[Amended 4-9-1987 by Ord. No. 87-2; 8-9-1990 by Ord. No. 90-17; 1-28-1993 by Ord. No. 93-01; 10-28-1993 by Ord. No. 93-20; 3-3-1994 by Ord. No. 94-001; 6-15-1995 by Ord. No. 95-05; 10-5-1995 by Ord. No. 95-007; 5-15-1997 by Ord. No. 97-010; 12-4-1997 by Ord. No. 97-026; 3-5-1998 by Ord. No. 98-003; 9-3-1998 by Ord. No. 98-015; 11-19-1998 by Ord. No. 98-012; 11-18-1999 by Ord. No. 99-006; 1-16-2003 by Ord. No. 2002-017; 11-4-2004 by Ord. No. 2004-014; 12-15-2005 by Ord. No. 2005-20; 5-4-2006 by Ord. No. 2006-007]
Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this chapter. The interpretation given to certain terms shall be as set forth in §
850-3B of this chapter.
ACCESSORY BUILDINGA subordinate building located on the same lot with the main building, occupied or devoted to an accessory use.
ACCESSORY USEA use incidental and subordinate to the primary use and located on the same lot with such primary use or building.
ACCESSWAYA means of channelized vehicular ingress and egress between a land parcel to a street.
AGENT OF OWNERAny person who can show written proof that he is acting for the property owner.
ALLEYA public or private way not more than 20 feet wide affording only secondary means of access to abutting property.
AMUSEMENT PARKA commercial recreational establishment consisting primarily of outdoor amusement rides and other outdoor mechanical recreation devices, entertainments and amusements, and usually having as accessory facilities snack bars and souvenir shops.
ANIMAL HOSPITALA health care facility under the control of a licensed veterinarian where sick or injured animals are given medical or surgical care and/or temporary board and lodging.
APARTMENT, GARDENA residence, building or group of buildings of not more than 2 1/2 stories in height and two rooms in depth designed and erected as a project with singleness of use and operation and where joint or communal use is to be made of the open areas by the occupants, whether it be for recreation, off-street parking or other communal purposes.
APARTMENT, HIGH-RISEA building designed for residential purposes which is more than three stories in height.
APARTMENT, SENIORA building or group of buildings containing dwelling units where the occupancy of the dwelling units is restricted to persons 55 years of age or older, or mobility-impaired nonelderly physically disabled persons.
APARTMENT, STUDIO/EFFICIENCYA dwelling unit in which the living and sleeping functions take place in a single open area without partitions. The bathroom area is partitioned; the kitchen may or may not be partitioned from the living/sleeping area.
AUTOMOBILE OR TRAILER SALES AREAAn open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
AUTOMOBILE WRECKINGThe dismantling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
BASEMENTA story whose floor is more than 12 inches, but not more than half its story height below the average level of the adjoining ground (as distinguished from a "cellar," which is a story more than one-half below such level.) Any portion of a basement, when used as a dwelling, shall be counted as a story for purposes of height measurement.
BOARDThe Zoning Board of Appeals of the City of Canandaigua.
BOARDINGHOUSE, ROOMING HOUSE or LODGING HOUSEA. A single dwelling unit which is occupied by more than two, but fewer than 10, unrelated individuals living as independent households. Any two or more of the following characteristics shall be presumptive evidence that a dwelling unit is being used as a boarding-, rooming, or lodging house:
(1) Cooking facilities: Either:
(a) Residents may be provided with meals, the cost of which is included in the rent paid to the landlord; or
(b) Microwave ovens or other cooking, food heating, and/or refrigeration units are found in individual bedrooms; or
(c) Residents keep a personal supply of food in their individual bedrooms, or in separate, individual cupboards in the kitchen, rather than in a common pantry or shared kitchen cupboard(s), and/or food in a common refrigerator is labeled with the names of individual residents.
(2) Partitions or locked internal doors bar access between segregated portions of the dwelling unit, including bedrooms, where bedroom doors are secured by locksets which are operated by keys which are specific to the occupant of that room.
(3) Individual residents have separate written or oral leases or rental agreements with the landlord for the use of portions of the dwelling unit.
(4) More than one connecting line for cable TV services the dwelling.
(5) Residents do not share a single mailbox or mail slot.
B. An owner-occupant providing lodging, for compensation, for no more than two unrelated individuals within the dwelling unit which is the primary residence of the owner shall not be considered to be operating a rooming house, boardinghouse, or lodging house.
