The following uses may be permitted provided a special use permit is obtained from the Planning Commission under the terms and specifications therein.

Recognizing the necessity for certain specific uses and appreciating that they or any one of them may be, or become, inimical to the public health, safety, and general welfare of the community if located in proximity to existing conditions and surroundings, the preceding standards and proceedings are hereby established which are intended to provide the Planning Commission with a guide for the purpose of reviewing certain uses not otherwise permitted in this chapter.

The Planning Commission shall review and administer applications for the uses according to procedures spelled out in Article IV, Administration, of this chapter.

Recipients of Special use permits shall comply with all requirements of the State Uniform Fire Prevention and Building Code of the State of New York.

The proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.

The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of owners and tenants in the zone in which it is located.

Adequate and attractive fences and other safety devices will be provided.

A buffer strip 10 feet in width shall be provided around the perimeter of the property.

Adequate off-street parking shall be provided.

All of the area, yard, and building coverage requirements of the respective zone will be met.

The proposed use shall be consistent with the goals and recommendations of the Comprehensive Plan, shall be compatible with adjacent properties and not adversely affect property values.

A home occupation shall be carried on by a family member living within the dwelling and shall include not more than one nonresident person working in the dwelling.

No home occupation shall require exterior alterations to the primary structure. There shall be no exterior display, no exterior sign except a name plate as permitted by § 850-58 of this chapter, no exterior storage of materials, stock or equipment, and no other exterior indication of the home occupation or variation from residential character of the principal building.

Under no circumstances shall the home occupation exceed 20% of the total gross floor area of the primary structure.

No equipment, device or object shall be used which will cause line disturbance in the electric service so as to interfere with normal reception of radio and television broadcast signals within the neighborhood. No offensive noise, odor, vibration, smoke, dust, heat or glare shall be produced.

Off-street parking shall be provided. The Planning Commission may determine on a case-by-case basis what the parking requirement shall be, provided that such requirement shall not exceed the requirements of Schedule II,[1] and may require landscaping, buffering, and other such considerations, provided that such requirements shall not exceed the requirements of Article VIII, Special Regulations, of this chapter.

No more than 20 customers or clients or persons doing business with the home occupation per day shall frequent the home occupation.

Site plans shall be submitted at a scale of not less than 10 feet to the inch showing the location and dimensions of off-street parking, private entrances, walkways and landscaping. Plans shall be submitted at a scale of not less than 1/4 inch to the foot showing the dimensions and square footage of all rooms and storage spaces and indicating the intended use of all rooms.

The minimum size of the apartment units to be created shall be in accord with Schedule III of this chapter.[1]

Documentation that all plumbing, heating and electrical equipment and facilities are adequate and appropriate for the proposed conversion.

In addition to off-street parking required for the base unit, an additional 1 1/2 off-street parking spaces shall be provided for each unit created through the conversion.

There shall be no structural alterations which will alter the exterior of any structure unless such structural alterations are not readily visible from an adjoining street.

A certificate of occupancy shall be required for all conversions.

The number of dwelling units per building created through a residential conversion shall be no more than one dwelling unit in excess of the number permitted as a primary use.

The proposed use shall be consistent with the goals and recommendations of the Comprehensive Plan, shall be compatible with adjacent properties and not adversely affect property values.

Social halls, clubs, lodges and fraternal organizations, not including those operated for a profit, may be permitted in the R-1B, R-2, R-3 and R-I and C-1 Districts with a special permit.

Such facilities may include: buildings and recreation areas and facilities, including clubhouses, parks, playgrounds, swimming pools, tennis courts and other such activities operated by nonprofit membership organizations. A permit may be granted provided that the following standards are observed:

Area and yard specifications as well as unloading areas, driveways, signs, and landscaping, shall be in accord with the provisions of Article IX and the schedules of this chapter.

A set of plans, and a statement setting forth full particulars on the operation of this use is filed with the Planning Commission.

Design plans for such uses shall be developed in a manner compatible with the architectural design of the neighborhood.

The proposed use shall be consistent with the goals and recommendations of the Comprehensive Plan, shall be compatible with adjacent properties and not adversely affect property values.

In addition to the information required in the special permit application and enumerated in § 850-19C(2) of this chapter, the site plan submitted shall also show the number and location of fuel tanks to be installed, the dimensions, and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed and the type of structure and accessory building(s) to be constructed.

