The following regulations shall apply in all
Marine Industries Districts.
[Amended 10-20-1975 by L.L. No. 9-1975]
A building may be used, erected or altered and
a lot may be used for any of the following purposes and no other:
A.
Offices, clubs, hotels, motels and boatels, as defined in § 210-3, anything hereinafter contained to the contrary notwithstanding; the sale and display of new or used boats, marine supplies, the sale of engines, parts, marine electronic equipment, fishing supplies and sporting equipment for use with or in conjunction with boats.
D.
The manufacture, construction, repair and maintenance
of boats in and out of water.
E.
The assembly of marine-related equipment and the repair
of boating engines and their accessories and electrical equipment,
including machine shops predominantly devoted to marine equipment,
and incidental light manufacturing related to such activities, provided
that all such activities are conducted in enclosed buildings.
[Amended 11-10-1986 by L.L. No. 12-1986]
F.
The sale of fish and shellfish either at retail or
wholesale, the refrigerated storage of fish and the conducting of
commercial fishing, including the docking, loading and unloading of
fishing boats.
G.
The storage of equipment for boats and the fishing
industry in open lots.
H.
Restaurants, bars and grills and assembly halls.
I.
The sale of food.
J.
The rental of docking space, lockers, dressing rooms
and rest rooms as an accessory use to the rental of dock space and
the renting of facilities for either private charter or open party.
K.
Residential use.
(1)
Residential use limited. One apartment may be erected
or maintained in connection with any commercial or mercantile building,
for the sole use and occupancy of the caretaker or the proprietor
of the establishment. Such apartment shall have a minimum of 600 square
feet of residential floor area and shall comply with all Village ordinances.
(2)
Existing residence deemed conforming. Any residence
building existing at the time of the adoption of this chapter shall
be deemed a conforming use. It may thereafter be repaired, maintained
or replaced if destroyed; provided, however, that such residence shall
not be enlarged nor, except as a residence, may it or the premises
upon which it is situated be used for any purpose other than such
as is permitted hereunder.
L.
All business, manufacturing and industrial uses heretofore
in effect on the date of the adoption of this section shall be permitted
in existing structures, and the structures housing such uses may be
maintained, repaired, altered and extended within the property lines
as now constituted and for such manufacturing and industrial uses.
However, if such structure has deteriorated or been damaged beyond
75% of its replacement value, such building may not be repaired or
rebuilt without conforming to the uses designated as permitted herein.
M.
Upon the grant of a special use permit pursuant to Chapter 215 of the Code of the Village of Freeport, and provided that the use will not displace a water-dependent use, all businesses engaged in high technology, products, employee training and conference/seminar centers which are technology based and growth oriented such as:
[Added 11-8-1999 by L.L. No. 14-1999]
The following uses are prohibited:
A.
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, welfare, peace, health or safety of the community,
or that tends to create a public disturbance or annoyance.
B.
Any use not specifically permitted shall be prohibited.
D.
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.
[Added 6-27-1977 by L.L. No. 12-1977; amended 4-28-1980 by L.L. No. 4-1980; 8-11-1980 by L.L. No. 14-1980]
[Amended 11-10-1986 by L.L. No. 13-1986]
No building or structure shall exceed 40 feet
in height or have more than three stories, except that such height
restrictions shall not apply to a flagpole, a water tank, an elevator
or stair bulkhead, an antenna for radio or television purposes or
a crane or derrick used for marine purposes. Height shall be measured
from the average level of the street curb grade to the highest point
of the building.
Every structure shall be so situated on its
lot as to provide front and rear yards of not less than five feet
in width and one side yard not less than 10 feet in width, except
where such lot has a width of 40 feet or less, in which case no side
yard is required, and except along streets where greater setbacks
have been established. No rear yard shall be required where the rear
yard of the lot abuts on a canal or waterway and the said lot has
a depth of less than 60 feet.
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.
Every nonresidential building hereinafter erected
on a lot whose area 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.
[Amended 11-9-1981 by L.L. No. 20-1981]
Parking space shall be provided as set forth in § 210-172.
[Amended 10-5-1970]
A.
No plot fronting on navigable water shall be used
for any dwelling or business purposes, nor shall a permit be issued
for the erection, addition, alteration or improvement of any structure
until an approved bulkhead has been erected for the full width of
the plot. All bulkheads erected under the foregoing provisions shall
be maintained and kept in good state of repair at all times.
B.
In case of legal or justified hardship due to weather
conditions or otherwise, the superintendent of buildings shall have
the power to accept a performance bond, of the type approved by the
Village Counsel and in the amount set by him, or a cash bond in the
amount set by him, for the installation of the approved bulkhead within
a reasonable period of time not to exceed six months in any case.
No business shall be conducted with the public
on any plot or within any structure unless there shall have been provided
legal refuse and garbage receptacles and adequate toilet and washing
facilities for the use of the customers.