[Amended 1-23-1988 by L.L. No. 3-1988; 10-8-2005 by L.L. No. 3-2005]
Before any lot or building plot is formed from part of a lot or lots shown on a filed map, the owner thereof shall submit the proposed separation or consolidation to the Village of Ocean Beach Planning Board for determination as to whether the same constitutes a subdivision or consolidation. All plans will be required to be in conformance with zoning standards and will require the concurrence of the Fire Island National Seashore. At the time of the application for the determination hereunder, the applicant shall submit certified surveys showing the subject property with all improvements, if any, as exist prior to the proposed subdivision or consolidation of the premises and as will exist after the proposed subdivision or consolidation. Failure to submit such certified surveys shall be cause for denial of the application.
No bulkheads, docks or piers for the mooring or docking of boats shall be constructed in the Village of Ocean Beach, between the westerly line of Dehnhoff Walk and the westerly line of Surf Road, nor between the westerly line of Ocean Breeze Walk and the easterly line of Surfview Walk; nor shall such bulkheads, docks or piers for the moving or docking of boats be constructed within the areas bounded by the projection northerly 300 feet of the said lines of the said walks measured from the northerly end of the said walks; nor shall any extension of existing bulkheads, docks or piers for the mooring or docking of boats be constructed in the aforesaid areas. The foregoing shall not be deemed to prohibit the use, repair or reconstruction of bulkheads, docks or piers in existence in their present configuration on the date of the adoption of this chapter.
No person shall erect, raise, establish or maintain any tent, trailer, sleeping bag or any other temporary habitation to be used or occupied as a place or means for living or sleeping on any public or private property within the village.
[Amended 12-10-1983 by L.L. No. 13-1983; 1-14-1985 by L.L. No. 1-1985; 6-10-2000 by L.L. No. 3-2000]
Any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof or who shall build or alter any building in violation of any detailed statement or plan submitted and approved under this chapter shall be subject to the penalties set forth in Chapter 1, § 1-14 of the Code of the Village of Ocean Beach. The owner or owners of any building or premises or part thereof, or any person in possession thereof, where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith who may have assisted in the commission of any such violation, shall each be guilty of a separate offense and, upon conviction thereof, shall be fined and/or imprisoned as herein provided.
The defense of legal nonconforming use, which may be interposed in a prosecution pursuant to the provisions of the Village of Ocean Beach Zoning Chapter, is deemed to be an affirmative defense, and the defendant has the burden of establishing such defense by a preponderance of the evidence.
Notwithstanding anything contained herein to the contrary, the provisions of this chapter shall not apply to any premises or structures owned or utilized by the Incorporated Village of Ocean Beach.