Article V Bulk and Design Standards

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

Corner lots.

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.

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.

Through lots. On a through lot, front yards are required on all street lines.

Fences, hedges and terraces shall be set back at least two feet from the street lot lines to permit snow removal.

Exceptions to front yard requirements.

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.

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.

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.

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.

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.

§ 300-17 Side yards.

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.]

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.

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.

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.

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.

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.

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.

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.

§ 300-18 Rear yards.

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]

Projections into rear yards.

Chimneys and fireproof outside stairways to upper stories may project not over 3 1/2 feet into a required rear yard.

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.

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.

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.

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.

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.

§ 300-19 Lot width.

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

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.

All incident structures shall be built a minimum of three feet from the sidewalk.

[Added 9-4-2001 by L.L. No. 2-2001]

§ 300-20 Solar access.

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.

§ 300-21 Signs.

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.

General requirements. The following general requirements shall apply to all signs:

Construction and maintenance.

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.

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.

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)

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)

All construction, fixtures, wiring and installation shall conform to the New York State Uniform Fire Prevention and Building Code, where applicable.

(f)

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)

The owners of any sign overhanging the public right-of-way shall provide the Village of Massena with evidence of liability insurance coverage.

Location.

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:

[1]

Impair public safety.

[2]

Restrict clear vision for vehicles entering and leaving the highway or between a sidewalk and street.

[3]

Create confusion relative to any traffic sign or signal.

[4]

Prevent free access to any door, window or fire escape.

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.

Type.

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.

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.

Neon shall not be permitted to exceed 20% of the total permissible size of any sign.

(d)

No sign or part thereof shall contain or consist of banners, pennants, ribbons, streamers, spinners or other similar moving, fluttering or revolving devices.

(e)

No portable sign shall be permitted, except for periods not to exceed 72 hours, without a permit from the Code Enforcement Officer.

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:

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:

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.

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.

One sign identifying any nonresidential building or use permitted in the applicable residential district, not to exceed 20 square feet in area.

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:

The appropriate signs allowed for in the residential districts, where applicable, and according to the restrictions identified in Subsection C(1) above.

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.

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)

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)

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.

(f)

A single freestanding sign per premises shall be permitted in Commercial Transition Districts CTD and in Commercial Auto-Related Districts CAR.[1]

[1]

Editor's Note: Former Subsection C(3), Permits, which immediately followed, was repealed 2-20-2018 by L.L. No. 1-2018.

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.

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:

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.

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.

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.

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.

Exempt signs. Exempt signs shall be as follows:

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.

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)].

Temporary signs shall be as follows:

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.

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.

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.

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.

Temporary signs.

[Added 10-2-2007 by L.L. No. 2-2007; amended 2-20-2018 by L.L. No. 1-2018]

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.

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.

§ 300-22 Parking and loading.

Off-street parking. Off-street parking spaces, open or enclosed, are permitted accessory to any use, subject to the following provisions:

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]

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]

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

Commercial parking requirements for lots with six or more spaces.

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.

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.

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)

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)

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)

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)

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)

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.

Off-street loading. Off-street loading spaces, open or enclosed, are permitted as an accessory to any use, subject to site plan review.

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.

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.

Joint facilities. Loading facilities, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments.

§ 300-23 Prohibited uses.

[Amended 10-2-2007 by L.L. No. 2-2007; 8-19-2008 by L.L. No. 9-2008; 2-20-2018 by L.L. No. 3-2018; 7-15-2025 by L.L. No. 8-2025]

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.

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.

The creation of a disturbance caused by any noise, vibration, electromagnetic interference or any other form is prohibited.

Uses which involve any dangerous fire, explosive, radioactive or other hazard are prohibited.

Uses which can cause injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants are prohibited.

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.

The raising of livestock, rabbits, poultry and other similar animals is prohibited.

The commercial kenneling of dogs, cats and other similar animals is prohibited.

Artificial lighting which directly illuminates any area beyond the lot lines is prohibited.

Amusement parks, circuses and related activities, except for a temporary period on special license from the Village Treasurer, are prohibited.

Junkyards or dumps are prohibited.

Two or more vending machines not enclosed by a building are prohibited.

Rendering facilities are prohibited.

Manufacture or storage of fireworks is prohibited.

Storage of explosives is prohibited in quantities exceeding those permitted by the New York State Uniform Fire Prevention and Building Code.

Open-front retail stores arranged and designed for the purpose of making sales to persons on the public street or sidewalk are prohibited.

Abandoned and/or unused vehicles/recreational vehicles, including, but not limited to, any type of motor vehicle, whether automobile, bus, trailer, truck, tractor, motor home, motorcycle, mini-bicycle, snowmobile, watercraft or any other device originally intended for travel on the public highways, or public waterways, and which meets all of the following conditions: (1) It is unregistered; (2) It is either abandoned, wrecked, stored, discarded, dismantled, or partly dismantled; and (3) It is not in any condition for legal use upon a public highway or waterway. With respect to any motor vehicle or watercraft, the fact that such motor vehicle or watercraft has remained unused for more than six months, and is not in condition to be removed under its own power, shall be presumptive evidence that such motor vehicle is an abandoned and/or unused vehicle for purposes of this section.

No lot shall be used for the final abandonment of any material, liquid or solid, or the storage of hazardous waste.

Junkyards, to include auto demolition, are prohibited in all districts in the Village of Massena.

No person shall drain a pool or spa except to his closest street frontage.

§ 300-24 Residential swimming pools.

[Amended 9-4-2001 by L.L. No. 2-2001]

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.

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.

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.

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.

Maintenance and use regulations. All outdoor swimming pools are required to comply with the following regulations.

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.

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.

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.

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.

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.

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).

Enforcement. The provisions of this section shall be enforced by the Building Inspector of the Village of Massena.

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.

§ 300-25 Mobile homes.

[Amended 7-15-2025 by L.L. No. 9-2025]

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:

In an approved mobile home park.

In an approved mobile home sales lot.

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.

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.

Mobile home standards. The following regulations shall apply to all mobile homes and mobile home parks:

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.

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.

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.

Each mobile home shall be attached to Village water and sewer.