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Local Law 3 of 2010 —

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NEW YORK STATE DEPARTMENT OF STATE
NEW YORK STATE DEPARTMENT OF STATE
                                                                                                         41 STATE STREET
    Local Law Filing                                                                                    ALBANY, NY 12231
                                  (Use this form to tile a local law with the Secretary of State,)
          Text of law should be given as amended. Do not include matter being eliminated and do not use italics or
          underlining to indicate new matter.
                                                   CLAY
                Town
                mm
                        Local Law No.                                            of the year 2010
          Alocallaw Amending CHAPTER 230 entitled 'ZONING', § 230-16 B.(2)(e), § 230-16 C.
          (2)(e); §230^If C.(2)(e); § 230-17 D.{2)(e) deleting certain subparagraphs,renumber
          accordingly and adding subparagraphs;and to amend § 230-llC. Terms defined, deleting
          and adding term to flTe'Tode oT'tTTe ToWn ot Clay
          Be it enacted by the                                      Town Board                                       ofthe
                                        (\'af)!e oJ Li'gislaHvv Budy)
              of                                                                                               as follows:
          Town
SEE ATTACHED LOCAL LAW NO. 3 OF THE YEAR 2010
                                                                                                        FILED
                                                                                                    STATE RECORDS
                                                                                                      APR 2 f 2010
DEPARTMENT OF STATE
DEPARTMENT OF STATE
          (If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-23y (Rev. 1 l ^ )                                                                                                 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.)
L    (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No.                                                 of20l0         of
the mm^}i)(im)(^own)m^m^ of                                          cia^^                                                .was duly passed by the
Town Board                                                                    on April 5th, 2010              , in accordance with the applicable
(Name ofLegislative hody)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
   Chief Executive Officer"^.)
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 Body)
(repassed after disapproval) by the (Elective ChiefExecutive Officer*)                                             and w as deemed duly adopted
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)
(Name oJ Legislative Bodv)
(repassed after disapproval) by the                                                             on             20
                                    (Elective ChiefExecutive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(pemiissive) referendum, and received the affirmative
vote of a majority ofthe 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.)
1 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              Such local
                                             (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 apphcable provisions of law.
*     Elective ChiefExecutive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, ifthere be none,
      thc chairperson ofthe county legislative body, the mayor ofa city or village, or the supervisor of a town where such officer is vested with thc
      power to approve or veto local laws or ordinances.
DOS-23<:^ (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 ofsection (36)(37)
of the Municipal Home Rule Law, and having received the affimiative vote ofa majority of the qualified electors ofsuch 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 otTice 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.                            ,
                                                                    Clerk 6f the county legislative body, City, Town or Village Clerk or
                                                                    officer desisjnated by local legislative body
                                                                    JILL HAGEMAN-CLARK, TOWN CLERK
(Seal)                                                              Date: April 12th, ?.010
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
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 coiTect text and that all proper proceedings have
been had or taken for the enactment of the local law annexed hereto.
