Manlius Town City Zoning Code
ARTICLE III
District Regulations
§ 155-7 Residential District R-1.
A.
The following uses and no other uses shall be permitted in a Residential District R-1:
(1)
A single-family dwelling on a lot with a minimum of 150 feet of frontage and with a minimum area of 40,000 square feet, where public sanitary sewer service is provided; a single-family dwelling on a lot with a minimum of 150 feet of frontage and with a minimum area of 80,000 square feet, where septic systems are proposed. Any lot with a septic system must have a minimum of 10,000 square feet of open, unimproved land suitable for the installation of a septic field explicitly identified and reserved for such purpose.
(2)
Accessory structures or land uses customarily incidental to any use permitted above, provided that such accessory uses shall not include any activity commonly conducted for commercial profit, except as follows:
(a)
An office of a physician, dentist, lawyer, architect, engineer or member of other recognized professions, in his or her place of abode, excluding hospitals or any inpatient establishments, only upon receipt of an accessory use permit pursuant to Article IV, § 155-29. Uses involving the preparation of food, shoe repair shops, barbershops, beauty salons and similar uses are expressly excluded from the R-1 District.
[Amended 5-22-2002 by Ord. No. 2002-5]
(b)
A private garage for use by the occupants of the premises, excepting that a space for one automobile may be rented to a person not residing on the premises.
(c)
A private stable, provided that such lot has at least five acres in area, used to shelter horses owned by the occupant of the premises, and provided that such stable is at least 100 feet from any property line, unless an accessory use permit pursuant to Article IV, § 155-29, has been granted by the Planning Board.
(d)
Structures for housing dogs, cats or other such domestic household pets, including miniature goats, chickens, and rabbits, provided that such use is not conducted for profit or any commercial purpose; and provided, further, that the total floor area of all such structures shall not exceed 50 square feet, and the number of chickens and rabbits kept in such structure shall not exceed 12, and the number of miniature goats kept in such structure shall not exceed two. The intention of this subsection is to allow the keeping and proper maintenance of small animals in the house and on the property as either inside pets or comfort animals.
[Amended 3-24-2021 by L.L. No. 3-2021]
(e)
A bed-and-breakfast establishment to be permitted only upon receipt of an accessory use permit pursuant to Article IV, § 155-29. However, a bed-and-breakfast establishment shall not be permitted on property contained within the bounds of any subdivision plat filed with the Onondaga County Clerk.
[Added 3-10-1993 by Ord. No. 1-1993]
B.
All lots in Residential District R-1 shall have a minimum front yard depth of 40 feet, side yard depth of 20 feet and rear yard depth of 40 feet. No portion of any building or structure shall be located in any front, side or rear yard.
§ 155-8 Residential District R-2.
The following uses and no others except as specified in Articles V and VI below shall be permitted in a Residential District R-2:
A.
Single-family dwellings on a lot with at least 50 feet frontage and at least 6,250 square feet in area, provided that community water supply is available or community sewage disposal facilities are available, to be used for residential purposes only.
B.
Accessory structures or land uses customarily incidental to any use permitted above, provided that such accessory uses shall not include any activities commonly conducted for gain, except as follows:
C.
All lots in Residential District R-2 shall have a minimum front yard depth of 20 feet, side yard depth of 10 feet and rear yard depth of 20 feet. No portion of any building or structure shall be located in any front, side or rear yard.
[Added 12-13-2000 by Ord. No. 5-2000]
§ 155-9 Residential District R-3.
A.
The following structures and uses shall be permitted in a Residential District R-3:
(1)
Any use permitted in the Residential District R-1 and subject to the same restrictions, except that septic systems are not allowed.
(2)
A single-family dwelling on a lot with a minimum of 100 feet of frontage and a minimum area of 16,000 square feet.
(3)
Two-family dwellings, provided that the two-family house is built upon a lot with at least 100 feet of frontage and at least 200 feet in depth.
(4)
Public or private schools, churches, parish house and other places of worship, public libraries, municipal buildings, parks, playgrounds, community centers or recreational grounds operated either by the public or by membership organizations for the benefit of their members and not for gain, on a lot at least 40,000 square feet in area and upon the issuance of a site plan approval by the Town Planning Board pursuant to Article IV, § 155-28.
(6)
The following uses upon special permit of the Town Board pursuant to Article IV, § 155-27, and upon such conditions as the Town Planning Board may impose in the interest of public safety, health and welfare, viz: hospitals, animal hospitals, veterinarian offices, hospices, homes for elderly adults, convalescent homes, nursing homes and similar facilities, as well as cemeteries, landing fields and greenhouses.
[Amended 4-13-2022 by L.L. No. 4-2022]
B.
All lots in Residential District R-3 improved by a single-family or two-family dwelling shall have a minimum front yard depth of 30 feet, side yard depth of 15 feet and rear yard depth of 25 feet. No portion of any building or structure shall be located in any front, side or rear yard.
§ 155-10 Residential District R-4.
The following structures and uses shall be permitted in a Residential District R-4:
A.
Any structure or use permitted in a Residential District R-3, subject to the same restrictions, including occupations for gain customarily carried on in the home, such as dressmaking, millinery, hairdressing, barbering, manicuring, laundering, preserving and home cooking, housing of tourists or overnight guests, repairing and sharpening of lawn mowers and saws, only upon receipt of an accessory use permit pursuant to Article IV, § 155-29.
§ 155-11 Residential District R-5.
A.
It is the intent to provide through the multiple-family dwelling units, as specified in the R-5 Districts, a further choice in housing than is available in the other residential zoning districts. The multiple-family dwelling units should not be single-family or two-family type unattached units, but the design should provide compatibility with existing dwellings nearby and with future development in the Town. Since the concentration of population will normally be greater for multiple-family dwelling units than for adjacent single-family dwellings, the regulations for multiple-family dwellings include compensating features such as greater setbacks and wider side yards, screening of parking areas and adjacent properties, adequate off-street parking, recreation areas and other features.
B.
In order to maintain the quality of the human and natural environment for multiple-family dwellings, these regulations have been related to one or more of the following environmental factors: character of the surrounding residential development or zoning; privacy; visual environment; traffic and parking control; natural light; ventilation; noise control; recreation facilities; and air and water pollution.
C. BEDROOM RECREATIONAL AREA UNUSABLE DISTRICT SPACE USABLE DISTRICT SPACE
In addition to the definitions enumerated in § 155-3, when used in this section, unless otherwise stated or unless the context or subject matter otherwise requires, the following words shall have the definitions provided herein:
A room used for sleeping on a regular basis in a dwelling unit other than a kitchen, dining room, living room, bathroom or closet, and including extra kitchens, extra dining rooms, extra living rooms and all dens, game rooms, sun rooms or similar extra rooms.
That portion of the usable district space developed and maintained for recreational activities, including but not limited to swimming, tennis courts and playground equipment. Open land areas designed for passive recreation are not includable in the "recreational area," although they may otherwise qualify as part of the usable district space.
Any part of the lot area which has more than a fifteen-percent slope as finally graded (except when waived by the Planning Board as hereinafter provided) or is subject to periodic flooding or is not an integral part of an overall development plan.
That part of the lot area not classified as unusable district space which is used for dwelling structures, accessory uses and structures, streets, sidewalks, parking and active and passive recreation and is an integral part of the overall development plan.
D.
The following structures and uses shall be permitted in a Residential District R-5:
(1)
Multiple-family dwellings.
(2)
Accessory structures and uses incidental to multiple-family dwellings.