All fuel storage tanks and pumps shall be installed and licensed in accordance with all requirements of laws, ordinances and regulations of the State of New York and the City of Canandaigua.

The minimum acceptable size for any service station site shall be 30,000 square feet with at least 200 feet frontage on any street containing curb cuts into the station. All area and yard requirements shall be in accord with the specifications identified in the schedules of this chapter.

There shall be no more than two driveways, with a combined width of not more than 1/3 the site frontage on each public street fronting the site.

No driveway shall be closer than 50 feet to the intersection of two street corner lot lines, or within 10 feet of an adjacent lot line, nor closer than 200 feet along the same side of a street of any school, public playground, church, hospital, public library or institution for dependents or for children, except where such property is in another block or on another street on which the zone lot does not abut.

No motor vehicle service station shall be located within a radius of 1,000 feet of an existing service station or an existing convenience store which sells petroleum products.

Suitable landscaping shall be provided and maintained in a healthy state to give an attractive appearance to the public. This landscaping requirements is in addition to any screening requirements along abutting property lines as provided in § 850-33 of this chapter. All site plans for planting and screening shall be prepared by a landscape architect licensed to practice in the State of New York, and all construction drawings and planting plans submitted to the Planning Commission shall bear the stamp of such a landscape architect.

All exterior and interior lighting shall be so designed and directed as to 1) cause no hazard to the operation of vehicles on the public streets, and 2) create no annoyance or hindrance to the occupants or users of nearby properties. The lighting should enhance the appearance of the service station site as much as possible.

All signs, whether permanent or otherwise shall at all times conform to the sign regulations as provided in Article IX, Signs, of this chapter.

All operations and display of merchandise shall be within an approved building, except those directly required for dispensing of fuel, water and air, replenishment of oil and the making of minor emergency repairs. Tires must be displayed in racks.

No motor vehicles may be stored or displayed on the premises for the purpose of resale or salvage, except that motor vehicles towed in as a result of traffic accidents may be stored on premises during the time of insurance disposal providing such vehicles are properly screened from adjacent properties, streets and highways.

All portions of the site, including landscaping and buildings, shall be maintained in a safe, neat and clean condition. The areas outside of buildings must be free of rubbish and all material not specifically permitted as displayable merchandise. No operation is permitted which will produce objectionable noises or other pollutants such as unusual exhaust fumes and smoke.

Any repair of motor vehicles shall be performed in a fully enclosed building. No motor vehicle parts, or partially dismantled motor vehicle shall be stored outside of an enclosed building.

As a special exception to the zoning regulations the owner of a nonconforming automobile service station may elect to erect a new service station in full conformity with this chapter on a new site in a C-3 Zone in which event the nonconforming use on the original site will be considered to have been permanently abandoned.

The proposed use shall be consistent with the goals and recommendations of the Comprehensive Plan, shall be compatible with adjacent properties and not adversely affect property values.

The number of automobile service stations within the boundaries of the City shall not exceed 1 1/2 per 1,000 population, except that those in active use on the effective date of this chapter may continue in existence as nonconforming uses subject to all the regulations of this chapter.

Any service station use which includes a drive-through facility for the sale of carry-out food must also meet the requirements of this chapter for a drive-through restaurant.

Full-service restaurants may be permitted by special use permit in the C-1, C-2, C-3, C-L and R-O Zone Districts, provided that:

Carry-out restaurants may be permitted by special use permit in the R-O, C-1, C-2 and C-L Zone Districts, provided that the standards listed above are maintained, and that:

Drive-through restaurants may be permitted by special use permit in the C-3 Zone District only, provided that the standards listed above are maintained, and that:

Drinking establishments and nightclubs may be permitted by special use permit in the C-2, C-L, and C-3 Zone Districts provided that the standards listed in Subsection A through C above are maintained and that:

Eating and drinking establishments may be permitted by special use permit in the C-2 and C-L Zone Districts, provided that:

Detailed plot plans showing parking, building location, buffer areas, etc., shall be submitted as required by this chapter.

No structure shall contain more than one dwelling unit per 750 square feet of lot area.

Business and professional offices as well as limited commercial uses which are designed to serve the occupants of the structure may be permitted to occupy the first two stories of the building.

