A.Â
Word usage. For the purpose of this chapter, certain
terms or words herein shall be interpreted as follows: Words in the
present tense shall imply also the future tense. The singular includes
the plural. The word "person" includes a corporation as well as an
individual. The word "lot" includes the word "plot" or "parcel." The
words "shall" and "must" are always mandatory. The word "used" or
"occupied" as applied to any land or building shall be construed to
include the words "intended, arranged or designed to be used or occupied."
B.Â
ADMINISTRATIVE OFFICE
ALTERATIONS
ALTERNATE TOWER STRUCTURE
ANTENNA
AREA, SITE
AREA, STRUCTURE
BEDROOM
BUSINESS, LIMITED
CELLAR
CHURCH
CLUB, MEMBERSHIP
CLUSTER UNIT
COMMERCIAL RESIDENCE
CONDOMINIUM
CONVERSION
COVERAGE, LOT
DAY-CARE CENTER
DEVELOPED OPEN SPACE
DRIVE-IN SERVICE
DRIVEWAY
DUMP
DWELLING
DWELLING, MULTIPLE-FAMILY
DWELLING, ONE-FAMILY
DWELLING TOWNHOUSE
DWELLING, TWO-FAMILY
DWELLING UNIT
EXEMPT ANTENNA OR TOWER
FAMILY
FLOOR AREA OF DWELLING
FUNERAL HOME
GARAGE, PRIVATE
GASOLINE SERVICE FACILITIES
GROUP RESIDENCE
HEIGHT
HOME OCCUPATION
HOSPITAL
HOTEL
LINE, STREET
LOT
LOT, CORNER
LOT, DEPTH OF
LOT LINES
LOT, WIDTH OF
MOTEL
NURSING/CONVALESCENT HOME
PARKING SPACE
PERSONAL WIRELESS SERVICES (PWS)
PORCH
PREMISES
RESTAURANT
RETAIL BUSINESS
REVIEWING BOARD
SIGN
SIGN, ADVERTISING
STORAGE SHED
STORY
STREET
STRUCTURE
STRUCTURE, ACCESSORY
STRUCTURE, FRONT LINE OF
STRUCTURE, HEIGHT OF
STRUCTURE, PRINCIPAL
STRUCTURE, SECONDARY
SUBDIVISION
TELECOMMUNICATIONS
TELECOMMUNICATIONS INFRASTRUCTURE (ACCESSORY STRUCTURES)
TERRACE
THEATER
TOWER
USE, ACCESSORY
USE, PRINCIPAL
YARD, FRONT
YARD, REAR
YARD, SIDE
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
A commercial activity conducted with an office, characterized
by services of a clerical, administrative, technical, professional
or business nature but expressly excluding the manufacture, repair
or the wholesale/retail sale of merchandise, and shall include by
way of illustration the following offices: finance, insurance, real
estate and business.
As applied to a structure, an enlargement, whether by extending
on a side or by increasing in height, or by moving from one location
or position to another.
A mounting structure, other than a tower, that can reasonably
serve as a mounting point for an antenna and otherwise meets the requirements
of this chapter.
[Added 5-26-1998 by L.L. No. 3-1998]
Any device, other than an exempt antenna, used to radiate
into or capture from the air electromagnetic waves carrying any form
of communication including, but not limited to, cellular phone antennas,
PCS communications antennas, directional antennas, such as panels
and microwave dishes and omnidirectional antennas, such as whip antennas.
[Added 5-26-1998 by L.L. No. 3-1998]
When referring to the required area per dwelling unit, means
"net site area," the area(s) exclusive of streets and other public
open space and portions of the site not capable of being developed.
The total of areas taken on a horizontal plane at the main
grade level of the principal structure and all accessory structures
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between the exterior faces of walls.
A room with a dwelling primarily designed for sleeping purposes.
A commercial activity generally conducted within an office
and characterized by services of a clerical, administrative, technical,
professional or general business nature, including without limitation
data processing, computer programming and similar technology, but
expressly excluding manufacturing, wholesaling or retail sales of
merchandise kept on the premises.
A story having more than 1/2 of its clear height below the
average level of the adjoining ground.
Any structure primarily used for worship or religious instruction,
including social and administrative rooms accessory thereto.
An organization catering exclusively to members and their
guests, or premises and structures for social, recreational or athletic
purposes.
A dwelling located in a tract of land pursuant to a regulation
which requires compliance with overall density limitations but without
regard to specific yard, lot coverage, area or frontage requirements.
A building, other than a hotel, where lodging and meals are
served for compensation. For administrative purposes, this term shall
consist of two categories: "A" and "B." "A" shall be composed of a
commercial residence for not more than three persons, and "B" shall
be composed of a commercial residence for lodging and meals where
more than three persons are served for compensation.
