Village of Massapequa Park, NY
Nassau County
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Table of Contents
Table of Contents

§ 345-27 Height.

A. 
No building in any district shall be erected to a height in excess of 30 feet.
[Amended 7-28-1997 by L.L. No. 10-1997]
B. 
In any residential district, no main building hereafter erected shall be of a height less than the equivalent of a one-and-a-half-story building.
C. 
A detached garage erected as an accessory structure or any other detached accessory structure shall not be higher than a maximum of 15 feet, and the vertical walls of said garage or accessory structure shall not exceed 10 feet in height. The garage or the accessory structure shall not exceed 250 square feet for a one-car garage and 500 square feet for a two-car garage.
[Amended 4-9-1984 by L.L. No. 3-1984]
D. 
The walking surface of all external stairways, decks, patios or similar structures erected or constructed or renovated in any business or residential area of the Incorporated Village of Massapequa Park shall not exceed five feet in height above the grade level of the real property.
[Added 5-21-1984 by L.L. No. 7-1984; amended 11-24-1986 by L.L. No. 8-1986]
E. 
Exceptions.
(1) 
In any district, any portion of a building may be erected to a height in excess of the foregoing limits, provided that the plans therefor have been approved by the Zoning Board of Appeals.
(2) 
The provisions of this section shall not apply to restrict the height of a church tower, spire or belfry or of a flagpole, wireless tower, monument, chimney, water tank or elevator bulkheads or of a stage tower or scenery loft.
(3) 
Nothing in these regulations shall apply to prevent the erection above the height limit of a parapet wall or cornice for ornament and without windows, extending such height limit not more than five feet.

§ 345-28 Lot and building area; windows and courts.

