[Added 6-26-2000 by L.L. No. 13-2000[1]]
[1]
Editor's Note: This local law also exempted
certain residences from its provisions. A complete list of the owners,
addresses and uses is on file in the Village offices.
[Amended 12-22-2003 by L.L. No. 13-2003]
A.
The provisions set forth in this article are intended to encourage limited office development of a high character and low community impact that will be visually and aesthetically compatible with adjoining single-family residences and residential neighborhoods. This article applies when the owner of the premises is a professional, as set forth in § 345-64C, who does not reside in the premises, as well as when the premises are used by the professional as a home-office combination.
B.
Notwithstanding the above, anyone who, prior to the
effective date of this article, has established a professional office
where the owner of such professional office does reside in the dwelling
house shall not be required to comply with this article until he or
she sells or transfers the dwelling house, at which time the new owner
must comply with this article.
With a residential-office designation, no building
or premises shall be used and no building shall be hereafter erected,
altered or added to unless otherwise provided in this article, except
for one or more of the following provisions:
A.
Single-family dwelling.
B.
Church or school.
C.
Professional office.
(1)
Office of a physician, lawyer, dentist, accountant,
chiropractor, podiatrist or engineer duly licensed by the State of
New York to practice as such, provided that such office is located
in the dwelling or house owned by said professional.
(2)
Said professional must conduct his practice at the
subject premises, but it is not required that the professional reside
in the subject premises as his private residence.
(3)
Said professional shall not be allowed to rent the
premises for a professional use set forth in this subsection to some
other professional other than himself or a professional corporation
or a limited partnership or a limited corporation in which he is the
sole and only professional named in said certificate of incorporation
of the profession enumerated in this article.
D.
No building, however, shall be constructed or altered
to provide a show window, display window or storefront.
In any residential district, the following uses
shall be permitted, provided that they are accessory to an authorized
use:
B.
An announcement sign as an accessory to the following
uses only and subject to the following limitation: In connection with
an authorized professional occupation carried on by a person residing
on the premises, there may be displayed a small nameplate with a simple
statement of the profession or the nature of the profession. The nameplate
must be on a sign in conformity with the Village Sign Law.[1]
C.
Office of a physician, dentist, lawyer, accountant,
chiropractor or podiatrist, provided that such office is located in
the dwelling owned by the professional person or professional corporation
but is not his place of residence.
D.
Any customary home occupation, provided that the same
is carried on in a dwelling occupied as a private residence by the
person carrying on such home occupation and provided, further, that
approval thereof is obtained from the Board of Trustees of the Incorporated
Village of Massapequa Park.
The number of persons working in any building
or in any premises with residential-office designation shall not exceed
one person per each 200 square feet of usable office space. The number
of persons working in any building or in any premises shall include
professional persons, associates, partners, employees and any and
all other persons, regardless of title, who are engaged in pursuing
the use to which the premises are being put.
With a residential-office designation, all uses
and signs shall be subject to site plan and aesthetic approval by
the Village Board of Trustees of the Incorporated Village of Massapequa
Park in accordance with the terms and provisions of this article.
After a review of the site plan, the Board of Trustees may issue such
reasonable restrictions, covenants or conditions as it may deem in
the public interest.
With a residential-office designation, any building
or addition to a building or structure shall be designed and constructed
in such fashion so as to be aesthetically compatible with the design
of the neighboring conventional single-family dwellings.
With a residential-office designation, no building
shall be erected on a lot having an area of less than 8,000 square
feet, and no existing building shall be altered on a lot having an
area less than 6,000 square feet.
With a residential-office designation, no building
shall be erected or altered to exceed a height of 30 feet or two stories,
whichever is less.
With a residential-office designation, no building
hereafter erected or altered shall have a depth of front yard less
than 25 feet. If, on the same side of the street, 40% or more of the
total street line distance between the two nearest intersecting street
lines shall have been improved with two or more buildings, or in the
event that building permits shall have been issued therefor, not less
than the average depth of front yard as so established by such existing
or permitted buildings shall be maintained; provided, however, that
any such front yard depth shall not be required to be more than 30
feet. In the event of a corner or double frontage lot, the required
front yard shall be provided on all streets.
With a residential-office designation, there
shall be two side yards, one on each side of the building. The total
of the widths of both side yards shall be not less than 15 feet, and
neither side yard shall be less than five feet wide, except that where
such property line coincides with a residence district boundary, such
side yard distance shall be increased to 10 feet. Where a side yard
of less than 10 feet is maintained, no entrance may be provided on
that side of the building.
With a residential-office designation, there
shall be a rear yard having a minimum depth of 25 feet, except that,
where such rear property fine coincides with a residence district
boundary, such distance shall be increased to 35 feet.
With a residential-office designation, the sum
of all areas covered by buildings and all parking areas shall not
exceed 60% of the area of the lot.
A.
With a residential-office designation, the following
encroachments upon required yard areas are permitted:
(1)
Cornices, eaves, gutters, chimneys or bay windows
projecting not more than 24 inches.
(2)
One-story open porches and terraces not exceeding
three feet in height, projecting not more than six feet into a front
or rear yard.
(3)
One-story enclosed vestibules not greater than six
feet wide and five feet deep into the front yard.
B.
In any case where the Zoning Board of Appeals has
diminished a required yard by a variance, none of the foregoing encroachments
shall be permitted into such diminished yard.
A.
With a residential-office designation, no building
shall be hereafter erected, altered or added to unless:
(1)
Off-street parking shall be provided at a ratio of
one space for each 200 square feet of usable floor space, exclusive
of common hallways, bathrooms, mechanical rooms, maintenance rooms,
storage and other similar service facilities.
(2)
In any case where property is classified and used
for a purpose authorized under this article and is contiguous to or
abuts any property classified for residential purposes, no off-street
parking area or driveway shall be located less than five feet from
such property line.
(3)
Off-street parking may be provided in the driveway
portion of the front, side and rear yards. Tandem parking may be permitted,
subject to approval by the Village Board of Trustees of the Village
of Massapequa Park.
B.
In order to provide for the development of property
in the manner and to the degree intended herein, the Village Board
of Trustees of the Village of Massapequa Park may waive any or all
off-street parking requirements and/or may require any number of parking
spaces up to the number required by this article either on the premises
or on a separate lot determined by said Village Board of Trustees
to be convenient therefor, which will, in the opinion of the Village
Board of Trustees, reasonably or adequately alleviate undue traffic
and street curb parking congestion.
C.
No truck loading facilities shall be permitted.
With a residential-office designation, the entire
lot, except for areas covered by building or surfaced for parking,
shall be suitably landscaped. All landscaping shall be properly maintained
throughout the life of any use on said lot.
