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Canandaigua City Zoning Code

ARTICLE VI

Supplementary Lot, Height, Yard and Use Regulations

§ 850-24 Zone lot regulations.

A. 
Existing zone lots of record. In any residential district, only a single-family detached dwelling may be erected on a nonconforming zone lot of record at the effective date of this chapter, and then only if the owner does not own any adjoining property which would create a conforming lot if all or part of said adjoining property were combined with subject zone lot, provided however, that no lot or lots shall hereafter be reduced so as to create one or more nonconforming lots, and provided that for any such preexisting nonconforming zone lot of record, no side yard shall be less than five feet; nor shall any side yard adjoining a street be less than 10 feet; nor shall any rear yard be less than 10 feet; and the front yard shall be as required in Schedule I of this chapter.[1]
[1]
Editor's Note: Schedule I is included at the end of this chapter.
B. 
Minimum lot sizes where there is no public water or sewers. Unless the regulations of the residential district in which they are located require greater lot areas or lot widths, the following regulations shall apply:
(1) 
Not served by public water or sewer. Lots not served by a public water or sanitary sewer system or other systems approved by the New York State Department of Health, and the New York State Department of Environmental Conservation, and the City of Canandaigua shall not be less than 100 feet wide at the building line nor less than 20,000 square feet in area per dwelling unit.
(2) 
Lot frontage. The width of any residential lot at the front line shall be in no case less than 40% of the depth of said lot, except that no lot need exceed 120 feet in width at the front lot line. In the case of irregular lots, the lot frontage shall be measured at the setback or building line as specified in the Schedule I.[2]
[2]
Editor's Note: Schedule I is included at the end of this chapter.

§ 850-25 Height regulations.

A. 
General application. No building or structure shall have a greater number of stories than is permitted in Schedule I,[1] and provided further that the aggregate height of such buildings or structures shall not exceed the number of feet provided in Schedule I, except as follows:
(1) 
The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes not used for human occupancy as well as chimneys, ventilators, skylights, water tanks, television and radio antennas and similar features and necessary mechanical appurtenances usually carried on and above the roof level.
[Amended 7-2-2009 by Ord. No. 2009-006]
(2) 
The provisions of this chapter shall not prevent the erection of a parapet wall or cornice for ornament extending above the height limits of this chapter by not more than four feet.
(3) 
Public and quasi-public buildings, schools, churches and other similar permitted uses shall increase front, rear and side yard by one foot for each foot by which such buildings exceed the height limit herein established for such zone in which it is located.
(4) 
The height limitations of this chapter shall not apply to any structure erected for the purpose of providing entertainment through motion, water or combination of both (amusement ride) located within an amusement park.
[Added 5-15-1997 by Ord. No. 97-010]
[1]
Editor's Note: Schedule I is included at the end of this chapter.

§ 850-26 Yard regulations.

A. 
Side yards.
(1) 
Side yard width may be varied. Where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular, the side yard may be varied. In such case, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such side yard shall not be narrower at any point than 1/2 the otherwise required minimum width, or narrower than five feet in any case.
(2) 
Width of one side yard may be reduced. When authorized by the Zoning Board of Appeals, one side yard may be reduced to a width of not less than three feet, provided that the sum of the widths of the two side yards is not less than the sum of the required minimum side yards, and further provided that the distance between the nearest structure, existing or proposed, on an adjacent zone lot is not less than the required minimum sum of the widths of the two side yards. Such reduction may be authorized only when the Zoning Board of Appeals finds it to be warranted by the location of existing buildings or conducive to the desirable development of two or more lots. Where an application is made for relief under this provision, notice shall be given to the same persons and in the same manner as is required to be given for a variance application.
(3) 
Side yard of corner lot. A side yard along the street line of a corner lot shall have a side yard setback on the street side equal to the required depth of the front yard setback of the corner lot.

§ 850-27 Projections into required yards.

A. 
Certain architectural features may project into required yards as follows:
(1) 
Cornices, canopies, eaves or other architectural features may project into side yards a distance not exceeding two inches per one foot of side yard width, but may not exceed a total of three feet.
(2) 
Fire escapes may project into side and rear yards a distance not exceeding four feet six inches.
(3) 
Bay windows, balconies, fireplaces, uncovered stairways and necessary landings and chimneys may project a distance not exceeding three feet, provided that such features do not occupy, in the aggregate, more than 1/3 of the length of the building wall on which they are located.
(4) 
Patios, carports and open porches may be located in side and rear yards, provided that they are not closer than three feet to any adjacent property line. If located closer than eight feet to any adjacent property line, they shall be screened with a fence maintained in good condition or evergreen type hedges or shrubs spaced at intervals of not more than six feet. In the case of a corner lot, no patios, carports or porches shall extend into any required yard fronting on a street.

§ 850-28 Residential parking garages and accessory storage structures.

[Amended 12-7-2023 by Ord. No. 2023-008; 5-2-2024 by Ord. No. 2024-005]
A. 
Residential parking garages.
(1) 
Maximum area. The maximum permitted area of a residential parking garage shall be 750 square feet. The maximum length of the structure running parallel to the street shall be 24 feet.
(2) 
Maximum permitted height. The maximum permitted height of a residential parking garage shall be not more than 1 1/2 stories, totaling no more than 20 feet.
(3) 
Minimum yard regulations.
(a) 
Residential parking garages which are not attached to a primary structure may be erected only within one of the side yards or within the rear yard in accordance with the following setback requirements:
[1] 
Side yard (interior lot): five feet.
[2] 
Rear yard: five feet, except when said rear yard is abutting an alley, then the setback shall be 10 feet.
[3] 
Not closer to a principal structure than 10 feet.
(b) 
Attached residential parking garages shall have the same yard regulations as the primary structure as specified in Zoning Schedule 1.[1]
[1]
Editor's Note: Said Schedule 1 is included as an attachment to this chapter.
(c) 
All residential parking garages shall be set back from the front plane of the primary structure a minimum of two feet.
(4) 
There shall be not more than one residential parking garage for each residential property, except that of apartment, townhouse, attached condominiums and similar residential developments.
B. 
Accessory storage structures.
(1) 
Maximum area. The maximum permitted area of a single accessory storage structure shall be 240 square feet. The maximum total area for two accessory storage structures shall be 360 square feet.
(2) 
Maximum permitted height. The maximum permitted height of an accessory structure shall be not more than 1 1/2 stories totaling not more than 15 feet.
(3) 
Minimum yard regulations.
(a) 
Accessory structures must be erected only within one of the side yards or within the rear yard in accordance with the following setback requirements:
[1] 
Side yard (interior lot): five feet.
[2] 
Side yard (corner lot): same as for principal structure.
[3] 
Rear yard: five feet, except when said rear yard is abutting an alley, then the setback shall be 10 feet.
[4] 
Not closer to a principal structure than 10 feet.
(4) 
There shall be not more than two accessory structures for each primary dwelling structure on each zone lot intended or used for residential purposes, except that apartment, townhouse, attached condominiums and similar residential developments shall not be subject to the provisions of this section. Each primary building on a single parcel in single ownership shall conform to the requirements of this chapter which would be applicable if each were located on a separate zone lot.

§ 850-29 Miscellaneous use regulations.

Notwithstanding any other provision of this chapter, the following regulations shall apply for the specific uses below:
A. 
Day-care center. A day-care center is a nursery school or similar facility used for the care of more than five children. Any such use shall be situated on a zone lot of not less than 10,000 square feet, except where a greater area is otherwise required herein, and shall be screened in accordance with the provisions of § 850-54 of this chapter.
B. 
Retail uses in M Districts. Such uses shall be permitted only where the applicant proves that such use is convenient to serve manufacturing uses. Where such uses are permitted, the minimum lot size and coverage of requirements of the district where first permitted shall apply.
C. 
Agriculture. Nurseries and truck gardens are permitted in any residential zone, provided that there shall be no offensive odors or dust and that there shall be no outdoor storage of equipment and supplies; and provided further that there shall be no sale of products not produced on the premises.
D. 
Horses. A horse may be maintained in any zone, provided that the owner and the premises comply with Chapter 253, Animals, of the Code of the City of Canandaigua and all other applicable City and state laws and regulations.
E. 
Animal hospitals, kennels and pounds. Use of premises for an animal hospital, kennel or pound shall be permitted in a C-3 District only and provided that such use shall not be located closer than 100 feet to any R District, restaurant or hotel in any district where permitted, and shall show that adequate measures and controls shall be taken to prevent offensive noise and odor. The owner and the premises shall comply with all applicable City and state laws and regulations. No incineration of refuse shall be permitted on the premises.
[Amended 5-3-2007 by L.L. No. 1-2007]
F. 
Constrained residential lots.
[Added 6-19-2008 by Ord. No. 2008-015]
(1) 
A constrained residential lot shall be defined as vacant lot within any residential zone district that is constrained by dimensional or environmental factors, such that a single-family, detached dwelling, consistent with the surrounding residences as defined in Subsection F(2), cannot be built without the need to:
(a) 
Acquire area variances; or
(b) 
Build within a one-hundred-year floodplain; or
(c) 
Build within a protected wetland or wetland buffer; or
(d) 
Build on slopes greater than 10%; or
(e) 
Remove trees greater than 100 years old.
(2) 
For these purposes, a “consistent single-family detached dwelling” shall be one that is at least 80% of the total building footprint, building width, and building depth, including that of attached garages, of all single-family, detached dwellings within 200 feet of the subject property.
(3) 
For such constrained residential lot, the primary permitted uses shall include those uses listed in § 850-30B as permitted accessory uses and also specifically waiving the provisions of §§ 850-11F and 850-51.