Intent. The purpose of this Zoning Ordinance and the intent of the legislative authority in its adoption are to promote and protect to the fullest extent permissible the environment of the City of Canandaigua and its public health, safety, convenience, comfort, prosperity and the general welfare by regulating the use of buildings, other structures and land for residences, open space, public facilities, business, services, industry and other purposes; by regulating and restricting the bulk, height, design, lot coverage and location of structures; by regulating and limiting population density; and, for the aforesaid purposes, to divide the land within the limits of the City into districts of such number and dimensions in accordance with the Comprehensive Plan of the City, as the same shall be from time to time amended, and to provide procedures for the administration and amendment of the Zoning Ordinance.

Objectives. This chapter is intended to achieve, among others, the following objectives:

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare and to accomplish the intent thereof. Except as may be specifically provided herein, it is not intended by this chapter to repeal, abrogate or annul or in any way to impair or interfere with any existing provision of the law or ordinance, or any rules, regulations or permits previously adopted or issued relating to the use of structures and land and the design, erection, alteration and maintenance of structures thereon; nor is it intended by this chapter to interfere with or abrogate or annul any plat restrictions, easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of structures or land, or upon the height or bulk of buildings, or requires larger land or building areas, yards, courts or other open spaces than are otherwise imposed or required by such existing provisions of law or ordinance, or by such rules, regulations or permits, or by such plat restrictions, easements, covenants or agreements, the provisions of this chapter shall control. Conversely, other regulations shall control where they impose greater restrictions than this chapter, and for that purpose it shall not annul, modify or impair the provisions of any existing deed or plat restrictions, easements or other agreements.

For the purposes of this chapter, all words used in the present tense include the future tense. All words in the plural number include the singular number, and all words in the singular include the plural number, unless that natural construction of the word indicated otherwise. The word "person" includes a firm, association, organization, partnership, trust, estate, company or corporation as well as an individual. The word "shall" is mandatory and directory. The word "may" is permissive. The word "used" includes "arranged," "designed," "constructed," "leased," "rented," "intended to be used," or "arranged to be used."

Titles and headings have been inserted for convenience of reference and are not intended to define the scope of or otherwise affect any provision in this chapter.

Any person who uses or maintains, or causes to be used or maintained, any building, structure or premises or any part thereof for any purpose other than the uses permitted therefor by this chapter, or who erects, enlarges, moves, alters or maintains, or causes to be erected, enlarged, moved, altered or maintained, any building, structure or part thereof, except in accordance with the provisions of this chapter or any regulation made under authority conferred thereby, or who uses or maintains, or causes to be used or maintained, any building, structure or any part thereof, other than in conformity with the provisions of this chapter, or who otherwise violates or causes to be violated any provision of this chapter, or who allows any violation of any provision of this chapter on premises owned or leased by him, or otherwise under his control, including his agent, contractor, or land contract vendee, or any person who shall violate or fail to comply with any order, notice, or regulation made hereunder; or who shall build in violation of any statement, assurance, specification or plan submitted thereunder; or who shall violate any permit or certificate of occupancy issued thereunder; or who shall continue to work upon any structure or continue any use, occupancy or any other prohibited activity after service of notice in writing from the City of Canandaigua or its authorized agent to desist therefrom, shall have committed a violation of this chapter.

Where any offense hereunder involves the violation of an order or notice made under this chapter, service of any such order or notice shall be in writing and sufficient if directed to the owner, agent of the owner, land contract vendee, or the contractor, and left at the last known place of business or residence of the owner, agent of the owner, land contract vendee, or the contractor, if within the City of Canandaigua. If no such place of business or residence can be found after due diligence, then service of the notice shall be sufficient if posted in a conspicuous place on the premises which are the subject of the violation.

Any person who shall violate any of the provisions of this chapter shall, upon conviction, be punishable by a fine not exceeding $250 or imprisonment for not more than 15 days, or both such fine and imprisonment. Each day on which any such violation continues shall constitute a separate offense.

Repeat inspection fees.

The City Council may from time to time on its own motion, or on petition, or on recommendation of the Planning Commission, amend, supplement, or repeal the regulations and provisions of this chapter, all in accordance with the procedures herein and under § 83 of the General City Law of the State of New York.

Every such proposed amendment or change, whether initiated by the Council or by petition, shall be referred to the Planning Commission for report thereon before the public hearing hereinafter provided for. If the Planning Commission shall fail to file such a report within 30 days after receiving such referral, it shall be presumed conclusively that the Planning Commission has approved the proposed amendment, supplement or change.

