Canandaigua Town City Zoning Code
ARTICLE I
Enactment and Purpose
§ 220-1 Title.
This chapter shall be known and may be cited as the "Zoning Law of the Town of Canandaigua." It is also to be known as the "Town of Canandaigua Code, Chapter 220."
§ 220-2 Purpose.
For the purpose of promoting the health, safety and general welfare of the people of the Town of Canandaigua, this Zoning Law is adopted pursuant to Article 16 of the Town Law and pursuant to the Municipal Home Rule Law of the State of New York. Its purpose is to regulate and restrict: the height, number of stories and size of buildings and other structures; the percentage of lot that may be occupied; the size of yards, courts and other open space; the density of population; and the location and use of buildings, structures and land for business, industry, agriculture, residence or other purposes. Such Zoning Law and the Official Zoning Map enacted pursuant to this chapter are designed to: lessen congestion in the streets; to secure safety from fire and other dangers; to provide adequate light and air; to provide for solar access and the implementation of solar energy systems; to prevent the overcrowding of land and to avoid undue concentration of population; to facilitate the efficient and adequate provision of public facilities and services; and to provide the maximum protection to residential areas from the encroachment of adverse environmental influences. Such Zoning Law and Official Zoning Map were enacted after reasonable consideration, among other things, as to the character of the Town and its peculiar suitability for particular uses and with a view to conserving property values and natural resources and encouraging the most appropriate use of land throughout the Town.
§ 220-3 Enforcement and interpretation.
[Amended 2-13-2012 by L.L. No. 1-2012]
Unless as specified herein, the Zoning Officer is hereby empowered to interpret and enforce the provisions of this chapter. The provisions of this chapter shall be held to be the minimum standards and requirements for the protection of the public health, safety and general welfare.
§ 220-4 Conflict with other provisions.
Whenever a requirement of this chapter is at variance with the any other requirement(s) of this chapter or the requirements of any other Town of Canandaigua rules, regulations, or laws, the most restrictive or those imposing the higher standards shall govern.
§ 220-5 Amendments.
A.
Procedure. The Town Board may from time to time on its own motion, on petition or on recommendation of the Planning Board, or on petition from an interested person and in accordance with the laws of the State of New York, amend, supplement or repeal the regulations, provisions or district boundaries of this chapter.
B.
Filing of petition. A petition to amend, change or supplement the text of this chapter or any zoning district as designated on the Official Zoning Map established herein shall be filed with the Town Clerk and shall be transmitted by the Clerk to the Town Board. A petition for a change to the Official Zoning Map shall contain a map which clearly describes the affected property and its boundaries and shall indicate the existing zoning district and the requested zoning change. In addition, every petition for a change to the Official Zoning Map shall contain an environmental assessment form completed and signed by the petitioner, or agent, in accordance with the procedures set forth in State Environmental Quality Review Act (SEQRA)[1] regulations.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
C.
Referral to Planning Board. Each proposed amendment, except those initiated by the Planning Board, shall be referred to the Planning Board for an advisory report. In reporting, the Planning Board shall fully state its reasons for recommending or opposing the adoption of such proposed amendment. The Planning Board may condition its recommendation, as may be appropriate, and shall state whether such amendment is in harmony with the adopted Comprehensive Plan for the Town for land use. The Planning Board shall state its position relative to proposed zoning amendments, in writing, within 45 days of its receipt of a referral from the Town Board.
D.
Public hearing; notice; recording of actions. Unless otherwise provided, the provisions of the Town Law of the State of New York pertaining to public hearings, official notices and proper recording of zoning actions taken by the Town Board shall apply to all amendments to this chapter.
E.
Disposition final; rehearing on petition. The disposition of a petition for amendment by the Town Board shall be final, and disapproval or denial of the proposed amendment shall void the petition. No new petition for an amendment which has been previously denied by the Town Board shall be considered by it, except for a vote to table or to receive and file, and no public hearing shall be held on such amendment within a period of one year from the date of such previous denial unless the Planning Board shall submit a recommendation, with reasons certifying that there have been substantial changes in the situation which would merit a rehearing by the Town Board. Such rehearing may be granted only upon a favorable vote of a majority of the Town Board plus one.