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.

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

Appliance repair shops

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.

Bakery

Barbershops

Beauty parlors

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

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.

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.

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.

Districts Where Allowed 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:
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

Districts Where Allowed 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:
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.

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.

Decorator

Department stores

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

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.

Dressmaker and/or tailoring

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.

Drug stores

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

Dry cleaners

Personal service stores and businesses providing similar services.

Dumps

Districts Where Allowed Districts where use may be allowed with Special Use Permit: I, RA

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

Farm and construction equipment distributors

Farmer's market

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.

Finance/banks

Fuel Stations

Funeral home/mortuary

Game rooms

Places of entertainment.

Gathering places

Building centers or facilities which have the primary purpose of assembling members of the community for recreational, spiritual, educational, and charitable services.

Golf courses, public or private

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

Vehicle Parking:
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

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.

Districts Where Allowed Districts where use is allowed: C-B, I, NS, RS 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.

Grocery stores

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

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.

Homes for elderly adults

Districts Where Allowed 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:
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.

Hospices

Hospitals

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.

Hotels

Indoor entertainment facilities

Indoor theaters

Places of entertainment.

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.

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

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

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

Landscaping business

A lot configured for the primary use as a business concern which may operate to construct, install and maintain lawns, trees, yards, shrubs, gardens, patios, related grounds and other outdoor areas which are owned by others.

Laundromats

Personal service stores and businesses providing similar services.

Libraries, public

Lumberyards

Manufacturing, heavy

The production of products for use or sale, using labor, machines, tools, and chemical or biological processing or formulation; most involving industrial design, in which raw materials from primary industry are transformed into finished goods on a large scale.

Manufacturing, light

A business where all processing, fabrication, assembly, or disassembly of items takes place wholly within an enclosed building. Typical items include, but are not limited to, apparel, home accessories, food, jewelry, instruments, computer, and electronic devices. Activities do not involve the creation of noxious by-products.

Mobile home

A movable unit, with or without wheels, whether on a foundation or rigid support, capable of being used year round for living quarters and not built to the New York State Uniform Fire Prevention and Building Code one-family dwelling regulations. A "mobile home" shall contain not less than 600 square feet of floor area. A prefabricated, sectional or modular dwelling built to the New York State Uniform Fire Prevention and Building Code one-family regulations shall not be considered a "mobile home."

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

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

Development Requirements:
A. Mobile home camps or mobile home parks are hereby prohibited in all zoning districts in the entire Town of Manlius outside of the incorporated Villages of Fayetteville, Manlius and Minoa. Individual mobile homes on sites conforming to this section shall be permitted in Restricted Agricultural (R-A) Districts only after the issuance of a mobile home permit by the Town Board as enumerated in this section.

B. Skirts, weather breakers, canopies and additions.

(1) Each mobile home owner shall be required to enclose the bottom portion of the mobile home with either a metal or wood skirt or use other durable material for the skirt, properly ventilated, within 60 days after approval of mobile home on site.
(2) A weather breaker, commercial or to conform to mobile home exterior, not to exceed 36 square feet shall be allowed at one entrance to the mobile home.
(3) A canopy on one side of the mobile home and open on three sides shall be allowed.
(4) Additions or additional structures added or affixed or used in connection with or as part of a mobile home shall not exceed a maximum aggregate of 200 square feet of floor space.

C. Driveways, road cuts. The appropriate approval from the authorized agency or department is required.

D. Requirements for a mobile home permit. The placement or replacement of a mobile home shall require compliance with the following standards and procedures:

(1) Any mobile home hereinafter permitted in the Town of Manlius shall be for the personal use and occupancy of the applicant and his immediate family, and the permit shall lapse and be invalid when such use and occupancy ceases.
(2) The applicant must be the owner in fee of the property on which a mobile home is to be placed.
(3) Approval shall be granted only after review and action by the Town Board following a public hearing.
(4) Each mobile home site shall be restricted to one mobile home.
(5) The Town Board must determine prior to the issuance of any mobile home permit that:

(a) The application conforms to the requirements of this chapter.
(b) The proposal will not create any significant adverse or detrimental effects on the surrounding neighborhood.
(6) Any mobile home approved for use in the Town of Manlius must conform to the requirements of the New York State Uniform Fire Prevention and Building Code.

E. Procedures for application for mobile home permit.

(1) A preliminary application for a permit must be obtained from and filed with the Town Clerk. The application and the filing fee are nonrefundable subsequent to publication and public hearing and will be retained by the Town Clerk. The applicant must pay the uniform application fee which will be set by the Town Board. In addition, the applicant will pay all costs of publication. The license fee shall be as established by the Town Board.
(2) A survey must be enclosed with said application and must contain:
(a) A legal description of the property on which the proposed mobile home will be located.
(b) A general sketch plan of the proposed site, including the location of the mobile home and service facilities and private garage, if any.
(c) Abutting property owners and present use of such property.
(d) Proposed access and ingress routes.
(e) Any unusual special land features, such as streams, creeks, areas subject to flooding and areas of steep slopes in excess of 15°.
(3) The application, when completed, filed and the fee deposited, will be forwarded to the Town Board for a public hearing on five days' notice.
(4) A certificate of occupancy is to be obtained prior to occupancy of the unit.
(5) Notwithstanding any other provision of this chapter, the owner of any property in the Town of Manlius for which a mobile home permit has heretofore been granted may apply for renewal of said mobile home permit. The use of property pursuant to a mobile home permit that was permitted prior to the adoption of this chapter will not be specifically prohibited; subject, however, to all other provisions of this chapter relating to nonconforming uses. Any such application will be considered on its merits pursuant to the standards and procedures of this section of this chapter and all other applicable laws and regulations.

F. Minimum size requirements for mobile homes.

(1) Any mobile home on an individual site shall contain no less than 600 square feet of living space.
(2) A mobile home site shall conform to the area, frontage and front, rear and side yard requirements as found in the Restricted Agricultural District R-A.

G. Sanitary facilities.

(1) General requirements for water. An adequate supply of water shall be provided for the mobile home. Where public water is available, connection shall be used exclusively unless local authorities deem otherwise. If a public water supply system is not available, the development of a private water supply system shall be approved by the health authority and other authorities having jurisdiction thereof.
(2) General requirements for sewers.

(a) An adequate and approved system shall be provided on the site for conveying and disposing of sewage from the mobile home. Such systems must be designed, constructed and maintained in accordance with Department of Health standards and regulations. An approved plan by the County Health Department must be submitted prior to issuance of the permit or occupancy of the unit.
(b) Garbage and refuse. Each mobile home owner shall make provisions for sanitary equipment to prevent littering of the grounds and premises with rubbish, garbage and refuse. Each mobile home shall have containers with tightly fitting covers. Regular disposal shall be provided for all rubbish, trash and garbage.

H. General requirements for the electrical distribution system and individual electrical system. All wiring fixtures and connections of the site must have the approval of the New York Board of Fire Underwriters and the local electrical power company or other authority designated by the Town of Manlius, New York.

I. Fuel supply and storage.

(1) General requirements for fuel oil supply system. All fuel oil supply systems provided for a mobile home shall be installed and maintained in conformity with the rules and regulations of the authority having jurisdiction where provided.
(2) Specific requirements.

(a) All fuel oil tanks shall be hidden from view.
(b) Supports or standards for fuel storage tanks are to be of a noncombustible material.

(3) Natural gas supply.

(a) The natural gas piping systems installed to the mobile home shall be maintained in conformity with accepted engineering practices.
(b) Each mobile home site provided with piped natural gas shall have an approved shutoff valve and cap to prevent accidental discharge of gas.

(4) Liquefied gas supply.

(a) Such system shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location.
(b) Systems shall have at least one accessible means of shutting off gas. This means shall be located outside of the mobile home.
(c) All liquid propane gas facilities shall be well supported and protected against mechanical injury and hidden from view.

J. Temporary or emergency permits.

(1) The Town Board may, in its discretion, waive certain requirements of this section and allow the installation of a mobile home under the following circumstances.

(a) Emergency. Should a principal residence be destroyed or be found unfit for occupancy due to causes beyond the control of the owner, such as fire, flood or other act of God.
(b) Temporary. Should the owner of a working farm require housing for a tenant employed by the owner, which housing is part of the consideration for such employment.

(2) Permits granted hereunder shall not exceed one year in duration and shall be subject to Subsection J(1) hereof, notwithstanding Subsection D(5) and Subsection F of this section.

Multiple-family dwelling

A building designed as a residence for or used as living quarters by three or more families living independently of each other and all quarters and amenities owned by the same person.

Districts Where Allowed Districts where use is allowed: R-5

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

Development Requirements:
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.

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.

Municipal buildings

Nursing homes

Districts Where Allowed 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:
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.

