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, 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.
(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.
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]
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, after recommendation from the Town Planning Board and upon such conditions as the Town Board may impose in the interest of public safety, health and welfare, viz: hospitals, hospices, homes for elderly adults, convalescent homes, nursing homes and similar facilities, as well as cemeteries, landing fields and greenhouses.
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.
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.
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.
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:
- BEDROOM
- 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.
- RECREATIONAL AREA
- 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.
- UNUSABLE 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.
- USABLE DISTRICT SPACE
- 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.
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 Town 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]
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.
[Added 2-27-2008 by L.L. No. 1-2008]
A.
Purpose and intent.
(1)
The Town Board recognizes that the development
of certain commercial uses may be consistent with the Town's land
use goals and restrictions in the Town's Restricted Agricultural District,
Industrial and Commercial A Districts. Therefore, the Town Board pursuant
to its zoning powers hereby creates a Technology Development/Office
Overlay Zone (TDO). The TDO is intended to allow for the controlled
development of uses outlined herein on relatively larger parcels of
land. The dimensional requirements contained herein are intended to
encourage green space on the proposed development site and to create
an orderly scheme of development to physically separate the uses allowed
herein to the maximum extent possible.
(2)
The overlay of the TDO by an applicant shall require a zone change by the Town Board, pursuant to Article VII of this chapter, and shall be made in conformity with the applicable provisions of local law and Town Law, including, but not limited to, notice and a public hearing.
(3)
The TDO rezoning applications will be submitted
on a voluntary basis by applicants. However, the Town Board may, on
its own motion, rezone property to a TDO District.
B.
Eligible sites. The floating TDO Overlay Zone may
only be in those districts in the Town zoned Restricted Agricultural
(RA), Industrial (ID)and Commercial A (CA).
C.
Dimensional requirements.
(1)
No parcel of real property may be zoned as a
TDO District unless the parcel is owned by a single person, limited
liability company, corporation, trust or similar legal entity and:
(a)
The subject parcel is at least 30 contiguous
acres in area;
(b)
The parcel has at least 200 foot of frontage
on a public road;
(c)
The building coverage area (including paved
areas) is less than 35% of the entire acreage of the subject parcel;
(d)
All structures or proposed structures are less than 30 feet in height, except taller structures may be allowed upon the granting of a special permit pursuant to § 155-27 of this chapter; and
(e)
All setbacks shall comply with the underlying
zoning requirements.
(2)
Notwithstanding anything contained in the Town
of Manlius Code, in the event that there is a conflict between this
section and another section of the Town of Manlius Code, the dimensional
requirements of this section shall control.
D.
Permitted uses. All uses permitted in the Town's underlying RA, ID and CA districts are allowed in the TDO, subject to the same restrictions. In addition, the following uses shall be permitted in a TDO after site plan approval has been provided pursuant to § 155-28 of this chapter:
(1)
Educational facility;
(2)
Government facilities;
(3)
Packaging of pharmaceutical and/or food products;
(4)
Religious use;
(5)
Business office(s);
(6)
Day-care center;
(7)
Finance/banks;
(8)
Funeral home/mortuary;
(9)
Recreational and entertainment facilities, indoor;
(10)
Assembly, fabrication or packaging of previously
prepared materials;
(11)
Manufacture or assembly of electric, electronic,
technical, optical products;
(12)
Scientific and technical services including
research, testing, experimental development and engineering services;
(13)
Warehouse, service and sales establishments,
where integrated with and supportive of one of the above TDO structures
and uses and upon specific findings of the Planning Board that such
establishment is in keeping with the spirit and intent of the TDO
and is not unreasonably detrimental to neighboring properties, areas
and districts.
E.
Application procedure and approval process. Application
for change of zone to a TDO requires and shall include:
(1)
Application made to the Town Board for zone
change;
(2)
An application for zone change shall include
a written description of the proposed development, a legal description
of the subject parcel, and be in a form sufficient to enable the Town
Board to evaluate the applicant's proposal for its consistency with
the purpose of this section and the Town's land use goals.
(3)
Upon receipt of a completed application for
zone change, the Town Board will process, review and may approve or
disapprove the rezoning application in accordance with the provisions
of this chapter, Town Law and other applicable laws.
