One of the primary advantages of being incorporated as a village is the ability to control community growth and development through zoning regulations. Zoning laws are a set of rules that maintain the community standards desired by its residents. These rules protect all residents from unwanted change and development. It is important that all residents understand the guidelines whenever they seek to change or improve their property. For example, Massapequa Park is zoned for single-family detached houses only, except for the Southgate single-family attached condominium complex on Merrick Road. Two-family homes are illegal.
Property owners may petition for an exemption from the zoning laws through the Zoning Board of Appeals. Some examples of petitions that normally come before the Board are:
- Construction of a fence that is higher than four feet, or a solid fence. (All fences, regardless of height, require a permit, and other construction requirements must be met. See "Fences" under "Ordinance Review")
- Installation of a pool too close to the property line;
- Modification of a home into a "mother/daughter" arrangement. (Such modification may not internally block the house into two separate and distinct units.);
- Build a house on an undersized lot (less than 60 ft. by 100 ft.);
- Extension or expansion of a house that would be too near the property line.
The procedure for requesting a zoning variance is:
- The property owner obtains from Village Hall the necessary forms and instructions on what is needed to file the request.
- The completed forms, other required information and a filing fee are submitted to the Building Department.
- A hearing on the petition is added to the agenda of the next available monthly meeting of the Zoning Board of Appeals.
- A notice of the hearing is published in a local newspaper and neighbors directly affected are notified by mail.
- The hearing is held - usually on the fourth Wednesday of the month at 8:00 p.m. in Village Hall. The petitioner presents his/her arguments for approval of the request, explaining why existing law creates an undue hardship. Others may then speak either in favor of or opposed to the petition.
- Decisions that grant variances are not precedent setting. All requests are determined on the merits of the individual case and are based on the nature and severity of the hardship.
Only one-family homes can be maintained in the village. A family consists of one or more people related by blood, adoption or marriage living together as a single housekeeping unit. Two people living together, but not related, will be considered a family as long as one is not a lodger or boarder, etc. A single housekeeping unit means that there is no physical division of the home into two living units.
A mother-daughter house is defined as a temporary apartment granted to a homeowner for a relative, by blood or marriage. The right to have such a house may be granted to an applicant once ample proof of relationship is submitted to the Board of Trustees. There may be no physical division of the home into two separate living units. No entrance can be constructed serving the Mother-Daughter apartment exclusively, nor can external stairways or decks be constructed more than 5 feet above grade level to serve the Mother-Daughter apartment.
Domesticated non-farm animals are permitted as pets. This excludes pigeons, chickens, farm animals and any animal classified as 'wild.' All dogs must be registered annually with the Village. Once the dog is registered at Village Hall, the owner will receive renewal notices from the State and the fee is payable by mail to Village Hall. Dogs must be on a leash or otherwise restrained. If a dog defecates in the street or on public or private property, the owner is required by health law to clean it up immediately. The water collection sumps cannot be used as dog runs and the areas around the sumps must be given the same respect as private property. Dogs must not be permitted to bark excessively so they become a disturbance to other residents. Pets are not permitted in Village Parks. The only exception is for seeing-eye dogs.
A building permit is required for all additions, alterations and structural changes to existing structures, all new construction, decks, sheds larger than 10 feet by 12 feet; central air conditioning, plumbing work, installation of inground swimming pools and above ground pools that have a deck around them. (Above ground pools have a less complex permit application.) To obtain a building permit property owners must supply the following:
- Two surveys of the property with alterations and additions, fences, etc., clearly indicated with dimensions.
- Two sets of plans for alterations and/or additions. Plans must be approved by the building inspector and may require the seal of a professional engineer.
- A completed building permit application.
- A processing fee.
- Proof of worker's compensation insurance, or an affidavit from the property owner stating that he will be doing the work himself.
If an application for a building permit is rejected by the Building Department due to non-conformance with the Village laws, an application for a hardship variance may be made to the Zoning Board of Appeals. This application must be accompanied by all of the above documentation. All application forms are available at Village Hall.
Swimming pools are one of the most popular additions to property in the Village. But so they do not become a danger or nuisance to neighbors, safeguards have been established. Some of these rules are:
- All swimming pools, both inground and above ground, must have a permit which can be obtained at Village Hall.
- The pool area must be completely enclosed with an impregnable fence at least four feet above ground with self-closing and latching gates.
- Adult supervision is essential at all times.
- Neither the pool nor any structure associated with it, such as decks and diving platforms, can be within five feet of the property line.
- Pools and fences may not extend beyond the front or side setbacks of the house.
- A pool may never be emptied into the street.
- Before emptying a pool into a catchbasin, a permit is required.
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