Office of a recognized profession

Offices of physicians, surgeons, dentists, lawyers, architects, engineers, planners, real estate agents, public stenographers, mailing service without presses, telephone answering services or member of other recognized professions.

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

Vehicle Parking:
One parking space shall be provided for each 300 square feet of total floor area

Development Requirements:
R-1 District, R-2 District, R3 District & R-4 District- 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.

See Article III: District Regulations for specific information.

Offices of religious and educational institutions

Outdoor storage of vehicles

A lot used by a vehicle dealer exclusively for the storage of motor vehicles that are not located on the same lot as the vehicle dealership, and which lot is not accessible to or used by customers.

Outdoor theaters

Parish house and other places of worship

Parking lot or garage, public

A plot or parcel of land or building owned and/or leased by this Town and/or any public parking district established by the Town, not including highways upon or within which the parking of vehicles is regulated by signs and/or parking meters.

Parks

Parks and trails

Parks, playgrounds or recreational grounds

An area of land located within a development which is open to the public and devoted to active or passive recreation.

Personal service establishments

An establishment that provides care, advice, aid, maintenance, repair, treatment, or assistance, not including the practice of a profession or retail sale of goods. Examples include, but are not limited to, appliance repair, beauty shops and barbershops, instructional and tutoring services, karate/music studios, laundromats, massage therapy, nail salons, personal training/yoga,,tanning salons, tailors, tattoo and piercing parlors, shoe cleaning or repair shops, and dry-cleaning pickup and dropoff shops.

Pet-care services

Establishments primarily engaged in grooming, training and/or boarding services for pets, not farm animals. Uses may include dog kennels, pet day care and animal shelters.

Pharmacies

Photographer

Places of entertainment

Establishments which deliver services to people of an entertainment nature, generally in group settings, such as theaters, bowling alleys, skating rinks, event spaces, miniature golf, arcades, and pool halls.

Playgrounds

Private garage

A noncommercial garage building in which not more than four vehicles may be stored and whose height will not exceed 17 feet.

Districts Where Allowed Districts where use is allowed as an accessory use: R-1, R-2, R-3, R-4, R-5, RA, RM, R-T

Development Requirements:
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.

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.

Private stable

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 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.

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.

Professional offices

Professional, executive, management, or administrative offices of private organizations, government agencies, religious or educational institutions. Examples include medical practices, administrative services, legal, accounting, and architectural firms.

Public utility structures

Pumps, substations, towers, antennas and similar infrastructure for public benefit. They shall not contain offices or have any outdoor storage of materials. No employees will be on site full time. All such structures shall be subject to conditions as the Planning Board may impose to preserve and protect the character of the neighborhood.

Districts Where Allowed Districts where use may be allowed with Special Use Permit: I, RA

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

Development Requirements:
R-A District - 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.

Quarrying, excavation and removal of topsoil, sand, gravel and other earthen materials

Recreational and entertainment facilities, indoor

Recreational grounds

Recreational vehicle sales

A lot used by a vehicle dealer for the sale of motor homes, recreational vehicles and campers, which lot includes a principal building, and which lot is intended to be visited by customers.

Religious establishments

Churches, parish houses and other places of worship

Repair garages

Restaurants (including fast food)

Including coffee houses, fast food, fast casual, casual and fine dining.

A building or portion thereof utilized for the sale, preparation and/or consumption by the public on and/or off the premises of food and/or beverages, including alcohol. Restaurants include industry-recognized subcategories of fast food, coffee house and fast casual that typically include counter or take-out service as well as casual and fine dining at which patrons are served at a table.

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

Vehicle Parking:
One parking space shall be provided for each five seats, except that where customers are served in their cars, parking shall be provided sufficient to accommodate the projected number of customers during the periods of highest use.

Development Requirements:
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: Special use permits; application; procedure; fees.

Restaurants (not including fast food)

Including coffee houses, fast casual, casual and fine dining but not including fast food.

A building or portion thereof utilized for the sale, preparation and/or consumption by the public on and/or off the premises of food and/or beverages, including alcohol. Restaurants include industry-recognized subcategories of fast food, coffee house and fast casual that typically include counter or take-out service as well as casual and fine dining at which patrons are served at a table.

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

Vehicle Parking:
One parking space shall be provided for each five seats, except that where customers are served in their cars, parking shall be provided sufficient to accommodate the projected number of customers during the periods of highest use.

Development Requirements:
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: Special use permits; application; procedure; fees.

This use includes coffee houses, fast casual and fine dining but not including fast food, as determined by the Planning Board.

Retail sales

A commercial enterprise that provides goods directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the consumer. Examples include, but are not limited to, apparel shops, appliance sales, auto parts stores without service, bookstores, department stores, factory outlet stores, florists, gourmet/specialty food stores, grocery stores, and similar consumer goods.

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

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:
R-M District:
Notwithstanding the definition of "retail sales" in § 155-3B, only small-scale retail, with a maximum retail use of 50% of an existing building.

See also § 155-20.1B(3)(a) for more detailed information.

Rural occupation

An occupation which is carried on in a dwelling unit or on or from a property where a dwelling unit exists, provided that the occupation is carried on by the owner of the property or a member of the owner's family. The person engaged in the occupation must reside in the dwelling unit, and the "rural occupation" must be clearly incidental and accessory or secondary to the use of the property and/or dwelling unit for residential purposes. In particular, a "rural occupation" may include but is not limited to the following: mechanical and/or repair work, engine repair, appliance repair, stands for the sale of baked goods, home crafts or nursery merchandise, small-scale off-site construction, driveway installation or repair and similar low-intensity construction businesses, landscaping enterprises, delivery services, beauty parlors and small, low-intensity businesses of a similar nature. A "rural occupation" shall not include, among other things, restaurants, parking lots, drive-in retail fuel stations or open storage of inoperative motorized equipment.

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

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

Development Requirements:
Only after the issuance of a special permit pursuant to Article IV: Special Regulations, § 155-27: Special use permits; application; procedure; fees, 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 Planning 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.

Sale of products raised or produced only on the farm itself

Districts Where Allowed Districts where use is allowed: RA

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

Development Requirements:
The sale of farm products (either in original form or processed into a product, excluding livestock), including cannabis, which the Code Enforcement Officer is authorized to approve with an operating permit pursuant to Chapter 59 of the Town Code if there are no permanent alterations to the exterior of existing building(s) and such retail sales will be for less than 30 consecutive days. All sales of farm products under an operating permit shall follow all signage requirements under § 155-26. Under no circumstances shall more than three operating permits be issued for a specific site in any calendar year.

Schools, public or private

Self-storage facility, indoor

A building with outdoor access to an internal common area, as opposed to outdoor access to individual storage units. The interior space may be configured as parking spaces for cars and boats, fenced cages, or individual secure rooms.

Self-storage facility, outdoor

A building or buildings with multiple doors for access to individual storage units from the outdoors.

Septic system

Districts Where Allowed Districts where use is allowed: R-1, RA

Development Requirements:
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.

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.

Service and sales establishments

Shoe repair shops

Personal service stores and businesses providing similar services.

Shops for the sale of general merchandise

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

Signs, permanent

Any letter, figure, character, mark, plane, point, marquee sign, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter, or illuminated service, which shall be constructed, placed, attached, painted, erected, fastened, or manufactured in any manner whatsoever, so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise, whatsoever, which is displayed in any manner whatsoever outdoors.

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

Development Requirements:
A. Intent. No signs shall be permitted in any district except as specifically permitted herein as follows or in other sections of this chapter.

B. General. No signs shall be attached to fences, trees, utility poles, traffic signs, guide rails, or similar objects, nor placed in a public street or right-of-way, or in positions that will obstruct or impair vision or traffic, or in any manner create a hazard or disturbance to the health and welfare of the general public.

C. Signs allowed without a building permit. Signs in all districts. The following signs are permitted when located on the same plot or lot as the principal use of the advertiser without a building permit:

(1) One professional or home occupation sign, not exceeding two square feet, affixed to the building, after the granting of an accessory use permit.
(2) Signs identifying any nonresidential building or use permitted in residential districts, not exceeding a total of four square feet, provided that such signs are affixed to the building.
(3) Directional or information sign, not exceeding four square feet per face or four feet in height.
(4) Signs necessary for public safety or welfare, not exceeding four square feet per face, but this subsection shall not include commercial signs.

