Canandaigua Town City Zoning Code
ARTICLE V
District Regulations
§ 220-13 Application of regulations.
The regulations set by this chapter shall be the minimum regulations within each district and shall apply uniformly to each class or kind of structure or use of land. Except as provided herein, no building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located. See also Article XII, Permitted Modifications, and Article XIII, Nonconformance.
A.
Uses as specified herein as being permitted or specially permitted include only those structures and activities considered to be customary and incidental to the particular allowed use.
B.
Except as specifically provided herein, lots in Industrial, Limited Industrial, and Community Commercial Zones may have more than one principal building erected thereon where all uses are permitted by the underlying zoning district.
C.
No part of a yard or other open space, or off-street parking or loading space, required about or in connection with any building for the purpose of complying with the regulations set forth herein shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building except as provided in Article VIII.
D.
Where two or more single-family dwellings exist on a lot of record at the time of the enactment of this chapter, subsequent additions to each dwelling, including accessory structures and appurtenances, shall conform to all the requirements of this chapter which otherwise would be applicable to each single-family dwelling if it were on a separate lot of record.
§ 220-14 AR-1 Agricultural Rural Residential District.
[Amended 4-8-2013 by L.L. No. 2-2013; 12-19-2016 by L.L. No. 10-2016; 3-16-2020 by L.L. No. 1-2020; 7-22-2024 by L.L. No. 6-2024; 7-21-2025 by L.L. No. 4-2025]
A.
Purpose. The purpose of the AR-1 Agricultural Rural Residential District is to encourage a proper environment to foster normal agricultural operations and land uses, to maintain an open rural character, to protect viable agricultural soils and areas, to conserve natural resources, and to assure compatible types and densities of residential development on lands where public sewers do not exist and are not envisioned in the future, and where public water service coverage is intermittent.
B.
Permitted principal uses.
(1)
Agriculture use(s) and agricultural structures. This may include one single-family dwelling per lot.
(2)
One single-family dwelling per lot.
(3)
One single-family dwelling and one attached or detached accessory dwelling unit per lot.
(4)
Commercial greenhouse(s) or warehouse(s) on lots of five or more acres.
(5)
The keeping, breeding, and raising of bovid (such as cows, goats, sheep and including dairies), camelids (such as alpaca), and equids (such as horses), subject to the following restrictions:
(a)
Minimum lot sizes shall be five acres of land.
(b)
There shall be a minimum distance of not less than 100 feet between any structure housing animals and any property line or street line of the subject property.
(c)
There shall be no piling of manure within 200 feet of a lot line. There shall be no piling of manure as otherwise prohibited in the Town Code.
(6)
The keeping, breeding and raising of furbearing animals, swine and fowl subject to the following additional restrictions:
(a)
Minimum lot sizes shall be five acres of land.
(b)
Confining shelters shall not be closer than 200 feet from any property line or street line.
(c)
Wet litter disposal operations shall be permitted only under the following conditions:
[1]
All buildings containing furbearing animals, swine, fowl or litter shall not be any closer than 200 feet from any street or lot lines and no closer than 200 feet from the nearest residence building on an adjacent lot.
[2]
Sludge or other products produced by the operation must be stored in a tank or suitable container until removed.
(8)
Farm labor housing, provided that the property owner provides acceptable documentation that the housing will be provided to farm labor as defined in this code and further provided that such farm labor housing will be removed within a reasonable amount of time in the event farm labor operations are no longer taking place on the property or properties served by said farm labor housing. Farm labor housing shall be subject to the area and bulk standards set forth in Schedule 1 of this chapter for Agricultural Uses and Structures (Principal Building).
C.
Permitted accessory uses, buildings and structures.
(1)
Detached accessory buildings and accessory structures serving residential uses, including but not limited to private garages, swimming pools, hot tubs, storage buildings and greenhouses, all subject to the requirements specified in Town Code § 220-9 and elsewhere in this chapter.
(2)
Agricultural structures associated with an agricultural use.
(3)
Off-street parking, fencing and signs.
(4)
Permanent accessory building or accessory structure for the sale of agricultural and nursery products grown principally by the operator, subject to the following restrictions:
(a)
Such structures shall conform to the minimum setback requirements for the principal buildings in this district as specified in the schedule.
(b)
Sufficient land area shall be provided to accommodate off-street parking for not less than three vehicles on site. In no event shall a structure be allowed to continue when parking along a public highway becomes a traffic safety concern in the opinion of either the Town Highway Superintendent or local law enforcement officials.
D.
Dimensional requirements. The dimensional requirements for this district are specified in Schedule I,[2] which is a part of this chapter.
[2]
Editor's Note: Schedule I is included at the end of this chapter.
E.
Special permitted uses. The following uses may be permitted consistent with the provisions of Article VI, provided that a special use permit is issued by the Town Planning Board:
(1)
Essential services, public utility or communications installations.
(2)
Commercial excavation operations.
(3)
Private or commercial airstrips.
(4)
Camping grounds.
(5)
Commercial horse boarding operation, stables or riding academies where animals are boarded, rented or leased.
(6)
Commercial recreation uses and facilities.
(7)
Kennels.
(8)
Windmills or wind generators.
(9)
Tourist homes.
(10)
Commercial indoor storage of motor vehicles, recreational vehicles and boats.
(14)
Personal wireless communications facilities.
(15)
Public uses.
(16)
Temporary uses.
(17)
Large-scale solar energy systems.
(18)
Small-acreage agricultural use.
§ 220-15 AR-2 Agricultural Rural Residential District.
A.
Purpose. The purpose of the AR-2 Agricultural Rural Residential District is to encourage a proper environment to foster normal agricultural operations and land uses, to maintain an open rural character, to protect viable agricultural soils and areas, to conserve natural resources, and to assure compatible types and densities of residential development on lands where public sewers do not exist and are not envisioned in the future, and where public water service coverage is intermittent.
E.
Dimensional requirements. The dimensional requirements for this district are specified in Schedule I,[1] which is part of this chapter.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
§ 220-16 RR-3 Rural Residential District
A.
Purpose. The purpose of the RR-3 Rural Residential District is to promote orderly residential development of rural areas comprised primarily of abandoned farmlands, brush lands, open lands, woodlands, ravines and hills, where public sewer and water service either does not exist or is not envisioned in the near future.
D.
Dimensional requirements. The dimensional requirements for this district are specified in Schedule I of this chapter.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
§ 220-17 R-1-30 Residential District.
[Amended 4-8-2013 by L.L. No. 2-2013; 3-16-2020 by L.L. No. 1-2020; 3-16-2020 by L.L. No. 1-2020; 7-21-2025 by L.L. No. 4-2025]
A.
Purpose. The purpose of the R-1-30 Residential District is to promote orderly single-family development on sites that have public water to maintain a transitional residential density zone between the AR-1 and R-1-20 Districts and to maintain the rural residential character of the community.
B.
Permitted principal uses.
(1)
One single-family dwelling per lot.
(2)
One single-family dwelling and one attached or detached accessory dwelling unit per lot.
(3)
Agricultural uses and agricultural structures.
(4)
The keeping, breeding, and raising of bovids (such as cows, goats, sheep and including dairies), camelids (such as alpaca), and equids (such as horses), subject to the following restrictions:
(a)
Minimum lot sizes shall be five acres of land.
(b)
There shall be a minimum distance of not less than 100 feet between any structure housing animals and any property line or street line of the subject property.
(c)
There shall be no piling of manure within 200 feet of a lot line. There shall be no piling of manure as otherwise prohibited in the Town Code.
(5)
The keeping, breeding and raising of fur-bearing animals, swine and fowl subject to the following restrictions:
(a)
Minimum lot sizes shall be five acres of land.
(b)
Confining shelters shall not be closer than 200 feet from any property line or street line.
(c)
Wet litter disposal operations shall be permitted only under the following conditions:
[1]
All buildings containing furbearing animals, swine, fowl or litter shall not be any closer than 200 feet from any street or lot lines and no closer than 200 feet from the nearest residence building on an adjacent lot.
[2]
Sludge or other products produced by the operation must be stored in a tank or suitable container until removed.
C.
Permitted accessory uses, buildings and structures.
D.
Dimensional requirements. The dimensional requirements for this district are specified in Schedule I,[1] which is part of this chapter.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
E.
Special permitted uses. The following uses may be permitted consistent with the provisions of Article VI, provided that a special use permit is issued by the Town Planning Board:
(1)
Public uses.
(2)
Temporary uses.
(3)
Essential services, public utility or communications installations.
(4)
Private golf courses and country clubs.
(5)
Camping grounds.
(6)
Kennels.
(7)
Tourist homes.
(8)
Commercial indoor storage of motor vehicles, recreational vehicles and boats.
(9)
Keeping of horses.
§ 220-18 SCR-1 Southern Corridor Residential District.
[Amended 4-8-2013 by L.L. No. 2-2013; 6-20-2016 by L.L. No. 7-2016; 6-19-2017 by L.L. No. 11-2017; 3-16-2020 by L.L. No. 1-2020; 7-22-2024 by L.L. No. 6-2024; 7-21-2025 by L.L. No. 4-2025]
A.
