When used in this chapter, words in the present
tense include the future and words of one gender include all genders.
The singular number includes the plural and the plural includes the
singular. The term "shall" is intended to be mandatory. Whenever a
word or term is defined to include certain items or matters, such
inclusion is intended to be by way of specification and not of limitation.
The word "lot" includes the word "plot" or "parcel." If interpretation
or clarification of any word used in this chapter is needed it shall
be provided by the Village Zoning Board of Appeals in accordance with
such powers granted to them.
As used in this chapter, the following terms
shall have the meanings indicated:
A building, the use of which is customarily incidental to
that of a dwelling and which is located on the same lot as that occupied
by the main building.
Any building or use which is subordinate to and whose use
is incidental to the principal building or use on the same lot or
on an adjoining lot under the same ownership.
The person or persons having title in fee to the adjacent
upland parcel. This shall include the owner(s), lessee(s), occupant(s),
easement holder(s), or any other person(s) or entity(ies) with a legal
or beneficial interest in the adjacent upland parcel.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
A parcel of land bordering on the shore of the St. Lawrence
River and adjacent bays.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
All actual expenses and liabilities incurred by the Village
or any of its officers or agencies in compliance with this chapter
and all other applicable laws or regulations, including but not limited
to engineering fees and disbursements, legal fees and disbursements,
publication expenses, administrative expenses and any other actual
expenditure incurred or accrued by the Village.
Any of a range of uses that is involved in the viewing or
distribution of materials or live behavior that is sexually explicit
in nature and excludes minors by reason of age. Such uses shall include
erotic dance halls, erotic movie theaters, adult bookstores, peep
shows, massage parlors, etc.
The raising for compensation of poultry, crops, livestock
and agricultural or dairy products, fish or game. The term includes
plant, crop and tree growing and harvesting, animal husbandry, horticulture,
forestry, fish for bait or harvest and the sale for wholesale or retail
of the products thereof upon the premises where the same are grown
or produced. The term does not include the operation of a hog farm
or fur farm.
Land which is used for raising livestock or agricultural
products, including farm structures and storage of agricultural equipment,
riding and boarding stables and, as an accessory use, the sale of
agricultural products raised on the property.
A right-of-way which affords a secondary means of vehicular
access in the Village. All properties abutting any "alley" shall be
considered to be rear or side yards.
To change or rearrange any exterior structural part of the
existing facilities of a building or structure by enlarging the building
or structure, whether by extending any side or increasing the height
thereof, or to move the same from one location or position to another.
It shall not be considered an "alteration" if there is no expansion
of exterior dimensions. For instance, replacement of windows, doors,
siding, roofing, etc., as well as interior alterations shall not be
considered an "alteration" for the purpose of this chapter.
The owner of record of the parcel or his duly authorized
agent.
Any lot or building or portion thereof used or occupied for
the sale or supply of gasoline or motor vehicle fumes, oils or lubricants
or for the polishing, greasing, washing or servicing (but not painting)
of motor vehicles.
See "boat slip."
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
Building wherein more than four people are sheltered for
profit.
Any vessel, floating craft, seaplane, or personal watercraft
which utilizes a docking facility, including, but not limited to,
canoes, rowboats, rowing shells, kayaks, windsurfers, jet skis, and
other small boats or personal watercraft which are contained in a
docking facility.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
An enclosed storage structure, the purpose of which is the
storage of related boating accessories. A boat accessory structure
shall not be defined to mean a boat hoist structure, boat station
or boathouse.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
A temporary open-sided structure placed in the water; a mechanical
or manual device is attached to the structure to raise or lift a boat
out of the water for waterside storage. A boat hoist structure may
have a roof. A boat hoist structure shall not be defined to mean a
boat station, boathouse or boat accessory structure.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
Any mechanical or manual device, the purpose of which is
to raise or lift a boat out of the water for waterside storage.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
A permanent enclosed structure that provides direct water
access for boats, and is wholly or partially supported or constructed
below the mean high-water mark. A boathouse has a permanent roof and
one or more enclosed sides. A boathouse shall not be defined to mean
a boat hoist structure, boat station or boat accessory structure.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
A place, site or structure to facilitate the ingress or egress
of a watercraft into or onto a body of water.
