Town of Manlius - General Requirements

Application of the State Environmental Quality Review Act
All actions, as defined in the State Environmental Quality Review Act (See Article 8 of the Environmental Conservation Law), shall be made hereunder only after all requirements of the State Environmental Quality Review Act have been completed, as such requirements are amplified in 6 NYCRR 617 or the equivalent or successor regulations.

Nonconforming uses
§ 155-33 Existing buildings.
Nothing in these rules, regulations, restrictions or prohibitions shall be construed as changing the plans or uses of present buildings or the construction, use or occupation of any building for which a permit has been issued and the construction of such building has been diligently prosecuted within three months after the date of such permit.

§ 155-34 Change of occupancy.

A. Any buildings or structures now legally existing and used in any of said zones and not conforming to the rules, regulations, restrictions and prohibitions herein contained may be continued and used for such purposes as they are now used or for any other purpose classified by the Town Planning Board, with the approval of the Town Board, as not more objectionable than the purpose for which they are now used.
B. If any area is transferred from one use district to another use district of a more-restricted classification, any nonconforming use then existing within said area may be continued.

§ 155-35 Reconstruction of damaged or destroyed nonconforming use.

A. Rebuilding or repair. Any building or structure employed in a legal nonconforming use which has been completely or partially destroyed by means other than by intent or design may be rebuilt or repaired within one year thereafter and the nonconforming use thereof continued therein.
B. Changes prohibited. No changes shall be made in any existing nonconforming use unless such change shall be to a use permitted within the district wherein the same is located, except as provided in § 155-37 herein.

§ 155-36 Continuation of nonconforming use.

A. Existing use. All property which at the effective date of this chapter is legally employed in a use which is not permitted hereunder in the use district in which such property is located according to the Zoning Map forming a part hereof may, except as herein otherwise provided, continue as a nonconforming use and shall enjoy the rights and be subject to the limitations regarding nonconforming uses as provided by this chapter.
B. Termination of permit. Any property for which a permit for specific use has been heretofore granted shall enjoy its right to continue as a nonconforming use only until the date of termination of the permit granted prior to the enactment of this chapter.

§ 155-37 Alterations.
A nonconforming building or structure employed in a nonconforming use, except as herein otherwise provided, may not be reconstructed or structurally altered to an extent exceeding in aggregate cost 100% of the assessed value of such building or structure, as such assessed value existed, unless said building is changed or the use for which the same is to be employed is changed to a conforming use.

§ 155-38 Extension.
A nonconforming use shall not be extended except as above provided, but the extension of a lawful use to any portion of a nonconforming building which existed prior the enactment of this chapter shall not be deemed the extension of such nonconforming use.

§ 155-39 Abandonment.
Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.

§ 155-40 Changes to a higher classification.

A. Upon approval of the Town Planning Board, a nonconforming use may be changed to a use of the same or higher classification, and, when so changed to a higher classification, such use thereafter shall not be changed to a lower classification.
B. The Town Planning Board shall only grant such change after a public notice and a public hearing thereon. The Town Planning Board, in granting or denying approval, shall take into consideration the character of the neighborhood, the adaptability of the subject premises to a conforming use, the effect of the proposed use on the neighborhood and the spirit and intent of this chapter. The Town Planning Board may establish such terms and conditions in granting approval as it deems necessary or appropriate to safeguard the health, safety and general welfare of the neighborhood, as well as aesthetic considerations.

§ 155-41 District changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein, and the effective date for applying these provisions shall be the effective date of the change of zone.

See Article V: Nonconforming Uses for information.

Off-Street Parking and Loading Facilities
A. The purpose of this section is to set forth minimum off-street parking requirements for different permitted land uses. Off-street automobile and vehicular storage or parking space shall be provided as specified herein.

B. Dimensions of parking spaces. Each individual parking space shall have a minimum width of 10 feet and a minimum length of 20 feet. Parking spaces shall be designed and arranged to provide free and unimpaired ingress and egress thereto and therefrom.