Purpose. The purpose of the SCR-1 Southern Corridor Residential District is to maintain an open rural character, to protect viable agricultural soils and areas, and to conserve natural resources and lake views. The Town seeks to promote orderly, conservation-oriented residential development in this district. Development in this district should create compact and walkable residential neighborhoods while simultaneously producing meaningful open space preservation. Much of this district has public water and/or public sewers.
B.
Density and minimum lot size. The minimum lot size in the SCR-1 Southern Corridor Residential District is one acre.
C.
Permitted principal uses.
(1)
One single-family dwelling per lot.
(2)
One single-family dwelling and one attached or detached accessory dwelling unit per lot.
(3)
Agricultural uses and agricultural structures.
(4)
The keeping, breeding, and raising of bovids (such as cows, goats, sheep and including dairies), camelids (such as alpaca), and equids (such as horses), subject to the following restrictions:
(a)
Minimum lot sizes shall be five acres of land.
(b)
There shall be a minimum distance of not less than 100 feet between any structure housing animals and any property line or street line of the subject property.
(c)
There shall be no piling of manure within 200 feet of a lot line. There shall be no piling of manure as otherwise prohibited in the Town Code.
(5)
The keeping, breeding and raising of fur-bearing animals, swine and fowl subject to the following restrictions:
(a)
Minimum lot sizes shall be five acres of land.
(b)
Confining shelters shall not be closer than 200 feet from any property line or street line.
(c)
Wet litter disposal operations shall be permitted only under the following conditions:
[1]
All buildings containing furbearing animals, swine, fowl or litter shall not be any closer than 200 feet from any street or lot lines and no closer than 200 feet from the nearest residence building on an adjacent lot.
[2]
Sludge or other products produced by the operation must be stored in a tank or suitable container until removed.
(7)
Farm labor housing, provided that the property owner provides acceptable documentation that the housing will be provided to farm labor as defined in this code and further provided that such farm labor housing will be removed within a reasonable amount of time in the event farm labor operations are no longer taking place on the property or properties served by said farm labor housing. Farm labor housing shall be subject to the area and bulk standards set forth in Schedule 1 of this chapter for Agricultural Uses and Structures (Principal Building).
D.
Permitted accessory uses, buildings and structures.
(1)
Detached private garage(s) for the parking of motor vehicles on the premises.
(2)
Customary accessory structure(s) serving a residential use, including but not limited to swimming pools, hot tubs, and greenhouses. The structure must be located in the rear yard of an SCR-1 lot where the principal building is located.
(3)
Agricultural structures associated with an agricultural use.
(4)
Off-street parking, fencing and signs in accordance with the provisions of this chapter.
(6)
Tennis court or other similar recreational facility for private use, subject to the dimensional restrictions for accessory structures.
E.
Dimensional requirements. The dimensional requirements for this district are specified in Schedule I, which is part of this chapter.[3]
[3]
Editor's Note: Schedule I is included as an attachment to this chapter.
F.
Special permitted uses.
§ 220-19 R-1-20 Residential District.
A.
Purpose. The purpose of the R-1-20 Residential District is to promote orderly single-family development and two-family development where clustered on sites that have public sewer and/or water, and to provide for residential uses at suburban standards and densities.
B.
Permitted principal uses.
(1)
The same as are permitted in the R-1-30 District, except that the minimum lot size for a single-family dwelling is 20,000 square feet.
C.
Permitted accessory uses, buildings and structures.
[Amended 4-8-2013 by L.L. No. 2-2013]
D.
Dimensional requirements. The dimensional requirements for this district are specified in Schedule I,[1] which is part of this chapter.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
E.
Special permitted uses. The following uses may be permitted consistent with the provisions of Article VI, provided that a special use permit is issued by the Town Planning Board:
§ 220-20 MR Multiple-Residence District.
[Amended 3-16-2015 by L.L. No. 3-2015; 11-16-2020 by L.L. No. 3-2020; 12-23-2024 by L.L. No. 16-2024]
A.
Purpose. The purpose of the MR Multiple-Residence District is to permit, where appropriate, the construction and development of multiple-family residences in the Town. At the same time, the Town does not desire the large-scale development of these units to the extent that large areas of the Town would be devoted to such use and single-family residences would be incompatible. Accordingly, additional areas may be zoned as a MR District upon application for a specific proposal in accordance with the normal rezoning procedures. In reaching its decision, the Town Board shall consider the general criteria set forth in this chapter, the adopted Comprehensive Plan for the Town, and this statement of purpose. Areas proposed to be zoned MR shall be served by sanitary sewers and public water.
C.
D.
Dimensional requirements and design standards. The dimensional requirements for this district are specified in Schedule I of this chapter. In addition to the dimensional requirements set forth in Schedule I, the following site design standards shall be applicable to all townhouse dwelling unit and multiple-family dwelling unit developments:
(1)
Townhouse development site design standards.
(a)
The minimum area lot size for a townhouse development shall not be less than three acres.
(b)
Density. Overall site density shall not exceed eight dwelling units per gross acre, and not more than eight dwelling units shall be allowed on any one acre of land.
(c)
Individual dwelling unit lot criteria.
[1]
The minimum lot area for each townhouse dwelling unit shall be 3,500 square feet.
[2]
The minimum front setback shall be 25 feet.
[3]
The minimum lot width at the front building line shall be 25 feet for a two-story townhouse unit.
[4]
The minimum lot width at the front building line shall be 35 feet for a single-story townhouse unit.
[5]
The minimum rear setback shall be 25 feet.
[6]
The maximum lot coverage shall be 65%.
[7]
The minimum lot depth shall be 140 feet.
[8]
There shall be no accessory structures allowed.
[9]
Common off-street parking areas may be allowed.
[10]
(Reserved)
[11]
Where garages are accessed from the rear portion of the structure, the front building line shall continue to be the portion facing the street. In these instances, the minimum front setback shall be 10 feet.
[12]
(Reserved)
[13]
There shall be an adequately sized bulk storage area provided for each townhouse unit. The minimum size for such bulk storage area shall be determined by the Planning Board as part of site plan approval. In the event a bulk storage area is not found to be adequately sized, the landowner or homeowners association shall be responsible for providing additional area to meet need.
(d)
Minimum habitable floor area per dwelling unit shall be 720 square feet.
(e)
No exterior wall shall exceed 50 feet in length unless there is a lateral offset of at least four feet in its alignment not less frequently than along each 50 feet of length of such exterior wall.
(f)
Each townhouse building shall contain not more than eight dwelling units.
(g)
Parking requirements. Requirements for off-street parking as provided in Article VIII of this chapter shall be met, except that the location of off-street parking lots may be modified to conform with the approved site plan, provided that such lots shall not be located within the front yard or the required side yard setback. Paved pedestrian walkways, with appropriate lighting, shall be provided from off-street parking areas to all dwelling units each parking area is intended to serve. In addition to the standards required in Article VIII, the following standards shall be met:
(h)
Each townhouse development shall have adequate pedestrian-separated facilities (sidewalks) connecting all townhouse dwelling units in the development.
(i)
Each townhouse dwelling unit lot shall have a minimum of two trees to be planted prior to the issuance of a certificate of occupancy, or due to seasonal conditions, said trees are to be planted within six months of the issuance of a temporary certificate of occupancy.
(j)
Each on-site stormwater facility shall be adequately landscaped.
(k)
Each townhouse development shall either have mailboxes attached to the front of each structure, or a common mailbox area with adequate pull-off for both postal delivery vehicles and private vehicles. There shall otherwise be no mailboxes allowed along the side of a street.
(l)
Each townhouse development shall contain streetlighting spaced at each intersection, at any cul-de-sac or dead-end street and any common parking area. Streetlighting shall be dark sky compliant as further regulated in § 220-77 of the Town Code.
(m)
Each townhouse development street name shall be in compliance with the Ontario County 911 Street Naming Regulations.
(n)
Where a townhouse development does not have public streets serving the townhouse dwelling units, then provisions shall be made with the local school district for the use of an acceptable off-street area to be used for the loading and unloading of school children. Each such area shall have a well-designed all-weather structure for use by students awaiting pickup or dropoff. Each such area shall be adequately illuminated in accordance with Town lighting standards.
(2)
Apartments and condominium site design standards.
(a)
The minimum lot size for apartment building developments shall not be less than three acres.
(b)
Density. Density shall not exceed eight dwelling units per gross acre.
(c)
Floor areas. Minimum floor areas, exclusive of common areas such as halls, foyers and basement utility areas, shall be as follows:
(d)
Open space. There shall be at least 400 square feet of common open space exclusive of the required setback areas, buffer strips and parking areas which shall be designated for recreation, active and/or passive, for each apartment building.
(f)
Apartment building development design standards. Each apartment building development site shall be regulated as follows:
[1]
Minimum distance between buildings shall be 50 feet.
[2]
Direct line of sight visibility, from front to rear, from one building to another shall not be less than 100 feet.
[3]
Every building shall have a minimum setback of 25 feet from all interior roads, driveways and parking areas.
