Freeport City Zoning Code
ARTICLE VIII
Business A Districts
§ 210-69 Scope.
The following regulations shall apply in all Business A Districts.
§ 210-70 Permitted uses.
[Amended 11-28-1966; 12-18-1967]
The following uses are permitted:
A.
All uses permitted in any Residence AA, Residence A and Business AA Districts (except residential).
B.
Stores and shops for conducting any of the following retail and service businesses: grocery, fruits and vegetables, delicatessen, barbershop, beauty parlor, shoe repair, liquor package store, hardware, meat market, drug, bakery, tobacco, newspapers and magazines, tailor, bank, offices, clubs and lodges, ice cream, confectionery, luncheonette and restaurants; subject, however, to the following conditions:
[Amended 4-24-1978 by L.L. No. 13-1978]
(1)
All goods or products manufactured or processed on the premises shall be sold at retail on the premises.
(2)
Not more than 10 persons shall be employed in manufacturing or processing such goods or products at any one time.
[Amended 4-24-1978 by L.L. No. 13-1978]
(3)
Individual motors used in connection with such manufacturing or processing shall not have greater capacity than one horsepower per motor, and the aggregate capacity of the motors used for such purposes shall not exceed four horsepower. The limitations herein imposed do not apply to such motors as are used in the operation of duly approved apparatus in providing refrigeration and air conditioning.
(4)
No merchandise shall be displayed or sold from any setback area or sidewalk.
(5)
All nonresidential uses, with the exception of banks, offices, clubs or lodges, shall be limited to the first or ground floor of the building.
C.
All other uses which in the opinion of the Board of Appeals (upon application of the Board of Appeals as provided in Article II hereof) are of the same general character as those specifically permitted herein.
§ 210-71 Prohibited uses.
[Amended 12-18-1967; 2-19-1968; 8-20-1973]
A.
The following uses are prohibited:
(1)
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.
(2)
No use permitted in § 210-70B shall be permitted in one-family dwellings.
(3)
Stores and shops for conducting any of the following retail and service businesses:
[Amended 6-27-1977 by L.L. No. 12-1977]
(a)
Bars and grills, discotheques, nightclubs, cabarets or any other commercial establishment which supplies entertainment and/or dancing to live or recorded music.
[Amended 4-24-1978 by L.L. No. 13-1978]
(b)
Shooting galleries, 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.
[Amended 4-28-1980 by L.L. No. 4-1980; 8-11-1980 by L.L. No. 14-1980]
(4)
Gasoline service stations.
(5)
Tattoo parlors.
[Added 5-23-1983 by L.L. No. 11-1983]
B.
All other uses not herein specifically permitted are prohibited.
§ 210-72 Building height.
A.
All buildings and structures shall be limited to 50 feet in height, except that no dwelling shall have a height of more than 35 feet nor have more than three stories.
B.
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 or stage tower or any noncommercial television or radio aerial.
§ 210-73 Lot area.
No one-family dwelling shall be erected on a lot whose area is less than 5,000 square feet.
§ 210-74 Lot coverage.
No building, together with all other appurtenant structures, shall occupy more than 60% of the area of its lot, except that a one-family dwelling shall not occupy more than 35% of the lot plus an additional 10% for the erection of a garage as provided for in the Residence A District.
§ 210-75 Minimum floor area.
There shall be a minimum average floor area of 800 square feet per family in one-family houses.
§ 210-76 Required yards.
A.
There shall be a minimum front yard depth of 20 feet.
B.
The side yard width and rear yard depth for one-family dwellings shall be the same as that required in the Residence A District.
§ 210-77 Plots abutting more restricted districts.
For all nonresidential uses of plots that abut directly on a Residence Apartment District or more highly restricted district, there shall be provided a yard of at least 10 feet in depth along the line where it abuts on such more highly restricted district. Such yard shall not be used for vehicular access, vehicle storage or parking and shall remain open, unobstructed and unencumbered.
§ 210-78 Vehicular access for loading or unloading.
Every nonresidential building hereinafter erected on a lot the area of which is in excess of 5,000 square feet shall provide a means of vehicular access to the rear or side or into the building for loading and unloading purposes.
