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 F i l i n g 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 bein^^l^^^i^lJ^jaS^^jlo not use italics or
underlining to indicate new matter. p | j P |^
JUN 1 5 2006
MyC^i CLAY ^
Town MISCELLANEOUS
& STATE RECORDS
Local Law No. ^ ofthe year 5o2?
A local law amending Chapter 230 entitled "ZONING" ofthe Code ofthe Town of Clay by adding a sentence to
(Insert Title)
The purpose of this Local Law is to clarify that a nonconforming use must be discontinued
prior to said property being used for a conforming use.
Beitenactedbythe Town Board ^^^^^
(Name of Legislative Body)
m ^ , fof Clay1 as follows:
Town
Town
mmx
Said Local LawNo. 5 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, 11/99) Page 1 of 3
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative hody only.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the fO(iK^I^>(?0(^( of Clay _ w a s duly passed by the
Town Board on June 5th, 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 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)
(Nameof Legislative Body) '
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20 , in accordance with the applicable provisions oflaw.
3. (Final adoption by referendum.)
I hereby certify that the local law armexed 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 of a (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 appiicabie provisions oflaw.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting 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 ofLegisiative Body)
(repassed after disapproval) by the on 20 . Such local
(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 oflaw.
* 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 of the county iegisiative 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) Page 2 of 3
AMENDMENT OF AN EXISTING CHAPTER
LOCAL LAWNO. 5 OF THE YEAR 2006
A LOCAL LAW TO AMENDING CHAPTER 230 ENTITLED "ZONING", SECTION
230-23 S. DEFINITIONS OF THE TOWN OF CLAY MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Town Board of the Town of
Clay, Onondaga County, New York, as follows:
SECTION 1 AMENDMENT OF CHAPTER 230
That Chapter 230 entitled "ZONING" of the Code of the Town of Clay is
amended as follows:
Local Law No. 5 of the Year 2006 entitled "A Local Law Amending
Chapter 230 entitled 'ZONING', of the Town of Clay of Clay Municipal Code,
adding a new sentence to Section 230-23 Nonconformities, Subdivision B.
Definitions - Nonconforming Use " The purpose of said Local Law Is to add a
sentence at the end of Section 230-23(B) Nonconforming Use- after the word
structures, "A nonconforming use must be discontinued before the property
can be used for a conforming use". Said local law amendment to read as
follows:
LOCAL LAW
A proposed Local Law Amending Chapter 230 entitled "ZONING", Section
230^23 Nonconformities, Subdivision B, Definitions, of the Town of Clay
Municipal Code.
§ 230-23. Nonconformities
B. Definitions.
NONCONFORMING USE - A legally preexisting activity or land use occurring on
or associated with a structure or site and is not permitted by building or zoning
permit, site plan review or a special permit approval in the applicable zone district.
A nonconforming use may be found to occur in conforming structures. A
nonconforming use must be discontinued before the property can be used for a
conforming use.
SECTION L PURPOSE
That the purpose of this Local Law is to add a sentence at the end of Section
230-23 Nonconformities, Subdivision B. Definitions - Nonconforming Use to clarify
that a nonconforming use must be discontinued prior to said property being used
for a conforming Use
SECTION 7, EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary
of State.
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law aimexed 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 ofa majority ofthe 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 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 ofthe whole of such original local law, and was finally adopted in the manner
indicated in paragraph JL , above. '^'''^^^l^Xii^ ^ ^^^f^ljlA^trK^
Clerk of the county legislative body, City, Town or Village Clerk or
officer designated by local legislative body
VIVIAN 1. MASON, TOWN CLERK
(Seal) Date: > J " ^ A J ^ /CP, ^<5O<^
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, ViUage 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.
Sigrtature R Q B E R T W G E R M A I N
TOWN ATTORNEY
Title
CLAY
Town
Date:
DOS-239 (Rev. 11/99) Page 3 of 3