[4]
A strip of land around each apartment building, at least six feet in width, shall be kept completely open except for foundation plantings of less than six feet in height.
[5]
Courtyards bounded on three sides by the wings of a single building, or by the walls of separate buildings, shall have a minimum court width of two feet for each one foot in height of the tallest adjacent building.
[6]
No exterior wall shall exceed 100 feet in length unless there is a lateral offset of at least eight feet in its alignment not less frequently than along each 100 feet of length of such exterior wall.
[7]
All stairways to the second floor or higher shall be located inside the building.
(g)
Access to public roads.
[1]
All apartment building developments shall have direct access to a public road.
[2]
Where there are 12 or more dwelling units in an apartment building development, access from the common parking area(s) to the public road must be provided by either a private driveway or a road dedicated to the Town by the developer.
[3]
Where there are 50 or more dwelling units in an apartment building development, the Town Planning Board may require an additional access, to that required above, to a public road as a condition of site plan approval.
[4]
In no event shall the Town Planning Board allow more than 150 units to be served by one access to a public road.
(h)
Services.
[1]
Each dwelling unit shall contain complete kitchen facilities, toilet, bathing and sleeping facilities.
[2]
There shall be a minimum common storage area in each building for bicycles and similar types of equipment of 40 square feet in area, a minimum of five feet in height and not less than four feet in width per each dwelling unit.
[3]
Within each building there shall be sufficient laundry, drying and other utility areas.
[4]
Garbage storage areas shall be provided for each building. Such facilities shall be located with a view both to convenience and to minimizing the detrimental effect on the aesthetic character of the building(s) and shall be enclosed and shielded from view by fencing, walls or shrubbery of at least six feet in height around the perimeter. Fencing and walls shall be not more than 50% open on the vertical surface.
[5]
There shall be an adequately sized bulk storage area provided for each apartment building. The minimum size for such bulk storage area shall be determined by the Planning Board as part of site plan approval. In the event a bulk storage area is not found to be adequately sized, the landowner shall be responsible for providing additional area to meet need.
§ 220-21 RLD Residential Lake District.
[Amended 5-10-2013 by L.L. No. 7-2013; 3-16-2015 by L.L. No. 1-2015; 10-17-2016 by L.L. No. 9-2016; 3-16-2020 by L.L. No. 1-2020; 2-15-2021 by L.L. No. 2-2021; 9-23-2024 by L.L. No. 10-2024; 7-16-2025 by L.L. No. 3-2025; 7-21-2025 by L.L. No. 4-2025]
A.
Purpose. The purpose of the RLD Residential Lake District is to allow limited residential uses that protect the quality of Canandaigua Lake and the surrounding natural topography, including the shoreline, ridgelines, and scenic vistas of this unique and environmentally sensitive area.
C.
Permitted accessory uses.
(1)
One detached private garage no taller than 16 feet and one attached private garage may be permitted.
(2)
One accessory building/structure, not to exceed 100 square feet in total area and 10 feet in height above average finished grade may also be permitted. Except as provided in Subsection C(2)(c) and (d) and Subsection D below, setback requirements for accessory buildings/structures are specified in Schedule I,[1] Zoning Schedule, RLD.
(a)
If the principal building on a lakefront is located on the lakeside portion of the lot, then the accessory building/structure may be permitted in the side yard of the principal building.
(b)
If a lakefront lot is divided by a street and the principal building is located on the lakeside portion of the lot, then the accessory building/structure may be permitted on the portion of the lot opposite the lakeside. In this instance, the front setback shall not be less than 60 feet, the rear setback shall not be less than 10 feet, and the minimum side yard setback shall be 10 feet.
(c)
If a lakefront lot is divided by a street and the principal building is not located on the lakeside portion, then the accessory building/structure may be located in the rear yard of the principal building.
(d)
If a lakefront lot is divided by a street and the principal building is not located on the lakeside portion, then the accessory building/structure may be located on the lakeside portion and may contain a restroom, but only with public water and sewer service.
(e)
There shall be no additions to an accessory building/structure, such as, but not limited to, decks, porches and cantilevers.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(3)
One generator not to exceed 15 square feet in total area may also be permitted in compliance with setback and lot coverage requirements for accessory buildings/structures as specified in Schedule I, Zoning Schedule, RLD.
(4)
Seasonal storage, commencing no earlier than October 31 of any year and continuing no later than May 31 of the following year, of docks, hoists and buoys permitted to be used on the premises by the provisions of Chapter 96, Canandaigua Lake Uniform Docking and Mooring.
(5)
Swimming pools.
(a)
Installation. No swimming pool shall be installed unless a building permit shall have been issued in accordance with the New York State Uniform Fire Prevention and Building Code and the provisions of the Town Code, general requirements.
(b)
No permit shall be issued for such swimming pool unless it is shown that the proposed drainage for such swimming pool shall not drain directly to neighboring properties or Canandaigua Lake.
(c)
In-ground swimming pools:
[1]
One in-ground swimming pool may be allowed for each lot.
[2]
In-ground swimming pools shall only be located in the rear or side yard of a lot.
[3]
In-ground swimming pools shall be included as part of lot coverage as measured by the water surface and all adjoining structures, including, but not limited to, patio and deck areas.
[4]
In-ground swimming pools shall meet the setback requirements for an accessory building/structure within the RLD.
D.
Dimensional requirements. The dimensional requirements for this district are specified in Schedule I, which is made a part of this chapter. However, preexisting nonconforming lots that are less than 20,000 square feet shall be subject to the following setback requirements:
(1)
(2)
(3)
Bisected lots.
(a)
Where lots are bisected by public or private rights-of-way intended for vehicular access, the lakefront portion of the lot shall have a maximum lot coverage of 50%. The total lot coverage for the entire parcel shall not exceed the maximum as specified in Schedule I of this chapter for the underlying zoning district.
(b)
Notwithstanding the foregoing, this provision shall not compel preexisting nonconforming residential structures or uses to conform, as set forth in § 220-107 of the Town of Canandaigua Code. Furthermore, the requirements herein shall apply solely to new residential development, as defined in the Town Code, except shall expressly exclude the tear-down and rebuild of residential projects, provided that the reconstruction adheres to the following:
F.
Special provisions subject to all development within the RLD Residential Lake District.
(1)
No accessory buildings or tennis courts shall be constructed within rear yards adjoining Canandaigua Lake.
(2)
Erosion/sedimentation control measures shall be used before, during and after construction until ground cover is reestablished as specified in Chapter 165 of the Town of Canandaigua Code, Soil Erosion and Sedimentation Control.
(3)
All boat docking, mooring and other related improvements in or on the waters of Canandaigua Lake are governed by Chapter 96 of the Town Code.
(4)
Rear setbacks shall be measured from the mean high-water mark.
§ 220-22 NC Neighborhood Commercial District.
A.
Purpose. The purpose of the NC Neighborhood Commercial District is to provide areas for convenient shopping to serve residential neighborhoods. These districts shall be located so as to be generally distributed throughout the Town in proportion to population and shall be limited both in size and in proximity to one another. Additionally, such districts are intended to attract pedestrian customers from surrounding residential development.
B.
Permitted principal uses.
(1)
Stores selling convenience groceries, meats, baked goods and other such food items.
(2)
Antique shops.
(3)
Woodworking shops.
(4)
Lawn and garden equipment shops.
(5)
Hair styling shops.
(6)
Real estate branch offices.
(7)
Insurance branch offices.
(8)
Small engine repair shop.
(9)
Financial services.
(10)
Restaurants.
(11)
Continuation and expansion of existing agricultural uses.
(12)
Continuation and expansion of existing residential uses.
C.
Permitted accessory uses.
(1)
Upon the approval of the Town Planning Board, a principal building may contain a combination of residential and business uses, provided that such residential uses are accessory to the business conducted.
(2)
Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises and which are used in conjunction with a permitted principal use.
(3)
Off-street parking, loading and unloading facilities, signs, fences and landscaping subject to the provisions of this chapter.
(4)
Self-service gasoline dispensing units and underground gasoline storage tanks.
D.
Dimensional requirements. The dimensional requirements for this district are specified in Schedule I,[1] which is part of this chapter.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
§ 220-23 CC Community Commercial District.
[Amended 3-16-2015 by L.L. No. 3-2015]
A.
Purpose. The purpose of the CC Community Commercial District uses is to provide a broader range of general and comparison commercial goods, services and facilities necessary to serve the needs of the population of major portions of the Town and adjacent areas.
B.
Permitted principal uses.
(1)
Any use permitted in a Neighborhood Commercial (NC) District.
(2)
Shopping centers, malls, plazas or other grouping of commercial uses and buildings.
(3)
Theaters, concert halls, stage productions or similar places of assembly when conducted within enclosed buildings.
(4)
Newspaper printing, including incidental job printing.
(5)
The sale, lease or rental of vehicles, provided that:
(a)
Such sales shall be conducted in a fully enclosed building located on the same lot and having a building area of not less than 1,000 square feet devoted to the sales and services of vehicles.
