Local Law 3 of 2010 — ====================== 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 (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 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 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,