Local Law No. 2 of the Year 2006

A local law entitled, “Amendment to Village Code Relating to Permitted Activities.”

Be it enacted by the Board of Trustees of the Incorporated Village of Huntington Bay:

The Code of the Village of Huntington Bay is hereby amended to revise Chapter 91 to read as follows:

Chapter 91

ZONING

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ARTICLE III
District Regulations

§ 91-7. Permitted uses. [Amended 10-9-1946; 5-7-1951; 4-4-1960; 8-8-1977 by L.L. No. 3-1977; 2-11-1991 by L.L. 1-1991; 3-14-1994 by L.L. No. 1-1994]

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C. Special activities; approval required; standards.

Notwithstanding any other provision of this chapter to the contrary, special activities, not necessarily residential in character, may be permitted in any District when approved by the Board of Trustees after finding that:

(1) The proposed special activity will not be detrimental to the essential character, health, safety, morals or general welfare of the community.

(2) Such proposed special activity, together with the location, size and topography of the parcel of land involved; the nature, design, size and location of every existing and proposed building, structure, access road, utility line and other improvement; and the provisions for landscaping, screening neighboring property, major planting of trees and shrubs and parking of vehicles, will be, both as a composite architectural scheme and as a functioning establishment, consistent with the Code of the Village in effect at the time that the application for such special activity is filed with the Village Clerk.

D. Prohibited activities.

Notwithstanding any of the foregoing provisions of this chapter, no building or premises shall be used for any purpose which:

(1) Is obnoxious or offensive to the surrounding community by reason of causing or emitting unreasonable levels of odor, smoke, vapor, gas, dust, garbage, refuse matter, glare of lights, radiation, noise or vibrations, interference with radio or television reception or other physical or electronic disturbance beyond the premises on which such activity is conducted.

(2) Is dangerous or harmful to the health, peace, comfort or safety of the community.

(3) Tends to disturb or annoy the residents of the Village.

(4) Involves any radiation or explosive menace or any serious fire hazard.

Severability.

If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Board of Trustees of the Incorporated Village of Huntington Bay hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent.

Effective Date.

This Local Law shall take effect immediately upon filing in the Office of the Secretary of State of New York.