An apartment house or houses, the apartments or dwelling
units of which are individually owned, each owner receiving a deed
enabling him to sell, mortgage or exchange his apartment independent
of the owners of the other apartments in the building or buildings.
The changing of the use of a particular property or the occupancy
of a dwelling by alteration or other reorganization so as to increase
the number of families or dwelling units in a structure.
That percentage of the plot or lot area covered by the structure
area.
A program of daily care and supervision of six or more minors,
including nurseries and preschool programs.
Pedestrianways and other areas for active and/or passive
recreation, but not including parking areas. Additional school and
recreation areas or any community property may be included as developed
open space.
An activity or facility associated with the retail sale of
products or provision of services in which the customers remain in
or by their motor vehicles, including but not limited to drive-in
windows at banks or restaurants.
A private drive or roadway providing vehicular ingress or
egress to a lot.
[Added 10-15-2002 by L.L. No. 7-2002]
A facility designed primarily for the disposal, by abandonment,
dumping, burial, burning or any other means and for whatever purpose,
of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles
or parts thereof or waste material of any kind.
A structure or part thereof used and occupied for human habitation
or intended to be so used, and includes any appurtenances belonging
thereto.
A dwelling designed or used for occupancy by three or more
families living independently of each other.
A dwelling designed or used exclusively for occupancy by
one family.
An attached, privately owned dwelling containing one dwelling
unit and designed or used exclusively for occupancy by one family,
connected to but separated from adjacent similarly owned unit(s),
one or two of whose walls are common party walls having no door, windows
or other provisions for human passage or visibility.
[Added 3-14-2016 by L.L.
No. 1-2016]
A dwelling designed for and occupied exclusively as a home
or residence for two families.
One or more rooms designed for occupancy by one family for
cooking, living and sleeping purposes.
An antenna or tower exempted from the requirements of the
Telecommunications Towers Article of this chapter[1] pursuant to the provisions of that article.
[Added 5-26-1998 by L.L. No. 3-1998]
A number of individuals related by blood, marriage or adoption,
or not more than five individuals who are not so related, living together
as a single housekeeping unit.
The sum of the gross horizontal livable areas of the several
floors of a building, excluding cellar and basement floor areas not
devoted to residential use. All dimensions shall be measured between
exterior faces of walls.
An establishment providing for the preparation of the dead
for burial or cremation, including viewing of the body and incidental
ceremonies, but expressly excluding morgues and educational facilities
engaged in teaching mortuary science.
An accessory building designed for the storage of one or
more motor vehicles.
Any area of land, including structures thereon, that is used
or designed to be used for the sale of gasoline or oil or other motor
vehicle fuel and which may include facilities for lubricating, washing,
cleaning or otherwise servicing motor vehicles.
A structure designed exclusively as a place of residence
and/or domicile by one or more persons wherein the residential quarters
are considered an integral component of a recognized program of rehabilitation,
custodial supervision or care, together with required supervisory
personnel. For administrative purposes, this term shall consist of
two categories: "A" and "B." Category "A" shall be composed of not
more than four persons and Category "B" of five to eight persons,
exclusive of required resident supervisory personnel. This term shall
exclude occupancy described in "family" as defined herein.
When referring to a tower or other structure, the distance
measured from the ground level grade on which the tower or structure
is located to the highest point on the tower or structure, including
the base pad and any antenna.
[Added 5-26-1998 by L.L. No. 3-1998]
Any use customarily undertaken at home, including professional services, and conducted by the resident only, which use must be clearly subordinate to the residential occupancy of the dwelling units. For the purpose of this definition, "professional services" includes the office of a resident physician, osteopath, chiropractor, dentist, musician, lawyer, architect, engineer, certified public accountant, city planner or landscape architect if such office is a part of the residence of the person. See Article IV, § 187-7A(2)(b).
An establishment for temporary occupation by the sick or
injured for the purpose of medical diagnosis and treatment, including
sanatoriums, and limited to the treatment or other care of humans.
A building used primarily to provide sleeping accommodations
for the transient public in which more than six rooms are available
for hire.
[Added 7-22-1991 by L.L. No. 4-1991]
The dividing line between the street right-of-way line and
the lot.
A parcel of land occupied or designed to be occupied by one
building and the accessory buildings or uses customarily incident
to it, including such open spaces as are arranged and designed to
be used in connection with such buildings. A lot may or may not be
the land shown as a lot on a duly recorded plot.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
A mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
Any line dividing one lot from another.
The mean width measured at right angles to its depth.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping units designed primarily
for transient automobile travelers and providing for accessory off-street
parking facilities. The term "motel" includes buildings designated
as tourist courts, motor lodges, auto courts and by similar terms.
[2]Any dwelling where persons are lodged and furnished with
meals and nursing care for hire.
