A.Â
Area restrictions. The maximum area of the principal
building in relation to total lot area shall be as follows for the
several districts:
B.Â
Minimum lot size. The minimum area of lots, except
for those existing at the time of enactment of this chapter, shall
be as follows in the several districts:
District
|
Size
(square feet)
| ||
---|---|---|---|
Residential A
|
7,200
|
(9,600 for corner lots)
| |
Residential B
| |||
1-family
|
7,200
|
(9,600 for corner lots)
| |
2-family
|
12,000
|
(15,000 for corner lots)
| |
Residential C
| |||
1-family
|
7,200
|
(9,600 for corner lots)
| |
2-family
|
12,000
|
(15,000 for corner lots)
| |
Multifamily
|
5,000
|
per dwelling unit
| |
Central Business CBD
|
1,500
| ||
Commercial Transition CTD
|
15,000
| ||
Commercial Auto-Related CAR
|
30,000
|
A.Â
The restrictions as to the height of buildings and
structures in the several districts shall be as follows:
District
|
Height
(feet)
| |
---|---|---|
Residential A
|
35
| |
Residential B
|
35
| |
Residential C
|
40
| |
Central Business CBD
|
50
| |
Commercial Transition CTD
|
35
| |
Commercial Auto-Related CAR
|
40
| |
Planned Development PDD
|
As per original district
|
B.Â
Exception to height limits. The provisions of this
section shall not apply to church spires and belfries, cupolas, domes,
chimneys, flues, smokestacks, masts* or aerials* that, in the aggregate,
occupy not more than 5% of the roof area. (*NOTE: Excepted in commercial
districts only.)
A.Â
Requirements.
(1)Â
In the various districts, the required front yard,
except as hereinafter prescribed, shall be as follows:
District
|
Least Distance From Street Lot Line Back
to Any Part of Building or Structure
(feet)
| |
---|---|---|
Residential A
|
30
| |
Residential B
|
30
| |
Residential C
|
30
| |
Central Business CBD
|
0
| |
Commercial Transition CTD
|
40
| |
Commercial Auto-Related CAR
|
60
|
(2)Â
Corner lots.
(a)Â
Obstruction to vision at street intersections.
At all street intersections in all residence districts and in all
other districts requiring a front yard of 15 feet or more, no obstruction
to vision exceeding 30 inches in height above curb level shall be
erected or maintained on any lot within the triangle formed by the
street lines of such lot and a line drawn between points along such
street lines 30 feet in distance from their point of intersection.
(b)Â
On a corner lot, front yards are required on
both street frontages and one yard other than the front yard shall
be deemed to be a rear yard and the other or others, side yards.
(3)Â
Through lots. On a through lot, front yards are required
on all street lines.
(4)Â
Fences, hedges and terraces shall be set back at least
two feet from the street lot lines to permit snow removal.
B.Â
Exceptions to front yard requirements.
(1)Â
If the alignment of existing buildings within 100
feet on each side of the lot in question and within the same block
and district is nearer the street than the setback line above prescribed,
any building or structure may extend as near the street lot line as
the average formed by the prescribed setback and such existing alignment.
(2)Â
Bay or bow windows, chimneys, cornices or cantilevered roof may project not more than three feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six inches into a required yard. Fences or walls not over six feet in height may be erected anywhere on the lot, except as set forth in § 300-15.
(3)Â
Fences or walls with height in excess of six feet shall conform to requirements set forth herein for buildings. Except as otherwise provided in § 300-15, no wall or fence in excess of three feet in height shall be erected in the front yard of any residence district.
(4)Â
Paved areas, other than such as are needed for access
to the buildings on the lot, shall not be closer than 15 feet to a
street lot line or four feet to any lot line.
(5)Â
Unenclosed stairways and landings not larger than
four feet by five feet which serve a first-floor entrance may not
project more than a combined eight feet into the required front yard.
A.Â
Side yard restrictions. In any residence district,
a yard extending through from the front to the rear yard is required
along each side lot line, except as hereinafter prescribed. The restrictions
as to side yards in the various districts shall be as follows:
District
|
Least Width of Any Side Yard
(feet)
| |
---|---|---|
Residential A
|
10
| |
Residential B
|
10
| |
Residential C
|
10
| |
Central Business CBD*
|
0
| |
Commercial Transition CTD*
|
10
| |
Commercial Auto-Related CAR*
|
10
|
[*NOTE: Where any commercial lot abuts a residential
district boundary, then that side yard shall be a minimum of 30 feet.]
|
B.Â
Side walls not parallel to lot lines. Where a side
wall of a building is not parallel to the side lot line, the required
width of any side yard may be taken as the average width, provided
that said side yard shall not be narrower than five feet at any point.
