Canandaigua Town City Zoning Code
ARTICLE III
General Provisions Applicable to All Districts
§ 220-7 Applicability of regulations.
A.
Except for buildings, land, or uses located on the lake side of the mean high water line of Canandaigua Lake, no building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used for any purpose other than those included among the uses listed as permitted or special permitted uses in each zone district of this chapter and meeting the requirements set forth herein. Open space contiguous to any building shall not be encroached upon or reduced in any manner, except in conformity to the area and bulk requirements, off-street parking requirements, and all other regulations required by this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter, and the certificate of occupancy shall become null and void.
B.
Nothing in this chapter shall restrict the Town of Canandaigua in the construction, use or maintenance of public buildings, structures or facilities, parks or other publicly owned properties or the installation and maintenance of such public utilities as may be required to service any district.
§ 220-8 Steep slope protection.
[Added 3-20-2017 by L.L. No. 6-2017; amended 6-19-2017 by L.L. No. 12-2017]
A.
Purpose: The purpose of this Steep Slope Protection section is to conserve the sensitive environment of steep slope areas, and to regulate land use within these areas in a manner which protects the public interest by minimizing detrimental effects of land disturbance and development to steep slopes by:
(1)
Providing for the reasonable use of steep slopes while ensuring development will not induce soil erosion, unreasonably alter the natural topography of the area, require excessive grading, increase slope instability, increase stormwater runoff, contaminate surface waters or create onsite sewage treatment problems.
(2)
Guarding against property damage and personal injury;
(3)
Minimizing the potential for erosion, slope failure, stream siltation, increased stormwater runoff, flooding, contamination of surface waters; and protecting the water quality of Canandaigua Lake and other downstream bodies of water.
(4)
Conserving existing steep slope woodlands for air and water quality benefits and the preservation of wildlife habitats.
B.
Steep slope protection areas (SSPA).
C.
Activities within a steep slope protection area requiring site plan review.
(1)
The following activities require site plan approval through the Town of Canandaigua Planning Board, pursuant to § 220-64, when located in a steep slope protection area except where specifically exempt in § 220-8C(2):
(a)
Zone A: 500 square feet or greater of land disturbance within 2,000 feet horizontal distance from the mean high water mark of Canandaigua Lake.
(b)
Zone B: 500 square feet or greater of land disturbance within 100 feet horizontal distance from any open watercourse.
(c)
Zone C: 2,000 square feet or greater of land disturbance occurring beyond the horizontal distance stipulations in Zones A and B above.
(2)
The following activities are exempt from the site plan approval required for steep slope protection areas:
(a)
Soil cultivation for agricultural purposes and home gardens.
(3)
All land disturbance that occurs on the steep slope protection area portion of the parcel within two years shall be used to calculate the total area of land disturbance.
D.
Permitted and prohibited uses and activities within a steep slope protection area.
(1)
Moderately steep slopes (15% to less than 25%).
(a)
Permitted uses and activities on moderately steep slopes (15% to less than 25%): all permitted uses allowed in the underlying zoning district except for those uses and activities prohibited in § 220-8D(1)(b) and not prohibited by any other Town law are allowed within this slope category.
(b)
Prohibited uses and activities on moderately steep slopes (15% to less than 25%): The following uses and activities are specifically prohibited on moderately steep slopes if the land disturbance is greater than the threshold for the applicable zone as specified in § 220-8C(1):
[1]
Removal of existing ground cover and root systems except when related to a permitted use.
[2]
Solid waste disposal, recycling uses, junkyards, or other similar outdoor storage use.
[3]
Installation of an accessory structure, except for driveways, that requires greater than 4,000 square feet of land disturbance within the steep slope protection area.
(2)
Very steep slopes (25% to less than 40%).
(a)
Permitted uses and activities on very steep slopes (25% to less than 40%): The following uses and activities are permitted within this category provided that each use or activity is in compliance with the regulations of the underlying district and is not prohibited by any other Town law.
[1]
One single-family residence with attached or detached garage.
[2]
One driveway to serve the residence and garage (driveways must comply with the Town Private Driveways and Private Roads Law as well as the Town site design criteria).
[3]
Trams and/or stairs as may be needed to access another elevation on the property.
