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Fencing for swimming pools, was repealed 8-25-2003 by L.L. No. 8-2003.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