A. 
Areas of lots and buildings. For buildings hereafter erected, the minimum lot area for each dwelling house, exclusive of accessory buildings, garages, porches or other buildings appurtenant thereto, shall be as follows:
(1) 
Residential districts. In Residential A Districts and except as otherwise provided in the Residential AA District, the minimum lot area shall be 8,000 square feet, and each lot shall have at least 80 feet in the front and rear and shall be at least 100 feet in depth on both sides.
[Amended 12-27-1999 by L.L. No. 15-1999]
(2) 
Residential AA District. In the Residential AA District, 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 between the two nearest intersecting street lines there shall have been erected a building with less than a thirty-foot setback, the front yard depth shall be in conformity with the setback established by the existing buildings.
[Amended 6-19-1967]
(3) 
Business G District. In a Business G District, the main building shall cover not less than 600 square feet of ground floor space and shall not be less than 1 1/2 stories.
(4) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(4), regarding special permit uses, was repealed 12-27-1999 by L.L. No. 15-1999.
(5) 
Hospitals, hotels, etc. In any district, for a hospital, sanatorium, hotel or apartment house, the area of the lot shall not be less than 400 square feet for each sleeping room for which such building is arranged or designed, and the main building thereon shall cover not less than 800 square feet of ground floor space and shall be not less than two stories.
(6) 
Buildings in residential districts. The minimum ground floor area of buildings in residential districts shall be as follows:
(a) 
Residential A District.
[1] 
Eight hundred fifty square feet for 1 1/2 stories.
[2] 
Seven hundred fifty square feet for two stories.
[3] 
Nine hundred fifty square feet for one-story ranch-type home.
[4] 
In Residential A District where buildings already exist of dimensions in excess of the foregoing, all building plots on the opposite side of any street in this district from such buildings shall have a lot area of not less than 8,000 square feet and shall have a ground floor space area of not less than 900 square feet and not less than 2 1/2 stories and cellar.
(b) 
Residential AA District.
[1] 
Nine hundred fifty square feet for 1 1/2 stories.
[2] 
Eight hundred square feet for two stories.
[3] 
One thousand fifty square feet for one-story ranch-type home.
(7) 
Split-level homes.
(a) 
The first level and second level of split-level homes shall be considered as one for the purpose of compliance with ground floor area. In all split-level homes, the minimum ground floor area shall be 950 square feet.
(b) 
All split-level homes shall be constructed with a cellar under at least 50% of the building. A cellar shall be considered as a story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered a story for the purpose of height measurement in determining the permissible number of stories.
(c) 
This Subsection A(7) with respect to split-level homes shall apply to construction in the Residential A District and shall not apply to the Residential AA District, where cellarless or basementless houses are permitted.
(8) 
Slab or crawl-space houses.
(a) 
In the Residence AA District, basementless (slab) or crawl-space houses shall be permitted, provided that the ground floor area for one-story houses has a building area of 1,150 square feet and the minimum ground floor area for more than one-story houses shall be 1,050 square feet. The portion of a Residence AA District to which this provision shall apply will be all that south of Nassau Street.
(b) 
The construction of basementless (slab) or crawlspace houses shall be in conformity with the building requirements as set forth in the Building Code.[2]
[2]
Editor's Note: See Ch. 154, Fire Prevention and Building Construction.
B. 
Width of lot. For buildings hereafter erected, the minimum average width of the lot for each building, together with the accessory buildings appurtenant thereto, excepting the provisions of § 345-11B, shall be as follows:
[Amended 12-27-1999 by L.L. No. 15-1999]
(1) 
In any residence district: 80 feet.
(2) 
In any Business G District: 20 feet.
(3) 
In a Business G District, every building used as a residence on the first floor shall have a lot of similar width as that prescribed in Subsection B(1).
C. 
In a residential district, the maximum lot coverage permitted shall be 30%.
[Amended 3-14-2005 by L.L. No. 3-2005]
D. 
Windows and courts. In any district, every living or sleeping room in a dwelling, apartment house, hotel, hospital or sanatorium shall have at least one window opening directly upon either a street, a front yard, a rear yard, a side yard or a court. The least dimension of any such court shall be not less than four inches for each foot of the height of the highest wall of such court. Such court shall be open and unobstructed to the sky except for ordinary projections of windowsills, belt courses and other ornamental features to the extent of not more than four inches.
E. 
Certificate of occupancy.
[Added 6-12-2000 by L.L. No. 10-2000]
(1) 
Up to and including December 29, 1999, all real properties located within the Village of Massapequa Park which had a valid certificate of occupancy for a one-family house for a lot of 6,000 square feet or more can have the house demolished and build a new house on said premises with a minimum plot of 6,000 square feet.
(2) 
A new certificate of occupancy shall be required for the new structure or building on the real property that had a valid certificate of occupancy up to and including December 29, 1999, which new structure or building must meet the requirements of the Building Department of the Incorporated Village of Massapequa Park for a new certificate of occupancy.
F. 
After December 29, 1999, the minimum lot area to be erected or altered shall, as stated in the existing law of § 345-28, have a minimum lot area of 8,000 square feet, and each lot shall have at least 80 feet in front and rear and shall be at least 100 feet in depth on both sides.
[Added 6-12-2000 by L.L. No. 10-2000]
G. 
Except as stated above, all the rest and remaining provisions of the local law enacted on December 27, 1999, shall remain in full force and effect.
[Added 6-12-2000 by L.L. No. 10-2000]

§ 345-29 Area standards in Residential A District.

A. 
Generally. Every building hereafter erected or structurally altered in Residential A District shall be on a lot having the area, frontage and depth on both sides provided in § 345-28A(1).
B. 
Issuance of building permits. No building permit shall be issued and no building shall be erected on a plot of less than 8,000 square feet as set forth herein, nor when the issuance of the same shall leave remaining a plot immediately adjacent less in size than required by this chapter.
[Amended 12-27-1999 by L.L. No. 15-1999]

§ 345-30 Front yards.