The minimum lot area of a high-rise project shall be one acre in size.

The minimum lot width shall be 150 feet.

Area and yard specifications as well as requirements for off-street parking, driveways and signs shall be in accord with the provisions of Article VIII, Special Regulations, and the schedules of this chapter.

All yards shall have a minimum depth equal to but not less than 1/2 the height of the tallest building, but in no case shall the required yard areas be less than 35 feet.

Parking may be provided in any yard area except the front yard.

Each building shall be provided with suitable elevator service.

Not less than 10% of the property area shall be used as planted and landscaped areas.

The proposed use shall be consistent with the goals and recommendations of the Comprehensive Plan, shall be compatible with adjacent properties and not adversely affect property values.

A statement setting forth full particulars on the operation of the use shall be filed with the Planning Commission.

It is ascertained by the Planning Commission that the proposed use is a nonprofit organization, with taxable status under Section 501(c)(3) of the Internal Revenue Code, operated solely for the members of said organization or the provision of a particular public service.

The Planning Commission finds that the proposed use is compatible with adjacent properties, will not adversely affect property values and is consistent with the objectives of the City Comprehensive Plan.

Area and yard specifications as well as requirements for off-street parking, loading and unloading areas, driveways, signs and landscaping, shall be in accord with the provisions of Article IX and the schedules of this chapter.

Such uses are incidental to the primary use and are located within the primary structure, are located on the ground floor of the structure, and occupy no more than 2,000 square feet within the structure;

Such uses are accessible to the public only from within the primary structure, and do not have individual exterior public entrances separate from the entrances for the primary use; and

Such uses are properly separated from residential uses, and meet the minimum requirements of the New York State Uniform Fire Prevention and Building Code and any other applicable laws, ordinances, codes or regulations.

The proposed use shall be consistent with the goals and recommendations of the Comprehensive Plan, shall be compatible with adjacent properties and not adversely affect property values.

The residential uses are properly separated from the other permitted uses.

Minimum habitable floor space for each dwelling unit shall be in accord with the provisions of Schedule III of this chapter.[1]

All such uses shall meet the minimum requirements of Chapter 748, Housing Standards, adopted by the City of Canandaigua and the New York State Uniform Fire Prevention and Building Code, and any other applicable laws, ordinances, codes or regulations.

The property owner shall provide an adequate area for the temporary storage of household wastes and garbage generated by the residential uses, either in a dumpster or garbage cans located on the property or in a secure and sanitary area within the building.

Adequate off-street parking shall be available for the residential use, either on the premises or in a nearby public parking area. If the parking provisions are on the premises, they shall meet the requirements of Article VIII, Special Regulations, and Schedule II of this chapter.[2] If the parking provisions are in a public parking area, such parking shall not be considered adequate unless all night parking is permitted, there are at least 1 1/2 such parking spaces for each proposed residential unit, and all such parking spaces are located within a radius of 150 feet of the primary entrance to the residential use.

The proposed use shall be consistent with the goals and recommendations of the Comprehensive Plan, shall be compatible with adjacent properties and not adversely affect property values.

Administrative offices and office buildings of a business, professional or governmental nature may be permitted in the C-L and R-I Districts provided that:

Professional offices (not health-related) may be permitted by special use permit in the H-R. Health-Related District, provided that:

The Planning Commission finds that the proposed use is compatible with adjacent properties and will not adversely affect property values and is consistent with the objectives of the City Comprehensive Plan.

It is determined that all of the requirements of this chapter are maintained, and that the proposed use is in compliance with all laws, codes, ordinances, and regulations of the State of New York and the City of Canandaigua.

Off-street parking shall be provided in accordance with the requirements of Article IX and Schedule II of this chapter.[1] However, not less than 30% of the total lot area shall be devoted to lawns, gardens, landscaping, plantings or tree cover, and no more than 35% of the total lot area may be occupied by parking areas and driveways.

The maximum number of roomers which may occupy any given boarding-, rooming or lodging house shall be limited by the maximum parking area restriction above, as well as by the space requirements of Article III, Space Requirements, of Chapter 748, Housing Standards, of the Code of the City of Canandaigua, but in no case shall exceed 10 roomers per dwelling.

No rooming house shall be located within a radius of 1,000 feet of an existing rooming house.