(3)
Structures and uses permitted in a Residential District R-1, provided that such uses, structures and buildings shall be subject to the approval of the Town Board after recommendations are received from the Town Planning Board. Such approval may both impose conditions and waive setback lines, side yard lines, lot size or area requirements in the interest of public safety, health and welfare.
E.
Minimum requirements for lot size shall be as follows:
F.
G.
Building requirements shall be as follows:
H.
Special provisions.
(1)
Pertaining to parking of vehicles and traffic.
(a)
Parking. Parking spaces convenient to the dwelling units shall be provided as follows:
Number of Bedrooms Per Dwelling Unit | Number of Parking Spaces Per Dwelling Unit | |
|---|---|---|
0 | 2 | |
1 | 2 | |
2 | 2 | |
3 | 3 | |
4 | 3 |
(b)
Vehicle circulation. Separated entrances and exits for vehicles shall be provided. Provisions for smooth internal vehicle circulation shall be made with storage space for snow which will not block parking spaces and with provision for access of emergency vehicles.
(c)
The design for vehicular ingress and egress to the site from a public highway and for interior streets shall be approved by the Town Highway Superintendent and the Chief of the Fire Protection District in which the project is to be located.
(2)
Pertaining to space utilization.
(a)
The finished floor level of all habitable rooms in every multiple-dwelling unit shall be at least one foot above finished grade level as measured at a point within 20 feet outside and at right angles to each window lighting each habitable room. All windows and outside doors shall be at least six inches above grade level at the building wall.
(b)
Recreational areas. Recreational areas, which are to include facilities approved by the Planning Board, shall be provided in the ratio of 5% of the usable district space for zero- to one- and two-bedroom units and 10% of the usable district space for three- and four-bedroom units.
(c)
Upon presentation of a proposed design plan for multiple dwelling which utilizes a slope or slopes in excess of 15% as finally graded, the Planning Board may in its discretion waive, in whole or in part, the requirement that such slopes be classified as unusable district space and include such an area or areas as part of the usable district space for purposes of the particular design plan presented.
(d)
In no case shall the buildings (including dwelling units and accessory uses) exceed 20% of the usable district space without residents' garages and 25% with fully enclosed residents' garages.
(e)
Accessory uses shall not exceed 7% of the total usable district space, excluding residents' garages.
(3)
Pertaining to screening and landscaping.
(a)
Architectural and landscape features suitable as a buffer shall be required to screen from the sight of adjacent properties and the street such things as, but not limited to, parking lots, drives, service facilities and such other features as shall be determined by the Planning Board. The screen shall not be positioned to impede or interrupt the flow of traffic on public rights-of-way or cause hazard to public safety.
(b)
Materials for use in a buffer screen may include, but not be limited to, evergreen plantings used alone or in conjunction with such architectural features as walls and fences of stone or masonry that may be ornamented with metal or wood configurations. The maximum height of such walls or fences shall be six feet.
(c)
Landscaping as subject to the approval of the Planning Board shall be provided and maintained.
(4)
Miscellaneous.
(a)
The Planning Board shall, in its review of applications for change of a zone to Residential District R-5 and for its recommendations made to the Town Board, give consideration to the suitability of design and type of the proposed construction, including mass, height, line, color and texture of materials to be used, in relation to the surrounding and immediate neighborhood of the building site, in order that such proposed multiple-family dwelling will not adversely affect the desirability of immediate and surrounding areas.
(b)
Municipal sewers and a municipal water supply must be available to any site proposed for multiple-family dwellings.
§ 155-12 Restricted Agricultural Districts (R-A).
A.
The following structures and uses shall be permitted in the Restricted Agricultural Districts:
(1)
Any use permitted in Residential District R-1, according to the same restrictions, or a two-family dwelling. A minimum of 150 feet of frontage and a minimum of 40,000 square feet of area are required where public sanitary sewers are provided. A minimum of 200 feet of frontage and a minimum of 100,000 square feet of area are required where a septic system is proposed. Any lot with a septic system must have a minimum of 10,000 square feet of open, unimproved land suitable for the installation of a septic field explicitly identified and reserved for such purposes.
(2)
Any use permitted in Residential District R-3, according to the same restrictions.
[Amended 9-13-2000 by Ord. No. 3-2000]
(3)
Farms, farm structures and farming.
(4)
Sale of products raised or produced only on the farm itself.
(5)
[1]Public utility structures necessary for servicing of the area or for general Town use, but excluding radio, microwave, television or other similar forms of energy transmission towers or facilities which shall be permitted only after the issuance of a special permit pursuant to Article IV, § 155-27, of this chapter.
[1]
Editor's Note: Former Subsection A(5) through (10) was repealed 9-13-2000 by Ord. No. 3-2000. This ordinance also renumbered Subsection A(11) through (16) as A(5) through (10), respectively.
(6)
The use of lands for one or more public or private golf courses, with or without a golf club house, and other activities customarily related to and enjoyed in connection with a golf club as tennis, swimming and similar activities; subject, however, to the receipt of a special permit pursuant to Article IV, § 155-27, of this chapter.
(9)
A bed-and-breakfast establishment to be permitted only upon the receipt of an accessory use permit pursuant to Article IV, § 155-29. However, a bed-and-breakfast shall not be permitted on property contained within the bounds of any subdivision plat filed with the Onondaga County Clerk.
[Added 3-30-1993 by Ord. No. 1-1993]
(10)
Rural occupations, only after the issuance of a special permit pursuant to Article IV, § 155-27, of this chapter. The purpose of this subsection is to allow a certain class of occupations which do not fit within this chapter's definition of home occupations, which definition has traditionally included primarily professional and teaching uses. This subsection is intended to permit and regulate small, low-intensity business occupations, that blend naturally with the rural setting as determined by the Planning Board during the special permit process, where the use proposed can be controlled so as to be in conformity with neighboring uses and so as to minimize possible detrimental effects of the use on neighboring properties.
[Added 1-26-1994 by Ord. No. 1-1994; 6-10-2015 by L.L. No. 1-2015; amended 4-13-2022 by L.L. No. 4-2022]
B.
All lots in Restricted Agricultural Districts shall have a minimum front yard depth of 40 feet, side yard depth of 20 feet and a rear yard depth of 40 feet. No portion of any building or structure shall be located in any front, side or rear yard.
§ 155-12.1 (Reserved) [1]
[1]
Editor's Note: Former § 155-12.1, Technology Development/Office Overlay Zone (TDO), added 2-27-2008 by L.L. No. 1-2008, was repealed 12-2-2020 by L.L. No. 10-2020.
§ 155-13 Neighborhood Shopping Districts NS.
[Amended 5-22-2002 by Ord. No. 2002-5; 12-2-2020 by L.L. No. 10-2020]
A.
Purpose and intent. This zoning classification is intended to permit the development of small-scale commercial, retail and personal service establishments in proximity to residential neighborhoods while at the same time minimizing the potential impact and disruption that such uses near residential neighborhoods could have.
B.
Design principles.
(1)
Applicants seeking permits or site plan approval for new construction and/or renovation within the Neighborhood Shopping District Zone must demonstrate to the satisfaction of the Planning Board that building and site designs are consistent with the design principles which predominate among the existing buildings and structures within the zone and the surrounding area, including residential, and will consider the impact on the character of the immediate and surrounding area, including residential.
(2)
Design principles to be addressed include, but are not limited to, the suitability of design and type of the proposed construction, including mass, height and line to be used in relation to the immediate and surrounding area, including residential.
(3)
Site plan review shall include, but is not limited to, pedestrian access, hours of operation, lot coverage, parking, screening, lighting, noise, ingress/egress, and the overall aesthetics of the proposed development.
C.
