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Village of Freeport, NY
Nassau County
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Table of Contents
Table of Contents
The following regulations shall apply in all Residence A Districts.
[Amended 4-13-1970; 7-12-1971; 11-22-1971; 2-28-1977 by L.L. No. 3-1977; 8-29-1977 by L.L. No. 14-1977; 5-12-2008 by L.L. No. 3-2008]
The following uses are permitted:
A. 
All uses permitted in Residence AA Districts.
B. 
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.
C. 
Boat mooring or docking.
(1) 
The mooring or docking of boats at property abutting upon any canal or waterway; provided, however, that all boats so docked shall comply with the terms and provisions of §§ 205-14 through 205-18 of Chapter 205, Waterfront Properties and Watercraft.
(2) 
Nothing contained herein shall be deemed to permit in a zoned residential district the docking or mooring of a commercial, charter, open party or similarly used boat or the loading or unloading of cargo or the embarking or disembarking of passengers, or to permit the sailing to or from property in such a district of a commercial, charter, open party or similarly used boat with its cargo, charter, party or passengers. For the purposes of this subsection, a "charter" or "open party" boat shall only be considered as such when embarking, disembarking or carrying passengers and/or when loading or unloading cargo or supplies.
D. 
Dock rental.
(1) 
The renting of dock space for boats, provided that the total number of boats for which such dock space is rented does not exceed the number of boats permitted to be docked within the provisions of §§ 205-14 through 205-18 of Chapter 205, Waterfront Properties and Watercraft, and further provided that in no event shall the number of boats for which dock space is rented exceed, in number, one boat to each 30 linear feet of said property abutting upon or running parallel to the bank of any canal or waterway when the provisions of §§ 205-14 through 205-18 require parallel docking or mooring to the bank of said canal or waterway.
(2) 
Nothing hereinabove contained shall be deemed to permit the renting or offering for rent of such dock space for boats on any unimproved property abutting upon any canal or waterway.
A. 
Any use not herein specifically permitted is prohibited.
B. 
Garage space or parking space may be provided for not more than three automobiles, one of which may be a commercial vehicle with a rated capacity of not more than 1 1/2 tons, except that no vehicle or accessory thereto, other than a pleasure car, may be stored outdoors.
[Added 6-21-1971; amended 9-29-1986 by L.L. No. 10-1986]
C. 
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.
[Added 2-28-1977 by L.L. No. 3-1977]
D. 
Tattoo parlors are prohibited.
[Added 5-23-1983 by L.L. No. 11-1983]
[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.
B. 
The following sky exposure planes shall apply:
(1) 
Along front and rear property lines, a SEP pitch of one unit vertical to one unit horizontal.
(2) 
Along side property lines, a SEP pitch of two units vertical to one unit horizontal.
C. 
Superintendent of Buildings authority.
[Added 7-8-2013 by L.L. No. 2-2013]
(1) 
The Superintendent of Buildings shall have the authority to waive the provisions of this section for those homes located within the AE flood zone where mitigation activities are ongoing. For purposes of this subsection, "mitigation activities" is defined as being the elevation of structures, demolitions and rebuilds.
(2) 
New entrances, staircases, and/or staircases for electric meter maintenance will be permitted, and subject to this subsection, provided that all appropriate zoning and planning approvals have been obtained.
(3) 
This subsection shall not apply to extensions and/or dormers and/or exterior alterations where mitigation efforts have not been undertaken.
[Amended 4-8-1968]
No building shall be erected on a lot whose area is less than 5,000 square feet and on any lot which has a street frontage of less than 50 feet and on any lot whose width is less than 50 feet at a point between the side lines from the front property line to the rear building line of the proposed structure.
[Amended 5-12-2008 by L.L. No. 3-2008]
The principal building on any lot shall not cover more than 30% of the lot area, and no more than an additional 10% of the total area of the lot may be used for the erection of an accessory building(s) and/or detached garage with the aggregate maximum lot coverage of said accessory building(s) and/or detached garage to be limited to a maximum of 500 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 porch to be limited to a maximum of 250 square feet. The floor area of the principal building shall not exceed a floor area ratio of 50% of the lot area.
There shall be a minimum floor area of 800 square feet in every dwelling.
[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 40 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 five 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 15 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.