A statement setting forth full particulars on the operation of the use shall be filed with the Planning Commission.

The Planning Commission finds that the proposed use is compatible with adjacent properties, will not adversely affect property values and is consistent with the objectives of the City Comprehensive Plan.

Dormitories and fraternity and/or sorority houses shall not house more than 40 persons per gross acre of land.

Area and yard specifications as well as requirements for off-street parking, loading and unloading areas, driveways, signs and landscaping shall be in accord with the provisions of Article VIII, Special Regulations, and the schedules of this chapter.

The proposed use is in compliance with all laws, codes, ordinances and regulations of the State of New York and the City of Canandaigua.

Building and structures shall be designed and planned to take advantage of and be compatible with the natural features of the site and area, and shall be architecturally compatible with the residences in the subdivision in which the clubhouse is located.

Lighting, signage, landscaping, and parking shall be considered as part of the overall lighting, signage, landscaping and parking plan for the subdivision in which the clubhouse is located.

The clubhouse shall be operated solely for the recreation and enjoyment of members of the homeowners' association and their guests.

The size of the clubhouse shall be limited to 20 square feet of gross floor area per dwelling unit in the subdivision, and shall be subject to the area requirements of Schedule I of this chapter.[1]

The proposed use shall be consistent with the goals and recommendations of the Comprehensive Plan, shall be compatible with adjacent properties and not adversely affect property values.

The applicant shall submit an analysis or study covering a projected five-year period, including projections and discussions of automobile and pedestrian traffic volume and patterns; projected number of customers; projected number of employees, consumer area being drawn upon, and, if over 30,000 square feet, impact on local economy.

The Planning Commission finds that the proposed use is consistent with the goals and recommendations of the Comprehensive Plan.

The Planning Commission finds that the proposed use is compatible with adjacent properties and will not adversely affect property values.

The Planning Commission finds that the proposed use will not create traffic problems.

The proposed development shall be constructed in accordance with an overall plan for the entire area and shall be designed with a single architectural scheme with appropriate common landscaping.

It has been found that it would be beneficial to the general welfare of the citizens of the City of Canandaigua to compel the relocation of utility services in underground conduits and cables; that the health, safety and welfare of the citizens would be promulgated by such underground location; and in addition, the beauty and appearance of the street, which is a main thoroughfare of the City, would be greatly enhanced by the elimination of poles and overhead wiring.

Gibson Street, City Pier, Calman Place; Tamarack Drive, and all streets presently in existence or constructed in the future within the Residential Lakefront Zone Districts, the Commercial Lakefront Zone Districts, and the Parks/Recreational Zone Districts hereby are designated as underground wiring districts for the installation of any and all utilities, wires and services that may be required in order for the public utilities to provide electrical, telephone and other related services to their customers.

There is expressly excluded from the provisions of this chapter those properties and residences fronting on Gibson Street and which now receive their utility services, electrical, telephone and otherwise, from streets that intersect the aforesaid Gibson Street. These properties shall be allowed to continue to receive their utility services from the facilities situate on the intersecting streets. In the event that one or more of the utility services provided from the said intersecting streets shall be discontinued or terminated and such service required to be obtained from facilities on Gibson Street, then, and in that event, the provisions of this chapter shall prevail.

No wire or cables shall be installed above or over such street in said City. All wires and cables hereinafter installed shall be placed underground by direct burial and/or by conduits properly constructed, laid and maintained in accordance with the laws, rules, regulations and ordinances pertaining thereto. Nothing herein shall be construed as prohibiting the use of streetlighting poles, provided that the wiring to and between such poles shall be underground.

The proposed use shall be consistent with the goals and recommendations of the Comprehensive Plan, shall be compatible with adjacent properties and not adversely affect property values.

It is determined that all of the requirements of this chapter are maintained, including off-street parking regulations, landscaping, buffering and all other considerations contained in Article IX and the schedules of this chapter.

The Planning Commission finds that the proposed use is compatible with adjacent properties, will not adversely affect property values and is consistent with the objectives of the City Comprehensive Plan.

Landscaping shall be provided and maintained and an evergreen buffer strip be planted and maintained between this use and any adjacent residential use or district.

It is determined that all of the requirements of this chapter are maintained, including off-street parking, landscaping, buffering and all other considerations contained in Article VIII, Special Regulations, and the schedules of this chapter.