[4]
Onsite wastewater treatment system. This must first be reviewed for location viability by local authorities, followed by design approval by the Watershed Inspector, DEC and/or the New York State Department of Health.
[5]
Utility transmission lines and aboveground utility line structures unless upon petition of a public utility corporation, the New York State Public Utility Commission shall, after public hearing, decide that the presence of such proposed lines or structures in question is not reasonably necessary for the convenience or welfare of the public.
[6]
New or expanded paths developed specifically for golf carts, ATVs or other similar small vehicles, maximum path width to be six feet.
[7]
Detached accessory structures.
[8]
Those uses and activities otherwise prohibited by § 220-8D(2)(b) but whose land disturbance is less than the threshold for the applicable zone as specified in § 220-8C(1).
(b)
Prohibited uses and activities on very steep slopes (25% to less than 40%): If the land disturbance in this slope category is greater than the threshold for the applicable zone as specified in § 220-8C(1), the following uses and activities are specifically prohibited:
[1]
All items prohibited on moderately steep slopes.
[2]
All terraced landscaping, with or without retaining walls, not directly required to construct items listed under § 220-8D(2)(a).
[3]
Resource extraction uses.
[4]
Stormwater retention basins.
[5]
Installation of an accessory structure that requires greater than 2,000 square feet of land disturbance on slopes 25% or more.
(3)
Extremely steep slopes of 40% or more.
(a)
Permitted uses and activities on extremely steep slopes of 40% or more: The following uses and activities are permitted within this category provided that each use or activity is in compliance with the regulations of the underlying district and is not prohibited by any other Town law:
[1]
The construction of new stairs and/or new tramways as required for access to an allowable building site, existing residence, elevation change on the property or to the waterfront for lakeside property.
[2]
Replacement of existing structures, stairs or tramways, all to be within the same footprint, that are currently on the property.
[3]
The construction of roadside parking via retaining wall system if approved by the Town/County Highway Department or the New York State Department of Transportation, whichever has jurisdiction.
[4]
Installation of structures, that requires land disturbance that is less than the threshold for the applicable zone as specified in § 220-8C(1).
[5]
Those uses and activities otherwise prohibited by § 220-8D(3)(b) but whose land disturbance is less than the threshold for the applicable zone as specified in § 220-8C(1).
(b)
Prohibited uses and activities on extremely steep slopes (40% or greater): All uses or construction activities, other than those set forth in § 220-8D(3)(a) that require land disturbance greater than the threshold for the applicable zone as specified in § 220-8C(1) are prohibited.
E.
General regulations.
(1)
Any development proposed in a steep slope protection area shall be designed to work with the natural elements of the site, locating the proposed improvements in such a manner as to minimize land disturbance, cut and fill operations, tree removal, and alterations to natural drainage. The applicant must provide the Development Office with documentation that the improvements were designed to fit the existing natural elements of the site, rather than making the site fit the development goals of the landowner as part of the site plan review process. In any project with cut and fill operations, the applicant shall prove to the Planning Board that there was no other alternative to cut and fill to develop the site and that cut and fill has been minimized. The Town of Canandaigua Development Office will provide steep slope site illustration examples to applicants.
(2)
All single-family residential land-disturbing activities in steep slope protection areas, including but not limited to clearing, grading, excavation, building construction, construction of driveways and roads, cutting, and filling, shall be limited to the minimum steep slope protection area necessary to accommodate the proposed use or activity, and shall in no case be greater than 15,000 square feet of steep slope protection area disturbance per parcel, plus land necessary for driveway access, on-site wastewater treatment system, and stormwater management facilities.
(3)
Changes to the natural elevation of a steep slope development site shall be minimized. Any changes to the natural elevation of the site shall meet the following criteria:
(a)
The original, natural elevation of a steep slope protection area shall not be raised and/or lowered more than five feet on average across a contiguous area of 2,500 square feet of grading and shall not exceed 10 feet in any location in the steep slope protection area.
(b)
The natural elevation shall not be raised or lowered more than three feet within the required setback for structures. The setback distances are described in Chapter 220, Zoning, Schedule I.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
(c)
The finished slope of all cuts or fills for any site work in areas where only vegetation is proposed to prevent erosion shall not exceed a slope of one vertical to two horizontal (50% grade or 26.5° of angle) without a retaining wall, stacked rock rip rap, or other similar structural stabilization.
