Except as hereinafter provided:
A.
No structure or land shall hereafter be used or occupied,
and no building or part thereof shall be erected, moved or altered,
unless in conformity with the regulations herein specified for the
district in which it is located.
B.
No part of a yard or other open space about any structure
required for the purpose of complying with the provisions of this
chapter shall be included as a part of a yard or other open space
similarly required for another structure.
The following uses are permitted in R-1 Districts:
A.
One-family dwellings.
B.
Accessory uses, accessory buildings and structures (including swimming pools), upon the approval of the Planning Board and the issuance of a building permit. Notwithstanding the foregoing, all swimming pools and accessory buildings up to 144 square feet and used by the occupant of the principal building for personal storage shall require issuance of a building permit pursuant to § 99-30 of this chapter, but shall not require approval of the Planning Board.
[Amended 7-24-2001 by L.L. No. 4-2001; 11-10-2015 by L.L. No. 3-2015]
C.
Churches.
D.
Public elementary and high schools, excluding garages,
but including administration buildings.
E.
Public parks and playgrounds.
The following uses are permitted in R-1 Districts upon the issuance of a special use permit under § 99-27 of this chapter:
A.
Private elementary and high schools, not including
nursery schools, and institutions of higher education and libraries.
B.
Home occupations.
C.
Parks, playgrounds, private recreational clubs and
swimming pools maintained by homeowners associations and private swimming
clubs.
D.
Utilities' substations.
E.
Garages for public and private elementary and high
schools accessory to school property.
The following height and area regulations apply
in R-1 Districts:
A.
Maximum building height: 35 feet; detached garage,
one story, not more than 17 feet.
B.
Minimum lot area: 15,000 square feet.
C.
Minimum lot width as measured at the street lot line:
90 feet.
D.
Maximum lot coverage: 25%.
F.
Minimum living area: exclusive of garage and basement,
1,800 square feet, except if a dwelling is destroyed by fire or other
casualty, the foregoing minimum living area shall not apply if such
dwelling is rebuilt within its existing foundation; or when surrounded
by five or more dwellings within a radius of 500 feet, a dwelling's
minimum living area shall be equal to the average minimum living area
of the various dwellings situated within such radius.
[Amended 11-26-1991 by L.L. No. 1-1991]
G.
Where any nonresidential land use abuts any residential
land use, a side yard which adjoins such nonresidential uses shall
be a minimum of 25 feet, which shall be maintained as a landscaped
area.
The following uses are permitted in R-2 Districts:
The following uses are permitted in R-2 Districts upon the issuance of a special use permit under § 99-27 of this chapter:
B.
Multiple dwellings and accessory uses, including lockers and coin-operated laundry facilities for the sole use of occupants, subject to special regulations imposed by § 99-27D of this chapter.
C.
Membership clubs, lodges, social and community center
buildings or recreational grounds operated by membership organizations
for the benefit of their members and not for gain.
D.
Philanthropic and other not-for-profit institutions.
E.
Nursery schools.
F.
Hospitals, sanatoriums, nursing homes and housing
for the well aged.
G.
Public service structures or buildings, such as telephone
exchanges.
H.
Boardinghouses.
The following height and area regulations apply in R-2 Districts, except as may otherwise be provided in § 99-27 of this chapter:
A.
Maximum building height: 35 feet.
B.
Minimum lot area: 12,000 square feet.
C.
Minimum lot width: 75 feet for a one-family dwelling,
and 90 feet for a two-family dwelling.
D.
Maximum lot coverage: 25%.
F.
Where any nonresidential land use abuts any residential
land use, a side yard which adjoins such nonresidential uses shall
be a minimum of 25 feet, which shall be maintained as a landscaped
area.
[Added 12-10-2002 by L.L. No. 4-2002]
A.
Purpose and intent. The R-M 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 district to encourage the preservation
of historical and other worthy structures.
B.
The following uses are permitted in an R-M District, provided that no major alterations in the exterior appearance of any building shall be allowed, except in conformity with Subsection J hereof.
