Freeport City Zoning Code
ARTICLE IV
Residence AA Districts
§ 210-28 Scope.
The following regulations shall apply in all Residence AA Districts.
§ 210-29 Permitted uses.
[Amended 7-14-1969; 6-21-1971; 7-12-1971; 11-22-1971; 5-12-2008 by L.L. No. 3-2008]
The following uses are permitted:
A.
Dwellings for not more than one family.
B.
Churches or similar places of worship, parish houses, convents.
C.
Elementary public schools, parochial schools, high schools and institutions for higher learning.
D.
Public libraries.
E.
Public parks and playgrounds and other municipal recreation uses.
F.
Customary home occupations, such as the office of a physician, dentist, surgeon, real estate broker or other professional person, provided that such use is incidental to the primary residence use of such professional persons, and provided that such use shall be conducted in the principal building.
[Amended 10-21-2024 by L.L. No. 1-2024]
G.
Garage space or parking space may be provided for not more than three automobiles in a detached garage and not more than two automobiles in an attached garage. Commercial vehicles are permitted, provided that such vehicle does not exceed one-ton rated capacity, is used only by the owner or occupant of said property and is parked in a completely enclosed garage at all times when not in use. Notwithstanding the aforementioned limitations, the Board of Appeals shall have the power to grant permits for the establishment and maintenance of parking fields in this and any other zones, subject to the conditions and limitations provided in § 210-12(N) herein.
H.
Accessory uses to the residence, including a detached garage, accessory buildings, accessory structures, breezeways, decks, swimming pools, entry stairs/stoops, unenclosed porches, barbecue pits, landscape arbors and planters, fences, paved patios sidewalks and driveways.
§ 210-30 Prohibited uses.
[Amended 2-28-1977 by L.L. No. 3-1977]
A.
Any use not herein specifically permitted is prohibited.
B.
Hospitals or sanatoriums for the treatment of human ailments are prohibited, except that hospitals or institutions treating liquor-habit patients, if existing at the time of the enactment of this amendment, shall be permitted to exist as a lawful nonconforming use.
C.
Tattoo parlors.
[Added 5-23-1983 by L.L. No. 11-1983]
§ 210-31 Building height; sky exposure plane.
[Amended 5-12-2008 by L.L. No. 3-2008]
A.
No dwelling shall exceed 35 feet in height nor have more than three stories, and no structure of any kind shall be erected to a height in excess of 40 feet, except that this provision shall not apply to restrict the height of a church spire or belfry or of a monument, flagpole, water tank, elevator bulkhead, or stage tower or home television or radio receiving aerial. No building shall penetrate the sky exposure plane, except for those portions as permitted in § 210-3. No accessory building and/or detached garage shall exceed 15 feet in height if erected with a roof pitched less than six units vertically to 12 units horizontally, and 20 feet in height if erected with a roof pitched six units vertically to 12 units horizontally or steeper.
§ 210-32 Lot area; street frontage; lot width.
[Amended 4-8-1968; 11-29-2021 by L.L. No. 8-2021]
No building shall be erected on a lot whose area is less than 10,000 square feet and on any lot which has a street frontage of less than 100 feet and on any lot whose width is less than 100 feet at any point between the side lines from the front property line up to the rear building line of the proposed structure.
§ 210-33 Lot coverage; floor area ratio.
[Amended 5-12-2008 by L.L. No. 3-2008]
The principal building on any lot shall not cover more than 25% of the lot area, and no more than an additional 7.5% of the total area of the lot may be used for the erection of an accessory building and/or detached garage with the maximum lot coverage of said accessory building and/or detached garage to be limited to an aggregate area of a maximum of 750 square feet, and no more than an additional 5% of the total area of the lot may be used for the erection of an unenclosed porch with the aggregate maximum lot coverage of said unenclosed porch to be limited to a maximum of 375 square feet. The floor area of the principal building shall not exceed a floor area ratio of 40% of the lot area.
§ 210-34 Minimum floor area.
Every dwelling shall provide a minimum of 1,000 square feet of residential floor area per family. Every dwelling more than one story in height shall provide a minimum of 800 square feet of residential floor area on the first floor designed for residential use.
§ 210-35 Required yards.
[Amended 5-12-2008 by L.L. No. 3-2008]
A.
Yards of the following depths or widths shall be provided for the principal building on the lot:
(1)
Front yard depth: minimum 20 feet or the average depth of all residential front yards on the same side of the street within two hundred 200 feet in either direction, whichever is greater, but in no case more than 50 feet.
(2)
Rear yard depth: minimum 20 feet or 20% of the lot depth, whichever is greater, with the exception that for lots abutting canals and other navigable bodies of water, the rear yard depth shall equal the average depths of all residential rear yards abutting the water on the same side of the canal or navigable body of water within 200 feet in either direction or 20 feet measured landwards of the average line of the bulkhead, whichever is greater, or, if no bulkhead exists, measured 20 feet landwards of the rear property line, whichever is greater.
(3)
Side yards width: minimum 10 feet; the sum of the width of the two side yards shall, at minimum, equal 25% of the lot width.
B.
No structure or building, other than a fence, landscape arbors and planters, entry stair/stoop, may be erected in the side yard of a building, and any building other than a dwelling, or an accessory building serving the dwelling, or a detached garage serving the dwelling, or a breezeway serving the dwelling, shall have a side yard of not less than 40 feet measured to the side property lines.
C.
Yards of the following depths or widths shall be provided for accessory buildings, detached garages, accessory structures, barbecue pits and breezeways on the lot:
(1)
Front yard: No accessory building, accessory structure, barbecue pit, detached garage or breezeway shall be erected in any front yard.
(2)
Rear yard depth: minimum five feet, except for lots which abut canals or navigable waters, a minimum depth of 20 feet measured landwards of the average line of the bulkhead shall be provided; if no bulkhead exists, measured 20 feet landwards of the rear property line.
(3)
Side yards width: No accessory building, accessory structure, barbecue pit, detached garage or breezeway shall be erected in any side yard.
(4)
Separation from dwellings on adjacent lots: A minimum separation of 20 feet shall be provided from any existing dwellings on adjacent lots.
D.
Decks extending less than 18 inches above the established grade in areas mapped outside the floodplain by FEMA FIRM maps or decks not extending above adjusted grade in areas mapped within the floodplain by FEMA FIRM maps shall comply with the following yard requirements:
(1)
Front yard depth requirements shall be the same as front yard depth requirements for principal buildings.
(2)
Side yards width: minimum 3 1/2 feet from side property lines.
(3)
Rear yards depth: minimum 3 1/2 feet; except for lots abutting canals or navigable water, the deck may extend to the bulkhead.
E.
Decks extending more than 18 inches above established grade in areas mapped outside the floodplain by FEMA FIRM maps or decks extending above adjusted grade in areas mapped within the floodplain by FEMA FIRM maps shall be considered to be accessory structures if freestanding and if attached to or separated by less than four feet from a building, shall be considered as a part of the principal building, accessory building or detached garage to which they are attached or adjacent and shall be regulated by the requirements for those buildings.