Canandaigua City Zoning Code
ARTICLE XI
Historic Zoning
§ 850-111 Purpose.
A.
The purposes of this article are to safeguard the heritage of the City of Canandaigua by reserving districts and buildings in the City which reflect elements of its cultural, social, economic, political and architectural heritage. In this connection, this article is intended, among other things, to:
B.
Stabilize and improve property values.
C.
Foster civic pride.
D.
Strengthen the local economy.
E.
Promote the use of historic districts, building and structures for the education, pleasure and welfare of the citizens of the City.
§ 850-112 Boundaries.
A.
Districts.
(1)
The North Main Street Historic District — to include all structures abutting the east and west side of North Main Street commencing at City Hall on the west side and extending to Buffalo Street and at the railroad tracks on the east side and extending to Chapel Street.
(2)
The Central Business District — to include all structures abutting the west side of South Main Street commencing at the railroad tracks and extending to Antis Street and all structures abutting the east side of South Main Street commencing at the railroad tracks and extending to Saltonstall Street; all structures abutting the south side of Niagara Street commencing at South Main Street and extending to and including the Elks Club Building (formerly the Masset Hotel); all structures abutting the south side of Coy Street commencing at South Main Street and extending to and including the building at 13 Coy Street; all structures abutting the north side of Coy Street commencing at South Main Street and extending to and including the house at 26 Coy Street; all structures abutting the north and south sides of Phoenix Street commencing at South Main Street and extending to Mill Street and including the Merrill Hose and Engine House.
(3)
The Gorham Street District — to include all structures abutting the north and south sides of Gorham Street commencing at North Main Street and extending to Wood Street.
(4)
The East Gibson Street District — to include all structures abutting the north side of Gibson Street commencing at North Main Street and extending to Charlotte Street and to include all structures abutting the south side of Gibson Street commencing at North Main Street and extending to Washington Street.
(5)
The Howell Street District — to include all structures abutting the north side of Howell Street commencing at North Main Street and extending to the Sonnenberg Playground and to include all structures abutting the south side of Howell Street commencing at North Main Street and extending to Washington Street.
(6)
The Park Place District — to include all structures abutting Park Place.
(7)
The Center Street District — to include all structures abutting the east and west sides of Center Street for its entire length.
(8)
The Bristol Street District — to include all structures abutting the north and south sides of Bristol Street, commencing at South Main Street and extending to Sucker Brook.
(9)
The Brigham Hall District — to include the grounds of the former Brigham Hall Hospital and structures thereon consisting of the Main Building and attachments, Heritage House, Recreation Building, Greenhouse and Garden structures.
(10)
The Bemis Street District — to include all structures and land on the west side of Bemis Street between the north line of lands now or formerly of Thompson on the north and Bristol Street on the south; and on the east side of Bemis Street between Coy Street on the north and Bristol Street on the south.
B.
Buildings and structures. The historic buildings and structures are designated as follows:
[Added 2-22-1990 by Ord. No. 90-2]
(1)
House, 100 Bristol Street.
(2)
House, 274 Bristol Street.
(3)
House, 175 Bristol Street.
(4)
House, 15-17 Dailey Avenue.
(5)
House, 21-23 Dailey Avenue.
(6)
House, 40 Fort Hill Avenue.
(7)
House, 55 Fort Hill Avenue.
(8)
House, 60 Granger Street.
(11)
House, 439 North Main Street.
[Amended 10-1-2015 by Ord. No. 2015-007]
(12)
House, 404 North Main Street.
(13)
House, 410 North Main Street.
(14)
House, 426 North Main Street.
(15)
House (Former Bates Tavern), 78-80 Perry Place.
(17)
House, 212 Park Street.
(18)
House, 559 South Main Street.
(19)
Colonial Inn Building, South Main Street.
(20)
House, 280 South Main Street.
(21)
House, 426 South Main Street.
(22)
House, 128 Thad Chapin Street.
(23)
House, 120 Washington Street.
(24)
House, 739 West Lake Drive.
(25)
House, 861 West Lake Drive.
(26)
Former neighborhood school, Chapel Street.
(27)
Former neighborhood school, Adelaide Avenue.
(28)
Former neighborhood school, Saltonstall Street.
(29)
Boathouses and finger piers adjacent to City Pier.
C.
Procedure and criteria for designation of historic districts and structures.
