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.
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.
(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.
(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.
(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.
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]
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]
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]
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:
(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)
(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.
(4)
Dumpsters.
[Added 10-16-2017 by L.L.
No. 2-2017]
(a)
Definition. "Dumpster" means a large trash receptacle designed
to be hoisted and emptied into a truck.
(b)
It shall be unlawful for any person, firm or corporation to
place, keep or maintain any dumpster(s) on any property improved with
a single-family dwelling, without securing a permit.
(c)
Any person desiring a permit to place or maintain a dumpster(s)
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 $25.
(d)
When placing on residential property dumpster(s) 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.
(e)
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 dumpster(s) 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.
(f)
The length of time a dumpster(s) 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 dumpster 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]
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:
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]
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.
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]
