[Added 10-22-2001 by L.L. No. 4-2001]
The following regulations shall apply to those
properties situated in the following described area:
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Beginning at a point where the southerly side
of West Sunrise Highway intersects with the easterly side of Church
Street; running thence south along the easterly side of Church Street
to its intersection with the northerly side of West Merrick Road;
running thence east along the northerly side of West Merrick Road
continuing to East Merrick Road, to its intersection with the westerly
side of Henry Street; running thence north along the westerly side
of Henry Street to its intersection with East Sunrise Highway; running
thence west along the southerly side of East Sunrise Highway continuing
to West Sunrise Highway to the point of beginning.
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In addition to the uses permitted in a Business B District, the Board of Trustees may authorize by special permit, after a public hearing, the construction, renovation and use of the buildings located within the overlay district described in § 210-261 of this article for retail or commercial space on the ground floor and professional live/work space upon upper floors. The parking requirements for such uses shall be as provided for in § 210-172 of the Code of the Village of Freeport unless waived or reduced by the Board of Trustees pursuant to § 210-265 of this article.
A.
For purposes of this article, "professional live/work
space" shall be defined as a distinct section or unit of a building
in which an artist or professional work studio or office is located
with ancillary living space for the occupant of the work space not
to exceed 33% of the floor area of the section or unit.
B.
For the purposes of this article, the "rear portion"
of the building shall not comprise more than 35% of the total floor
area of the ground floor, and the front portion of the building shall
be that portion of the building that has public access opening onto
Main Street. The rear portion of the building shall be that portion
of the building that fronts either Church Street, or Henry Street,
or a municipal parking lot.
Unless otherwise set forth herein, ground-floor uses of any building shall be governed by the use regulations applicable to the underlying district, except that the Board of Trustees may authorize the use of the rear portion of any building, as defined hereinabove at § 210-263 of this article, for the base floor of a live/work duplex unit, provided the work portion of such unit is located on the ground floor.
The Board of Trustees shall be authorized to permit construction upon an entire lot without respect to front, rear and side yard setbacks which would otherwise be applicable. Additionally, in the event that the Board of Trustees finds that there are sufficient public or private spaces available to serve the building, the Board may waive or reduce the number of parking spaces required for the building from the parking under the requirements of § 210-172. In all such cases, however, said public and/or private parking shall be located within 200 feet of the applicant's building.
In the event that the floor area of the entire building exceeds 5,000 square feet and contains at least five live/work units, a superintendent apartment may be permitted on the ground floor in order to service the building. In such event, such apartment shall be located in the rear portion of the building and shall be included in the calculation of 35% of floor area provided for in § 210-263 of this article.
Before the approval of the permit application
shall be given, the Board of Trustees shall determine that:
A.
The use will not prevent the orderly and reasonable
use of adjacent properties or of properties in adjacent use districts.
B.
The use will not prevent the orderly and reasonable
use of permitted or legally established uses in the district wherein
the proposed use is to be located or of permitted or legally' established
uses in adjacent use districts.
C.
The safety, the health, the welfare, the comfort,
the convenience or the order of the Village will not be adversely
affected by the proposed use and its location.
D.
The use will be in harmony with and promote the general
purposes and intent of this chapter.
In making such determination pursuant to this
chapter, the Board of Trustees shall give due consideration to the
following factors:
A.
The conservation of property values and the encouragement
of the most appropriate uses of land.
B.
The effect that the location of the proposed use may
have upon the creation or undue increase of vehicular traffic congestion
on public streets or highways.
C.
The availability of adequate and proper public or
private facilities for the treatment, removal or discharge of sewage,
refuse or other effluent, whether liquid, solid, gaseous or otherwise,
that may be caused or created by or as a result of the use.
D.
Whether the use or materials incidental thereto or
produced thereby may give off obnoxious gases, odors, smoke or soot.
E.
Whether the use or equipment, tools or supplies associated
therewith will cause disturbing emission of electrical discharges,
dust, light, vibration or noise.
F.
Whether the operations in pursuance of the use will
cause undue interference with the orderly enjoyment by the public
of parking or of recreational facilities, if existing or if proposed
by the Village or by other competent governmental agency.
G.
Whether a hazard to life, limb or property, because
of fire, flood, erosion or panic, may be created by reason or as a
result of the use or by the structures to be used therefor or by the
inaccessibility of the property or structures thereon for the convenient
entry and operation of fire and other emergency apparatus or by the
undue concentration or assemblage of persons upon such plot or in
the public ways adjacent thereto.
H.
Whether the use or the structures to be used therefor
will cause an overcrowding or over-intensification of use of land
or undue concentration of population.
I.
Whether the plot area is sufficient, appropriate and
adequate for the use and the reasonably anticipated operation and
expansion thereof.
The Board of Trustees shall, in granting such
special use permits, impose such conditions and safeguards as it may
deem appropriate, necessary or desirable to preserve and protect the
spirit and objectives of this chapter. Such safeguards may, in each
case, include biannual inspections of the subject premises by the
Superintendent of Buildings to ensure compliance with such conditions,
safeguards imposed and provisions of this article. Upon a finding
made not less than 10 days after due, written notice to the interested
parties and an opportunity to be heard, that any such condition or
safeguard imposed or provision of this article has been violated,
the Board of Trustees may, by resolution, revoke said special use
permit.
A special use permit issued hereunder shall
be deemed to authorize only the particular use or uses specified in
the permit and shall be revoked if actual use violates the term of
the permit or the provisions of this article, or said use or uses
shall cease for more than 12 months for any reason, unless prior to
that time an extension has been granted by the Board of Trustees,
or if all required improvements arc not completed within 12 months
from the date of issue of said special use permit, unless prior to
that time an extension has been granted by the Board of Trustees.
The Village Clerk shall make appropriate rules
as to the content and manner of filing of the applications to the
Board of Trustees for special use permits provided for hereunder.
The Board of Trustees hereby establishes $500 as the fee payable by the applicant upon making an application to the Board of Trustees for a special use permit. The Board of Trustees may, by resolution, adopt and from time to time hereafter amend a schedule of fees payable by an applicant upon making application to the Board of Trustees for a special use permit and for the annual compliance inspection provided for in § 210-270 of this chapter.
Any person aggrieved by the decision of the
Board of Trustees upon any application for a special use permit as
provided in this chapter may seek redress in accordance with the provisions
of Article 78 of the Civil Practice Law and Rules of the State of
New York.
If any provision of this chapter is held to
be unconstitutional or invalid by any court, the remaining provisions
of this chapter shall not be invalidated.
