Canandaigua Town City Zoning Code
ARTICLE VIII
Supplementary Regulations
§ 220-73 Off-street parking regulations.
[Amended 3-16-2015 by L.L. No. 3-2015; 11-16-2020 by L.L. No. 3-2020]
Purpose: There are no provisions that establish a minimum number of off-street parking spaces for development. However, certain development proposals are required to complete a parking demand analysis, which will assist in determining off-street parking spaces required. In all districts there shall be provided, at the time any building or structure is erected, enlarged, increased in capacity or changed in sue, improved and usable off-street parking spaces for motor vehicles in accordance with the requirements of this article, the New York State Uniform Fire Prevention and Building Code, and Federal Americans with Disabilities Act.
A.
Authority. Parking requirements shall be determined by the Planning Board in the course of their respective reviews of any site plan, subdivision, special use permit, or other necessary review.
B.
Design requirements.
(1)
Off-street parking space shall be provided as further specified in this chapter and shall be furnished with necessary passageways and driveways. Required dimensional standards can be found within the Town of Canandaigua Site Design and Development Criteria.
(2)
Off-street parking areas for nonresidential uses shall provide sufficient area for access drives and aisles.
(3)
Off-street parking areas with a capacity for more than 20 vehicles shall delineate fire lanes and post "no parking" markers.
(4)
Any off-street parking area with at least 20 off-street parking spaces shall designate a minimum of 10% of those spaces as reserved only for the handicapped and clearly mark them for such use. Parking spaces designated to serve handicapped individuals shall be at least 14 feet in width and 20 feet in depth.
(5)
All parking areas, passageways and driveways (except where provided in connection with one- and two-family dwellings, or farm residences and buildings) shall be adequately drained and will have a durable surface, subject to approval of the Town Planning Board.
(6)
Each off-street parking space shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or alley, and so that any motor vehicle may be parked and unparked without moving or damaging another.
(7)
Parking areas may be located in any yard space for nonresidential uses but shall not be located:
(a)
So as to impinge on the minimum required buffer width, as measured from the property lot line, as established in § 220-76D; or
(b)
For properties of 60,000 square feet or less in size, any closer than 10 feet to any side or rear property line unless specifically approved by the Planning Board as part of a multiple-parcel shared parking plan; or
(c)
For properties greater than 60,000 square feet in size, any closer than 20 feet to any side or rear property line unless specifically approved by the Planning Board as part of a joint use parking plan.
(8)
Driveways to off-street parking.
(a)
No driveway to an off-street parking area shall be located closer than 50 feet to the intersection of any two streets or within 10 feet of any side lot line identified in § 220-9V(3) or 20 feet servicing a lot identified in § 220-9V(4) of this chapter, provided further that:
[1]
Sufficient distance will always remain for all required radii for said driveway;
[2]
Said driveway will not be determined by the Planning Board to adversely affect the minimum sight distance for motorists, as recommended in various Town, county and state highway design and traffic safety manuals, or prevent the stacking of vehicles along the highway where there is a traffic control device operating.
(b)
The Planning Board may require a different distance to the intersection of any two streets as a condition of approval where a traffic study identifies that said distance would improve safety and efficiency.
(c)
The distance from the driveway to the intersection shall be measured by extending the curb or pavement line of the intersecting street until it intersects the curb or pavement line, extending, if necessary, to the driveway in questions.
C.
Location of off-site parking facilities. Required off-street parking is allowed on a separate parcel within 1,320 feet of the use served, as measured by closest walking distance from the closest public entrance to the off-site parking lot. Where parking is provided off-site, adequate provisions for safe, pedestrian travel shall be required.
D.
Screening and landscaping.
(1)
Off-street parking areas for more than five vehicles shall be effectively screened on the rear and side yards by a fence of acceptable design, unpierced masonry wall, landscaped berm or compact evergreen hedge. Such fence shall be erected and maintained in accordance with § 220-9K of these regulations. Such wall or hedge shall not be less than six feet in height and shall be maintained in good condition.
(2)
When a parking area for five or more vehicles is within or abuts a residential district, a planted buffer area shall be provided in addition to the fence or wall specified in Subsection C(1) above. Landscaping utilized to provide this buffer shall not be less than four feet in height at the time of planting and spaced not more than three feet apart. The planted buffer area shall not be less than 10 feet in depth.