(4)
Any new or existing retaining wall higher than three feet above finished elevation incorporated into the proposed project design requires the evaluation of a New York professional engineer as to its structural integrity and written direction and certification as to its use.
(5)
If total land disturbance exceeds 7,500 square feet and greater than 50% of land disturbance is within a steep slope protection area, then lot coverage for the entire site shall be reduced to 90% of the allowable lot coverage for the underlying zoning district.
(6)
If a permanent driveway cannot be legally built to serve the residence or other improvement, no temporary construction road/driveway may be permitted in steep slope protection areas.
(7)
All development projects that disturb greater than 10,000 square feet of steep slope protection areas in Zones A and B, and 20,000 square feet of steep slope protection areas in Zone C shall be required to provide for water quality treatment up to the one-year storm event. If disturbance is greater than one acre but less than five acres in the steep slope protection area, then water quantity control must also be provided following the Town's Site Design Criteria and the New York State Stormwater Management Design Manual.
(8)
From October 15 until April 1, disturbed land areas in steep slope protection areas that are not worked for three days shall not be left bare or exposed. Approved temporary or permanent protective straw mulch and/or erosion control blankets shall cover these disturbed areas to provide stabilization. From April 1 until October 15 disturbed land areas in steep slope protection areas that are not worked for five days shall not be left bare or exposed. Approved temporary or permanent seeding along with protective straw mulch and/or erosion control blankets must cover these disturbed areas. All seeding, straw mulching and erosion control blankets shall meet the installation methods and quantities as stated in the New York State Standards and Specifications for Erosion and Sediment Control.
(9)
Rolled erosion control products shall be used to temporarily stabilize slopes that are equal to or greater than 1:3 (vertical: horizontal).
(10)
Trees with a diameter breast height (DBH) of six inches or greater within 20 feet of the mean high water mark of Canandaigua Lake, within 20 feet of the top of slope of the shoreline cliff area or within 20 feet from the top and toe of a gully shall not be removed unless they are deemed unhealthy or a safety hazard by a certified arborist or equivalent. Enhancing lake views can be done through a combination of canopy reduction and selective thinning without substantial tree removal. Tree removal may be allowed in the gully zone for the purposes of traversing a gully via a bridge or culvert structure to access another portion of the property.
(11)
The Planning Board may approve modifications to these standards in § 220-8E if the applicant can prove that such modifications would result in less total site disturbance and/or less change to the natural grade than would compliance with these standards and that such modifications meet the intent of this chapter to the greatest extent possible.
G.
Steep slope protection area review process.
(1)
Steep slope protection area application: The steep slope protection area review process will follow the Town of Canandaigua Site Plan Regulations (Chapter 220, Article VII), in addition to the following criteria:
(a)
The preliminary site plan and final site plan shall include the following:
[1]
Documentation that the improvements were designed to comply with § 220-8 and have been designed to fit the existing natural elements of the site instead of altering the site to fit the development goals.
[2]
Contours of existing and proposed conditions at vertical intervals of no more than two feet.
[3]
Temporary roads, driveways, parking areas and pathways, including the widths and slopes of these features.
[4]
Location of all trees within the proposed project limits that are located in a steep slope protection area with a DBH of six inches or greater and which, if any, of these trees will be cut as part of this project.
[5]
An overlay of each steep slope category as defined in § 220-8.1(B)(2) of this local law for existing site conditions.
[6]
Location and description of all existing and proposed, open and closed, drainage features, to include roof drains, footing drains and retaining wall drains, with discharge points identified. Stormwater calculations shall be provided for all existing and proposed culverts or changes to gullies. The applicant will need to document that each of these drainage features can convey the twenty-five-year one-hour storm event.
[7]
The Planning Board may request cross-sectional profiles of the existing and proposed slopes for projects that disturb greater than 2,500 square feet of a steep slope protection area. The applicant is encouraged to submit three cross-sectional profiles of the existing and proposed slopes if the applicant proposes greater than 2,500 square feet of disturbance in a steep slope protection area to expedite the review process.