BUFFER STRIPA continuous strip of trees and/or shrubs not less than 10 feet in depth and not less than six feet in height at normal maturity and densely planted so as to restrict a clear view beyond said strip.
BUILDINGAny structure having a roof supported by columns or walls, used or intended for the shelter, housing, protection, or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls from the ground up, each part shall be deemed a separate building and subject to the area and yard requirements contained in the schedule of this chapter except as regards minimum side yard requirements.
BUILDING, FRONT OR FACE OFThe outer surface of a building which is visible from any private or public street or highway including an alley.
BUILDING GROUPAny building, such as a store group, which is divided into separate parts by one or more unpierced walls, extending from the ground up.
BUILDING HEIGHTThe vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, elevator penthouses, tanks and similar projections, except as provided in definition of "basement."
BUILDING LINEA line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surfaces of the building on any side. All yard requirements are measured to the building line.
BUILDING, PRIMARYA building in which is conducted the primary use of the building site on which it is situated. In any residential district any dwelling shall be deemed to be a primary building on the zone lot on which the same is located.
BUTCHER SHOPAn establishment which sells, in a retail manner, meat (including fish) in a not-ready-to-consume state.
CANNABIS RETAIL DISPENSARYA business whose primary purpose is the retail sale of adult-use cannabis, in accordance with the license granted by New York State.
[Added 5-6-2021 by Ord. No. 2021-002]
CARPORTA structure designed to provide storage space for automobiles, consisting of no more than two walls and a roof. A carport is accessory to, and may be attached to or detached from, the principal residential building.
CATERERAn establishment which prepares food on-premises to be delivered, served, and sold off premises exclusively.
CLUBHOUSEA building used to house a social, fraternal, or service organization or club not organized or conducted for profit.
COMMISSIONThe Planning Commission of the City of Canandaigua.
CONVENIENCE STOREA retail establishment occupying not more than 4,000 square feet of gross floor area, a primary purpose of which is the sale of prepackaged food products and household items, including carry-out fast-food-type items, milk, beverages, cigarettes, coffee and grocery items; which is open for business more than 12 hours per day; and operates in a manner which results in rapid turnover of customers. A convenience store may also sell petroleum products in a self-service manner, provided that 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.
COURTAny portion of the interior of a lot or building site which is wholly or partially surrounded by buildings, and which is not a required front, side or rear yard.
DAY-CARE CENTER/FACILITYA day-care center is a nonresidential facility where care, protection and supervision are provided for a fee, on a regular schedule, for more than five children or adults. An adult day-care facility provides health care services as well as social and recreational activities.
DISPENSER, GASOLINE, DIESEL FUEL OR KEROSENEA device for the dispensing of petroleum products from underground storage tanks for to the public. A single dispenser is a standalone unit which can accommodate no more than two vehicles at any one time.
DISTRICTA portion of the territory of the City of Canandaigua, within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DORMITORYA building, or part thereof, other than a hotel, motel or restaurant, where meals and/or lodging are provided for compensation for 11 or more unrelated persons where no cooking or dining facilities are provided in individual rooms.
DRINKING ESTABLISHMENTAn establishment which serves alcoholic beverages to patrons for on-premises consumption and does not serve meals. This shall include bars, cocktail lounges, and taverns.
DRIVE-THROUGHAn establishment that, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service, obtain a product, or complete a business transaction while remaining in their vehicle.
DRIVEWAYA privately owned and maintained accessway which leads from a street to a private parking area or private parking garage serving a single land parcel or lot on which is located (or intended to be located) no more than one primary structure, and which is no longer than 500 feet from its intersection with the street to its terminus, and no wider than 25 feet.
DRIVEWAY, SHAREDA privately owned and maintained accessway which leads from a street to separate private parking areas or private parking garages on two adjacent land parcels or lots, and which is located within an easement area along the common property line of said parcels, provided that neither parcel shall contain more than one primary structure, and that the accessway is no longer than 500 feet from its intersection with the street to its terminus.
DWELLINGAny building or portion thereof used exclusively for residential purposes, not including a hotel, motel, hospital, nursing home, or adult care home.
DWELLING, MULTIFAMILYA building or portion thereof used or designed as a residence for three or more apartment or dwelling units including apartment houses, garden apartments, apartment hotels and flats.
DWELLING, SINGLE-FAMILYA detached building designated for or occupied exclusively by one family and containing not more than one dwelling unit.
