|CODE ENFORCEMENT OFFICE|
| Kevin Druschel
Code Enforcement Officer
Village of Sodus Point Officer Hours: Noon to 4:00 P.M. M-F
I am very proud to assume position as the Code Enforcement Officer in the Village of Sodus Point. Our goal here is to uphold the state and local codes and produce an environment which is both safe and aware. I am available to meet in person during my open office hours, listed below, or over the phone at the number below. As we work to move everything towards a more organized fashion please use the tools on this website to help answer any questions that may arise. If there are any questions, comments, or concerns and you wish to speak with me instead please do not hesitate to seek me out as I am here to serve.
Thank you for the opportunity to serve an amazing community.
When Do I Need a Permit?
Alterations, improvements and remodeling of existing structures; garages; carports; all sheds; roofing; siding; decks; porches; stairs; fences; swimming pools in which the water depth is two feet or greater; heating systems (new and replacement); hot tubs; fire suppression systems; fire alarm systems; solid fuel burning appliances; gas fired decorative appliances; parking lots; and demolition of all structures.
General Building Information
If you have questions, please contact the Building Inspector – see information below
Fees: Residential & Commercial $100.00 for new construction, covers first dock permit fee.
Res: $75.00 every 3 years for safety inspection
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.
- Building Permit
- Instructions: DEC/ACOE Joint Application
- DEC/ACOE Fillable Form
- SEQR Form (DEC)
- Water Front Assessment Form
- CMP Assessment
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 earth work 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.
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 to 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
Commercial $350 permit or .10 per square foot whichever is greater + $100, which ever is greater.
§ 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.
Fees:$85, plus $30 for each additional inspection
Forms: Building Permit
§ 190-21. Swimming pools:. Pools must follow NYS Uniform requirements.
A. A property owner or the lessee of property may erect or construct, or cause to have erected or constructed, a swimming pool, only after the owner of the property on which erection or construction will occur either obtains or authorizes obtaining a building permit for the construction or erection.
B. All swimming pools hereafter erected or constructed in the Village of Sodus Point shall be placed or constructed on the lot in such a manner that the swimming pool and its accessory units or fixtures shall comply with all the setback and coverage requirements of zoning in effect in the Village of Sodus Point at the time of erection or construction of the swimming pool. In no event may the swimming pool that is erected or constructed be nearer to the street line than the main building on the premises. In the case of a comer lot, the pool may not be placed closer to the street line than any structure might be placed.
C. Swimming pool equipment and fencing requirements.
(1) Each swimming pool shall be surrounded by an adequate and permanent fence or barrier so as to completely enclose the pool itself or that portion of the yard in which the swimming pool is situated. The fence or barrier shall be erected and maintained so as to prevent accidental entry by small children. The fence or barrier shall be adequately supported and shall be not less than four feet in height as determined by the Zoning Enforcement Officer, as hereafter provided.
The fence or barrier, where required, shall have not more than two openings for ingress and egress. Each of said openings shall have a self-closing gate or door with an adequate lock which can be opened from the outside of the swimming pool enclosure only by means of a key or combination. The gate, door and lock shall at all times be maintained in proper working order, and the gates or doors shall be kept closed or locked at all times when the swimming pool is not in use or is not supervised by a responsible person. The fence or barrier shall be of durable construction consisting of wood, wire, brick or similar material, and shall have the capability of withstanding a force of 40 pounds per square foot traveling at a speed of five miles per hour. If the fence is of wire construction or of a similar construction, the linkage or holes in the fence or barrier may not exceed two inches in diameter. The type and height of the fence or barrier used and all gates, doors and locking devices shall be approved by the Zoning Enforcement Officer, who in evaluating a request for approval shall give due consideration to the adequacy and durability of the proposed fence or barrier, the terrain, character of the district and the difficulty of climbing the fence or barrier to, as best possible, ensure the safety and welfare of the general public and in particular that of small children and yet preserve the value of the buildings and land. If the swimming pool is an aboveground pool, when the top of the swimming pool itself is four or more feet above ground and the exit steps can be removed or made unusable and properly locked, the fence or barrier described above may be waived.
(2) Any lighting used in conjunction with such swimming pool shall be directed away from adjoining properties.
(3) If the swimming pool is abandoned or removed, the property owner shall arrange to fill in the depression within four weeks of dismantling the unit. ‘I_’he Zoning Enforcement Officer shall be notified of the abandonment or removal so an inspection may be made and the records of the permit be marked accordingly.
(4) This section shall apply to all swimming pools. A swimming pool existing at the effective date of this section shall have 180 days to comply with the requirements contained herein.
(5) The Zoning Enforcement Officer is hereby authorized and directed to approve a fence or other barrier in existence prior to the effective date of this section if, in his judgment, it is in substantial compliance with the intent of this section.
(6) Any swimming pool that has electrically motivated or activated pumps, filter or other integral parts, and/or has electrical circuits within 10 feet of water area, including the walkway around the pool, shall:
(a) Not be used until inspected for electrical safety by a person so authorized by the Village of Sodus Point; and
(b) Be reinspected for electrical safety at least once every four years.
D. This section shall not waive any requirements of the State Sanitary Code if they should apply to any swimming pool in the Village of Sodus Point but shall be in addition to those requirements. In the case of conflict with the State Sanitary Code, if applicable, the State Sanitary Code shall apply.
E. Administration and enforcement of this section.
(1) The responsibility for the enforcement of this section shall be assigned to the Zoning Enforcement Officer.
(2) Any single failure to comply with this section that continues for a period of seven days or less shall constitute a violation, and each additional week shall constitute an additional violation.
(3) A single violation of this section shall constitute a misdemeanor and shall be punishable by imprisonment for not more than 10 days or a fine of not more than $200, or by both such imprisonment and fine.
(4) Because of the potential threat to the health, safety and welfare of citizens of the village caused by the existence of any violation, a second violation within a twenty-four-month period shall be punishable by imprisonment for not more than 30 days or by a fine of not more than $500, or by both imprisonment and a fine.
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.
§ 190-9. 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.
In order to fulfill the purpose of this chapter, the Village of Sodus Point establishes and is hereby divided into the following zoning districts:
MH Mobile Home Park
LCR Limited Commercial/Residential
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
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.
- 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:
One-bedroom: 750 square
Two-bedroom: 850 square feet
Three-bedroom: 950 square
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.
§ 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.