(2)
The application shall be prepared in accordance with the New York State Standards and Specifications for Erosion and Sediment Control and the New York State Stormwater Management Design Manual.
§ 220-9 Regulations applicable to all districts.
[Amended 2-13-2012 by L.L. No. 1-2012; 4-8-2013 by L.L. No. 2-2013; 2-10-2014 by L.L. No. 1-2014; 10-17-2016 by L.L. No. 9-2016; 7-17-2017 by L.L. No. 16-2017; 5-21-2018 by L.L. No. 1-2018; 11-19-2018 by L.L. No. 8-2018; 2-11-2019 by L.L. No. 1-2019; 3-16-2020 by L.L. No. 1-2020; 11-16-2020 by L.L. No. 3-2020; 9-12-2022 by L.L. No. 8-2022; 3-20-2023 by L.L. No. 4-2023; 12-23-2024 by L.L. No. 16-2024; 7-16-2025 by L.L. No. 3-2025; 7-21-2025 by L.L. No. 4-2025]
A.
Preservation of natural features.
(1)
Except as otherwise stated in this chapter, no structure shall be built within 100 feet of the bed of a watercourse or within 25 feet of the mean high-water elevation of Canandaigua Lake, except for:
(a)
Docks, piers, boathouses and/or ramps designed for provision of navigational access;
(b)
Public bridges, public waterworks and other municipal or public utility facilities; and
(c)
Private bridges, fords, drainage conduits, embankments and similar structures as are necessary to permit access to a lot or portion thereof or as are incidental to a lawful use of a lot, provided that such structure will not have a material adverse effect on the stream, nor alter the flow of water therein, nor substantially increase the likelihood of flood or overflow in the area.
(2)
No person shall strip, excavate, stockpile, or otherwise remove or relocate topsoil, except:
(3)
No movement of earth or soil erosion shall be permitted at any time in any district which adversely affects conditions on any other property.
(4)
Whenever natural features such as trees, brooks, drainage channels and views interfere with the proposed use of property, the retention of the maximum amount of such features consistent with the intended use of the property shall be required.
B.
All accessory buildings and accessory structures, not including agricultural structures and except as otherwise specified in this chapter, shall be subject to the standards in this section.
(1)
An accessory building attached to a principal building shall be considered a part of the principal building and is required to comply with the yard requirements of this chapter for the principal building. For the purposes of this section, "attached" shall mean physical connection by way of a common wall or foundation and not separated by an unenclosed exterior space.
(2)
No detached accessory building shall be closer to the street or right-of-way line than the minimum front yard setback for the principal building.
(3)
Accessory buildings and structures for multiple-family dwellings, manufactured home parks, public uses, commercial uses and industrial uses may be allowed in rear or side yard(s) of the primary building(s).
(4)
Detached accessory buildings and structures may be required to be fenced and/or buffered from adjacent properties, consistent with approved site plans, in order to protect the value of adjacent properties.
(5)
Except as otherwise stated in this chapter, a nine-hundred-square-foot accessory building shall be allowed on vacant lots with no primary building or use and may be used for storage of materials, equipment, and other personal property in the AR-1, AR-2, RR-3 and SCR-1 districts. Such accessory building shall be subject to the setback and height requirements contained in the Zoning Schedule (Schedule I).[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
(6)
Accessory buildings shall not be used as habitable space.
(7)
The following shall apply to lots with one or more single- and two-family dwellings outside of the Residential Lake District:
(a)
A lot of 20,000 square feet or less may have:
[1]
One detached private garage;
[2]
One additional detached accessory building not exceeding 200 square feet plus 1% of the subject lot's area in square feet and rounded to the nearest fifty; and
[3]
A total combined building footprint for all detached accessory buildings not exceeding 1,300 square feet.
(b)
A lot of greater than 20,000 square feet may have, in addition to attached accessory buildings:
(d)
Except within the AR-1, AR-2 and RR-3, detached accessory buildings that are taller than the principal building or have a footprint greater than that of the principal building, not including attached private garages, porches, decks, and patios, shall be separated from the principal building by a distance equal to the side setback required for an accessory building.