(b)
The sale of vehicles may be carried on in an unenclosed area, provided that:
[1]
Such area is on the same or an adjacent lot to such building. If the enclosed area is on an adjacent lot, the lot shall be not more than 200 feet from the lot with the building and shall further be in the same ownership as said building, be in a Community Commercial (CC) District, and be used for no other purpose.
[2]
Such unenclosed area shall be paved, shall be suitably drained, and shall be maintained in a neat and orderly manner.
[3]
All exterior illumination shall be approved by the Planning Board and shall be shielded from the view of all surrounding properties and streets in compliance with Town Code § 220-77.
[4]
Suitable landscaping and/or fencing of such unenclosed area shall be required.
[5]
As used in this section, the sale of new vehicles shall be deemed to mean only the sale of such vehicles under a franchise granted to the person, firm, or corporation conducting such business by a vehicle manufacturer. Used vehicles shall be sold only in connection with the sale of new automobiles.
[6]
No establishment for the sale of new and used vehicles shall be opened, conducted, or maintained except as provided above. Site plans for any changes required to bring about such conformance shall be submitted to and approved by the Planning Board before any such change shall be made. The Planning Board may approve, modify, or disapprove such plans and may impose reasonable and appropriate conditions to such approval so that the spirit of this chapter shall be observed.
(6)
Commercial uses such as gift shops, tourist shops, clothing stores, furniture stores, craft shops, sporting goods, shoe stores, grocery stores and liquor stores.
(7)
Laundromats and dry cleaners.
(8)
Building supply and farm equipment stores and truck garden nurseries.
(9)
Electrical, heating, plumbing or woodworking shops.
(10)
Assembling, converting, altering, finishing, cleaning, or any other processing of products, provided that:
(a)
Goods so produced or processed are to be sold at retail, exclusively on the premises.
(b)
Space used for such purposes shall not occupy more than 20% of the area devoted to retail sales, shall be clearly incidental to such retail use and shall be fully concealed from any street.
(c)
Not more than two persons shall be engaged in such production/processing at any one time.
(11)
Produce markets, farm and craft markets.
[Amended 3-16-2020 by L.L. No. 1-2020]
(12)
Funeral parlors.
(13)
Bowling alley, billiard hall or indoor skating rink, or similar forms of indoor commercial recreation.
(14)
Upon the approval of the Town Planning Board, a principal building may contain a combination of residential and business uses, provided that such residential uses are accessory to the business conducted and located elsewhere than on the street frontage of the ground floor.
(15)
Restaurants.
(16)
Financial services.
(17)
Offices of business, professional or financial organizations.
(18)
Essential services and public utilities substations, excluding power plants, maintenance buildings and storage yards.
(19)
Car wash establishments.
(20)
Rental of trucks, trailers, etc., associated with gasoline services stations or other uses.
(21)
Motel or hotel.
(23)
Antique shops.
C.
Permitted accessory uses and structures.
(1)
Any accessory use permitted in the Neighborhood Commercial District.
(2)
Private garages and storage buildings which are necessary to store any vehicles, equipment or materials on the premises and which are used in conjunction with a permitted business use.
(3)
Off-street parking, loading and unloading facilities, signs, fences and landscaping, subject to the provisions of this chapter.
D.
Dimensional requirements.
(1)
The dimensional requirements for this district are specified in Schedule I,[2] which is a part of this chapter.
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
(2)
Driveway spacing and corner clearance requirements are specified in Schedule I-A,[3] which is a part of this chapter.
[3]
Editor's Note: Said schedule is included as an attachment to this chapter.
E.
Special permitted uses. The following uses may be permitted, consistent with the provisions of Article VI, provided that a special use permit is approved by the Town Planning Board:
(1)
Motor vehicle service stations and motor vehicle repair stations.
(2)
Fast-food service restaurant.
(3)
Research, engineering, and light manufacturing, as follows:
(a)
Scientific or engineering research and/or experimental development of materials, methods or products;
(b)
Engineering design of products and laboratory research;
(d)
Light manufacturing, assembling, fabrication, coating, painting, washing or packaging of products produced from previously prepared materials such as textiles, plastics, paper, leather, metals or stones, glass, ceramics, base metal bar, sheet, and special shapes; and
(e)
Testing and repairing of the products or type of products which may be manufactured in the district.
(4)
Personal wireless communications facilities.
(5)
Public uses.
(6)
Temporary uses.
(7)
Commercial speech signs.
(8)
Large-scale solar energy systems.
[Added 12-19-2016 by L.L. No. 10-2016]
§ 220-24 RB-1 Restricted Business District.
A.
Purpose. The purpose of the RB-1 Restricted Business District is to establish and preserve areas for employment activity and service to the public of a restricted business character, which do not materially detract from nearby residential uses, are conducted entirely within an enclosed building, on a landscaped lot served by public sewer and water, and which uses do not generate large volumes of traffic such as the more intensive commercial uses associated with the CC Community Commercial District.
B.
Permitted principal uses.
(1)
Offices of business, professional or financial organizations, of individuals, civic, social, fraternal and other nonprofit organizations.
(2)
Laboratories and other research facilities where all activities and equipment are housed in a fully enclosed building, including ventilators, heating and cooling equipment that appear to be part of the building.
(3)
Medical and dental offices, including clinics.
(4)
Essential services, including exchanges and public utility offices, but not including power (substation) plants, maintenance buildings, storage yards, transformer stations, substations or gas regulator stations.
(5)
Commercial art galleries.
E.
Special permitted uses. The following uses may be permitted consistent with the provisions of Article VI, provided that a special use permit is approved by the Town Planning Board:
(1)
Additional commercial uses customarily related to a permitted principal use authorized by this section such as a pharmacy or apothecary shop, stores limited to corrective garments or bandages, optical company, beauty or barber shops, or a restaurant may be permitted, provided it is within the building housing the permitted principal uses to which it is accessory and does not have a direct outside entrance for customers.
(2)
Day-care centers and nursery schools.
(3)
Funeral homes and mortuaries.
(4)
Public uses.
(5)
Temporary uses.
§ 220-25 LI Limited Industrial District.
[Amended 4-8-2013 by L.L. No. 2-2013; 8-12-2013 by L.L. No. 8-2013]
A.
Purpose. The purpose of the LI Limited Industrial District is to permit, where appropriate, the construction of facilities for: research- and development-oriented industries; high technology and/or light manufacturing operations; certain retail outlets; and warehousing. Areas for this zoning shall be identified by the Town Board or upon application. Areas shall be zoned as Limited Industrial Districts in accordance with the normal rezoning procedures. In reaching its decision, the Town Board shall consider the general criteria set forth in this chapter, the adopted Comprehensive Plan for the Town, and this statement of purpose.
B.
Permitted principal uses.
(1)
Scientific or engineering research and/or experimental development of materials, methods or products.
(2)
Engineering design of products and laboratory research.
(4)
Light manufacturing, assembling, fabricating or packaging of products produced from previously prepared materials such as textiles, plastics, paper, leather, precious or semiprecious metals or stones, glass, ceramics, base metal bar, sheet, and special shapes.
(5)
Testing and repairing of the products or type of products which may be manufactured in the district.
(6)
Support services for the facilities and employees of the district, so long as the floor area occupied by the support services does not exceed 15% of the area occupied by the primary activities.
(7)
Offices associated with the permitted activities.
(8)
Administrative, educational and other related activities and facilities in conjunction with a principal permitted use.
(9)
Warehousing facilities.
(10)
Agricultural or farming activities, and agricultural processing facilities limited to the processing of crops and/or dairy products.
[Amended 9-22-2014 by L.L. No. 8-2014; 3-16-2020 by L.L. No. 1-2020]
(11)
Continuation and expansion of existing residential uses.
(12)
Existing commercial space may be utilized for any principal permitted use listed in any other commercial district except restaurants. Physical expansion of existing commercial space conducted as a primary use within this district shall be subject to § 220-107, Preexisting nonconformities.
(13)
Accessory structures of a nonpermanent nature (movable and temporary) may be utilized for the sale of seasonal agricultural products under the following conditions:
[Added 3-16-2020 by L.L. No. 1-2020]
(a)
The stand shall be outside the public right-of-way.
(b)
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.
C.
Dimensional requirements.
(1)
The dimensional requirements for this district are specified in Schedule I, which is a part of this chapter.[1]
[1]
Editor's Note: Schedule I is included at the end of this chapter.
(2)
Driveway spacing and corner clearance requirements are specified in Schedule I-A, which is a part of this chapter.[2]
[2]
Editor's Note: Schedule I-A is included at the end of this chapter.
D.
Special permitted uses. The following uses and their accessory uses shall be permitted upon issuance of a special permit by the Planning Board:
(1)
Office buildings for professional, executive, engineering and administrative purposes.
(2)
Commercial, storage buildings, including mini-warehouse facilities.
(3)
Wholesale operations of building materials and supplies and storage of these materials within an enclosed structure.
(4)
Essential services, including power (substations) plants, maintenance buildings and storage yards.
(5)
Produce markets.
(6)
Farm and craft markets.
(7)
Antique shops.
