The Town of Canandaigua Planning Board is hereby empowered to grant special use permit approval in accordance with the provisions of Article 16 of the New York State Town Law and the powers reserved to the Town pursuant to the Municipal Home Rule Law.

Unless as specified herein, the procedure for initial review as well as renewal of special use permits by the Planning Board shall follow procedures described in New York State Town Law, Article 16, § 274-b.

The Town Planning Board shall require that all provisions of this article shall be complied with, but where it is deemed appropriate by the Town Planning Board, any of these provisions contained in §§ 220-34 through 220-62.2, inclusive, may be waived by the Planning Board based upon findings as set forth in the public record on said application.[1]

Submission requirement. All applications for special use permits shall include:

Special use permits may be approved by the Town Planning Board only after it has found that the following standards have been met:

Additional requirements applicable to specific specially permitted uses are described elsewhere in this chapter.

No person shall be issued a special use permit for a property on which there is an existing violation of this chapter.

When site plan and/or other governmental approvals are required, no site preparation or construction shall commence nor shall existing structures be removed or occupied for any special permit use until such approvals have been granted.

The Town Planning Board may impose additional conditions or restrictions as it may deem necessary prior to approving any special use permit application in order to protect public health and safety, the quality of the Town's natural resource base and the value of property.

Expiration and renewal.

The Zoning Officer shall make an on-site visit at least once every three years to each lot for which a special use permit has been granted, or as may be necessary to insure that the special use permit is being operated in accordance with the conditions specified by the Planning Board. If the Zoning Officer determines that a violation of the conditions imposed by the Town Planning Board exists, a letter of violation shall be written to the property owner giving 30 days to correct the violation. The special use permit shall become null and void at the end of said specified period if the violation has not been corrected. In the event a special use permit is determined to be null and void, a new special use permit shall be required to be approved by the Planning Board prior to the reestablishment of said use.

When required, applications for renewal shall demonstrate that the specially permitted use continues to be in compliance with conditions of the previous special use permit approval and this chapter. The procedure and standards for the renewal of special use permits shall be the same as for an initial application. The renewal fee shall be the amount specified in the Town Board Fee Schedule.

Essential services as defined in Chapter 1, Article II, of the Town Code herein may be allowed as a special permit use in any zone district upon the approval by the Town Planning Board.

The Town Planning Board shall determine the following prior to approving a special use permit for essential services:

In addition to the information required in the special permit application and enumerated herein, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, number and location of fuel pumps to be installed; and proof that fuel tanks will be registered and operated in accordance with applicable state and/or federal laws.

Such uses shall be screened from adjacent uses by a buffer area not less than 10 feet in depth composed of densely planted evergreen shrubbery, solid fencing, or a combination of both which, in the opinion of the Town Planning Board, will be adequate to prevent the transmission of headlight glare across the district boundary line. The Town Planning Board shall determine on an individual-case basis how close to the right-of-way the landscaped buffer shall be required to be installed. Such buffer screen shall have a minimum height of six feet above the ground. If said shrubbery becomes decayed and fails to provide an adequate screen, the Zoning Officer shall direct the property owner to replace said shrubs.

The entire area of the site traveled by motor vehicles shall be hard surfaced.

All repairs of motor vehicles, except for minor servicing, shall be performed in a fully enclosed building. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.

Motor vehicle service stations may include facilities for the sale of food, household items and convenience merchandise, provided that the sale of such items takes place entirely within an enclosed building.

No commercial parking shall be allowed on the premises of a motor vehicle service station or motor vehicle repair station, except for a vehicle associated with the service station's operation.

Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.

No building or structure, including gasoline pump or automotive service appliances, shall be erected within 100 feet of any street line.

No motor vehicle service station or motor vehicle repair station may display more than two unregistered vehicles for sale or repair outside of an enclosed building at any one time.

No motor vehicle service station or motor vehicle repair station shall have more than two driveways on any public street fronting the site. The driveway width on any street shall not exceed 1/3 of the total site frontage on each street.

No driveway shall be closer than 50 feet to the intersection of two street corner lot lines or within 20 feet of an adjacent lot line.