(e)
Except within the AR-1, AR-2 and RR-3, detached accessory buildings with the exception of detached private garages and storage sheds shall be located in the rear yard and subject to the setback requirements for the district in which it is located.
(f)
Except within the AR-1, AR-2, and RR-3, detached private garages and storage sheds shall be located to the rear of the front building line of the principal building and may be located in the side yard.
(g)
Except within the AR-1, AR-2, and RR-3, on corner lots, detached accessory structures shall be located in a side yard.
(h)
If a lot is divided by a street and the principal building is located on one portion of the lot, then the accessory building/structure may be permitted on the portion of the lot opposite the principal building. In this instance, the minimum setbacks for the zoning district shall apply.
(i)
Accessory buildings may have electrical, gas, and water service but no other utilities.
(8)
Lots located within the NC, CC, RB-1, LI, and I districts that accommodate one or more existing agricultural uses and/or single- and two-family dwellings shall be allowed the same accessory uses, buildings, and structures specified in Town Code § 220-14, AR-1 Agricultural Rural Residential District, but subject to the lot and setback requirements applicable to their respective zoning district, except that accessory buildings and accessory structures used for the sale of agricultural and nursery products shall not be allowed along State Route 332.
C.
Every developed lot of record shall have access to a right-of-way. All structures shall be so located on lots so as to provide safe and convenient access for servicing, fire protection and required off-street parking. Further standards may be found within the Town of Canandaigua Site Design and Development Criteria.[2]
[2]
Editor's Note: The Site Design and Development Criteria are available in the Town offices or through the Town's online version of the Code (eCode360®).
D.
At the intersection of two or more streets, no hedge, fence or wall (other than a single post or tree) which is higher than three feet above curb level, nor any obstruction to vision, including agricultural crops, shall be permitted in the triangular area formed by the intersecting street lines and a line joining each 50 feet distant from said intersection measured along the edge of the pavement.
E.
Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard setback area shall be measured from such proposed right-of-way line.
F.
Outdoor display of goods for sale. Unless the display of goods for sale in such an area shall have been approved by the Town Planning Board, no commercial establishment shall place or display goods, including vehicles, for sale upon any seeded or landscaped area nor upon any paved area necessarily designated on an approved site plan to meet the minimum requirements of the Town Zoning Law for off-street parking.
G.
No manure, odor or dust-producing substances shall be permitted to be stored within 200 feet of any lot line, unless such substance is part of accepted agricultural operations or practices and the land involved lies within an agricultural district established pursuant to New York State Agriculture and Markets Law.
H.
For the purpose of regulating the location of buildings or structures on corner lots and through lots, all portions of a corner lot and a through lot which fronts on a public street shall be subject to the front yard setback requirements of the zone district in which the corner lot or through lot is located.
I.
No front yard, wherever located, and except as may be otherwise provided in Article V, no rear yard adjoining Canandaigua Lake, shall be used for the open storage of boats, vehicles, travel trailers or any other equipment, except for vehicular parking on driveways. Such open storage may be stored on the side of the building but not nearer than 10 feet from the rear or side lot line.
J.
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter either with respect to any existing structures or use and any proposed structures or use or setbacks.
K.
Fences erected in the Town shall adhere to the following standards:
(1)
Except as may be otherwise provided in this Subsection K, no fence in a front yard within any parcel zoned and occupied for residential use or in a rear yard adjoining Canandaigua Lake shall be erected, altered, or reconstructed to a height exceeding four feet above ground level.
(2)
Except as may be otherwise provided in this Subsection K, no fence in a rear yard or side yard within any parcel zoned and occupied for residential use shall be erected, altered, or reconstructed to a height exceeding six feet above ground level.
(3)
Fencing used to enclose a tennis court may be permitted up to 12 feet in height, provided that such fencing is not less than the minimum permitted setback for accessory structures in the applicable zoning district.
(4)
These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.
(5)
Except as provided in §220-60, fences in the Restricted Business, Industrial, and Commercial Districts may be up to eight feet in height.
(6)
Fences for kennels and for the purpose of enclosing farmland, horses, and cattle shall not exceed eight feet in height.
(7)
No fence shall be erected to encroach on any property line or upon a public right-of-way.