The Council by resolution adopted at a regular meeting shall fix the time and place of a public hearing on the proposed amendments and cause notice to be given as follows:

In case of either an adverse recommendation by the Planning Commission against any proposed amendment, or of a protest against and proposed amendment signed by 20% or more of the property owners of the area of a) the land included in such proposed change, b) the land immediately adjacent extending 100 feet therefrom, and c) the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, then such amendment shall not become effective except by a favorable vote of 3/4 of the Council.

No persons, firm or corporation shall strip, excavate, or otherwise remove topsoil for sale or use other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto, unless otherwise specified in this chapter.

Existing natural features such as trees, brooks, drainage channels and views shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required.

Findings. The City Council of the City of Canandaigua finds, declares and determines that the exploration for natural gas, the extraction of natural gas and the storage, transfer, treatment or disposal of natural gas exploration and production wastes in the urban environment of Canandaigua poses a significant threat to its residents’ health, safety and welfare. If natural gas exploration or extraction or the storage, transfer, treatment or disposal of natural gas exploration and production wastes were to occur within the City, this activity would endanger the health, safety and welfare of City residents through the deposit of toxins into the air, soil, water, environment and the bodies of residents within the City. Clean air and water are essential to most resources and activities in the Canandaigua area, and the quality of the air and the water will be degraded by natural gas exploration and extraction activities and/or the storage, transfer, treatment or disposal of natural gas exploration and production wastes, and natural gas exploration and extraction activities and the storage, transfer, treatment or disposal of natural gas exploration and production wastes may presently or in the future cause irreparable harm to the City’s water supply, and pollution of the water, soil, and air. This section is not directed at the regulatory scheme for the operation of natural gas wells under the Environmental Conservation Law § 23-0101, the Oil, Gas and Solution Mining Law of New York State. It only addresses land use and nuisance concerns and the protection of the health, safety and welfare of the people of the City of Canandaigua and the enhancement of its physical environment.

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

Prohibited uses.

No permit issued after the effective date of this section, by any state or federal agency, commission or board to any person, firm or corporation, which would violate the prohibitions of this section, shall be deemed valid within the City of Canandaigua.

Exclusive of multifamily developments, no lot in a residential or office district shall have erected on it more than one primary building. No existing accessory structure upon said lot shall be converted or expanded for residential use. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.

An accessory building attached to a primary building shall comply in all respects with the yard requirements of this chapter for the primary building. Detached accessory buildings shall be located to the rear of the front building line of the primary building and shall conform to the rear and side yard requirements of this chapter.

Every primary building shall be built upon a lot which abuts, and has right of automotive access to, a street improved to meet the City's standards and specifications.

At the intersection of two or more streets, or at the intersection of a driveway and a street, no hedge, fence or wall (other than a single post or tree) which is higher than three feet above curb level, nor any obstruction to vision, shall be permitted in the triangular area formed by the intersecting street or street/driveway lines and a line joining each 30 feet distant from said intersection along said street line and/or driveway line.

Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard area shall be measured from such right-of-way line.

No front yard shall be used for open storage or parking of boats, vehicles, travel trailers, snowmobiles, trailers and campers or other recreational vehicles, except for parking on clearly defined and recognizable driveways or parking areas. Stored boats, vehicles, travel trailers, snowmobiles, trailers and campers or other recreational vehicles must be owned and/or leased via a bona fide lease by a resident of the premises, and no undeveloped residential lots shall be used for such storage.

Except as otherwise provided herein or by specific resolution of the City Council, no display of goods or vending machines may be placed on any public sidewalk or right-of-way except in a C-2 Zone, where merchandise and vending machines may extend upon the sidewalk no more than eight feet from the adjacent building. In all other C Zones, merchandise may extend four feet from adjacent buildings, but shall not be on any public sidewalk.

All yards, open space and required off-street parking must be provided and contained within the district in which the use is permitted.

All yards fronting on a street shall be considered front yards and shall conform to the minimum front yard requirement for the district in which located.

When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter, either with respect to any existing structures or use or any proposed structures or use.

The surface of the front yard at the front wall of any dwelling shall be not less than one foot above the elevation of the center line of the traveled way of the street or highway measured at the midpoint between the sidelines of the lot, except when adequate drainage is provided.

The provisions of this chapter shall not apply to customary local utility distribution or collection lines for water, gas, telephone or electric service.

Parabolic or "dish" antennas shall not be permitted in front yards and shall be located so as to comply with setback requirements for accessory structures if located in a side or rear yard.

No commercial use and occupancy may occur until a zoning certificate is obtained from the City of Canandaigua Zoning Officer, which indicates that the intended use of the property and/or structure is authorized under Chapter 850 of the City's Municipal Code. A separate zoning certificate must be obtained for every new or change of use, occupancy, tenant, or owner of each property.