Town of Manlius - Land Uses

Accessory structures or land uses

A building or use clearly incidental or subordinate to and used in connection with a dwelling and located on the same lot therewith.

Districts Where Allowed Districts where use is allowed as an accessory use C-A C-B I NS R-1 R-2 R-3 R-4 R-5 RA RM RS R-T

Development Requirements:
R-5 District - 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.

Adult Use

Those uses which prohibit minors due to their age. Adult bookstores and video stores are included within this definition to the extent that a substantial or significant portion of their stock-in-trade consists of books, magazines, other periodicals, films, slides and videotapes, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

Districts Where Allowed Districts where use is allowed C-B I

Vehicle Parking:
See § 155-31: Off-street parking and loading facilities for more information.

Development Requirements:
Adult uses shall be allowable in Commercial B or Industrial Districts upon review and site plan approval from the Planning Board, subject to the following:

A. Purposes and considerations.

(1) In the execution of this ordinance it is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.
(2) It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town of Manlius.
(3) These special regulations are itemized in this section to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT USES - Those uses which prohibit minors due to their age. Adult bookstores and video stores are included within this definition to the extent that a substantial or significant portion of their stock-in-trade consists of books, magazines, other periodicals, films, slides and videotapes, and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

C. Location and regulation of adult uses.

(1) No adult use establishment may be located within a radius of 250 feet of any area zoned R-1, R-2, R-3, R-4, R-5, R-M, R-A, N-S, RSD and/or CA, or any property that is utilized for residential purposes.
(2) No adult use establishment may be located within a radius of 1,000 feet of any area where youth may regularly assemble, including, but not limited to, a school, nursery school, day-care facility, library, church or other place of religious worship, community center, park, playground, recreational area or field.
(3) No adult use establishment may be located within 250 feet of any other adult use establishment.
(4) The sale, serving or consumption of alcohol shall be prohibited within or from any adult use establishment.
(5) No adult use establishment shall be located within 250 feet of an establishment where alcohol is sold, served or consumed.
(6) No adult use establishment shall operate after 2:00 a.m.
(7) All distances set forth in this section shall be measured from property line to property line. All separation requirements shall be maintained from established uses, whether inside or outside Town of Manlius boundaries.
(8) No more than one of the adult uses as defined above shall be located on any lot.
(9) Any and all booths, cubicles, studios and rooms for the private viewing of adult motion pictures and/or live performances or areas shall be open to public view from the common area of the adult use establishment. There shall not be any doors, curtains, blinds or other structures or devices that shall impede observation of the entire area of such private viewing areas from the common area of the adult use establishment.
(10) Private viewing areas must be well lighted and readily accessible at all times and shall continually be open to view.
(11) Lighting throughout an adult use establishment shall be sufficient to illuminate every place to which patrons are permitted access.
(12) Exterior windows on adult use establishments may be opaque but not blackened or boarded.
(13) The exterior appearance of adult use establishments shall be regulated by the Planning Board during the site plan review process pursuant to § 155-28 of the Code of the Town of Manlius.

D. Waiver of restrictions. The restrictions enumerated herein may be waived by the Town Board if the applicant shows and the Board finds that the following conditions have been met:

(1) That the proposed use will not be contrary to the public interest or injurious to nearby properties and the spirit and intent of this section will be observed; and
(2) That the establishment of an additional use of the type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential.

E. Amortization. By amortization, the right to maintain a legal nonconforming use shall terminate in accordance with the following schedule:

Amount of Capital Investment As of the Effective Date of this Section	Date Before Which Use Shall Terminate
0 to $5,000	January 1, 2001
$5,001 to $8,000	January 1, 2002
$8,001 to $15,000	January 1, 2003
$15,001 to $22,000	January 1, 2004
$22,001 or more	January 1, 2005

NOTE: The term "capital investment," as used above, is defined to mean the initial outlay by the owner or operator of the use to establish the business as of the date of the enactment of the section, exclusive of the fair market value of the structure in which the use is located.

Animal hospitals

Apartments for residential use

Districts Where Allowed Districts where use is allowed as an accessory use RM R-T

Vehicle Parking:
See § 155-31: Off-street parking and loading facilities for more information.

Appliance repair shops

Districts Where Allowed Districts where use is allowed C-A C-B I NS RS

Vehicle Parking:
See § 155-31: Off-street parking and loading facilities for more information.

Development Requirements:
Pursuant to Article IV, § 155-28: Site plan review.

Art studio

Artisan, maker

Establishments primarily engaged in the on-site production of goods by hand manufacturing involving the use of tools and small-scale equipment. Activities do not involve the creation of noxious by-products. Examples include artist, woodworker, crafter, baker, jeweler, and potter.

Districts Where Allowed Districts where use is allowed C-A C-B I NS RS

Vehicle Parking:
See § 155-31: Off-street parking and loading facilities for more information.

Bakery

Districts Where Allowed Districts where use may be allowed with Special Use Permit RM

Vehicle Parking:
See § 155-31: Off-street parking and loading facilities for more information.