(2)
Uses set forth below (R-M uses), upon receipt of site development plan approval by the Planning Board, pursuant to § 99-37 of this chapter, provided that such uses are confined to existing buildings or altered or new structures that comply with R-M District purpose, intent, and restrictions:
(a)
Offices of religious and education institutions.
(b)
Offices of physicians, surgeons, dentists, lawyers,
architects, engineers, accountants, planners, real estate agents,
public stenographers, mailing services (except that mailing services
utilizing presses or any type of manufacturing or processing machinery
shall not be permitted), and telephone answering services.
(c)
Day-care center.
(d)
Community residence.
(e)
Teaching of music, dance, or other similar types
of instruction when limited to five pupils at a time.
(f)
Bed-and-breakfast accommodations.
(g)
Dressmaker.
(h)
Decorator.
(i)
Photographer.
(j)
Art studio.
(k)
Therapist.
(l)
Florist.
(m)
Tailor.
(n)
Craft/antique retail shop.
C.
Uses primarily involving the preparation of food,
shoe repair shops, barbershops, beauty salons, small engine and repair
shops are expressly excluded from the R-M District.
E.
Maximum lot coverage. Lot coverage for any R-M use
shall include the service area of a lot used for parking or access
to parking, such as driveways or aisles, as well as building and structures.
For all R-M uses, the maximum. lot coverage shall be 35%.
F.
Other restrictions. All uses permitted in an R-M District
shall be subject to the restrictions applying to an R-2 District,
except as otherwise provided in this section.
G.
Parking. All R-M uses shall provide a minimum of one parking space for every 250 square feet of floor area, all such spaces to be located behind the primary building or along the side thereof so as to be visually screened from the road. Parking shall otherwise be governed by the provisions of § 99-26 of this chapter, except that the Planning Board may require additional parking spaces for R-M uses whenever, in its judgment, additional spaces are warranted for the comfort, convenience, safety, health or welfare of the community.
H.
Landscaping. When a proposed R-M use borders upon
an existing development or establishment or any other use which, in
the opinion of the Planning Board, may be visually detrimental to
the tranquility of the residents of the neighborhood, the Planning
Board may require a landscape screen to buffer the R-M use from the
visually noncompatible use.
I.
Signs. Signs for R-M uses shall be permitted only as follows: One freestanding nonilluminated sign per lot with a minimum ground clearance of two feet and a maximum height of four feet, not exceeding four square feet in area, with no sign being affixed to a building. Each sign shall be set back at least four feet from the sidewalk. All signs shall be subject to approval by the Planning Board in accordance with the applicable provisions of § 99-25 of this chapter, including Subsection M relating to general sign design guidelines.
J.
When any R-M use is involved, all buildings and other structures constructed subsequent to the effective date of this section, and any major alterations to the exterior appearance of buildings, structures or lots in existence on the effective date of this section shall be subject to site development plan review, pursuant to § 99-37 of this chapter, 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.
[Added 5-11-2010 by L.L.
No. 1-2010]
The purpose of a Planned Unit Development District is to permit
establishment of areas in which diverse uses may be brought together
in a compatible and unified plan of development which shall be in
the interest of the general welfare of the public. A PUD District
may permit the combination of residential and nonresidential uses
in a single district where that combination enhances the general welfare
of the community. The PUD is intended to promote site design and land
use flexibility not feasible in other zoning districts, such as where
a project combines multiple uses that could not permissibly coexist
in any other single zoning district. A PUD is proper where the uses
proposed will not be detrimental to present and potential surrounding
uses, but will have a beneficial effect that could not be achieved
under any other district. In Planned Unit Development Districts, land
and structures may be used for any lawful purpose in accordance with
the provisions set forth herein.
A.
Objectives. In order to carry out the purpose of this section, Planned
Unit Developments (PUDs) shall promote and accomplish the following
objectives:
(1)
Provide a choice of environments, housing types, lot sizes and
community facilities available within a planned neighborhood;
(2)
Provide usable open space and recreation areas, and conserve
natural resources and outstanding landscape features;
(3)
Provide for conveniently located accessory commercial and service
areas;
(4)
Allow orderly transition of uses through creative development
of land and related infrastructure;
(5)
Utilize land efficiently by creating less extensive networks
of utilities and streets;
(6)
Create a land use and development pattern consistent with the
goals, objectives and policies of the Village Comprehensive Plan;
(7)
Create more desirable living, shopping and working environments
than would be possible without applying the provisions of this section.
