[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]
[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.
[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.