The Planning Commission finds that the proposed use is compatible with adjacent properties, will not adversely affect property values and is consistent with the objectives of the City Comprehensive Plan.

No driveway shall be located less than 50 feet from a street corner or less than 10 feet from a property line.

The site plan shall be designed to minimize traffic congestion.

The proposed use shall not adversely affect the traffic flow in the area of the proposed use.

In the C-L District, no convenience store which sells petroleum products shall be located within a radius of 2,500 feet of an existing convenience store which sells petroleum products. In the R-O, C-1 and C-2 Districts, no convenience store which sells petroleum products shall be located within a 1,000 foot radius of an existing convenience store which sells petroleum products or of a preexisting service station.

The plan of operation and site plan shall provide for suitable storage of trash and bottles out of the public view. Any dumpsters shall be screened by landscaping and/or fencing.

If "self-service" gasoline or fuel is offered, the lot and site plan also must meet the minimum requirements herein for motor vehicle service stations.

The number of gasoline dispensers shall not exceed six and the number of diesel fuel dispensers and kerosene dispensers shall not exceed one of each type. Only one canopy of no more than 4,500 square feet in area shall be permitted per site.

No convenience stores may include a drive-through facility for the sale of carry-out food.

The traffic circulation patterns within the site shall be designed to minimize conflicts between pedestrian and vehicular traffic. Clearly defined walkways shall be provided for pedestrians entering the site from public sidewalks adjacent to the site.

A minimum of 20% of the lot area, minus the area of the building, shall be landscaped. Except at driveways, site paving may not extend to the public right-of-way, but shall be separated from any adjacent public sidewalk by a grass strip at least three feet in width, and the area between the edge of the public sidewalk or the right-of-way boundary and the street curb or edge of street pavement shall be planted. Neither may site paving extend to the property line of any adjacent parcel. If the site is adjacent to any residential use, buffer planting shall be provided as required by Article VIII, Special Regulations, of this chapter.

Site lighting shall be designed to enhance pedestrian safety. All site lighting, including any canopy lighting, shall be directed downward. Canopy lights shall be recessed into the bottom of the canopy.

The design of the building, including siding and roofing materials, shall be appropriate to and compatible with the existing character of the surrounding neighborhood.

There shall be no exterior display of merchandise at any convenience store.

It is determined that all of the requirements of this chapter are maintained, including off-street parking requirements, landscaping, buffering and all other considerations contained in Article VIII, Special Regulations, and the schedules of this chapter.

The Planning Commission finds that the proposed use is compatible with existing uses within the same building, on the same premises, and on adjacent properties; will not adversely affect property values and is consistent with the objectives of the City Comprehensive Plan.

The facility shall be licensed as may be required by the laws of the State of New York.

The site plan shall be designed to minimize traffic congestion, and shall provide an off-street area directly adjacent to a building entrance, for the safe loading and unloading passengers from buses, vans and/or private vehicles.

If the facility provides child day care, the site plan shall include and provide for a fenced-in yard or outside play area, located in a side or rear yard, and screened and buffered by landscaping.

It is determined that all of the requirements of this chapter are maintained, off-street parking regulations, landscaping, buffering and all other considerations contained in Article VIII, Special Regulations, and the schedules of this chapter.

The Planning Commission finds that the proposed use is compatible with adjacent properties, will not adversely affect property values and is consistent with the objectives of the City Comprehensive Plan.

Such use shall not be closer than 100 feet to any residential use or district, or to any restaurant or hotel.

Any outdoor exercise areas shall be provided and located at the rear of the property and shall be enclosed with adequate fencing and visual screening.

Applicant shall demonstrate and utilize effective measures to prevent offensive noise and odors.

There shall be no incineration of refuse on the premises.

It is determined that all of the requirements of this chapter are maintained, including off-street parking regulations, landscaping, buffering and all other considerations contained in Article VIII, Special Regulations, and the schedules of this chapter.

The Planning Commission finds that the proposed use is compatible with adjacent properties, will not adversely affect property values and is consistent with the objectives of the City Comprehensive Plan.

The site plan shall provide for minimizing traffic congestion; adequate off-street driveways shall be provided for the organization of funeral processions.