A waterside storage area adjoining the shore, any structure,
boat hoist structure, boat station, slip, boathouse, dock or pier,
the purpose for which is the storage of a boat, yacht, or any floating
craft.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
A permanent open-sided structure constructed in the water,
with a mechanical device, the purpose of which is to raise or lift
a boat out of the water for waterside storage. A boat station is intended
as a permanent boat hoist structure. A boat station shall not be defined
to mean a boat hoist structure, boathouse or boat accessory structure.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
Any structure having a roof supported by columns or by walls
which is used or occupied for the shelter, housing or enclosure of
animals, persons or property. The term, unless specified, includes
both principal and accessory buildings.
The total area, taken on a horizontal plane at main grade
level, consumed by the principal building and all accessory buildings,
excluding chimneys, uncovered porches, patios, terraces, steps and
open areaways.
The foundation line of that face of the building or structure
nearest the lot line, excluding chimneys and uncovered porches, patios,
terraces, steps and open areaways.
A structure with accommodations for living and sleeping designed
for seasonable occupancy having a minimum area of 200 square feet.
The term does not include trailer camps.
Any lot, building, structure or part thereof used or occupied
by two or more recreation trailers or vehicles which are used for
part-time living or sleeping purposes.
A building, structure or facility which obtains commercial
income from the washing, cleaning or waxing of motor vehicles. Such
a use may be the principal function of the building or land on which
it is situated or an ancillary use thereof.
A building or use catering exclusively to club members and
their guests for fraternal or recreational purposes.
A building, structure or use operated for the benefit of
the general well-being, health, safety, welfare and enjoyment of the
public. This use shall include but not be limited to fire stations,
libraries and community-owned buildings.
A building or group of buildings in which units are owned
individually and the structure, common areas and facilities are owned
by all the owners on a proportional, undivided basis. The purchaser
has title to his or her interior space in the building and an undivided
interest in parts of the interior, the exterior and other common elements.
The manufacture, bulk storage or handling of explosives,
illuminating gases, lethal or toxic chemicals or other explosive,
combustible, inflammable, lethal or toxic substances in such quantities
or in such manner as may or does endanger the public safety. The term
does not include the operation of a retail gasoline station.
Any structure or fixed platform built on floats, columns,
open timber, piles, or similar open-work supports, or cantilevered
structures anchored to the shore, including piers and wharfs and designed
to provide access from the shore of the St. Lawrence River or the
many connected bays for swimming, boating or other recreational or
commercial uses and shall also include accessorial uses. All structural
descriptions provided above, which are placed on the waterside of
the mean high-water mark, shall be defined as a dock.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
A commercial facility building or use which relies upon the
motoring public for its business. Such facilities contain appropriate
traffic/parking arrangements to serve motor vehicles. Examples of
such facilities include drive-in restaurants, banks, etc.
A building used or occupied as living quarters for one or
more families. The term does not include tourist accommodations or
trailers.
Any building used in whole or part for human habitation (trailers
or mobile homes are defined separately). All such "dwelling units"
shall have at least 300 square feet of interior floor area.
DWELLING, SINGLE-FAMILYA detached building designated for or occupied exclusively by one family and containing not more than one dwelling unit.
DWELLING, TWO-FAMILYA building designed for or occupied by two families living independently of each other.
DWELLING, MULTIPLEA building or portion thereof used or designed as a residence (including cooking, sanitary, living or sleeping facilities) for each of three or more families.
See definition for "Zoning Enforcement Officer."
A form used to determine the environmental significance of
proposed projects. An "EAF" describes the proposed activity, its location,
purpose and potential impacts on the environment.
To erect, construct, build, re-erect, reconstruct, rebuild
or excavate for a building or structure.
Any structure(s) designed, used or constructed to prevent
damage of property by the littoral or riparian waters of a water body
or other movement of water across a surface. Such structures are those
designed in conformance with New York Guidelines for Urban Erosion
and Sediment Control or other equivalent generally accepted standard.