(8)
Private or commercial airstrips.
(9)
Personal wireless communications facilities.
(10)
Public uses.
(11)
Temporary uses.
(12)
Accessory commercial uses.
§ 220-26 I Industrial District.
A.
Purpose. The purpose of the I Industrial District is to provide for the establishment of industries, essential to the development and maintenance of a well-balanced industrial environment, on public water and/or sewer, in a manner which will not be detrimental to the adjacent development or to the general community health, safety or welfare.
B.
Permitted principal uses.
(1)
Uses permitted in the LI District.
(2)
Warehouses and storage facilities.
(3)
Manufacturing and assembly.
(4)
Lumberyards.
(5)
Motor vehicle service stations and motor vehicle repair stations.
(6)
Machine and sheet metal shops; press operations.
(7)
Building materials yards, excluding concrete plants.
(8)
Printing, publishing and bookbinding.
(9)
Construction company, contractor storage yard and heavy equipment storage/sales/service.
(10)
Public utilities substations and uses, including storage and repair, power plants and similar uses.
(11)
Bottling plants, dairies, carpet cleaning and other cleaning and dyeing plants, laundries, photocopying and blueprinting.
(12)
Automobile and or recreational vehicle sales and service.
(13)
Manufactured and or modular homes sales.
(14)
Upholstering, welding and monument works.
C.
Dimensional requirements.
(1)
The dimensional requirements for this district are specified in Schedule I,[1] which is a part of this chapter.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
(2)
Driveway spacing and corner clearance requirements are specified in Schedule I-A,[2] which is a part of this chapter.
[2]
Editor's Note: Schedule I-A is included at the end of this chapter.
D.
Special permitted uses. The following uses and their accessory uses shall be permitted upon issuance of a special permit by the Planning Board:
(1)
Special permitted uses in the LI District.
(2)
Junkyards, automobile wrecking and dismantling yards and similar uses.
(3)
Concrete plants and blacktop plants.
(4)
Truck and freight terminals.
(5)
Commercial outdoor storage of boats and boat accessories.
[Added 1-28-2013 by L.L. No. 1-2013]
(6)
Large-scale solar energy systems.
[Added 12-19-2016 by L.L. No. 10-2016]
§ 220-27 MH Manufactured (Mobile) Home District.
The Town's MH regulations are set forth in Chapter 134 of the Code of the Town of Canandaigua and are adopted herein by reference.
§ 220-28 PUD Planned Unit Development District.
A.
Legislative intent.
(1)
The intent of this planned unit development (PUD) provision is to encourage a greater degree of flexibility for development and to provide a variety of residential and nonresidential activities in a planned, controlled environment in a manner blending all land uses into a functionally and aesthetically complementary whole, within the framework of the Comprehensive Plan. A planned unit development proposal may contain both individual building sites and common property which are proposed for development as an integrated land use unit. A mix of light manufacturing/research development and commercial uses may also be included to provide employment opportunities and enhancements to the tax base. Retail and service uses may be included to provide for shopping needs.
(2)
These regulations are further intended to encourage a coordinated development review process that includes adequate input from all involved agencies to ensure that resulting PUDs represent practical plans for development that continue to meet the intent of the Town's adopted plans and this chapter.
B.
General requirements.
(1)
PUD zonings approved by the Town Board shall replace the use, dimensional and other Town Code requirements as specified in the individual rezoning determinations and shall become the basis for continuing land use controls within the specified PUD district.
(2)
Minimum area. The minimum area required to qualify for a Planned Unit Development District (PUD) shall be 100 contiguous acres, but where the applicant can demonstrate that the characteristics of the subject property will meet the objectives of this section, the Town Board may approve projects with less acreage.
(3)
Common open space.
(a)
Permanently protected open space shall be provided and shall not be less than 20% of the gross area of a proposed planned unit development.
(b)
The developer shall have as many dwelling units (all types) as is feasible abut or be near an open space area.
(c)
Such common open space may be retained in private ownership or received in dedication by the Town.
(d)
If the open space remains in private ownership, arrangements for the operation, maintenance, improvement and liability of such common property and facilities must be approved by the Town Board.
C.
Permissible uses.
(1)
This section sets forth the uses that the Town Board may approve for a planned unit development. Such uses include and shall be limited to the following:
(a)
Single-family detached dwellings.
(b)
Townhouses.
(c)
Apartment buildings.
(d)
Office uses.
(e)
Retail sales and service uses.
(f)
Light manufacturing/research and development.
(g)
Public uses.
(h)
Common, public or private open space, park or recreation areas, but which may not include any such uses detrimental to existing or prospective development of the neighborhood.
(i)
Accessory and temporary uses customarily incidental to any of the foregoing uses.
D.
Mix of uses, area density and design standards.
(1)
The mix, scale, density, and general design of permitted uses shall be determined by the Town Board.
E.
PUD application procedure.
(1)
Pursuant to the requirements of this section, applicants seeking PUD approval shall first secure rezoning from the Town Board based on a submitted plan for development to establish use and bulk density requirements.
(2)
The applicant shall first make presentation to the Town Board requesting that they consider the PUD zoning request. The request shall describe the area to be zoned as well as the subsequent proposed development. If the Town Board agrees to consider the request, the matter shall be referred to the Planning Board for a sketch plan review and recommendation.
(3)
Concept proposal discussion and recommendation.
(a)
Before submittal of a formal PUD zoning application for Town Board consideration, the developer shall meet with the Town Planning Board to discuss a concept sketch in compliance with Town Code § 220-66.
(b)
The Planning Board shall make a recommendation regarding said sketch plan to the Town Board no more than 30 calendar days after receipt of said proposal.
(c)
Upon recommendation by the Planning Board, the developer may proceed to prepare the planned unit development (PUD) zoning application for submission to the Town Board.
(4)
Contents of PUD zoning application. The application shall contain the following information:
(a)
Location and extent of all proposed land use, including open space, and area map showing parcel under consideration and all properties, subdivisions, streets, zoning classifications and easements within 500 feet of the parcel.
(b)
All interior streets, roads, easements and their planned public or private ownership, as well as all points of access and egress from existing public rights-of-way.
(c)
Specific definition of all uses, indicating the number of residential units and the density of each residential housing type, as well as the overall project density.
(d)
The overall water and sanitary sewer system with proposed points of attachment to existing systems; the proposed stormwater drainage system and its relation to existing systems.
(e)
Description of the manner in which any areas that are not to become publicly owned are to be maintained, including open space, streets, lighting and others, according to the proposals.
(f)
If the development is to be phased, a description and graphic representation of the phasing of the entire proposal in terms of length of time, type and number of units or activities completed per phase.
(g)
A description of any covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings or structures, including proposed easements for public utilities.
(h)
A written statement by the applicant setting forth the reasons why the proposal would be advantageous to and in the best interests of the entire Town of Canandaigua.
(i)
PUD applications shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act.[1]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(5)
The Town Board, upon receipt of the proposal, shall send one copy to the Town of Canandaigua Planning Board, the Environmental Conservation Board the Town Engineer and others as required for further review and recommendation.
(6)
Town Board decision and applicant acceptance.
(a)
The Town Board shall, as part of a resolution granting PUD approval, specify the drawings, specifications and performance guaranty that shall be required to accompany any subsequent application for site plan and/or subdivision approval.
(b)
Within 30 days of a Town Board approval, the applicant shall notify the Town Board of the acceptance of or refusal to accept all specified conditions.
(c)
If the developer refuses to accept the specified conditions, the Town Board shall be deemed to have denied PUD zoning approval. If the developer accepts, the proposal shall stand as granted.
(7)
Application for site plan and/or subdivision approval.
(a)
After approval of the PUD zoning by the Town Board, the applicant must secure site plan and/or subdivision approval as required by this chapter and Chapter 174, Subdivision of Land.
(b)
A Planning Board decision on the site plan may require revisions. Said revisions shall be limited to siting and dimensional details within general use areas and shall not significantly alter the PUD plan as it was approved by the Town Board.
(c)
Request for changes in PUD zoning plan. If, during site plan/subdivision review, it becomes apparent that certain elements of the PUD plan, as it has been approved by the Town Board, are unfeasible and in need of significant modification:
[1]
The applicant shall have an opportunity to present a proposed solution to the Planning Board as part of the site plan/subdivision.
[2]
The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the PUD zoning resolution.
[3]
If a negative decision is reached, the applicant may further modify the proposal or request a formal amendment of the PUD zoning from the Town Board.
[4]
If an affirmative decision is reached, the Planning Board shall notify the Town Board stating all of the particulars of the matter and its reasons for feeling the project should be continued as modified. Planning Board approval may then be given only with the consent of the Town Board.
(8)
Phasing. For PUDs to be developed in phases, individual phases shall have an integrity of use and function so that if the entire PUD would not be completed, those portions of the PUD already constructed will not present a threat to the public health, safety and welfare.
F.
Other regulations applicable to planned unit developments.
