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.

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.

Parking Requirements:

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.

Apartment(s)

Parking Requirements:

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.

Appliance repair shops

Parking Requirements:

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

Parking Requirements:

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.

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.

Parking Requirements:

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

Barbershops

Parking Requirements:

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

Parking Requirements:

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.

Parking Requirements:

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.

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.

Parking Requirements:

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

Parking Requirements:

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, § 155-27: Special use permits; application; procedure; fees., 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.

Churches

Parking Requirements:

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.

Parking Requirements:

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.

Parking Requirements:

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.

Parking Requirements:

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, § 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.

Convalescent homes

Parking Requirements:

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, § 155-27: Special use permits; application; procedure; fees., 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.

Day-care center

A structure used to provide care for children away from their homes, for less than 24 hours a day, whether in a home, a day nursery or other place operated by an individual, an association, corporation, institution or agency for such purpose, for compensation or otherwise as set forth in a duly issued license by the State of New York for child care services. Day-care centers shall also have the right to provide accessory services pursuant to a duly issued accessory use permit issued by the Planning Board.

Parking Requirements:

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

Development Requirements:

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

Decorator

Parking Requirements:

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.

Department stores

Retail establishments with associated drive-through services and/or associated outdoor display of goods.

Parking Requirements:

For retail stores, 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:

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

Dog Kennel

Includes any place or premises where dogs are kept for the commercial purposes customarily associated with a kennel, including, without limitation, such activities as breeding, boarding, grooming or training.

Parking Requirements:

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

Dressmaker and/or tailoring

Parking Requirements:

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.

Drive-through

An accessory use which, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service or obtain a product while remaining in a motor vehicle and may include drive-in outdoor theaters, fast-food establishments, banks and similar uses.

Development Requirements:

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

Drug stores

Retail establishments with associated drive-through services and/or associated outdoor display of goods.

Parking Requirements:

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

Development Requirements:

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

Dry cleaners

Personal service stores and businesses providing similar services.

Parking Requirements:

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

Development Requirements:

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

Dumps

Development Requirements:

Dumps of rubbish and other waste shall be permitted only on land designated as a "dump" or on the two "proposed dump areas" on the Zoning Map and on other land in the Industrial and Restricted Agricultural Districts upon such conditions as the Town Board may impose in the interest of public safety, health and welfare and after a special permit is issued pursuant to Article IV, § 155-27.

Educational facility

Parking Requirements:

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

Development Requirements:

Pursuant to § 155-28: Site plan review. of this chapter.

Farm and construction equipment distributors

Parking Requirements:

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

Development Requirements:

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

Farmer's market

Parking Requirements:

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

Farms, farm structures and farming

Includes and means any activity customarily carried on upon a farm, except where the farming is conducted in a residential district as a nonconforming use, in which case the uses to which such property may be put shall be confined to the farm activities and uses for which the property is being used at the time of the effective date of this chapter.

Parking Requirements:

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

Development Requirements:

See § 155-12: Restricted Agricultural Districts (R-A). for more information.

Finance/banks

Parking Requirements:

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

Development Requirements:

Pursuant to § 155-28: Site plan review. of this chapter.

Fuel Stations

Parking Requirements:

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

Development Requirements:

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

Funeral home/mortuary

Parking Requirements:

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

Development Requirements:

Pursuant to § 155-28: Site plan review. of this chapter.

Game rooms

Places of entertainment.

Parking Requirements:

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

Development Requirements:

Pursuant to the granting of a special permit pursuant to Article IV, § 155-27.

Golf courses, public or private

Parking Requirements:

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

Development Requirements:

R-A District - 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: Special use permits; application; procedure; fees, of this chapter.

Government facilities

Parking Requirements:

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

Development Requirements:

Pursuant to § 155-28: Site plan review. of this chapter.

Greenhouses

GREENHOUSE

(1) RESIDENTIAL - An accessory structure typically enclosed with glass, plastic or similar translucent materials within which agricultural or horticultural products are grown for personal or noncommercial use.

(2) COMMERCIAL - A primary use structure typically enclosed with glass, plastic or similar translucent materials within which agricultural or horticultural products are grown for retail or wholesale sale, and which includes appropriate areas for parking, loading and storage, office and customers.

(3) FARM STAND - An incidental and subordinate activity of a farm, nursery or greenhouse involving a building or lot or portions of a building or lot used for the seasonal retail sale of agricultural or horticultural products.

Parking Requirements:

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, § 155-27: Special use permits; application; procedure; fees., 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.