(8)
No fence shall be erected in a delineated area of special flood hazard, except for farm fences, unless it can be demonstrated that such fence would not restrict the flow of floodwaters nor would it have any impact on any buildings. No fence shall be erected in such area of special flood hazard until a development permit is obtained in accordance with Chapter 115 of this Town Code.
(9)
Snow fences may be allowed without a permit, provided that the placement does not result in snow drifting onto adjacent properties or the public highway. Said fences may be erected for a period not to exceed six months and must be removed not later than May 1 of each year.
(11)
Fences on lots adjoining Canandaigua Lake shall not be erected within 15 feet of the mean high water mark and shall not be erected in a way that will impair the view from any neighboring property.
(12)
Fences for large-scale solar energy systems shall conform to the minimum size required per National Electric Code. This requirement shall be confirmed by the Code Enforcement Officer.
L.
If the use of any lot or building involves the disposal of on-site wastewater and public sewers are not available, an adequate on-site wastewater treatment system shall be installed and maintained in accordance with regulations and standards promulgated by Chapter 202 of the Code of the Town of Canandaigua. The minimum lot area otherwise required shall be increased where necessary to the extent required to provide such on-site wastewater treatment system.
M.
Except for customary farm operations, no lot shall be used for the commercial storage or disposal of solid or liquid waste without the prior approval of the Town Board. Duly approved on-site wastewater treatment systems shall be excepted from this provision. Town Board approval shall be given only upon a finding that the proposed use shall not have a detrimental effect upon surrounding properties and evidence of any required permits necessary from the New York State Departments of Health and/or Environmental Conservation. The Town Board may require the submission of any documents necessary to make the foregoing finding. Consistent with the provisions of Subsection G above, this provision shall not prohibit the storage of animal waste upon any farm.
N.
On-site wastewater treatment systems shall be designed, installed and maintained in accordance with approved plans and the procedures and standards of the New York State Departments of Health and Environmental Conservation and Chapter 202, On-Site Wastewater Treatment Systems.
O.
All construction plans shall include design solutions for each site's drainage needs. Site grading shall direct water away from buildings and structures to the natural drainageway or a public storm drainage system. Where no public storm drainage system exists, site drainage controls will be required for each development, to maintain surface runoff to any adjacent site or natural drainageway. The rate of surface runoff shall be the site's existing rate shown to exist based on accepted drainage calculation.
P.
Any structure which has been vacant or which has had utility service disconnected for 12 consecutive months shall not be used for any purpose without obtaining a new certificate of compliance.
Q.
Amateur radio towers. Amateur radio towers erected or maintained within any zoning district shall adhere to the following standards:
(1)
The sole purpose of the tower is to support antennas for an FCC-licensed amateur radio station. Towers erected under this section shall only be allowed to continue so long as a licensed amateur radio station continues on the premises.
(2)
An application for an amateur radio tower building permit must be accompanied by the tower manufacturer's ASME specifications or an equivalent structural analysis, including a one-hundred-fifty-percent safety factor design by a licensed professional engineer.
(3)
Amateur radio towers shall only be erected or maintained within the front yard if it is not possible to effectively communicate on amateur HF, VHF or UHF bands using a tower located within the rear or side yards. A written statement from an engineer or other recognized competent authority, such as the American Radio Relay League, describing the impracticability of effective communication from a tower located within the permitted rear or side yards shall be included with any application to erect a tower within the front yard.
(4)
The base of an amateur radio tower shall be located no closer to any property line than the minimum setback requirements for accessory buildings within the district or a distance equivalent to 40% of the tower height, whichever is greater.
(5)
Supporting structures other than the tower base, tower guys and buried anchors shall be located no closer to any property line than the minimum setback requirements for accessory buildings within the district.
(6)
There is no restriction on the location of tower guys and buried anchors. However, if a guy point or anchor is placed on or nearer a property line than the accessory building setback, the guy point must be elevated at least six feet above ground level and constructed of suitable material.
R.
All dumpsters in a permanent location shall be enclosed and surrounded by a fenced area with a secured gate in front and landscaping around the remaining three sides. In no instance shall the dumpster be visible from along the public way. In addition, the height of the fencing or landscaping shall be one foot higher than the height of the dumpster. All dumpsters shall be placed on a durable surface consisting of concrete, asphalt, or crushed stone. No fence enclosure shall be comprised of either chain link or plastic strips, and the color of the fence shall be consistent with the principal building.