Permitted uses. Only the following structures and uses are permitted in Neighborhood Shopping Districts upon the issuance of site plan approval by the Town Planning Board pursuant to Article IV, § 155-28, of this chapter:
(1)
Artisan, maker.
(2)
Day-care facilities.
(3)
Farmer's market.
(4)
Greenhouses.
(5)
Parks and trails.
(6)
Professional offices, including banking, finance, insurance, real estate, legal, medical, dental, and governmental.
(7)
Personal service establishments, including barbershops, nail salons, beauty parlors, shoe repair, appliance repair, laundromats, tattoo and piercing parlors, instructional and tutoring services, personal training/yoga, karate/music studios, and dry cleaners.
(8)
Religious establishments.
(9)
Restaurants, including coffee houses, fast casual, casual and fine dining but not including fast food.
(10)
Retail sales, including grocery stores, pharmacies, department stores, specialty shops and shops for the sale of general merchandise.
D.
Special permit uses. The following structures and uses are permitted upon the issuance of a special use permit by the Town Planning Board pursuant to Article IV, § 157-27, of this chapter:
E.
Regulations.
(1)
Nothing herein set forth shall be deemed to prevent the inclusion of two or more permitted uses in the same building.
(2)
No Neighborhood Shopping District shall exceed 15 acres. All structures shall be further limited to a total maximum of a 10,000-square-foot footprint per acre. Maximum lot coverage shall be limited to 75%. Any structure within a Neighborhood Shopping District shall be set back a minimum of 50 feet from any adjoining property line of property zoned residential or restricted agricultural. A minimum of 30 feet immediately adjoining any such property line shall consist of a landscaped buffer, appropriate to the circumstances, as approved by the Planning Board.
(3)
All service areas within a Neighborhood Shopping District, such as those for the loading and unloading of merchandise, the delivery of food and equipment and the collection and pickup of garbage, shall be located a minimum of 100 feet from any adjoining property line of property zoned residential or restricted agricultural. All service areas shall be screened from sight by appropriate fencing, and such additional steps shall be taken as are necessary to minimize the impact of noise and light on adjoining residential properties.
F.
Signage. All signage shall be in accordance with § 155-25 of the Manlius Town Code subject to the following:
(1)
All signage, including requests for freestanding signs, shall be subject to site plan review by the Planning Board and shall be reviewed by the Planning Board to ensure that signage design is consistent with the design principles which predominate among the existing and proposed buildings within the zone and the surrounding area, including residential, and will not adversely affect the character of the immediate and surrounding area, including residential. Design principles to be addressed include, but are not limited to, the suitability of design and type of proposed sign, including height, line, color and texture of materials to be used in relation to the immediate and surrounding area, including residential.
(2)
Freestanding signs shall not exceed eight feet in width and 7 1/2 feet in height and shall only be permitted after site plan review and recommendation by the Planning Board and upon the granting of an area variance by the Zoning Board of Appeals.
§ 155-14 Regional Shopping Districts RS.
[Amended 3-14-2001 by Ord. No. 5-2001; 5-22-2002 by Ord. No. 2002-5; 12-2-2020 by L.L. No. 10-2020]
A.
Purpose and intent. This zoning classification is intended to encourage the efficient conversion of large-scale retail or commercial space into smaller, stand-alone combinations of retail, service and community uses. Any such redevelopment shall include some uniformity and cohesiveness in the appearance of the buildings.
B.
Design principles.
(1)
Applicants seeking permits or site plan approval for new construction and/or renovation within the Regional Shopping District Zone must demonstrate to the satisfaction of the Planning Board that building and site designs are consistent with the design principles which predominate among the existing buildings and structures within the zone and the surrounding area, including residential, and will consider the impact on the character of the immediate and surrounding area, including residential.
(2)
Design principles to be addressed include, but are not limited to, the suitability of design and type of the proposed construction, including mass, height and line to be used in relation to the immediate and surrounding area, including residential.
(3)
Site plan review shall include, but is not limited to, pedestrian access, lot coverage, parking, screening, lighting, noise, ingress/egress and the overall aesthetics of the proposed development.
C.
Permitted uses. Only the following structures and uses are permitted in Neighborhood Shopping Districts upon the issuance of site plan approval by the Town Planning Board pursuant to Article IV, § 155-28, of this chapter:
(1)
Artisan, maker.
(2)
Day-care facilities.
(3)
Commercial business only, including wholesale establishments, provided they are wholly located in an enclosed building, including preparation of products sold on premises.
(4)
Farmer's market.
(5)
Gathering places, including community centers, religious establishments, public libraries, public/private schools, and parks and trails.
(6)
Greenhouses.
(7)
Light manufacturing.
(8)
Places of entertainment, including arcades, billiard halls, gyms, sports, recreation complexes and theaters.
(9)
Professional offices, including banking, finance, insurance, real estate, legal, medical, dental, and governmental.
(10)
Personal service establishments, including barbershops, nail salons, beauty parlors, shoe repair, appliance repair, laundromats, tattoo and piercing parlors, instructional and tutoring services, personal training/yoga, karate/music studios, and dry cleaners.
(11)
Restaurants, including coffee houses, fast food, fast casual, casual and fine dining.
(12)
Retail sales, including grocery stores, pharmacies, department stores, specialty shops and shops for the sale of general merchandise.
E.
Signage. All signage shall be in accordance with § 155-25 of the Manlius Town Code subject to the following:
(1)
Business signs shall be permitted in the Regional Shopping District for businesses located in the district that are not immediately adjacent to public streets. Said signs shall not exceed 5% of the building face and shall be affixed to the building.
(2)
Business signs permitted by the Town Code and directory signs shall be permitted in the Regional Shopping District for businesses located in the district that are immediately adjacent to public streets. Directory signs may provide building addresses and occupant(s) information and shall be located along the internal drives only and not along the public street. Directory signs shall be of a size adequate to identify building occupants to motorists traveling on the internal drives.
(3)
All signage, including requests for freestanding signs, within the district shall be subject to site plan review by the Planning Board, with the size and design to be reviewed with the Planning Board to ensure compatibility with the architectural theme established for the district.
(4)
Freestanding signs along road frontage shall not exceed 14 feet in width and 19 feet five inches in height and shall only be permitted after site plan review and recommendation by the Planning Board and upon the granting of an area variance by the Zoning Board of Appeals.
§ 155-15 Commercial District A CA.
[Amended 3-10-1993 by Ord. No. 1-1993; 12-13-2000 by Ord. No. 5-2000; 5-22-2002 by Ord. No. 2002-5; 1-25-2017 by L.L. No. 1-2017; 6-26-2017 by L.L. No. 3-2017; 12-2-2020 by L.L. No. 10-2020]
A.
Purpose and intent. This zoning classification is intended to include the commercial, retail and personal service uses permitted in Residential R-3 and Neighborhood Shopping Zones, subject to the same restrictions. Some additional permitted uses are also allowed.
B.
Design principles.
(1)
Architectural design is encouraged to respond to local history, topography and climate, as well as vernacular building practice.
(2)
Site plan review shall include, but not be limited to, pedestrian access, lot coverage, parking, screening, lighting, noise, ingress/egress and the overall aesthetics of the proposed development.
C.
Permitted uses. Only the following structures and uses are permitted in Commercial A Districts upon the issuance of site plan approval by the Town Planning Board pursuant to Article IV, § 155-28, of this chapter:
(1)
Artisan, maker.
(2)
Commercial business only including wholesale establishments, provided they are wholly located in an enclosed building, including preparation of products sold on premises and hotels.
(3)
Congregate-care services, including day-care facilities, homes for elderly adults, convalescent homes, and nursing homes.
(4)
Gathering places, including community centers, religious establishments, public libraries, public/private schools, parks and trails.