(1)
Regulation after initial construction and occupancy. For the purposes of regulating development and use of property after initial construction and occupancy, any changes other than use changes shall be processed as a special permit request to the Planning Board. Use changes shall be in the form of a request for Town Board approval. Properties lying in Planned Unit Development Districts are unique and shall be so considered by the Planning Board or Town Board when evaluating these requests, and maintenance of the intent and function of the planned unit shall be of primary importance.
§ 220-30 AUO Adult Use and Entertainment Establishment Overlay District.
A.
Purpose. It is the purpose of the AUO Adult Use and Entertainment Establishment Overlay District to establish supplemental regulations to the underlying I Industrial District that recognize the specified purpose and particular needs for the Town to regulate this use as has been established by Local Law Number 4 of 1995, and as may be amended from time to time.
B.
Establishment of overlay district. The Town of Canandaigua Official Zoning Map shall delineate the location of those site(s) for which the Town Board has approved the AUO Zoning District.
C.
Interpretation of AUO District boundaries. The Zoning Officer shall be responsible for interpreting the AUO District boundaries delineated on the Official Zoning Map or a site inspection. Anyone aggrieved by this interpretation may appeal to the Zoning Board of Appeals.
D.
AUO District requirements. Where the AUO District Zoning has been established, the requirements of the overlay district shall be met in addition to any requirements specified for site development as contained in either the respective zoning district, through site plan approval or a special use permit approved by the Planning Board.
E.
Rezoning procedure. Anyone desiring to establish an adult use or entertainment establishment shall apply to the Town Board for rezoning of any parcel of land first zoned I Industrial on the Official Zoning Map. The Town Board, should it decide to hear the application for rezoning, shall follow all procedures set forth elsewhere in Chapter 220 of the Town Code for rezoning.
F.
Rezoning criteria. The following criteria shall be met before the Town Board may entertain an application for rezoning of land within the Industrial District to the AUO Adult Use and Entertainment Establishment Overlay District:
(1)
The property lines of any adult use or entertainment establishment must be at least 500 feet from the boundary line of any adjacent municipality.
(2)
The property lines of any adult use or entertainment establishment must be at least 1,000 feet from the property line of any and all residences or residentially zoned land, schools, day-care facilities, churches (or other religious places of worship), parks, playgrounds or other areas where large numbers of minors may congregate, open space or trail or governmental facilities.
(3)
No adult use or entertainment establishment shall be allowed on the same parcel as another such establishment or other use.
(4)
Each adult use or entertainment establishment shall have direct access to a public street or highway.
(5)
Each adult use or entertainment establishment overlay zone shall be in effect only for the time limits established by the Planning Board for such use as a condition of any special permit that may be issued by said Planning Board. Upon the termination of such special permit, the Town Board shall take action within 30 days to amend the Official Zoning Map by eliminating the specified AUO District delineation.
G.
Application for AUO rezoning. Applications to be considered by the Town Board shall be made in writing to the Zoning Officer (ZO) on forms provided by the Town. Such application shall be made by the property owner or his/her agent and shall be accompanied by any materials or information deemed appropriate by the ZO, including but not limited to a scaled site plan prepared by and certified by a licensed engineer or land surveyor, that contains the following minimum information:
(1)
A parcel location map and boundary line survey of the property.
(2)
The portion of the parcel proposed to be developed for the adult use entertainment establishment.
(4)
The location of all existing or proposed buildings, site access, off-street parking, signage, site lighting, landscaping, drainage and other features as may be required for the applicant to obtain site plan approval from the Planning Board.
(5)
A completed environmental assessment form.
H.
AUO rezoning conditions. All AUO zoning, prior to being placed on the Official Zoning Map, shall be conditioned upon the applicant obtaining from the Planning Board a special use permit based on the criteria specified in § 220-55 of the Town Code, and site plan approval as further specified in § 220-63 of the Town Code.
I.
AUO permitted uses.
(1)
Adult theaters and adult motion-picture theaters are prohibited.
(2)
All other adult use and entertainment establishments as defined herein may be created, opened, commenced or operated within only the I Industrial District upon the Town Board rezoning and mapping of said site to the AUO District Overlay and subject further to the requirements set forth in Chapter 220 of the Town Code.
§ 220-31 Incentive Zoning District.
[Amended 11-21-2022 by L.L. No. 9-2022; 3-25-2024 by L.L. No. 4-2024]
A.
Intent. The Town Board finds that in addition to existing powers and authorities to regulate by planning and zoning, including authorization to provide for the granting of incentives or bonuses pursuant to other enabling law, the Town Board is hereby empowered, as part of Chapter 220 of the Town Code, to provide for a system of zoning incentives, or bonuses, as the Town Board deems necessary and appropriate consistent with the purposes and conditions set forth in this section.
B.
Purpose. The purpose of these regulations of incentive, or bonus, zoning shall be to advance the Town's specific physical, cultural and social policies in accordance with the Town's Comprehensive Plan and in coordination with other community planning mechanisms or land use techniques. The system of zoning incentives or bonuses shall be in accordance with the meaning of § 261-b of Article 16 of the New York Town Law, as may be amended from time to time.
C.
Authority. This authority may be used by the Town Board to assist in implementing the following planning objectives:
(1)
To protect highly valued ecological resources, geological features and environmentally sensitive areas.
(2)
To protect active farmland operations.
(3)
To preserve greenways and important open spaces, and provide access to trail corridors.
(4)
To preserve historic and/or archaeological resources.
(5)
To protect high-quality scenic resources.
(6)
To secure important public works improvements which would not otherwise be provided to planned development areas of the community and which are in excess of that necessitated by immediate project demand.
(7)
To provide a more desirable environment than what would be possible throughout the strict application of existing zoning regulations.
D.
Districts designated for incentives. The Town Board shall have the authority to designate incentives in all zoning districts of the Town of Canandaigua.
F.
Community benefits or amenities. The following community benefits or amenities may, at the discretion of the Town Board, be accepted in exchange for an incentive identified in Subsection E above. These community benefits may be either on or off the site of the subject application, may involve one or more parcels of land and may be situated in any district, unless otherwise specifically limited in this section and will be in addition to any mandated requirements pursuant to other provisions of the Town of Canandaigua Code and any other applicable law or regulation.
(1)
Agricultural conservation, open space, scenic, ecological, historic or other permanent conservation easements.
(2)
Donation of land in fee simple for either conservation or community benefit purposes.
(3)
Construction of recreation amenities, serving a Town-wide need, accessible to the general public, above and beyond that required elsewhere in the Town Code.
(4)
Construction or improvement to public work facilities which are above and beyond that required to mitigate proposed impacts in accordance with the Town Code and the State Environmental Quality Review (SEQR) regulations.
(5)
Preservation and improvement of historical or cultural sites or structures.
(6)
Provision of shared driveways, cross-access easements or access and service streets, internal circulation systems or interconnected parking.
(7)
Other facilities or benefits to the residents of the community, as determined by the Town Board.
(8)
Any other combination of the above-listed community benefits or amenities.
G.
Criteria for approval. Applications for incentives in exchange for amenities shall be submitted in writing to the Town Board. In order to preliminarily evaluate the adequacy of amenities to be accepted in exchange for the requested incentive, the following information shall be provided by the applicant:
(1)
A sketch plan of the proposed amenity.
(2)
The value of the proposed amenity.
(3)
Narrative.
(a)
A narrative which:
[1]
Describes the benefits to be provided to the community by the proposed amenity.
[2]
Provides preliminary indication that there are adequate sanitary sewers, water, transportation, waste disposal and fire protection facilities within the existing zoning district which the proposal is located in order to accommodate additional demands, if any.
[3]
Explains how the proposed amenity promotes implementation of physical, environmental or cultural policies articulated in proposed plans.
[4]
Describes the requested incentive and its value.
[5]
Describes the manner in which any common areas are to be owned and maintained, including open space, streets, lighting and other considerations relevant to the proposal.
[6]
Describes any covenants, grants of easement or other restrictions proposed to be imposed upon the use of the land, buildings or structures, including proposed easements for public utilities.
(b)
The Town Board, in its discretion, may waive any or all of the above listed submission requirements.
H.
Initial review and consideration. All applications for incentive zoning shall commence with a written proposal to the Town Board which sets forth the criteria listed in Subsection G above. The Town Board shall review the proposal and inform the applicant whether or not the proposal is worthy of further consideration.
(1)
Sketch plan requirements.
(a)
The sketch plan shall show how the site will be developed, with the amenity, if it is on-site, and the incentive being requested. In addition to meeting the requirements of the applicable sections of the Town Code, the plan shall also meet the requirements of Article VII, Site Plan Regulations, §§ 220-64 through 220-72, and/or Chapter 174, Subdivision of Land, and show existing development, property owners' names and tax account numbers for all property within 200 feet of the property lines of the proposed project or such other distance as may be specified by the Town Board.
(b)
If the incentive will result in a structural height increase, the applicant shall submit an elevation drawing, at a scale of 1/4 inch equals one foot, which shows the height permitted by district regulations, the proposed additional height, the distance to other principal structures on site and on adjacent properties and their heights, as well as property line locations.