Erection, construction, alteration, operation or maintenance
by municipal agencies or public utilities of telephone dial equipment
centers, electrical or gas substations, water treatment or storage
facilities, pumping stations and similar facilities.
One or more persons living together as a single housekeeping
unit.
Same definition as "wall."
Establishments such as, but not limited to, banks and trust
companies, credit agencies, investment companies, insurance agents
and brokers and buyers, sellers, agents and developers of real estate.
Any floating structure or device anchored or moored to the
shore or land underwater of the St. Lawrence River or its many bays.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
The total horizontal area of all floors of a building, excepting
the basement and attic thereof, measured along the faces of the interior
walls.
The lot line adjoining any street or highway right-of-way
line. If a lot adjoins two or more streets or highways, it shall be
deemed to have a "front lot line" respectively on each.
The yard between the front building line and the front lot
line and extending the full width of the lot.
An establishment with facilities for the preparation of the
dead for burial or cremation, for the viewing of the body or for the
observances held for a dead person as an incident to burial and cremation.
Any lot or building or part thereof used or occupied for
raising or keeping for compensation of rabbits, foxes, minks, skunks
or other fur-bearing animals.
Any lot or building or portion thereof used or occupied for
the sale or supply of gasoline or motor vehicle fuels, oils or lubricants
or for the polishing, greasing, washing or servicing of motor vehicles.
Completed surfaces of ground, lawns, walks, paved areas and
roads brought to finished (final) grade, as shown on plans relating
thereto.
The vertical distance measured from the mean high-water level
to the highest portion of the building or structure.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
Same definition as "road line."
Any building, structure or site designated as historic by
the National Register of Historic Places.
Any building, structure or parcel of property possessing
special character or historic or aesthetic interest or values as part
of the cultural, political, economic or social history of the locality,
region, state or nation or which is identified with historic personages
or embodies a particular architectural style or the work of a significant
architect or is visually singular to a neighborhood due to location
or physical character.
Any accessory use of a service character customarily conducted
within a dwelling by the resident thereof which is clearly secondary
to the use of the dwelling for living purposes and does not change
the character thereof or have an exterior evidence of such secondary
use, other than a small nameplate, and in connection therewith there
is not involved the keeping of stock for trade. The office of a physician,
surgeon or dentist or insurance offices, convalescent homes and mortuary
establishments or an instructor in violin, piano and other individual
musical instruments who offers skilled services to clients and is
not professionally engaged in the purchase or sale of economic goods
shall be deemed to be permitted as "home occupations," and the occupations
of dressmaker or seamstress, each with not more than one paid assistant,
shall be deemed to be permitted as "home occupations."
An institution in which sick or injured persons are given
medical or surgical treatment. It does not include an establishment
for permanent occupation by the poor, convalescent or mentally ill.
A building which has a common entrance and general dining
room and contains seven or more living and sleeping rooms designed
to be occupied by individuals or groups of individuals for short or
extended periods of time.
A device used in or near the water to interrupt the transformation
of water to ice or to break up already established ice during the
winter season.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
An indoor area or structure or portion thereof, open to the
public, which contains four or more coin-operated games and/or similar
entertainment and amusement devices.
Any motor vehicle which is unregistered and inoperative for
a period of six successive months or more.
Any motor vehicle (whether automobile, boat, bus, trailer,
truck, motor home, motorcycle or snowmobile, vessel or any other device
originally intended for travel on public highways or on water) which
is unlicensed, wrecked, discarded or dismantled and which is not intended
or in any condition for legal use upon the public highway or waters.
When referring to agricultural vehicles or other special purpose vehicles
(such as for hunting and snowplowing), the term means any motor vehicle
which is incapable of motion under its own power.
An area of land, with or without buildings, primarily used
for the storage, outside of a completely enclosed building, of used
and discarded materials, house furnishings, machinery, vehicles or
parts thereof, including junk, with or without the dismantling, processing,
salvage, sale or other use or disposition of the same. The deposit
or storage of two or more inoperative motor vehicles or the major
parts of two or more such vehicles shall be deemed to make the lot
a "junkyard."