No motor vehicle service station and no driveway to any such use (measured along the street line on the side of the street which such driveway would cross) shall be established within 200 feet of the boundary line of any residential district, or of any school, church, park, playground, hospital, public library, institution for dependent children, or any place of public assembly designed for the simultaneous use of 100 persons or more, regardless of the district where the subject premises are located.[1]

General land use conditions. The following conditions are imposed for the purpose of protecting the health and safety of the Town's residents and preventing a nuisance to persons residing in the vicinity of the excavation operation, and to that end, they pertain to issues such as the location of the excavation operation, lot size and access.

Operations plan conditions. The following conditions are imposed for the purpose of protecting the health and safety of the Town's residents and preventing a nuisance to persons residing in the vicinity of the excavation operation. In determining whether an applicant has met these conditions, the Town will review the applicant's New York State Department of Environmental Conservation (DEC) permit, when applicable. To the extent that the applicant's DEC permit addresses the conditions set forth below, the DEC permit conditions shall govern. To the extent that the applicant's DEC permit does not address the conditions set forth below, the conditions set forth below shall govern, and the Town reserves its rights to impose reasonable conditions consistent with land use planning principles.

Reclamation conditions. The following conditions are imposed to protect the health and welfare of the Town's residents by assuring the safe and productive use of mined lands and protection of aesthetic values of areas affected by mining through local mined land reclamation standards.

The Town Planning Board shall determine that not more than 25% of any site proposed for use as a private airstrip, that lies within an established State Agricultural District or contains prime agricultural soils as defined by the Ontario County Soil Conservation Service, will be taken out of production.

An application for the establishment, construction, enlargement or alteration of an airstrip shall include, in addition to requirements for special use permits outlined in § 220-35, the following statements and information:

Permits issued for the operation of an airstrip located in the AR-1, AR-2, RR-3, I, and LI Districts shall be valid for a period of three years. Said permit may be extended by action of the Planning Board for successive periods of three years each if the operation conforms to the initial proposal and the conditions on which the initial special use permit was issued are unchanged.

The Town Planning Board, in considering a request for a special use permit or the extension of a permit to operate an airstrip, may impose any conditions it deems necessary to protect the health, safety and public welfare of the Town.

The Town Planning Board shall determine that not more than 25% of any site proposed for use as a camping ground, that lies within an established State Agricultural District and contains prime agricultural soils as defined by the Ontario County Soil Conservation Service, will be taken out of production.

Camping grounds may be occupied by travel trailers, pickup coaches, motor homes, camping trailers and recreational vehicles, and tents suitable for temporary habitation and used for travel, vacation and recreation purposes. No permanent external appurtenances such as carports, cabanas or patios may be attached to any travel trailer or other vehicular accommodation parked in a camping ground, and the removal of wheels and placement of a unit on a foundation in a camping ground is prohibited. No travel trailer or recreation vehicle in excess of 38 feet in length shall be permitted in any camping ground.

The only dwelling units permitted in camping grounds are the owner's or caretaker's dwelling. There shall be no other dwelling units provided of any type. No manufactured home shall be placed at any point within the camping ground property. The only other buildings allowed in the camping ground are recreational buildings, service or office buildings for the camping grounds and accessory structures for uses specified in Subsection N.

Camping grounds shall not be in operation for more than seven months in any twelve-month period. The seven-month time period shall commence on May 1 and end November 30 each year. No trailer or other vehicles shall remain at any campsite or camping grounds when said camp is not in operation.

The conversion of any campsite building or dwelling to a year-round dwelling unit or any other use shall be allowed only by a special use permit issued by the Town Planning Board.

Minimum site area: 25 acres.

Minimum lot sizes: 25 feet by 80 feet for areas to accommodate travel trailers and campers; and 25 feet by 50 feet for areas to be occupied exclusively with tents.

Not more than a total of 10 travel trailers, campers, tents, recreational vehicles or motor homes shall be permitted per acre of gross site area.

Location and access. A camping ground shall be so located that no entrance or exit from a site shall discharge traffic into an R-1-20 Residential District nor require movement of traffic from the camping ground through an R-1-20 Residential District.

A camping ground shall have a minimum of 200 feet of frontage on a public street.