C.Â
Accessory structure: distance from lot line. In any
residence district, no part of any detached garage or other accessory
storage structure situated within 55 feet of any street line shall
extend into any required side yard. Elsewhere on the lot it may not
be closer than four feet to the side lot line.
D.Â
Mutual garages across lot lines. In any residence
district, a detached garage may be built across a common lot line
by mutual agreement between adjoining property owners when both lots
are each 60 feet or less in width.
E.Â
Fences and walls. No fence or freestanding wall in a required side yard, other than a retaining wall, shall be more than six feet high. Fences or walls not over six feet in height may be erected anywhere on the lot, except as set forth in § 300-15.
F.Â
Projections into side yards. Bay or bow windows, chimneys,
cornices or cantilevered roof may project not more than three feet
into a required yard. Belt courses, windowsills and other ornamental
features may project not more than six inches into a required yard.
G.Â
Paved areas, other than such as are needed for access
to the buildings on the lot, shall not be closer than four feet to
any lot line.
H.Â
Unenclosed stairways and landings not larger than
four feet by four feet which serve a first-floor entrance may project
no more than a total of four feet into the required side yard.
A.Â
Rear yard restrictions. In every district there shall
be a rear yard on every lot, except as hereinafter specified:
District
|
Least Distance from Rear Lot Line to Principal
Building
(feet)
| |
---|---|---|
Residential A
|
25
| |
Residential B
|
30
| |
Residential C
|
40
| |
Central Business CBD*
|
15
| |
Commercial Transition CTD*
|
20
| |
Commercial Auto-Related CAR*
|
30
|
[*NOTE: Where any commercial lot abuts a residential
district boundary, then that rear yard shall be a minimum of 30 feet]
|
B.Â
Projections into rear yards.
(1)Â
Chimneys and fireproof outside stairways to upper
stories may project not over 3Â 1/2 feet into a required rear
yard.
(2)Â
Unenclosed stairways and landings not larger than
four feet by five feet which serve a first-floor entrance may project
no more than a combined eight feet into the required rear yard.
(3)Â
Cornices, bay windows, bow windows, chimneys or cantilevered roofs may project not more than three feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six inches into a required yard. Fences or walls not over six feet in height may be erected anywhere on the lot, except as set forth in § 300-15.
C.Â
Accessory structure: distance from lot line. In any
residence district, no part of any detached garage or other accessory
storage structure shall extend to within 10 feet of the rear lot line.
D.Â
Fences and walls. No fence or freestanding wall in
a required rear yard, other than a retaining wall, shall be more than
six feet high.
E.Â
Paved areas, other than such as are needed for access
to the buildings on the lot, shall not be closer than four feet to
any lot line.
A.Â
The minimum width of lots, except for those existing
at the time of enactment of this chapter, shall be as follows in the
several districts:
District
|
Corner Lot
(feet)
|
Other Lot
(feet)
| ||
---|---|---|---|---|
Residential A
|
85
|
70
| ||
Residential B
| ||||
1-family
|
85
|
70
| ||
2-family
|
125
|
100
| ||
Residential C
| ||||
1-family
|
85
|
70
| ||
2-family
|
125
|
100
| ||
Multiple dwelling
|
125
|
125
| ||
Central Business CBD
|
20
|
20
| ||
Commercial Transition CTD
|
75
|
75
| ||
Commercial Auto-Related CAR
|
150
|
150
| ||
Planned Development PDD
|
As per original district
|
B.Â
Irregular-shaped or -contoured residential lots may
be used for residential purposes as long as all other area requirements
are met and the minimum lot width is 50 feet, measured at the street
line.
C.Â
All incident structures shall be built a minimum of
three feet from the sidewalk.
[Added 9-4-2001 by L.L. No. 2-2001]
In all districts, solar access for the purpose
of using solar energy for space heating and water heating or the generation
of electric power should he protected to the maximum extent practical.
These regulations establish a performance standard to protect a portion
of the buildable area of a lot from shading by structures and/or vegetation.