C. Required parking spaces. The following number of parking spaces shall be maintained for each of the uses specified below:

(1) Retail stores. For retail stores, parking shall be provided for all vehicles used in the business, plus one parking space for each 100 square feet of total floor area for the first 5,000 square feet and one parking space for each 200 square feet of total floor area over 5,000 square feet.
(2) Personal service establishments. Beauty shops, barbershops, shoe repair shops and similar personal service establishments shall provide one parking space for each 200 square feet of total floor area.
(3) Offices. For offices, one parking space shall be provided for each 300 square feet of total floor area.
(4) Restaurants and other eating establishments. For restaurants and other eating establishments, 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.
(5) Industrial. For industrial uses, one parking space shall be provided for each two employees on the maximum working shift, and one parking space shall be provided for each vehicle used in the operation of the business.
(6) Hotels and motels. For hotels and motels, one parking space shall be provided for each sleeping unit.
(7) Shopping center. For shopping centers, one parking space shall be provided for each 200 square feet of floor space.

D. Loading space. In addition to the off-street parking spaces required above, there shall be provided adequate off-street space for loading and unloading vehicles regularly used in the operation of any commercial or industrial establishment. Loading spaces shall be designed and maintained so as not to interfere with the free flow of traffic on any public street.

E. Common parking facilities. When any land or building is used for two or more purposes, the number of parking spaces shall be the sum of the requirements for the various individual uses. Common parking facilities may be cooperatively established and operated to serve two or more uses of the same or different type, provided that the number of spaces provided shall not be less than the sum of the individual requirements.

F. Location of parking and loading facilities. All parking and loading spaces shall be located on the same lot with the building or use that is to be served by the parking facilities.

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

Planned unit development
A. Legislative intent. A planned unit development ("PUD") provides flexibility and encourages a variety of land uses and innovative design techniques that otherwise would be restricted by standard use and area regulations contained within the Town of Manlius Zoning Law. A PUD may be placed in the R-5, CA, CB, RM and Industrial Districts at the discretion of the Town Board and pursuant to this § 155-20.2.

B. Legislative purpose. The Town of Manlius, Onondaga County, New York hereby finds and determines that:

(1) When coordinated with the Comprehensive Plan, a PUD can be an effective tool to encourage development in ways that support the community goals and priorities outlined in the Town of Manlius Comprehensive Plan and its Zoning Code.

(2) This section provides a process to allow for the approval of a beneficial development plan that would not otherwise be possible due to existing zoning laws that regulate permissible uses and bulk requirements. A PUD provides flexibility in the regulation of land use development in order to:

(a) Encourage innovation in land use variety and design, in the layout and type of new structures and in their integration with existing structures;
(b) Enhance efficiency in the use of land, natural resources, energy, community services and utilities;
(c) Encourage open space preservation and protection of natural resources, historic sites and structures;
(d) Facilitate the construction of multiunit housing and improved residential environments;
(e) Enhance the Town's ability to promote business and employment opportunities;
(f) Preserve the safety and efficiency of the state, county and Town transportation system within the Town of Manlius;
(g) Provide for logical and orderly extensions of water, sewer and utility infrastructure; and
(h) Provide for a unified and logical pattern of development to land areas determined to be appropriate for growth as outlined in the Town of Manlius Comprehensive Plan.
(i) Develop land that has unique characteristics, including water bodies, steeper slopes, topographic challenges, connectability to population centers and/or commercial areas, and authorize growth to meet goals and policies of the Town of Manlius.

C. Authority. In addition to any other powers and authority to plan and regulate by zoning, the Town of Manlius hereby enacts requirements for the review of applications to establish a planned unit development district and the establishment and simultaneous mapping of planned unit development districts pursuant to the provisions of this § 155-20.2.

Adopted district plans.

A. Twin Ponds. The Twin Ponds District Plan is hereby adopted pursuant to the district plan and District Plan Map approved by the Town Board on November 1, 2023, and appended to this chapter as Schedule 1, “Planned Unit Development District Plans."

B. Garden Park. The Garden Park Senior Apartment District Plan is hereby adopted pursuant to the district plan and District Plan Map approved by the Town Board on December 6, 2023, and appended to this chapter as Schedule 1, “Planned Unit Development District Plans."

Town of Manlius, NY

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