Docks and Mooring Law
General Building Information
If you have questions, please contact the Building Inspector – see information below
Permits are required. Obtaining permits from the DEC and the Army Corps will take several months, so plan a head.
Commercial: $75.00 every yr., or .10 per linear ft, whichever is greater, every 12 months plus an additional $25 for every inspection as requested.
Residential new dock $75.00
Required Forms:

• Building Permit
• Instructions: DEC/ACOE Joint Application
• DEC/ACOE Fillable Form
• SEQR Form (DEC)
• SEQR Mapper (DEC)
• Water Front Assessment Form
• CMP Assessment
• Federal Consistency Assessment Form

Except as otherwise provided in Chapter 86 of the Village of Sodus Point Code, no dock, pier, boathouse, deicer, structure or mooring buoy shall be placed, located, constructed, maintained or used in any waters bounding the village within a distance of 1,500 feet from the shoreline without a permit issued in accordance with this chapter. Any such dock, pier, boathouse, deicer, structure or mooring buoy shall be unlawful until a permit is issued.

The NYS Department of Environmental Conservation (DEC) has delineated a Coastal Erosion Hazard Area along Lake Ontario and along parts of Sodus Bay to protect this fragile waterfront zone. Disturbance to this area is discouraged, and any proposed earthwork or construction in this area requires a permit from the DEC. A DEC permit is required before a dock permit can be obtained.

To construct a dock on Sodus Bay, a permit from the NYS DEC and U.S. Army Corps of Engineers is required. A Village of Sodus Point permit is also required to insure that the required village zoning codes (i.e. number of docks, size, and setbacks) are being met.

NYS DEC Region 8 Office, Avon, NY can be reached by calling (585) 226-5400, or download a joint permit application here. The DEC coordinates its review with the U.S. Army Corps of Engineers. (The form is for all projects that affect streams, waterways, waterbodies, wetlands, coastal areas and sources of water withdrawal)

Any installation of a permanent dock requires a DEC / Army Corps of Engineers Joint Application

The Village of Sodus Point has a LWRP and is a designated NYS Coastal Management area. Therefore; any project on the Waterfront requires a NYS State Coastal Management (CMP) Assessment Form

Obtaining permits from the DEC and the Village will take several months, so plan a head.

§ 86-13. Mooring buoys.
Fees:  Fees: Contact Code enforcement officer
Forms: Building Permit
The Docks and Moorings Inspector is authorized to issue a permit for any mooring buoy conforming to the requirements of this chapter. Mooring buoys shall be placed only in connection with littoral parcels. Such buoys shall be placed only within an area parallel and 20 feet inward of parcel lines extended bay-ward as prescribed in § 86-23B and C of this chapter and to a depth necessary for the safe mooring of a boat not to exceed 100 feet from the shoreline. Mooring buoys shall be placed in staggered fashion where practicable to avoid being directly opposite a neighboring mooring buoy. There shall be no more than one mooring buoy for each littoral parcel. The Board of Appeals may by special permit allow more than one mooring buoy and at locations other than those herein allowed.

Fees: Contact Code enforcement officer
Forms: Building Permit
Fences and walls. In a residential district, walls and fences up to four feet in height shall be permitted anywhere on a lot. Please refer Chapter 190.19 (Residential House in I, LCR or WC Districts. Residential houses built in Industrial, Waterfront Commercial and Limited Residential Commercial must comply with residential districts.  Chapter 121.

In any waterfront/commercial (WC), limited commercial/residential (LCR) or industrial district (I), there shall be no restriction on fences or walls except on a residential district boundary line where such fences or walls shall be limited to four feet in height and except where corner clearances are required. Electric and barbed wire fences are not permitted within the village. Property that is adjacent to a residential or business district shall be provided along such property lines with a wall, fence, compact evergreen hedge or a landscaped strip of trees and shrubs so designed as to form a visual screen not less than six feet high at the time of planting. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be screened by a six-foot solid masonry wall, chain link fence covered with an evergreen vine or compact evergreen hedge. Where a front yard adjoins a street, the wall, fence or hedge shall be located no closer to the street than the depth of the required .

Property that is adjacent to a residential or business district shall be provided along such property lines with a wall, fence, compact evergreen hedge or a landscaped strip of trees and shrubs so designed as to form a visual screen not less than six feet high at the time of planting. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be screened by a six-foot solid masonry wall, chain link fence covered with an evergreen vine or compact evergreen hedge. Where a front yard adjoins a street, the wall, fence or hedge shall be located no closer to the street than the depth of the required .