Height limitations shall be in effect for all new construction or
new plantings. These limitations shall be established by the Code
Enforcement Officer and shall be based on such factors as lot size
and position of features on each lot as set forth in the United States
Department of Housing and Urban Development's publication entitled
"Site Planning for Solar Access." This solar performance standard
limits the maximum lot area that may be shaded from an adjacent property
to 20% of the buildable area on the lot on the winter solstice.
A.Â
Purpose. The objective of this section is to regulate
existing and proposed signs in order to create a more attractive and
prosperous business climate, enhance and protect the physical appearance
of the community, preserve the visual character of the Village and
reduce sign distractions and obstructions that may pose a vehicular
or pedestrian traffic hazard.
B.Â
General requirements. The following general requirements
shall apply to all signs:
(1)Â
Construction and maintenance.
(a)Â
All signs shall be constructed of durable material,
maintained in good condition and not allowed to become dilapidated
or in a state of disrepair. Any sign no longer maintained in a satisfactory
state of repair shall be improved to a satisfactory condition or removed
within 30 days from the date of notification that such sign has been
found to be in disrepair by the Code Enforcement Officer.
(b)Â
Any sign for a business, service or activity
no longer in existence at that location shall be removed within one
year from the date of the discontinuation of the business, service
or activity.
(c)Â
Any wall, surface or other area from which any
sign is removed shall be made so that no remnant of the sign is visible.
(d)Â
The back or reverse side of a single-face sign
visible from any public right-of-way shall be finished in an appropriate
manner. This shall include a backing consistent in materials and finish
with the facing, and the covering of all structural members of the
sign as may be appropriate.
(e)Â
All construction, fixtures, wiring and installation
shall conform to the New York State Uniform Fire Prevention and Building
Code, where applicable.
(f)Â
All wiring to new freestanding signs shall be
underground and all transformers or other such installations shall
be located and screened to the satisfaction of the Planning Board
during its review of the site plan.
(g)Â
The owners of any sign overhanging the public
right-of-way shall provide the Village of Massena with evidence of
liability insurance coverage.
(2)Â
Location.
(a)Â
Every sign shall be designed and located so
as not to physically or visually impair vehicular or pedestrian traffic
by design, illumination, color or placement. In particular, no sign
shall:
(b)Â
No sign illumination shall be directed toward
any public street or adjacent uses in a manner that would interfere
with safe travel on the street or useful enjoyment of abutting properties.
(3)Â
Type.
(a)Â
No lights or string of lights will be used for
the purpose of advertising, displaying or otherwise attracting attention
to the premises when not part of a sign or approved street or outdoor
lighting.
(b)Â
No moving, flashing, rotating or otherwise nonstationary
or intermittently lighted sign shall be permitted, except time and
temperature signs, the intermittently lighted portion of which shall
contain no commercial message, and except standard barber poles that
denote the location of a barbershop.
(c)Â
Neon shall not be permitted to exceed 20% of
the total permissible size of any sign.
(d)Â
No sign or part thereof shall contain or consist
of banners, pennants, ribbons, streamers, spinners or other similar
moving, fluttering or revolving devices.
(e)Â
No portable sign shall be permitted, except
for periods not to exceed 72 hours, without a permit from the Code
Enforcement Officer.
C.Â
District requirements. In addition to the above-identified
general requirements for all signs, the following requirements shall
pertain to signs located in the respective zoning districts according
to the following:
(1)Â
Residential. In residential districts (Residential
A, Residential B, Residential C) or for residences in other districts,
the following signs are permitted when located on the same lot as
the principal use:
(a)Â
One sign, either attached or freestanding, indicating
only the name of the owner or occupant and the street number, not
to exceed two square feet in area. It requires no sign permit.
(b)Â
One sign attached to the building face identifying
an approved home occupation or professional residence-office permitted
in the applicable residential district, not to exceed six square feet
in area.
(c)Â
One sign identifying any nonresidential building
or use permitted in the applicable residential district, not to exceed
20 square feet in area.
(2)Â
Commercial. In the commercial districts the following building signs shall be permitted at any time on any single business premise, except any parking or directional sign(s) provided for under Subsection C(2)(e) below. The following signs are permitted:
(a)Â
The appropriate signs allowed for in the residential districts, where applicable, and according to the restrictions identified in Subsection C(1) above.