E.
Lighting.
(1)
All off-street parking areas and appurtenant passageways and driveways (excluding areas serving one- and two-family dwellings and farm dwellings) shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation.
(2)
Any lights used to illuminate an off-street parking area shall be so arranged as to reflect the light away from all adjoining property.
F.
(Reserved)
G.
Joint use. The off-street parking requirements of two or more uses, structures, or parcels of land may be satisfied by the same parking or loading space used jointly if supported by a shared parking analysis. This analysis shall be based upon accepted standards. The right to joint use of the parking space must be evidenced by a deed, lease, contract, contract or other appropriate written document to establish the joint use.
H.
Required off-street parking spaces. Off-street parking shall be provided to meet the realistic demand for the proposed land use. The applicant shall calculate this demand based on standards such as the Institute of Transportation Engineer's Parking Generation Reports, Urban Land Institute, observed local demand analysis, or any other standard acceptable to the Planning Board.
(1)
Applicability. Projects exceeding the following thresholds shall provide a parking demand analysis:
(a)
New construction of principle building/s in excess of 5,000 square feet of gross floor area; or
(b)
The substantial renovation of a principal building with a gross floor area of at least 50,000 square feet and involving a change of use;
(c)
Or upon request of the Planning Board during the course of their review.
(3)
Waiver for current construction:
(a)
Applicant may request the Planning Board waive the requirement to construct off-street parking spaces during initial construction.
(b)
Applicant shall specify on a site plan which off-street parking spaces are to be delayed, including the total number of spaces, and to provide justification for the waiver request.
(c)
Such off-street parking spaces shall be included as if to be constructed in any SEQR consideration and planning approvals.
(d)
The future construction of the subject spaces shall require a site development permit and be exempt from site plan review if in substantial conformance with the approved plans.
(e)
If granted, the Planning Board may also impose additional conditions as needed to achieve the objectives of this chapter.
I.
Authority for Planning Board to modify requirements of § 220-73.
(1)
The Planning Board is hereby authorized to modify the required number of off-street parking spaces.
(2)
Such modification may take place after the Planning Board finds that:
(a)
Applicant has demonstrated that adequate, public off-street parking facilities are available within 1,320 feet of the primary entrance of all uses served as measured along the shortest legal, practical walking route; or
(b)
Applicant can document that a notable percentage of their customers will be transported to and from their premises in buses, bikes, walking or other forms of alternative transportation; or
(c)
Applicant provides a transportation management plan documenting off-peak work hours, preferential parking, financial incentives, or some other manner for reducing parking demand.
(d)
The requirement is found not to be requisite in the interest of the public health, safety, and general welfare or inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the site plan.
(3)
Where the Planning Board modifies the required number of parking spaces pursuant to this section, the Planning Board shall impose such conditions as it deems necessary and shall make findings supporting their decision regarding a waiver.
§ 220-74 Loading design requirements.
For every building, structure or part thereof having more than 4,000 square feet of gross building area erected and occupied for commerce and industry as well as other uses requiring the receipt and distribution of materials and merchandise by vehicles, adequate space for loading and unloading services shall be provided and permanently maintained in order to avoid undue interference with the public use of streets, alleys, or parking areas. Every building, structure or addition thereto having a use which complies with the above definition shall be provided with at least one truck standing, loading and unloading space on the premises not less than 12 feet in width, 55 feet in length, and 14 feet in height. One additional truck space of these dimensions shall be provided for every additional 20,000 square feet, or fraction thereof, of gross area in the building.
§ 220-75 Access control.
A.
Application. In order to encourage the sound development of street frontage, the following additional access control design requirements shall apply to all nonresidential buildings and uses:
(1)
The location and design of driveways and other site layout, parking and access management conditions shall conform to all state and local requirements, including and not limited to those established in this section.
(2)
All site development proposing access along U.S. Route 5 and State Routes 364, 332, 20 and 21 shall have access control solutions consistent with: the Town of Canandaigua Route 332 Corridor Plan, Phases I and II; the adopted Site Design and Development Criteria;[1] Chapter 174 of the Town Code, Subdivision of Land; and the applicable provisions of this chapter of the Town Code. All driveway locations along these state highways shall be subject to a highway work permit issued by the resident engineer of the New York State Department of Transportation.