Prior to receiving a special use permit for the establishment of a camping ground or the expansion of an existing camping ground, the owner shall submit a detailed site plan to the Planning Board for review and approval. Said site plan shall conform to the requirements and specifications set forth herein in Article VIII and shall show the placement of all existing and proposed features, including but not limited to campsites, cabins, parking and recreational areas, accessory structures, streets and driveways, pedestrian walkways, rubbish collection facilities as well as other uses and features specified by the Planning Board.

No cabin, A-frame or similar structure shall be constructed or erected on the site without a building permit. The construction of all buildings for human occupancy shall be designed and built to meet the standards of the New York State Uniform Fire Prevention and Building Code.[1] The issuance of a building permit by the Code Enforcement Officer shall precede that start of any construction. No structure shall be occupied for camping or any other purpose without a certificate of occupancy issued by the Code Enforcement Officer. The Code Enforcement Officer shall not issue a certificate of occupancy for any structure without written approval of the New York State Health Department that the sewage disposal system serving the building has been installed in accord with appropriate standards and it is functioning properly.

Site conditions. Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. Natural vegetation shall be retained wherever possible. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion of the camping grounds subject to flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.

Accessory uses. Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundries and other uses and structures customarily incidental to the operation of camping grounds are permitted as accessory uses to the camping grounds. In addition, retail stores and other convenience establishments shall be permitted as accessory uses in camping grounds in such districts where such uses are not allowed as principal uses, subject to the following restrictions:

Plans for sewage disposal and water supply shall be designed in accordance with standards promulgated by the New York State Departments of Health and Environmental Conservation and Chapter 202 of the Town Code and shall receive approval from all involved agencies.

Streets.

Recreation facilities. A minimum of 10% of the gross site area for the camping ground shall be set aside and developed as common use areas for open or enclosed recreation facilities. No travel trailer site, required buffer strip, street right-of-way, storage area or utility site shall be counted as meeting recreational purposes.

Entrances and exits to camping grounds shall be designed for safe and convenient movement of traffic into and out of the camping ground and to minimize friction with movement of traffic on adjacent streets. All traffic into or out of the camping ground shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended. Road curbs shall have a minimum radius of 50 feet and shall be designed for drive-through campsite parking.

Off-street parking and loading. In connection with use of any camping ground, no parking, loading or maneuvering incidental to parking or loading shall be permitted on any public street, sidewalk, or required buffer or right-of-way, or any public grounds, or on any private grounds not part of the camping ground, unless the owner has given written permission for such use. Each camping ground shall provide off-street parking, loading and maneuvering space, located and scaled so that the prohibitions above may be observed, and camping ground owners shall be responsible for violations of these requirements.

An adequate lighting system shall be provided for the camping ground. Pedestrian walkways shall be provided to lead to all parking areas, rest rooms or other service buildings.

All utilities shall be underground.

Not less than one covered twenty-gallon garbage receptacle shall be provided for each campsite. No campsite shall be situated farther than 100 feet from a garbage receptacle. Garbage and rubbish shall be collected and disposed of as often as may be necessary to insure sanitary conditions.

All applicable sanitation standards promulgated by the State of New York shall be met.

No camp structure, except fences, gates and permitted signs shall be located within 100 feet of any street or property line.

Campsites and buildings shall be set back not less than 100 feet from the lake outlet and 50 feet from the bank of all other creeks.

Evidence of approval, certificate of need, license or other similar document required to initiate or expand such a use from any and all appropriate regulating agencies.

As part of the application the applicant shall specify the time period for the temporary use which shall not exceed 12 months.

In approving an application, the Planning Board shall impose a specific time limit, not to exceed 12 months, from the date of approval and any other conditions necessary to ensure the use conforms with the intent of the subject zoning district, and to protect the health, safety or general welfare of the public.

All boats and boat accessories to be stored on the site shall be in good working condition.

Areas to be used for outdoor storage shall be clearly defined by the applicant.

Outdoor storage areas shall have the same minimum setbacks as are required for accessory buildings in Schedule I, Zoning Schedule, of this chapter.[1] This requirement may be waived by the Planning Board.

Outdoor storage areas shall be in the side and rear yard of the principal building, where one exists.