                                                                    Signature    C        )
                                                                    ROBERT M. GERMAIN, TOWN ATTORNEY
                                                                    Tille
                                                                    Oi)^X^ Town of Clay
                                                                    Town
                                                                    mmm
                                                                    Date:               April 12th. 2010
DOS-239 (Rev, 11,99)                                                                                                             Page 3 of 3
                          LOCAL LAW NO- 3 OF THE YEAR 2010
TOWN OF CLAY
TOWN OF CLAY
   LOCAL LAW NO. 3 OF THE YEAR 2010 AMENDING CHAPTER 230, entitled ^ZONING'
   Section 230-16 B.(2)(e); Section 230-16 C.(2)(e); Section 230-17 C.(2)(e); Section 230-17 D.(2)(e)
   deleting certain subparagraphs and adding new subparagraphs to said sections; renumbering said
   subparagraphs accordingly and amending Section 230-llC. Terms defined, by deleting certain
   terms and adding new terms to the Code of the Town of Clay
It is the purpose of this local law to amend Section 230-16B.(2)(e) by deleting the present
    subparagraphs new [4] Motor vehicle sales, service, and rental, and adding new subparagraphs [4]
    Motor vehicle service.; [5] Motor vehicle sales and [6] Motor vehicle rental and to renumber
    remaining subparagraphs accordingly in said Section 230-16B.(2)(e); amending Section 230-
    16C.(2)(e) by deleting the present subparagraph [4] Motor vehicle sales, service, and rental; then
    adding subparagraphs [4] Motor vehicle service; [5] Motor vehicle sales and [6] Motor vehicle
    rental and to renumber remaining subparagraph accordingly in said Section 230-16C,(2)(e);
    amending Section 230-17C.(2)(e); by adding subparagraph [3] Motor vehicle rental to said Section
    230-17C.(2)(e); amending Section 230-17D.(2)(e) adding subparagraph [5] Motor vehicle rental to
    Section 230-17D.(2)(e); and amending Section 230-llC. Terms defined, deleting the term
    MOTOR VEHICLE SALES, SERVICE, RENTAL and adding the terms MOTOR VEHICLE
    RENTAL, MOTOR VEHICLE SALES, MOTOR VEHICLE SERVICE to said Section 230-
    l l C . to the Code of the Town of Clay, in order to clarify certain terms for better application and
    understanding in 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. Be it enacted by amending Chapter 230 entitled "ZONING'', Sections 230-
    16B.(2)(e); 230-17C.(2)(e); 230-17D.(2)(e) and Section 230-llC, Terms defined to the Code of the
    Town of Clay.
February 1st, 2010 called public hearing for proposed local law for March 1st. 2010 at 7:44 P.M.,
Notice of public hearing published in the Post Standard on February 18th, 2010.
Public hearing held and completed on March 15th, 2010.
Local Law No. 3 of the year 2010 was approved by the Clay Town Board on April 5th, 2010.
Said Local Law No. 3 was sent to Dept. of State April 12th, 2010.
Received letter from Dept. of State, local law was filed on                      .
§ 230-16 B                                ZONING                                         § 230-16 B
 B.   HC-1 Highway Commercial (based on C-2).
      (2).   Uses allowed:
              (e)     Town Board special permit approval and optional advisory referral to the
                      Planning^ Board:
                      [4] Motor vehicle service.
                      [5] Motor vehicle sales.
                      [6] Motor vehicle rental.
§ 230-16 C
C.    RC-1 Regional Commercial (based on C-3, -5, -7 and -10).
       (2)    Uses allowed:
              (e)     Town Board special permit approval and optional advisory referral to the
                      Planning Board:
                      [4] Motor vehicle service.
                      [5] Motor vehicle sales.
                      [6] Motor vehicle rental
§ 230-17C
C.    I - l Industrial 1 District.
      (2)     Uses allowed. In addition to the following requirements^ cdl land uses and/or structures
              shall comply with all relevant local, county, state or federcd permits cmd regulations
              prior to or as a condition of final zoning approvai
              (e)     Town Board special permit approval and optional advisory referral to the
                      Plannins^ Board:
                      [3] Motor vehicle rental.
§ 230-17 D
D.    1-2 Industrial 2 District.
      (2)     Uses allowed. In addition to the following requirements, all land uses and/or structures
              shall comply with all relevant local, county, state or federal permits and regulations prior
              to or as a condition of final zoning approval.
               (e)    Town Board special permit approval and optional advisory referral to the
                      Planning Board:
                      [5] Motor vehicle rental.
§ 230-11                                      ZONING                                         § 230-11
                                            ARTICLE II
                                             Definitions
Section 230-llC, Terms defined.
MOTOR VEHICLE SERVICE ~ Land and/or structures commercially used for the servicing and repair
(including auto body/collision repair) of motor vehicles; including cars, trucks, recreational vehicles,
motorcycles, trailers, snowmobiles or boats.
MOTOR VEHICLE SALES ~ Land and/or structures commercially used for the sales of motor
vehicles; including cars, trucks, recreational vehicles, motorcycles, trailers, snowmobiles or boats.
MOTOR VEHICLE RENTAL— Land and/or structures commercially used for the rental of motor
vehicles; including cars, trucks, recreational vehicles, motorcycles, trailers, snowmobiles or boats.
SECTION 2. This local law shall take effect upon filing in the Office of the Secretary of State,