Barbershops

Districts Where Allowed Districts where use is allowed C-A C-B I NS RS

Vehicle Parking:
One parking space for each 200 square feet of total floor area.

Development Requirements:

Pursuant to Article IV, § 155-28: Site plan review.

Beauty parlors

Districts Where Allowed Districts where use is allowed C-A C-B I NS RS

Vehicle Parking:
One parking space for each 200 square feet of total floor area.

Development Requirements:

Pursuant to Article IV, § 155-28: Site plan review.

Bed-and-breakfast

An owner-occupied house rented for transient tourist occupancy, with the utilization and arrangement of space within the building providing common areas such as kitchen, dining room, living room, parlors, dens and hallways for the common use by guests, but otherwise similar to that of a single-family residence.

Districts Where Allowed Districts where use is allowed as an accessory use R-1 R-3 R-4 R-5 RA RM R-T

Vehicle Parking:
See § 155-31: Off-street parking and loading facilities for more information.

Development Requirements:
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.

R-5 District - 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.

Cannabis retail dispensary

Any commercial operation licensed by the New York State Office of Cannabis Management which exists in a fixed location and which sells to the public cannabis products or cannabis-infused products in compliance with the provisions of the New York State Cannabis Law (and any other applicable laws now or hereafter in existence). Cannabis retail dispensaries may not sell tobacco products absent authorization by state and local law and requisite permitting. A cannabis retail dispensary does not include an on-site cannabis consumption establishment.

Districts Where Allowed Districts where use may be allowed with Special Use Permit R-T

Vehicle Parking:
Parking shall be provided for all vehicles used in the business, plus one parking space for each 100 square feet of total floor area for the first 5,000 square feet and one parking space for each 200 square feet of total floor area over 5,000 square feet.

Development Requirements:
This use as set forth below and other uses of a substantially similar kind, upon approval of a combined site plan and special use permit pursuant to Article IV, §§ 155-27 and 155-28, provided that such uses are confined to buildings existing on the effective date of this amendment:

(a) Retail sales, including grocery stores, pharmacies, department stores, specialty shops and shops for the sale of general merchandise, including cannabis retail dispensaries.

See also § 155-20.1B(2)(m) for more detailed information.

Care home

A structure occupied as a temporary or permanent residence by three to eight persons and which is either designed principally for housing for the aged where specific age limits are prescribed by public or private regulatory or administrative agencies, irrespective of the need for custodial care and/or supervision on the premises, or which is designed for occupancy by persons who, by reason of chronic illness, handicap, age, senility, convalescence or infirmity, are dependent upon varying amounts of custodial care and/or supervision. This term shall include, by way of illustration and not limitation, nursing homes, rest homes and homes for prenatal care and convalescence. This term shall not include hospitals, clinics, mental health facilities or similar institutions devoted primarily to the diagnosis and/or treatment of disease or injury.

Districts Where Allowed Districts where use is allowed as an accessory use RM R-T Districts where use is allowed C-A C-B Districts where use may be allowed with Special Use Permit R-3 R-4 RA

Vehicle Parking:
See § 155-31: Off-street parking and loading facilities for more information.

Development Requirements:
Upon approval of a combined site plan and accessory use permit (requiring the fee for site plan only) pursuant to Article IV, § 155-28: Site plan review. and § 155-29: Accessory use permits; application; fees.

Cemeteries

Districts Where Allowed Districts where use may be allowed with Special Use Permit R-3 R-4 RA

Vehicle Parking:
See § 155-31: Off-street parking and loading facilities for more information.

Development Requirements:
R-3 District & R-4 District - Upon special permit of the Town Board pursuant to Article IV: Special Regulations, § 155-27: Special use permits; application; procedure; fees, and upon such conditions as the Town Planning Board may impose in the interest of public safety, health and welfare.

Churches

Districts Where Allowed Districts where use is allowed C-A C-B I R-3 R-4 RA RS

Vehicle Parking:
See § 155-31: Off-street parking and loading facilities for more information.

Development Requirements:
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: Site plan review.

Commercial storage

A warehouse use which is a storage option utilized for a business use as opposed to an individual or personal use, and which use includes fulfillment and delivery of products to an ultimate consumer, but not including self-storage facilities.

Districts Where Allowed Districts where use is allowed C-B I Districts where use may be allowed with Special Use Permit C-A

Vehicle Parking:
See § 155-31: Off-street parking and loading facilities for more information.

Community centers

Includes a public or private meeting hall, place of assembly, museum, art gallery, library, place of education or church not operated primarily for profit.

Districts Where Allowed Districts where use is allowed C-A C-B I R-3 R-4 RA RS

Vehicle Parking:
See § 155-31: Off-street parking and loading facilities for more information.

Development Requirements:
R-3 District - 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: Site plan review.

Congregate-care services

A facility used for the treatment and/or care of people, including, for example, nursing homes, day-care centers, and residential care facilities.

Town of Manlius, NY

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