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

§ 345-39 Gasoline service stations.

A. 
Location restricted. No gasoline and/or service station shall be erected, altered or extended except in Business G or GG Districts, provided that the property is abutted on the rear and side by property zoned Business G or GG and said plot shall have at least 150 feet of frontage and shall be 100 feet in depth.
B. 
Special permit required. No lot or plot shall be used for the sale or storage of gasoline or oil until the owner has made application and received a special permit therefor from the Board of Trustees of the Village after a public hearing held for that purpose.

§ 345-40 Fences and similar obstructions.

[Amended 3-4-1996 by L.L. No. 3-1996; 12-22-1977 by L.L. No. 17-1997; 7-26-1999 by L.L. No. 9-1999; 6-12-2000 by L.L. No. 12-2000]
A. 
Erection restricted. No person shall erect in any residential district of the Village a solid fence, such as but not limited to a basket-weave-type fence, a solid board fence or any synthetic or metal solid fence that is greater than six feet in height or is before the front house setback; nor shall there be erected in such zone any fence more than 48 inches in height, excepting in the rear of the front line of the house, in which case the same shall be not more than six feet.
B. 
Corner plots.
(1) 
On corner plots, the front side shall be limited to nonopaque, not solid fences no higher than 48 inches. The street side (side yard) shall be entitled to a six-foot opaque (solid) fence, provided a minimum thirteen-foot setback from the property line is maintained.
[Amended 3-27-2006 by L.L. No. 2-2006]
(2) 
Obstruction of view prohibited. On any corner plot on which a front or side yard is required, no wall, fence or structure shall be erected and no hedge, tree, shrub or other growth shall be maintained in such location within such required front or side yard space as to cause danger to traffic by obstruction of the view.
C. 
Location of posts and unfinished side facings. Any fence constructed in accordance with this section shall have the fence posts and/or unfinished side facings and/or horizontal and diagonal cross member pieces facing inward and located on the inside and/or that side of the property of the person who is erecting said fence. In the event that there is any question in reference to the above, it shall always be construed in favor of the adjoining property owner and against the person who is erecting said fence as to the location of said fence posts and/or unfinished side facings and/or horizontal and diagonal cross member pieces of the fence and/or any other item relating to the fence.
D. 
Permit required. No fence shall be erected within the Village in accordance with this section without first obtaining a permit from the Building Department of said Village.
E. 
Compliance required. No fence shall be permitted except as provided in this section or as authorized by the Zoning Board of Appeals after a public hearing.
F. 
The height of a fence shall be measured from the natural grade of the property at all points along the fence run. The height of the fence shall be the highest point of the fence measured at the natural grade. Man-made berms, retaining walls and other structures shall not be considered part of the natural grade.
[Added 12-23-2002 by L.L. No. 10-2002]
G. 
All fences legally existing as of December 23, 2002, shall be permitted to remain as legal nonconforming fences. Legal nonconforming fences may be repaired and maintained. Any fence replaced or repaired to the extent of more than 50% of the existing fence must conform to § 345-40F.
[Added 12-23-2002 by L.L. No. 10-2002]

§ 345-40.1 Stockade fences for business property.

[Added 2-14-1994 by L.L. No. 5-1994]
A six-foot stockade fence shall be erected in the rear of all business property and on the sides of corner business property where said property abuts residential property. Such fence shall be bolted to two-inch galvanized posts. Where the grade of the adjoining property is lower or higher, a retaining wall shall be installed and the galvanized posts shall be embedded in the wall for depth of four feet. If no retaining wall is necessary, the posts shall be embedded in four feet of concrete.

§ 345-41 Pools.