(5)
Light manufacturing.
(6)
Outdoor display and storage only including public vehicle parking lot or garage, indoor self-storage facility, farmer's market and greenhouse.
(7)
Places of entertainment, including arcades, billiard halls, gyms, sports, recreation complexes and theaters.
(8)
Professional offices, including banking, finance, insurance, real estate, legal, medical, dental, and governmental.
(9)
Personal service establishments, including barbershops, nail salons, beauty parlors, shoe repair, appliance repair, laundromats, tattoo and piercing parlors, instructional and tutoring services, personal training/yoga, karate/music studios, and dry cleaners.
(10)
Restaurants, including coffee houses, fast food, fast casual, casual and fine dining.
(11)
Retail sales, including grocery stores, pharmacies, department stores, specialty shops and shops for the sale of general merchandise.
D.
Special permit uses. The following structures and uses are permitted upon the issuance of a special use permit by the Town Planning Board pursuant to Article IV, § 157-27, of this chapter:
§ 155-16 Commercial District B CB.
[Amended 12-2-2020 by L.L. No. 10-2020]
A.
Purpose and intent. This zoning classification is intended to include the uses permitted in Commercial District A, subject to the same restrictions, and to add some additional permitted uses.
B.
Design principles.
(1)
Architectural design is encouraged to respond to local history, topography and climate, as well as vernacular building practice.
(2)
Site plan review shall include, but not be limited to, pedestrian access, lot coverage, parking, screening, lighting, noise, ingress/egress and the overall aesthetics of the proposed development.
C.
Permitted uses. Only the following structures and uses are permitted in Commercial B Districts upon the issuance of site plan approval by the Town Planning Board pursuant to Article IV, § 155-28, of this chapter:
(1)
Artisan, maker.
(2)
Commercial business, including wholesale establishments, provided they are wholly located in an enclosed building, including preparation of products sold on premises, warehouses and hotels.
(3)
Congregate-care services, including day-care facilities, homes for elderly adults, convalescent homes, and nursing homes.
(4)
Gathering places, including community centers, religious establishments, public libraries, public/private schools, parks and trails.
(5)
Light manufacturing.
(6)
Outdoor display and storage, including public vehicle parking lot or garage, indoor and outdoor self-storage facility, commercial storage or warehouse, farmer's market, lumberyard and greenhouse.
(7)
Places of entertainment, including arcades, billiard halls, gyms, sports, recreation complexes and theaters.
(8)
Professional offices, including banking, finance, insurance, real estate, legal, medical, dental, and governmental.
(9)
Personal service establishments, including barbershops, nail salons, beauty parlors, shoe repair, appliance repair, laundromats, tattoo and piercing parlors, instructional and tutoring services, personal training/yoga, karate/music studios, and dry cleaners.
(10)
Restaurants, including coffee houses, fast food, fast casual, casual and fine dining.
(11)
Retail sales, including grocery stores, pharmacies, department stores, specialty shops and shops for the sale of general merchandise.
(12)
Vehicle businesses which include vehicle dealerships, outdoor storage of vehicles, used vehicle sales, vehicle repair, and recreational vehicle sales.
D.
Special permit uses. The following structures and uses are permitted upon the issuance of a special use permit by the Town Planning Board pursuant to Article IV, § 157-27, of this chapter:
E.
Regulations.
(1)
Nothing herein set forth shall be deemed to prevent the inclusion of two or more permitted uses in the same building.
(2)
Drive-through is permitted as an accessory use or structure in connection with a bank, restaurant or other primary use permitted in this section.
(3)
For vehicle businesses, parking lots and drive-in retail fuel stations:
(a)
Pumps must be set at least 100 feet from the public street line or right-of-way line.
(b)
If property is next to a residence, church, school or hospital or any other uses permitted in Residential Districts R-3, it shall have a screen or fencing of evergreens on the side next to such residences and parcels.
(c)
No pumps shall be nearer than 100 feet from the side or rear property lines.
(d)
No outdoor storage of broken-down cars or parts of cars shall be permitted.
(e)
Grease pits must be inside a building.
§ 155-17 Industrial Districts ID.
[Amended 5-23-2001 by Ord. No. 7-2001; 5-22-2002 by Ord. No. 2002-5; 8-9-2006 by L.L. No. 7-2006; 12-2-2020 by L.L. No. 10-2020]
A.
Purpose and intent. This zoning classification is intended to include most of the uses permitted in Commercial District B, subject to some additional restrictions, and to add some additional permitted uses.
B.
Design principles.
(1)
Architectural design is encouraged to respond to local history, topography and climate, as well as vernacular building practice.
(2)
Site plan review shall include, but not be limited to, pedestrian access, lot coverage, parking, screening, lighting, noise, ingress/egress and the overall aesthetics of the proposed development.
C.
Permitted uses. Only the following structures and uses are permitted in Industrial Districts upon the issuance of site plan approval by the Town Planning Board pursuant to Article IV, § 155-28, of this chapter:
(1)
Artisan, maker.
(2)
Commercial business, including wholesale establishments, provided they are wholly located in an enclosed building, including preparation of products sold on premises, warehouses, landing fields, pet-care services, hotels and fuel stations.
(3)
Gathering places, including community centers, religious establishments, public libraries, public/private schools, parks and trails.
(4)
Light manufacturing.
(5)
Outdoor display and storage, including public vehicle parking lot or garage, indoor and outdoor self-storage facility, commercial storage or warehouse, farmer's market, lumberyard and greenhouse.
(6)
Places of entertainment, including arcades, billiard halls, gyms, sports, recreation and theaters.
(7)
Professional offices, including banking, finance, insurance, real estate, legal, medical, dental, and governmental.
(8)
Personal service establishments, including barbershops, nail salons, beauty parlors, shoe repair, appliance repair, laundromats, tattoo and piercing parlors, instructional and tutoring services, personal training/yoga, karate/music studios, and dry cleaners.
(9)
Restaurants, including coffee houses, fast food, fast casual, casual and fine dining.
(10)
Retail sales, including grocery stores, pharmacies, department stores, specialty shops and shops for the sale of general merchandise.
(11)
Vehicle businesses which include vehicle dealerships, outdoor storage of vehicles, used vehicle sales, vehicle repair, and recreational vehicle sales.
D.
Special permit uses. The following structures and uses are permitted upon the issuance of a special use permit by the Town Planning Board pursuant to Article IV, § 157-27, of this chapter:
(1)
Public utility structures necessary for the servicing of the area or for general Town use shall be permitted in the Industrial Zone, but excluding radio, microwave, television, radar, satellite, aerial tracking or other similar forms of energy transmission towers or facilities.
(2)
Junkyards.
(3)
Heavy manufacturing.
E.
Regulations.
(1)
Nothing herein set forth shall be deemed to prevent the inclusion of two or more permitted uses in the same building.
(2)
Drive-through is permitted as an accessory use or structure in connection with a bank, restaurant or other primary use permitted in this section.
(3)
For each of the following uses or structures established in an Industrial District, the owner shall acknowledge, in writing, to the Department of Planning and Development that owner is aware that the use or structure will be located in an Industrial District and the use or structure so established may be incompatible with other uses and structures permitted in an Industrial District:
(a)
Gathering places, including community centers, religious establishments, public libraries, public/private schools, parks and trails.
(b)
Hotels.
(c)
Professional offices, including banking, finance, insurance, real estate, legal, medical, dental, and governmental.
(d)
Personal service establishments, including barbershops, nail salons, beauty parlors, shoe repair, appliance repair, laundromats, tattoo and piercing parlors, instructional and tutoring services, personal training/yoga, karate/music studios, and dry cleaners.
