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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 anS^SS-nSijise italics or
underlining to indicate new matter. I I L tl \ J
MAR 3 1 2006
: ^ : » f CLAY
Town
MiscFij mmm
& STATE RECORDS
Local Law No. ofthe year 20 0?
A local law to clarify Chapter 230 entitled "ZONING", dated June 5th. 2005. by inserting items from the
previous ZONING W l i M A N C E OF 1978, and updates thereto that were erroneously omitted.
Beitenactedbythe Town Board ofthe
(Name of Legislative Body)
l ^ ^ i Clay as follows:
Town
Said Locai Law No. 3 of the Year 2006 to read as follows: (See Attached)
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 (Rev. U/99) Page 1 of 3
(Complete the certification in the paragraph that applies to thefilingof this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law amiexed hereto, designated as local law No. £ of 20 of
the i)Ci^)Q^i^Q^ of Clay was duly passed by the
Town Board on March 20th 20 06 , in accordance with the applicable
(Name of legislative body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Eiective
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 ofLegisiative Body)
(repassed after disapproval) by the andwas deemed duly adopted
(Elective ChiefExecutive Officer*)
on 20 , in accordance with the applicable provisions of law.
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)
(Nameof Legislative Body) ^ ^'^ ^
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(pennissive) 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 of law.
4. (Subject to permissive referendum andfinaladoption because no valid petition wasfiledrequesting 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)
(Nameof Ugislative Body) ^ ^\ f f /
(repassed after disapproval) by the on 20 Suchlocal
(Elective Chief Executive 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 of law.
* Elective ChiefExecutive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none,
the chairperson ofthe county legislative body, the mayor of a 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. 11/99) Pago 2 of 3
LOCAL LAW NO. 3 OF THE YEAR 2006
TOWN OF CLAY
L O C A L L A W N O . 3 O F T H E Y E A R 2006 amending CHAPTER 230 entitled "ZONING" OF
THE CODE OF THE TOWN OF CLAY
BE IT ENACTED by the Town Board of the Town of Clay, County of Onondaga as
follows:
SECTION 1. AN AIV1ENDMENT TO THE CODE OF THE TOWN OF CLAY."
Amendment of Chapter 230 entitled "ZONING", *§ 230-11. Terms defined/, by adding
new Paragraphs "A." " B . " & "C." and the term.^'-BUILDING, HEIGHT OF", deleting
from the term "YARD, SIDE" the words "and parked vehicles" after "...fencing" and
adding thereto the words eaves, cornices, and similar portions of the principal
structure." to such term; § 230-13. "Residential districts.", paragraph "B. R-40 One-
Family Residential District (formerly R-1B)", subdivision "(4) R-40 Residential lot and
structure dimensional requirements, paragraph '(c) Accessory structures, detached,
subparagraph [2], deleting the words "15% lot width." and replace with *'.. 15 feet.";
subparagraph "[3]" deleting "30 feet" and replace with "15 feet."; § 230-13.. paragraph
"B. R-40 One-Family Residentiai District (formerly R-1B)", subdivision "(5) R-40
Nonresidential lot and structure dimensional requirements, paragraph "(a) Lot,
subparagraph [1) delete the words "..based on design, parking, yards, etc." and
replace with "80,000 square f e e t " ; § 230-16. "Commercial districts. A, NC-1
Neighborhood Commercial District (based on C-2), subdivision "(2) Uses allowed:
(b) Planning Board site plan approval:", add "r71 Dav care center". § 230-16.
Commercial District (based on C-2), B. HC-1 Highway Commercial (based on C-2)
subdivision "(2) Uses allowed: (b) Planning Board site plan approval:", add "MO}
Dav care center"; § 230-16. "Commercial districts. C. RC-1 Regional Commercial
(based on C-3,-5,-7 and -10), subdivision "(2) Uses allowed: ,(b) Planning Board site
pian approval:", add "[15] Day care center". "Article IV, Supplemental Regulations",
§ 230-20. Land uses and structures. B. Structures, (2) delete the words "Other
yard/setback exemptions. (Reserved)" and add "Fences." and new subdivisions "(a),
(b), (c), (d) and (e)", (3) delete the words "Height exemption. (Reserved)" and replace
with paragraph entitled "Swimming Pools and Hot Tubs; with the following
provisions:" and subdivisions "(a) Map or Survey.... (b) Lighting.... (c)Overhead
Wires (d) Perimeter and (e) Disposal of Waste Water (f) Filling (g)
Existing Pools (h) Abandonment " and delete paragraph "D. Miscellaneous
activity. (Reserved)." of the Code of the Town of Clay. § 230-21 Parking and loading.