Land or building used for the breeding, boarding, training,
sale, housing or harboring of five or more dogs or cats, or combination
thereof, over six months of age.
The horizontal lineal distance measured in a straight line
between the lot lines at the mean high-water mark. Linear foot of
shore for developments that involve alteration of shore will be measured
at the natural mean high-water mark before such alteration. The mean
high-water tie line of the adjacent upland parcel, which is described
in the definition of "water rights line," Subsection A, herein, determines
the linear feet of shore.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
Includes the raising of cattle, pigs, horses, chickens and
other similar farm animals for commercial gain.
A parcel of land used or occupied or capable of being used
or occupied by a building or structure and the accessory buildings,
structures or uses customarily incident to it, including such yards
as are required by this chapter.
Total area within the property lines, excluding any part
thereof lying within the boundaries of a public street or proposed
public street.
A parcel of land at the junction of and bounded on two or
more intersecting streets.
A mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
Any line dividing one lot from another or bounding a lot.
Any lot which, individually or as a part of a subdivision,
has been recorded in the County Clerk's office and for which proof
can be given that the lot was intended for development prior to adoption
of this chapter.
The mean horizontal distance between the side lot lines measured
at right angles to the lot depth.
A building designed for long-term residential use having
the following characteristics:
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products.
Any lot, building, structure or part thereof located on the
waterfront and providing docking and secure mooring facilities for
yachts, motor boats, sailboats and other marine vehicles or craft.
Includes the sale, rental and/or storage of marine and boating vehicles,
as well as supplies, service, repair and other related facilities
and/or operations necessary to maintain such craft.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
The location where the mean high-water levels intersect with
the adjacent upland parcel.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
The approximate average low-water level or high-water level
for a given body of water at a given elevation, determined by reference
from survey datum provided by the United States Geological Service
(USGS). The mean low/high-water level for Alexandria is according
to data from the New York State Office of General Services.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
The location where the mean low-water level intersects with
the adjacent upland parcel.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
Any building, portion of a building or use thereof which
is used in the diagnosis and/or treatment of medical ailments.
Manufactured housing built on a chassis. A "mobile home"
shall be construed to remain a "mobile home," subject to all regulations
applying thereto, whether or not wheels, axles, hitch or other appurtenances
of mobility are removed and regardless of the nature of the foundation
provided. This does not include recreational vehicles or sectional
prefabricated houses.
Any lot under single ownership on which three or more mobile
homes are located, regardless of whether or not a charge is made for
accommodations.
A dwelling unit which is manufactured in two or more sections
off-site and transported to the construction/placement site and assembled
there. All "modular homes" shall only be permitted on a permanent
foundation.
A floating object anchored to the bed of the St. Lawrence
River but not to the shore, to which a boat could be attached for
waterside storage.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or living quarters with
direct outside access and related office, with or without restaurant
facilities, designed primarily for transient automobile travelers
and provided with accessory off-street parking facilities.
Enclosed establishment for display and sale of new and used
motor vehicles, trailers, mobile homes or boats.
As they are related to agricultural use, any motor vehicle
which is incapable of motion under its own power.
A building, structure or use of land and structure which
is not in conformity with the terms of this chapter at the time of
enactment thereof or any structure substantially under construction
on the effective date of this chapter and substantially completed
within one year of the effective date of this chapter.
Any use which is noxious, offensive or injurious by reason
of the emission of dust, smoke, refuse matter, odor, gas, fumes noise
or vibration. The term includes the operation of a hog farm, fur farm,
slaughtering house or rendering works.
A dwelling where persons are lodged and furnished with meals
and nursing care for commercial purposes. This shall not include homes
for the mentally handicapped, drug or alcohol rehabilitation patients,
etc.
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry or government.
A space for parking off the public streets and places in
the Village.
All contiguous land described in a single deed, lease, mortgage
or other conveyance.