Permits are required Fees: Residential $75 per structure
Commercial Fee $250 or .10 per square foot whichever is greater plus $100.
Forms:Building Permit

§ 190-40. Building permits required for storage sheds and out buildings. All density control  set-backs must be in compliance with §190-11, as well as § 190-22 (e).  Accessory buildings not attached to principal buildings shall be located no closer to the principal building than eight feet. Stick built construction must comply with current uniform NYS adopted code. Pre-fab structures must comply with NYS manufactured specs.

Permits are required.
Fees:$85, plus $30 for each additional inspection
Forms: Building Permit

§ 190-21. Swimming pools:. Pools must follow NYS Uniform requirements. 

§ 190-26. Sign regulations.
No sign or other device for advertising purposes of any kind may be erected or established in the municipality except as provided as follows:
A. Signs in residential districts.

(1) Permitted nonresidential uses and legal nonconforming nonresidential uses, but not including day nurseries, may display signs pertaining to the use of property, having an aggregate total face area of not more than eight square feet, and not projecting beyond the principal building of such use more than 24 inches, except that where such nonresidential uses are set back from property lines, one sign may be erected in the ground, provided that such ground sign shall not exceed eight square feet in total face area, shall not exceed five feet in height and shall be no nearer than 10 feet to any property line. If such freestanding signs face substantially at right angles to the road and/or display in more than one direction, they shall have a face area of not more than eight square feet per side, with no more than two sides.

(2) Dwellings for five or more families may display non illuminated signs identifying the premises, having an aggregate total face of not more than eight square feet, and not projecting beyond the principal building on the lot more than 24 inches.

(3) Any dwelling unit in a detached, attached or townhouse structure may display one name plate or professional sign not exceeding eight square feet in area.

(4) Any boardinghouse may display one sign not exceeding eight square feet in area and not projecting more than 24 inches from the principal building on the lot.
B. Signs in general business districts. No more than two signs per business unit, having an aggregate total face area of not more than 20 square feet. Such signs shall not project more than five feet beyond the principal building on the lot, and there shall be no more than one projecting sign per business unit, provided, further, that such signs shall not exceed the highest part of the building housing the business or service advertised and may not project into the street or sidewalk.

C. Signs in industrial districts. Two signs having an aggregate total face area of not more than 50 square feet may be displayed for each establishment, provided that such signs shall be located no nearer than 10 feet to any property line, and provided further that such signs shall not extend above the height of the roof of a building at the point of location of the sign.
D. Representational signs. No representational sign shall be permitted in any district except such sign as shall be approved by the Planning Board. Further, such sign shall not project more than five feet beyond the principal structure to which it is attached and shall not have a face area of more than 15 square feet. Only one sign per establishment shall be permitted.

E. Billboards. Notwithstanding any other provisions of this chapter, signs not pertaining to the use, sale, rent or lease of property on the same lot, and signs not representing construction or subdivision activity as allowed, are not permitted in any district, except that signs for the purpose of directing persons to a local business or community establishment may be erected in any district, provided that such signs shall not exceed four square feet in area per establishment, shall conform with applicable regulations of the district in which they are located, shall be grouped on community poles and shall be approved by the Village Planning Board.
F. Projecting signs. Signs projecting into a public right-of-way shall have a clearance of not less than 10 feet above the sidewalk or surrounding ground and not less than 15 feet above any public driveway or thoroughfare. No sign may project into any public right-of-way without written approval from the Village Board; if there is a building setback, no projections shall be allowed.

G. Exemptions from above regulations.

(1) Real estate signs which advertise the sale, rental or lease of the premises upon which said signs are located, having an aggregate total face of not more than six square feet within any residential district and business district or not more than 20 square feet within any industrial district.
(2) One professional sign or business nameplate not exceeding one square foot in area for any one professional or business establishment where such signs would not otherwise be a permitted use.
(3) One sign denoting the architect, engineer and/or contractor when placed upon work under construction and not exceeding 24 square feet in area.
(4) Memorial signs or tablets, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material.
(5) Traffic or other municipal signs, legal notices and such temporary, emergency or nonadvertising signs may be authorized by the Village Board.