§ 155-18 Airport Flight Hazard Area Districts AFDAH.
The following regulations shall apply in all Airport Flight Hazard Area Districts:
A.
Overlapping or combined districts. An Airport Flight Hazard Area District may overlap or be combined with other use districts of the Town of Manlius. In the event that such Airport Flight Hazard District overlaps or is combined with lands of other use districts of the Town of Manlius, both the provisions of such other use district and of Airport Flight Hazard Area District shall apply to such land and airspace; provided, however, that notwithstanding the regulations contained in any part of this chapter, no exception to the height limit shall be permitted in any use district with which is combined such Airport Flight Hazard Area District, except to the extent that the height limit specified in such Airport Flight Hazard Area District exceeds the height limit specified in the other use district.
B.
Height limitation. No structure, building, tower, pole, wire, tree or other thing or portion thereof shall be erected, created, established or used within an Airport Flight Area Hazard District which shall exceed 150 feet in height from ground level.
C.
That area of the Town of Manlius which lies within the boundaries of Farm Lots Nos. 6, 13, 14, 15, 16, 24, 25 and 26 north of the Kirkville Road in the Town of Manlius is hereby designated as an Airport Flight Hazard Area District.[1]
[1]
Editor's Note: For additional information, consult the office of the Town Clerk.
§ 155-19 Natural Resource Removal District (NRRD); permit, hearing; fees.
The following uses shall be permitted in the Natural Resource Removal District, and the following regulations shall apply to all such districts:
A.
A Natural Resource Removal District may overlap or be combined with other use districts of the Town of Manlius. In the event that such Natural Resource Removal District overlaps or is combined with lands of other use districts of the Town of Manlius, both the provisions of such other use district and of the Natural Resource Removal District shall apply to such land, except to the extent that such provisions prohibit the uses allowed herein.
B.
The following uses, subject to the requirements and conditions herein, shall be permitted in a Natural Resource Removal District: quarrying, excavation and removal of topsoil, sand, gravel and other earthen materials.
C.
Before any excavation or the removal of trees, rock or topsoil for any purpose other than those excepted under the subsequent provisions of this section, the owner, tenant, lessee, agent, user or developer of any premises, subject to the provisions of this section, must obtain a written permit from the Town Board and an engineering opinion, as described below. The Town Board may, in its discretion upon good cause, waive the requirement of an engineering opinion.
(1)
Engineering opinion.
(a)
The owner, tenant, lessee, agent, user or developer of said subject premises shall first obtain a written opinion from a licensed professional engineer to be designated by the Town Board to carry out the provisions of these requirements. In order to obtain such opinion, an applicant shall provide the aforesaid engineer with an application which shall be on a form prescribed by the Town Board and shall also furnish the following detailed information and materials, together with such other information as the engineer designated by the Town Board shall deem necessary or desirable for the purpose of complying with the spirit and intent of this section.
(b)
The application shall include:
[1]
A detailed statement of the nature and extent of the work proposed to be done, including the number of acres to be affected thereby, the kinds and quantities of all materials proposed to be removed, the structures to be erected, if any, the manner in which it is proposed to do the work and the period of time required to complete such work, including restoration and rehabilitation of excavations and other depressions in the earth caused by excavation operations and all other types of removal operations.
[2]
A topographic map of a survey, certified by a surveyor duly licensed by the State of New York, showing the elevations of the property at intervals to be determined by the engineer, such intervals to be appropriate to the size and complexity of the project and in no event more than five feet of height as such elevations assessed at the time of the application and as proposed to be altered. Such map shall be drawn to a scale determined by the engineer and appropriate to the size and complexity of the project and shall show the elevations of all property within 50 feet of the perimeter of the property which is the subject of the application and of all streets adjoining said property, or, if there are no adjoining street or streets, the means by which access is to be gained to the property and the location, elevation and the name of the nearest street or streets. It shall also show the location, size and use of existing buildings and all zoning classifications of all property shown upon such map. Such map may be submitted in sections showing the stages in which the work is proposed to be done, if that is proposed and, in such case, shall show the length of time necessary to accomplish each stage, including building restoration and rehabilitation of the property.
[3]
A written consent duly acknowledged by the owner, mortgagee and all other persons having an interest in the premises showing their names and residence addresses.
[4]
A list of all landowners within 500 feet of the boundary of the property.
(2)
Procedure on receipt of permit application.
(a)
Not more than 40 days after receipt of an application and the information for an engineering opinion required under this section, the engineer designated by the Town Board shall transmit the same to the Town Board, together with a report containing recommendations or statements pertinent thereto. If the engineer has found the application to meet the requirements in this section, the engineer shall so certify.
(b)
Upon the issuance of an engineering opinion, the entire application and all pertinent documentation shall be submitted to the Town Board for its review.
(c)
No permit shall be issued by the Town Board until it has made all of the following affirmative findings, which need not be based only upon information provided by the engineer designated by the Town Board but may also be based upon other information or knowledge obtained by the Town Board or its members and after a public hearing held in conformity with the requirements of a public hearing for a special use permit:
[1]
The proposed operations will not unreasonably interfere with the surface water drainage plan of the area nor endanger any street, road or highway.
[2]
The circumstances of the location and the terrain are reasonably adapted to rehabilitation to the end that the premises will not become desert or wasteland or cause soil erosion following completion of the operations.
[3]
The circumstances of the location and the terrain are such that conditions and safeguards may feasibly be imposed to assure that the premises will not constitute an attractive nuisance or threat to the safety of children.
[4]
The use will not cause undue traffic hazards.
[5]
The use will not cause undue vibration, noise, windblown dust, sand or flying rock.
[6]
The use will not unreasonably affect the established character of the neighborhood or depress the value of neighboring lands generally in the area.
[7]
The time when such area shall be filled in if need be and restored and the method to be used therein.
[8]
The use is appropriate for the particular lot or location.
[9]
The use is not inconsistent with the orderly development of the lands and area for which the use is proposed.
[10]
The use is adequately buffered from adjoining lands not owned by the applicant.
[11]
The use will not create a hazard to health, safety or public welfare.
[12]
That upon the information available, the use will not result in damage to underground water supplies for adjoining properties and will not adversely affect public utilities, easements and the like.
(3)
No permit shall be issued hereunder except by the Town Board after authorization and investigation as hereinbefore provided. All such permits shall be issued subject to the following terms and conditions and such others as the Town Board may deem necessary for the purposes of protecting the public health, safety and welfare, promoting the most advantageous use of property in the Town, preventing loss of value of the premises subject to such permit and other property in the vicinity thereof:
(a)
Regardless of when such permit be granted, it shall be for a period of three years from the next succeeding December 31 of the calendar year during which it is issued, except that if the Town Board is satisfied that the permittee is in compliance with the terms and conditions of the original permit, said permit shall be renewed for two additional three-year periods. Such renewal shall be upon application and after review by the Town Board. Resource recovery must be continuous during all permit periods.
(c)
No such excavation in a Natural Resource Removal District shall be made:
[1]
Without making provision for an adequate slope on the side walls of the excavation, such adequacy to be determined in the engineering opinion with due consideration being given to the type of material to be excavated.
[2]
Unless provisions acceptable to the engineer, designated by the Town Board, shall be made to eliminate or reduce, insofar as possible, the hazard and nuisance of dust and other matter being carried by the wind or surface drainage waters from the premises for which a permit has been issued onto either the premises of others adjacent immediately thereto or onto any other road, street, highway or stream of water.
[3]
Unless adequate barricades shall be erected along or within the property line of the premises for which such permit is issued, and in residential zones there shall be a fence which shall receive the approval of the engineer, designated by the Town Board.
