This chapter shall be known as the “Town
of Clay Zoning Code” (hereinafter called the “code”)
and shall consist of the following text and the Town of Clay Official
Zoning Map (hereinafter termed the "Zoning Map").
The Town Board of the Town of Clay, in the County
of Onondaga, in the State of New York, hereby ordains, enacts and
publishes the Town of Clay Zoning Code and Official Zoning Map.
This chapter provides for regulating, controlling,
and restricting the use and development of land and buildings within
the Town of Clay in order to promote and protect, to the fullest extent
reasonable, the environment of the Town and its public health, safety
and general welfare in accordance with purposes outlined in applicable
sections of the New York State Town Law.
For purposes of interpretation and application,
the provisions of this code shall be deemed to be the specified minimum
or maximum requirements necessary for the promotion of the public
health, safety, comfort, convenience and general welfare.
This code shall not be construed, unless specifically
stated, as superseding, limiting, changing or suspending any law,
ordinance, code or regulation still in effect regulating the safety,
construction or sanitation of any building or structure. The New York
State Fire Prevention and Building Code (NYSFPBC) is an example of
a major state regulation addressing identical or similar issues as
this Zoning Code. As an example, this Zoning Code may allow a zero-foot
setback from a property line while the NYSFPBC requires 10 feet or
appropriate alternatives, such as fire-resistant materials. In such
cases, the NYSFPBC will be the prevailing requirement.
Should any section or provisions of this chapter
or code be decided by the courts to be unconstitutional or invalid,
such decision shall not affect the validity of the code as a whole
or any part thereof other than the part so decided to be unconstitutional
or invalid.
Upon filing of this chapter in the office of
the Secretary of State of New York, "The Town of Clay, New York, Zoning
Code, 1978" and all subsequent amendments thereto adopted by ordinance
or by local law shall be and the same hereby are repealed.
This chapter shall take effect immediately upon
filing in the office of the Secretary of State of the State of New
York.
A.
A violation of this chapter is hereby declared to
be an offense, punishable by a fine not exceeding $750 or imprisonment
for a period not to exceed 15 days, or both. Such violation shall
not be a crime, and the penalty or punishment imposed shall not be
deemed for any purpose a penal or criminal penalty or punishment,
and shall not impose any liability upon or affect or impair the credibility
as a witness, or otherwise, of any person convicted thereof. Each
week's continued violation shall constitute a separate, additional
violation for which no further notice of any kind needs to be filed.
[Amended 3-7-2016 by L.L.
No. 3-2016]
B.
Injunctive relief. In case any building or structure
is erected, constructed, reconstructed, altered, converted or maintained,
or any building, structure or land is used, or any land is divided
into lots, blocks, or sites in violation of this chapter, the proper
local authorities of the Town, in addition to other remedies, may
institute any appropriate action or proceedings to prevent such unlawful
erection, construction, reconstruction, alteration, conversion, maintenance,
use or division of land, to restrain, correct or abate such violation,
to prevent the occupancy of said building, structure or land, or to
prevent any illegal act, conduct, business or use in or about such
premises.
Except as hereinafter provided:
A.
No building, structure or land shall hereafter be
used or occupied, and no building or structure or part thereof shall
hereafter be erected, constructed, reconstructed, moved or structurally
altered unless in conformity with all of the regulations herein specified
for the district in which it is located.
B.
No building or structure shall hereafter be erected
or altered to exceed the height; to accommodate or house a greater
number of dwelling units; to occupy a greater percentage of lot area;
or to have narrower or smaller rear yards, front yards, side yards
or other open spaces than are herein specified for the district in
which it is located or in regulations applicable to all districts.
C.
No part of a yard or open space required about any
building or structure for the purpose of complying with this code
shall be included as part of a yard or open space similarly required
for another building or structure.
D.
Uses not permitted. All uses not specifically permitted
in a district by right or permitted upon issuance of a site plan or
special permit approval shall be deemed prohibited in that district.
A use not clearly addressed by this code may have its status determined
by an interpretation of the Commissioner of Planning and Development,
subject to appeal to the Zoning Board of Appeals, or may be added
to the Zoning Code by adoption of a text amendment by the Town Board.
E.
Existing buildings and uses. This code shall not apply
to an existing building or structure, nor to the existing use of any
building, structure or land to the extent it was legally established
or legally used at the time of enactment of this code. The terms of
this code shall apply to any subsequent change in use, alterations,
extension or movement of a building or structure and to any change
in use of land.
F.
Types of zoning reviews. For purposes of general understanding, a permitted use or structure is allowed in a zone district and does not require discretionary review or approval by any Town board. Permitted uses may require a building permit or certificate of occupancy for certain activities. A variance is a waiver of the applicable use or dimensional controls and requires Zoning Board of Appeals approval. Site plan or special permit reviews are for uses or structures which are allowed, but, due to their nature, necessitate discretionary Board review; such review includes but is not limited to elements of size, site design, intensity of use and character. To determine the type of review for a specific use or structure, consult Article III, Zone Districts, Article IV, Supplemental Regulations, and Article V, Administration.
G.
Changes in use (changes in land use). Properties and
structures are anticipated by this code to periodically change. Changes
in ownership or simple occupancy will not normally require Zoning
Code review or approval if there are no accompanying physical changes
and if there are no changes in land use. A change in land use is a
change from one land use to another as defined in this code. (Examples
include: a retail store changed to an office; a warehouse changed
to a wholesale use.) Changes in land use require review and approval
as required by this code as if there was new or modified construction.