B.
General requirements.
(1)
No area of less than three contiguous acres may be zoned as
a PUD District, unless the Village Board specifically waives this
requirement and states its reasons for doing so upon the creation
of the PUD District.
(2)
The entire area of the proposed PUD District shall be owned
or controlled by the same entity, or by multiple property owners filing
a joint application for establishment of the proposed PUD District,
at the time of zone change. The approved PUD plan shall be binding
on all owners and future owners and tenants.
(3)
The allowed uses and respective areas for the allowed uses shall
be determined by the Village Board, following recommendation from
the Planning Board, upon creation of the district.
(4)
The density of allowed uses shall be determined by the Village
Board, following recommendation from the Planning Board, upon creation
of the district.
(5)
Dimensional requirements for the district shall be as determined
and specified by the Planning Board upon site plan approval.
(6)
Signage for the district shall be as determined and specified
by the Planning Board upon site plan approval.
C.
Application and approval procedure.
(1)
Pre-application conference. The applicant shall meet informally
with the Code Enforcement Officer, the Planning Board Chairperson
or a designated member of the Planning Board, and the Mayor or a designated
Village Trustee, to discuss the appropriateness of a proposed PUD
and any items that should be addressed with the preparation of the
PUD application.
(2)
Application. All applications for a zone change to a PUD District
shall be initiated by submitting an application form, application
fee, and sketch plan to the Village Board. The sketch plan shall demonstrate
the proposed district boundary and the boundaries of the use areas
within the district, indicating for each such use its general extent,
size and composition. The Village Board shall have discretion to accept
or decline the application.
(3)
PUD plan. If the Village Board accepts an application, such
application shall be referred to the Planning Board for its review.
In order to allow the Planning Board and the developer to reach an
understanding on basic design requirements prior to detailed design
investment, the applicant shall submit a PUD plan of the proposal
to the Planning Board. The PUD plan shall be approximately to scale,
although it need not be to the precision of a finished engineering
drawing, and it shall clearly show the following information at a
minimum:
(a)
Delineation of the proposed district boundary and the boundaries
of the use areas within the district, indicating for each such use
its general extent, size and composition;
(b)
The general outlines of the interior roadway system and all
existing and proposed rights-of-way and easements, whether public
or private;
(c)
The general pedestrian circulation plan, to prioritize pedestrian
safety over vehicular movement and parking;
(d)
The interior open space system, if any;
(e)
The overall drainage system, including existing and proposed
easements;
(f)
If grades exceed 3%, or portions of the site have soils which
have a moderate-to-high susceptibility to erosion or a moderate-to-high
susceptibility to flooding and ponding, a topographic map with contours
at intervals of not more than five feet of elevation shall be provided
along with an overlay portraying the above susceptible soil areas;
(g)
Principal ties to the community at large with respect to transportation,
water supply, and sewage disposal;
(h)
A location map showing zoning and ownership of abutting lands.
(i)
Any proposed subdivision of the property into smaller parcels
for sale to individual owners.
(j)
Delineation of any areas of natural or historical significance.
(4)
Additional documentation. The following documentation shall
accompany the PUD plan unless waived by the Planning Board:
(a)
A completed long-form environmental assessment form (EAF) and
other environmental information as may be required by the Planning
Board pursuant to the New York State Environmental Quality Review
Act (SEQR).
(b)
Evidence of the existing and future community demand for proposed
uses;
(c)
Evidence that the proposal is compatible with the Village's
Comprehensive Plan;
(d)
General statement as to how existing and proposed open and common
space is to be maintained and used;
(e)
If the development is to be phased or sectioned, a general indication
of how the phasing or sectioning is to proceed and a preliminary schedule.