The Planning Commission finds that the proposed use is compatible with adjacent properties, will not adversely affect property values and is consistent with the objectives of the City Comprehensive Plan.

The use as a tourist home/bed-and-breakfast shall involve the rental of a partial dwelling unit within a single-family dwelling.

A resident of the dwelling shall be present during the rental. There shall be no more than two, nonresident employees.

The proposed use shall be in compliance with Chapter 748, Housing Standards, of the Code of the City of Canandaigua and the New York State Uniform Fire Prevention and Building Code.

The use of the premises as a bed-and-breakfast shall not require or involve any exterior alterations to the structure which will make it appear as other than a single-family residence.

The establishment shall not sell meals to persons other than overnight guests unless otherwise permitted as a restaurant in compliance with § 850-83.

The establishment shall not operate as a rooming house or boardinghouse as defined in § 850-12.

The establishment shall be considered a lodging facility. Applicable county and local lodging tax shall be collected.

The owner shall maintain records identifying names and permanent addresses of all renters and the duration of their stay.

The Planning Commission shall determine, on a case-by-case basis, the maximum occupancy, but in no case shall the occupancy exceed 10 guests at any one time.

Off-street parking shall be provided. The Planning Commission may determine, on a case-by-case basis, what the parking requirement shall be, provided that such requirement shall not exceed the requirements of Schedule II.

It is determined that all of the requirements of this chapter are maintained, including off-street parking regulations, landscaping, buffering and all other considerations contained in Article VIII, Special Regulations, and the schedules of this chapter.

The Planning Commission finds that the proposed use is compatible with adjacent properties, will not adversely affect property values and is consistent with the objectives of the City Comprehensive Plan.

The dimensions of the first floor of any building shall be not less than 18 feet by 30 feet.

Each townhouse unit shall have a rear yard at least 30 feet in depth with provisions for privacy within these yards consisting of walls, fencing or shrubbery, along the sides of the yards.

There shall be no more than six dwelling units within a townhouse structure.

No townhouse group or building shall be located within 25 feet of another townhouse group or within 50 feet of any other structure.

Every building shall have a minimum setback of 15 feet from parking areas serving more than one dwelling unit.

Applicant shall provide a detailed landscaping plan for the project, prepared by a licensed landscape architect.

Minimum floor area for townhouse units shall comply with Schedule III.[1]

The taxicabs and taxicab drivers shall be licensed as required by Chapter 618, Taxicabs, of the Code of the City of Canandaigua.

Sufficient off-street parking shall be provided on the premises of the taxicab dispatch offices for at least 50% of the taxicabs whose licenses are held by that company.

The taxicab dispatch office shall not be located on a street where on-street parking is prohibited.

The proposed use shall be consistent with the goals and recommendations of the Comprehensive Plan, shall be compatible with adjacent properties and not adversely affect property values.

It is determined that all of the requirements of this chapter are maintained, including off-street parking regulations, landscaping, buffering and all other considerations contained in Article VIII, Special Regulations, and the schedules of this chapter.

Whenever possible the building site design and architectural design of the proposed use should be compatible with existing development patterns in the vicinity of the project.

Such facilities may include administrative offices, common areas and meeting rooms, and services for residents, provided that such uses are incidental to the primary use and properly separated from the residential uses.

Parking areas shall be located in the rear or side yards, and shall have at least 5% of the required parking spaces set aside for use by handicapped drivers.

Driveways, parking areas, dwelling entranceways, and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and the motor vehicles utilizing the same, and light sources shall, where necessary, be shielded to avoid glare disturbing to occupants of the buildings.

The proposed use shall be consistent with the goals and recommendations of the Comprehensive Plan, shall be compatible with adjacent properties and not adversely affect property values.

The proposed use shall be consistent with the goals and recommendations of the Comprehensive Plan.

The proposed use shall be compatible with adjacent properties and not adversely affect property values.

The proposed use shall not create traffic problems.

The applicant shall submit an analysis or study covering a projected five-year period, including projections and discussions of automobile and pedestrian traffic volume and patterns; projected number of customers; projected number of employees; and consumer area being drawn upon.

Suitable landscaping shall be provided and maintained in a healthy state to give an attractive appearance to the public and to screen the adjacent properties from the visual, noise, and air quality impacts associated with drive-through traffic.

The drive-through entrance shall have no direct access to an arterial street.