Where no principal building exists, the minimum front setback for outdoor storage areas shall be 60 feet from the street line.

Outdoor storage areas, in combination with all other impervious surfaces, shall not exceed 70% of the area of the lot.

All outdoor storage areas shall be enclosed, except for necessary access drives, by buildings and/or fences, walls, embankments or evergreen trees or other landscaping required by the Planning Board, so as to substantially screen such areas from view from any street or residential district. However, the Planning Board may determine that such enclosure is not necessary where outdoor storage is adjacent to uses of a similar nature and/or intensity.

The statement of operations required by § 220-35 of this article shall include the provisions and procedures to be followed for ensuring that boats will be properly stored with minimal potential for contamination of the site with fuel, oil, or other substances known to be a hazard to human health and/or the natural environment. This may include requiring storage to occur over a suitably improved or durable surface.

No site preparation or construction shall commence nor shall existing structures be occupied until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.

The minimum lot area for such uses shall be five acres.

Shelters for animals within kennels shall not be closer than 200 feet to any street or property line.

No outdoor area enclosed by fences for the use of animals shall be permitted within a front yard. Fenced areas shall be set back not less than 100 feet from any side or rear property line.

Adequate provisions are made for disposing of animal waste.

All noise and odors shall not become a nuisance to adjacent property owners.

No site preparation or construction shall commence until final site plan approval as required by Town Code § 220-64, Authority; approval required, has been granted by the Planning Board.

Required site plan applications for a windmill or wind generator shall also show:

No windmill, including blades, in any R-1-30 District shall extend more than 75 feet above the average ground level measured at the base of the tower.

No more than one windmill or tower shall be permitted as an accessory use to any property.

No windmill shall be erected in any AR-1 or RR-3 District, or in any location, where its overall height, including blades, is greater than the distance from its base to any property line.

Access to the tower shall be limited either by means of a fence six feet high around the tower base with a locking gate or by limiting tower-climbing apparatus to no lower than 12 feet from the ground.

No windmill shall be installed in any location along the major axis of an existing microwave communications link where the operation of the windmill is likely to produce an unacceptable level of electromagnetic interference, unless the applicant provides sufficient evidence satisfactory to the Planning Board indicating the degree of expected interference and the possible effect on the microwave communications link.

Windmills shall be located or installed in compliance with the guidelines of the Federal Aviation Regulations with regard to airport approach zones (15.503) and clearance around VOR and DVOR stations.

All sites proposed for windmills shall have sufficient access to unimpeded air flow for adequate operation. The Siting Handbook for Small Wind Energy Conversion Systems, PNL-2521, or other nationally recognized reference, should be used as a guide in determining the location of towers.

No windmill shall be installed in a location where the Planning Board determines the windmill to be detrimental to the general neighborhood character.

If the windmill is to be interconnected to an electric utility distribution system, the applicant shall provide evidence of approval of the proposed interconnect by the local power company.

Towers shall be located in either a rear or side yard. Applicants seeking a side yard siting shall demonstrate that such a location is essential to the viability of the proposed investment.

Guy wires and anchors for towers shall not be located closer than 10 feet to any property line and guy wires shall be fenced in for a height of six feet.

All windmills shall be designed with an automatic shutdown on governing capability in the event of over-speeding in high winds.

The minimum distance between the ground and any protruding blades shall not be less than 10 feet as measured at the lowest point of the arc of the blades.

No site preparation or construction shall commence until final site plan approval, as required by Town Code § 220-64, Authority; approval required, has been granted by the Planning Board.

The permitted use may include any of the following:

The land devoted to this use shall not be less than seven contiguous acres.

One principal single-family dwelling may be located on the land devoted to this use, provided that it complies with the requirements for this chapter. The land area on which the principal single-family dwelling is located (minimum lot size of AR-1 District) shall not be considered as part of the land devoted to this use, as set forth in Subsection C above.

The number of horses that may be boarded and/or trained at such property shall be at least 10 horses for the first seven acres of land devoted to this use.

The stable shall be located not less than 100 feet from any boundary line. The storage of manure shall be located on land not less than 200 feet from any boundary line. The Planning Board may require manure storage areas to be screened and/or buffered from adjacent areas.