[1]
Editor's Note: The Site Design and Development Criteria are available in the Town offices or through the Town's online version of the Code (eCode360®).
B.
General requirements.
(1)
The site layout, location and design of driveways, parking, and other access management elements should be based on full development of a lot.
(2)
Each separate use, grouping of attached buildings or groupings of permitted uses shall be entitled to one point of access. Additional accessways may be approved by the Town Planning Board based on the need for such additional access which is supported by a traffic analysis prepared and submitted by the applicant, and if:
(3)
Driveways to lots with frontage on two or more streets shall be provided to the street with the lowest functional classification serving the proposed development.
(4)
The use of common access points by two or more permitted uses may be required by the Town Planning Board in order to reduce the number and closeness of access points along the streets and to encourage the fronting of significant traffic-generating uses upon a parallel access street and not directly upon a primary road. Driveways may be required to be located so as to provide shared driveways and/or cross-access driveways with an abutting lot or lots.
(a)
Shared driveways and/or cross-access driveways shall be of sufficient width (minimum 20 feet) to accommodate two-way travel for automobiles and emergency service and loading vehicles. Wider driveways may be required to serve traffic to major developments or large vehicles.
(b)
Shared driveways, cross-access driveways, interconnected parking, and private streets constructed to provide access to lots internal to a subdivision shall be recorded as an easement and shall constitute a covenant running with the land. Operating and maintenance agreements for these facilities should be recorded with the deed.
C.
Driveway location.
(1)
Driveway location will be based upon a final site plan, when required elsewhere in this chapter, which has been approved by the Town Planning Board in consultation with the appropriate representative of the New York State Department of Transportation, the Ontario County Department of Public Works, or the Town Highway and Water Superintendent. Where final site plan approval is not required, evidence of the appropriate work permit or driveway permit shall be provided prior to the issuance of any building permit by the Code Enforcement Officer.
(2)
For the purpose of driveway locations, median openings shall be treated as intersections and driveways to lots opposing a median opening shall be located so as to exceed the minimum corner clearance standards. This requirement shall be waived where the median opening is specifically constructed or reconstructed to provide vehicular access to such properties.
(3)
Driveways shall be located so as to meet or exceed the minimum driveway spacing standards and the minimum corner clearance standards.
(4)
The Town Planning Board may allow the location of driveways at less than the minimum driveway spacing standards and corner clearance standards, if:
(a)
A dual-driveway system, cross-access driveway system or shared driveway is proposed and this improves the safe and efficient movement of traffic between the lot and the street; or
(b)
A driveway or driveways could be located so as to meet the minimum driveway spacing standards and corner clearance standards, but the characteristics of the lot or the physical or operational characteristics of the street are such that a change of location will improve the safe and efficient movement of traffic between the lot and the street; or
(c)
Conformance with the driveway spacing standards or corner clearance standards imposes undue hardship on the lot owner.
(5)
For properties unable to meet the minimum driveway spacing standards or corner clearance standards, a temporary driveway may be granted. The granting of a temporary driveway will be conditioned on obtaining a shared driveway, cross-access driveway or unified parking and circulation with an abutting lot, and closure of the temporary driveway, in the future.
(6)
For properties unable to meet the minimum corner clearance requirements, driveways shall be located as far as practicable from the intersection. In such cases, driveway movements may be restricted and only one driveway will be permitted along the street frontage not meeting the minimum corner clearance requirement.
D.
Driveway design.
(1)
Driveways shall be designed so as to provide for the safe and efficient movement of traffic between the public street and the lot, and to eliminate the potential for the queuing of vehicles along the public street due to congestion in or at the driveway.
(2)
Vehicle circulation systems on the lot shall be designed so as to provide for the safe and efficient movement of traffic between the driveway and the parking area.
(3)
Driveway width, radii, flare, throat length, internal circulation systems, and other design elements for driveways to developments generating more than 150 peak-hour trips shall be based upon traffic, engineering and design data provided by a traffic engineer/consultant who is recognized and accepted by the Town Planning Board. In the event that a traffic engineer/consultant is not provided, the Town shall have the right to retain such traffic engineer/consultant at the cost of the applicant.