(b)Â
One principal business sign per separate and
distinct business establishment, the total area of which shall not
exceed one square foot for each one linear foot of a single building
frontage, except that no such principal business sign shall exceed
a maximum of 80 square feet in area.
(c)Â
When more than one separate and distinct business
or profession occupies a single building, whether on the same or separate
floors, total allowable sign size shall be based on the linear frontage
of the building and may be combined in one or more principal signs
so long as the total allowable sign area for the building is not exceeded,
as is preferred by the applicant and determined satisfactory by the
Planning Commission under site plan review process.
(d)Â
One accessory business sign per each permitted
principal business sign, not to exceed 50% of the size of the area
of a permitted principal business sign and not located on the same
building face or lot side as the principal sign; or one window sign
not to exceed 25% of the area of the largest window or nine square
feet, whichever is less.
(e)Â
On-premises "parking," "unloading," "entrance,"
"parts and services," "sales" or other directional signs may be permitted,
as deemed necessary and approved by the Planning Commission. Such
individual sign or combination of signs is not to exceed 12 square
feet in area.
(3)Â
Permits. All signs, except those specifically exempted by Subsections C(1)(a), E, F and G, shall require a sign permit and shall be subject to review and approval by the Planning Commission according to the process of site plan review set forth under § 300-31 prior to their erection or alteration.
D.Â
Supplementary requirements. In addition to the above-identified
requirements for all signs and those stipulated for the respective
zoning districts, the following requirements shall apply to the individual
types of signs according to the following:
(1)Â
Freestanding signs. A freestanding sign shall not
be more than 18 feet in Commercial Transition Districts CTD and 24
feet in Commercial Auto-Related Districts CAR from ground level at
the base of the sign. Such sign shall be a minimum of 20 feet from
any street line and 10 feet from any other lot line. Every freestanding
sign placed within 30 feet of the curbline of intersecting streets
and driveways shall have an open space of at least eight feet from
the ground to the base of the sign. The maximum area of permitted
signs shall be 60 square feet in Commercial Transition Districts CTD
and 120 square feet in Commercial Auto-Related Districts CAR. A freestanding
sign which is more than 40 square feet in area shall not be closer
than 100 feet to any other freestanding sign more than 40 square feet
in size.
(2)Â
Wall signs. A wall sign shall be attached to the wall
or face of the building and shall not project more than one foot from
such wall or face.
(3)Â
Roof signs. A roof sign shall not exceed 40% of the
portion of the roof area which it occupies and shall not project beyond
the eave and shall not project above the peak.
(4)Â
Double-face sign. A freestanding sign which is designed
to be viewed from two directions and which two faces are not more
than three feet wide at any point and are either parallel or at not
more than a thirty-degree angle to one another shall be considered
to be one sign for the purpose of determining the allowable number
of signs. Only one face, the larger of the two if they are different
in size, shall be measured to determine the allowable sign area.
E.Â
Exempt signs. Exempt signs shall be as follows:
(1)Â
Flags, emblems or insignia of a nation, municipality,
service organization or school may be displayed in any district without
a permit, except in connection with a commercial purpose.
(2)Â
Handbills, posters, flyers, announcements or advertisements of special sales or events shall not require a permit. All such temporary signs shall be removed within 15 days from the date relating to their original purpose or 60 days following their date of placement, whichever occurs first. No such sign shall be attached to any fence, utility pole, tree or any natural feature of the landscape, and when placed in any window, such signs shall comply with the above provisions for window signs [see Subsection C(2)(d)].
F.Â
Temporary signs shall be as follows:
(1)Â
Temporary unlighted real estate signs not to exceed
three in number, each not larger than six square feet in area, advertising
the sale, rental or lease of the premises or subdivision on which
they are erected.
(2)Â
A single temporary unlighted sign not larger than
15 square feet indicating the name and address of the parties involved
in construction on the premises.
(3)Â
For a development of six or more lots or dwelling
units, a real estate sign not larger than 25 square feet at each visible
street entrance to the development from a prior existing street.
G.Â
One memorial sign or tablet indicating the name of
the building and/or the date of construction (built in as an integral
part thereof) requires no sign permit.
H.Â
Temporary signs.
[Added 10-2-2007 by L.L. No. 2-2007;
amended 2-20-2018 by L.L. No. 1-2018]
(1)Â
No temporary signs of any design shall be allowed on Village property
or in the Village right-of-way in any zone within the Village of Massena.
