Provide opportunity for the right to establish smaller dwelling units as incidental and subordinate to single-family dwellings in the Town of Manlius and to ensure that any accessory dwelling unit meets applicable building, fire and safety standards.

Establish smaller dwelling units by utilizing residential and accessory building resources as a means to meet the housing needs of populations which may be underserved, especially single persons and couples of all ages with low or moderate incomes, and relatives and/or caregivers of existing residents of Manlius.

Provide economic support for resident individuals and families, particularly property owners who would benefit from rental income due to low or moderate means, for whom there are limited housing options should they desire to remain in the Town.

Encourage diversity in the housing stock options and the residential population of Manlius.

Promote the health, safety and welfare of the residents of the Town of Manlius.

The accessory dwelling unit is located within the R-1, R-3, or R-4 District.

The accessory dwelling unit must comply with the bulk area regulations (i.e., setback requirements, height requirements, lot coverage requirements, etc.) of the applicable district within which it sits.

The owner of the one-family dwelling unit must initially occupy either the principal dwelling or the accessory dwelling unit as a principal residence.

The minimum floor area for an accessory dwelling unit shall be 600 square feet, but in no case shall it exceed 50% of the floor area of the principal dwelling or 1,200 square feet, whichever is less, unless, in the reasonable opinion of the Planning Board, a greater or lesser amount of floor area is warranted.

An accessory dwelling unit shall not contain more than two bedrooms, each meeting requirements of applicable codes, including building, fire and safety and zoning.

A parking assessment shall be made on a case-by-case basis during the review of the special permit application by the Planning Board. At a minimum, existing required parking for the primary dwelling must be maintained or replaced on site and one parking space must be added for the accessory dwelling unit.

The exterior finish of the accessory dwelling unit, in the reasonable opinion of the Planning Board, is consistent with the exterior finish of the primary dwelling, and, is otherwise consistent with the character of the neighborhood.

During the review of any application for an accessory dwelling unit special permit, the Planning Board shall consider the effect of the proposed accessory dwelling unit on parking, traffic, noise, congestion, appearance, and other site-specific factors that the Planning Board reasonably deems relevant to potential impacts on the neighborhood. Following consideration of these site-specific criteria, the Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the addition of an accessory dwelling unit use to the subject property. The Planning Board may refuse to issue a special permit if it finds that the cumulative effects from approved accessory dwelling units in the neighborhood, including the one proposed, will adversely affect the character of the neighborhood.

The accessory dwelling unit must comply with all relevant New York State Uniform Codes, including all requirements for a dwelling unit.

No open violations of the Town of Manlius Code shall exist at the time of application for an accessory dwelling unit special permit.

A maximum of 50 validly issued accessory dwelling unit special permits shall be permitted Town-wide. The limit on the number of accessory dwelling unit special permits may not be varied by the Zoning Board of Appeals.

There shall only be one accessory dwelling unit per lot.

No accessory dwelling unit shall be allowed on a preexisting nonconforming lot.

The applicant must obtain approval of the proposed method of water supply, sewage disposal and electrical services for the accessory dwelling unit from any necessary governmental agencies or utility service provider and shall provide such approval to the Town.

Any property owner who allows occupancy of an accessory dwelling unit in violation of this section or any other provision of this chapter, or any condition imposed by the Town in connection with an accessory dwelling unit shall be subject to, at a minimum, revocation of any special permit issued in connection with the accessory dwelling unit.

In addition to the foregoing, any property owner who fails to obtain an accessory dwelling unit special permit or who allows occupancy of an accessory dwelling unit in violation of this chapter, or any condition imposed in connection with the special permit shall be guilty of an offense punishable by a fine of not less than $1,000. Any continued violation shall constitute a separate additional offense and may be subject to applicable fines.