An off-street space available for the parking of one motor
vehicle and having an area of not less than 200 square feet, exclusive
of passageways and accesses thereto, and having direct access to a
street or highway.
The type of construction for any dock, boathouse, boat station,
or boat accessory structure that is anchored to the underwater land
and intended not to be removed each season.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
Any use permitted under the provision for the district in
which the land, building or structure is located.
A vessel which uses an inboard motor powering a water jet
pump as its primary source of propulsion and which is designed to
be operated by a person sitting, standing in or kneeling on, or being
towed behind the vessel rather than in the conventional manner of
sitting or standing inside the vessel.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
Any structure extending out into or over the water, built
upon fill, which shall include, but shall not be limited to, earth,
clay, silt, sand, gravel, stone, rock, shale, concrete (whole or fragmentary),
ashes, cinders, slag, metal, whether or not enclosed, or containing:
[Added 4-29-2016 by L.L. No. 1-2016; amended 6-13-2017 by
L.L. No. 4-2017]
The Planning Board of the Village of Alexandria Bay.
A structure or facility constructed to hold water at least
three feet deep and used by either private or public parties for recreational
purposes.
A building in which is conducted the main or principal use
of the lot on which such building is located.
The main or principal purpose for which any land, building
or structure is used or occupied.
Includes an auditorium, theater, public hall, school hall,
meeting hall, church and temple.
Any garage operated for gain which is used or occupied for
the storage, repair, rental, servicing, adjusting or equipping of
automobiles or other motor vehicles.
The yard between the rear building line and the rear lot
line and extending the full width of the lot.
A municipally or privately owned and operated swimming pool,
open space, tennis court, athletic field or similar area or facility
for recreational use.
Includes a motor home, a truck camper or camping trailers
less than 48 feet in length and used for recreational purposes.
Includes a church, temple, parish house, convent, seminary
and retreat house.
Any establishment at which food is sold for consumption to
patrons seated in an enclosed building or on the premises.
A retail or wholesale store with more than or equal to 7,500
square feet of gross floor area.
A retail or wholesale store with less than 7,500 square feet
of gross floor area.
Right-of-way line of a road as dedicated by a deed or record.
Where the width of the road is not established, the "road line" shall
be considered to be 25 feet from the center line of the road pavement.
Any lot, building or part thereof used or occupied for the
collecting, storage, salvage, processing, dismantling or sale of any
of the following materials collected or received from sources off
the premises: wastepaper, rags, scrap or discarded metals or materials
or machinery, equipment or vehicles not in running condition and parts
thereof.
A permanently or temporarily placed dish-shaped antenna used
for the purpose of receiving microwave television signals from earth-orbiting
satellites.
Includes parochial, private, public and nursery schools and
a college university and accessory uses and shall exclude a commercial
operated school of beauty culture, business, dancing, driving, music
and similar establishments.
See definition for "automobile service station."
A group of commercial establishments, three or more, built
on a site that is planned, developed, owned and managed as an operating
unit related in location, size and type of shops to the trade area
that the unit serves and providing on-site parking in definite relationship
to the type and total size of the stores.
The yard between the side lot and the nearest side building
line and extending from the rear line of the front yard to the front
line of the rear yard.
Any kind of billboard, signboard, pennant or other shape
or device or display used as an advertisement, announcement or direction.
Such a notice may be incorporated onto a building surface, be freestanding
or be attached.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered on the premises
or elsewhere than where the sign is located.
Any sign supported by its own base(s) or hung from above
in cantilever fashion from a building.
Shall have a minimum of 720 square feet of floor area at
ground level exclusive of garages, porches and other similar accessory
attachments.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year or those
properties located within the one-hundred-year floodplain.
A public thoroughfare for motor vehicles which affords the
primary means of access.
Any combination of materials which forms a stable construction
or fabrication. The term includes platforms, stadiums, towers, posts,
billboards and signs but is not intended to include conventional sidewalks,
driveways, curbs or fences, hedges or walls.
[Added 5-25-1999 by L.L. No.
