutional or invalid by any court, the remaining provisions of this chapter shall not be invalidated.