Any temporary signs found to be on Village property or in the Village
right-of-way will be removed by the Village or its designee.
(2)Â
Exception. A not-for-profit organization may place temporary signage
on Village property and/or within the Village right-of-way for not
exceeding three days and must be approved by the Code Official.
A.Â
Off-street parking. Off-street parking spaces, open
or enclosed, are permitted accessory to any use, subject to the following
provisions:
(1)Â
Parking requirements. Accessory off-street parking spaces, open or
enclosed, shall be provided at the rate of one space for each employee
for any use as specified herein. Any land which is developed as a
unit under single ownership and control shall be considered a single
lot for the purpose of these parking regulations. Reasonable and appropriate
off-street parking requirements for structures and uses which do not
fall within the categories listed herein shall be determined by the
Planning Commission during site plan review and upon consideration
of all factors entering into the parking needs of each such use.
[Amended 2-20-2018 by L.L. No. 2-2018]
(2)Â
Areas computed as parking spaces. Areas which may be computed as
open or enclosed off-street parking spaces include any private garage,
carport or other area available for parking, other than a street or
a driveway, excepting those driveways associated with one- and two-family
dwellings.
[Amended 2-20-2018 by L.L. No. 2-2018]
(3)Â
Parking standards.
[Added 2-20-2018 by L.L.
No. 2-2018]
Parking Schedule Use
|
Recommended Guidelines
(number of spaces)
|
---|---|
Dwelling unit
|
2 per unit, not to be located in any required front, side or
rear yard
|
Office/dwelling used as doctor's or dentist's office
|
4 for each doctor or dentist, plus 1 for each 2 employees, plus
one for the dwelling unit
|
Dwelling used as a professional office other than by a doctor
or dentist or in which there is conducted a home occupation
|
3 or as determined by the Planning Board based on the activity
involved
|
Sanatoriums, nursing homes, philanthropic or eleemosynary institutions
|
1 for every 3 beds, plus 1 per employee on the largest shift
|
Membership clubs and fraternal lodges
|
1 for each 2 employees, plus 1 for each 300 square feet of floor
area
|
Theater
|
1 for every 10 seats or as determined by the Planning Board
based on the activity involved.
|
Bowling alley
|
2 per alley or as determined by the Planning Board based on
the activity involved.
|
Retail business area
|
1 for each 300 square feet of sales
|
Service business
|
1 for each 300 square feet of floor area
|
Restaurant
|
1 for each 4 seats, plus 1 for each 2 employees on the largest
shift
|
Manufacturing, wholesaling and warehousing
|
1 for each 600 square feet of floor area or one per employee,
whichever is greater
|
Hotels, motels, boardinghouses, and rooming houses
|
1 for each guest room and 1 for each employee during the largest
shift
|
Uses not listed
|
As determined by the Planning Board to be needed to prevent
frequent parking on the streets by persons visiting or connected with
such use
|
(4)Â
Commercial parking requirements for lots with six
or more spaces.
(a)Â
Each parking space shall be a minimum of nine
feet wide by 20 feet deep and shall be served by an aisle not less
than 20 feet wide. Where parking is arranged back to back, each parking
space may share a common backup space.
(b)Â
Each parking space shall be identified with
a line (white or yellow traffic color) four inches wide, set nine
feet apart. These lines shall extend for 20 feet in length.
(5)Â
Access. Unobstructed access to and from a street shall
be provided. Such access shall consist of at least one ten-foot-wide
lane for parking areas with less than 20 spaces and at least two ten-foot-wide
lanes for parking areas with 20 spaces or more. No entrance or exit
for any off-street parking area with a capacity of more than four
spaces shall be located within 50 feet of any street intersection
in any residential district, nor closer than 50 feet to any street
intersection for any commercial parking area of up to five spaces
or closer than 75 feet to any street intersection for any commercial
parking area with six to 12 spaces, or closer than 100 feet to any
street intersection for any commercial parking area with more than
12 spaces, nor exceed a grade in excess of 6% within 25 feet of any
street line nor 10% at any other point.
(6)Â
Drainage of surfaces. All parking areas shall be properly
drained, and all such areas, except for parking spaces accessory to
a one- or two-family dwelling, shall be provided with a dustless surface
in accordance with specifications of the Village of Massena. The maximum
slope of a parking area shall not exceed 5%.
