FORM NO. 5

A LOCAL LAW AMENDING THE ZONING LAW

LOCAL LAW NO. 7 OF THE YEAR 19

VILLAGE OF MINEOLA

A LOCAL LAW AMENDING THE ZONING MAP AND § 30.61 OF CHAPTER 30 ENTITLED "ZONING" OF THE VILLAGE OF MINEOLA MUNICIPAL CODE.

BE IT ENACTED by the Board of Trustees of the Village of Mineola, New York, as follows:

SECTION 1. AMENDING ZONING MAP

1. That the "Official Zoning Map of the Village of Mineola, New York is hereby amended and changed so that the following area presently located in the R-3 Residential District is reclassified and changed to the B-1 Business District:

All that tract or parcel of land bounded on the north by the center line of H Street, on the east by the easterly Village line, on the south by the southerly Village line, and on the west by the center line of S Street. It being intended that the B-1 Business district be extended from east of S Street and south of H Street to the easterly Village limits.

[Metes and bounds description is also appropriate. The description must be sufficiently clear so there is no ambiguity. Since the public notice is to advise the general public, reference to street boundaries probably would be more practical if the description can be accurately recited in this manner.]

2. That in accordance herewith the Village Clerk is hereby directed to make or cause to be made the necessary changes on the said Zoning Map.

SECTION 2. AMENDING SUBDIVISION D OF § 30.61 ENTITLED "FENCES AND BUFFERS" OF THE VILLAGE OF MINEOLA MUNICIPAL CODE.

1. That Subdivision D of § 30.61 is hereby amended to read as follows:

"D. General requirements:

1. No fence shall consist of barbed wire, concertina wire, razor wire, electrified material or any other material that is intended or designed to cause injury to a person making contact with same.

2. That ¶ 3 of Subdivision D of § 30.61 is further amended to read as follows:

"3. The provisions of this Section shall not apply to properties located in the M Light Manufacturing and Industrial District provided an application is made to the Board of Trustees and approval of same is granted thereby. The Board of Trustees in its discretion, may approve, modify, deny or revoke at any time permission to erect or maintain any fences containing hazardous or harmful material."

SECTION 3. UNCONSTITUTIONALITY OR ILLEGALITY

If any clause, sentence, paragraph, word, section or part of this local law shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, word, section or part thereof directly involved in the controversy in which said judgment shall have been rendered.

SECTION 4. EFFECTIVE DATE*

This local law shall take effect upon filing in the Office of the Secretary of State but shall take effect from the date of its service as against a person served personally with a copy hereof, certified by the Village Clerk; and showing the date of its passage and entry in the minutes.

*File one certified copy in Clerk's Office and one with Secretary of State within twenty days after final enactment. MUN HRL § 27(2). See also Vil L § 7-706 for method of procedure.