(4)
No driveway to an off-street parking area shall be located within 10 feet of any side lot line for a parcel defined in § 220-9V(3) of this chapter. In addition, no driveway to an off-street parking area shall be located within 20 feet of any side lot line for a parcel defined in § 220-9V(4) of this chapter unless the designated highway official shall find that an alternative location will be in the best interests of public safety and highway efficiency.
(5)
Access points for industrial uses shall not be less than 24 feet nor more than 40 feet in width. All other access points shall not be less than 20 nor more than 30 feet in width.
E.
Driveway movements.
F.
Changes in access.
(1)
The Town Planning Board may establish provisions for and require future alteration of the lot layout, the location and design of driveways, parking, and other access features based on phased development, additional development or a change in use of a lot, or development of or a change in use at an abutting lot.
(2)
Upon completion of a side, access or service street abutting a lot with a driveway connection to a public street, the Town Planning Board may require a driveway or driveways to the side, access or service street and closure of the driveway connection to the public street.
(3)
For any change of use of a lot which requires a Town permit or approval and increases peak-hour trips, the Town Planning Board may:
(a)
Require the closure or relocation or consolidation of driveways so as to meet the minimum driveway spacing standard for the new level of peak-hour trips;
(b)
Require shared driveways and cross-access driveways with abutting lots; or
(c)
Require alteration of the lot layout and parking which allow for the circulation of traffic between abutting properties.
G.
Medians.
(1)
The type, location and length of medians on state streets will be determined by the New York State Department of Transportation. This determination will be made in consultation with the Town Planning Board and will be based on existing and projected traffic conditions; the type, size, and extent of development and traffic generated by development; traffic control needs; and other factors.
(2)
The minimum spacing between median openings will be 1,320 feet for median openings which allow only restricted traffic movements and 2,640 feet for median openings which allow all traffic movements.
(3)
The minimum spacing between median openings may be waived with the mutual agreement of the Town Planning Board and the New York State Department of Transportation.
(4)
Median openings intended to serve a driveway or driveways to a development or developments must meet or exceed the minimum spacing standards between median openings and must also be justified by a traffic impact analysis approved by the New York State Department of Transportation in consultation with the Town Planning Board when driveways are proposed to connect to state streets, or the Town Planning Board when driveways are proposed to connect to local streets. The cost for preparation of the traffic impact analysis and construction of the median opening or openings, including installation and operation of signals and other improvements, where warranted, shall be borne by the applicant.
H.
Traffic impacts from large developments.
(1)
For purposes of this chapter, "large developments" shall include residential or mixed-use developments whose combined trip generation from all lots exceeds 150 peak-hour trips, and commercial, retail, and industrial developments whose trip generation exceeds 300 peak-hour trips, and any other use which will, in the opinion of a qualified traffic engineer, detrimentally impact the safe and efficient movement of traffic along public roads.
(2)
Large developments may be required to mitigate the traffic impacts of their development. Required mitigation may include but is not limited to the construction of signals, turning lanes, medians, combined and shared driveways, and internal service or access streets, and implementation of transit improvements and/or traffic demand management strategies.
(3)
Required mitigation will be identified through a SEQRA review or transportation impact study.
I.
Incentives.
(1)
In order to ensure the safe and efficient movement of traffic along a street and between the street and properties abutting the street, shared driveways, cross-access driveways, access and service streets, internal circulation systems, and interconnected parking are encouraged.
(2)
The Town Planning Board may grant to a lot owner adjustments to the permissible density, area, height, or open space otherwise required in the zoning district when such lot owner elects to provide and maintain shared driveways, cross-access driveways, access and service streets, internal circulation systems, or interconnected parking.
(3)
The Town Planning Board reserves the authority to determine the adequacy of the access management amenities to be accepted and the particular bonus or incentive to be provided to a lot owner.
J.
Variance guidelines.
(1)
The granting of a variance should be in harmony with the purpose and intent of this chapter and should not be considered until every reasonable option for meeting the provisions of this chapter is explored.
(2)
Applicants for a variance should demonstrate unique or special conditions that make strict application of the provisions of this chapter impractical. This should include a showing that:
(3)
Under no circumstances should a variance be granted unless not granting the variance would deny all reasonable access, endanger public health, welfare or safety, or cause an exceptional and undue hardship on the applicant.
