Village of Freeport, NY Residence Apartment Districts

The following regulations shall apply to all Residence Apartment Districts.

[Amended 11-28-1966; 7-11-1967]

The following uses are permitted:

All uses permitted in Residence AA and Residence A Districts.

Apartments may be used as offices by persons practicing recognized professions such as medicine, dentistry, physiotherapy and the like. No more than 10% of the apartment units in any structure may be used for this purpose.

Professional buildings for the use of persons in the practice of such professions as medicine, dentistry, physiotherapeutics and like callings, within the generally accepted concept of the term.

Hotels, motels and boatels as defined in § 210-3, anything hereinafter contained to the contrary notwithstanding.

Clubs and lodges, except those whose chief activity is a service customarily carried on as a business or primarily for gain. Clubs and lodges may operate dining rooms provided that such operation is incidental to the activities of the organization.

§ 210-46 Prohibited uses.

[Amended 2-28-1977 by L.L. No. 3-1977]

Any use not herein specifically permitted is prohibited.

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.

Tattoo parlors.

[Added 5-23-1983 by L.L. No. 11-1983]

§ 210-47 Building height.

[Amended 11-28-1966]

Generally. 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, and apartment houses shall not exceed 32 feet in height nor have more than 2 1/2 stories, including the basement.

Applicability. 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.

§ 210-48 Lot area; apartments.

[Amended 11-28-1966]

No one-family dwelling shall be erected unless it conforms to all of the regulations contained in Article V, Residence A Districts; and no apartment house shall be erected on a lot whose area is less than 15,000 square feet or which provides less than 990 square feet of lot area per apartment unit.

§ 210-49 Lot coverage.

One-family dwellings. A one-family dwelling shall not occupy more than 30% of the area of the lot, plus an additional 10% for the erection of a garage as provided in the Residence A District.

Apartments. An apartment house shall not occupy more than 40% of the area of the lot, including accessory buildings or structures.

Open space. Open space, out-of-doors and uncovered, shall be provided at the ratio of at least one square foot of open space to each two square feet of residential floor area which excludes the basement or cellar.

[Added 11-28-1966]

Open recreation space. Open recreation space, out-of-doors, shall be provided on the basis of 1/6 of the open space requirement in a single contiguous area other than the front yard. This requirement is a part of the open space requirement. Open recreation space shall use a portion of the open space required by Subsection C above.

[Added 11-28-1966]

§ 210-50 Minimum floor area.

[Amended 11-28-1966]

There shall be a minimum floor area of 600 square feet per apartment unit in apartment houses.

§ 210-51 Required yards.

Yards of the following minimum depth or width shall be provided:

Front yard depth: the average front yard depth of existing buildings on the same side of the street in the same block and within 200 feet of each side of the lot; if there are no existing buildings as aforesaid, the average front yard depth of existing buildings on the opposite side of the street in the same block and within 200 feet of the lines projected from each side of the lot; in no event, less than 25 feet;

Side yard width: 20 feet;

Rear yard depth: 20 feet:

provided, however, that the width of each side yard for any one-family dwelling in this district shall be the same as hereinbefore provided in the Residence A District.

§ 210-52 Parking space for apartment buildings.

[Amended 11-9-1981 by L.L. No. 17-1981]

Parking space shall be provided as set forth in § 210-172.

§ 210-53 Basement or cellar use.

Uses prohibited. With the exception of one apartment in the basement of an apartment house, actually occupied by the building superintendent and his immediate family, no basement, cellar or half story in an apartment house shall be used for persons to live in or sleep or for professional or business purposes or for any purpose except housing the mechanical and heating apparatus to serve the structure and for storage as an accessory use by tenants.

Uses permitted. The basement and cellar may be used for lobbies, for recreational facilities, for parking tenants' vehicles, for machines to launder and dry linens and wearing apparel, utilizing only water as a liquid and as an accessory to the laundering and cleaning process, and if otherwise permitted by law, for coin vending machines for the use and convenience of the tenants of the apartment house only.

§ 210-54 Front yards of apartment buildings.

With the exception of the necessary driveways, walks and entrance areas, the front yard of any apartment house shall be fully graded, landscaped and continuously maintained in a neat and orderly fashion, and no portion of the said front yard shall be used for parking automobiles or other vehicles or storing articles of any kind.

§ 210-55 Lighting and ventilation of apartments.

Every room in an apartment house in which persons live, sleep, work or congregate, including kitchens, but excluding air shafts, elevator shafts, hallways and stairways, shall be adequately and naturally lighted and ventilated by at least on (1) window opening directly upon a street, yard or court which is located on the same lot, and such yard or court shall have an unobstructed exit to the street.

§ 210-56 Interpretation.

Any ordinance or part of any ordinance inconsistent with the provisions of this article regulating apartment houses is hereby repealed; provided, however, that such repeal shall be effective only to the extent of such inconsistency, and that in all ether respects the provisions of this article shall be cumulative of other ordinances regulating and restricting apartment houses, and the more restrictive shall be effective.