Whether or not the development is to be phased or sectioned, the PUD
plan shall show the entire project;
(f)
A statement regarding the availability of water supply and sewage
disposal;
(g)
A general description of the public safety services which will
be required and whether such services are presently available;
(h)
Evidence demonstrating the applicant's competence to carry out
the plan.
(i)
A statement of the proposed allowed uses and the respective
areas for the allowed uses, as well as the proposed density of the
allowed uses.
(j)
Any other information reasonably required by the Planning Board.
(5)
Planning Board review of the PUD plan. The Planning Board shall
review the PUD plan and its accompanying documents and shall make
a recommendation to the Village Board, within such time as the Planning
Board deems adequate. The Planning Board may call upon any Village
department or officials and any other public agencies or private consultants
that it feels are necessary to provide a sound review of the proposal,
the reasonable cost of which, if any, shall be borne by the applicant.
The Planning Board shall refer the PUD plan to the Manlius Fire Department
and SOCPA, and the Planning Board shall consider each organization's
comments, if any, before making its recommendation to the Village
Board. The following matters shall be addressed in the Planning Board's
referral report to the Village Board:
(a)
The consistency of the plan with the Village Comprehensive Plan;
(b)
The consistency of the plan with the purposes and objectives
of a PUD District;
(c)
Whether the plan meets all of the applicable general requirements
of this section;
(d)
Whether the plan is conceptually sound in that it meets local
and area-wide needs and conforms to accepted design principles in
the proposed functional roadway system, land use configuration, open
space system, pedestrian system and drainage system;
(e)
Whether there are adequate services and utilities available
or proposed to be made available for the site;
(f)
Whether the proposed phasing or sectioning, if any, is feasible
and appropriate to the purposes and circumstances of the project.
The Planning Board shall consider whether the phasing or sectioning
proposed will have an adverse impact upon the completion of the entire
project or a negative impact in the event that the entire project
is not completed as contemplated.
(6)
Village Board action. If the Planning Board recommends denial
of the application for a PUD District, the application shall be denied.
If the Planning Board recommends approval of the application for a
PUD District (with or without conditions or modifications to the PUD
plan), the Village Board shall consider whether to approve the application.
(7)
Village Board approval.
(a)
Before voting on whether to approve a PUD plan and thereby to establish a PUD District, the Village Board shall complete all procedures required under SEQR and shall hold a public hearing in accordance with § 99-35 of the Village Code.
(b)
Following the public hearing, the Village Board shall, by resolution,
approve or disapprove the proposed PUD plan as presented or modified,
with or without conditions as necessary to fully protect the health,
safety, and welfare of the community. If the PUD plan is approved,
the resolution shall set forth the time, from site plan approval by
the Planning Board, within which the applicant must complete the development
and/or the periods of time in which phased development must be completed
and new phases commenced.
(c)
A resolution approving a PUD plan shall state the allowed uses
and the areas for those allowed uses, as well as the density of the
allowed uses.
(d)
As a condition of approval, the Village Board may require the
posting of adequate performance guaranties to ensure the completion
of the project and the installation of all site improvements. Such
performance guaranties shall be in an amount established by the Village
Board and deemed sufficient by the Village Board to cover the cost
of all such improvements as estimated by the Village Board, and should
include an agreed-upon schedule for the completion of the improvements,
and shall be in a form satisfactory to the Village Attorney.
(e)
If the Village Board grants the zone change, the Zoning Map
shall be so amended. No permits or other approvals will be issued
until site plan approval has been granted by the Planning Board.
(8)
Site plan approval.
(9)
Subdivisions in a PUD District. If part of the proposed PUD
involves the subdivision of land into smaller parcels for sale to
individual owners, the procedures required for approval of the PUD
plan and site plan shall suffice for compliance with the Village subdivision
regulations. In such case, the developer shall prepare a subdivision
plat suitable for signature by the Planning Board Chairman and filing
with the County Clerk following site plan approval.
(10)
Failure to comply with PUD plan or to commence or complete construction.