H. Banners. Banners and similar devices are prohibited, except nonpermanent ones displayed for the occasion of special events which shall be displayed no longer than for a three-week period.
I. Posters. Temporary, nonpermanent posters covering such things as political events, sporting events, shows and elections shall not be displayed four weeks prior to the event and must be removed within two days after the event.

J. Removal of certain signs. Any sign now or hereafter existing which no longer advertises a bona fide business conducted or product for purchase by the public on the premises shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found within 10 days after the written notification from the Code Enforcement Officer, and upon failure to comply with such notice within the time specified in such order, the Code Enforcement Officer is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached.

 § 190-8. Permitted uses.

[Amended 6-21-2007 by L.L. No. 1-2007] No building or premises shall be erected, altered or used except for one or more of the uses designated for any district as follows:

§ 190-9. Prohibited uses in all districts.
No use, nor any trade, industry, use or purpose that is noxious or offensive by reason of the emission of odor, dust, smoke, toxic or noxious fumes, radiation, gas, noise, vibration or excessive light or any combination of the above which is dangerous and prejudicial to the public health, safety and general welfare shall be permitted.[/reveal][reveal heading=”%image% Zoning Districts:”]190-5. Zoning districts.   [Amended 6-21-2007 by L.L. No.   1-2007)

In order to fulfill the purpose of this chapter, the Village of Sodus Point establishes and is hereby divided into the following zoning districts:

R             Residential
MH          Mobile Home Park
LCR        Limited Commercial/Residential
WC     Waterfront/Commercial
I              Industrial
P             Public/Institutional
N             Natural Areas

The aforementioned districts are generally described as follows:

• Residential: conventional single-family housing at current development

• Mobile Home Park: four or more manufactured homes on a single lot, or complexes of owned lots for the exclusive use of mobile/manufactured

• Limited Commercial/Residential: allows multiple use of dwellings in areas on major thoroughfares along with various low-intensity uses such as small retail shops, crafts, professional offices, personal services, and home

• Waterfront/Commercial: water-dependent, water-enhanced, professional, general retail, tourist accommodations, and visitor service businesses; this classification has special requirements for off-street parking, view protection, pedestrian circulation, dockage and architectural

• Industrial: conventional processing, manufacturing, storage, repair of raw materials and fabricated items also would allow an R.V. park, boat storage, agriculture, research facilities,

• Public: land to be used as parks, walkways and/or public

• 190-6. Zoning Map.

The location and boundaries of said zoning districts are shown on the map designated “Official Zoning Map of the Village of Sodus Point,” adopted and certified by the Village Clerk. Said map together with everything shown thereon and all amendments thereto is hereby adopted and is declared to be an appurtenant part of this chapter.1

190-7. Interpretation of district boundaries.
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:

A. Where district boundaries are indicated as approximately following the center lines of right-of-way lines of streets, highways, public utility easements or watercourses, said boundaries shall be construed to be coincident with such lines. Such boundaries shall be deemed to be automatically moved if a center line or right-of-way line of such street, highway, public utility or watercourse is moved not more than   50 feet.

B. Where district boundaries are indicated as approximately following the village boundary line, property lines, lot lines or projections thereof, said boundaries shall be construed to be coincident with such lines or projections

C. Where district boundaries are so indicated that they are approximately parallel to the village boundary line, property lines, lot lines, right-of-way lines or projections thereof, boundaries shall be construed as being parallel thereto and at such distances therefrom as indicated on the Zoning Map or as shall be determined by the use of the scale shown on the Zoning

D. Where a district boundary line divides a lot in a single or joint ownership of record at the time such line is established, the regulations for the less restricted portion of such lot shall extend not more than 30 feet into the more restricted.

Area and Bulk Regulations; Density Control

190-10. Purpose.

In order to provide adequate open spaces for access of light and circulation of air, to facilitate the prevention and fighting of fires, to prevent undue concentration of population and to lessen congestion on streets, no building or premises shall be erected, altered or used except in accordance with the standards set forth in this section.

190-11. Density Control Schedule.   [Amended 6-21-2007 by L.L. No. 1-2007]

The attached schedule of density control regulations is hereby adopted and declared to be a part of this chapter and is hereinafter referred to as the “Density Control Schedule.” “Front lot” shall mean the portion of the lot facing the street for all properties not abutting Sodus Bay or Lake Ontario. For all properties abutting Sodus Bay or Lake Ontario, the water side shall be considered the front of the property.