§ 220-76 Landscaping and buffering.
A.
Purpose and intent. It is the purpose and intent of this section to:
(1)
Encourage the landscaping of developments and to dissuade the unnecessary clearing and disturbing of land so as to preserve the natural and existing growth of flora and to replace removed flora or plant new flora indigenous to the region.
(2)
Establish provisions which will help buffer incompatible uses from each other and provide transition zones between different types of uses.
(3)
Reduce the effects of wind and air turbulence, heat and noise and the glare of automobile lights.
(4)
Provide unpaved areas for the absorption of surface waters.
(5)
Prevent soil erosion and provide shade.
(6)
Conserve and stabilize property values and to otherwise facilitate the creation of an attractive and harmonious community.
(7)
Relieve the barren appearance of parking areas.
(8)
Generally preserve a healthful and pleasant environment for Town residents and visitors.
B.
Authority. Landscape requirements shall be determined by the Planning Board in the course of their respective reviews of any site plan, special use permit, or planned unit development.
C.
Landscape techniques. The particular type of landscape treatment required shall be determined by the Planning Board according to the following major types of treatment:
(1)
Visual separation, including earth-mounding and screen-planting techniques designed to obscure or soften an unattractive or incompatible view.
(2)
Visual setting, including ground cover and plant materials designed to stabilize the landform and provide an appropriate foreground or setting.
(3)
Physical separation, including a combination of plant and man-made materials designed to separate distinct land use types or activities.
D.
Applicable standards. In the application of this section, the Planning Board shall use the following standards:
(1)
Where any commercial, industrial, or specially permitted use in any district abuts land in any residential district, a strip of land at least 75 feet in width shall be maintained as an open landscaped area in the front yard, side yards and rear yard which adjoins these other districts. Such dimension may be part of the required minimum yard dimensions and is not in addition to the minimum yard dimensions. In any case, the larger buffer, either the minimum required setback or the fifty-foot strip, shall be required.
(2)
Landscaping required under this section is to be installed and maintained in front, side and rear yards as developed and shall take the form of shade trees, deciduous shrubs, evergreens, well-kept grassed areas and ground cover. One canopy shade tree shall be planted no nearer than 10 feet to any lot line for each 1,250 square feet of required landscaping area; and one deciduous shrub or evergreen shall be planted for each 250 square feet of required landscaped area. All such landscaping shall be maintained in a healthy growing condition with ground cover or grassed areas.
(3)
Minimum plant size. Unless otherwise specifically stated elsewhere in this chapter, all plant materials shall meet the following minimum size standards:
Planting in Buffer | ||||
|---|---|---|---|---|
Planting Size | ||||
Plant Material Type | Side or Rear Yards | All Other Plantings | ||
Canopy tree | ||||
Single stem | 10 feet (height) | 2 1/2-inch caliper | ||
Multistem clump | 6 feet (height) | 1 1/2-inch caliper | ||
Understory tree | 4 feet (height) | 1 1/2-inch caliper | ||
Evergreen tree | 3 feet (height) | 5 feet (height) | ||
Shrub | ||||
Deciduous | 18 inches (height) | 24 inches (height) | ||
Evergreen | 15 inches (height) | 12 inches (height) | ||
(4)
Plant material substitutions. The following plant material substitutions shall satisfy the requirements of this section:
(5)
No landscape feature, including any fence, wall, or solid screen planting more than three feet in height, shall be erected, placed or maintained within the required minimum front yard which obstructs visibility in such a manner as to interfere with the safe movement of vehicular traffic.
(6)
Plastic or other types of artificial plantings or vegetation shall not be permitted.
(7)
No permanent impervious surfacing shall be located around the base of any tree or shrub which may impede the growth of the tree or shrub.
(8)
All shrubs and trees shall be protected from possible damage inflicted by vehicles using the parking area or access drives by means of a raised curb placed at the edge of the pavement or other methods as approved by the Planning Board.
(9)
Unique natural areas and open spaces such as streams, ponds, marshes, steeply sloped areas and woodlands shall be preserved whenever possible.