D. Signs requiring a building permit.

(1) Wall-mounted signs. Such sign shall be affixed to the building and shall not exceed 5% of the building facade or 100 square feet, whichever is less, shall not exceed the building height limitation for the district in which it is located and shall not exceed the highest point of the building's roof. Such signs may be allowed only upon the issuance of a building permit from the Department of Planning and Development.
(2) Freestanding signs. Such signs shall be reviewed and may be permitted by the Planning Board during the subdivision and/or site plan process, or such signs may be permitted by the Department of Planning and Development after the issuance of a building permit, subject to the following conditions:

(a) No freestanding sign shall be more than 16 square feet per face.
(b) No freestanding sign shall be higher than six feet from the existing or natural ground level directly beneath the proposed sign.
(c) All freestanding signs shall include the address number of the property.
(d) All freestanding signs shall fit with the existing character of the neighborhood and similarly situated signs. In determining whether a freestanding sign fits within the character of the neighborhood, the Planning Board or the Department of Planning and Development, as the case may be, shall review, but not be limited to, the following considerations:

[1] Color scheme;
[2] Lettering;
[3] Material;
[4] Design;
[5] Content in relation to business;
[6] Letter size;
[7] Logo size;
[8] Support posts or base;
[9] Lighting;

E. Computation of a permissible sign area. When computing the total permissible sign area for any use, the following shall apply:

(1) Existing signs shall be included.
(2) The total area of all signs shall not exceed the requirements as set forth in this chapter.
(3) Signs consisting of freestanding letters, numerals or other devices shall include any intervening spaces between them.
(4) Back-to-back signs may be counted as one sign with only the larger face area to be used.
(5) Only the larger face area of a double-faced or V-type sign shall be used.

F. Traffic hazard, safety and obstruction. Every sign shall be designed and located in such a manner as to:

(1) Not impair public safety.
(2) Not restrict clear vision between a sidewalk and a street.
(3) Not be confused with any traffic sign or signal.
(4) Not prevent free access to any door, window or fire escape.

G. Illuminating and flashing signs.

(1) Illumination of signs shall be allowed by a steady light, either internally or externally, provided that such lighting will not illuminate or reflect onto adjacent or other properties.
(2) Flashing, fading, oscillating and revolving signs shall not be permitted unless necessary for public safety or welfare.
(3) Light emitting diode (LED) display signs, or signs similar in technology as determined by the Code Enforcement Officer, that scroll, move, display animation, or change pictures or script shall be prohibited in the Town of Manlius.

H. Maintenance of signs.

(1) Every sign shall at all times be kept in good appearance and shall be maintained in a safe and structurally sound condition. Signs that do not comply with adequate safety standards or pose a traffic concern shall be removed at the property owner's expense.
(2) Signs must be regularly maintained including replacement of worn parts, painting and cleaning, and all lights shall be operating or turned off.

I. Sign face changes. Sign face changes such as new face, wording, colors and dimensions shall be allowed upon the issuance of a building permit from the Department of Planning and Development in compliance with this section; minor changes such as new or additional professional employee names or telephone numbers do no require a permit.

J. Existing legal nonconforming signs.

(1) Signs existing before the adoption or amendments of this sign ordinance that are not in compliance with this section may continue to exist for as long as the current business remains in business and the signs are maintained in good condition, as determined by the Department of Planning and Development.
(2) If any changes are made to an existing legal nonconforming sign, the new or changed sign will be allowed upon the issuance of a building permit from the Department of Planning and Development in compliance with this section.

K. Abandoned signs. If a business or sign is abandoned for more than a six-month period it shall be removed and any new sign must comply with this section. Abandonment shall be determined by the Department of Planning and Development, in its discretion.

L. The Code Enforcement Officer shall be vested with the authority to issue sign permits for signs which comply with this section, and to supervise the erection, installation, application, alteration, and shall have the authority to remove or to have removed any sign, whether permanent or temporary, that does not comply with this chapter.

Signs, temporary

Any letter, figure, character, mark, plane, point, marquee sign, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter, or illuminated service, which shall be constructed, placed, attached, painted, erected, fastened, or manufactured in any manner whatsoever, so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise, whatsoever, which is displayed in any manner whatsoever outdoors.

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

Development Requirements:
A. Intent. All signs of a temporary nature, such as commercial and residential real estate signs, political signs, portable A-frame signs, roadside stand signs, garage sale signs, not-for-profit signs, residential contractor signs, and other similar signs shall be considered temporary signs and shall be allowed only in compliance with this chapter. All other signs shall be considered permanent signs requiring Planning Board approval and/or a building permit from the Department of Planning and Development, as set forth in § 155-25, or shall be prohibited. No temporary sign shall be permitted which would otherwise be prohibited.

B. General. No signs shall be attached to fences, trees, utility poles, traffic signs, guide rails, or similar objects, nor placed in a public street or right of way, or in positions that will obstruct or impair vision or traffic, or in any manner to create a hazard or disturbance to the health and welfare of the general public.

C. Commercial real estate signs.

(1) Commercial "For Sale" or "For Rent/Lease" sign. Only one for sale or for rent/lease commercial real estate sign per street frontage not exceeding 16 square feet per face or six feet in height, either freestanding or attached to the building, shall be allowed on the premises. If a freestanding sign, only in-ground posts are allowed. Floating wood footers are not allowed. If the lot is a corner lot, two signs shall be allowed only if over 200 feet of street frontage is available on both streets. Such sign(s) shall be removed within seven days after completion of a sale or rent/lease contract. No such sign shall be allowed in any public right-of-way.
(2) Contractor/developer sign. Only one contractor/developer sign per commercial property, describing the project and contractor/developer and participants for the project, not exceeding 16 square feet per face or six feet in height, either freestanding or attached to the building. If a freestanding sign, only in-ground posts are allowed. Floating wood footers are not allowed. Such sign shall be removed upon the issuance of a certificate of occupancy or a certificate of compliance or at the request of the Town upon reasonable grounds for such request. No such sign shall be allowed in any public right-of-way.
(3) Any commercial real estate sign or contractor/developer sign shall accurately reflect the permitted uses allowed on the site under the current Town of Manlius Zoning Code.
(4) (Reserved)
(5) Note: The requirement of this subsection also applies to a residential subdivision.

D. Residential real estate signs.

(1) Residential "For Sale" or "For Rent/Lease" sign. Only one for sale or for rent/lease residential real estate sign per street frontage not exceeding four square feet per face or four feet in height shall be allowed. Any such sign shall be located on the lot for sale or rent/lease, and shall be removed within seven days after the completion of a sale or rent/lease contract.
(2) Residential "Open House" sign. A maximum of three signs per open house, including directional signs, are allowed only during the hours of the open house and shall be removed immediately after the open house. No sign shall exceed four square feet per face or four feet in height. Such signs may be located on any property with prior permission of the owner or tenant.

E. All signs not expressly permitted under this article are prohibited, unless regulation of such signs is specifically preempted by state or federal law.

F. Portable (A-frame) signs. Each business entity in a Commercial A, Commercial B, or Neighborhood Shopping zoning district shall be entitled to display one portable (A-frame) sign for a special event at their place of business, subject to the following conditions:

(1) No sign shall exceed six square feet per face or four feet in height.
(2) The sign shall be displayed only during the hours of operation of the business.
(3) The sign shall be displayed no more than seven days before the event, and shall be removed immediately after the event.

G. Roadside stand signs.

(1) Only one sign not to exceed six square feet per face or four feet in height advertising for-sale goods produced on the owner's land, such as wood, produce, livestock, plant materials or Christmas trees.
(2) Such sign will be permitted on a temporary or seasonal basis only.
(3) Such sign shall be located on the owner's land and shall be erected no more than 14 days before, and shall be removed no later than seven days after, the activity has taken place or the goods are no longer available.

H. Garage sale signs.

(1) Only one sign not to exceed four square feet per face or four feet in height advertising household goods for sale on the premises of the garage sale.
(2) Homeowners'-association-sponsored neighborhood garage sale: only one sign not to exceed 16 square feet per face or four feet in height located at the main entrance to the development.
(3) Such sign(s) shall be erected no more than seven days before the garage sale, and shall be removed immediately after the garage sale.
(4) On the day of the garage sale, a maximum of three signs, including directional, are allowed only during the hours of the garage sale and shall be removed immediately after the garage sale. No sign shall exceed four square feet per face or four feet in height. Such signs may be located on any property with prior permission of the owner or tenant.

I. Not-for-profit signs. Signs advertising events or activities of not-for-profit entities are allowed, subject to the following conditions:

(1) Such signs may be located on any property with prior permission of the owner or tenant.
(2) No sign may be erected in a public street or right-of-way, or placed in such a fashion that would be hazardous to traffic or public safety.
(3) No sign shall exceed four square feet per face or four feet in height.
(4) No sign may be erected more than 30 days prior to the event, and shall be removed immediately after the event.

J. Residential contractor signs. Only one sign advertising active construction, renovation, landscaping or similar activities at a specific residential location are allowed at any residential location, subject to the following conditions:

(1) No sign shall exceed four square feet per face or four feet in height.
(2) Such sign shall be located on the premises and shall be erected with the start of the project, and shall be removed no later than seven days after the project is complete.

K. The Code Enforcement Officer shall be vested with the authority to issue sign permits for signs which comply with this section, and to supervise the erection, installation, application, alteration, and shall have the authority to remove or have removed any sign, whether permanent or temporary, that is not in compliance with this section.

