As used in this chapter, the following terms shall have the
meanings indicated:
LAKE FRONT and LAKE FRONTAGE
The longest distance along two straight lines formed by connecting
the lot corners where they intersect the lake line with an intermediate
point (selected to maximize the length of the two lines) on the lake
line, not including man-made projections into the lake, being land
actually abutting the waters of Owasco Lake or Skaneateles Lake.
LAKE RIGHTS
Legal access to the lakefront of either Skaneateles Lake
or Owasco Lake by persons who do not own by fee simple deed said lakefront
property.
NONCONFORMING USE
Any use lawfully existing prior to and at the time of the
adoption or amendment of this chapter or any preceding zoning law
or ordinance, which use is not permitted by or does not conform to
the permitted use provisions of this chapter for the district in which
it is located. A preexisting lawful use which is allowed only by special
permit under this chapter shall be considered a nonconforming use
until such time as a special permit is granted for it.
PLAT
A map submitted to the Planning Board as part of an application
for approval.
PLOT PLAN
A map and plan showing the boundaries of a parcel and all
structures and important physical features on it, drawn to scale with
accurate dimensions and submitted with an application for a shared
lakefront recreation, together with a detailed description of uses
and users of the subject lakefront property.
SHARED LAKEFRONT RECREATION
Use of privately owned lakefront land abutting either Skaneateles
or Owasco Lake for recreational purposes by members of an association
deeded lake access rights and/or by owners or occupants of any inland
property which does not border either lake. This shall not apply to
recreational use of the lakefront parcel by one family or its guests.
It is the purpose of this chapter to confer upon the Niles Planning
Board the authority to regulate lake rights access in the Town of
Niles. Every real estate conveyance, every granting of an easement,
license and/or prescription, and every subdivision of real property
which gives access and lake rights to the shorelines of Owasco Lake
or Skaneateles Lake in the Town of Niles to property not actually
bordering those said shorelines or to persons who are not owners in
fee simple of the lakefront property to which access is being sought
shall be subject to the approval of the Town of Niles Planning Board.
Said approval shall be regulated as "shared lakefront recreation"
and may be conditioned upon the considerations laid out herein.
All land used for shared lakefront recreation shall be required
to comply with this chapter. Land being used for such purposes at
the time of enactment of this chapter shall be considered a preexisting
nonconforming use.
All applications to the Niles Planning Board for shared lakefront
recreation shall be considered a Type I SEQR action, and shall be
given Type I environmental review and use of the SEQR Long Form Environmental
Assessment Form (EAF).