This chapter shall be known and may be cited as the "Village of Massapequa Park Building Zone Ordinance."
The zoning regulations and districts as herein set forth have been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to provide adequate light and air, to prevent overcrowding of the land, to avoid undue concentration of population and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Village.
Generally. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements adopted for the promotion of health, safety, morals, comfort, convenience and the general welfare.
Lot, open space and yard areas. The lot, open space or yard areas required by this chapter for a particular building shall not be diminished and shall not be included as a part of the required lot, open space or yard area of any other building. If the lot, open space or yard areas required by this chapter for a particular building are diminished, the continued existence of such building shall be deemed a violation of this chapter. The lot, open space or yard areas of buildings existing on June 29, 1937, shall not be diminished below the requirements herein provided for buildings hereafter erected, and such required areas shall not be included as a part of the required areas of any building hereafter erected.
Wherever the requirements of this chapter are at variance with the requirements of any other adopted rules, regulations, codes or ordinances, the most restrictive or that imposing the higher standard shall govern.
Words used in the present tense include the future; the singular number includes the plural; the word "lot" includes the word "plot."
Certain words in this chapter are defined for the purpose thereof as follows:
- ACCESSORY STRUCTURE
- A building customarily incidental to the principal building
and located on the same lot as such principal building.[Added 3-14-2005 by L.L. No. 3-2005]
- ACCESSORY USE
- A use customarily incidental and accessory to the principal use or building and located on the same lot with such principal use or building.
- APARTMENT HOUSE
- A building arranged, intended or designed to be occupied by three or more families living independently of each other.
- Any structure other than a boundary wall or fence.
- The entire space under the ground floor and within the foundation walls of the main building and which shall have a headroom under floor beams of not less than seven feet six inches.
- ESTABLISHED GRADE
- The elevation of the street grade as fixed by the Village.
- (1) One of the following:
- (a) A group of people related by blood, marriage or legal adoption, living together in a dwelling unit, constituting a natural family; or
- (b) No more than three unrelated persons living together in a dwelling unit; or
- (c) Four or more persons living together in a dwelling unit who are not related by blood, marriage or legal adoption, who have overcome a presumption that they do not constitute a family by a determination that they are the functional equivalent of a natural family.
- (2) In determining whether a group of individuals is living together as the functional equivalent of a natural family, the following criteria must be present:
- (a) The group is one which, in appearance, structure and function, resembles a natural family.
- (b) The group must share the entire dwelling unit, including the cooking facilities, as a single housekeeping unit, use all rooms and housekeeping facilities in common and have access to all parts of the dwelling unit.
- (c) The group is permanent and stable. Evidence of such permanency and stability may include:
-  The presence of minor dependent children regularly resident in the household who are enrolled in local schools;
-  Members of the group have the same address for purposes of voter registration, driver's license, motor vehicle registration and filing taxes;
-  Members of the group are employed in the area; and
-  The group has been living together in the current dwelling unit, or elsewhere, for a continuous period of one year or more.
- (d) Any other factors which may be determinative of whether or not the group is the functional equivalent of a natural family.
- FILLING STATION
- A building or premises or portion thereof arranged, intended or designed to be used for the sale of gasoline or other motor vehicle, motorboat or airplane fuel.
- FRONT YARD
- An open, unoccupied space on the same lot with the building, between the front line of the building and the front line of the lot.
- A building or portion of a building arranged, intended or designed to be used for the storage of motor vehicles.
- HALF STORY
- An attic with sufficient height to allow construction therein of a room or rooms suitable for occupancy.
- HEIGHT OF A BUILDING OR PORTION OF A BUILDING
- Shall be measured from the average established grade at the
street lot line or from the average natural ground level, if higher,
or, if no street grade has been established, to the highest level
of the roof thereof. Where no roof exists or where there are structures
wholly or partly above the roof, the height shall be measured to the
highest point of such building or structure.[Amended 5-20-2013 by L.L. No. 3-2013]
- A parcel of land occupied or designed to be occupied by one building and the accessory buildings or uses customarily incident to it, including such open spaces as are arranged and designed to be used in connection with such building. A lot may or may not be the land shown as the lot on a duly recorded plot.
