The Board of Trustees of the Village may, from time to time,
on its own motion or on petition, after public hearing and notice,
amend, supplement or change the regulations and districts herein established.
[Added 1-15-1990 by L.L. No. 2-1990]
A.Â
No portion of the minimum area requirement of a lot may be achieved
by including land under water or land with an elevation below the
mean high-water mark. All minimum front, side and rear yard requirements
must be satisfied by measurement on dry land. For the purposes of
this subsection, land which is in a stream not exceeding five feet
in width or land in a pond not exceeding 2% of the total lot area
at mean high-water level shall not be considered as under water. The
elevation of the first story of any dwelling shall be at least seven
feet above the mean high-water mark.
B.Â
For purposes of this section, lands formerly under water which are
presently above water or above the minimum elevation stated herein,
by reason of the placement of fill or the depositing of soil materials
from dredging or any other means, shall be deemed to be lands under
water.
C.Â
No building permit shall be issued for any lot which requires, as
part of its area, the inclusion of lands defined herein as "lands
under water."
[Added 1-14-2002 by L.L. No. 2-2002]
If any part or provision of this chapter 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
chapter 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 chapter or the
remainder thereof had such invalid application or invalid provision
been apparent.