DWELLING, TWO-FAMILYA detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
DWELLING UNITA building (residence) or entirely self-contained portion thereof containing complete housekeeping (living) facilities for one family, including kitchen/kitchenette and one or more bathrooms; and having no enclosed space (other than vestibules, entrance, or other hallways or porches; utility, laundry, and/or storage areas) in common with any other dwelling unit.
EASEMENTAuthorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
EATING AND DRINKING ESTABLISHMENTAn establishment which has the characteristics of both a "restaurant" and a "drinking establishment." These include:
A. A distinct area which serves alcoholic beverages without the availability of meals.
B. A distinct area which serves meals with or without the availability of alcoholic beverages.
C. The possession of a liquor license.
ENRICHED HOUSING FACILITYA residential program for semi-independent persons that supplies services including meal preparation, housekeeping, laundry, personal care and shopping. In addition, social and recreational activities and/or counseling may be offered.
ESSENTIAL SERVICESThe erection, construction, alteration or maintenance, by public utilities, or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
EXPANSIONAn increase in the floor area (either net or gross) or site area occupied by an existing building or use; the enlargement or extension of the building or site area occupied by such existing use. Any use or building so increased shall be deemed to be expanded.
FAMILYOne or more persons, whether or not related to each other by blood, marriage or adoption, all living together as a single, stable and bona fide housekeeping unit, so long as such persons together occupy and own, lease or rent the whole of a dwelling unit in a family-like living arrangement as the functional and factual equivalent of a natural family, share income and expenses, and use all rooms and housekeeping facilities in common.
FENCEA fence is a structure which prohibits or inhibits unrestricted travel between properties or portions of properties or between the street or public right-of-way and a property. A fence may be constructed of wood, metal, plastic or other materials, and may include a stacked wood pile which otherwise functions as described herein.
FLOOR AREA, GROSSThe sum of the areas of the several floors of a building. When applied to dwellings, "gross floor area" shall include, in addition to all habitable space, stairways, hallways, foyers, closets, pantries, kitchenettes, and bathrooms. "Gross floor area" shall not include nonhabitable cellars, attics, or porches. The calculation of the "gross floor area" of an individual dwelling unit shall exclude common areas shared by multiple units.
FLOOR AREA, NETA. For the purposes of applying the requirements for off-street parking and loading, "net floor area" in the case of offices, merchandising or service types of uses shall mean the floor area used or intended to be used by tenants, or for service to the public as customers, patrons, clients, or patients, including areas occupied by fixtures and equipment used for display of merchandise.
B. "Net floor area" shall not include areas used principally for nonpublic purposes such as storage, incidental repair, processing or packaging of merchandise, for shop windows, for offices incidental to the management or maintenance of stores or buildings, for toilet or rest rooms, for utilities or for dressing rooms, fitting or alteration rooms.
FRATERNITY OR SORORITY HOUSEA building rented, occupied or owned by a general or local chapter of some regularly organized college fraternity or sorority, or by or on its behalf by a building corporation or association composed of members or alumni thereof, and occupied by members of the local chapter of such fraternity or sorority, as a place of residence.
GARAGE, RESIDENTIAL PARKINGA detached accessory building or a portion of the principal building used primarily for the storage of vehicles owned, leased, or operated by the residents of such dwelling. Such structures shall be physically capable of storing a vehicle and have vehicular access by a driveway. There shall be no habitable space within a residential parking garage, except for habitable space over an attached garage, when such space is directly accessible from within the primary dwelling.
[Amended 5-2-2024 by Ord. No. 2024-005]
GARAGE, PUBLIC PARKINGA structure or portion thereof, other than a private garage, used for the storage of automobiles, including transient vehicles.
GARAGE, REPAIR OR SERVICEA structure or use designed for the servicing, repair, rebuilding or reconditioning of motor vehicles or parts thereof, including oil and filter changes, lubrication, collision service, painting or steam cleaning of vehicles, body and "doll-up" work.
GROCERY STOREAn establishment with an area between 2,000 and 12,000 square feet which sells, in a retail manner, food staples, primarily in a not-ready-to-consume state, and household supplies. A grocery store shall have none of the identifying characteristics of a restaurant.
HABITABLE SPACEThe space occupied by one or more persons for living, sleeping, eating, or cooking; excluding kitchenettes, bathrooms, toilet rooms, laundries, pantries, dressing rooms, storage spaces, closets, foyers, hallways, utility rooms, heater rooms, boiler rooms and basement or cellar recreation rooms.