(10)
All plantings shown on an approved site plan or special use permit application shall be maintained in a vigorous growing condition, and plants not so maintained shall be replaced with new plants at the beginning of the next growing season. The owner, tenant, and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping, which shall be maintained in good condition, so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris.
(11)
Landscaping shall be installed according to the plan which is approved as described above. Installation shall be completed within six months of the related improvements as defined in the approved application.
(12)
Where existing topography and/or landscaping provides adequate screening, the Planning Board may modify the planting and/or buffer area requirements.
(13)
All nonresidential uses must reserve a minimum of 30% of the total lot area in green space and landscaping. In cases where such reservation would impose an undue hardship on the development potential of a site, the Planning Board may modify this requirement.
(14)
When required by the Planning Board, landscape improvements must be guaranteed by a performance bond, letter of credit, or similar instrument on deposit with the Town of Canandaigua in an amount sufficient to finance complete installation of said improvements. Should landscaping not be completed by the owner, tenant, or lessee pursuant to this section, the Town of Canandaigua or its authorized representative shall be granted the de facto right to enter the premises for the purposes of completion of said landscaping.
(15)
The following requirements shall pertain to automotive use and parking areas:
(a)
All nonresidential zones.
[1]
Parking areas may be located in any yard space for nonresidential uses but shall not be located closer than 30 feet to the edge of the pavement of a road and no closer than 10 feet to any property line, except for property lying within the Route 332 Commercial District Overlay Area.
[2]
In addition, in all nonresidential zones, automotive uses shall be separated from the streetside property line by a vegetated, landscape buffer strip as required by the following:
Average Parking Lot Depth (depth from street line) (feet) | Minimum Required Buffer Width (as measured from property line) (feet) |
|---|---|
100 or less | 20 |
100.01 to 150 | 25 |
150.01 to 200 | 30 |
200.01 or more | 35 |
[3]
The Planning Board shall have the discretion to modify these buffer strip requirements upon an affirmative vote by 2/3 of the whole Board in cases where the Board determines that the existing building configuration or lot configuration either creates a hardship to the applicant in meeting these requirements, or in those cases where the aforementioned buffer strip requirements do not meet the goals of this section. The Planning Board shall not be obligated to reduce buffer and landscaping requirements for site plans where the site size for the proposed use is insufficient as determined by the standards contained in this chapter.
(b)
Residential zones. In all residential zones, parking and automotive use areas for nonresidential uses and parking areas for five or more vehicles for residential uses shall not be located in any front yard or any side yard as provided by this chapter. Such front and side yard areas shall be landscaped and vegetated with trees, shrubs, plants and grass lawns or vegetative ground cover.
(c)
All zoning districts.
[1]
In all districts, public and private parking lots or automotive use areas containing more than 10 parking spaces shall have at least one shade tree for each 10 parking spaces or portion thereof. Said trees shall be located within the paved area of the parking lot. Each tree shall be installed within a protected planting island with no less than 100 square feet of soil or permeable surface area per tree or within 10 feet of the pavement area. The trees shall be maintained by the owner and/or lessee of the property and shall not be cut down or otherwise removed when the lot is altered or enlarged. Said trees may be moved to another location on the lot upon approval by the Planning Board. Trees and their associated planting areas shall be located so as to provide visual relief and to assure safe traffic patterns of internal vehicular and pedestrian circulation.
[2]
For parking areas designed for more than 10 cars, a minimum of 5% of the interior of the parking area shall be devoted to landscaping. The arrangement and location of the landscaped area shall be dispensed throughout the parking areas so as to prevent unsightliness and monotony of parking cars.
§ 220-77 Lighting standards and regulations.
[Added 4-19-2021 by L.L. No. 4-2021]
A.
Purpose and intent. It is the purpose and intent of this section to:
(1)
Control outdoor lighting for the safety of motorists and pedestrians;
(2)
Aiding in law enforcement functions and reducing crime through the proper design and use of outdoor lighting to ensure nighttime appearance consistent with overall community goals or enhancing the attractiveness of businesses, streets and other portions of the environment;
(3)
Provide the regulatory framework to ensure the installation of safe and attractive outdoor lighting needed to protect the health, safety and welfare of the residents and visitors to the community;
(4)
Provide specific guidelines for site plan applications and standards in regard to lighting in order to maximize the effectiveness of site lighting;
(5)
Avoid unnecessary upward illumination and control unwanted illumination and light trespass onto neighboring properties, roadways and night sky;
(6)
Have all exterior lights and illuminated signs designed, located, installed and directed in such a manner as to prevent unreasonable light trespass and light glare.