L. Temporary signs permitted pursuant to this chapter shall be removed no later than two weeks after the last date of the event or activity for which the temporary sign was erected.

M. Notwithstanding anything to the contrary in this chapter, any sign which is in the nature of a banner, beacon or pennant, or which is inflated by air, helium or gas, may be erected and/or used for no more that 30 total days in any calendar year, provided such temporary sign is otherwise permitted under this chapter.

Single-family dwelling

A permanent structure and which does not include casual or temporary shelters such as tents, trailers on wheels or other shelter designed to be readily removable from the premises.

Districts Where Allowed Districts where use is allowed: R-1, R-2, 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:
R-1 District - 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.

R-2 District - 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.

R-3 District - on a lot with a minimum of 100 feet of frontage and a minimum area of 16,000 square feet.

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.

R-A District - 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.

See Article III: District Regulations for specific information.

Solar energy systems, ground mounted, medium/large

SOLAR PHOTOVOLTAIC ENERGY SYSTEM (PVS) - A power generation system that utilizes cells that convert solar radiation directly to piezoelectric power.

GROUND-MOUNTED SYSTEM (GMS) - A solar photovoltaic energy system mounted on a structure, pole or series of poles constructed specifically to support the solar photovoltaic energy system and not attached to any other structure.

MEDIUM SOLAR PHOTOVOLTAIC ENERGY SYSTEM - A solar photovoltaic energy system with a rated power generation greater than 25kW and up to and including 200kW. It may be roof- or ground-mounted, providing power for the property and/or additional offsite buildings or customers.

LARGE SOLAR PHOTOVOLTAIC ENERGY SYSTEM (LSES) - A solar photovoltaic energy system with a rated capacity larger than 200kW. An LSES is considered an accessory use of the property, if the principal purpose is (i) to provide electrical power to be consumed onsite and for sale to the general power grid or (ii) to provide electrical power to be consumed onsite and to be sold to other power customers through a power purchase agreement. An LSES is not considered an accessory use if the principal purpose is to provide electrical power for offsite consumption.

Districts Where Allowed Districts where use is allowed: I, RA

Development Requirements:
No PVS or device shall be installed or operated in the Town of Manlius except in compliance with this section, state and local laws and, if applicable, in compliance with NYSERDA, New York State PSC and the local utility company.

Medium GMSs are permitted on parcels larger than 40,000 square feet in all zoning districts as an accessory structure to any lawfully permitted principal use on the same parcel upon issuance of the proper permit pursuant to § 59-13 and upon compliance with all requirements of this section and as elsewhere specified in this section.

Large GMSs are permitted as principal use upon issuance of the proper permit pursuant to § 59-13 and upon compliance with all requirements of this section and as elsewhere specified in this section. They shall be allowed in the following zoning districts:

(a) Industrial.
(b) R/A.

Ground-mounted systems as principal use.

MSES and LSES as principal use.

(a) MSES and LSES are permitted as primary structures in the Town of Manlius, subject to the following conditions:

[1] These solar systems are subject to all zoning restrictions in allowed zoning districts.
[2] These solar systems are only allowed on parcels that would provide at least fifty-foot setbacks, or more, as determined by the Planning Board while conforming to all other site restrictions.
[3] These solar systems are subject to the issuance of a special use permit by the Planning Board, pursuant to § 155-27: Special use permits; application; procedure; fees of the Town Code and upon site plan approval by the Planning Board pursuant to § 155-28: Site plan review of the Town Code, unless the property on which solar systems are proposed are owned by the Town. If the property is owned by the Town, neither a special permit nor site plan approval from the Planning Board is required. Instead, the following requirements will be necessary:

[a] A lease between the Town Board and the developer of the solar system, which will include language related to notice of change of ownership and surety for the decommissioning of the solar photovoltaic system regardless of ownership.
[b] An exhibit to the lease that outlines the boundaries of the solar system on the Town's property and the layout of the solar system.
[c] A stormwater pollution and prevention plan acceptable to the engineer for the Town.
[d] A decommission plan and reclamation plan acceptable to the engineer for the Town.
[e] A building permit.
[f] The Town Board shall consider and evaluate all the criteria set forth in Subsection (b) below before finalizing the lease.

[4] Removal of trees over six inches in trunk diameter shall be minimized, or mitigated by replacement tree plantings elsewhere on the property.
[5] All on-site utility and transmission lines shall, to the extent feasible, be placed underground.
[6] All solar panels shall have antireflective coatings.
[7] Applicants shall develop, implement and maintain native vegetation to the extent practicable, and, in the discretion of the Code Enforcement Officer or the Town Engineer, pursuant to a vegetation management plan by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators.
[8] If the owner or operator of the solar energy system changes or the owner of the property changes, the special permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan. A new owner or operator of the solar energy system shall notify the Code Enforcement Officer of such changes in ownership or operator within 30 days of the ownership changes.
[9] All special permits or site plans approved by the Planning Board for a solar energy system shall expire after 24 months unless a building permit is issued. If the applicant or its successor fails to perform substantial construction after 24 months from the issuance of a building permit, to be determined by the Code Enforcement Officer, the special permit and site plan approval shall expire.

(b) In addition to the criteria established pursuant to § 155-27: Special use permits; application; procedure; fees, the following criteria are hereby established for purposes of the Planning Board granting a special use permit for MSES and LSES solar systems under this chapter:

[1] Noninterference. These solar systems shall not be installed in any location along the major axis of an existing microwave communications operation where the solar system operation or similar solar system operations have been demonstrated to produce an electromagnetic interference in the existing microwave communications operation, unless such interference can be mitigated.
[2] Proximity to radio, television and telephone systems. These solar systems shall not be installed in any location where the solar system operation or similar solar systems operations have been demonstrated to interfere with existing fixed broadcast, retransmission, or reception antennas for radio, television or wireless phone, unless such interference can be mitigated.
[3] View sheds and screening. MSES and LSES shall be installed in a location and position that would minimize visibility from neighboring properties. A screening plan, to be reviewed and accepted by the Planning Board, shall be required as part of the site plan review or special use permit review, which screening plan shall include a glare analysis. For purposes of this section, consideration shall be given to any relevant portions of the current, amended and/or future officially recognized Town Code. In addition, adequate measures shall be taken to screen through landscaping, grading or other means to reasonably mitigate the view of the solar panels and other equipment of the solar systems from roadways and neighboring residential properties.
[4] Security. Proper security of the site for large and medium GMSs is required. This can be accomplished by means proposed by the applicant as part of an overall security plan to be accepted by the Planning Board.
[5] FAA requirements. If the proposed site is near an airport, seaplane base, or established flight zone, such solar system must meet all Federal Aviation Administration requirements.
[6] Ground clearance. The minimum distance between the ground and any part of the solar panel must be at least two feet. If the array can rotate and/or change pitch, this is the minimum with the array extended at its maximum pitch.
[7] Emergency shutdown/safety. The applicant shall post an emergency telephone number so that the appropriate entities may be contacted should any portion of the solar system need immediate repair or attention. This telephone number should be clearly visible on signs located at the site entrance or as determined by the Planning Board.
[8] Lightning protection. All solar systems shall have adequate lightning protection via internal lightning arrestors, surge protectors or adequate grounding.
[9] Ownership. Ownership of the property shall be clearly established by the applicant, and, if the applicant is not the owner, the applicant shall provide proof that the owner agrees to the regulations set forth herein.
[10] Utility notification and approval. No solar system shall be constructed until evidence has been given to the Planning Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the construction of the solar system and has agreed to an interconnection.
[11] Lighting. No solar system under this provision shall be continually artificially lighted. Lighting shall be limited to lights as needed by solar array personnel while present at the site. Lighting to be arranged and angled to not spill onto adjacent properties.
[12] Access road. To the greatest extent possible, existing roadways shall be used for access to the site and its improvements. In the case of constructing any roadways necessary to access the solar energy systems, they shall be constructed in a way that allows reasonable access to all parts of the PVS and for the passage of emergency vehicles in the event of an emergency. Roadways to and within the site shall be constructed of gravel or other permeable surfacing and shall be flush with the surrounding land contours.
[13] Property operation and maintenance plan. The applicant shall submit a property operation and maintenance plan to the Planning Board as part of the special use permit application.
[14] Decommissioning and removal plan.

[a] The applicant shall submit a decommissioning and removal plan (DRP) to the Planning Board. The DRP shall include specific plans on how the owner plans to remove the obsolete or unused solar panel arrays and accessory structures and return the property to a state acceptable to the Town within a specific time period after the cessation of operations. This plan shall be approved by the Planning Board and prior to the granting of the special use permit. A site restoration plan shall be included as part of any decommissioning plan, to include, at a minimum, stockpiling of any topsoil removed during construction, for use in site restoration, removal of all foundations, decompacting and derocking all disturbed areas, and removal of any roadways.
[b] Failure to conform to the DRP in the time period provided shall be a violation of this section and the cost to complete the plan shall be placed as a lien on the property owner's tax bill.

