Local Law 2 of 2020 — TO AMEND SECTION 230-23 D ENTITLED NONCONFORMITIES BY ADDING ITEM (8) AN OWNER OF A SINGLE FAMILY DWELLING ERECTED PRIOR TO THE EFFECTIVE DATE OF THE RESOLUTION SHALL BE PERMITTED 
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                                                                                        STATE Rf?CORDS
               • C o u n t y • C i t y [xjTown    •Village
              (Selectone:)                                                                                                 ^j)^^ J   |   ^QZO

of Clay
                                                                                      ^          —      —             Qgpftf^xMErsjT OF STATE
              Local Law No.                                                               of the year 20 2C
              A local law *° ^niend Section 230-23 D. entitled "Nonconformities" by adding item (8) "An owner of a
                              (Insert Title)           ~ ~            "                          ~      _ _ _ _ _ —
                              single-family dwelling erected prior to the effective date of the resolution shall be permitted
                              to enlarge or structurally alter such dwelling to provide for additional enclosed space for
                              living or garage purposes, provided, however, no front, side or rear yard (see below)
              Be it e n a c t e d b y t h e Town Board                                                                                      ofthe
                                               (Name of Legislative       Body)
              •County         •City            [xjTown          •Village
              (Select one:)
              of Clay                                                                                                                a s follows:
                   encroachment shall be further expanded.
                                                             SEE ATTACHED LOCAL LAW:

(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-0239-f-l (Rev. 04/14)                                                                                                                           Page 2 of 4
                      (Complete the certification in the paragraph that a p p l i e s to the filing of this local law a n d
                                                strike out that which Is not applicable.)
   1. (Final adoption by local legislative body only.)
   I hereby certify that the local law annexed hereto, designated as iocal law No.                                  ^                       of 2 0 ^ 2 r _ of
   the ^066KE^:p3(^(Town)(5<iHJi^ of             ^'ay                                                                         w a s duly passed by the
   T o w n Board                                                          on December 16            20^^          , in accordance with the applicable
   (Name of Legislative Body)
   provisions of law.

2.  ( P a s s a g e by local legislative body with approval, no d i s a p p r o v a l or r e p a s s a g e after d i s a p p r o v a l by the Elective
       Chief Executive Officer*.)
   1 hereby certify that the local law annexed hereto, designated as local law No.                                                          of 20       of
   the (County)(City)(Town)(Village) of                                                                                       w a s duly passed by the
                             .                                           on                            20          , and w a s (approved)(not approved)
   (Name of Legislative Body)
   (repassed after disapproval) by the                                                                                  and w a s deemed duly adopted
                                              (Elective Chief Executive Officer*)
   on                          2o|    I   I, in accordance w ith 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                                                                                       w a s duly passed by the
   ^                                      _ _ ^ _ _ _ _ _ _ _            on                        20             , and w a s (approved)(not approved)
   (Name of 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)(permissive) referendum, and received the affirmative
  vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
  2Q_          , in accordance with the applicable provisions of law.

4.     (Subject to p e r m i s s i v e referendum and final adoption b e c a u s e no valid petition w a s 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                                                               _ _ _ _ _ ^ _ _          w a s duly passed by the
                                                                 _ _ ^ _ on                       20             , a n d w a s (approved)(not approved)
  (Name of Legislative Body)
  (repassed afterdisapproval) b y t h e                                                                     on                   20 ._ ,      . Such local
                                             (Elective Chief Executive Officer*)
  law was subject to permissive referendum and no valid petition requesting such referendum w a s filed as of
  20           , in accordance with the applicable provisions of law.
       • Elective Chief Executive 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 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-0239-f-l (Rev, 04/14)                                                                                                                           Page 3 of 4
  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 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 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^^nd was finally adoptejlin the manner indicated in
  paragraph        ^       above.
                                                                    Clerk the c          islative body, City, Town or Village Clerk or
                                                                    officer esignate!   local legislative body
                                                                    Date:
DOS-0239-f-l (Rev. 04/14)                                                                                                      Page 4 of 4
                      LOCAL LAW NO. 2 OF THE YEAR 2020

TOWN OF CLAY
LOCAL LAW NO. 2 OF THE YEAR 2020 TO AMEND CHAPTER 230 entitled
"ZONING" by amending Section 230-23 D. to add new item (8) to said section of the Code
ofthe Town of Clay.
IT IS TO ENACT by the Town Board of the Town of Clay, County of Onondaga as
follows:
SECTION 1. It is to amend Section 230-23 D. entitled 'Nonconformities' by adding item
(8) "An owner of a single-family dwelling erected prior to the effective date of this
resolution shall be permitted to enlarge or structurally alter such dwelling to provide
additional enclosed space for living or garage purposes, provided, however, no front, side or
rear yard encroachment shall be further expanded," to the Code of the Town of Clay.
                            Said Local Law shall read as follows:
    § 230- 23                                         ZONING                                           §230-23

ARTICLE IV
§230-23 D.   Nonconforming use requirements.
       (1)   Except as otherwise provided in this section, nonconforming uses may continue to exist.
       (2)   A nonconforming use may not be enlarged to occupy additional floor area within an existing structure or
             additional lot space, nor be converted to another use, except in conformance with this code. Any such
             proposed modification or enlargement of a nonconforming use shall be subject to approval of a use
             variance from the Zoning Board of Appeals.
       (3)   A nonconforming use may be changed to another nonconforming use only upon issuance of a special
             permit by the Zoning Board of Appeals. The Board shall evaluate the appropriateness of the proposed
             nonconforming use to the zone district and shall find that it will not have a greater impact on surrounding
             properties than the existing nonconforming use. In its determination, the Zoning Board of Appeals may
             consider parking demand, pedestrian and traffic volume, intensity of use, hours of activity, noise levels
             and any other factors considered relevant.
       (4)   A nonconforming use, if changed to a conforming use, shall not thereafter be changed back to a
             nonconforming use.

(5)   The provisions of § 230-23C(3) above, regarding repair and restoration of damaged structures, shall apply
             to conforming structures containing a nonconforming use.
       (6)   Any previously established permitted use now subject to the site plan review or special permit
             requirements of this code shall be regarded as nonconforming if it does not comply with the current site
             plan review or special permit standards and criteria.
       (7)   The nonconforming use ofa structure or land which has ceased operation for six months shall be deemed
             abandoned and may not be reestablished. The six-month period will commence upon written notification
             by the Commissioner to the property owner. During this six-month period, the owner may request a time
             extension from the Zoning Board of Appeals in order to continue the nonconforming status. The Zoning
             Board of Appeals may extend the six-month period with a maximum additional 24 months upon finding
             that the nonconforming use occupies a structure uniquely designed to its use or that the additional needed
             time is reasonable and appropriate for the circumstances of the property. If the original or extended period
             has expired without an approved continuation of the nonconforming status, then the structure or land shall
             be used in conformity with this code.

(8)   An owner of a single-family dwelling erected prior to the effective date of this resolution shall be
             permitted to enlarge or structurally alter such dwelling to provide additional enclosed space for living or
             garage purposes, provided, however, no front, side or rear yai'd encroachment sliall be further expanded.