If the PUD applicant or subsequent owner fails to develop the site
in accordance with the approved PUD plan and site plan, or if the
applicant or subsequent owner fails to develop the site in accordance
with the approved timetable for development, including compliance
with any specified time for commencing and/or completing any phase
of construction after the granting of site plan approval and/or issuance
of a building permit, the PUD District shall become null and void,
and the property shall revert to the prior zoning classification(s),
unless the Village Board passes a resolution providing otherwise.
(11)
Amendments to approved PUD plan. An approved PUD plan may be
amended only by resolution of the Village Board following a positive
recommendation from the Planning Board. For the purposes of regulating
development and use of property after initial construction and occupancy,
all changes to a PUD plan, including, but not limited to, changes
in use, shall be processed as special use permit requests to and decision
by the Planning Board for recommendation to the Village Board. Properties
in a PUD District are unique and shall be so considered by the Planning
Board and Village Board when evaluating these requests, and maintenance
of the intent and function of the PUD District shall be of primary
importance.
The following uses are permitted in Commercial
Districts:
A.
Uses permitted in any residential districts, subject
to all of the provisions specified for such residential districts,
except one-family, two-family and multiple dwellings and boardinghouses,
unless the one-family, two-family or multiple dwellings are located
within a commercial building.
[Amended 1-13-2015 by L.L. No. 1-2015]
B.
Retail stores.
C.
Personal service shops in enclosed buildings.
D.
Banks.
E.
Offices other than those offices permitted in Industrial
Districts.
F.
Indoor theaters.
G.
Restaurants serving patrons within doors only, for
consumption only within the building.
H.
Bus passenger station.
I.
Funeral homes.
[Added 4-26-2005 by L.L. No. 4-2005]
A.
Purpose and intent. The Library District is designed
to provide for the enhancement and expansion of the Manlius Library
on the Village Centre campus on property described in Exhibit A attached
hereto (the "library property").[1] It is also the purpose and intent of this district, in
order to protect the integrity of the adjacent Village Centre, to
ensure that it will not be used for any purpose other than as a not-for-profit
library that is open to the public, independent of any governmental
control, other than the New York State Board of Regents, and under
the control of a locally elected or appointed board, including any
partial or intermittent uses incidental or adjunct to the main usage
for such library purposes, such as for public assembly ("library").
[1]
Editor's Note: Exhibit A is on file in the
Village offices.
B.
The permitted use in the Library District shall be limited to a library and for no other purpose whatsoever and only then upon receipt of approval by the Village Board pursuant to the criteria set forth in §§ 99-27 and 99-37 of this chapter as deemed applicable by the Village Board, with the Planning Board serving in an advisory capacity to provide advice and recommendations to the Village Board.
C.
The Village Board may impose additional requirements
on the use permitted in the Library District, including but not limited
to maximum building height, minimum front, side or rear yards, maximum
lot coverage, parking, loading, landscaping and signage, which, in
its opinion and judgment, are reasonable and necessary to ensure that
the use is not detrimental to the Village of Manlius, its Village
Centre or residents and to preserve the essential character of the
area.
[Added 3-11-1980 by L.L. No. 1-1980]
The uses permitted in Commercial 1 Districts are those uses permitted in Commercial Districts under § 99-12 above.
[Added 3-11-1980 by L.L. No. 1-1980]
The following uses are permitted in Commercial 1 Districts upon the issuance of a special use permit under § 99-27 of this chapter:
A.
All uses permitted in Commercial Districts upon issuance of a special use permit under § 99-15 of this chapter.
B.
Restaurants serving food and beverage for consumption
other than entirely within the building.
[Amended 8-24-1982 by L.L. No. 4-1982]
C.
Drive-through use.
[Added 1-13-1998 by L.L. No. 3-1998]
[Amended 3-11-1980 by L.L. No. 1-1980]
The following uses are permitted in Commercial Districts upon the issuance of a special use permit under § 99-27 of this chapter:
A.
Uses permitted in R-1 and R-2 Districts, upon issuance
of special use permits, including multiple dwellings that are located
within a commercial building.
[Amended 1-13-2015 by L.L. No. 1-2015]
B.
Hotels, motels and tourist homes.
C.
Billiard and pool parlors and bowling alleys.
D.
Municipal buildings other than schools.
E.
Parking garages.
G.