S.
Placement of manufactured housing within the Town of Canandaigua.
(1)
A manufactured home used as a single-family dwelling is allowed as a permitted principal use in any residential zoning district where single-family dwellings are permitted as a permitted principal use.
(2)
A manufactured home sited under the provisions of this section shall offer no less than 720 square feet of living area, excluding decks, porches and other structures which are either attached or placed immediately adjacent to the manufactured home.
(3)
A manufactured home located outside of a manufactured home park shall be sited on a permanent foundation.
(4)
Manufactured homes to be sited within the Town of Canandaigua shall comply with all applicable federal, state and/or local laws at the time of application.
(5)
A permit must be obtained from the Code Enforcement Officer of the Town of Canandaigua prior to the siting of any manufactured home within the Town of Canandaigua.
T.
All single-family dwelling units, except senior living facilities, constructed and/or located within the Town of Canandaigua shall offer no less than 720 square feet of living area excluding decks, porches, and other structures which are either attached or placed immediately adjacent to the dwelling unit. This shall not apply to multiple-family dwellings.
U.
Accessory dwelling units.
(1)
Intent and purpose. It is the purpose and intent of this subsection to a) permit accessory dwelling units in all single-family residential districts in the Town of Canandaigua in order to meet the diverse housing needs of persons living in the Town of Canandaigua; b) allow the more efficient use of the Town's existing housing stock; and c) ensure that the accessory dwelling unit remains subordinate to the primary residence.
(2)
Eligibility. Accessory dwelling units may be located on residential lots on which there exists a single-family detached dwelling located on properties in zoning districts where a single-family dwelling is a permitted use, subject to the following:
(a)
Location of unit.
[1]
Any accessory dwelling unit shall be located in the principal dwelling unit on the premises. No accessory dwelling unit shall be located in a detached accessory building or structure, except as follows:
[a]
The minimum separation from the principal structure shall be 10 feet.
[b]
Detached accessory dwelling units shall have a maximum height as set forth in the zoning laws for that district.
[c]
A detached accessory dwelling unit shall meet the setbacks for a single-family home in the respective zoning district of the parcel.
(b)
Number of units. There shall be no more than one accessory dwelling unit permitted for each parcel.
(c)
An accessory dwelling unit shall only be permitted where the principal structure of the lot is a single-family residence and has been issued a certificate of occupancy or a certificate of compliance.
(d)
Size. Accessory dwelling unit size shall be regulated by bulk and area requirements for a single-family home in the respective zoning district of the parcel.
(e)
Occupancy. The owners of record of the property on which the principal dwelling unit is located must reside in either the principal dwelling unit or the accessory dwelling unit.
(f)
Utility service. The principal dwelling unit and the accessory dwelling unit shall have only one service and one meter for each utility servicing the property. There shall be only one sanitary sewer service, one water line service, one electrical service and one natural gas service.
(g)
Parking. There shall be at least one additional off-street parking space for an accessory dwelling unit.
(h)
Exterior Appearance and Access for attached accessory dwelling units.
[1]
Exterior appearance. The structure in which the principle dwelling unit and accessory dwelling unit is located shall maintain the appearance of a single-family dwelling.
[2]
Interior access. There shall be at least one unobstructed passageway between the principal dwelling unit and an attached accessory dwelling unit.
[3]
Exterior access. Separate exterior access to an attached accessory dwelling unit is permitted; however, no separate exterior access to the accessory dwelling unit shall be located at the front of the structure.
(i)
Access to parcel. Access to the parcel shall be limited to one point of ingress and egress or curb cut at the parcel's right-of-way lines regardless of the number of right-of-way lines of the parcel.
(j)
An accessory dwelling unit shall not be permitted on a lot on which exists a tourist home, bed-and-breakfast, rooming or boarding house, home occupation, preexisting accessory dwelling unit, or multiple-family dwelling.