(7)Â
Combined spaces. When any lot contains two or more
uses having different parking requirements, the parking requirements
for each use shall apply to the full extent. Where it can be conclusively
demonstrated that one or more of such uses will be generating a demand
for parking spaces primarily during periods when the other use or
uses is not or are not in operation, the Planning Commission may reduce
the total amount which, in its judgment, will prevent frequent parking
on the street by persons working in or visiting the premises.
(8)Â
Enclosed facilities. Required parking areas may be
constructed within or under any portion of a main building, provided
that the access driveway does not at any point have a grade in excess
of 10%.
(9)Â
Location and ownership. Required accessory parking
spaces, open or enclosed, shall be provided upon the same lot as the
use to which they are accessory or elsewhere, provided that no required
spaces are located farther than 200 feet walking distance from such
lot. In all such cases, the parking spaces shall conform to all the
regulations of the district in which the parking spaces are located,
and in no event shall such parking spaces be located in any residence
district unless the use to which the spaces are accessory is permitted
in such residence district or except upon approval by the Planning
Commission. Such spaces shall be in the same ownership as the use
to which they are accessory and shall be subject to deed restrictions,
approved by the Planning Commission, binding the owner and his heirs
and assigns to maintain the required number of spaces available either
throughout the existence of the use to which they are accessory or
until such spaces are provided elsewhere in a location and manner
acceptable to the Planning Commission.
(10)Â
On lots divided by district boundaries. When
a parking lot is located partly in one district and partly in another
district, the regulations for the district requiring the greater number
of parking spaces shall apply to the entire lot. Parking spaces on
such lot may be located without regard to district lines, provided
that no such parking spaces shall be located in any residence district
unless the use to which they are accessory is permitted in such district
or except upon approval by the Planning Commission.
B.Â
Off-street loading. Off-street loading spaces, open
or enclosed, are permitted as an accessory to any use, subject to
site plan review.
(1)Â
Size of spaces. Unless specified by the Planning Commission
during site plan review, required loading spaces shall be at least
12 feet wide, 33 feet long and 14 feet high.
(2)Â
Location and access. Unobstructed access at least
10 feet wide to and from a street shall be provided. Such access may
be combined with access to a parking lot. All loading spaces shall
be on the same lot as the use to which they are accessory, and no
entrance or exit for any loading area shall be located within 50 feet
of any street intersection. No off-street loading shall be conducted
in any front yard.
(3)Â
Joint facilities. Loading facilities, open or enclosed,
may be provided in spaces designed to serve jointly two or more adjacent
establishments.
A.Â
Any use which is noxious, offensive or objectionable
by reason of the emission of smoke, dust, gas, odor or other form
of air pollution is prohibited.
B.Â
The deposit, discharge or dispersal of liquid or solid
wastes, in any form, in a manner or amount so as to cause permanent
damage to the soil or stream or to adversely affect the surrounding
area is prohibited.
C.Â
The creation of a disturbance caused by any noise,
vibration, electromagnetic interference or any other form is prohibited.
D.Â
Uses which involve any dangerous fire, explosive,
radioactive or other hazard are prohibited.
E.Â
Uses which can cause injury, annoyance or disturbance
to any of the surrounding properties or to their owners and occupants
are prohibited.
F.Â
Any other process or use which is unwholesome and/or
malodorous and may be dangerous or prejudicial to health, safety or
the general welfare is prohibited.
G.Â
The raising of livestock, rabbits, poultry and other
similar animals is prohibited.
H.Â
The commercial kenneling of dogs, cats and other similar
animals is prohibited.
I.Â
Artificial lighting which directly illuminates any
area beyond the lot lines is prohibited.
J.Â
Amusement parks, circuses and related activities,
except for a temporary period on special license from the Village
Treasurer, are prohibited.
K.Â
Junkyards or dumps are prohibited.
L.Â
Two or more vending machines not enclosed by a building
are prohibited.
M.Â
Rendering facilities are prohibited.
N.Â
Manufacture or storage of fireworks is prohibited.
O.Â
Storage of explosives is prohibited in quantities
exceeding those permitted by the New York State Uniform Fire Prevention
and Building Code.
P.Â
Open-front retail stores arranged and designed for
the purpose of making sales to persons on the public street or sidewalk
are prohibited.