[Amended 11-8-1967]
A. 
It shall be unlawful to construct, maintain, install or alter any pool in the Village except in compliance with all the provisions of this section and upon issuance of a permit or registration as applicable for same by the Village of Massapequa Park.
[Amended 12-22-1997 by L.L. No. 18-1997]
B. 
The term "pool" is hereby defined as a receptacle for water, including all accessory equipment, having a depth at any point above or below ground of more than 18 inches and having a surface area of water greater than 50 square feet or having a capacity of over 500 gallons of water, intended for the purpose of ornamentation or for the immersion or partial immersion therein of human beings.
[Amended 12-22-1997 by L.L. No. 18-1997]
C. 
The Village Building Inspector shall approve any swimming pool which conforms to the provisions of this section, provided that the public health, safety and general welfare of the neighborhood will be secure and that such use will not be detrimental to the general character of the neighborhood or to the orderly development of the Village.
[Amended 12-22-1997 by L.L. No. 18-1997]
D. 
Permit.
[Amended 4-11-1983 by L.L. No. 3-1983; 1-13-1986 by L.L. No. 1-1986; 1-7-1991 by L.L. No. 1-1991]
(1) 
At the time of filing the application for registration of portable aboveground pools, there shall be paid a onetime fee as provided in Chapter A350, Fees.
(2) 
In-ground pools shall require the filing of an application for a building permit, accompanied by a fee as provided in Chapter A350, Fees.
E. 
Conformance to plans and specifications for below-ground and deck-type pools. All work performed under a permit issued by the building official under this section shall conform to the approved application and plans. It shall be unlawful to revise the area or the construction of work provided for in an application hereunder.
F. 
Materials of construction. No pool shall be built, constructed or maintained except of materials having adequate strength to retain the water designed to be contained therein. Each pool shall be designed in accordance with sound engineering practice.
G. 
Drawings and plans for below-ground and deck-type pools.
(1) 
All drawings and plans for the construction, installation or alteration of any below-ground pool and aboveground deck-type and/or accessories shall be countersigned by a registered architect or professional engineer and be filed with the Village Building Inspector for examination and approval as to the proper location and construction.
(2) 
All distances and dimensions shall be accurately figured and drawings made explicit and complete, showing the lot line and including information pertaining to the pool, walk and fence construction, water supply system, drainage and water disposal systems and all accessories pertaining to the swimming pool. Detailed plans and vertical elevation shall also be provided.
(3) 
The Building Inspector may revoke a permit issued under the provisions of this section in the event that he finds there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit was based. (See Subsection E.)
H. 
Walkway. Unobstructed walk areas not less than 24 inches wide shall be provided to extend entirely around pools below ground. The walk area of below-ground pools and the deck area of aboveground pools shall be constructed of durable material and the surfaces shall be of such material as to be easily cleaned and of nonslip construction.
I. 
Ladders. For all below-ground swimming pools, a means of access through the use of steps or ladders shall be provided. At least one such means of access, entrance or exit, shall be located in the water at the deep end of the pool. All aboveground-type pools shall be provided with a removable or retractable-type ladder or steps for entering or leaving the pool, which shall be removed or retracted at all times when the pool is not in use.
J. 
Distances. No portion of a pool, including walkways, and pump, filters, showers, accessories or pool water disinfectants shall be located at a distance less than five feet from any side or rear property line or building setback line.
K. 
Fences.
[Amended 4-9-1984 by L.L. No. 1-1984]
(1) 
All outdoor pools shall be completely surrounded by an impregnable enclosure fence or as hereafter provided. A dwelling or house shall be construed as part of the enclosure or fence and at no point be less than the height of the fence or impregnable enclosure. Such fence must be erected in a structurally sound manner so as to completely enclose the pool itself or the particular rear yard in which the pool is situated.
(2) 
Said fence or enclosure is to remain on the property only as long as the pool remains on said real property. If for any reason said pool is removed from said real property, then the owner or owners of the real property must make proper application to the Village of Massapequa Park or to the Zoning Board of Appeals, as the case may be, for said fence to remain on said real property, or, in the alternative, said fence must be removed from said real property. If after the pool is removed from the real property, proper application is not made by the owner or owners of the real property to the Village of Massapequa Park or to the Zoning Board of Appeals, as the case may be, then within 60 days after the pool has been removed from the property or the pool has been filled in, the owner must remove the fence erected or constructed or installed on said real property.
(3) 