[4]
The engineer, designated by the Town Board, may require that the applicant, its successor or assigns be required to use chemicals or other materials to prevent nuisance by the flying dust, sand, gravel or other particles due to wind or surface water action and may require a depth limitation on excavation.
(d)
Exceptions. The following operations and uses are hereby excepted from the application of the district regulations:
[1]
The excavation or removal of sand, gravel, stone or other minerals or materials or the removal of trees and topsoil from premises owned by or leased to the State of New York, the County of Onondaga and the Town of Manlius or any other political subdivision of the State of New York.
[2]
The excavation or removal of sand, gravel, stone, trees or other minerals or materials incident to highway, sidewalk or driveway construction upon the same premises.
[3]
The moving of trees, topsoil or other earth, sand or gravel from one part to another of the same premises as an incident to construction of a building, farming or landscaping.
[4]
The removal of trees, excess topsoil or other earth or sand, gravel or other materials from the area of a subdivision plot subject to the jurisdiction of the Planning Board.
[5]
The removal of trees, topsoil or other earth incident to the business of operating a nursery, farm or sod farm.
(e)
The provisions of this section shall not set forth requirements in lieu of the requirements of applicable provisions of the New York State law.
(f)
Any violation by the permittee, after due notice and opportunity to correct such violation, shall result in the Town Board causing a public hearing to be held on the question of the revocation of the permit for the failure to correct such violation. Such hearing shall be held after due notice and shall provide all interested parties with notice and appropriate information and evidence on the question of revocation and/or remedial action to be taken. After the hearing and after consideration of all evidence, the Town Board may permit additional time to remedy the violation, revoke the permit or take such action as may be permitted by law.
§ 155-20 Residential Multiple-Use Districts R-M.
[Amended 11-9-2011 by L.L. No. 2-2011; 5-23-2012 by L.L. No. 2-2012; 9-28-2022 by L.L. No. 9-2022]
A.
Purpose and intent. This district is designed to retain the existing residential character of established neighborhoods while permitting unobtrusive uses of a commercial nature which are to be regulated in such a manner as to maintain and preserve the residential character of adjacent areas as well as to provide a transition between residential areas and nonresidential areas. It is also the general purpose and intent of this zoning classification to encourage the preservation of historical structures and the repurposing of existing structures while also encouraging mixed-use opportunities in the RM Zone that will promote walkability, reuse and repurposing of existing structures in the RM Zone.
[Amended 2-8-2023 by L.L. No. 1-2023]
B.
The following uses shall be permitted in a Residential Multiple-Use District R-M, provided that no major alterations in the exterior appearance of existing buildings shall be allowed, except in conformity with Subsection H hereof:
(1)
Any use permitted in a Residential District R-1 and subject to the same restrictions.
(2)
Uses as set forth below and other uses of a substantially similar kind, upon approval of a combined site plan and accessory use permit (requiring the fee for site plan only) pursuant to Article IV, §§ 155-28 and 155-29, provided that such uses, or mixed uses, are confined to buildings existing on the effective date of this amendment:
(3)
Uses as set forth below and other uses of a substantially similar kind, upon approval of a combined site plan and special permit (requiring the fee for site plan only) pursuant to Article IV, §§ 155-27 and 155-28, provided that such uses, or mixed uses, are confined to buildings existing on the effective date of this amendment:
C.
Uses involving drive-throughs are expressly excluded from the Residential Multiple-Use District R-M.
D.
Area and dimensional requirements. All buildings, structures or uses properly permitted at the time this amendment is effective shall be deemed legal nonconforming structures and uses as set forth in Article V of this chapter. All buildings or structures hereafter erected or structurally altered shall meet the following area and dimensional requirements:
(1)
The front yard shall have a minimum depth of 40 feet, side yards of 20 feet and rear yard depth of 40 feet. No portion of any building shall be located on any front, side or rear yard.
(2)
The minimum road frontage requirement is 150 feet, and the minimum lot size is 40,000 square feet.
(3)
Public sanitary sewer service is required.
(4)
For vacant lots with less than 150 feet in frontage on the effective date of this amendment, the twenty-foot minimum required for each side yard shall be reduced one foot for each 10 feet by which the lot fails to meet the minimum frontage requirement. No side yard shall be less than 10 feet.
E.
Maximum lot coverage. For the purposes of this district, lot coverage shall include the service area of a lot used for parking or access to parking, such as driveways or aisles, sidewalks as well as buildings and structures. The maximum permitted coverage on a lot used as a single-family dwelling shall be 30%. For all other permitted uses, the maximum permitted coverage shall be 50%.
F.
Parking. All uses permitted herein upon receipt of a combined site plan and accessory use permit shall provide parking spaces in accordance with § 155-31, except apartments, which require two parking spaces for each apartment. Except for all legal nonconforming uses existing at the time this amendment is effective, parking shall be prohibited in the front yard.
G.
The Town Planning Board, when reviewing an application for a combined site plan and accessory use permit or site plan and special permit approval in a Residential Multiple-Use District R-M, may permit signs in accordance with § 155-25 of this chapter.
H.
All structures built subsequent to the effective date of this amendment and any major alterations in the exterior appearance of structures already in existence on the effective date of this amendment shall be subject to site plan review by the Town of Manlius Planning Board and shall be of a design and style that is compatible with the style and type of structures in the neighborhood. It is the intention of the Town Board to allow the uses set forth in § 155-20B for new structures or buildings built in the RM zone with the same restrictions set forth therein.
[Amended 2-8-2023 by L.L. No. 1-2023]
I.
Except for any legal nonconforming uses or buildings existing on the effective date of this amendment, no more than two permitted uses, as set forth in § 155-20B(2) of this chapter, shall be allowed to occupy any structure or building of 1,000 square feet or less. In any structure or building of more than 1,000 square feet, the Planning Board is hereby authorized to grant permission to approve more than two allowed uses upon the granting of a combined site plan and accessory use permit for each additional new or different use proposed. It is the intention of the Town Board to require a combined accessory use and site plan permit approval for any new business, even if it is similar to the business it is replacing. In granting or denying such combined site plan and accessory use approval, the Planning Board shall first consider the purpose and intent, as set forth in § 155-20A of this chapter, and then determine and find the following:
(1)
Whether multiple businesses will change the character of the area.
(2)
Intensity of use for each additional business in a structure or building will not adversely affect the operation of other businesses in the structure or building.
(3)
Whether one freestanding sign with multiple tenants displayed will adversely affect aesthetics or cause confusion to the public.
(4)
Whether the location and capacity for parking will accommodate any new or different use.
(5)
Whether the new or additional use will adversely affect ingress and egress.
§ 155-20.1 Residential Transitional District (RT).
[Added 8-13-2014 by L.L. No. 2-2014]
A.
This district is designed to encourage continuance of the existing residential character of structures and dwellings in and nearby established neighborhoods and for reasons described hereinafter, within one formerly R-M zoned area in the Town (described at Exhibit "A")[1] permitting only upon special use permit review, certain unobtrusive smaller scale uses of a commercial nature and which are to be regulated in such a manner and to as best as possible maintain and preserve the predominantly residential appearance and character of this and nearby areas as well as to provide a transition between wholly residential and nonresidential areas. It is also the general purpose and intent of this zoning classification to encourage the preservation of historical structures.
[1]
Editor's Note: A copy of Exhibit A is on file in the Town offices.
B.