2-1999]:
Any commercial equipment used in connection
with the provision of wireless communications services, including
cellular telephone services, personal communications services, radio
and television broadcast communications and private radio communications
services, and are regulated by the Federal Communications Commission,
both in accordance with the Telecommunications Act of 1996 and other
federal laws. A telecommunications facility shall include monopole,
guyed and latticework tower(s) and other similar structures, as well
as antenna(s), switching stations, principal and accessory telecommunications
equipment and supporting masts, wires, structures and buildings.
The following types of telecommunications facilities
are not subject to the provisions of this chapter:
The type of construction for any waterside structure that
is intended to be removed each season.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
Any permanent building or part thereof which is used or occupied
for the overnight accommodation of transient guests and for which
compensation is given. The term includes tourist homes, tourist cabins,
hotels, auto courts and motels but does not include camps or trailer
camps.
Includes any vehicle used as sleeping or living quarters
mounted on wheels or a camper body usually mounted on a truck and
any vehicle which is customarily towed by a motor vehicle and used
for carrying goods, equipment, machinery or boats or as an office.
The specific purpose for which any land, building or structure
is used or occupied.
Used or occupied or intended, arranged or designed to be
used or occupied.
A building, portion thereof or use which is principally used
in the treatment and convalescence of ailing animals. Such a facility
may also be used to board animals. It is usually staffed by a trained
veterinarian and/or other professionals/workers.
A facility of wood, stone or other materials or combination
thereof intended for defense, security, screening, partitioning or
enclosure or for the retention of earth, stone, fill or other materials
as in the case of retaining walls or bulkheads. A fence shall be considered
a "wall."
Includes a warehouse, wholesale establishment, discount house,
bulk storage and bulk sales outlet.
Any refuse, rubbish, waste matter, litter, garbage, decomposable
or organic matter, putrescible matter, carcass, sewage, excrement,
swill, slops, malodorous or obnoxious liquids or substances, ashes,
tin cans, crates, boxes, easily combustible matter or other substances
or material offensive to the public or detrimental to its health.
The lines that are used solely for determining the boundaries
for the placement of waterside structures, and all other facilities
subject to this law. The method for establishing water rights lines
is as follows:
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
Water rights line. Waterside structures shall be placed within
the water rights line of the parcel so as not to interfere with the
waterside usage of adjacent parcels. Water rights lines are determined
using the following method (See Figure 1):[1]
Determine the four points where the mean high-water mark intersects
the property lines of the parcel and the two adjoining shore parcels.
Connect the points of intersection with straight lines. These
lines are called mean high-water tie lines.
Where two mean high-water tie lines meet, measure the angle
on the waterside.
Bisect (or divide by two) that waterside angle measurement.
The bisecting line, projected out over the waterside, is the water
rights line.
It is the owner's responsibility to determine water rights lines.
The Zoning Enforcement Officer can be contacted for assistance if
necessary.
An activity which can only be conducted on, in, over or adjacent
to a water body because such activity requires direct access to that
water body and which involves, as an integral part of such activity,
the use of the water (i.e., commercial and recreational boating and
fishing, swimming, marinas, facilities for shipping, ferry landings).
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
An activity which does not require a location adjacent to
coastal waters, but whose location on the waterfront adds to the public
use and enjoyment of the water's edge (i.e., restaurants, parks, hotels,
and shops).
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
The water side of the mean high-water mark.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
All temporary or permanent structures located on the waterside
of the mean high-water mark.
[Added 4-29-2016 by L.L.
No. 1-2016; amended 6-13-2017 by L.L. No. 4-2017]
Generally determined to mean that unoccupied open space (from
the ground upward) between the building line and the nearest lot line
or street line.
YARD, FRONTThe yard between the front building line and the front lot line and extending the full width of the lot.
YARD, REARThe yard between the rear building line and the rear lot line and extending the full width of the lot.
YARD, SIDEAn unoccupied space extending from the front yard to the rear yard between the required side setback line and the nearest side lot line.
The person appointed by the Mayor, subject to Village Board
approval, to carry out the regulations of this chapter.
[1]
Editor's Note: Figure 1 is included as an attachment to this
chapter.