All fence openings or points of entry into the pool area shall be equipped with gates. All gates shall be constructed with a self-closing device and shall have self-acting devices placed at the top of the gate, except for the door of the dwelling that forms a part of the enclosure.
(4) 
Fences shall be decay- or corrosion-resistant and shall be permanently installed. To be considered impregnable, an enclosure shall be constructed to not have openings, holes or gaps larger than four inches in any dimension except for door and gaps, and except if a picket fence is erected and maintained, the horizontal dimension of the holes or gaps shall not exceed four inches.
[Amended 1-14-2008 by L.L. No. 1-2008]
(5) 
The fence and gate shall not be less than four feet nor more than six feet in height above the grade level.
L. 
Water supply.
(1) 
When municipal water is piped directly into the pool, a check valve shall be installed on the supply line used to supply water to the pool.
(2) 
When municipal water is used to fill a pool from a hose, the discharge end of the hose shall be above the surface of the pool water.
(3) 
When private water is used to supply pool water, such supply shall not be cross-connected to a municipal waterline.
M. 
Water disposal.
(1) 
Water overflowing from the pool and, when the pool is emptied, the water therefrom shall be disposed of on the owner's land and shall be prevented from flowing over or into the land of any adjoining property owner or over or into any abutting street.
(2) 
When it is impossible to comply with this section, special permission to drain pool water into the municipal storm sewer system may be granted upon written request. In cases of extenuating circumstances, a verbal request followed with a written request to the Superintendent of Public Works will be satisfactory.
N. 
Noise nuisance.
(1) 
It is hereby declared to be the policy of the Village Board to prevent any unreasonably loud, disturbing and unnecessary noise. Noise of such character, intensity and duration as to be detrimental to the life and health of any individual or contrary to the public welfare is prohibited.
(2) 
The operation of any radio or phonograph or the use of any musical instrument or any loud, riotous, vociferous, social exchange by or between persons in such a manner or with such volume, particularly between 11:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons in any dwelling pertinent or adjacent to or near said premises is prohibited.
(3) 
The provisions of Chapters 218, 222 and 236 of the Code of the Village of Massapequa Park and any amendments thereto shall apply.
O. 
Electrical apparatus and wiring.
(1) 
Electric lights used within the pool proper or on the premises where a pool is located shall be shielded in such a manner as not to reflect light rays upon adjoining premises.
(2) 
Electrical apparatus, lights, conduit, cable or wire located or used in conjunction with the operation of such pools shall be properly grounded by a licensed electrician or in a manner acceptable to the Building Inspector or by a certified electrical inspection agency approved by the Board of Trustees and shall comply with provisions of Chapter 128 of the Code of the Incorporated Village of Massapequa Park.
[Amended 7-14-2003 by L.L. No. 6-2003; 1-11-2010 by L.L. No. 1-2010]
P. 
Abandonment.
(1) 
Any discontinuance of the use of a below-ground pool or abandonment of the same by the owner shall require the filling in of said pool and/or the removal of the same for the purpose of returning the ground surface to its original grade and condition as existed prior.
(2) 
The Building Inspector shall be notified of said intention to abandon the use of said pool and that inspection of the site be made by the Building Department Inspector prior to and upon completion of said work.
(3) 
Aboveground pools, when abandoned, shall be emptied of water and dismantled.
Q. 
Fines. Failure to comply with the requisite requirements of this section shall subject the owner to a penalty of not less than $10 nor to exceed $500, and said penalty shall be a continuing penalty for each day there is not compliance with any directive from a police officer or authorized Village representative.

§ 345-42 (Reserved) [1]

[1]
Editor's Note: Former § 345-42, Fencing for swimming pools, was repealed 8-25-2003 by L.L. No. 8-2003.

§ 345-43 Sheds.

[Added 7-26-1993 by L.L. No. 5-1993]
A. 
A shed, for the purposes of this section, is defined as a freestanding structure of 120 square feet or less, with no permanent connection to any other structure. Any structure that has a permanent connection of electricity, water, drainage or a foundation shall be considered a permanent structure not covered by this section. A permanent structure requires a Building Permit and is subject to the Building Code Requirements.
B. 
All sheds on residential property in Residential A and AA Districts in the Incorporated Village of Massapequa Park shall be a minimum of two feet from the rear and ether side of the property line. The furthest point of a shed, be it the base or the overhang, shall be a minimum of two feet from the rear and either side of the property line of the subject premises.
C. 
No shed shall be allowed to stand in the front setback of the house on the subject premises.
D. 
Any shed as defined by this section shall have a vertical height of not more than nine feet.
E. 
The door or entrance to the shed shall only be on the owner's side of the property and not on the side of the adjoining property owner.
F. 
The minimum fine for each and every violation of this section shall be $100.