(c)
If the incentive will result in a setback or open space reduction, the drawing shall show this reduction in relation to the principal structure on site and on adjacent properties, as well as property lines.
(d)
The Town Board, in its discretion, may waive any or all of the above-listed sketch plan requirements. Notwithstanding any such waiver granted by the Town Board relative to the sketch plan required for the incentive zoning application, all site plan requirements shall remain in full force and effect relative to any required Planning Board approvals.
(2)
The applicant shall also submit such additional information and plans as may be required by the Town Board, which, in its judgment, are necessary in order to perform a thorough evaluation of the proposal.
I.
Planning Board review. The Planning Board will review the proposal and report to the Town Board with its evaluation of the adequacy with which the amenity(ies)/incentive(s) fit the site and how they relate to adjacent uses and structures. The Planning Board's review shall be limited to the impact of the proposed incentive zoning on the planning design and layout of the project unless otherwise requested by the Town Board. The Planning Board's report shall be submitted to the Town Board within 45 days from the date of the Planning Board meeting at which the proposal is first placed on the agenda. This time period may be extended by the Town Board.
J.
Town Board decision after public hearing. The Town Board, upon its receipt of the Planning Board's report, will review the document and then notify the applicant as to whether or not it is willing to further consider the proposal and hold a public hearing thereon. If the Town Board decides to further consider the proposal, it shall hold a public hearing thereon. For Town Board public hearings on incentive zoning requests, the Town Clerk shall give notice of the hearing in the official newspaper of the Town at least five days' prior to the date of the hearing.
K.
SEQR compliance and verification. All applicable requirements of the State Environmental Quality Review (SEQR) regulations shall be complied with as part of the review and hearing process. The assessment shall include verification that the zoning district in which the proposal is to be located has adequate sewer, water, transportation, waste disposal and fire protection facilities to serve the on-site amenity and incentive.
L.
Costs. Any applicant for incentives or bonuses shall pay the cost of preparing any environmental impact statement required by the Town Board, this chapter, Town Law § 261-b, as amended, or 6 NYCRR Part 617, as amended, and such charge shall be added to any site-specific charge made pursuant to the provisions of § 8-0109 of the Environmental Conservation Law.
M.
Coordination with other governmental agencies. The Town Board shall, before taking action, refer, where appropriate, the application to the Ontario County Planning Board for review and recommendation under the provisions of §§ 239-1 and 239-m of the New York State General Municipal Law. Where said rezoning application affects property located within 500 feet of a municipal boundary, the Town Clerk shall provide notice of said action to the Clerk of the adjacent municipality. Following the hearings and in addition to compliance with all SEQR requirements, the Town Board shall, before taking action, refer the proposal for review and comment to other governmental agencies as may be required and may refer the proposal to the Planning Board and other Town Boards and officials for review and comment. In order to approve an amenity/incentive proposal, the Town Board shall determine that the proposed amenity provides sufficient public benefit to provide the requested incentive. The Town Board shall, as part of their conditional approval, specify the amenity being provided, along with a detailed description of the incentive(s) being provided. Thereafter, the Town Board is authorized to act on an application for preliminary approval as provided for elsewhere in this section. In no circumstances may the Town Board be compelled to approve any incentive zoning proposal, such act being an absolutely discretionary legislative act. The Town Board may also impose such conditions upon its approval as it may deem appropriate to promote the health, safety and welfare of the community. Following approval of the incentive zoning by the Town Board and subject to meeting all conditions imposed on the preliminary plan, including all documentation required by the Town Attorney, Town Highway and Water Superintendent, Town Water and Sewer Superintendent, Town Code Enforcement Officer, Town Zoning Officer, Town Planner and the Fire Chief of either the City of Canandaigua Fire Department or the Fire Chief of the Cheshire Volunteer Fire Department on the amenity, the applicant may submit a site plan for review and approval by the Planning Board subject to all other requirements of the Town Code.
N.
Notation on official zoning map. Upon final plan approval, the Town Clerk shall affix a reference to the Official Zoning Map that the development of this site was approved under the Town's incentive zoning provisions and include a reference to the date such action was taken.
O.
Cash payment in lieu of amenity. If the Town Board finds that a community benefit is not suitable on site or cannot be reasonably provided, the Town Board may require a cash payment in lieu of the provisions of the amenity. These funds shall be placed in a fund or capital project at the discretion of the Town Board to be used by the Town Board exclusively for amenities specified prior to acceptance of funds. Cash payments shall be made prior to the issuance of a building permit. Cash payments in lieu of amenities are not to be used to pay general and ordinary Town expenses. Cash payments may be directed to existing reserve funds, capital projects, other funds; or funds or projects to be created by the Town Board.
§ 220-32 Form-Based Code Zoning District.
[Added 9-20-2021 by L.L. No. 9-2021]
B.
All regulations and the identification of properties subject to the Form-Based Code Zoning District have been identified in the adopted plan "Uptown Canandaigua Form Based Code" dated August 25, 2021 and adopted by the Town Board September 20, 2021.[1]
[1]
Editor's Note: Said plan is on file in the Town offices.
C.
If any part or provision of this section or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of the Local Law or the application thereof to other persons or circumstances, and the Town of Canandaigua Town Board hereby declares that it would have passed this section or the remainder thereof had such invalid application or invalid provision been apparent.
D.
All ordinances, local laws and parts thereof inconsistent with this section are hereby repealed.
§ 220-33 Mixed Use Overlay Districts.
[Amended 3-16-2015 by L.L. No. 2-2015]
A.
Purpose. It is the purpose of the MUO Mixed Use Overlay District to provide supplemental regulations to the underlying zoning districts that are located within the three growth nodes identified in the adopted Town of Canandaigua Comprehensive Plan. The MUO Mixed Use Overlay District process enables a narrowly defined mix of land use to occur on sites located within one of the three growth nodes once the land has been rezoned and final site plan approval has been obtained. These three growth nodes are identified on the Official Zoning Map and shall be known as the MUO Mixed Use Overlay District.
B.
Intent. It is the intent of the MUO Mixed Use Overlay District to enable a mix of land use to occur within the three growth areas once final site plan approval has been obtained from the Town Planning Board. Final site plan approval within these three growth node areas shall be subject to the following design standards:
(1)
A site plan that will continue to attract appropriate development in order to expand upon the economic and fiscal base of the Town in a manner that maintains the unique character of the respective growth node and contributes to maintaining a high quality of life within the community;
(2)
A site plan that encourages architectural and site design that is compatible with the site's surroundings;
(3)
A site plan that encourages buildings that provide an appropriate transition between adjacent sites within the growth nodes;
(4)
A site plan that encourages buildings that are protective of open space resources important to the Town;
(5)
A site plan that establishes a clear and consistent character for new structures with existing structures and sites;
(6)
A site plan that reduces delays and avoids confusion that developers, landowners, or business operators may encounter during the construction phase of the proposed project; and
(7)
A site plan that the Planning Board finds will minimize land use conflicts between adjacent sites and within the growth node area to the greatest extent practicable.
C.
Establishment of the Mixed Use Overlay (MUO) District.
(1)
The Mixed Use Overlay (MUO) District growth areas referenced above herein shall be delineated on the Town's Official Zoning Map. This delineation shall serve only to establish the eligibility of a parcel of land located therein for consideration of a mixed use designation as MUO.
(2)
Process. An owner of a parcel of land located within a growth node delineated on the Official Zoning Map of the Town of Canandaigua as a Mixed Use Overlay District shall submit a rezoning petition to the Town Board requesting the adoption of a local law to rezone the parcel of land to a Mixed Use District consistent with the growth node. If the Town Board decides to consider the petition, then the Town Board may refer the petition to the Planning Board for an advisory report which report shall be returned by the Planning Board to the Town Board within 60 days. If the Town Board decides to further consider the rezoning petition, then the Town Board may direct the owner to prepare and submit an application for Preliminary Site Plan approval to the Planning Board. The owner shall then have 180 days, which period may be extended from time to time by the Town Board, to obtain preliminary site plan approval from the Planning Board conditioned upon the proposed rezoning to a Mixed Use District. The Town Board, after receipt of the preliminary site plan approval, if required, may then consider the rezoning petition for final determination.
D.
Interpretation of Mixed Use Overlay (MUO) District boundaries. The Town Board shall be responsible for interpreting the MUO District boundaries delineated on the Official Town Zoning Map. Prior to making such an interpretation, the Town Board shall receive a recommendation from the Town Zoning Officer as to whether the proposed development lies within the boundaries of the MUO District boundaries. Anyone aggrieved by this interpretation may appeal to the Town Zoning Board of Appeals.
E.
Mixed Use Overlay (MUO) District requirements.
(1)
Dimensional requirements. The dimensional requirements of the respective underlying zoning district shall be met as a condition of final site plan approval except when a mixed use involves a use allowed or specially permitted in one of the other underlying zoning districts located within a mapped MUO District. In this instance, the dimensional requirements shall be those for the more intense district.
(2)
Single use permitted. Within the Mixed Use Overlay District, only one use shall be permitted per parcel of land.