Riding rings shall meet the following requirements:

Accessory buildings, such as barns (not housing horses), sheds and the like, may be located on the land devoted to this use, provided that they are set back from the street line and from each side boundary as set forth in Schedule I[1] and they are not used for the storage of manure.

Structures on the land devoted to this use (not including the principal dwelling) shall not in the aggregate cover more than 5% of the area of the land devoted to this use.

No structure shall exceed 35 feet in height.

Suitable and adequate off-street parking shall be provided in accordance with the requirements established by the Town Planning Board.

Exterior lighting shall be permitted only to the extent necessary to prevent injury to the public and shall be so installed and arranged as to reflect light away from the adjoining streets and prevent any nuisance to adjoining property.

Any loudspeakers shall be installed or used on the premises in a manner to minimize potential nuisances to adjacent properties.

The specific area designated for the outside display of goods for sale must be delineated on a site plan approved by the Planning Board, and no goods may be displayed for sale outside the designated area.

The specific area designated for the outside display of goods for sale may not be located any nearer to any property line than would be a building for the display of goods for sale, and all site lighting associated with the outside display shall be directed away from adjacent property.

Goods for sale may only be displayed within the designated area for a period not exceeding 48 hours within any calendar week and shall not be stored in a vehicle parked on the site when goods are not on display.

The Planning Board shall impose such additional conditions as it finds necessary to ensure an appropriate balance of outdoor and indoor display of goods for sale.

The provisions in this section shall not apply to any generally accepted farm operation or practice within an established Ontario County Agricultural District.

Such storage may only be conducted within a totally enclosed building and not within an open shed or three-sided structure.

Such storage may only be conducted within existing buildings completed on or before the effective date of this provision.

Motor vehicles, recreational vehicles and/or boats stored shall not be visible from any public road.

There shall be no outdoor or outside storage on the premises whatsoever of parts, supplies or equipment accessory to such motor vehicles, recreational vehicles or boats.

There shall be no repair, sales, dismantling, maintenance or refurbishing whatsoever of the motor vehicles, recreational vehicles and/or boats stored on the premises pursuant to the special permit approved under this section.

Other than fuels, lubricants and coolants within reservoirs designated for their storage within the stored motor vehicles, recreational vehicles and/or boats, there shall be no hazardous materials stored within a building used for this purpose.

The proposed use is on a lot where the existing principal permitted use is industrial.

The proposed use does not involve new development.

No restaurants are allowed.

The proposed use occupies no more than 5,000 square feet of building floor area.

The proposed use and all other commercial uses on the site, taken as a whole, are subordinate to and compatible with the primary industrial use of the site in terms of square feet used, overall scale, and intensity.

The use will not impair future industrial use and development of the subject lot or adjacent lots zoned for industrial use.

Proposed parking is sufficient to meet the needs of the proposed use as well as all existing uses as demonstrated by an enumerated inventory of available parking compared to an estimated number of needed parking spaces.

Bulk density requirements for accessory commercial uses shall be the same as that required for accessory structures for the principal permitted use.

If the primary industrial use ceases operation, physical expansion of commercial uses operating under a special use permit for an accessory commercial use granted under this article shall require an area variance from the Zoning Board of Appeals.

In the event of a change of use of the structure, either a new special use permit must be obtained or the structure must be dismantled and removed.

Commercially manufactured structures are to be installed in accordance with manufacturer's specifications and installation instructions. A copy of the manufacturer's specifications and installation instructions must be furnished with the permit application. The Code Enforcement Officer will inspect the installation, as appropriate, during construction and upon completion to ensure compliance with said manufacturer's specifications instructions. The Code Enforcement Officer may approve deviations in use of materials or methods, provided that such deviation does not reduce the safety of any involved structure(s).

Nonmanufactured units are to be of sound design and construction quality and practice as determined by the Town Development Office. Sketches, drawings, and materials specifications and details as required by the Planning Board to ensure safety compliance will be submitted with or subsequent to the permit application. In the event there is substantive question by the Planning Board of the material or design safety of the proposed structure and with the concurrence of the applicant and at the applicant's expense, or at the applicant's request and expense, the Planning Board will refer the design and material specifications to the Town Engineer or other appropriate professional engineer for evaluation and opinion. In the event of referral to an engineer, the engineer's determination(s) regarding safety of design and/or materials will be final. In no event will a permit be issued for erection of a structure where the design or material were determined to be unsafe by the Planning Board or, if referred to the Town Engineer or a professional engineer by the Planning Board, the engineer.