[15] Notice of decommissioning.

[a] The applicant shall also submit to the Planning Board a letter of intent committing the owner, and its successors-in-interest, to notify the Building Inspector within 30 days of the discontinuance of the use of the solar system. This letter of intent shall be filed with the Office of Planning and Development prior to the issuance of a building permit.
[b] Should the solar system be nonoperational for a continuous period of six months or greater, the owner shall submit a letter to the Office of Planning and Development indicating when it is expected to resume operations or whether the decommissioning of the site, in accordance with the DRP, shall commence. If the owner plans to continue operations, it shall have up to six months more to begin operations. If operations do not commence within said six months, decommissioning of the site, in accordance with the DRP, shall immediately commence.
[c] If the owner and/or operator fails to comply with the decommissioning upon any abandonment of the solar energy system, the Town may, at its discretion, utilize the restoration bond and/or security for the removal of the solar energy system and restoration of this site in accordance with the decommissioning plan.
[d] Upon abandonment of the solar energy system, the Town may notify and instruct the owner and/or operator of the solar energy system to implement the decommissioning and removal plan. The decommissioning and removal must be completed within 365 days of notification.

[16] Reclamation payment. A reclamation fund, for a term and in an amount to be determined during special use permit review, shall be filed with the Town Clerk to cover the costs of reclamation of the site. The amount shall be commensurate with the DRP submitted by the applicant.
[17] Public hearing. No action shall be taken by the Planning Board to issue a special use permit for a solar system until after public notice and public hearing.
[18] Saturation. In considering whether to issue a special use permit, the Planning Board shall consider the proximity of similar large solar energy systems to the one being proposed. In no event shall an LSES be placed within one mile of an existing LSES in the Town of Manlius, without specific findings by the Planning Board that such placement does not adversely affect the community character of the surrounding properties.

(c) In coordination with the Planning Board issuing a special use permit, the Planning Board shall review the site plan for the MSES or LSES pursuant to § 155-28: Site plan review of the Code. The following submission requirements must be observed regarding a site plan application:

[1] Completed application form as supplied by the Town of Manlius for site plan approval for a solar system.
[2] Proof of ownership of the premises involved or proof that the applicant has written permission of the owner to make such application and copies of all relevant agreements and documents between the owner and the applicant have been turned over to the Planning Board for its review.
[3] Submit a stormwater management plan, certified by a professional engineer that demonstrates stormwater runoff will infiltrate into the ground beneath at a rate equal to that of the infiltration rate prior to the placement of the system.
[4] A plot plan and development plan drawn in sufficient detail, as prepared by a licensed engineer or surveyor, clearly describing:

[a] Property lines and physical dimensions of the proposed site, including contours at five-foot intervals both before and after construction.
[b] Location, approximate dimensions and types of all existing structures and uses on the site.
[c] Location and elevation of the proposed solar system.
[d] Blueprints or drawings of the proposed solar system installation showing the proposed layout of the solar system.
[e] Electrical diagram detailing the installation, associated components, electrical interconnection methods with all National Electrical Code compliant disconnects and overcurrent devices.
[f] Documentation of the major system components to be used, including PV panels, mounting system and inverter.
[g] Location of all existing aboveground utility lines and other on-site solar energy conversion systems within 1,200 linear feet of the site.
[h] Where applicable, the location of all transmission facilities proposed for installation.
[i] Location of all roads and other service structures proposed as part of the installation.
[j] Landscape plan showing all existing natural land features, trees, forest cover, streams, wetlands and all proposed changes to these features, including size and type of plant material.
[k] Plan showing proposed changes to the site including grading, clearing, lighting, screening and structures.
[l] Soil type at construction site.

[5] All applications shall be accompanied by a long environmental assessment form, including a visual impact analysis. The following additional material may be required by the Planning Board:

[a] Digital elevation model based project visibility map showing the impact of topography upon visibility of the project from any affected locations.

[6] In addition to the above, no action shall be taken to issue site plan approval until after public notice and public hearing by the Planning Board and unless the Planning Board determines that the proposed solar system complies with the following:

[a] That the use is oriented in its location upon the site, as to layout, coverage, screening, means of access and aesthetics, so that:

[i] The flow control and safety of traffic and human beings shall not be adversely affected to an unreasonable degree.
[ii] Fire Department and EMT services shall be given notice of the site plan showing the proposed ingress and egress to the facility and an opportunity to submit comments (either in writing or in person) regarding the ability of the proposed ingress and egress to accommodate emergency vehicles.
[iii] There be reasonable compatibility on all respects with any structure or use in the neighborhood, actual or permitted, which may be directly substantially affected.
[iv] There should not be any unreasonable detriment to any existing structure in the neighborhood.

[b] The Planning Board may, upon review and with due consideration, waive one or more of the submission requirements imposed herein. Relief from all other requirements must be made by way of area or use variance from the Zoning Board of Appeals.

Design and installation standards.

(1) The solar photovoltaic energy system must be constructed to comply with the New York State Uniform Fire Prevention and Building Code, as amended, and any additional electrical and safety regulations adopted by the State of New York.
(2) All wiring must comply with the National Electrical Code, most recent edition, as amended and adopted by the State of New York.
(a) For GMSs, all exterior electrical lines must be buried below the surface of the ground where possible or be placed in conduit or in aluminum cable tray. Cable tray shall be covered wherever conductors will be exposed to direct sunlight.
(3) The solar energy system must be constructed to comply with the most recent fire code as amended and adopted by the State of New York.
(4) The solar energy system shall be properly maintained and be kept free from hazards including, but not limited to, faulty wiring, loose fastenings, or the creation of an unsafe condition or detriment to public health, safety or general welfare.

Signage and/or graphic content.

(1) No signage or graphic content may be displayed on the solar panels except the manufacturer's badge, the installer's name, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.
(2) Disconnect and other emergency shutoff information will be clearly displayed on a light reflective surface.
(3) Systems and sites may not be used for displaying advertising except for reasonable identification of the owner/operator and shall comply with all signage restrictions.

Inspection, safety and removal.

(1) The Town of Manlius reserves the right to inspect a solar energy system for building or fire code compliance and safety.
(2) If upon inspection the Town of Manlius determines that a fire code or building code violation exists, or that the system otherwise poses a safety hazard to persons or property, the Town of Manlius may order the owner of the land or the operator of the facility to repair or remove the system, within a reasonable time. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found and shall notify the owner of the land or the operator of the facility of their right to appeal such determination.
(3) If the owner of the land or the operator of the facility fails to repair or remove a solar energy system as ordered, and all appeal rights have been exhausted, the Town of Manlius may enter the property, remove the system and charge the owner of the property or the operator of the facility or both for all costs and expenses of removal, including reasonable attorney's fees, or pursue other legal action to have the system removed at the owner of the land or the operator of the facility's expense.
(4) In addition to any other available remedies, any unpaid costs resulting from the Town of Manlius' removal of a vacated, abandoned or decommissioned solar energy system shall constitute a lien upon the property against which the costs were charged. Legal counsel of the Town of Manlius shall institute appropriate action for the recovery of such cost, plus attorney's fees, including but not limited to filing of municipal claims pursuant to 53 P.S. § 7107 et seq. for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorney's fees and costs incurred by the Town of Manlius in connection with the removal work and the filing of the Town of Manlius' claim.

Severability. If any word, phrase, sentence, part, section, subsection or other portion of this section or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection or other portion or the proscribed application thereof, shall be severable, and the remaining provisions of this section, and all applications thereof, not having been declared void, unconstitutional, or invalid shall remain in full force and effect.

Conflict with other laws. Where this section differs or conflicts with other laws, rules and regulations, unless the right to do so is preempted or prohibited by the county, state, or federal government the more restrictive or protective of the Town and the public shall apply.

Solar energy systems, ground mounted, small/medium

SOLAR PHOTOVOLTAIC ENERGY SYSTEM (PVS) - A power generation system that utilizes cells that convert solar radiation directly to piezoelectric power.

GROUND-MOUNTED SYSTEM (GMS) - A solar photovoltaic energy system mounted on a structure, pole or series of poles constructed specifically to support the solar photovoltaic energy system and not attached to any other structure.

SMALL SOLAR PHOTOVOLTAIC ENERGY SYSTEM (SSES) - A solar photovoltaic energy system with a rated capacity up to and including 25kW. It may be roof- or ground-mounted, and serve any residential, commercial, agricultural, institutional, or industrial building to which it is attached. The electrical power may also be supplied to accessory structures or for the supply of energy for other uses on the same parcel.