Grocery stores

Retail establishments with associated drive-through services and/or associated outdoor display of goods.

Parking Requirements:

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

Development Requirements:

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

Home occupations

Any occupation or a profession which is carried on in a dwelling unit or a building or other structure accessory to a dwelling unit; and is carried on solely by a member of the family residing in the dwelling unit; and is clearly incidental and accessory or secondary to the use of the dwelling unit for residential purposes. In particular, a "home occupation" may include but is not limited to the following: home crafts, art studio, dressmaking, teaching (with musical instruction limited to a single pupil at a time) and the professional office of a dentist, physician, lawyer, engineer, architect or accountant, real estate broker and an insurance salesman within a dwelling occupied by the same.

Parking Requirements:

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

Development Requirements:

Subject to the receipt of an accessory use permit pursuant to Article IV, § 155-29: Accessory use permits; application; fees, of this chapter.

Homes for elderly adults

Parking Requirements:

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, § 155-27: Special use permits; application; procedure; fees., 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.

Hospices

Parking Requirements:

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

Development Requirements:

R-3 District - Upon special permit of the Town Board pursuant to Article IV, § 155-27: Special use permits; application; procedure; fees., 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.

Hospitals

Parking Requirements:

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, § 155-27: Special use permits; application; procedure; fees., 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.

Hotels

Parking Requirements:

One parking space shall be provided for each sleeping unit

Development Requirements:

Shall be permitted with site plan approval pursuant to Article IV, § 155-28: Site plan review

Indoor theaters

Places of entertainment.

Parking Requirements:

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

Development Requirements:

Pursuant to the granting of a special permit pursuant to Article IV, § 155-27.

Junkyards

A place where there is an actual or intended accumulation of any of the following: scrap, garbage, debris, junk vehicles and equipment, landfill materials and like materials, whether said materials are intended or not intended for resale.

Development Requirements:

A. Junkyards. Junkyards are permitted only in Industrial Districts, as provided in the regulations pertaining to the uses in the Industrial Districts.

B. Abandoned motor vehicles. Storage of one or more castoff, unusable or abandoned motor vehicles or parts thereof on the open grounds outside of enclosed structures or approved enclosures shall be regarded as use of the property for a dump or junkyard, if such storage extends for a period of time in excess of one month.

C. Other restrictions on storage of motor vehicles.

(1) Definitions. Definitions shall be as follows:

MOTOR VEHICLE - For purposes of this section, defined as so defined in the Vehicle and Traffic Law of the State of New York.
VIOLATOR - An owner or a person or corporation to whom exclusive possession of property has been demised by the owner, who violates or permits violation of the provisions of this section on property owned by him or over which he has the legal right to exclusive possession and control.

(2) Restrictions. Open storage of motor vehicles shall be permitted on any one parcel of private property shown on the tax map for the Town, consonant with the following restrictions:

(a) Licensed motor vehicles. Unrestricted open storage is permitted unless violative of one or more of the other provisions of this chapter or any other provision of this Code and done in such a manner as to not create a public nuisance.
(b) Operative but unlicensed motor vehicles, including specialty motor vehicles which are inoperative. Operative but unlicensed motor vehicles, including specialty motor vehicles which are inoperative, shall be permitted as follows: a maximum of one per tax map parcel in all residential districts, except R-5; one per every 15 dwelling units in R-5 Districts; two per tax map parcel in Residential Shopping Districts; three per tax map parcel in Residential Shopping Districts; three per tax map parcel in Regional Shopping Districts, Commercial Districts and Industrial Districts, except where an increase in the permitted number is approved by the Planning Board upon application by the owner of the property and the showing of special circumstances at a public hearing.
(c) Inoperative motor vehicles. In all zone classifications, except as otherwise specifically provided in this chapter, no open storage of inoperative vehicles is permitted. Open storage of one such motor vehicle may be permitted if approved by the Planning Board upon application by the owner of the property and upon the showing of special circumstances at a public hearing.

(3) General provisions.

(a) Upon failure to remove or cause to be removed a motor vehicle stored in violation of this section within seven days after receipt of notice of violation from the Codes Enforcement Officer, the violator shall be subject to the penalties and remedies hereinafter provided.
(b) All special permit applications approved by the Planning Board after a public hearing pursuant to the provisions of Subsection C(2) of this section, entitled "Restrictions," must be ratified by the Town Board before the Town Clerk shall be empowered to issue any such permit.
(c) No provisions of this subsection shall be construed to authorize activities or land use which would violate any other section of this chapter or any other provision of this Code.

Landing fields

Town of Manlius, NY

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