The base placement of the tower or mast or pole must conform to normal property line setback requirements for utility structures for the district in which it is erected. If the structure is guyed to ground anchor points, the guy ground anchor points should conform to setback requirements for utility structures within the district. If necessary to place one or more guy points on or nearer to property lines than the utility setback requirement for any reason, in lieu of a variance, those guy points may be elevated at least six feet above the ground level, provided the structurally adequate material utilized for elevation purposes does not exceed four inches in diameter.

No provision of this or any other part of Chapter 220 shall operate, except for substantive reasons of public health, welfare or safety, duly established and recorded, to deny a special use and construction permit under this section for towers, masts or poles of up to 70 feet in height to anyone possessing a valid Federal Communications Commission amateur radio service station or operator license, provided that a copy of such license accompanies the permit application.

In considering applications for structures exceeding 70 feet in height, special consideration must be accorded those licensed in the Amateur Radio Service by the Federal Communications Commission. Structure height consistent with conducting effective communications is the objective to be achieved. In establishing the permitted height, the Planning Board must consider geography, topology, end-to-end communications points and such technical information regarding radio signal propagation as may be obtained from the applicant, the American Radio Relay League (Newington, Connecticut), the Electronic Industries Association, the Institute of Electrical and Electronic Engineers, and information obtainable from the Federal Communications Commission or other subject matter experts as may be engaged by the Planning Board from time to time. It is the responsibility of the applicant to supply appropriate data and information to the Planning Board to substantiate and justify the structure height requested.

No land, building, or premises may be used in any way which will cause or result in:

There shall be no outside parking of machinery or equipment, except during business hours.

There shall be no outside storage of material, raw, processed or partially processed, in bulk or packages. There shall be no outside stock piles or storage racks.

All equipment for the handling of material and processes shall be enclosed in a suitable building. Equipment as used in this section includes, but is not limited to, conveyors, elevators, storage silos, hoppers, storage tanks and unloading docks.

All waste, scrap, refuse, empty containers, drums, bottles and cartons shall be stored in suitable closed containers.

Notwithstanding any other provisions, side and rear setbacks adjacent to any residential district shall be a minimum of 75 feet, of which 20 feet thereof shall be used to create a screened buffer zone. Such screening shall not be less than four feet in height and may be accomplished by deciduous and/or evergreen plantings or by a fence of acceptable design. All such buffers and screenings shall be properly maintained by the owner or owners of the screened industrial property.

All adult uses shall be conducted in an enclosed building.

Regardless of the building location or distance, no one who is passing by an enclosed building having a use governed by the provisions of this chapter shall be able to visually see any specified anatomical area or any specified sexual activity by virtue of any display which depicts or shows said area or activity. This requirement shall apply to any display, decoration, sign, window or other opening.

No building shall be painted in garish colors or such other fashion as will effectuate the same purpose as a sign without the Planning Board's approval.

No loudspeakers or sound equipment shall be used as part of an adult use entertainment establishment that can be discerned by the public from public and/or semipublic areas.

Parking of registered vehicles on the site shall be permitted only during the hours of operation. No dwelling unit shall be allowed as part of any adult use or entertainment establishment.

Subject parcel meets dimension requirements of the zoning district.

Planning Board approves a statement of operations that includes:

Sketch plan showing location of agricultural buildings to house livestock and showing how such building minimizes impact to nearby properties.

Application for special use will be forwarded for comments to the Town of Canandaigua Agricultural Enhancement Board.

The provisions in this section shall not apply to any generally accepted farm operation or practice within an established Ontario County Agricultural District.

Accessory buildings or structures utilized must be movable and temporary.

The stand shall be set back outside of the public right-of-way.

Sufficient land area shall be provided to accommodate off-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 Highway Superintendent or local law enforcement officials.