HEALTH-RELATED SERVICE PROVIDERSBusinesses or agencies which provide health related services other than primary medical care, including direct administrative support services exclusively for primary care providers and other permitted uses or uses allowed by special use permit in the H-R. Zone District; case management services, medical social work and discharge planning; home health care services, personal care services and respite care services, meals for the homebound; physical, occupational and speech therapy; and nonprofit agencies which provide supportive services and/or educational programs for clients with particular health problems.
HOME OCCUPATIONA business or profession which is customarily carried on in a dwelling unit (or in a building or other structure accessory to a dwelling unit) by a family member residing in the dwelling unit. Home occupations shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes, and shall conform to the regulations and requirements of §
850-78 of this chapter. Receipt of mail and the making and receiving of telephone calls and other routine office work done exclusively by the dwelling unit resident are not prohibited and do not constitute a home occupation. If, however, the business involves storage of materials, goods, equipment or supplies other than ordinary office supplies or generates any traffic or deliveries other than mail, it is a home occupation.
HOSPITALA building or use designed for temporary occupation by the sick or injured for the purpose of medical diagnosis and treatment and care, including surgical treatment, of human patients. Hospitals may include medical clinics, may provide emergency and acute care services, and may provide both outpatient and inpatient care on a twenty-four-hour basis. Hospitals may include kitchens and laundry facilities as incidental uses, and other accessory uses as defined by this chapter.
HOTELA building designed for occupancy as the temporary residence of individuals who are lodged with or without meals and in which no provision is made for cooking in any individual room or suite.
KENNELA building for the sheltering, breeding or boarding or licensed dogs in excess of three in number or cats in excess of six in number.
KITCHENA space 60 square feet or more in floor area with a minimum width of five feet, used for cooking or preparation of food and deemed habitable space.
KITCHENETTEA space, less than 60 square feet in floor area, used for cooking or preparation of food and not deemed habitable space.
JUNKConsists of various used and discarded materials and objects.
JUNKYARDA junkyard shall consist of a building, structure or premises where junk (as defined herein), waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment (but not including the purchase or storage of used furniture and household equipment or used cars in operable condition).
LOADING SPACEAn off-street space not less than 14 feet in height, 55 feet in length and 12 feet in width available for the loading or unloading of goods, exclusive of customer parking and having direct usable access to a street.
LOTA piece or parcel of land occupied or intended to be occupied by a primary building or a group of such buildings and accessory buildings, or utilized for a primary use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this chapter, and having automotive access to a street.
A. LOT AREAThe computed area contained within the lot lines.
B. LOT, CORNERA lot at the junction of and fronting upon two or more intersecting streets.
C. LOT COVERAGEThat percentage of the lot area which is devoted to building area.
D. LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
F. LOT WIDTHThe mean width of the lot measured at right angles to its depth.
MAJOR COMMERCIAL DEVELOPMENTA commercial development providing:
A. 15,000 or more square feet of commercial gross floor area, or
B. Six or more permitted uses, said uses being customary retail and/or service establishments as permitted in the zone district, all to be constructed in accordance with an overall plan for the entire area and designed with a single architectural scheme with common landscaping.
MEDICAL CLINICSA building or use designed for the purpose of medical diagnosis and treatment or care of humans on an outpatient, nonresidential basis.
MOBILE HOMEAny vehicle or similar portable structure constructed so as to permit its being conveyed on a public street and so as to permit the occupancy thereof as a dwelling by one or more persons.
MOBILE HOME COURTA parcel of land on which two or more mobile homes occupied for dwelling or sleeping purposes are located.
MORTUARYA building or part thereof with facilities for preparation for burial or cremation, for pre-burial viewing, calling for relatives of the deceased, funeral services, and/or for the keeping of remains prior to burial or cremation.
MOTELS, MOTOR COURTS and MOTOR HOTELSA series of attached or semidetached dwelling structures where each unit has convenient access to parking space for the use of the unit's occupants. The units, with the exception of the manager's or caretaker's, are designed to provide sleeping accommodations for automobile transients or overnight guests.
MOTOR VEHICLE SERVICE STATIONAny premises other than a convenience store where gasoline and/or diesel fuel are sold directly to the motor vehicle trade. Motor vehicle service stations may also sell other merchandise, including oil and grease, batteries, tires and automobile accessories, as well as prepackaged food products and household items, carry-out fast food-type items, milk, beverages, cigarettes, coffee and grocery items. Motor vehicle service stations may provide services for only minor repair and servicing of motor vehicles.