Driveways shall be separated a minimum of 40 feet from any other driveway on or off of the project site.

Driveways shall be separated a minimum of 65 feet from any street intersection, as measured to the edge of the right-of-way.

The drive-through windows shall not be located on the front of the building and, where practical, shall not be visible from an arterial street.

The proposed use shall be consistent with the goals and recommendations of the Comprehensive Plan.

The proposed use shall be compatible with adjacent properties and not adversely affect property values.

The proposed use shall not create traffic problems.

Provisions shall be established for entering and leaving the premises in such a manner that traffic or pedestrian hazards are minimized.

No repair work except of an emergency nature shall be performed out-of-doors.

No junking or wrecking of motor vehicles shall be allowed, nor shall vehicles be kept on the site for "scavenging" of used parts.

No "automobile sales area" shall be allowed on property fronting South Main Street or on property adjacent to a tributary or outlet of Canandaigua Lake.

The proposed use shall be consistent with the goals and recommendations of the Comprehensive Plan.

The proposed use shall be compatible with adjacent properties and not adversely affect property values.

The proposed use shall not create traffic problems.

No offensive noise, odor, vibration, smoke, dust, heat or glare shall be produced.

The proposed use shall be consistent with the goals and recommendations of the Comprehensive Plan.

The proposed use shall be compatible with adjacent properties and not adversely affect property values.

The proposed use shall not create traffic problems.

Applicant shall demonstrate and utilize effective measures to prevent offensive noise and odors.

The proposed use shall be consistent with the goals and recommendations of the Comprehensive Plan.

The proposed use shall be compatible with adjacent properties and not adversely affect property values.

The proposed use shall not create traffic problems.

Off-street parking space shall be provided. The Planning Commission may determine on a case-by-case basis what the parking requirement shall be, provided that such requirement shall not exceed the requirements of Schedule II,[1] and may require landscaping, buffering and other considerations, provided that such requirements shall not exceed the requirements of Article VIII, Special Regulations, of this chapter.

The property owner shall provide an adequate area for the temporary storage of household wastes and garbage generated by the residential uses, either in a dumpster or garbage cans located on the property and screened from public view, or in a secure and sanitary area within the building.

Such commercial operations shall be restricted to those buildings and structures which are immediately adjacent to the City Pier, and those uses permitted by § 850-48C(1).

The proposed use shall be consistent with the goals and recommendations of the Comprehensive Plan.

The proposed use shall be compatible with adjacent properties and not adversely affect property values.

The proposed use shall not create traffic problems.

Commercial enterprises selling food and nonalcoholic beverages shall be permitted to place tables and chairs up to four feet in front of the premises for the consumption of such food and nonalcoholic beverages.

All public access to such commercial operations shall be from the pier rather than from the boardwalks.

The Planning Commission finds that the proposed use will not adversely affect property values and is consistent with the objectives of the City Comprehensive Plan.

Detailed site plans showing building location, parking, traffic flow, buffer areas, proposed compatible, ancillary or accessory uses, building heights, aggregate hotel square footage, aggregate ancillary or accessory building square footage, overall signage design plan, etc. are submitted for review. Site plan approval may be granted upon finding that:

Access to parking and public street may be provided by deeded easement or right-of-way.

Eating, conference, drinking, business, professional uses and retail shops may be permitted as accessory or ancillary uses. Such accessory or ancillary uses shall conform to all regulations set forth in this chapter.

All exterior lighting shall be so designed and directed as to:

All portions of the site, including landscaping, ground- and stormwater management systems, shall be maintained in a safe, neat and clean condition.

The Planning Commission finds that the proposed use will not adversely affect property values and is consistent with the objectives of the City Comprehensive Plan.

Detailed site plans showing building location, parking, traffic flow, buffer areas, proposed compatible, ancillary or accessory uses, building heights aggregate convention center square footage, aggregate ancillary or accessory building square footage, overall signage design plan, etc. Site plan approval may be granted upon finding that:

Access to parking and public street may provided by deeded easement or right-of-way.

Eating, conference, drinking, business, professional uses and retail shops may be permitted as accessory or ancillary uses. Such accessory or ancillary uses shall conform to all regulations set forth in this chapter.