The following uses shall be permitted in a Residential Transitional (RT) District, provided that no major alterations in the exterior appearance of existing buildings shall be allowed, except in conformity with Subsection H hereof:
(1)
Any use permitted in a Residential District R-1 and subject to the same restrictions. In the event that the property owner chooses to use the R-1 as a basis for uses and restrictions, the additional uses and restrictions set forth below shall only be allowed upon a finding by the Planning Board that such uses are compatible with a residential use and after the accessory use process, as set forth in Article IV, § 155-29, of this chapter.
(2)
Uses as set forth below and other uses of a substantially similar kind, upon approval of a combined site plan and accessory use permit (requiring the fee for site plan only) pursuant to Article IV, §§ 155-28 and 155-29, provided that such uses are confined to buildings existing on the effective date of this amendment:
(a)
Offices of religious and educational institutions.
(b)
Offices of physicians, surgeons, dentists, lawyers, architects, engineers, planners, real estate agents, public stenographers, mailing service without presses, telephone answering services.
(c)
Funeral homes.
(d)
Day-care center.
(e)
Care home.
(f)
Teaching of music, dance or other similar types of instruction when limited to five pupils at a time.
(g)
Bed-and-breakfast accommodations.
(h)
Dressmaker and/or tailoring.
(i)
Decorator.
(j)
Photographer.
(k)
Art studio.
(l)
Apartment(s) for residential use.
(m)
The sale of farm products (either in original form or processed into a product, excluding livestock), including cannabis, which the Code Enforcement Officer is authorized to approve with an operating permit pursuant to Chapter 59 of the Town Code if there are no permanent alterations to the exterior of existing building(s) and such retail sales will be for less than 30 consecutive days. All sales of farm products under an operating permit shall follow all signage requirements under § 155-26. Under no circumstances shall more than three operating permits be issued for a specific site in any calendar year.
[Added 11-15-2023 by L.L. No. 13-2023]
(3)
Uses as set forth below and other uses of a substantially similar kind, upon approval of a combined site plan and special use permit pursuant to Article IV, §§ 155-27 and 155-28, provided that such uses are confined to buildings existing on the effective date of this amendment:
[Added 4-24-2024 by L.L. No. 3-2024]
(a)
Retail sales, including grocery stores, pharmacies, department stores, specialty shops and shops for the sale of general merchandise, including cannabis retail dispensaries.
D.
Area and dimensional requirements. All buildings, structures or uses properly permitted at the time this amendment is effective shall be deemed legal nonconforming structures and uses as set forth in Article V of this Chapter. All buildings or structures hereafter erected or structurally altered shall meet the following area and dimensional requirements:
(1)
The front yard shall have a minimum depth of 40 feet, side yards of 20 feet and rear yard depth of 40 feet. No portion of any building shall be located on any front, side or rear yard.
(2)
The minimum road frontage requirement is 150 feet, and the minimum lot size is 40,000 square feet. Public sanitary sewer service is required.
(3)
For vacant lots with less than 150 feet in frontage on the effective date of this amendment, the twenty-foot minimum required for each side yard shall be reduced one foot for each 10 feet by which the lot fails to meet the minimum frontage requirement. No side yard shall be less than 10 feet.
E.
Maximum lot coverage. For the purposes of this district, lot coverage shall include the service area of a lot used for parking or access to parking, such as driveways or aisles, as well as buildings and structures. The maximum permitted coverage on a lot used as a single-family dwelling shall be 30%. For all other permitted uses, the maximum permitted coverage shall be 35%.
F.
Parking. All uses permitted herein upon receipt of a combined site plan and accessory use permit shall provide a minimum of one parking space for every 200 square feet of floor area for all uses except apartments, which require two parking spaces for every bedroom of an apartment. The Town Planning Board may require additional parking spaces whenever, in its judgment, additional spaces are warranted for the comfort, convenience, safety, health or welfare of the community. Except for all legal nonconforming uses existing at the time this amendment is effective, parking shall be prohibited in the front yard.
G.
Signage. The Town Planning Board, when reviewing an application for a combined site plan and accessory use permit approval in a Residential Transitional (RT) District, may permit one sign, attached to the structure, having a maximum area of eight square feet. No other signs are permitted, excepting those permitted in § 155-25 of this chapter.
H.
All structures built subsequent to the effective date of this § 155-20.1 and any major alterations in the exterior appearance of structures already in existence on the effective date of this amendment shall be subject to site plan review by the Town of Manlius Planning Board and shall be of a design and style that replicates a traditional single-family home in its exterior appearance and shall be compatible with the style and type of structures in the neighborhood.
I.
Except for any legal nonconforming uses or buildings existing on the effective date of this amendment, no more than two permitted uses, as set forth in § 155-20.1B(2) of this chapter, shall be allowed to occupy any structure or building of 1,000 square feet or less. In any structure or building of more than 1,000 square feet, the Planning Board is hereby authorized to grant permission to approve more than two allowed uses upon the granting of a combined site plan and accessory use permit for each additional new or different use proposed. It is the intention of the Town Board to require a combined accessory use and site plan permit approval for any new business, even if it is similar to the business it is replacing. In granting or denying such combined site plan and accessory use approval, the Planning Board shall first consider the purpose and intent, as set forth in § 155-20.1A of this chapter, and then determine and find the following:
(1)
Whether multiple businesses will change the character of the residential nature of the area;
(2)
Intensity of use for each additional business in a structure or building will not adversely affect the operation of other businesses in the structure or building;
(3)
Whether one freestanding sign with multiple tenants displayed will adversely affect aesthetics or cause confusion to the public;
(4)
Whether the location and capacity for parking will accommodate any new or different use;
(5)
Whether the new or additional use will adversely affect ingress and egress;
§ 155-20.2 Planned unit development.
[Added 4-26-2023 by L.L. No. 6-2023]
A.
Legislative intent. A planned unit development ("PUD") provides flexibility and encourages a variety of land uses and innovative design techniques that otherwise would be restricted by standard use and area regulations contained within the Town of Manlius Zoning Law. A PUD may be placed in the R-5, CA, CB, RM and Industrial Districts at the discretion of the Town Board and pursuant to this § 155-20.2.
B.
Legislative purpose. The Town of Manlius, Onondaga County, New York hereby finds and determines that:
(1)
When coordinated with the Comprehensive Plan, a PUD can be an effective tool to encourage development in ways that support the community goals and priorities outlined in the Town of Manlius Comprehensive Plan and its Zoning Code.
(2)
This section provides a process to allow for the approval of a beneficial development plan that would not otherwise be possible due to existing zoning laws that regulate permissible uses and bulk requirements. A PUD provides flexibility in the regulation of land use development in order to:
(a)
Encourage innovation in land use variety and design, in the layout and type of new structures and in their integration with existing structures;
(b)
Enhance efficiency in the use of land, natural resources, energy, community services and utilities;
(c)
Encourage open space preservation and protection of natural resources, historic sites and structures;
(d)
Facilitate the construction of multiunit housing and improved residential environments;
(e)
Enhance the Town's ability to promote business and employment opportunities;
(f)
Preserve the safety and efficiency of the state, county and Town transportation system within the Town of Manlius;
(g)
Provide for logical and orderly extensions of water, sewer and utility infrastructure; and
(h)
Provide for a unified and logical pattern of development to land areas determined to be appropriate for growth as outlined in the Town of Manlius Comprehensive Plan.
(i)
Develop land that has unique characteristics, including water bodies, steeper slopes, topographic challenges, connectability to population centers and/or commercial areas, and authorize growth to meet goals and policies of the Town of Manlius.
C.
Authority. In addition to any other powers and authority to plan and regulate by zoning, the Town of Manlius hereby enacts requirements for the review of applications to establish a planned unit development district and the establishment and simultaneous mapping of planned unit development districts pursuant to the provisions of this § 155-20.2.
§ 155-20.3 Definitions.