The provisions in this section shall not apply to any generally accepted farm operation or practice within an established Ontario County Agricultural District.

Building area shall not exceed 5,000 gross square feet (GSF), maximum building footprint of 2,500 square feet; maximum height shall not exceed two stories.

Parking at side or rear only; there shall be no front yard parking.

Landscape, screening and buffers shall be designed to visually separate small commercial establishments, including parking areas, and adjacent residential land uses.

Lighting shall be designed to shield glare (or light trespass) to adjacent streets, properties and sky. Light sources (i.e., bulb) shall not be visible from any angle. (See § 220-77, Lighting standards and regulations.)

Signage must be consistent with the provisions contained in § 220-84G of this chapter.

Hours of operation shall be limited to preserve the quality of life of nearby residential uses.

It is the intent of this section to allow a variety of major home occupation pursuits as specially permitted uses in residential districts while recognizing the substantial governmental goal of preserving and maintaining the residential atmosphere, appearance and character of residential districts. It is recognized that while home occupation pursuits are specially permitted under the conditions provided for in this section, it is the primary purpose of this section to preserve and maintain the residential atmosphere, appearance and character of residential districts. It is the stated intent that the special permitted home occupation use will always be second and subordinate to the principal residential use of the premises and that the major home occupation will not harm other residential uses of the property or adversely affect neighboring premises. Under no circumstance shall a special permitted major home occupation become so extensive that it predominates the principal permitted residential use of the premises. It is further the intent of this section to establish specific performance standards and controls to limit major home occupations so as to minimize the adverse impacts a home occupation could have on a neighborhood or district and to assure that it does not become the predominant use of the property. Finally, it is the intent of this section to exclude family or group family day care as first defined in New York State Social Services Law, § 390(1)(d) and (e), which are exempt from the provisions of this chapter, from having to comply with these regulations.

A major home occupation, as defined in Chapter 1, Article II, of the Town Code, shall first require the issuance of a special use permit by the Planning Board. The Planning Board may condition or restrict the special use permit for a major home occupation if, in the Board's judgment, such restriction is required to minimize the impact of the use upon the neighborhood or district. No special use permit shall be issued unless the Planning Board makes a finding that, in addition to compliance with the general requirements in § 220-35 of this article, all of the following criteria have been met:

Revocation of home occupation permits. A major home occupation permit shall be deemed revoked upon the occurrence of any of the following:

Application. Each application for a major home occupation permit shall be:

The Planning Board may approve a special use permit and a site plan for a personal wireless communications facility to be erected and maintained only on a parcel of land located in the RR-3, AR-2 and AR-1 Residential Districts, the CC Community Commercial District, the LI Limited Industrial District and the I Industrial District, provided that, in addition to compliance with the general requirements in § 220-35 of this article, the following standards and provisions are complied with:

Additional prerequisite which the Planning Board shall consider prior to taking action to issue a special use permit for personal wireless telecommunications facilities: a report from a professional engineer which shall:

Additional prerequisites for the Planning Board to consider prior to taking action to issue a site plan approval for personal wireless telecommunications facilities:

The minimum lot size, frontage and setback requirements shall conform to the specifications set forth in the Zoning Schedule I[1] of this chapter for a single-family dwelling in the respective zoning district.

The dwelling proposed for occupancy as a tourist home shall contain at least three but no more than five lodging rooms for rent and further shall not violate provisions of the New York State Fire Prevention and Building Code[2] or Chapter 202 of the Canandaigua Town Code.

Meals may be served on premises only to residents and registered guests.

The owner/operator(s) of the tourist home shall reside on the premises and shall be the only permanent occupant(s) on the premises.

No tourist home use shall be established on a lot that is located within 500 feet of another lot measured along the same street frontage on which there is an existing tourist home establishment.

(Reserved)[3]

All site lighting shall comply with the Town's lighting standards set forth in § 220-77.

Commercial speech signage may be permitted as provided for further in Article IX of this chapter.

The exterior of the building shall be maintained consistent with the architectural character of the dwelling prior to its use as a tourist home.

Landscaping shall be required and a buffer screening provided to ensure that the tourist home use does not create a nuisance for adjoining property owners.

All access to the lodging rooms shall be provided through the main entrance to the tourist home.

