[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 Board of Trustees shall have the power to
institute any action or proceeding in courts of competent jurisdiction
to restrain, correct, remove or abate any violation of the provisions
of this chapter.
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.