B.
Applicability. All outdoor lighting shall be in conformance with the requirements of this section.
C.
General requirements for all mixed-use, multifamily, commercial and industrial zoning districts.
(1)
All outdoor lighting fixtures, including display lighting, shall be full cutoff, and turned off after close-of-business, unless needed for safety or security, in which case the lighting shall be reduced to the minimum level necessary and may operate on motion detectors/sensors.
(2)
Petroleum stations. Island canopy fixtures shall be completely recessed and full cutoff.
(3)
Recreational facilities, public or private. Lighting for outdoor recreational facilities shall be shielded according to the requirements set forth in Subsection D below.
(4)
All light fixtures that are required to be fully shielded shall be installed and maintained so that the shielding is effective.
(5)
All luminaires shall be "white light," including but not limited to metal halide, plasma, LED, and similar, for all outdoor lighting on new commercial or industrial uses.
(6)
The maximum height of a pole-mounted light fixture shall be 33 feet.
(7)
The maximum height of a building-mounted light fixture shall be 26 feet.
(8)
Upward aimed facade and building lighting shall be fully shielded and fully confined from projecting into the sky by the building eaves, roofs, overhangs or structures and shall be mounted as flush with the illuminated wall as possible.
D.
General requirements for all residential zoning districts.
E.
Regulations applicable to all zoning districts.
(2)
Light source visibility. The visibility of the light source inside a luminaire shall be restricted; the direct light shall not be visible above six feet at the adjoining public roadway pavement edge or 25 feet beyond the property line.
(3)
No installation of new luminaries shall be permitted unless in conformance to this section.
F.
Exceptions to all zoning districts.
(1)
Any outdoor luminaire having initial source lumens of 900 or less, provided that no direct light causes glare on adjoining roadways.
(2)
Temporary lighting for events such as circus, fair, carnival or other civic uses.
(3)
Construction or emergency lighting, provided such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting.
(4)
Temporary lighting for holiday events.
(5)
Lighting associated with agricultural uses.
G.
H.
Submittal requirements for commercial, industrial, mixed-use and multifamily uses.
(1)
All applications for site plan approval, or for a special use permit, shall require a lighting plan showing conformity with standards contained in this section.
(2)
Such lighting plan shall indicate the location, type of lamp, color of lamp, luminaire, mounting height, source of lumens, illuminance, light loss factor utilized in calculations and adherence to full cutoff requirement, for each light source and area.
(3)
An illuminance plan is required with isofootcandle levels shown, detailing the interaction of all lighting on the site.
(a)
Illuminance plan shall detail lighting levels beyond parcel boundary to 0.1 footcandles.
(b)
Illuminance plan shall be in footcandles at grade level.
(c)
Illuminance plan shall provide statistical data for parking areas, pedestrian areas, traffic areas, and any additional areas which are of relevance.
(4)
Any additional documentation necessary to show conformance to the standards, such as hours of operation, set forth in this section shall also be provided.
(5)
Additions or changes to an approved lighting plan shall be considered under the site plan review provisions of this chapter.
I.
Illuminance and uniformity.
(1)
Light levels shall be designed to meet but not to exceed the latest recommended levels from IESNA for the type of activity/area being lighted except light levels for ATMs, which shall be in accordance with the New York State ATM Safety Act.[1] Where no standard is available from IESNA, the applicable standard shall be determined by the Planning Board, if approval is required, taking into account the levels for the closest IESNA activity.
(2)
Uniform light levels shall be achieved on the site. The uniformity ratio (average to minimum) shall not exceed 3:1 for parking and traffic areas, nor 4:1 for pedestrian areas.
(3)
Design should establish a hierarchy of lighting to insure a smooth transition from bright areas to those with subdued lighting.
(4)
Maximum to average light levels should be kept within a six-to-one ratio. Light levels shall be maintained at design levels with lamp or luminaire replacement as needed.
J.