(3)
Additional mixed use permitted. Where a parcel of zoned MUO District land exceeds the minimum dimensional requirements for a particular use, additional mixed uses may be permitted on the remaining portion of land only when additional lots have been created, the new lots rezoned to the MUO District and final site plan approval granted. There shall be no piecemeal or segmented development allowed within the MUO District.
(4)
Open space. Each MUO District site shall maintain a minimum of 40% open space. Open space as defined herein does not include constrained lands (e.g., floodplains, freshwater wetlands, slopes of 15% or greater, ridgelines, shorelines, or a maximum of five acres of woodland per site). Open space also does not include driveways, parking spaces, aisles, dumpster enclosures, drainage facilities, or an area to be used for outdoor storage of materials or equipment.
F.
Mixed Use Overlay District regulations.
(1)
Permitted uses. The following mix of land use is permitted on a legal lot located within the MUO District:
(a)
One single-family dwelling.
(b)
Multiple-family dwellings, including apartment complexes, where public sewer and water service exist.
(c)
Permitted and special permitted Community Commercial, Neighborhood Commercial, Industrial and Limited Industrial District uses.
(d)
Outdoor recreational facilities and amusement businesses.
(e)
General or specialized farming operations, buildings and structures.
(f)
The office of a physician, veterinarian, dentist, musician, teacher, lawyer or a member of some other recognized profession, or the studio of an artist, or the office of a resident agent such as real estate or insurance agent.
(g)
Mini-warehouse storage facilities.
(2)
Dimensional requirements.
(a)
Functional stories. The maximum height of a mixed use structure shall not exceed 35 feet above existing grade.
(b)
Maximum building height. The maximum height for commercial and industrial types of land use is limited to 60 feet above existing grade.
(c)
Maximum gross square footage. The maximum gross square footage per building is 40,000 square feet.
(d)
Maximum building footprint. The maximum square footage for a building footprint shall be 20,000 square feet.
G.
Higher standards to prevail; improvements required.
(1)
The provisions of this chapter shall supersede local laws, ordinances, codes or regulations to the extent such laws, ordinances, codes or regulations are inconsistent with the provisions of this section, provided that nothing herein contained shall be construed to prevent the adoption and enforcement of a law, ordinance or regulation which is more restrictive or establishes a higher standard than those provided in this chapter and such more restrictive requirement or higher standard shall govern during the period in which it is in effect.
(2)
In a case where a provision of this section is found to be in conflict with a provision of a zoning, building, electrical, plumbing, fire safety, health, water supply or sewage disposal law or ordinance, or regulation adopted pursuant thereto, or other local law, ordinance, code or regulation, the provision or higher standard shall prevail.
§ 220-33.1 Scenic Viewshed Overlay District.
[Added 11-15-2021 by L.L. No. 12-2021; amended 11-21-2022 by L.L. No. 10-2022; 2-12-2024 by L.L. No. 2-2024]
A.
Purpose. It is the purpose of the Scenic Viewshed Overlay District (SVO District) to provide supplemental regulations to the underlaying zoning district(s) that are located within the mapped SVO District to support the protection of the Town of Canandaigua's natural resources. The SVO District is an area mapped south of NYS Route 5&20 and identified as "Land Visible from Canandaigua Lake" June 2018 from mapping completed as part of the Town of Canandaigua's Comprehensive Plan and found in the adopted Town of Canandaigua Open Space, Conservation, and Scenic Views Master Plan (2018).
B.
Intent. It is the intent of the SVO District to grant authorization to the Planning Board of the Town of Canandaigua to enable development or subdivision in a manner which shall protect the natural resources as identified in the Town of Canandaigua's Comprehensive Plan; Open Space, Conservation, and Scenic Views Master Plan; and Natural Resource Inventory by promoting new single-family development on minimum one-acre lots in the SVO District and thereby limit the potential harmful impact(s) to the identified natural resources and Canandaigua Lake.
C.
Applicability. The SVO District is overlaid onto the underlying zoning districts. All provisions of the underlay districts shall be applied except where provisions of the SVO District differ, in such cases the more restrictive provision shall apply.
D.
Site development standards. To the extent possible, any subdivision of land in the SVO District shall not create a new lot unless all parcels are at least one acre in size, or the Planning Board finds a lessening of the degree of nonconformity for the combination of preexisting nonconforming lots. To the extent possible, the Planning Board of the Town of Canandaigua shall be authorized to grant subdivision and development of land in the SVO District provided the following standards have been met:
(1)
Density and minimum lot size. The minimum lot size in the SVO District shall not be less than one acre or the minimum lot size of the underlying zoning district, whichever is greater. In the SVO District the use of conservation subdivisions (§ 174-16) shall not result in a lot size smaller than one acre, and the land area identified as part of the SVO District shall be identified as a priority conservation asset, Class 2.
(3)
Development shall be located in a manner that maintains the existing landscape features to the greatest extent feasible by locating buildings to complement natural topography. Consideration should be given to blend the proposed development with the existing natural resources. The Planning Board shall consider and may require those elements identified in the Town of Canandaigua Ridgeline Development Guidelines or Shoreline Development Guidelines as part of the site development authorization.
E.
Higher standards to prevail; improvements required.
(1)
The provisions of this section shall supersede local laws, ordinances, codes or regulations to the extent such laws, ordinances, codes or regulations are inconsistent with the provisions of this section, provided that nothing herein contained shall be construed to prevent the adoption and enforcement of a law, ordinance or regulation which is more restrictive or establishes a higher standard than those provided in this section and such more restrictive requirement or higher standard shall govern during the period in which it is in effect.
(2)
In a case where a provision of this section is found to be in conflict with a provision of a zoning, building, electrical, plumbing, firesafety, health, water supply or sewage disposal law or ordinance, or regulation adopted pursuant thereto, or other local law, ordinance, code or regulation, the provision or higher standard shall prevail.
§ 220-33.2 Agricultural Protection Overlay District.
[Added 8-15-2022 by L.L. No. 6-2022; amended 2-12-2024 by L.L. No. 1-2024]
A.
Intent. It is the intent of this section to encourage a viable farming economy and community and to promote agriculture in the Town of Canandaigua by creating an Agriculture Protection Overlay District for parcels seven acres or more in the area identified as the Town of Canandaigua Agricultural Protection Overlay District as described in Subsection B. Farms provide jobs and support the local economy, fresh foods and rural character and scenic landscape while requiring fewer community services. Furthermore, farms maintain wildlife habitat and other natural resources. This section seeks to sustain these important contributions provided by local farms to residents of the Town of Canandaigua by creating a protection area that includes a large area of prime farmland soil classification.
B.
Agricultural protection overlay district. The Agricultural Protection Overlay District shall be defined to include only those parcels of seven acres or greater in the Town of Canandaigua's Strategic Farmland Protection Area as mapped in the Town of Canandaigua Agricultural Enhancement Plan (adopted by the Town Board December 2016) labeled Map 7: Strategic Farmland Protection Area, prepared November 10, 2016, and include only those parcels seven acres or greater in the Town of Canandaigua identified as south of County Road 30 and north of Rossier Road and west of NYS Route 21 and east of the Town of Canandaigua municipal boundary.
C.
Purpose; effect on inconsistent provisions. This section is enacted pursuant to the authority and power granted by Municipal Home Rule of the State of New York, Chapter 62 of Consolidated Laws, Article 16, in conformance with the Town's Comprehensive Plan and Agricultural Enhancement Strategy, to promote the public health, safety, comfort, convenience, economy, natural, agricultural, and cultural resources, aesthetics and the general welfare relating to agriculture uses in the Agricultural Protection Overlay District. Additionally, the purpose of this section of code is to encourage agriculture to continue and prosper and coordinate the Town of Canandaigua Comprehensive (Master) Plan, Agriculture and Open Space Preservation Study, Open Space and Recreation Needs Assessment Report, Agricultural Enhancement Strategy and other applicable Town, county, state, federal and regional plans and programs by specifically requiring the Town Board of the Town of Canandaigua to either approve or disapprove any new infrastructure improvements in the Agricultural Protection Overlay District prior to approval of new major subdivisions by the Planning Board.
D.
D. Right to engage in agricultural practices.
(1)
Any owner or possessor of real property covered by this chapter, as well as those employed, retained or otherwise authorized to act on behalf of such individual, may lawfully engage in agricultural practices within the Town of Canandaigua at any and all such times and in all locations as are reasonably necessary to conduct agriculture.
(2)
There shall exist a presumption that no agricultural use that conforms to all relevant federal, state or local statutes, rules and regulations or ordinances and which does not pose a direct threat to public health and safety shall constitute a public nuisance, nor shall any such use be deemed to otherwise invade or interfere with the use and enjoyment of any other land or property.
E.
New infrastructure improvements.
(1)
Any decision to expand public water or sewer lines shall consider limiting, minimizing, or mitigation of the expansion of water or sewer services to avoid those areas in the Agriculture Protection Overlay District.
(2)
Any expansion of publicly owned water or sewer lines in the Agriculture Protection Overlay District must be approved by the Town Board of the Town of Canandaigua prior to the Planning Board granting major subdivision approval.