(4)
The Town Board, at its discretion, may attach
any reasonable conditions on an approval of a rezoning to TDO as necessary
to assure conformance with the intent and purposes of this chapter,
and to fully protect the public health, safety and welfare of the
Town.
(5)
If the rezoning is granted, the approved TDO
floating zone shall be so noted on the Town's Zoning Map.
(8)
The Town Board and/or Planning Board shall process
the special use permit and/or site plan application in accordance
with the applicable provisions of this chapter. Approval of a special
use permit and/or site plan may not occur until, and unless, the requested
change of zone to TDO is approved.
A.
Neighborhood Shopping Districts are intended to permit
the development of small-scale commercial, retail and personal service
establishments in convenient proximity to residential neighborhoods
while at the same time minimizing potential impact and disruption
that the uncontrolled introduction of such uses into residential neighborhoods
could have.
B.
Permitted uses.
(1)
The following structures and uses only shall be permitted in Neighborhood Shopping Districts upon the issuance of a site plan approval by the Town Planning Board pursuant to Article IV, § 155-28:
[Amended 5-22-2002 by Ord. No. 2002-5]
(a)
Retail establishments with associated drive-through
services and/or associated outdoor display of goods, including grocery
stores, drug stores, department stores, specialty shops and shops
for the sale of general merchandise at retail.
(b)
Personal service stores, including barbershops,
beauty parlors, shoe repair shops, appliance repair shops, laundromats,
dry cleaners and businesses providing similar services of a personal
nature.
(c)
Business offices, including professional offices,
banking offices, including walk-up and drive-through services, finance,
insurance, real estate, legal, medical, dental, governmental and utility
service offices.
(d)
A public garage, gas station or the open storage
or sale of automobiles shall be prohibited.
(e)
Indoor theaters, game rooms and other places of entertainment and restaurants serving patrons indoors, but not including establishments serving their customers with food or drink for consumption outside the establishment in the open air or in parked cars and only upon the granting of a special permit pursuant to Article IV, § 155-27.
(2)
Nothing herein set forth shall be deemed to prevent
the inclusion of two or more permitted uses in the same building.
C.
No Neighborhood Shopping District shall exceed 15
acres and shall be further limited to a maximum average of 10,000
square feet of floor space per acre. 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.
D.
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. If, due
to unique and unusual circumstances at a Neighborhood Shopping District
site, it would impose a substantial hardship upon the owner to locate
such service areas 100 feet from any adjoining property line of property
zoned residential or restricted agricultural, the Planning Board may,
in its discretion, permit such service areas to be located closer
than 100 feet from such property lines. Any such reduction of the
one-hundred-foot setback requirement shall be the minimum necessary
to relieve the hardship. Even where such hardship is shown, no such
service areas shall be located closer than 50 feet to any such adjoining
property line. All service areas shall be screened from sight by appropriate
fencing, and such additional steps shall be taken as are necessary
to minimize or, if possible, eliminate the impact of noise and light
on adjoining residential properties.
E.
All signage should be in accordance with § 155-25 of the Manlius Town Code subject to the following: 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 desirability 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.
[Added 5-22-2002 by Ord. No. 2002-5]
F.
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.
[Added 5-22-2002 by Ord. No. 2002-5]
A.
Purpose and intent.
[Added 3-14-2001 by Ord. No. 5-2001[1] ]
(1)
This district is designed to encourage the efficient
conversion of large-scale indoor retail space into smaller, stand-alone
combinations of retail, service and community uses. Because such development
will naturally result in a number of different permitted uses in close
proximity to one another, it is deemed important from an aesthetic
standpoint to encourage some level of uniformity or cohesiveness in
the appearance of the buildings and structures within the RSDD Zone.
Accordingly, applicants seeking permits or site plan approval for
new construction and/or renovation within the RSDD Zone must demonstrate
to the satisfaction of the Planning Board that building and site designs:
(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, line, color and texture of materials
to be used in relation to the immediate and surrounding area including
residential.
[1]
Editor's Note: This ordinance also redesignated
former Subsections A through C as B through D, respectively.
B.
The following structures and uses only shall be permitted in Regional Shopping Districts upon the issuance of site plan approval by the Town Planning Board pursuant to Article IV, § 155-28:
[Amended 3-14-2001 by Ord. No. 5-2001; 5-22-2002 by Ord. No. 2002-5]
(1)
Retail establishments with associated drive-through
services, including, but not limited to, department stores, specialty
shops and drug stores.