The minimum lot size shall be three acres, and not more than 30% of the total lot area may be used for structures, the parking of vehicles, or equipment.

No special use permit for a construction company/contractor storage yard may be permitted where there is a dwelling unit on the subject property.

Not more than 15% of the total lot area may be used for the stockpiling of material used by the contractor for a storage yard.

Unless the owner has a valid mining permit issued by the New York State Department of Environmental Conservation, there shall be no excavation of materials allowed on a construction company/contractor storage yard site. Otherwise, all aggregate material shall be trucked onto the site and stored in an area approved by the Planning Board as part of site plan approval.

There shall be a well-landscaped buffer, at least 10 feet in width and extending around the entire border of the property, unless the applicant can demonstrate the use of existing site topography (including an existing gravel pit) in such a manner that it will screen the use from any adjacent property or right-of-way.

There shall be a maintenance building provided that is sized to enable repairs and maintenance of all equipment used in conjunction with the construction company. The design of the maintenance building shall complement, to the greatest extent practical, existing adjacent structures within 500 feet of the property boundary. All bays to be located in the building shall be oriented away from any adjacent residential dwelling. All repairs and maintenance of equipment shall be performed within the enclosed structure. Said facility shall also meet all federal and state regulations for employee safety, environmental protection and security of operation,s and the owner shall provide the Town copies of all inspection reports by any regulatory agency. No storage of used parts shall be permitted on the site outside an enclosed building.

Any fuel-dispensing unit or storage tank shall meet State Department of Environmental Conservation regulations for bulk storage.

Any stockpile of aggregate material shall be maintained by the owner to prevent the blowing of dust onto adjacent properties.

The hours of operation shall be set by the Planning Board.

All site security lighting shall comply with the Town lighting regulations contained in § 220-77 of this chapter.

Except for the stockpile areas, the entire travel area of the site shall be a dust-free surface (i.e., millings, stone and oil, blacktop, concrete).

There shall be a designated parking area for all company vehicles, for all employee vehicles and for visitors to the site.

Unless connected to public sewer service, each construction company/contractor storage yard site shall have an approved on-site wastewater treatment facility.

There shall be only one driveway serving the site. The driveway shall be designed to enter onto the public highway at grade level for a minimum distance back from the travel lane of 40 feet in length. Said driveway shall be blacktopped. Any aggregate material that spills from a vehicle entering or exiting the site shall be cleaned up within 24 hours of the spill. All driveway radii shall be designed to accommodate the turning movement of the company's largest vehicle.

Used heavy construction equipment and machinery and equipment may be offered for sale on the site. The location of such activity shall be determined by the Planning Board as part of either site plan approval, or any amendment to an approved site plan.

Each construction company/contractor storage yard site shall provide appropriate highway entrance signs as may be required by the Town Highway and Water Superintendent, the County Highway Superintendent, or the resident engineer for the State Department of Transportation.

Each application for a special use permit shall not be deemed complete until a signed statement of operations has been submitted.

Each proposed special use permit shall be subject to compliance with all provisions of the New York State Uniform Fire Prevention and Building Code, as may be amended from time to time.

Prior to granting special use permit approval, the Town Planning Board must make a finding that the proposed sign is in compliance with the standards set forth in § 220-83.

The specific location of the proposed sign must be shown on a site plan approved by the Planning Board.

Prior to granting special use permit approval, the Planning Board must make a finding that the proposed signage will not compromise the aesthetic appearance of the surrounding neighborhood.

Prior to granting special use permit approval, the Town Planning Board must make a finding that the proposed signage will not significantly increase the magnitude of hazards to motorists and pedestrians caused by sign distractions.

Ground-mounted solar energy systems are only permitted in certain zoning districts of the Town of Canandaigua through the issuance of a special use permit based on the size classification of the ground-mounted system as either a Tier 1, Tier 2, Tier 3, or Tier 4.

Special use permit application requirements. In addition to the requirements set forth in § 220-35, the following information must be included with an application for a special use permit for large-scale solar energy system:

Special use permit standards. No special use permit for large-scale solar energy systems shall be issued unless the Planning Board specifically finds that the proposed project is in compliance with each of the following: