Machine-extracted (OCR) from the official document — formatting is approximate; the official copy governs.
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State,)
Text of law should be given as amended. Do not include matter being eliminated and do no|pi^|^i^lQs or
underlining to indicate new matter. STATE R E C OR"
CLAY 25 W
of
Town
OF SWE
DE
Local Law No. ofthe year 20 09
A local law Amending Chapter 230 entitled 'ZONING', Section 230-11 Terms defined by adding
the followinf§«i^s: FIREWOOD, LOT FRONTAGE, OUTDOOR FURNACE, OUTDOOR
FURNACE - COMMERCIAL, OUTDOOR FURNACE - RESIDENTIAL, SPECIAL USE,
UNTREATED LUMBER, YARD, FRONT and YARD, SIDE to clarify and define each
aforesaid word to the Code of the Town of Clay
Be it enacted by the Town Board ofthe
(Name of Legislative Bocfy)
Clay, New York as follows:
Town
S E E ATTACHED LOCAL LAW
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 (Rev. 11/99) Page 1 of 3
(Complete the certification in the paragraph that applies to the filing ofthis local law and
strike out that which is not applicable.)
L (Final adoption by local legislative body only.)
c 09
I hereby certify that the local law annexed hereto, designated as local law No. _Ji ot 20 of
the (County)(City)(Town)(Village) of Clay was duly passed by the
Town Board on October 19th 20P9 , in accordance with the applicable
(Name oj Legislative hody)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
, on 20 , and was (approved)( not approved)
(Name of Legislative Body)
(repassed after disapproval) by the and was deemed duly adopted
(Elective ChiefExecutive Officer*)
on 20 , in accordance with the applicable provisions oflaw.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
, on 20 , and was (approved)( not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20
(Elective ChiefExecutive Officer*)
Such local law was submitted to the people by reason ofa (mandatory )(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on
20 , in accordance with the applicable provisions oflaw.
4. (Subject to permissive referendum andfinaladoption because no valid petition wasfiledrequesting referendum.)
T hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)( not approved)
(Name of Legislative Bocfy)
(repassed alter disapproval) by the on 20 Suchlocal
(Elective ChiefExecutive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions oflaw.
* Elective ChiefExecutive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, ifthere be none,
the chairperson ofthe county legislative body, the mayor ofa city or village, or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS-239 (Rev. 1 1/99) Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority ofthe qualified electors of the cities of said county as a unit and a majority of the qualified electors ofthe towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner
indicated in paragraph-J , above. i.
Clerk of the county legislative body. City, Town or Village Clerk or
officer designated by local legislative bodv
JILL HAGEMAN-CLARK
(Seal) Date: November 9th, 2009
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF O N O N D A G A
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have
been had or taken for the enactment of the local law annexed hereto. / ^
Signature \~
i'
ROBERT M. GERMAIN, TOWN ATTORNEY
Title
City^^ Town of Clay
Town
Village
Date November 9th, 2009
DOS-239 (Rev. 11/99) Page 3 of 3
LOCAL LAW NO. 5 OF THE YEAR 2009
TOWN OF CLAY
LOCAL LAW NO. 5 OF THE YEAR 2009 AMENDING CHAPTER 230, entitled "ZONING",
Section 230-11 Terms defined adding new words and deleting the present definition for the words YARD,
FRONT and YARD, SIDE and replacing same with new definitions therefore to the Code of the Town of
Clay.
ITS IS ORDAINED AND ENACTED by the Town Board of the Town of Clay, Coimty of
Onondaga, as follows:
SECTION 1. Add new words to Section 230-11 Terms defined and delete the present definition
for the words YARD, FRONT and YARD, SIDE and replacing same with new definitions therefore to the
Code of the Town of Clay.
The purpose of Local Law No. 5 of the Year 2009 is to add new words to Section 230-11 Terms defined
and to delete the present definition for YARD, FRONT and YARD, SIDE and replacing same with new
definitions for clarification purposes as to interpretation.
Town Board Meeting August 17th, 2009 called public hearing for September 9th, 2009 at 7:38 P.M., local time. Public hearing notice published in the Post Standard on August 28'^ 2009 calling hearing for September 9'\ 2009 at 7:38 P.M. Town Board opened public hearing on September 9th, 2009, and adjourned said public hearing to October S**", 2009 at 7:38 P.M. Public hearing was held on October 5*^ 2009 and closed, decision to be made m October 19*^ 2009. Town Board approved Local Law No. 4 of 2009 on October W \ 2009. Sent to NYS November 9*^ 2009. Received N YS letter filed on Sent to NYS January 2r*. 2010. 230-11 ZONING § 230-11 Section 230-11 Terms defined FIREWOOD — Trunks and branches of trees and bushes, but does not include leaves, needles, vines or brush smaller than three inches in diameter* LOT FRONTAGE — The length of the front lot line measured at the street right-of-way, OUTDOOR FURNACE — Any contrivance, apparatus or part thereof, including a boiler, fire box, exchanger, grate, fuel gun, fuel nozzle, chimney, smoke pipe, exhaust conduit and like devices used for the buming of combustible fuels for the creation of heat or energy from an exterior location into an interior location. For the purpose of this definition, outdoor furnaces are considered an accessory structure.
OUTDOOR FURNACE — COMMERCIAL - An outdoor fumace with a thermal output rating greater than 250,000 British thermal units per hour (Btu/h). OUTDOOR FURNACE — RESIDENTIAL - An outdoor furnace with a thermal output rating greater than 250,000 British thermal units per hour (Btu/h) or less. SPECIAL USE - An accessory use to a principal use which, because of its unique characteristics, requires special consideration in each case by the Planning Board before a building permit can be issued. This is subject to annual renewal. UNTREATED LUMBER - Dry wood which has been milled and dried but which has not been treated or combined with any petroleum product, chemical, preservative, glue, adhesive, stain, paint or other substance. YARD, FRONT - The required open space extending across the entire width of the lot between the front property line and the required front setback distance. Permissible intrusions into the front yard may include steps and ramps that are minimally necessary for access, eaves and cornices. (For additional permitted intrusions, see Article IV, Supplemental Regulations.) YARD, SIDE - An open, unoccupied space on the same lot with the building, situated between the side building line and side lot line, and extending between the required front yard and rear yard. It may be occupied by walks, patios, pavement, fencing, eaves and cornices.
EFFECTIVE DATE - This local law shall take effect immediately upon filing in the Office of the Secretary of State.