[Added 8-31-1987 by L.L. No. 6-1987]
The following regulations shall apply in the
Historical Preservation District and, except as otherwise noted, shall
supersede the other provisions of this chapter.
No lot, plot or parcel of land shall be placed
in a Historical Preservation District unless the buildings and structures
thereon shall have been designated as a landmark by the Village of
Freeport.
A building or structure may be altered in accordance with the provisions of this article, except that any existing building or structure designated a landmark by the Village of Freeport shall only be altered in accordance with the requirements of the Village's Landmarks Preservation Law contained in Chapter 134 of this Code.
A.
A building may be used, erected or altered and the
lot may be used for any of the following purposes and no other:
(1)
Apartment houses, condominiums and cooperatives. Apartments
or dwelling units in such apartment houses, condominiums and cooperatives
may be used for residential purposes to the same extent as in any
residential district or as offices by persons practicing recognized
professions, such as medicine, law, dentistry, physiotherapy and the
like, provided that no more than 15% of the apartments or dwelling
units in any structure may be used for such office purpose.
(2)
Assembly halls as an ordinary accessory use thereto.
(3)
Swimming pools, provided that they are accessory to
the foregoing uses.
(4)
Elementary public schools, parochial schools, private
schools and high schools and institutions for higher learning.
(5)
Public libraries, museums and cultural and fine arts
centers.
(6)
Public parks and playgrounds and other municipal recreation
uses.
(7)
Offices and professional buildings and banks.
(8)
Hospitals, sanatoriums and nursing homes.
[Added 11-15-1993 by L.L. No. 4-1993]
(9)
All other uses which, in the opinion of the Board of Appeals, upon application thereto as provided under Article II hereof, are of the same general character as though specifically permitted herein, it being the intent and the spirit of this chapter to encourage in this district buildings and structures having residential, social, civic, cultural, religious, educational and fraternal use, together with office and professional buildings, as distinguished from the retail sale of goods or the furnishing of services other than those of recognized professions.
[Amended 11-15-1993 by L.L. No. 4-1993]
B.
The following uses are prohibited.
(1)
Any use not herein specifically permitted is prohibited.
(2)
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.
A.
All buildings and structures shall be limited to 72
feet in height and shall have no more than five stories.
[Amended 11-15-1993 by L.L. No. 4-1993]
B.
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, stage tower or any noncommercial
television or radio aerial or satellite dish.
No apartment house, condominium or cooperative
shall be used as herein provided on a lot whose area is less than
15,000 square feet or which provides less than 1,452 square feet of
lot area per apartment or dwelling unit.
A.
Apartments, condominiums or cooperatives. An apartment
house, condominium or cooperative building or structure shall not
occupy more than 30% of the area of the lot, including accessory buildings
or structures.
B.
Open space. Open space, out of doors and uncovered
except for the open-air parking of motor vehicles at grade level,
shall be provided at the ratio of at least one square foot of open
space to each one square foot of residential floor area, excluding
the basement.
C.
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 constitute a portion of the open space required by Subsection B above.
There shall be a minimum floor area of 600 square
feet per apartment or dwelling unit in such apartment houses, condominiums
or cooperatives.
A.
Any building or structure designated a landmark or
as part of a landmark site by the Village of Freeport shall have no
minimum yard depth or width; however, the depth or width of such existing
yards shall not be subsequently diminished from that which existed
at the time of designation as a landmark or landmark site.
B.
Any new building or structure situated on a landmark
site or any additions to a building or structure designated as a landmark
or as part of a landmark site shall provide yards of the following
minimum depth or width:
(1)
Front yard depth equals 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.
(3)
Rear yard depth: 20 feet.
C.
For purposes of this article, the prohibitions against the use of a front yard for the open-air parking or storage of motor vehicles contained in § 210-6D shall not apply, provided that said parking or storage area is at grade level, excludes commercial vehicles and is needed in order to meet the applicable parking requirements contained in § 210-172. Furthermore, for purposes of this article, the requirement of § 210-6G with respect to keeping all front, side and rear yards open and unobstructed shall not prohibit such parking or storage of motor vehicles under the conditions hereinabove stated.
Required parking spaces shall be provided as set forth in § 210-172.
A.
Uses prohibited. With the exception of one apartment
in the basement of an apartment house, condominium or cooperative,
actually occupied by the building superintendent and his immediate
family, no basement, cellar or half story in an apartment house, condominium
or cooperative shall be used for persons to live in or sleep in or
for professional or business purposes or for any purpose, except housing
mechanical and heating apparatus or to serve the structure for storage
as an accessory use by tenants or for a use as hereafter permitted.
B.
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, which
utilize 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, condominium or cooperative only.
With the exception of the necessary driveways,
parking areas, walks and entrance areas, the front yard of any apartment
house, condominium or cooperative shall be fully graded, landscaped
and continuously maintained in a neat and orderly fashion.