An off-street space available for the parking of one motor
vehicle and having an area of not less than 200 square feet exclusive
of passageways and driveways appurtenant thereto.
[Amended 10-11-1993 by L.L. No. 9-1993; 10-24-2005 by L.L. No. 4-2005]
Commercial mobile services, unlicensed wireless services,
and common carrier wireless exchange access services as defined by
Section 704 of the Federal Telecommunications Act.
[Added 5-26-1998 by L.L. No. 3-1998]
A covered platform having a separate roof at an entrance
to a dwelling or an open or enclosed room attached to the outside
of a dwelling.
A parcel of land the boundaries of which are defined by the
applicable tax parcel set forth on the Tax Maps for the Town of Manlius
and Village of Fayetteville.
[Added 5-26-1998 by L.L. No. 3-1998]
A building or portion thereof where food and beverages, whether
or not alcoholic, are sold to the public for consumption on the premises.
The direct on-premises sale of goods and services to the
consumer, including incidental and customary on-premise processing,
servicing and preparation. Included are department stores, food markets,
financial institutions, business and professional offices and vehicular
activities as defined in this article. Excluded are places of public
assembly, medical centers, private business and technical schools,
colleges, universities and similar places of postgraduate training
and higher education.
The Village Board of Trustees, the Zoning Board of Appeals,
the Planning Board, the Historic Review Commission, or any other board,
commission or agency of the Village when acting upon an application
made for a special permit, site plan approval, interpretation, variance,
appeal, decision, approval or other action pursuant to this chapter.
[Added 6-22-1998 by L.L. No. 5-1998]
Any letter, word, model, banner, pennant, insignia, logo,
symbol, trade flag or other device or representation used as or which
is in the nature of an advertisement, announcement or direction, but
excluding any public traffic or directional signs or signals. Signs
regulated by this section shall also include those signs which are
painted or affixed to the interior or exterior of a window and visible
from the exterior of the premises which are intended to advertise
and/or identify the name of the business or entity and/or any products
or services provided or sold, on or off the premises, for compensation.
[Amended 2-22-1993 by L.L. No. 2-1993]
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
on the premises and only incidentally on the premises if at all.
A single structure that:
[Added 10-12-1999 by L.L.
No. 5-1999; amended 11-13-2017 by L.L. No. 6-2017]
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between any floor and the ceiling
next above it. A cellar shall not be deemed a story. An attic shall
not be deemed a story if unfinished and without human occupancy.
A public or private way which affords the principal means
of access to abutting properties.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having a location
on the ground.
A structure generally designed to accommodate an accessory
use but detached from the principal structure, such as a garage for
vehicles accessory to the principal use, a freestanding storage shed
or similar facility. An accessory structure attached to or contained
within a principal structure shall be considered part of the principal
structure.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
A structure designed primarily to accommodate a principal
use, such as a dwelling house, apartment building, office building
or similar commercial structures, including stadiums and like improvements
not having a roof. A structure designed to provide closed storage
of vehicles and which is attached to or contained within a principal
structure shall be considered part of the same.
A structure generally associated with the use of property,
other than principal structure, including but not limited to the following:
radio tower, television antenna, flagpole, fireplace, signs and outdoor
recreation facilities such as tennis courts, swimming pools and basketball
courts.
The dividing of a parcel of land into two or more lots.
The transmission or reception via wire, fiber optic cable
or electromagnetic emissions of information.
[Added 5-26-1998 by L.L. No. 3-1998]
All facilities and equipment at the site of and/or running
to or from the site of, an antenna necessary to the operation of the
antenna including, but not limited to, cables, switches, towers, accessory
buildings and structures.
[Added 5-26-1998 by L.L. No. 3-1998]
An open porch without a permanent roof.
A building or part of a building devoted to showing moving
pictures or stage productions on a paid admission basis.
Any structure, other than an exempt tower, that is designed
and constructed primarily for the purpose of supporting one or more
antennas, including self-supporting lattice towers, guyed towers,
or monopole towers. The term includes, but is not limited to, radio
and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, and structures used to support
the related equipment.
[Added 5-26-1998 by L.L. No. 3-1998]
An activity which is incidental, subordinate to and which
may not be carried on independently of a principal use, such as business
home occupation, accessory off-street parking facilities and small-scale
manufacturing, repair or similar services incidental to retail business.
An activity which may be carried on independently of any
other activity and which generally characterizes the primary purpose
for which land and/or the principal structures thereon are intended
and designed.
The space within and extending the full width of the lot
from the front lot line to the part of the principal building which
is nearest to such front lot line.
The space within and extending the full width of the lot
from the rear lot line to the part of the principal building which
is nearest to such rear lot line.
The space within the lot extending the full distance from
the front yard to the rear yard and from the side lot line to the
part of the principal building which is nearest to such side lot line.