E, Required parking and loading spaces, Group Name, " omit the hyphen in the
words "Managed living facility, health related, Hotel, motel type use" and under
Minimum Required Parking Spaces change 2/unit to 1.5 for Residential 4 or more
units/lots.
The purpose of Local Law No. 3 of the Year 2006 is to clarify Chapter 230 entitled
"Zoning", dated June 5th, 2005 by inserting items from the previous Zoning Ordinance of
1978, and updated thereto that were erroneously omitted. Said proposed Local Law
amendment is to read as follows:
Called Public hearing 02-06-06
Public Hearing Held 03-20-06
Approved by Town Board 03-20-06
Filed with Dept. of State
§230- 11 ZONING § 230-11
ARTICLE II
Definitions
A. § 230-11 Terms defined.
Generally. Except as otherwise indicated in this section, the words used in this chapter
shail have the meaning commonly attributed to them. Doubts as to the precise meaning of
any words in this Chapter shall be clarified by the Zoning Board of Appeals under its power
of interpretation. Terms not defined in this chapter shail have the meanings provided in the
New York State Uniform Fire Prevention and Building Code, and/or will carry their
customary meanings per Webster's Dictionary.
B. Rules of interpretation. For the purpose of this chapter, certain terms or words herein shall be
interpreted or defined as follows:
(1) Words used in the present tense include the future tense.
(2) The singular includes the plural and the plural includes the singular, unless the
context indicates othenwise, and the masculine includes the feminine and neuter.
(3) The word "person" includes an individual person, a firm, a corporation, a co
partnership, and any other agency of voluntary action.
(4) The term "shall" is always mandatory, and the term "may" is permissive.
(5) The word "used" or "occupied" as applied to any land or building shall be
construed to include the words "intended, arranged or designed to be used or
occupied."
(6) The word "lot" includes the word "plot" or "parcel".
(7) The word "building" or "structure" includes any part thereof.
0. As used in this chapter, unless the context or subject matter otherwise requires, the following
terms shall have the meaning as indicated:
BUILDING, HEIGHT OF - The vertical distance as measured from the average elevation ofthe
proposed finished grade (ground surface) at the front ofthe building or ofa structure to the highest
point of the building or the structure, which highest point shall include, but not be limited to, the
highest or topmost point of the roof, together with all towers, chimneys, penthouses, signs, tanks,
elevators or stair bulkheads, mechanical equipment, and/or light poles.
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, cornices, and similar
portions ofthe principal structure.
§ 230-13 ZONING § 230-13
(4) R-40 Residential lot and structure dimensionai requirements.
(a) Lot.
[1] Area, minimum: 40,000 square feet.
[2] Width, minimum: 150feeL
[3] Depth, minimum (feet): n/a.
[4] Coverage, maximum (%): n/a.
(b) Principal structure and attached accessory structures.
[1] Front yard minimum: 50 feet.
[2] Side yard minimum:
[a] One side: 10% lot width.
[b] Total both sides: 25% lot width.
[3] Rear yard minimum: 30 feet.
[4] Maximum height: 30 feet.
(c) Accessory structures, detached.
[1] Front yard minimum: existing principal structure front line.
[2] Side yard setback: 15 feet.
[3] Rear yard setback: 15 feet.
[4] Maximum height: 15 feet.
(5) R-40 Nonresidential lot and structure dimensional requirements.
(a) Lot.
[1] Area, minimum: 80,000 square feet
[2] Width, minimum: ISOfeeL
[3] Depth, minimum (feet): n/a.
[4] Coverage, maximum (%): n/a.
(b) Principal structure and attached accessory structures.
[1] Front yard minimum: 50 feet.
[2] Side yard minimum:
[a] One side: 15% lot width.
[b] Total both sides: 30% lot width.