All exterior lighting shall be so designed and directed as to:

All portions of the site, including landscaping, ground- and stormwater management systems, shall be maintained in a safe, neat and clean condition.

The Planning Commission finds that the proposed use will not adversely affect property values and is consistent with the objectives of the City Comprehensive Plan.

Detailed site plans showing building location, parking, traffic flow, buffer areas, proposed compatible, ancillary or accessory uses, building heights aggregate convention center square footage, aggregate ancillary or accessory building square footage, overall signage design plan, etc. Site plan approval may be granted upon finding that:

Access to parking and public street may provided by deeded easement or right-of-way.

Eating, conference, drinking, business, professional uses and retail shops may be permitted as accessory or ancillary uses. Such accessory or ancillary uses shall conform to all regulations set forth in this chapter.

All exterior lighting shall be so designed and directed as to:

All portions of the site, including landscaping, ground- and stormwater management systems, shall be maintained in a safe, neat and clean condition.

The Planning Commission finds that the proposed use is compatible with adjacent properties, will not adversely affect property values and is consistent with the objectives of the City Comprehensive Plan.

The proposed use shall be in compliance with Chapter 748, Housing Standards, of the Code of the City of Canandaigua and the New York State Uniform Fire Prevention and Building Code.

Off-street parking shall be provided. The Planning Commission may determine, on a case-by-case basis, what the parking requirement shall be, provided that such requirement shall not exceed the requirements of Schedule II,[1] and may require landscaping, buffering and other considerations, provided that such requirements shall not exceed the requirements of Article VIII, Special Regulations, or this chapter.

Parking shall not be visible from the public right-of-way.

The use as a private events center with guest accommodations shall be located on a minimal lot of 10 acres with a minimum setback of 100 feet from the front lot line and a minimum setback of 100 feet with landscape buffer from all lot lines bordering residential areas.

The use of the premises as a private event center with guest accommodations shall appear from the public right-of-way to be a single-family residence.

The operation of the private event center with guest accommodation may have at least one resident employee on site.

The establishment shall not operate as a restaurant by selling meals other than to those attending the private event.

The establishment shall not operate as a rooming house or a boardinghouse by accommodating long-term accommodations for its guests.

Occupancy shall be limited to no more than eight guest rooms.

The Planning Commission finds that the proposed short-term rental is compatible with adjacent properties, will not adversely affect property values and is consistent with the objectives of the City Comprehensive Plan.

Within the R-2, R-3, and R-L Zone Districts, the short-term rental unit shall be the owner's primary residence, and may not be rented for more than a total of 60 days in each calendar year in increments of not less than two nights.

The rental unit shall be registered and periodically inspected in compliance with the City of Canandaigua Rental Inspection Program.

The proposed short-term rental shall be in compliance with Chapter 748, Housing Standards, of the Code of the City of Canandaigua and the New York State Uniform Fire Prevention and Building Code.

The use of the premises shall not require or involve any exterior alterations to the structure.

The short-term rental property shall not sell meals to persons other than overnight guests unless otherwise permitted as a restaurant in compliance with § 850-83.

The short-term rental property shall not operate as a rooming house or boardinghouse as defined in § 850-12.

The short-term rental property shall be considered a lodging facility. Applicable county and local lodging tax shall be collected.

The owner shall maintain records identifying names and permanent addresses of all renters and the duration of their stay.

The Planning Commission shall determine, on a case-by-case basis, the maximum occupancy.

Off-street parking shall be provided. The Planning Commission may determine, on a case-by-case basis, what the parking requirement shall be, provided that such requirement shall not exceed the requirements of Schedule II.

The special use permit shall be issued as a temporary, renewable permit, which shall expire three years from the date of approval. The permit shall be renewed administratively by the Zoning Officer upon verification of compliance with the original conditions of approval. If the Zoning Officer determines noncompliance or verifies written complaints received, the permit shall be forwarded to the Planning Commission for review in accordance with the procedure of the original review. The permit may be revocable at any time if the conditions of approval are not being met.

The special use permit shall not be transferable to a different property owner.

All short-term rental special use permits issued prior to the adoption date of this section, including those that might be made noncompliant, may be continued in accordance with the conditions of that permit, However, all previously approved short-term rentals shall be subject to administrative renewal in accordance with the provisions in § 850-110.5L and shall also be subject to the provisions of § 850-110.5.M.