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.
[Amended 9-4-2001 by L.L. No. 2-2001]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
DWELLING
A building designed or used as living quarters for one or
more families.
DWELLING UNIT
A part of a dwelling designed for or used exclusively by
one family as a residence.
OUTDOOR SWIMMING POOLS
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.
PERSON
Includes any individual, corporation, association, organization,
firm or partnership.
B. 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. 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. 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. Maintenance and use regulations. All outdoor swimming
pools are required to comply with the following regulations.
(1) 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) 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) 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) 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) 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) 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) Outdoor swimming pools shall not be located within
a front yard in any residential zoning district of the Village of
Massena.
(8) 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. 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. Enforcement. The provisions of this section shall
be enforced by the Building Inspector of the Village of Massena.
H. 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.
[Added 9-4-2001 by L.L. No. 2-2001]
A. All fences constructed on any lot in the Village must
be a two-foot minimum from any lot line.
B. The good or finished side of any fence erected on
any lot in the Village shall face the neighboring lots.
C. All fences erected in the Village shall be constructed
of approved fencing material and the design approved by the Code Enforcement
officials.
D. Fences that are not inherently resistant to deterioration
shall be periodically treated with a protective coating of paint or
other suitable preservative.
E. A permit is required to erect a fence anywhere on
any lot.
F. All fences shall be maintained in a sturdy, safe condition.
[Added 10-2-2007 by L.L. No. 2-2007]
G. Fencing permit cost is $5.