Automotive service station, commercial garage and car wash, subject to regulations imposed by § 99-27C of this chapter.
H.
Motor vehicle sales agencies.
I.
Drive-through use serving retail pharmacy stores and
banks only, provided that any such drive-through shall not be used
to service restaurants or other food or beverage operations.
[Added 1-4-2005 by L.L. No. 2-2005[1]]
[1]
Editor's Note: This local law also redesignated
former Subsection I as Subsection J.
J.
Restaurant brewery (commonly known as a "brewpub"), provided that
it sells 25% or more of its beer for on-site use. Beer is to be brewed
on the premises (not to exceed 5,000 bbl) or at a production facility
of a related entity. This includes the sale of take-home containers
such as kegs, growlers, bottles and cans as may be allowed under federal
and state law.
[Added 9-23-2014 by L.L.
No. 6-2014[2]]
L.
Other commercial uses which, in the opinion of the
Village Board, are in the same general character as those listed as
permitted or specially permitted uses, which will not be detrimental
to the district in which they are located nor to adjacent districts.
[Amended 3-11-1980 by L.L. No. 1-1980]
The following height and area regulations apply
in Commercial and Commercial 1 Districts:
A.
Maximum building height: 35 feet.
B.
No minimum front, side or rear yards shall be required
except where a commercial district adjoins a residential district
or use; in which case, the Planning Board shall establish the setback
(if any), considering the existence and need for buffer plantings
and/or fencing. In all other situations, the setbacks shall conform
to the Commercial District Design Guidelines.[1]
[Amended 1-13-1998 by L.L. No. 3-1998]
[1]
Editor's Note: The Commercial District Design
Guidelines are on file in the office of the Code Enforcement Officer.
A shopping center may be established and maintained subject to the following regulations and subject to the issuance of a special use permit under § 99-27 of this chapter:
A.
Permitted principal uses.
(1)
A store for the sale of goods at retail or performance
of customary personal services or services clearly incident to retail
sales, but no fabrication or manufacturing, except incidental to and
on the same premises with such retail sale, provided that such incidental
fabrication is conducted entirely within a building and does not occupy
more than 20% of the floor area used for business purposes.
(2)
A business, professional or banking office.
(3)
A restaurant, cafe or other place serving food or
beverages for consumption within the building only.
(4)
Restaurants serving food and beverage for consumption other than entirely within the building, subject to the issuance of a special use permit under § 99-27 of this chapter, and subject further to the limitation that the total of all such restaurant uses shall not occupy more than 25% of the floor area of the shopping center in which such restaurant uses are located.
[Added 3-11-1980 by L.L. No. 1-1980]
(5)
Parking lot areas for customers' motor vehicles, but
not for storage of new or used vehicles for sale or hire.
(6)
Other commercial uses which, in the opinion of the
Village Board, are in the same general character as those listed as
permitted uses, which will not be detrimental to the district in which
they are located nor to adjacent districts.
C.
Height and area regulations.
(1)
Maximum building height: 35 feet.
(2)
Minimum lot area: two acres.
(3)
Maximum lot coverage: 20%.
(4)
Minimum yards.
(a)
Front: 35 feet, except where parking is permitted
in the yard space, in which case the yard shall be 75 feet.
(b)
Side: equal to the height of the principal building,
except 25 feet if the yard space is used as a vehicular access route;
75 feet if the yard abuts a residential district, in which case the
twenty-foot portion of such yard adjacent to the residential district
shall be maintained as a landscaped buffer strip.
(c)
Rear: 30 feet in depth, except that where the
rear lot line abuts any lot or land area in a residential district,
it shall be at least 75 feet in depth, and the twenty-foot strip adjoining
such residential district shall be maintained as a landscaped buffer
area.
The following uses are permitted in Industrial Districts, subject to the provisions of § 99-19B below:
The following uses are permitted in Industrial Districts subject to issuance of a special use permit under § 99-27 of this chapter:
A.
Other uses which, in the opinion of the Village Board,
are in the same general character as those listed as permitted uses,
which will not be detrimental to the district in which they are located
nor to adjacent districts.