[Added 4-26-2023 by L.L. No. 6-2023]
As used in this article, the following terms shall have the meanings indicated:
A proposal for a PUD prepared in a manner prescribed by local regulation showing general layout of the proposed project. The plan will establish the allowable uses and design guidelines within the PUD. The district plan will establish bulk requirements for the district, including lot sizes, setbacks, height limits, buffers, screening, open space areas, lighting, signage, landscaping, parking and loading, traffic circulation, protection of natural resources, public or private amenities and such other elements as may be required by local regulation.
The approval with conditions, if any, of the proposed PUD and the simultaneous amendment of the local zoning law or ordinance by the legislative body to create and map a planned unit development district within a land area designated by the Town Board.
A site upon which residential, commercial, industrial or other land uses or any combination thereof may be authorized in a flexible manner so as to achieve the goals of the Town Comprehensive Plan and the Town Zoning Code.
The location where a district plan has been approved by the Town Board.
A plan prepared pursuant to § 155-28 of the Town of Manlius Zoning Law showing information as is required by local law or regulations.
The signing of a final plan by a duly authorized member of the Town Planning Board pursuant to a resolution granting final approval to the plan or after conditions, if any, specified in said resolution granting conditional approval of the plan are completed. Such final approval qualifies the plan for filing in the office of the Town Clerk as provided herein. Final approval shall be decided by the Town Planning Board.
§ 155-20.4 Overview of process.
[Added 4-26-2023 by L.L. No. 6-2023]
A.
An applicant that seeks to establish a PUD district plan in the Town must submit a PUD district plan application to the Town Board. Only persons who can demonstrate legal control over the parcel(s) covered by the proposed PUD district, or their authorized representative(s), may file a PUD district application. A contract vendee for a parcel or parcels of land may be considered to have sufficient legal control for purposes of submitting a PUD district plan application.
C.
After a PUD district plan has been adopted by the Town Board, the applicant must obtain PUD site plan approval for the project from the Town Planning Board.
D.
No permit for the erection of a building or structure or development of the site may be granted until after all necessary approvals under this section have been issued.
E.
The applicant for a PUD district shall pay, and the Town shall be entitled to receive, reimbursement for expenses associated with the review of any application submitted pursuant to this section.
§ 155-20.5 Planned unit development district plan application requirements.
[Added 4-26-2023 by L.L. No. 6-2023]
The following must be submitted as part of an application to establish a PUD district plan:
A.
PUD district plan description. The application must include a description of the proposed PUD district plan requirements, including the types of land uses, bulk requirements, parking requirements, the regulations of signage, as well as provisions, if any, relating to cluster development, incentives, bonuses, open space, design guidelines and the preservation of historic resources.
B.
PUD district plan map. The applicant must provide a map of the PUD district plan identifying the location of permissible land uses, roads, sidewalks, drainage, landscaped areas, parking, utilities and the total acreage of the proposed PUD district. In no instance shall a PUD district be bisected by a state highway or county highway. However, an area that includes land divided by internal private roads or roads intended to be dedicated to the Town may be considered to be contiguous for the purpose of complying with this requirement.
C.
Phasing plan. The application must include a schedule describing all phases for the completion of buildings, public and private facilities and site improvements for the full build-out of the development and shall clearly indicate all aspects of the phasing of the entire development.
D.
Application timeline. The PUD district plan must include a timeline providing deadlines to apply for PUD site plan approval and building permits. Failure to meet the deadlines set forth in the PUD district plan may result in the automatic revocation of the PUD district plan approval, unless extended by the Town Board.
E.
Real property rights. The application must include a draft of all covenants, easements and rights-of-way relating to the site development and/or homeownership, homeowners' associations and any lands dedicated to public use within the PUD district plan.
F.
Environmental review. The Town Board must comply with the New York State Environmental Quality Review Act (SEQRA)[1] when considering an application for a PUD district plan. The applicant must provide a completed Part 1 of the Full Environmental Assessment Form. In addition, the applicant will be required to provide the Town with any information deemed necessary by the Town in order to evaluate the potential environmental impacts of a proposed development.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
G.
Escrow. The Town Board may require that the applicant place into escrow at the time of submission of the application sufficient funds to pay for the Town's use of legal and engineering professionals to evaluate the application.
§ 155-20.6 Procedure.
[Added 4-26-2023 by L.L. No. 6-2023]
The Manlius Town Board may approve a proposed PUD district plan after receiving comments and recommendations from the Town of Manlius Planning Board. The following procedural steps shall be required prior to approval:
A.
Preapplication conference. Before submission of an application for approval of a PUD district plan, the applicant is encouraged to contact the Code Enforcement Officer to arrange for a meeting with representatives of the Town in order to obtain feedback on the application prior to formal submittal.
B.
Referrals. Upon the receipt of a complete PUD district plan application, the Town Board shall review it and refer it to the Town Planning Board and the County Planning Board for comment.
C.
Public hearing(s). The Town Board shall be required to conduct one or more public hearing(s) prior to adopting a PUD district plan. Notice of each public hearing shall be published in a newspaper of general circulation at least 10 calendar days in advance of the hearing. The application shall be made available for public review at least 10 calendar days prior to said public hearing at the office of the Town Clerk.
D.
Review and comment. The Town Planning Board must provide comments to the Town Board no later than 60 days after having the application referred to them. If the Planning Board fails to provide comments prior to the deadline, the Town Board may proceed without receiving comments from the Planning Board.
E.
Town Board action. Following completion of the referral and comment process, at least one public hearing and satisfaction of the Town Board's obligations pursuant to SEQRA, the Town Board may vote to approve or deny the PUD district plan application. In the event that the application is approved, the Town Board must also adopt a local law to amend the Town Code to include the district plan and to amend the Zoning Map.
§ 155-20.7 PUD District plan review criteria.
[Added 4-26-2023 by L.L. No. 6-2023]
The Town Board shall weigh the following factors when considering whether to approve an application to create a PUD district plan:
A.
Whether the proposed plan will result in the efficient use of land, natural resources, energy sustainability, community services, infrastructure and utilities.
B.
Whether the proposed plan is consistent with the Comprehensive Plan and the orderly development of the Town.
C.
Whether the proposed plan will substantially negatively impact natural resources, the environment or historic resources.
D.
Whether the proposed plan will result in new employment opportunities for Town residents and investment in the community in the form of economic development.
E.
Whether the proposed plan will improve the availability of affordable housing in the Town.
F.
Whether the proposed plan will have a substantial negative impact on existing residential uses of land in the Town in terms of, but not limited to, traffic, noise, dust, odors, glare, threats to human health or other nuisances.
G.
Whether the proposed plan has adequately addressed issues related to the provision of sewer, water, drainage, electricity, parking, public safety, fire safety and other infrastructure issues.
H.
Whether the proposed plan will result in the loss of prime farmland or will interfere with existing farm businesses.
I.
Whether the proposed plan is consistent with the existing character of the neighborhood.
§ 155-20.8 Adopted district plans.
[Added 12-6-2023 by L.L. No. 12-2023]
A.
Twin Ponds. The Twin Ponds District Plan is hereby adopted pursuant to the district plan and District Plan Map approved by the Town Board on November 1, 2023, and appended to this chapter as Schedule 1, “Planned Unit Development District Plans."[1]
[1]
Editor's Note: The District Plan Map is on file in the Town offices.
B.
Garden Park. The Garden Park Senior Apartment District Plan is hereby adopted pursuant to the district plan and District Plan Map approved by the Town Board on December 6, 2023, and appended to this chapter as Schedule 1, “Planned Unit Development District Plans."
[Added 12-6-2023 by L.L. No. 14-2023]