A. 
Generally.
(1) 
Except as provided in Subsection A(2), every building hereafter erected shall have a front yard which shall be of the following minimum depth:
(a) 
In a Residential A District: 25 feet.
(b) 
In a Residential AA District: 25 feet.
[Amended 6-19-1967]
(c) 
In a Business G District, the depth shall be fixed by the Board of Trustees.
(2) 
Exception. In a block in any residence district in which 25% of the frontage on one side of the street is improved with buildings, the front yard of a building hereafter erected shall extend at least to the alignment of existing buildings, provided that no building hereafter erected in such residence district shall have a front yard of less than 10 feet in depth nor need have a front yard of greater depth than 40 feet.
B. 
Corner lots.
(1) 
A corner lot shall have a front yard along its principal frontage of the depth required by Subsection A(1)(a), (b) and (c). A corner lot shall also have a front yard along its side street frontage of the following depth:
(a) 
In any Residential A District: 25 feet.
(b) 
In a Residential AA District: 25 feet.
(c) 
In a Business G District, the depth shall be fixed by the Board of Trustees.
(2) 
Where corner plots of 80 feet by 100 feet exist, the setback on each street shall be a minimum of 25 feet in a Residential A District and 25 feet in a Residential AA District. In a Business G District, such setback shall be fixed by the Board of Trustees.
[Amended 6-19-1967; 12-27-1999 by L.L. No. 15-1999]
C. 
Through lots. A through lot shall have a front yard on each frontage.
D. 
Permitted structures in front yards.
[Amended 1-10-2000 by L.L. No. 1-2000; 9-11-2000 by L.L. No. 18-2000]
(1) 
The space in a front yard shall be opened and unobstructed, except that in a residence district an uncovered porch may extend not more than eight feet, without columns or roof, into the front yard; the cornices or eaves on the main building may project into the front yard for a distance and in a manner prescribed by the Building Inspector, and the basement window wells may extend into the front yard not more than five feet.
[Amended 4-24-2017 by L.L. No. 1-2017]
(2) 
A front covered portico shall have a width not greater than eight feet. The roofline only may extend an additional one foot on each end. A front covered portico cannot extend more than six feet from the house line. A covered porch may encroach not more than five feet into the twenty-five-foot front setback and shall not have a width greater than the width of the house to which it is attached.
[Amended 9-26-2005 by L.L. No. 5-2005]
(3) 
Temporary storage containers.
[Added 2-28-2006 by L.L. No. 1-2006]
(a) 
Definition. "Storage container" means any container intended for the purpose of storing or keeping household goods and other personal property that is intended to be filled, refilled, or emptied while located outdoors on a residential property.
(b) 
It shall be unlawful for any person, firm or corporation to place, keep or maintain any storage container on any property improved with a single-family dwelling, without securing a permit.
(c) 
Any person desiring a permit to place or maintain a storage container shall file an application with the Building Department. The form for this application is to be furnished by the Building Department and shall be sworn to and filed by the applicant with the Building Department, along with an application fee of $10.
(d) 
A permit for a storage container may only be granted if there is currently a building permit for improvement of the single-family dwelling upon which the storage container is located.
(e) 
A storage container may not be more than 160 square feet and no more than 8.6 feet in height.
[Amended 1-8-2007 by L.L. No. 1-2007]
(f) 
The storage container shall be set back from any side yard property line a minimum of five feet and from the front property line by a minimum of five feet and also be a minimum of five feet away from any structures on the property. In granting the permit the Building Inspector shall consider the rights of adjacent property owners so that there shall not be any unreasonable deprivation of light, air or a reasonable use of adjoining property.
(g) 
The Building Inspector is hereby authorized, in the exercise of reasonable discretion, to revoke any permit issued hereunder if, after due investigation, he deems that the holder thereof has violated any provisions of this subsection, in that the storage container is being maintained in an unsafe manner or is being maintained as a nuisance. Written notice of said revocation shall be given, either by personal service upon the person to be notified or by depositing said notice in the United States mail in a sealed envelope, postage prepaid, addressed to such person at the address which appears on the records of the Building Department.
(h) 
The length of time a storage container shall be permitted to remain shall be 180 days. An extension beyond 180 days will be considered upon application to the Board of Trustees. It shall be mandatory that the storage container be removed at the end of the permitted period of time.
E. 
Vision clearance. On any corner lot on which a front yard is required by this chapter, it shall be unlawful to construct or maintain or permit any fence or any other structure, whether temporary or permanent, within 25 feet of the curbline which obstructs a view between 30 inches and eight feet above the level of the sidewalk of the adjacent street pavement.
[Amended 9-18-2006 by L.L. No. 4-2006; 9-26-2016 by L.L. No. 4-2016]

§ 345-31 Rear and side yards.