MEDIUM SOLAR PHOTOVOLTAIC ENERGY SYSTEM - A solar photovoltaic energy system with a rated power generation greater than 25kW and up to and including 200kW. It may be roof- or ground-mounted, providing power for the property and/or additional offsite buildings or customers.

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

Development Requirements:
No PVS or device shall be installed or operated in the Town of Manlius except in compliance with this section, state and local laws and, if applicable, in compliance with NYSERDA, New York State PSC and the local utility company.

Small and medium GMSs are permitted on parcels larger than 40,000 square feet in all zoning districts as an accessory structure to any lawfully permitted principal use on the same parcel upon issuance of the proper permit pursuant to § 59-13 and upon compliance with all requirements of this section and as elsewhere specified in this section.

Small and medium GMSs, accessory use.

(a) Small and medium GMSs are permitted based on the requirements for accessory structures in the property's zoning district subject to the following conditions:

[1] The unified solar permit shall be required for the installation of all GMSs.
[2] The location of the GMS must meet all applicable setback requirements for accessory structures in the zoning district in which it is located.
[3] GMSs shall be screened through the use of architectural features, earth berms, landscaping or other means. This screening should harmonize with the character of the property and the surrounding area and minimize the view of the solar energy system from a public right-of-way and from neighboring properties.
[4] (Reserved)
[5] The minimum distance between the ground and any part of the solar panel must be at least two feet.
[6] It is required that solar panels shall not exceed a total height of 20 feet measured from the ground to the top of the highest point of the panel.
[7] SSES shall not be allowed as a principal use.

Design and installation standards.

(1) The solar photovoltaic energy system must be constructed to comply with the New York State Uniform Fire Prevention and Building Code, as amended, and any additional electrical and safety regulations adopted by the State of New York.
(2) All wiring must comply with the National Electrical Code, most recent edition, as amended and adopted by the State of New York.
(a) For GMSs, all exterior electrical lines must be buried below the surface of the ground where possible or be placed in conduit or in aluminum cable tray. Cable tray shall be covered wherever conductors will be exposed to direct sunlight.
(3) The solar energy system must be constructed to comply with the most recent fire code as amended and adopted by the State of New York.
(4) The solar energy system shall be properly maintained and be kept free from hazards including, but not limited to, faulty wiring, loose fastenings, or the creation of an unsafe condition or detriment to public health, safety or general welfare.

Signage and/or graphic content.

(1) No signage or graphic content may be displayed on the solar panels except the manufacturer's badge, the installer's name, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.
(2) Disconnect and other emergency shutoff information will be clearly displayed on a light reflective surface.
(3) Systems and sites may not be used for displaying advertising except for reasonable identification of the owner/operator and shall comply with all signage restrictions.

Inspection, safety and removal.

(1) The Town of Manlius reserves the right to inspect a solar energy system for building or fire code compliance and safety.
(2) If upon inspection the Town of Manlius determines that a fire code or building code violation exists, or that the system otherwise poses a safety hazard to persons or property, the Town of Manlius may order the owner of the land or the operator of the facility to repair or remove the system, within a reasonable time. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found and shall notify the owner of the land or the operator of the facility of their right to appeal such determination.
(3) If the owner of the land or the operator of the facility fails to repair or remove a solar energy system as ordered, and all appeal rights have been exhausted, the Town of Manlius may enter the property, remove the system and charge the owner of the property or the operator of the facility or both for all costs and expenses of removal, including reasonable attorney's fees, or pursue other legal action to have the system removed at the owner of the land or the operator of the facility's expense.
(4) In addition to any other available remedies, any unpaid costs resulting from the Town of Manlius' removal of a vacated, abandoned or decommissioned solar energy system shall constitute a lien upon the property against which the costs were charged. Legal counsel of the Town of Manlius shall institute appropriate action for the recovery of such cost, plus attorney's fees, including but not limited to filing of municipal claims pursuant to 53 P.S. § 7107 et seq. for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorney's fees and costs incurred by the Town of Manlius in connection with the removal work and the filing of the Town of Manlius' claim.

Severability. If any word, phrase, sentence, part, section, subsection or other portion of this section or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection or other portion or the proscribed application thereof, shall be severable, and the remaining provisions of this section, and all applications thereof, not having been declared void, unconstitutional, or invalid shall remain in full force and effect.

Conflict with other laws. Where this section differs or conflicts with other laws, rules and regulations, unless the right to do so is preempted or prohibited by the county, state, or federal government the more restrictive or protective of the Town and the public shall apply.

Solar energy systems, roof-mounted

SOLAR PHOTOVOLTAIC ENERGY SYSTEM (PVS) - A power generation system that utilizes cells that convert solar radiation directly to piezoelectric power.

ROOF-MOUNTED SYSTEM (RMS) - A solar photovoltaic energy system in which solar panels are mounted on top of the structure of a roof either as a flush-mounted system or as modules fixed to frames which can be tilted toward the south at an optimal angle.

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

Development Requirements:
No PVS or device shall be installed or operated in the Town of Manlius except in compliance with this section, state and local laws and, if applicable, in compliance with NYSERDA, New York State PSC and the local utility company.

RMSs are permitted in all zoning districts as an accessory structure to any lawfully permitted principal use on the same parcel upon issuance of the proper permit pursuant to § 59-13 and upon compliance with all requirements of this section and as elsewhere specified in this section.

Roof-mounted solar photovoltaic energy systems, accessory use.

(a) RMSs may only be mounted on lawfully permitted principal or accessory structures. RMSs shall be considered a modification to an existing structure in the Town of Manlius subject to the following requirements:

[1] Unified solar permits are required for installation of all RMSs.
[2] At the discretion of the Town of Manlius Code Enforcement Officer, the structure may be subject to engineering review for suitability.
[3] For installations on a sloped roof:

[a] The system must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 12 inches between the roof and highest edge or surface of the system.
[b] The highest point of the system shall not exceed the highest point of the roof to which it is attached.
[c] RMSs on a sloped roof do not need to be screened.

[4] For medium and large RMSs installed on a flat roof:

[a] The highest point of the system shall be permitted to extend up to six feet above the roof to which it is attached.
[b] It shall be screened in a manner similar to other rooftop HVAC and mechanical equipment. This can be accomplished with architectural screening such as a building parapet and by setting the system back from the roof edge.
[c] These systems shall comply with the following conditions as presented in Subsection D(3):

[i] Noninterference.
[ii] Proximity to radio, television and telephone systems.
[iii] FAA requirements.
[iv] Ownership.
[v] Utility notification and approval.
[vi] Lighting.
[vii] Property operation and maintenance plan.

[5] Any height limitations of the Town of Manlius Code shall be applicable to solar systems.

Design and installation standards.

(1) The solar photovoltaic energy system must be constructed to comply with the New York State Uniform Fire Prevention and Building Code, as amended, and any additional electrical and safety regulations adopted by the State of New York.
(2) All wiring must comply with the National Electrical Code, most recent edition, as amended and adopted by the State of New York.
(a) For GMSs, all exterior electrical lines must be buried below the surface of the ground where possible or be placed in conduit or in aluminum cable tray. Cable tray shall be covered wherever conductors will be exposed to direct sunlight.
(3) The solar energy system must be constructed to comply with the most recent fire code as amended and adopted by the State of New York.
(4) The solar energy system shall be properly maintained and be kept free from hazards including, but not limited to, faulty wiring, loose fastenings, or the creation of an unsafe condition or detriment to public health, safety or general welfare.

Signage and/or graphic content.

(1) No signage or graphic content may be displayed on the solar panels except the manufacturer's badge, the installer's name, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.
(2) Disconnect and other emergency shutoff information will be clearly displayed on a light reflective surface.
(3) Systems and sites may not be used for displaying advertising except for reasonable identification of the owner/operator and shall comply with all signage restrictions.

Inspection, safety and removal.

(1) The Town of Manlius reserves the right to inspect a solar energy system for building or fire code compliance and safety.
(2) If upon inspection the Town of Manlius determines that a fire code or building code violation exists, or that the system otherwise poses a safety hazard to persons or property, the Town of Manlius may order the owner of the land or the operator of the facility to repair or remove the system, within a reasonable time. Such an order shall be in writing, shall offer the option to repair, shall specify the code violation or safety hazard found and shall notify the owner of the land or the operator of the facility of their right to appeal such determination.
(3) If the owner of the land or the operator of the facility fails to repair or remove a solar energy system as ordered, and all appeal rights have been exhausted, the Town of Manlius may enter the property, remove the system and charge the owner of the property or the operator of the facility or both for all costs and expenses of removal, including reasonable attorney's fees, or pursue other legal action to have the system removed at the owner of the land or the operator of the facility's expense.
(4) In addition to any other available remedies, any unpaid costs resulting from the Town of Manlius' removal of a vacated, abandoned or decommissioned solar energy system shall constitute a lien upon the property against which the costs were charged. Legal counsel of the Town of Manlius shall institute appropriate action for the recovery of such cost, plus attorney's fees, including but not limited to filing of municipal claims pursuant to 53 P.S. § 7107 et seq. for the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorney's fees and costs incurred by the Town of Manlius in connection with the removal work and the filing of the Town of Manlius' claim.