Q.Â
Abandoned and/or unused vehicles/recreational vehicles
(including but not limited to snowmobiles, watercrafts, trailers and
campers, etc.) in residential yards and parking spaces are prohibited.
[Amended 8-19-2008 by L.L. No. 9-2008; 2-20-2018 by L.L. No. 3-2018]
R.Â
No lot shall be used for the final abandonment of
any material, liquid or solid, or the storage of hazardous waste.
S.Â
Junkyards, to include auto demolition, are prohibited
in all districts in the Village of Massena.
[Added 10-2-2007 by L.L. No. 2-2007]
T.Â
No person shall drain a pool or spa except to his
closest street frontage.
[Added 10-2-2007 by L.L. No. 2-2007]
[Amended 9-4-2001 by L.L. No. 2-2001]
A.Â
DWELLING
DWELLING UNIT
OUTDOOR SWIMMING POOLS
PERSON
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A building designed or used as living quarters for one or
more families.
A part of a dwelling designed for or used exclusively by
one family as a residence.
Any artificial pool or structure whether permanently installed
or temporarily placed on the premises of any person, intended for
the purpose of swimming, bathing or wading, and over 18 inches in
depth, whether above or below the finished ground level.
Includes any individual, corporation, association, organization,
firm or partnership.
B.Â
Permit required; fee. No outdoor swimming pool shall
be constructed, assembled, enlarged or altered unless a permit is
issued therefor. Permits shall be issued by the Building Inspector
of the Village of Massena upon payment of a fee of $10.
C.Â
Application for permit. Application for a permit to
construct an outdoor swimming pool shall be made to the Building Inspector
on the forms provided by him and shall be accompanied by detailed
plans and drawings, showing pool construction, lot lines, proposed
location, fence construction, outdoor lighting system, if any, water
supply system, drainage-water disposal system, appurtenances, filter
system and such other information as may be required.
D.Â
Construction requirements. Pool wall and floors shall
be constructed of an impervious material which shall provide a tight
tank and shall be of sufficient strength to contain the water therein.
All outdoor swimming pools and any facilities in connection therewith
shall be located and constructed in conformity with approved plans.
All outdoor swimming pools shall be constructed in such a manner that
all water, either overflowing or emptying from same, shall be disposed
of on the owner's land.
E.Â
Maintenance and use regulations. All outdoor swimming
pools are required to comply with the following regulations.
(1)Â
They shall be completely enclosed by a fence or wall
constructed of materials which shall be durable enough to prevent
entrance into the pool area except by use of a gate or gates. If of
wire-mesh construction, the fence is not to have linkage of more than
two inches in diameter. The entrance gate or gates shall be equipped
with self-closing and self-latching devices. All gates shall be equipped
with locks and kept locked when the pool is unattended. The fence
and gates shall commence at the finished ground level and be at least
four feet above said finished ground level.
(2)Â
An aboveground swimming pool shall not be required to be enclosed or fenced if its walls or sides for a height of at least four feet above the bottom level of the pool are smooth; if its walls provide no toeholds or other means of climbing such walls or sides to gain access to such pool, and if no part of the walls or sides of such pool are recessed into the ground, or abut a rise in the ground, a sundeck, promenade or other structure from which access to such pool may be had. In the event that any such aboveground pools are so recessed or do so abut any such structure or rise in the ground, that portion of such pool as is recessed into the ground or abuts a rise in the ground, sundeck, promenade or other structure shall be enclosed with a wall, fence or other substantial enclosure, as required in Subsection E(1) of this section, between the points where such pool wall is recessed into or abuts the ground or other structure, unless such ground or structure shall be so constituted or so constructed as not to be climbable for a height of four feet above the bottom level of the pool. Any steps or ladders used to gain access to any aboveground pool, if not within an enclosure, shall be removed from such pool, retracted to a height of four feet above the ground or otherwise secured so as not to be able to be used for access to the pool when the pool is not in actual use.
(3)Â
Lights used to illuminate the pool or pool area shall
be shielded or installed so as to prevent said lights from shining
directly upon the property of any adjacent property owner.
(4)Â
No pool wall or related equipment shall be located
within eight feet of any adjoining property in a Residential A Zoning
District or within five feet of any adjoining property in any other
zoning district; except upon a variance granted by the Zoning Board
of Appeals, after a public hearing.