- LOT COVERAGE
- The aggregate of the entire horizontal-cross-sectional area,
including projections of the main building and any accessory structures
on the lot, except for pools. All uncovered porches, patios and decks
where the maximum height above grade is less than 18 inches are excluded.[Added 3-14-2005 by L.L. No. 3-2005; amended 2-11-2008 by L.L. No. 2-2008]
- MOTOR VEHICLE REPAIR SHOP
- A building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles, motorboats or airplanes.
- ONE-FAMILY DWELLING
- A dwelling occupied by no more than one family and shall
exclude lodgers, boarders, fraternities or multiple families.[Added 6-8-1981 by L.L. No. 3-1981]
- OPEN SPACE
- An open, unoccupied space on the same lot with a building.
- OPERATING AS A SINGLE HOUSEKEEPING UNIT
- Interpreted by the court as having no doors within the housekeeping
unit. The applicant must file a notarized statement indicating the
chain of relationship and appear before the Zoning Board of Appeals
for approval. The Zoning Board will determine if it wants legal publication;
if so, then the charge for publication can be transferred to applicant.[Added 6-8-1981 by L.L. No. 3-1981; amended 1-7-1991 by L.L. No. 1-1991]
- REAR YARD
- An open, unoccupied space on the same lot with a building, between the rear line of the building and the rear line of the lot.
- SIDE YARD
- An open, unoccupied space on the same lot with the building, situated between the building and the side line of the lot and extending through from the street or from the front yard to the rear yard or to the rear yard line of the lot. Any line not a rear line or a front line shall be deemed a side line.
- SINGLE-FAMILY DWELLING
- A building arranged, intended or designed for residence use only and for occupancy by one family only.
- STREET LINE
- The dividing line between the street and the lot.
- TWO-FAMILY DWELLING
- A building arranged, intended or designed for residence use only and for occupancy by two families only, living independently of each other.
- TWO-STORY BUILDING
- Consists of two stories, the second of which shall have an attic on top and shall have full headroom space of not less than 75% of the minimum ground floor area prescribed in the respective zones for such building.
Zoning regulations and districts as herein set forth are hereby established and approved. No building or land shall be used and no building shall be erected or structurally altered except in conformity with the regulations herein prescribed.
For the purposes of this chapter, the Village is hereby divided into: Residential A District, which is the residential area north of Merrick Road; Residential AA District, which is the residential area south of Merrick Road; Business G District; and Business GG District.
The boundaries of said districts shall be as shown upon the map which is designated as the "Zoning Map of the Village of Massapequa Park, New York, as amended." Said Map and all notices, references and other things shown thereon and therein are hereby adopted and incorporated by reference and shall be and are as much a part of this chapter as if the matters and things shown on and by said map were all fully described herein.
Editor's Note: The Zoning Map is on file in the office of the Village Clerk, where it can be examined during regular office hours.
District boundaries. When definite distances in feet are not shown on the Zoning Map, the district boundaries on the Zoning Map are intended to be along existing streets, alleys or property lines or extensions of or from the same. When district boundaries are not on street or lot lines but are indicated as being a given distance from a certain street line, they shall be parallel to the street line or extension thereof from which the distance is given, unless otherwise indicated. When a district boundary is shown as being in any body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the Village, unless otherwise indicated. When the location of a district boundary line is not otherwise determined, it shall be determined by the scale of the map measured from a given line.
Street layout. Where the street layout actually on the ground varies from the street layout as shown on the Zoning Map, the Zoning Board of Appeals may apply the designation shown on the mapped streets in such a way as to carry out the intent and purpose of this chapter for the particular area in question.