[Added 5-24-1990 by Ord. No. 90-8]
(2)
The boundaries of a historic district shall be specified in detail, and a group of properties to be designated as historic district shall meet these criteria:
(a)
At least 80% of the properties within the boundaries of the district shall meet one or more of the criteria for designation of an individual structure as set forth in Subsection C(3); and
(b)
By reason of possessing such qualities the group of properties constitute a district section of the City.
(3)
An individual property to be designated as a historic building or structure shall meet at least one of the following criteria:
(a)
Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic or social history of the locality, region, state or nation; or
(b)
Is identified with historic personages; or
(c)
Embodies the distinguishing characteristics of an architectural style; or
(d)
Is the work of a designer whose work has significantly influenced an age; or
(e)
Because of an unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood.
D.
Procedure and criteria for rescission of designation of historic structures.
[Added 11-24-1992 by Ord. No. 92-20]
(2)
Individual properties may be removed from designation under Subsection B upon petition of the individual property owner, if all of the following criteria are met.
(b)
The property is not listed on the State or National Registers of Historic Places, or does not qualify for such state or federal designation.
(c)
The exterior of the structure has previously been significantly altered or damaged to such an extent that the special character or distinguishing architectural characteristics which formerly gave the structure significance have been greatly diminished or destroyed.
§ 850-113 Regulation of structures.
No structure or building, including stone walls, fences, steps and paving shall be erected, constructed, reconstructed, altered, restored, moved or demolished in the historic districts or those situate in the designated historic buildings and structures, and no sign, light, fence, wall or other appurtenant fixture, hereafter called appurtenant fixtures, shall be erected or displayed on any lands, buildings or structures therein or thereon unless such action complies with the requirements of this article.
§ 850-114 Administration.
This chapter shall be administered by the Planning Commission of the City of Canandaigua.
§ 850-115 Powers and duties of Commission.
A.
The Commission, in reviewing applications for certificates of appropriateness, shall consider the appropriateness of proposed exterior features of buildings, structures and appurtenant fixtures, location on the lot, and removal or demolition of any building or structure under authority of said Commission, where such exterior features, buildings, structures and appurtenances are subject to public view from a public street or way. All plans, elevations, and other information deemed necessary by the Commission to determine the appropriateness of the exterior features or buildings in question shall be made available to it by the applicant.
(1)
In reviewing the plans, the Commission shall give consideration to: a) historical architectural value and significance of the structure and its relationship to the historic value of the surrounding area; b) the general compatibility of exterior design, arrangement, texture and materials to be used; and c) to any other factor, including aesthetic, which it deems pertinent. The Commission shall generally rely upon and adhere to the Secretary of the Interior's Standards for Rehabilitation of Historic Buildings.
(2)
The Commission may adopt a schedule of exterior paint colors which would not require review for certificates of appropriateness in applications to repaint involving a change of color.
[Added 5-28-1992 by Ord. No. 92-2]
B.
The Commission shall pass only on exterior features of a structure and will not consider interior arrangements, nor shall it disapprove applications except in regard to considerations as set forth in the previous subsection.
C.
It is also the intent of this article that the Commission shall be lenient in its judgment of plans for new construction or for alteration, repair or demolition of structures of little historic value, except where such construction, alteration, repair or demolition would seriously impair the historic value and character of surrounding structures of the surrounding area. It is not the intent of this article to limit new construction, alteration or repair to any one period of architectural style but rather to preserve an aesthetic whole.
D.
Nothing contained in this article shall be construed to prevent the ordinary maintenance or repair as any exterior architectural feature in either the historic districts or on designated structures of historic and architectural importance, which does not involve a change in basic design, material or the outward appearance thereof. For purposes of this subsection, sandblasting of exterior surfaces shall not be considered ordinary maintenance or repair.
E.
The Commission shall have the power to call in experts to aid in its deliberations and may ask the City Council for appropriations for such services.
F.
The Commission shall have the power to issue a certificate of appropriateness if it approves of the plans submitted to it for its review. The Code Enforcement Officer shall not issue a building permit until such certificate of appropriateness has been issued by the Commission.
[Amended 5-24-1990 by Ord. No. 90-8; 6-19-2008 by Ord. No. 2008-013]
§ 850-116 Procedure for review of plans.
A.