[3] Rear yard minimum: 30 feet.
[4] Maximum height: 30 feet.
(c) Accessory structures, detached.
[1] Front yard minimum: existing principal structure rear building line.
[2] Side yard minimum: 15% lot width.
[3] Rear yard minimum: 30 feet.
[4] Maximum height: 15 feet.
§230- 13 ZONING § 230-13
(4) R-15 Residential lot and structure dimensional requirements.
(a) Lot.
[1] Area, minimum: 15,000 square feet.
[2] Width, minimum: 80 feet.
[3] Depth, minimum (feet): n/a.
[4] Coverage, maximum (%): n/a.
(b) Principal structure and attached accessory structures.
[1] Front yard minimum: 25 feet.
[2] Side yard minimum:
[a] One side: 10% lot width.
[b] Total both sides: 25% lot width.
[3] Rear yard minimum: lOfeeL
[4] Maximum height: 30 feet.
(c) Accessory structures, detached.
[1] Front yard minimum: existing principal structure front line.
[2] Side yard setback: 10% lot width.
[3] Rear yard setback: 10 feet.
[4] Maximum height: 12 feet.
(5) R-15 Nonresidential lot and structure dimensional requirements.
(a) Lot.
[1] Area, minimum: based on design, parking, yards, etc.
[2] Width, minimum: 80 feet.
[3] Depth, minimum (feet): n/a.
[4] Coverage, maximum (%): n/a.
(b) Principal structure and attached accessory structures.
[1] Front yard minimum: 25 feet.
[2] Side yard minimum:
[a] One side: 15% lot width.
[b] Total both sides: 30% tot width.
[3] Rear yard minimum: 10 feet.
[4] Maximum height: 30 feet.
(c) Accessory structures, detached.
[1] Front yard minimum: existing principal structure rear building line.
[2] Side yard minimum: 15% lot width.
[3] Rear yard minimum: 10 feet.
[4] Maximum height: 15 feet.
§230-16 CLAY CODE § 230-16
A. NC-1 Neighborhood Commercial District (based on C-2).
(1) Intent It is the intent to maintain in NC-1 Districts the quality of environment that is usually
found in areas of commercial use often located near residential neighborhoods. The intensity
and scale of the uses, lots and structures are intended to be compatible to nearby residential
areas. Compatibility of site development shall be enhanced by encouraging adequate
provisions for landscaped open space, attractive architecture and other amenities.
(2) Uses allowed:
(a) Office of Planning and Development issuing a building permit: (reserved)
(b) Planning Board site plan approval:
[1] Retail use (less than 5,000 square feet). [4] Bank/credit union.
[2] Personal service use. [5] Medical office.
[3] Office building. [6] Instructional facility.
[7] Day care center
(c) Planning Board special permit approval: (reserved)
(c) ZBA special permit approval and optional advisory referral to the Planning
Board: (reserved)
(d) Town Board special permit approval and optional advisory referral to the
Planning Board:
[1] Emergency vehicle station. [4] Retail use (5,000 to
[2] Hospital/clinic. 15,000 square feet.)
[3] Nursing home/assisted-living facility. [5] Drive-in service.
[6] Secondary use.
(3) Cross-reference to other commonly used regulations; see sections noted:
(a) Definitions: see Article II.
(b) Accessory uses and structures: see § 230-20A.
(c) Lot: structure dimensional exemptions: see § 230-20B.
(d) Parking: see § 230-21.
(e) Signs: see § 230-22.
(f) Utility substation: see § 230-27.
(Q) Highway Overlay Zone: see § 230-19.
§ 230- 16 CLAY CODE § 230-16
B. HC-1 Highway Commercial (based on C-2).
(1) Intent.
(a) It is the intent to maintain in this district the quality of environment that is usually
found in areas of commercial use often located near, but generally not immediately
adjacent to, residential neighborhoods. The intensity and scale of the uses, lots and
structures are intended to be commensurate to moderately concentrated business
areas.
(b) Development in these districts should be designed so as to be compatible with the
general characteristics which exist or are to be expected in the nearby
neighborhoods, such as open space, green areas, landscaping and architecture.