Maximum Lot Maximum Building

I See cluster development regulations, § 190-27.

2 See manufactured home and manufactured home park regulations, §§ 190-42 through 190-48.

190-12. Corner lots.

Wherever a side or rear yard is adjacent to a street, the standards for front yards shall apply.

190-13. Projections into required yards.

Any open or closed porch or carport shall be considered a part of the building in the determination of size of the required yard or lot coverage. Accessory uses not enclosed in a building may be located   in a rear yard in accordance with § 190-11.

§ 190-14. Exceptions to height regulations.

Building height regulations shall not apply to flagpoles, radio or television antennas, transmission towers or cables, spires or cupolas, chimneys, elevator or stair bulkheads, penthouses, parapets or railings, water tanks or cooling towers, or any similar structures, provided that such structures in their aggregate coverage occupy no more than 10% of the roof area of the building.

§ 190-15. Compliance with minimum average density; yard restrictions.

(A) In all districts where residences are permitted, a lot held in single ownership may be improved for residential bulk regulations for each district as set forth in the Density Control Schedule, § 190-11, provided that there shall be no more than one principal building and use on each lot. If two or more principal residential structures are located on the same lot, the minimum average density requirement must be complied

(B) A residential lot of required or larger than required size as set forth in this chapter shall not be reduced in size for transfer of ownership if such lot as subdivided will form two or more lots, any of which shall not be in compliance with the requirements for the minimum average residential density for the district in which lot or lots   are situated.

(C) Any lot held in single and separate ownership prior to the adoption of this chapter and whose area and/or width and/or depth are of less than the specified minimum lot requirements of this chapter for the district in which such lot is located may be considered as complying with such minimum lot requirements and no variance shall be required, provided that

• (1) Two or more adjoining substandard lots owned by the same person or entity shall be considered merged into one lot for the purposes of lot sizes, area and setback restrictions contained in this chapter. Once two or more substandard lots are merged so as to have taken benefit of this provision, said lots shall not thereafter be subdivided.

(2) The following minimum yard setback requirements are maintained for residences:

(a) Each side lot must not be less than 10% of the average lot width, and in no event shall the minimum side lot setback be less than five feet.
(b) Rear yard setback must be a minimum of 12 1/2 feet, except for all waterfront lots which shall require a twenty-five-foot rear lot setback.
(c) Front yard setbacks must be pursuant to § 190-11 of this chapter.

(3) In addition to the requirements of this chapter, the placement of all structures shall comply with the New York State Coastal Erosion Management regulations contained in 6 NYCRR Part 505.

(4) All existing undersized lots are exempt from the maximum lot coverage regulations as stated in the Density Control Schedule but must comply with the setback requirements as stated in § 190-15C(2).

(D) An enclosed utility building for the storage of lawn and garden equipment, not exceeding 100 square feet of floor area or more than 12 feet in height, may be erected behind the rear building line of any dwelling, but not closer than five feet to any rear or side set lot line, provided that such building shall not be used for any home occupation or commercial use.

§ 190-16. Side yards for semidetached or townhouses.
Side yards for semidetached or townhouses shall be required at the ends of the total structure only.

§ 190-17. Minimum living area for dwelling units.

1. All apartments constructed new or created from existing structures through renovation, remodeling or addition shall have a living area which conforms to the following minimum sizes:
   • Studio: 550 square feet. (NOTE: No more than 25% of any apartment complex may be studio )
   • One-bedroom: 675 square
   • Two-bedroom: 800 square
   • Three-bedroom: 950 square

R Condominiums. All condominiums constructed new or created from existing structures through renovation, remodeling or addition shall have a living area which conforms to the following minimum sizes:

Studio: not
One-bedroom: 750 square
Two-bedroom: 850 square feet
Three-bedroom: 950 square

§ 190-19. Residential houses in I, LCR or WC Districts.
Residential houses built in the industrial, limited commercial/residential, or waterfront commercial areas must comply with residential regulations.

190-18. Damage or loss within any district.

Any building which is demolished or sustains damage amounting to 50% or more of the property’s value may be rebuilt on the original foundation, excepting that said structure may not encroach upon any adjoining property, and that construction must begin within one year of the loss.