Severability. If any word, phrase, sentence, part, section, subsection or other portion of this section or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection or other portion or the proscribed application thereof, shall be severable, and the remaining provisions of this section, and all applications thereof, not having been declared void, unconstitutional, or invalid shall remain in full force and effect.

Conflict with other laws. Where this section differs or conflicts with other laws, rules and regulations, unless the right to do so is preempted or prohibited by the county, state, or federal government the more restrictive or protective of the Town and the public shall apply.

Specialty shops

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

Structures for housing domestic household pets

Structures for housing dogs, cats or other such domestic household pets, including miniature goats, chickens, and rabbits.

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

Development Requirements:
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, and the number of chickens and rabbits kept in such structure shall not exceed 12, and the number of miniature goats kept in such structure shall not exceed two. The intention of this subsection is to allow the keeping and proper maintenance of small animals in the house and on the property as either inside pets or comfort animals.

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.

Teaching of music, dance or other similar types of instruction

Two-family dwellings

A building containing two dwelling units, each for occupancy by one family, but under single ownership.

Districts Where Allowed Districts where use is allowed: R-3, R-4, RA

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

Development Requirements:
R-2 District & R-3 District - 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.

R-A District - 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.

Used vehicle sales

A lot for the primary use of sale or rental of previously owned motor vehicles, indoors or outdoors, which lot includes a principal building supporting the sales use and wherein the occupant of the lot is registered for such sales with the New York State Department of Motor Vehicles.

Vehicle dealerships

A lot for the primary use by a vehicle dealer, which lot includes a principal building, and which includes the sale of new and used vehicles wherein the display of vehicles may be indoors or outdoors and including as accessory to the sale of vehicles a full-service vehicle repair facility and retail sales of vehicle parts and accessories.

Vehicle repair

A lot for the primary use of repair, servicing, or inspection of motor vehicles, and which lot includes a principal building supporting the use and wherein any individual vehicles awaiting service do not occupy any space on the lot for greater than 60 days, and wherein the occupant of the lot is registered for such repair activity with the New York State Department of Motor Vehicles.

Veterinarian offices

Warehouse

Wholesale establishments

Wind energy systems

A wind energy conversion system consisting of a wind turbine, a tower, and associated controller-conversion electronics which has a rated capacity of no greater than 15 kW at 25 mph for single-family residential related use and no greater than 125 kW at 25 mph (for nonresidential and farm applications) and which is intended to reduce on-site consumption of utility power.

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

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

Development Requirements:
A. Intent and purpose.

(1) The Town of Manlius through these regulations seeks to promote the safe, effective and efficient use of small wind energy systems installed to reduce the on-site consumption of utility-supplied electricity. The Town of Manlius recognizes that wind energy is an abundant, renewable, nonpolluting energy resource and that its conversion to electricity will reduce our dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources. It is therefore the intent and purpose of these regulations to balance the encouragement of this renewable resource with any impacts such use may have on health, welfare and safety to the community and preserving and protecting the aesthetic qualities of the Town of Manlius.
(2) These regulations relate to small or on-site-use wind energy systems and do not address large-scale wind turbines or wind farms which are typically intended to sell energy directly to power companies or retail users. Wind farms shall be allowed only in the Industrial District, as set forth in § 155-17 of the Town of Manlius Code, and only on individual parcels of land exceeding 50 acres. No more than one such wind energy conversion system for a wind farm shall be allowed per five acres. No such wind farm shall be allowed except upon the issuance of a special use permit by the Town Board, pursuant to § 155-27 of the Town Code and upon site plan approval by the Planning Board pursuant to § 155-28 of the Town Code.

B. Permits required. Towers for on-site-use wind energy deriving purposes shall only be allowed in the R-A District. Only one such tower shall be allowed on any individual parcel of land, which parcel shall be at least 100,000 square feet in area and have a road frontage of at least 200 feet. No person, firm or corporation, or other entity being the owner or occupant of any land or premises within the Town of Manlius shall use or permit the use of land or premises for the construction of a tower for on-site-use wind energy deriving purposes without obtaining a special use permit issued by the Town Board and a site plan approval issued by the Planning Board as hereinafter provided.

C. Special use permit. In addition to the criteria established pursuant to § 155-27, the following criteria are hereby established for purposes of granting a special permit for an on-site use wind energy conversion system under this chapter:

(1) Noninterference. Individual on-site-use wind energy conversion systems shall not be installed in any location along the major axis of an existing microwave communications operation where their operation is likely to produce an electromagnetic interference in the link's operation.
(2) Proximity to radio, television and telephone systems. Individual on-site-use wind energy conversion systems shall not be installed in any location where their proximity interferes with existing fixed broadcast, retransmission, or reception antennae for radio, television or wireless phone.
(3) Scenic viewsheds. Individual tower facilities for on-site-use wind energy conversion systems shall not be installed in any location that would substantially detract from or block the view(s) of all or a portion of a recognized scenic viewshed, as viewed from any public road, right-of-way or publicly owned land within the Town of Manlius or that extends beyond the border of the Town of Manlius. For purposes of this section, consideration shall be given to any relevant portions of the current, amended and/or future officially recognized Town planning document or resource.
(4) Noise limitations. The level of noise produced during wind turbine operation shall not exceed 50 dba beyond the present ambient sound levels at preconstruction levels, as measured at the boundaries of the closest parcels that are owned by non-site owners and that abut either the site parcels or any other parcels adjacent to the site held in common by the owner of the site parcel, as those boundaries exist at the time of the special use permit application. The applicant will be required to submit technical data to the satisfaction of the Town Board as to this requirement. This obligation shall be a continuing obligation with exceptions only for short-term events, such as utility outages and severe windstorms.
(5) Height. It is recognized that wind turbines require greater heights to reach elevations with wind currents reasonably adequate to generate energy. On-site-use wind energy conversion systems shall not exceed a total height of 80 feet for single-family residential applications (< 15 kW at 25 mph) and shall not exceed a total height of 150 feet for nonresidential applications (i.e., farm, small business, etc., < 125 kW at 25 mph) from the ground to the top of the highest point of blade height (tip) as extended at its highest vertical point, provided that the application includes specific evidence that the proposed total height does not exceed the height recommended by the manufacturer or distributor of the on-site-use wind energy conversion system.
(6) FAA requirements. If the proposed site is near an airport, seaplane base, or established flight zone, such wind energy conversion system must meet all Federal Aviation Administration requirements.
(7) Ground clearance. The minimum distance between the ground and any part of the rotor blade must be 30 feet.
(8) Emergency shutdown/safety. The applicant shall post an emergency telephone number so that the appropriate entities may be contacted should any wind turbine need immediate repair or attention. This telephone number should be clearly visible on a permanent structure or post located outside of the fall zone of the tower. Location should be convenient and readily noticeable to someone likely to detect a problem. Further, no wind turbine shall be permitted which lacks automatic braking, governing or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower structure, rotor blades, and turbine components or enclosed shelter.
(9) Lightning protection. All energy towers shall have lightning protection.
(10) Ownership. Ownership of the wind energy conversion system must be the same as the owner of the fee interest in the real property upon which it is situated. In the event of transfer of ownership of the premises, the ownership of the wind energy conversion system must also be transferred to same or the tower must be decommissioned and removed.
(11) Utility service. All power lines from the wind turbines to on-site interconnection equipment shall be located underground and installed by certified professionals and must meet all applicable national, state and local electrical codes.
(12) Lighting. No on-site-use wind energy conversion systems under this provision shall be artificially lighted, unless so required by the FAA. Use of nighttime, and overcast daytime conditions, stroboscopic lighting to satisfy tower facility lighting requirements for the Federal Aviation Administration may be subject to on-site field testing before the Town Board as a prerequisite to the Board's approval, with specific respect to existing residential uses within 2,000 feet of each tower for which such strobe lighting is proposed.
(13) Access road. To the greatest extent possible, existing roadways shall be used for access to the site and its improvements. In the case of constructing any roadways necessary to access the wind energy conversion systems, they shall be constructed in a way that allows for the passage of emergency vehicles in the event of an emergency. Each application shall be accompanied by correspondence from the responding fire department and emergency care provider as to the acceptability of the proposed ingress and egress to the tower.
(14) Security/anti-climb device. The design of each device shall not allow for climbing by the public for a minimum height of 15 feet from the ground.
(15) Decommissioning. The applicant shall submit to the Town Board (with a copy to the Planning Board) a letter of intent committing the owner, and his or her successors-in-interest, to notify the Building Inspector within 30 days of the discontinuance of the use of the on-site-use wind energy conversion system. This letter of intent shall be filed with the Director of Planning and Development prior to the issuance of a building permit. The owner shall remove the obsolete or unused wind turbines and accessory structures within one year of such notification. Failure to notify and/or remove the obsolete or unused tower in accordance with these regulations shall be a violation of this section and the cost of removing the on-site-use wind energy deriving tower and accessory structures shall be placed as a lien on the property owner's tax bill. In addition, a reclamation bond in the amount of $100,000 shall be filed with the Town Clerk to cover the costs of reclamation of the tower. In addition, should the wind energy conversion system be nonoperational for any continuous six-month period, the approvals granted shall be deemed void and the Wind Energy Conversion System shall be decommissioned subject to a new approval under this section. Such bond shall be in place prior to the issuance of a building permit.
(16) Setbacks. Wind energy conversion systems shall comply with all setbacks within the affected zone. However, in addition, all on-site-use wind energy conversion systems shall be set back a distance equal to the height of the tower plus blade length plus an additional 25 feet from all property lines, public roads, power lines and preexisting and future structures. Additional setbacks may be required by the reviewing Board in order to provide for the public's safety, health and welfare, including the possibility of ice thrown from the blades.
(17) Public hearing. No action shall be taken by the Town Board to issue a special use permit or by the Planning Board to issue site plan approval, nor the Zoning Board of Appeals to grant an area variance in relation to an application for an on-site-use wind energy conversion system until after public notice and public hearing. Proper notice of a hearing before a Board shall be given by legal notice published in the official newspaper of the Town of Manlius at least five days before the date set for such public hearing(s) and written notice mailed to the applicant or his agent at the address given in the application to be considered. The applicant shall be responsible for notifying, by certified mail, all property owners of record within 500 feet of the outside perimeter of the boundary line of the property involved in the application of the time, date and place of such public hearing by mail at least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property tax records of the Town Assessor or at the property address. At least seven days prior to such hearing, the applicant shall file with the Board his/her affidavit verifying the mailing of such notices. Failure of the property owners to receive such notice shall not be deemed a jurisdictional defect.
(18) Waiver. The Town Board may, upon exercise of its reasonable discretion, waive one or more of the submission requirements imposed herein. Relief from all other requirements must be made by way of area or use variance from the Zoning Board of Appeals.