(2) Uses allowed:
(a) Office of Planning and Development issuing a building permit: (reserved)
(b) Planning Board site plan approval:
[1] Retail use. [6] Shopping center.
[2] Personal service use. [7] Public self-storage facility.
[3] Office buiiding. [8] Medical office.
[4] Bank/credit union. [9] Outdoor retail sales and service.
[5] Theater, indoor. [10] Daycare center.
(c) Planning Board special permit approval:
[1] Hospital/clinic.
[2] Nursing home/assisted-living facility.
[3] Secondary use.
(c) ZBA special permit approval and optional advisory referral to the Planning Board:
(reserved)
(d) Town Board special permit approval and optional advisory referral to the Planning
Board:
[1] Emergency vehicle station. [5] Drive-in service.
[2] Restaurant. [6] Hotel/motel.
[3] Automobile car wash facility. [7] Veterinary care facility.
[4] Motor vehicle sales, service and rental.
(3) Cross-reference to other commonly used regulations; see sections noted:
(a) Definitions: see Article 11.
(b) Accessory uses and structures: see § 230-20A.
(c) Lot: structure dimensional exemptions: see § 230-20B.
(d) Parking: see § 230-21.
(e) Signs: see § 230-22.
(f) Utility substation: see § 230-27.
(g) Highway Overlay Zone: see § 230-19.
§ 230- 16 CLAY CODE §230-16
C. RC-1 Regional Commercial (based on C-3, -5, -7 and -10).
(1) Intent. This district is intended to allow for diverse, large-scale commerciai development of
potentially multiple lots, structures and uses arranged in a planned and coordinated manner.
Such development shall be treated as a unified development maintaining coordinated site
management of shared parking, signage and similar site improvements. This district shall
emphasize design to ensure compatibility with adjoining properties, land uses, public facilities
and environmental features and, therefore, each shopping center complex shall conform to
both district and individual lot development standards.
(2) Uses allowed:
(a) Office of Planning and Development issuing a building permit: (reserved)
(b) Planning Board site pian approval:
[1] Shopping center. [7] Theater, indoor. [12] Public self-storage
[2] Retail use. [8] Motel/hotel. [13] Outdoor retail sales
[3] Personal service use. [9] Medical office and service.
[4] Office building. [10] Hospital/clinic. [14] Veterinary care facility.
[5] Bank/credit union. [11] Nursing home/ [15] Day care center
[6] Restaurant. assisted-living facility.
(c) Planning Board special permit approval: (reserved)
(d) ZBA special permit approval and optional advisory referral to the Planning Board:
(reserved)
(e) Town Board special permit approval and optional advisory referral to the Planning
Board:
[1] Emergency vehicle station. [4] Motor vehicle sales, rental and service.
2] Drive-in service. [5] Gasoline service station.
[3] Automobile car wash facility. [6] Nightclub/dance hall.
(3) Cross-reference to other commonly used regulations; see sections noted:
(a) Definitions: see Article 11.
(b) Accessory uses and structures: see § 230-20A.
(c) Lot: structure dimensional exemptions: see § 230-20B.
(d) Parking: see §230-21.
(e) Signs: see § 230-22.
(f) Utility substation: see § 230-27.
(g) Highway Overlay Zone: see §230-19.
§ 230- 20 CLAY CODE § 230-20B.
B. Structures.
(1) Front yard intrusions permitted. A porch may intrude into the required front yard up to
a maximum of six feet, provided there is no roof or wall enclosures and any railing is not
higher than 36 inches.
(2) Fences.
(a) No wall or fence, other than a wire fence, shall be erected, replaced or
maintained on any residential lot having a height in excess of seven (7) feet.
(b) No fence or hedge having a height in excess of two and one-half (2 ]^) feet
shall be erected, replaced or maintained in the front yard or side yard between
the street line and the setback line.
(c) Fences cannot be erected across a drainage easement per section 185.20,
Stormwater Drainage.
(d) Fences in Fiood Zones must comply with Chapter 112, Flood Damage
Prevention.
(e) Fences surrounding swimming pools must comply with section 230-208(3).