(5)Â
No overhead electric lines shall be maintained within
20 feet of the nearest portion of a pool or appurtenances. All pools
shall be grounded and conform to generally accepted and approved Electrical
Underwriter Laboratory standards.
(6)Â
Should the owner abandon the pool, he shall arrange
to remove the depression and return the surface of the ground to its
original grade and approximately in the same condition as before the
pool was constructed, and the Building Inspector shall be notified
thereof.
(7)Â
Outdoor swimming pools shall not be located within
a front yard in any residential zoning district of the Village of
Massena.
(8)Â
In all districts, no pool or pool-related equipment
shall be placed on any lot within the triangle formed by the street
lot lines of such lot and a line drawn between points along such street
lot lines 30 feet in distance from their point of intersection.
F.Â
Existing outdoor swimming pools. Subsection A(1),
(2), (3) and (6) herein shall apply to existing outdoor swimming pools,
except that a pool which is more than 500 feet from a dwelling unit
other than one occupied by the owners shall not be required to comply
with Subsection A(1), (2) and (3) until such time as a dwelling unit
is constructed and occupied within such five-hundred-foot distance.
Owners of existing outdoor swimming pools shall have six months from
the effective date of this section to comply with the requirements
of these subsections. Temporary pools now in place but moved after
the effective date of this section shall, in addition to the foregoing,
also comply with Subsection A(4), (5) and (7).
G.Â
Enforcement. The provisions of this section shall
be enforced by the Building Inspector of the Village of Massena.
H.Â
Penalties for offenses. Every violation of the provisions
of this section shall be deemed to be a violation pursuant to penal
law, punishable by a fine not less than $50 nor more than $250 or
by imprisonment for not more than 15 days. Each day's continued violation
of this chapter, after written notice thereof, shall constitute a
separate and additional violation. In addition to the above-provided
penalties and punishment, or in lieu thereof, the Village Board may
also maintain an action or proceeding in the name of the Village in
a court of competent jurisdiction to compel compliance with or to
restrain by injunction the violation of such section.
A.Â
It shall be unlawful for any person to park a mobile
home on any public or private property except in accordance with this
chapter, as follows:
(1)Â
In an approved mobile home park.
(2)Â
In an approved mobile home sales lot.
(3)Â
Upon approval of a site plan by the Planning Commission
to permit a mobile home to be located on the construction site of
a new residence for a period not to exceed six months if, in the opinion
of the Planning Commission, not to do so would cause a hardship.
B.Â
Mobile home parks. No person shall construct or operate a mobile home park without first obtaining a permit. Before such a permit may be issued, there must be an approval of the site plan by a majority of the Planning Commission in accordance with procedures set forth in § 300-31.
C.Â
Mobile home standards. The following regulations shall
apply to all mobile homes and mobile home parks:
(1)Â
Mobile home parks shall be at least five acres in
area and shall provide for individual mobile home lots, interior roadways
and two parking spaces on each lot.
(2)Â
The lot for each mobile home shall be at least 6,000
square feet in area and at least 60 feet wide by at least 100 feet
in depth and shall front onto an interior roadway.
(3)Â
All interior roadways within a mobile home park must
have a paved surface at least 28 feet in width and comply with Village
street design.
(4)Â
Each mobile home shall be attached to Village water
and sewer.
(5)Â
No mobile home shall be located closer than 10 feet
to a lot line.
(6)Â
A strip of land at least 40 feet in width shall be
maintained as a landscaped buffer strip abutting all mobile home park
property lines.
(7)Â
All additions to a mobile home shall comply with the
requirements of the New York State Uniform Fire Prevention and Building
Code and with all local residential standards, including setback and
lot coverage, etc.
[Added 9-4-2001 by L.L. No. 2-2001]
A.Â
All fences constructed on any lot in the Village must
be a two-foot minimum from any lot line.
B.Â
The good or finished side of any fence erected on
any lot in the Village shall face the neighboring lots.
C.Â
All fences erected in the Village shall be constructed
of approved fencing material and the design approved by the Code Enforcement
officials.
D.Â
Fences that are not inherently resistant to deterioration
shall be periodically treated with a protective coating of paint or
other suitable preservative.
E.Â
A permit is required to erect a fence anywhere on
any lot.
F.Â
All fences shall be maintained in a sturdy, safe condition.
[Added 10-2-2007 by L.L. No. 2-2007]
G.Â
Fencing permit cost is $5.