D. Site plan review. The Planning Board shall review the site plan for any application for on-site-use wind conversion system, pursuant to § 155-28 of the Code. The following submission requirements must be observed regarding a site plan application.

(1) Completed application form as supplied by the Town of Manlius for site plan approval for an on-site-use wind energy conversion system.
(2) Proof of ownership of the premises involved or proof that the applicant has written permission of the owner to make such application.
(3) A plot plan and development plan drawn in sufficient detail, as prepared by a licensed engineer or surveyor, clearly describing:
(a) Property lines and physical dimensions of the proposed site, including contours at five-foot intervals;
(b) Location, approximate dimensions and types of all existing structures and uses on the site;
(c) Location and elevation of the proposed on-site-use wind energy conversion system;
(d) Location of all existing aboveground utility lines and other on-site-use wind energy conversion systems within 1,200 linear feet of the site;
(e) Location and size of structures or trees above 35 feet within a five-hundred-foot radius of the proposed on-site-use wind energy conversion system;
(f) Where applicable, the location of all transmission facilities proposed for installation;
(g) Location of all roads and other service structures proposed as part of the installation;
(h) Landscape plan showing all existing natural land features, trees, forest cover and all proposed changes to these features, including size and type of plant material;
(i) Soil type at construction site.
(4) Rear yard placement. All towers shall be located and placed in rear yards.
(5) Color. Neutral paint colors (grays) may be required to achieve visual harmony with the surrounding area.
(6) Applications shall demonstrate that there will be no adverse impact on migratory bird patterns.
(7) In no event shall more than one on-site wind energy conversion system be granted for a residential lot, unless a variance is obtained from the Zoning Board of Appeals.
(8) All applications shall be accompanied by a full environmental assessment form, including a visual impact analysis. The following additional material may be required by the Planning Board:
(a) Digital elevation model based project visibility map showing the impact of topography upon visibility of the project from other locations, to a distance radius of three miles from the center of the project. Scaled use shall depict a three-mile radius as not smaller than 2.7 inches, and the base map shall be a published topographic map showing cultural features.
(b) No fewer than four color photos taken from locations within a three-mile radius from the proposed location, as selected by the Planning Board and computer enhanced to simulate the appearance of the as-built aboveground site facilities as they would appear from these locations.
(9) Site plan review criteria. In addition to the above, no site plan shall be approved unless the Planning Board determines that the proposed on-site-use wind energy conversion system complies with the following:
(a) That the use is oriented in its location upon the site, as to layout, coverage, screening, means of access and aesthetics so that:
[1] The flow control and safety of traffic and human beings shall not be adversely affected to an unreasonable degree;
[2] That there be reasonable compatibility on all respects with any structure or use in the neighborhood, actual or permitted, which may be directly substantially affected;
[3] That there should not be any unreasonable detriment to any structure or use, actual or permitted, in the neighborhood; and
[4] That there be a reasonable provision for open space, yards and recreation areas appropriate to the structure and use.

E. Compliance with Uniform Building Code.

(1) Building permit applications shall be accompanied by standard drawings of structural components of the on-site-use wind energy conversion system, including support structures, tower, base and footings. Drawings and any necessary calculations shall be certified, in writing, by a New York State Registered Professional Engineer that the system complies with the New York State Fire Prevention and Building Code. This certification would normally be supplied by the manufacturer.
(2) Where the structure, components or installation vary from the standard design or specification, the proposed modification shall be certified by a New York State Registered Professional Engineer for compliance with the Seismic and Structural Design Provisions of the New York State Fire Prevention and Building Code.
(3) The New York State Fire Prevention and Building Code and the State Energy Conservation Construction Code, as amended from time to time, are hereby ratified and adopted by the Town of Manlius in every respect, pursuant to Chapter 59 of the Town of Manlius Code.

F. Compliance with state, local and national electric codes.

(1) Building permit applications shall be accompanied by a line drawing identifying the electrical components of the wind system to be installed in sufficient detail to allow for a determination that the manner of installation conforms with the National Electric Code. The application shall include a statement from a New York State Registered Professional Engineer indicating that the electrical system conforms with good engineering practices and complies with the National Electric Code, as well as applicable state and local electrical codes. This certification would normally be supplied by the manufacturer. All equipment and materials shall be used or installed in accordance with such drawings and diagrams.
(2) Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a New York State Registered Professional Engineer for compliance with the requirements of the National Electric Code and good engineering practices.

G. Guy wires. Anchor points for guy wires for the on-site-use wind energy conversion system tower shall be located within the required setback lines and not on or across any aboveground electric transmission distribution lines.

H. Insurance. The applicant, owner, lessee or assignee shall maintain a current insurance policy which will cover installation and operation of the on-site-use wind energy conversion system at all times. Said policy shall provide a minimum of $300,000 property and personal liability coverage.

I. Inspections. The Building Inspector and/or Town Engineer shall have the right at any reasonable time to enter, in the company of the owner or his agent, the premises on which a wind energy conversion system is being or is constructed, to inspect all parts of said wind energy conversion system installation and require that repairs or alterations be made if in his judgment there exists a deficiency in the operation or the structural stability of the system. If necessary, the Building Inspector or Town Engineer may order the system secured or to otherwise cease operation. It shall not be required that the owner or agent be present in the event of an emergency situation involving danger to life, limb or property.

J. Districts where allowed. Subject to the issuance of site plan approval and a special use permit, energy conversion systems are allowed in only the R-A Zoning District in the Town.

K. Power to impose conditions. In granting any site plan approval, special use permit or variance for an on-site-use wind energy conversion system, the Zoning Board of Appeals or Planning Board, as the case may be, may impose reasonable conditions to the extent that such Board finds that such conditions are necessary to minimize any adverse effect or impacts to the proposed use on neighboring properties.

L. Fees. Fees for applications and permits under this section shall be established by resolution of the Town Board of the Town of Manlius.

M. Waiver. The Planning Board may, under appropriate circumstances, waive one or more of the submission requirements contained herein.

Wind Farm

Large-scale wind turbines or wind farms which are typically intended to sell energy directly to power companies or retail users.

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

Development Requirements:
Wind farms shall be allowed only in the Industrial District, as set forth in § 155-17 of the Town of Manlius Code, and only on individual parcels of land exceeding 50 acres. No more than one such wind energy conversion system for a wind farm shall be allowed per five acres. No such wind farm shall be allowed except upon the issuance of a special use permit by the Town Board, pursuant to § 155-27 of the Town Code and upon site plan approval by the Planning Board pursuant to § 155-28 of the Town Code.

Town of Manlius, NY

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