(2)
Personal service stores and shops, including barbershops,
beauty parlors, shoe repair shops, appliance repair shops, laundromats,
dry cleaners and businesses providing similar services of a personal
nature.
(3)
Business offices, including professional offices,
banking offices, including drive-in banks, finance, insurance, real
estate, medical, dental, governmental and utility service offices.
(4)
A public garage, gas station or the open storage or
sale of automobiles shall be prohibited.
(5)
Indoor theaters.
(6)
Indoor places of amusement, restaurants or stands,
community centers, recreation facilities (both public and private),
churches and other places of worship, home for elderly, adults, convalescent
home, nursing homes, and similar facilities, public libraries, public
and private schools, including day-care facilities.
C.
Any retail business or personal service carried on
in enclosed buildings may include such preparation and processing
as is incidental to the preparation of products to be sold on the
premises to the ultimate consumer.
D.
Nothing herein set forth shall be deemed to prevent
the inclusion of two or more permitted uses in the same building.
E.
All signage shall be in accordance with § 155-25 of the Manlius Town Code subject to the following:
[Added 5-22-2002 by Ord. No. 2002-5]
(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 Towne Center shall be subject to site plan review by the
Planning Board, with the size and design to be reviewed with the Planning
Board to insure compatibility with the architectural theme established
for the Center. 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.
[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]
All structures and uses permitted in Residential Districts R-3 and Neighborhood Shopping Districts shall be permitted in the Commercial District A, subject to the same restrictions. In addition thereto, the following structures and uses shall be permitted with site plan approval pursuant to Article IV, § 155-28:
A.
Hotels.
B.
Any retail business or personal service carried on
in enclosed buildings and such manufacturing which is incidental to
the preparation of products to be sold on the premises to the ultimate
consumer.
C.
Banks, including drive-through services.
D.
Retail establishments with associated drive-through
services.
E.
Indoor theaters.
[Amended 1-25-2017 by L.L. No. 1-2017]
All structures and uses permitted in Commercial District A shall be permitted in Commercial District B, subject to the same restrictions. In addition thereto, there shall be permitted with site plan approval pursuant to Article IV, § 155-28:
A.
Drive-in establishments.
B.
Places of amusement, restaurants or stands.
C.
Warehouses, wholesale establishments, lumberyards
and farm-implement distributors' establishments.
D.
Outdoor theaters.
E.
Commercial repair garages, parking lots and drive-in
retail fuel stations, provided that the pumps are set at least 20
feet from the public street line or right-of-way line, and provided
that if next to a residence, church, school or hospital or any other
uses permitted in Residential Districts R-3, such filling stations
shall have a screen or fencing of evergreens on the side next to such
residences, etc., and provided that no pumps or grease pits shall
be nearer than 25 feet from the side property lines, and provided
that no outdoor storage of broken-down cars or parts of cars shall
be permitted.
[Amended 5-23-2001 by Ord. No. 7-2001]
A.
All structures and uses permitted in Commercial District B shall be permitted in the Industrial Districts, subject to the same restrictions; provided, however, that no residential use shall be allowed in an Industrial District, except upon the issuance of a special permit by the Town Board pursuant to Article IV, § 155-27. In addition thereto, there shall be permitted businesses that operate self-storage units, certain manufacturing, industrial establishments and uses only after the issuance of a special permit by the Town Board pursuant to Article IV, § 155-27.
[Amended 8-9-2006 by L.L. No. 7-2006]
B.
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 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.
[Added 5-22-2002 by Ord. No. 2002-5]
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.
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.
[Amended 11-9-2011 by L.L. No. 2-2011]
A.
Purpose and intent. This district is designed to retain the existing
residential character of established neighborhoods while permitting
unobtrusive uses of a commercial, nonretail 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.
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. 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.
C.
Uses involving the preparation of food, shoe repair shops, barbershops,
beauty salons and similar uses 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. 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.
[Amended 5-23-2012 by L.L. No. 2-2012]
G.
The Town Planning Board, when reviewing an application for a combined site plan and accessory use permit approval in a Residential Multiple-Use District R-M, 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 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 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 § 155-20B(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 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;
[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.
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;