A. 
Rear yards. Except as provided in Subsection E, every building hereafter erected shall have a rear yard which shall be of the following minimum depth:
(1) 
In Residential A District: 15 feet.
(2) 
In a Residential AA District: 15 feet.
(3) 
In a Business G District: 10 feet.
B. 
Rear yards of corner lots. Except as provided in Subsection E, the rear yard of a corner lot shall be of the following minimum depth:
(1) 
In a Residential A District: 15 feet.
(2) 
In a Residential AA District: 15 feet.
(3) 
In a Business G District, the depth of rear yard in a corner lot shall be fixed by the Board of Trustees.
C. 
Side yards. Except as provided in Subsection E, every building erected hereafter shall have a side yard along each lot line, other than a street or a rear line, the minimum depth of which shall be as follows:
[Amended 10-30-1967; 2-5-2007 by L.L. No. 2-2007]
(1) 
In a Residential A District: five feet for a house and five feet for a garage.
(2) 
In a Residential AA District: a minimum of five feet to a garage and five feet to a building, with a minimum of 30 feet between structures of the adjacent properties.
D. 
Side yards in corner lots. Except as provided in Subsection E, the minimum depth of side yards in corner lots shall be as follows:
(1) 
In a Residential A District: five feet.
(2) 
In Residential AA District, where irregular and regular plots exist side by side, the side yards as specified in Subsection C(2) shall be determined as measured from the front building line, and in no event shall any structure be less than five feet from the property line.
[Amended 10-30-1967]
(3) 
In a Business G District, the depth of side yard in a corner lot shall be fixed by the Board of Trustees.
E. 
Exceptions.
(1) 
Except as otherwise provided in § 345-32, a side or rear yard shall be open and unobstructed except for the ordinary projections of windowsills, belt courses, cornices and other ornamental features to the extent of not more than four inches, except that if the building is not over 2 1/2 stories in height, the cornices or eaves may project not more than 18 inches into such yard.
(2) 
A building and any accessory buildings erected on the same lot shall, for the purpose of side and rear yard requirements, be considered as a single building, except that a garage or other accessory building in a residence district may occupy not more than 40% of the rear yard area and shall have a side yard and a rear yard of not less than one foot.
[Amended 2-5-2007 by L.L. No. 2-2007]
(3) 
In any district, for a hospital, sanatorium, hotel, apartment house or philanthropic institution, the Zoning Board of Appeals may make special individual requirements as to the minimum depth of the side yard and rear yard of each such building.

§ 345-32 Modification of yard requirements for garages.

Where garage space for one or more motor vehicles is provided, the yard requirements shall be modified as follows:
A. 
The depth of front yard shall be a minimum of 25 feet in a Residential A District and 25 feet in a Residential AA District. In a Business G District, the depth shall be fixed by the Board of Trustees.
[Amended 10-30-1967]
B. 
The depth of rear yard shall be a minimum of 15 feet in a Residential A or AA District; and in a Business G District, it shall be fixed by the Board of Trustees.
C. 
All garages attached to residential buildings in Residential A and AA Districts shall extend not more than five feet beyond the rear of the building and shall be at least five feet from the side line of the property.
D. 
All garages detached from the building shall be erected at least five feet from the property line of the subject premises, except that any garage constructed in the rear corner of the property can be a minimum of two feet from the property line, provided that the garage is equally distant from the side and rear property lines. Any part of a garage, be it the base or the overhang or any part thereof, shall be a minimum of two feet from the side and rear property lines.
[Amended 10-25-1993 by L.L. No. 10-1993]