Application for a building permit to construct, alter, move or demolish any structure in the historic districts or one of the specific historic buildings or structures shall be made to the Director of Development and Planning. The application shall state whether the property is in an historic district or is an historic designated building or structure as set out in § 850-112. Plans shall be submitted showing the structure in question and also showing its relation to adjacent structures. Building permits shall be required for any alterations to any structure which is located in an historic district or is a designated historic structure if those alterations involve a basic change in design, material, or outward appearance, including a change in the color, of any external feature which is subject to public view from a public street or way, whether or not a building permit would otherwise be required.
[Amended 5-24-1990 by Ord. No. 90-8]
B.
Upon the filing of such application the Zoning Officer shall immediately notify the Planning Commission of the receipt of such application and shall transmit it together with accompanying plans and other information to the Commission unless it pertains solely to the interior of the structure.
[Amended 5-28-1992 by Ord. No. 92-2; 12-15-2005 by Ord. No. 2005-20]
(1)
Upon filing of an application to repaint involving a change of color, the Zoning Officer shall examine such proposal in reference to the approved schedule of appropriate historic colors and may grant approval if it is determined that the proposed colors are consistent with the color schedule. If the proposed colors are not included on the schedule of appropriate historic colors, then said application shall be transmitted to the Planning Commission for review.
C.
The Commission shall meet within 15 days after notification by the Code Enforcement Officer of the filing, unless otherwise mutually agreed upon by the Applicant and Commission and shall review the plans according to the duties and powers specified herein. In reviewing the plans, the Commission may confer with the applicant for the building permit.
[Amended 6-19-2008 by Ord. No. 2008-013]
D.
The Commission shall approve or disapprove such plans and shall inform the Code Enforcement Officer and the applicant of its decision. The Chairman shall also sign all prints submitted to the Commission signifying its approval.
[Amended 6-19-2008 by Ord. No. 2008-013]
E.
If the Commission disapproves of such plans, it shall state its reasons for doing so and shall transmit a record of such action and reasons therefore in writing to the applicant. The Commission may advise what it thinks proper if it disapproves of the plans submitted. The applicant, if he so desires, may make modification of his plans and shall have the right to resubmit his application at any time after so doing.
F.
The failure of the Commission to approve or disapprove of such plans within 45 days from the date of application for the building permit, unless otherwise mutually agreed upon by the applicant and Commission, shall be deemed to constitute approval and the Code Enforcement Officer shall proceed to process the application without regard to a certificate of appropriateness.
[Amended 5-24-1990 by Ord. No. 90-8; 6-19-2008 by Ord. No. 2008-013]
G.
Enforcement. All work performed pursuant to a Certificate of Appropriateness issued under this article shall conform to any requirements included therein. It shall be the duty of the Zoning Officer to inspect periodically any such work to assure compliance. In the event work is found that is not being performed in accordance with the certificate of appropriateness, or for which no certificate of appropriateness has been issued, or upon notification of such fact by the Planning Commission, the Code Enforcement Officer shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop-work order is in effect. Violations of this article shall be punishable pursuant to § 850-7 of this chapter.
[Amended 5-24-1990 by Ord. No. 90-8; 12-15-2005 by Ord. No. 2005-20]
§ 850-117 Hardship criteria.
[Amended 5-24-1990 by Ord. No. 90-8]
A.
An applicant whose certificate of appropriateness for a proposed demolition or alteration has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that:
(1)
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
(2)
The property cannot be adopted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and
(3)
Efforts to find a purchaser interested in acquiring the property and preserving it have failed.
B.
Hardship application procedure.
(1)
After receiving written notification from the Commission of the denial of a certificate of appropriateness, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Commission makes a finding that a hardship exists.
(2)
The Commission may hold a public hearing on the hardship application at which an opportunity will be provided for proponents and opponents of the application to present their views.
(3)
The applicant shall consult in good faith with the Commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.
(4)
All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the City Clerk/Treasurer's office for public inspection. The Commission's decision shall state the reasons for granting or denying the hardship application.
§ 850-118 Applicability of article.
The provisions of this article shall be in addition to and shall in no manner supersede or nullify any other provisions contained in this Chapter 850, Zoning.
§ 850-119 Amendments.
A.
Pursuant to the General City Law and the Charter of the City of Canandaigua and all applicable provisions of Chapter 850, Zoning, this article may be amended, supplemented and repealed.
B.
Pursuant to the provisions of this Chapter 850, Zoning, the Planning Commission shall file with the City Clerk/Treasurer its report of any proposed amendment, supplementation or repeal of this article after such proposal has been referred to the Planning Commission or its approval thereof shall be deemed to have been made.