Nonconforming lighting. All outdoor lighting lawfully existing prior to the effective date of this chapter shall be deemed preexisting nonconforming to this section, except that:
(1)
No light causing glare on adjoining roadways shall be allowed to continue. The Zoning Officer may make a determination regarding outdoor lighting that causes a glare on adjoining roadways.
(a)
The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such ordinance or local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.
(2)
Any application for renewal of a special use permit, site plan approval, or an amendment to a site plan, or sign site plan may require that any aspect of the subject property be subject to compliance with these regulations, regardless of whether or not the application involves new site lighting subject to the decision of the Planning Board.
K.
Waterfront lighting. Outdoor lighting in and around the ponds, lakes, rivers, and other waters within the Town shall be installed or maintained so as not to create a hazard to other property owners and shall comply with the following:
(1)
Lights on docks shall be no more than three feet above the dock, shall be directed downward and be full cutoff fixtures.
(2)
Lights illuminating paths, stairs, decks, etc., shall prevent direct light on the water and shall not direct light upwards.
(3)
All exterior lighting shall be located, mounted and shielded, so that direct illumination is not focused towards the water surface more than 20 feet from shore.
(4)
Lighting shall not be installed below the mean high-water mark of Canandaigua Lake.
(5)
Lighting under the roof of boat stations shall be allowed.
§ 220-77.1 Solar energy.
[Added 12-19-2016 by L.L. No. 10-2016; amended 2-27-2023 by L.L. No. 2-2023]
A.
Applicability. The requirements of this section shall apply to all solar energy systems installed or modified in the Town of Canandaigua, excluding general maintenance and repair.
B.
Solar energy systems as accessory use or accessory structure.
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems that use the electricity on site or off site are permitted as an accessory use in all zoning districts when attached to any lawfully existing and lawfully permitted building.
(b)
Height. Roof-mounted solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are provided the same height exemptions granted to building-mounted mechanical devices or equipment.
(c)
Aesthetics. Roof-mounted solar energy system installations shall incorporate, when feasible, the following design requirements:
(2)
Small-scale solar energy systems.
(a)
Small-scale solar energy systems that use the electricity primarily on site are permitted as accessory structures in the following zoning districts: AR-1 Agricultural Rural Residential, AR-2 Agricultural Rural Residential, RR-3 Rural Residential, R-1-20 Residential, R-1-30 Residential, SCR-1 Southern Corridor Residential.
(b)
Setbacks. Small-scale solar energy systems shall adhere to the setback requirements for accessory structures of the underlying zoning districts.
(c)
Height. Small-scale solar energy systems shall not exceed 10 feet in height.
(d)
Lot coverage. Small-scale solar energy systems are limited to 10% total lot coverage. The surface area covered by small-scale solar panels shall be included in the total lot coverage. The entire surface area of the solar panels shall be included in the total area regardless of the method by which the panels are supported or attached to the ground, or the angle at which they are placed.
(e)
Small-scale solar energy systems shall not exceed 1,000 square feet in total area without obtaining a special use permit. The entire surface area of the solar panels shall be included in the total area regardless of the method by which the panels are supported or attached to the ground, or the angle at which they are placed.
(f)
All such systems in residential zoning districts shall be installed in the side or rear yards.
C.
Large-scale solar ground-mounted systems as a special use. Large-scale ground-mounted solar energy systems may be permitted through the issuance of a special use permit, subject to the requirements set forth in § 220-62.2.
D.
Abandonment and decommissioning. Solar energy systems shall be considered abandoned after 12 consecutive months without electrical energy generation and must be removed from the property. Applications for extensions can be made to the Planning Board, which shall have authority to grant six-month extensions.
E.
Permits and applications. A site development permit shall be required for any type of solar energy system installed within the Town of Canandaigua.
(1)
No site development permit shall be issued for a small-scale solar energy system in a front yard.
(2)
No site development permit shall be issued for a large-scale solar energy system unless and until the Planning Board has issued a special use permit pursuant to Town Code § 220-62.2.
(3)
Application fees for the following permits shall be set by the Town Board in the Town Fee Schedule:
(4)
Nothing contained herein shall be construed to eliminate the requirements for site plan approval or other permits contained elsewhere in this Town Code.