The purposes of this chapter are to regulate
and restrict the location, construction and use of buildings, structures
and the use of land in the Village and, for said purpose, to divide
the Village into districts.
The provisions of this chapter shall be construed
to be the minimum requirements adopted for the promotion of the public
health, safety, comfort, convenience and general welfare of the Village.
It is not intended by this chapter to rescind, repeal, abrogate, annul
or in any way impair or interfere with any existing provisions, laws
or ordinances, except as hereinbefore provided, or any rules, regulations
or permits previously adopted or issued pursuant to law, relating
to the use of buildings or premises; provided, however, that where
this chapter imposes a greater restriction upon the use of buildings
or premises or upon the height of buildings or requires larger yards
or other open spaces than are imposed or required by any other ordinances,
rules or regulations or permits, or by easements, covenants or agreements,
the provisions of this chapter shall control; and provided further
that nothing herein contained shall prohibit or restrict the revocation
of any permit heretofore or hereafter issued where no vested rights
exist in favor of the holder thereof.
[Amended 4-24-1967; 8-14-1978 by L.L. No. 16-1978; 3-18-1996 by L.L. No. 1-1996; 4-21-1999 by L.L. No. 2-1999; 12-17-2007 by L.L. No.
6-2007; 5-12-2008 by L.L. No. 3-2008]
For the purpose of interpreting, construing
and applying the provisions of this chapter, the following definitions
shall be observed:
Any structure other than a garage, with a foundation system,
used for an accessory use, which is enclosed to protect its interior
from the weather, located on the same lot as a residence.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot as such principal use
or building.
Only in areas mapped in a floodplain by FEMA FIRM maps. Adjusted
grade is the average of established grade and elevation 10 established
by FEMA and NGVD 1929.
As applied to a building or structure, means changes or rearrangements
in the structural parts or in the exit facilities; or enlargements,
whether by extending on a side or by increasing in height; or the
moving from one location or position to another.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other.
The maximum horizontal projected area of a building and its
accessory buildings, exclusive of chimneys, cornices, open steps,
balconies, terraces (except such terraces or uncovered porches as
are constructed above finished grade elevation) and other minor ornamental
features projecting from the walls of the building and not supported
independently by the ground.
Comprises the total area in square feet of all floors used
for residential purposes, including the public hallways, stairwells
and elevators serving dwelling units, and is measured between the
exterior faces of walls. It does not include the floor area of cellars,
open porches or floor areas having headroom of less than seven feet
six inches, nor cellars, community rooms, offices, stores or other
nonresidential space.
The building volume enclosed between the underside of the
roof, the top side of the structure forming the ceiling over the highest
floors and, if present, the exterior walls. Attics may be either habitable
or uninhabitable spaces as determined by the provisions of the New
York State Building Code. Attics which meet the standards for habitable
space shall be considered a story.
An exterior fireplace or built-in grill constructed primarily
of masonry permanently anchored to the ground with a foundation system
not exceeding four feet in height above established grade and 50 square
feet in area. Similar structures exceeding these dimensions are defined
as accessory structures.
A benchmark determined by FEMA as a minimum design elevation
for structures and buildings as designated on FIRM maps.
A story, the floor of which is not more than three feet below
and the ceiling of which is not less than four feet six inches above
the average level of the lawfully established grade of the street
curb. A basement shall be considered a story.
Any dwelling in which more than three persons are housed
or lodged for hire with or without meals. A rooming house or furnished
room house shall be deemed a boardinghouse.
A roofed structure with a maximum of six feet in width along
its short axis and a maximum of 125 square feet in area, enclosed
or unenclosed, unheated, connecting a residence with either a detached
garage or an accessory building.
A combination of materials adapted to form a construction
that is safe and stable and adapted to permanent or continuous occupancy
for residence, business, assembly or storage purposes and having a
roof. The term "building" shall be construed as though followed by
the words "or part thereof."
The line of that face of the building nearest the front line
of the lot. This face shall be construed to include all construction
above grade except steps and cornices.
The vertical distance measured, in the case of flat roofs,
from the established grade or adjusted grade to the highest level
of the parapet walls and, in the case of pitched roofs, from the established
grade or adjusted grade to the highest ridgeline.
A covered area formed by or attached to the principal building,
used for the storage of motor vehicles and that has less than 50%
of its perimeter enclosed by a solid vertical plane. A carport/porte
cochere shall be considered an accessory structure and shall not be
considered as floor area for the purposes of calculating floor area
ratios.
A story entirely or partly underground and having more than
1/2 of its clear height below average ground level of the adjoining
ground. A cellar shall not be considered a story for the purposes
of height measurement in determining the permissible number of stories.
Notwithstanding the foregoing, an apartment house cellar shall be
considered a story if its ceiling shall extend more than two feet
above the average level of the lawfully established grade of the street
curb.
A lot which fronts on two or more intersecting streets and
is not by definition a through lot. A corner lot will have a primary
front yard which abuts the street on which the building's address
is located. In the case of buildings with addresses on more than one
street, the definition of the primary front yard will be at the discretion
of the Superintendent of Buildings. Front yards on other streets shall
be the secondary front yards. The rear yard of a corner lot shall
be located on the opposite side of the lot running parallel to the
primary front yard. The side yard on a corner lot shall be located
on the opposite side of the lot running parallel to the secondary
front yard. In the case where a building lot is fronted by three streets,
a front yard shall be provided at each street front and a rear yard
shall be provided located on the opposite side of the lot running
parallel to the primary front yard. See Figure 210-3-1.[1]
A framed structure with a walkable surface, open to the air
and not roofed. A deck extending less than 18 inches above established
grade outside of areas mapped within the floodplain by FEMA FIRM maps
and/or above adjusted grade in areas mapped within the floodplain
by FEMA FIRM maps is not considered as lot coverage or regulated by
yard setback requirements unless specifically noted otherwise in this
chapter. Decks extending more than 18 inches above established grade
outside of areas mapped within the floodplain by FEMA FIRM maps and/or
above adjusted grade in areas mapped within the floodplain by FEMA
FIRM maps are considered to be accessory structures or if attached
to, or directly adjacent, having less than four feet of separation
from the primary building on the lot, they are considered to be a
part of the primary building.
A building designed or used exclusively as the living quarters
for one or more families.
A stair and platform rising from grade to allow access into
a building. An entry stair/stoop may be made of wood, metal, masonry
and/or concrete and shall not be considered as a portion of the lot
coverage of the building. Entry stairs/stoops of less than 150 square
feet in area may project into required front, side and rear yards.
Average level of the crown of the road(s) fronting the building
as measured from a projection of the property lines intersecting the
crown of the road. On corner lots, the elevation at the intersecting
crowns of the roads shall also be included in the average. All elevations
must be certified by a New-York-State-licensed surveyor. The Superintendent
of Buildings, within his/her discretion, shall have the authority
to waive the requirement of such survey.
One or more persons, whether or not related
by blood, marriage or adoption, all living together as a single, stable
and bona fide housekeeping unit, so long as such persons together
occupy and own, lease or rent the whole of a separate building or
separate dwelling unit in a family-like living arrangement as the
functional and factual equivalent of a natural family and use all
rooms and housekeeping facilities in common.
Any such number of persons shall not be deemed
to constitute a family if any one of such persons may not have lawful
access to all parts of said separate building or separate dwelling
unit or if any one or more of such persons lease or rent any separate
portion of said separate building or separate dwelling unit from any
other person.
In the event that the Superintendent of Buildings,
an Inspector or any other person acting on behalf of the Building
Department or otherwise duly authorized by the Mayor and/or the Village
Board shall find that any two or more of the following features exist
at the subject premises, then it shall be presumed that more than
one family is in occupancy thereof: more than one mailbox, mail slot
or post office address; more than one doorbell or doorway on the same
side of the separate building or separate dwelling unit; more than
one electric meter and/or gas meter; more than one connecting line
for cable TV; separate entrances for segregated portions of the separate
building or separate dwelling unit; partitioned internal doors barring
access between segregated portions of the premises, including bedrooms;
separate oral or written leases or rental agreements or the payment
of rent for portions of such separate building or separate dwelling
unit among its owner and residents; and/or two or more kitchens (each
containing a range or oven, refrigerator and sink), unless it is otherwise
proven by evidence presented to such Superintendent or Inspector or
designated person by such owner or resident that such occupancy is
by a family as deemed herein. This presumption shall be rebuttable,
but shall not preclude such Superintendent of the Building Department,
Inspector and/or designated person from making a determination that
such separate building or separate dwelling unit is not occupied by
such a family, based upon other, whether or not hereinabove listed
and/or contained.
The primary determination as to the application
of this definition of a family, for purposes of compliance with any
provisions of this Zoning Ordinance and/or any building codes, shall
be made by said Superintendent of the Building Department, Inspector
and/or designated person, based upon his or her inspection of the
premises, as well as any information he or she may receive from the
residents thereof, any other persons and/or any other written or documentary
evidence as to the condition of the premises and/or the relationships
and living arrangements of the residents.
Federal Emergency Management Agency.
Any assemblage of materials, man-made or natural, which produces
a visual or physical impediment erected along a line and extending
more than two feet above established grade outside of areas mapped
within the floodplain by FEMA FIRM maps or extending more than one
foot above adjusted grade in areas mapped within the floodplain by
FEMA FIRM maps, intended to prevent physical movement or visibility
between two exterior spaces.
A fence constructed so that its opaque members, such as,
but not limited to, posts, rails, balusters, pickets and other solid
portions, constitute 50% or more of the area of the fence.
Measured from established grade in areas mapped outside the
floodplain by FEMA FIRM maps or adjusted grade in areas mapped within
the floodplain by FEMA FIRM maps, to the top of the top rail, top
of the highest picket or to the top of the highest portion of the
fence, excluding posts spaced not closer than five feet on center
on average. Posts having a maximum dimension of six inches in depth
and/or width, and spaced no closer than five feet on center on average,
may exceed the height limitations imposed on fences and enclosures
herein by no more than eight inches.
A fence constructed so that its opaque members, such as posts,
rails, balusters, pickets and other solid portions, do not constitute
more than 50% of the area of the fence.
An area of land, including structures thereon, which is used
or designed to be used primarily for the supply of oil and gasoline,
or oil or other volatile fuel for the propulsion of motor vehicles
or boats, delivered directly to the motor vehicles or boats in which
it is used; other facilities provided or available may include polishing,
greasing, washing, spraying and otherwise cleaning or servicing such
motor vehicles or boats, but in no event providing for major repairs.
Maps issued by FEMA indicating areas within the one-hundred-year
and five-hundred-year floodplains.
The floor area of a building divided by the area of the lot
upon which the building is situated. Example: A lot with an area of
5,000 square feet and a FAR of 50% may have a maximum constructed
floor area of 2,500 square feet = (FAR of .5) x (lot area of 5,000
square feet). For the purpose of determining compliance with FAR,
floor area shall be defined to include all spaces used for sleeping,
living, eating and cooking, closets, hallways, bath and toilet rooms,
utility/mechanical spaces, attached garage space and all other spaces
not specifically excluded below. Dimensions used for calculating area
shall be measured from the exterior face of exterior wall sheathing
or masonry to the exterior face of exterior wall sheathing or masonry.
Area of spaces to be excluded when determining compliance with FAR:
breezeway, unenclosed porch, basement, cellar, and attic spaces meeting
one of the following criteria:
Having a height of less than seven feet from
floor to underside of structural plane above, excluding low beams
or trusses spaced four feet or greater on center.
The space is not heated.
Has insufficient means of egress and/or emergency
escape and rescue openings as determined by the Residential Code of
New York State for habitable rooms.
Has insufficient light or ventilation or area
as determined by the New York State Building Code pertaining to habitable
rooms.
A garage which shares a common wall and/or ceiling/floor
structure or a portion thereof with the residence it serves.
A garage located so that all portions of the garage are a
minimum of four feet away from the residence it serves with an exception
for roof eaves and/or cornices which extend a maximum of two feet.
A detached garage may be connected to the residence it serves by an
unheated enclosed structure and/or roof meeting the definition of
"breezeway."
A completely enclosed building used for storing, keeping
or parking of not more than three automobiles for private use.
Any garage other than a private garage, available to the
public, operated for gain and which is used for the storage, repair,
rental, greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
A completely enclosed garage area.
All places where the public assembles, whether or not an
admission fee is charged.
A building or series of buildings containing 15 or more sleeping rooms or suites, each with sanitary accommodations but without any kitchen or cooking facilities therein, arranged or designed to be rented or hired out to be occupied, or which are occupied, for sleeping purposes, for compensation, for no more than 15 calendar days, whether the compensation be paid directly or indirectly, with public rooms and restaurants as permitted accessory uses. This definition, including the limitations and restrictions contained in Article XX, shall be applicable to hotels, motels and boatels in all districts where permitted, notwithstanding any greater or lesser restrictions hereinafter imposed and otherwise applicable in the particular district, except for the requirements of § 210-180, which shall remain effective.
[Amended 1-27-2020 by L.L. No. 1-2020]
Unenclosed structures used solely for the containment or
support of landscape plantings. Planters extending less than two feet
above established grade in areas mapped outside the floodplain by
FEMA FIRM maps, or not extending above adjusted grade in areas mapped
within the floodplain by FEMA FIRM maps, and arbors of less than 100
square feet aggregate area per lot are not considered in lot coverage
calculations and may be located in required front, side and rear yards.
Arbors may not exceed heights permitted for fences within 10 feet
of a property line or within 20 feet of a canal or navigable body
of water.
The dividing line between a street and an abutting lot.
Connotes a mean horizontal distance between the front and
rear lot lines measured in the general direction of its side lot lines.
A portion of land considered as a unit or occupied by a building
or a group of buildings which are united by a common interest or use
and the customary accessories and open spaces belonging to the same,
provided that said portion of land is not dissected by a street, dedicated
or not, a public or private way or by any easement over which the
public has a right of passage.
Includes all vehicles propelled by any power other than muscular
power.
As defined by § 398-b of the Vehicle and Traffic
Law of the State of New York, commonly referred to as the definition
section of the Motor Vehicle Repair Shop Registration Act.
National Geodetic Vertical Datum of 1929. A benchmark elevation
survey used by FEMA to quantify base flood elevations, FIRM maps and
mean high tide.
A structure, building or land lawfully occupied by a use
that does not conform to regulations of the district in which it is
situated.
"Public notice" or "due notice" of a hearing means notice
of the time and place thereof, printed in the official newspaper of
the Village in conformity with the law relative to public hearings
and official notice.
See "used, occupied."
There shall be a rebuttable presumption of fact that any
person residing or living in any dwelling for a period of time in
excess of 30 consecutive days shall be, for the purposes of this chapter,
domiciled in the same dwelling, irrespective of whether or not moneys,
compensation or services are paid or transferred in consideration
for the space so occupied. In any trial or proceeding based upon an
alleged overoccupancy or illegal use due to an unauthorized occupancy
or other code violation, once the prosecution has established that
such person or persons have resided or lived in the subject premises
for a continuous period of more than 30 days, this rebuttable presumption
shall arise and shall be deemed to exist continuously. It shall be
further presumed that such persons residing in the same household
are not members of the same family within the meaning of "family"
as defined in this section. These presumptions shall only be rebutted
by substantial probative evidence to the contrary.
The area required for parking one automobile, which in this
chapter is deemed to be an accessible area of not less than nine feet
wide and 20 feet long, not including passageway.
A one-story roofed structure attached to a residence where
75% of the vertical planes extending from the top of the porch floor
to the underside of the porch roof separating the area of the porch
from exterior open space (yard) are open and unobstructed. Railings
which are 50% open and not more than 42 inches in height above the
porch floor, decorative latticework which is more than 75% open and
insect screening shall not be considered obstructions diminishing
the percentage of openness. For yard setback purposes, an unenclosed
porch is considered part of the principal building.
A line at which two roof planes meet, forming the highest
point of those two planes. In the case where more than two roof planes
meet, the highest point of intersection of those planes shall be considered
the ridgeline.
The starting (lowest) elevation for a sky exposure plane
at the property lines shall be as follows:
A virtual sloping plane starting from the front, rear and
side property lines at a specified height (SEP base height), rising
inward over the zoning lot at a ratio of vertical distance to horizontal
distance. The sky exposure plane may not be penetrated by the buildings
on the lot except for the following permitted penetrations: chimneys,
electric and communications service masts and cables, plumbing vents,
antennas and satellite dishes, and cupolas and/or dormers deemed aesthetic
enhancements to the building by the Site Plan Review Board where such
dormers and/or cupolas do not exceed 10 feet in any horizontal dimension
or 150 square feet in aggregate floor area.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, then the space between any floor and the ceiling
next above it.
A space above a story below and where the main eaves of the
building are below mid-height of said half story.
A public or private vehicular thoroughfare which affords
the principal means of access to abutting property.
A combination of materials, other than a building, to form
a construction that is safe and stable and includes, among other things,
stadiums, tents, trailers, lunch wagons, whether movable or stationary,
reviewing stands, pools, outdoor fireplaces, platforms, sheds, radio
towers, exterior bins, fuel pumps, docks, boathouses, bulkheads, slips,
fuel storage tanks above or below ground, walls or fences over four
feet in height and display signs; the word "structure" shall be construed
as though followed by the words "or part thereof."
A lot which fronts on two streets running roughly parallel
to each other. The lot will have two primary front yards, no rear
yard and two side yards running perpendicular to the streets. In the
case where a lot is fronted by four or more streets, it shall have
a primary front yard on each street.
As applied to the utilization of property, shall comprehend
the lawful purposes for which lands may be employed and buildings
or structures designed, adapted, arranged, erected or structurally
altered.
As applied to any land or building, shall be construed to
include the words "intended, arranged or designed to be used or occupied."
An open space unobstructed from the finished grade level
to the sky on the same lot as a main building, extending the full
width of a lot and situated between the street line and the front
line of the building projected to the side lines of the lot. The depth
of a front yard shall be measured between the front line of the building
and the street line.
An open space unobstructed from the finished grade level
to the sky on the same lot as a main building, extending the full
width of the lot and situated between the rear line of the lot and
the rear line of the building projected to the side lines of the lot.
The depth of a rear yard shall be measured between the rear line of
the lot and the building.
An open space unobstructed from the finished grade level
to the sky on the same lot as a main building, situated between the
side line of the building and the adjacent side line of the lot and
extending from the rear line of the front yard to the front line of
the rear yard. If no front yard is required, the front boundary of
the side yard shall be the front line of the lot and, if no rear yard
is required, the rear boundary of the side yard shall be the rear
line of the lot.
[1]
Editor's Note: Figure 210-3-1 is on file in
the Village offices.
[Amended 5-15-1972; 7-24-1972]
A.
Types of districts. To promote the public health,
safety, morals and general welfare of the community, the Village is
hereby divided into the following types of districts:
[Amended 8-29-1977 by L.L. No. 14-1977]
|
Residence AA District
| |
|
Residence A District
| |
|
Residence Apartment District
| |
|
Business AA District
| |
|
Business A District
| |
|
Business B District
| |
|
Service Business SB District
| |
|
Marine Residence District
| |
|
Marine Apartment-Boatel and Condominium District
[Added 9-17-1979 by L.L. No. 12-1979] | |
|
Marine Business District
| |
|
Marine Commerce District
[Added 11-24-1986 by L.L. No. 20-1986] | |
|
Marine Industries District
| |
|
Manufacturing District
| |
|
Industrial District
| |
|
Industrial B District
| |
|
Planned Unit Development District —
Medium Density, Primary Area, Secondary Area
| |
|
Historical Preservation District
| |
|
Artist/Professional Live/Work Overlay District
| |
|
Golden Age Zone
| |
|
Gasoline Service Station Overlay District
|
B.
Shown on map. Said districts are bounded and defined
as shown on a map entitled "Zoning Map of the Village of Freeport,"
adopted as amended on November 3, 1952, and certified by the Village
Clerk, and the subsequent revisions thereof, which accompanies and
which, with all explanatory matter thereon, is hereby made a part
of this chapter[1] as though all the lines, matters and other things depicted
thereon were all fully described herein.
[1]
Editor's Note: The Zoning Map is included
in a pocket at the end of this volume.
Where uncertainty exists with respect to the
boundaries of any of the aforesaid districts as shown on the Zoning
Map, the following rules shall apply:
A.
Center lines of streets, etc. Where district boundaries
are indicated as approximately following the center lines of streets
or highways, street lines or highway right-of-way lines, such center
lines, street lines or highway right-of-way lines shall be construed
to be such boundaries.
B.
Lines of lots. Where district boundaries are so indicated
that they approximately follow lot lines, such lot lines shall be
construed to be said boundaries.
C.
Line not specifically indicated. Where a boundary
line does not follow such a location and is not specifically indicated
on the Building Zone Map, it shall be considered 100 feet back from
and parallel to the nearest street line.
D.
Lines parallel to center lines. Where district boundaries
are so indicated that they are approximately parallel to the center
line or street lines of streets, or the center lines or the right-of-way
lines of highways, such district boundaries shall be construed as
being parallel thereto and at such distance therefrom as indicated
on the Zoning Map. If no distance is given, such dimension shall be
determined by the use of the scale shown on the Zoning Map.
E.
Property not specifically zoned. Any property in the
Village not specifically zoned shall be considered to be zoned Residence
AA until changed by action of the Board of Trustees.
F.
Railroad lines. Where the boundary of a district follows
a railroad line, such boundary shall be deemed to be located midway
between the main tracks of said railroad line.
G.
Streams, lakes, etc. Where the boundary of a district
follows a stream, lake or other body of water, said boundary line
shall be deemed to be at the limit of the jurisdiction of the Village,
unless otherwise indicated.
H.
Lines within block. Where a Business B, Manufacturing
or Industrial District area and a greater restricted area are indicated
within a block, the boundary of the lesser restricted district area
shall be considered the rear lot line of the properties affected.
A.
No building or land shall hereafter be used or occupied
and no building or part thereof shall be erected, moved or altered
unless in conformity with the regulations herein specified for the
district in which it is located.
B.
No building shall hereafter be erected or altered:
(1)
To exceed the height, or
(2)
To accommodate or house a greater number of families,
or
(3)
To occupy a greater percentage of lot area, or
(4)
To have narrower or smaller rear yards, front yards
or side yards, or
(5)
To have smaller percentage of floor area per family,
than is specified herein for the district in which such building is
located.
C.
No part of a yard or other open space required about
any building for the purpose of complying with the provisions of this
chapter shall be included as a yard or other open space similarly
required for any other building.
D.
No required front yard shall be used for the open-air
parking or storage of motor vehicles in any residence, apartment or
business districts, except that this prohibition shall not apply to
the driveway of a residence.
E.
No building or structure shall be erected in a front
yard.
F.
Where the rear or side line of any lot in a residential
area abuts any waterway, no building shall be erected within 20 feet
of the property line, except that in the case of a lot with a depth
or width of less than 100 feet, the depth or width of such rear or
side yard shall not be less than 20% of such dimensions or area.
G.
The spaces of all front, side and rear yards shall
be open and unobstructed except:
(1)
For the ordinary projection of windowsills, belt courses
and other architectural and ornamental features to a distance of not
more than six inches.
(2)
For the projection of main cornices for a distance
of not more than two feet.
(3)
For the projection of chimneys for a distance of not
more than two feet into the yard area, in length not exceeding 10
feet.
A.
Application. Any owner of property desiring an amendment
to this chapter changing the scope in area of any district herein
created shall proceed by filing with the Board his petition, together
with two copies of the Land and Tax Map of Nassau County of the area
sought to be rezoned, certified by the County Clerk of Nassau County,
not later than 10 days prior to the time of the filing of the petition.
Upon receipt of any such petition, the Village Clerk shall immediately
transmit the same to the Planning Board with the request for a report
to the Board of Trustees upon the proposed change and for a statement
by the Planning Board as to whether it approves or disapproves of
the proposed change and its recommendations.
B.
The Board of Trustees by resolution shall adopt and
from time to time may amend a schedule of fees payable by an applicant
for a rezoning.
[Amended 2-26-1990 by L.L No. 40-1990]
This chapter shall be enforced by the Superintendent
of Buildings.
[Amended 10-3-1977 by L.L. No. 17-1977; 4-29-1991 by L.L. No. 1-1991]
For every violation of the provisions of this
chapter or any section or provision thereof, or of any condition or
regulation imposed by the Board of Appeals in granting a permit or
variance, the owner, agent, contractor or agent of the contractor
of a building premises where such violation has been committed or
shall exist and the owner, agent, contractor or agent of the contractor,
lessee or tenant of any part of a building or premises on which such
violation has been committed or shall exist and the agent, architect,
builder, contractor or agent of the contractor or any person who commits,
takes part or assists in such violation or who maintains any building
or premises in which such violation shall exist shall, upon conviction,
be subject to a fine in an amount not to exceed $1,000, imprisonment
for not more than 15 days, or both such fine and imprisonment. Each
and every day (twenty-four-hour period) that such violation continues
shall constitute a separate violation.
[Added 11-21-1995 by L.L. No. 5-1995]
A.
Intent. The Board of Trustees is considering a plan
to revise the Zoning Laws of the Incorporated Village of Freeport
by adopting a Village Comprehensive Plan, pursuant to the authority
of the Village Law. Said Comprehensive Plan will involve the Marine
Commerce, Marine Business, Marine Industrial and Marine Apartment-Boatel
and Condominium Zoning Districts. Therefore, it is the intent of this
Board to withhold construction in the aforesaid districts which will
be under consideration for zoning or rezoning. It is not the intent
of this section to prohibit the issuance of building permits by the
Superintendent of Buildings for construction within the aforesaid
districts, which construction is minor or nominal in nature.
B.
The Superintendent of Buildings is authorized not
to issue building permits for construction in the Marine Commerce,
Marine Business, Marine Industrial and Marine Apartment-Boatel and
Condominium Zoning Districts for a period of six months from the date
of enactment of this section.
C.
Notwithstanding the aforesaid, the Superintendent
of Buildings shall have the authority to issue building permits for
construction within the aforesaid districts, which construction is
minor or nominal in nature.
[Added 1-22-2007 by L.L. No. 1-2007]
A.
Intent. Pursuant to the authority of the Village Law
of the State of New York, and to curtail the large-scale overdevelopment
of the Village's residential neighborhoods, the Board of Trustees
is considering a plan to revise the Zoning Laws of the Incorporated
Village of Freeport by adopting a comprehensive change to its current
Zoning Code. Said comprehensive rezoning will involve the Residence
A, Residence AA, Business AA, Residence Apartment, Marine Residence
and Planned Unit Development Zoning Districts. Therefore, it is the
intent of this Board to withhold construction of single-family homes,
subdivision approval, and demolition permits (except in cases involving
threats to public safety) in the aforesaid districts until such time
as such comprehensive rezoning is completed or a plan is presented.
B.
The Superintendent of Buildings shall not issue permits
for the construction of single-family homes, subdivisions, and demolition
permits (except in cases involving threats to public safety) in Residenee
A, Residence AA, Business AA, Residence Apartment, Marine Residence
and Planed Unit Development Zoning Districts for a period of six months
from the date of enactment of this section.
C.
During the moratorium, renovations, additions, and
new construction will be allowed in Residence A, Residence AA, Business
AA, Residence Apartment, Marine Residence and Planned Unit Development
Zoning Districts, as follows:
(1)
The proposed renovation, addition, or new construction
does not result in the increase to the total floor area of the residence
so that it exceeds 1/2 the total lot area. For purposes of this section,
“floor area” is defined as all habitable floor area (including
bathrooms, kitchens, attached garages and mechanical rooms, basement
areas, etc., which are habitable under the New York State Building
Code by having sufficient means of egress, light and air).
(2)
The construction, renovations, and additions to accessory
buildings for the total floor area may not exceed 400 square feet
in Residence A and AA Districts, with a maximum ridge height of 18
feet.
(3)
The construction of interior renovations, site work
such as driveways, walks and landscaping, decks, fences, garden walls,
one-story porches, and marine bulkheading and dock work.
D.
This moratorium may be extended for an additional
one-year, in six-month increments, upon a resolution duly adopted
by the Board of Trustees of the Incorporated Village of Freeport.
E.
The imposition of this section shall not affect applications
for which approval has been granted prior to the effective date of
this section.