NIGHTCLUBAn eating and/or drinking establishment, whose business includes providing entertainment, whether live, recorded or otherwise, including dancing, and may or may not include the sale of alcoholic beverages. Background music, clearly incidental to the primary use, shall not be considered as a form of entertainment.
NONCONFORMING LOT, STRUCTURE OR USEAny lot, structure or use lawfully existing at the time of the adoption of this chapter which does not conform to the regulations of the district in which it is situated.
NONHABITABLE SPACESpace used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater, and boiler rooms, closets, foyers and hallways, basement or cellar recreation areas and other spaces for services and maintenance of the building, and those spaces used for access and vertical travel between stories.
NURSING OR CONVALESCENT HOMEA residential facility in which a full range of medical, housing, food and social services are provided to chronically ill human patients, or persons recovering from acute conditions, who are in need of skilled nursing care.
OFFICIAL MAPA map adopted by City Council pursuant to the provisions of Article
3 of the General City Law which shows existing and proposed street, highways and parks, drainage, and zone districts.
PARKING AREA, PRIVATE COMMERCIALAn open area, other than a street or public way, used for the parking of automobiles and available to the public on a fee basis.
PARKING AREA, PRIVATE RESIDENTIALAn open area for the same uses as a private parking garage and provided that, except on farms, such area shall be used for storage of not more than one commercial vehicle with a manufacturer's rated capacity of one ton or less.
PARKING AREA, PUBLICAn open area, other than a street or public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients, customers, or employees.
POUNDA public or private structure or use of land for housing or keeping stray or unlicensed animals.
PRIVATE EVENT CENTER WITH GUEST ACCOMMODATIONSA building or group of buildings designed to host private events, including dining facilities and limited overnight guest accommodation. No cooking or dining facilities are provided in individual rooms.
[Added 11-3-2011 by Ord. No. 2011-006]
PROFESSIONAL OFFICEThe office of a member of a recognized profession, including but not limited to medical doctors, dentists, optometrists, architects, professional engineers, insurance salespersons and brokers, accountants, attorneys, and realtors.
PROPRIETARY HOME or ADULT CARE HOMEA facility established and operated for the purpose of providing long-term residential care, room, board, housekeeping, supervision, and/or personal care, therapy, counseling or rehabilitation to more than five but no more than 22 adults unrelated to the operator. Such facility shall be permitted in the same use class districts as nursing homes. Proprietary homes shall be subject to such laws, rules and regulations as shall be established by New York State for adult care homes, and to all provisions of Chapter
748, Housing Standards, and the Code of the City of Canandaigua.
RECREATIONB. RECREATION, PRIVATE NONCOMMERCIALClubs or recreation facilities operated by a nonprofit organization and open only bona fide members of such nonprofit organization and its guests.
C. RECREATION, PUBLICRecreation facilities operated as a nonprofit enterprise by the City of Canandaigua, any other governmental entity or any nonprofit organization and open the general public.
RESIDENTIAL CONVERSIONThe changing of use or occupancy of a building pursuant to §
850-79 by alteration or other reorganization so as to increase the number of families or dwelling units within a structure to not more than one additional dwelling unit beyond the number primarily permitted in the zone district.
RESTAURANTAn establishment which, as a primary use, sells in a retail manner, food, beverages, or confections in a ready-to-consume state. This shall include full-service, carry-out, drive-in, and drive-through restaurants, as further defined below:
A. RESTAURANT, FULL-SERVICEA restaurant which sells and serves food for consumption on the premises to patrons seated within a closed building and does not provide carry-out or drive-through sales or services. May serve beer and/or wine with meals but does not have a separate "bar" area where alcoholic beverages are available without meals.
B. RESTAURANT, CARRY-OUTA restaurant which sells prepackaged, ready-to-consume foods, beverages, or confections, and which serves its products in such a manner as to encourage off premises consumption; regardless of whether or not facilities are provided for on-premises consumption. Identifying characteristics include:
(1) The facilities for on-premises consumption of the food are insufficient for the volume of food sold in the establishment.
(2) Food and beverages are served in disposable or edible containers and customers are furnished with or are entitled to receive disposable utensils, napkins, or other implements needed for off-premises consumption.
C. RESTAURANT, DRIVE-THROUGHA carry-out restaurant which includes a drive-through use in association with other restaurant functions. See the definition of "drive-through" in this section.
RIGHT-OF-WAYA strip of land taken or dedicated for use as a public way.
SHORT-TERM RENTALA complete residential dwelling unit that provides lodging without a host present for a period of less than 30 days. Such properties are regulated under §
850-110.5.
[Added 5-13-2018 by Ord. No. 2018-001; amended 10-5-2023 by Ord. No. 2023-05]
SITE PLANA plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, easements, natural drainage courses, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Planning Commission.
SNACK BARAn establishment which is accessory and incidental to a permitted recreational use, which sells, foods, beverages (including legal beverages) or confections, for consumption on the premises of the primary use. The hours of operation shall coincide with those of the primary use; no drive-up window service facilities shall be provided, the parking for the snack bar shall not be separated from the parking for the primary use, and lighting and signage for the snack bar shall be considered as part of the overall signage and lighting plan for the primary use. (See also "carry-out restaurant.")
SPECIAL USEA use which, because of its unique characteristics, requires individual consideration in each case by the Planning Commission, as specified in §
850-76, Uses requiring special use permit application, before it may be permitted. In accordance with the provisions of this chapter, the Planning Commission may recommend certain conditions and safeguards before such a use is permitted.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
A. STORY, FIRSTThe lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building; except that any basement or cellar use for residence purposes shall be deemed the first story.
B. STORY, HALFA partial story, in which no mare than half the floor area shall have a ceiling height of seven feet. Any partial story used as habitable space shall be deemed a full story.
[Amended 5-2-2024 by Ord. No. 2024-005]
STREETA strip of land, comprising the entire area within a right-of-way or easement, which is improved for use for passage or circulation by motor vehicles, and which abuts and/or provides access to multiple land parcels. The word "street" includes all thoroughfares, whether called street, avenue, boulevard, drive, lane, place, circle, court, way or terrace, or however otherwise designated, which do not meet the definitions of "driveway," "shared driveway," or "alley."
STREET, PRIVATEAny street not accepted for dedication by the City for public use.
STRUCTURAL ALTERATIONAny change in the structural members of a building, such as walls, columns, beams or girders.
STRUCTUREAnything constructed, assembled or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.
THEATERAn establishment which offers motion pictures or presentations of the performing arts (dance, drama, music) and does not serve food nor beverages to seated patrons during a performance.
TOURIST HOME/BED-AND-BREAKFASTA single-family dwelling with a resident host that provides lodging and possibly meals for persons primarily for overnight accommodations and where no cooking or dining facilities are provided in individual rooms. Such establishments are regulated under §
850-101.
[Amended 10-5-2023 by Ord. No. 2023-05]
TOWNHOUSEOne of a series of attached one-family dwelling units of not more than 2 1/2 stories in height each having a common wall between adjacent sections.
TRAVEL TRAILERAny vehicle used for occupancy for camping, vacation or travel purposes.
UNDERGROUND UTILITY DISTRICTA district which requires all utility services, including telephone and electric, to be placed underground. This shall not be construed to prohibit use of streetlighting poles provided that wiring to and between such poles shall be underground.
USABLE OPEN SPACERequired open space which shall be entirely undeveloped, except for planting, landscaping and recreational equipment and shall be available for the sole enjoyment of the occupants of the zone lot of which it shall be a part, and shall not include any side yards, driveways, accessways and parking spaces.
VARIANCEThe Board's authorized departure to a minor degree from the terms of this chapter in accordance with the terms, conditions and procedures set forth therefor in this chapter.
YARDAn open space on the same lot with a building or a group of buildings, situated between the principal building or group of buildings and the adjoining lot lines.
A. YARD, FRONTAn open space extending the full width of the lot between the building line and front lot line, unoccupied and unobstructed from the ground except as specified elsewhere in this chapter.
B. YARD, REARAn open space extending the full width of the lot between the building line and the rear lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter. The depth of a rear yard shall be measured at right angles to the rear line of the lot, or if the lot is not rectangular, then in the general direction of its side building lines.
C. YARD, SIDEAn open space extending from the front yard to the rear yard between the building line and an adjacent side lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter. The width of a side yard shall be measured at right angles to the side line of the lot.
ZONING MAPThe Zoning Map or Maps of the City of Canandaigua, New York, dated together with all amendments subsequently adopted.
ZONING OFFICERThe Director of Development and Planning of the City of Canandaigua.