(k)
Recorded restrictions. Prior to the issuance of a certificate of occupancy, the property owner(s) shall deliver to the Town Building Inspector an agreement, in form and substance acceptable to the Town and suitable for recording in the Ontario County Clerk's Office, acknowledging the property's eligibility and the applicable standards for the property's accessory dwelling unit.
V.
Driveways.
(1)
No driveway shall be permitted where by its design there results in surface runoff directly onto the adjacent public highway.
(2)
No driveway shall be permitted where by its design there results an unsafe sight distance as may be determined by the appropriate highway official or the Town Engineer. [See § 220-76A(2) and C(1).]
(3)
A single driveway, providing a single point of access to a public street, serving a single-family detached dwelling located on a residential site shall be 10 feet from any side property line. Driveways closer than 10 feet may be permitted, provided that they are designed as a shared driveway between two or more residential sites. Where a single-family dwelling site also involves land being used for agricultural operations, then a second point of access to a public street may be allowed, but only for agricultural purposes.
(4)
A single-purpose driveway, providing a single point of access to a public street, serving a multifamily site, a commercial, industrial, or mixed-use site shall be 20 feet from any side property line. Driveways closer than 20 feet may be permitted, provided that they are designed as a shared driveway between two or more of these types of site.
(5)
Driveways shall not be subject to the front setback requirements contained elsewhere in this chapter.
W.
Swimming pools.
(1)
General requirements.
(a)
Permit applications for swimming pools shall include a site drawing showing:
[1]
All existing and proposed structures, including the swimming pool dimensions and depths.
[2]
The distance of the swimming pool and other proposed structures from all boundary lines.
[3]
The location of the on-site wastewater treatment system, if applicable.
[4]
The well location, if applicable.
[5]
Proposed lighting.
[6]
Easements and any other additional information as may be required by the Town to demonstrate compliance with Town Code and other applicable laws.
(c)
Swimming pools shall be sited in compliance with the National Electrical Code and the electric service provider for the site.
(d)
No swimming pool or discharge water shall drain upon the lands of the adjoining premises.
(e)
Filter pumps and other mechanical devices used in connection with any swimming pool shall be located in order not to interfere with the health, safety and enjoyment of the adjoining premises.
(f)
If the use of any private swimming pool shall be abandoned or permanently discontinued, the owner shall see that the excavated depression shall be filled in and that no potential hazard exists.
(2)
Dimensional requirements.
(a)
Swimming pools shall only be located in the rear and/or side yard of a lot.
(b)
No swimming pool or associated decks, patios or devices connected with the installation, maintenance or operation of a swimming pool, including but not limited to pump and filter enclosures, bathhouses and cabanas, shall be constructed or erected closer than the setbacks for accessory structure of the zoning district.
X.
Outdoor furnaces. All outdoor furnaces shall comply with applicable New York State Department of Environmental Conservation requirements.
Y.
Development in any zoning district shall comply with the applicable provisions contained elsewhere in Town Code and the Town of Canandaigua Site Design and Development Criteria.
Z.
Site development permits.
(1)
When no building permit or other Town approval pursuant to this chapter is required, a site development permit from the Town Development Office shall be obtained for the following:
(2)
A site development permit shall include information described in § 220-66, Sketch plan requirements, and all other information as may be required by the Town Development Office.
(3)
Site development permit applications shall be made by the landowner and reviewed by Town staff to determine compliance with Town Code requirements.
AA.
Oil-and-gas-extraction-related land uses are prohibited anywhere within the Town except as provided in § 220-107, Preexisting nonconformities.
BB.
Within the R-1-20, R-1-30, SCR-1, AR-1, AR-2, and RR-3 zoning districts, accessory buildings or accessory structures of a nonpermanent nature (movable and temporary) may be utilized for the sale of seasonal agricultural products under the following conditions:
(1)
The stand shall be outside the public right-of-way.
(2)
Sufficient land area shall be provided to accommodate of-street parking. In no event shall a stand operation be allowed to continue when parking along a public street becomes a traffic safety concern in the opinion of either the Town Highway Superintendent or local law enforcement officials.
§ 220-9.1 (Reserved) [1]
[1]
Editor's Note: Former § 220-9.1, Short-term rentals, added 12-21-2020 by L.L. No. 5-2020, as amended, was repealed 5-20-2024 by L.L. No. 5-2024.