[Added 6-4-2007 by L.L. No. 3-2007]
A.
Intent. Pursuant to the authority of the Village Law
of the State of New York, and to curtail the placement of fencing
that jeopardizes waterway view corridors within the Village of Freeport,
the Board of Trustees is considering a plan to revise the Zoning Code
by adopting a comprehensive change to the provisions of the Zoning
Code relating to fencing. Therefore, it is the intent of the Board
of Trustees to withhold all permits for the placement, construction
or erection of all fencing in those yards abutting or adjacent to
canals and waterways within the Village of Freeport.
B.
The Superintendent of Buildings shall not issue permits
for the placement, construction or erection of all fencing in those
yards abutting or adjacent to canals and waterways within all zoning
districts within the Village of Freeport for an initial period of
six months from the enactment of this section.
C.
During the moratorium, applications for the placement,
construction or erection of fencing in those yards abutting or adjacent
to canals and waterways will be allowed in all Village zoning districts,
provided such proposed fencing is of an open design and is no more
than four feet in height.
D.
This moratorium may be extended for an additional
one year, in six-month increments, upon a resolution duly adopted
by the Board of Trustees of the Incorporated Village of Freeport.
E.
The imposition of this section shall not affect applications
for which approval has been granted prior to the effective date of
this section.
[Added 12-15-2008 by L.L. No. 5-2008]
A.
Intent. Pursuant to the authority of the Village Law
of the State of New York, the Board of Trustees is considering a plan
to revise the Zoning Laws of the Incorporated Village of Freeport
by adopting a comprehensive change to its Zoning Code. Said comprehensive
rezoning will involve the Business B District, located on Bedell Street,
between Smith and Raynor Streets, extending to portions of South Main
Street. Therefore, it is the intent of the Board of Trustees to withhold
the issuance of building, subdivision and/or demolition permits (except
in cases involving threats to public safety) until such time as such
comprehensive rezoning is completed or a plan is presented.
B.
The Superintendent of Buildings shall not issue permits
for construction, subdivision, building and/or demolition (except
in cases involving threats to public safety) within the Business B
District, located on Bedell Street between Smith and Raynor Streets,
extending to portions of South Main Street for a period of six months
from the date of the enactment of this section.
C.
This moratorium may be extended for an additional
period of one year, in six-month increments, upon a resolution duly
adopted by the Board of Trustees of the Incorporated Village of Freeport.
D.
The imposition of this section shall not affect applications
for which approval has been granted prior to the effective date of
this section.
E.
Provided that a request is not in contravention of
the intent of this section, the Superintendent of Buildings may consider
applications for minor repairs and/or alterations.
[Added 9-25-2017 by L.L.
No. 1-2017; amended 10-30-2017 by L.L. No. 2-2017]
A.
Intent.
Pursuant to the intent of the Village Law of the State of New York,
the Board of Trustees is considering a plan to revise the Zoning Laws
of the Incorporated Village of Freeport by adopting a comprehensive
change to its current Zoning Code along North Main Street, from Broadway
to the northern Freeport border. Said comprehensive rezoning is part
of the North Main Street revitalization project, which was begun in
2016. This comprehensive plan will involve the Service Business District.
Therefore, it is the intent of this Board to withhold construction
in the aforementioned district along North Main Street which will
be under consideration for zoning or rezoning. It is not the intent
of this section to prohibit the issuance of building permits by the
Superintendent of Buildings for construction within the aforesaid
districts, which construction is minor or nominal in nature.
B.
The Superintendent
of Buildings shall not issue permits for the construction of buildings
and demolition permits (except in the cases involving threats to public
safety) in the Service Building District on North Main Street running
from Broadway to the northern Freeport boarder for a period of six
months from the date of enactment of this section.
C.
Notwithstanding
the above, the Superintendent of Buildings shall have the authority
to issue building permits for construction within the aforesaid districts,
which construction is minor or nominal in nature.
D.
This
moratorium may be extended for an additional one year, in six-month
increments, upon a resolution duly adopted by the Board of Trustees
of the Incorporated Village of Freeport.
E.
The imposition
of this section shall not affect application for which, prior tot
he effective date of this section, approval has been granted and no
further action is required.