(3) Swimming Pools and Hot Tubs: No building permit for the erection or maintenance of
a swimming pool or hot tub shall be issued except upon compliance with Chapter 81,
Building Permits, of the Town Code and the following provisions:
(a) Map or Survey. The application shall be accompanied by a map or
survey showing the exact location of the pool with reference to lot side
lines, existing buildings, water mains, electric lines, gas lines and sewer
lines. The application shall show the manner and method of disposal
of waste water.
(b) Lighting. No lighting shall be permitted in, on or about a swimming pool
except such lighting that shall shine into or upon the pool which shall
cast no light or reflections onto abutting properties.
(c) Overhead Wires. No overhead electric lines shall be maintained within
twenty (20') feet of the nearest portion of a pool or appurtenances.
(d) Perimeter. A perimeter of at least four (4') feet around all edges of the
pool shall be maintained between the edges of the pool and fence
erected around the pool.
(e) Disposal of Waste Water. Waste water shall not be discharged into
any sanitary sewer in the Town of Clay. Waste water shall be
prevented from flowing over or into the land of any adjoining property
owner or over any abutting street.
(f) Fillina. No pool having water capacity in excess of one hundred (100)
gallons shall be filled or added to at any time during the effectiveness
of emergency water orders or measures.
(g) Existing Pools. Existing pools shall conform to all provision of this
subsection.
(h) Abandonment Should the pool be abandoned, the owner shall arrange
to remove the depression and return the surface of the ground to its
original grade and Enforcement Officer shall be notified
§230-21 CLAY CODE § 230-21
(3) Reserve spaces. Upon approval during either site plan or special permit reviews, a
percentage of the required parking or loading spaces may be set aside for future
installation. These spaces shall be maintained as potentially usable spaces, but, until
needed, shall be landscaped, treated and maintained per the requirements of the
reviewing board. The reserve spaces shall be cleariy shown on any graphic plans
approved by the Town. Unless othenwise prohibited by the Town, the owner-
occupant may prepare these reserve spaces for vehicular use per the approved plan,
without additional site plan or special permit review. The Town may require the
owner-occupant to prepare the reserve spaces for vehicular use upon a finding by
the reviewing board that the reserve spaces are needed.
(3) Shared/Off-site parking. All parking and loading spaces shall be maintained entirely
within the same lot as the land use(s), unless specifically allowed by the reviewing
board. The reviewing board may, during site plan or special permit review, allow the
required parking spaces to be maintained on any lot within 500 feet of the primary
land use if it determines that it is impractical to provide parking on the same lot with
the building by the issuance of a special permit.
(4) Parking ratios. The table sets forth a minimum number of spaces required per
selected characteristics of land use. Square footage is used for most of the land
uses and is based on the gross or entire floor area of a buiiding or structure, as
measured along the exterior walls.
(5) Fractional results. A parking or loading space calculation resulting in fraction of a
space shall be rounded to the closest whole number, except that no loading space
shall be required for land uses that yield a calculated loading space that is less than
one space.
E. Required parking and loading spaces. The following parking and loading spaces
shall be provided and satisfactorily maintained by the owner-occupant of the
property for each land use on the property.
Group Name Minimum Required Minimum Required Maximum
Parking Spaces Loadina Spaces Percentage of
ReserveParkina
Residential
1 to 3 units 2/unit 0 0%
4 or more units/lot 2/unit Subject to site plan review
Managed-living facility 1/10,000 sq. ft. 25%
Health-related 2/bed 0
Hotel-motel-type use 1.5/room 0
Assembly 25%
Fixed seating 1/3 seats
Open floor plan: 10/1,000 sq. ft.
flexible seating
SECTION 2. Effective Date
This local law shall take effect immediately upon filing with the Secretary of State.
(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)
ofthe 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 of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form offinaladoption 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 JL , above. KJ I ^ . / j ^^'^f^j^f^^^^-pf^
Clerk of the county legislative body. City, Town or Village Clerk or
officer designated by local legislative body
VIVIAN 1. MASON^ TOWN CLERK
(Seal) n,teMARCH 24TH, ^006
(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 ONONDAGA
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 ofthe local law annexed hereto.
Signature ROBERj;i^GERMAlN
TOWN ATTORNI
Title
XXjty^^ CLAY
Town
Date MARCH 24TH, 2006
DOS-239 (Rev, 11/991 Page 3 of 3