This chapter shall be known as the "City of
Canandaigua Zoning Ordinance."
A.
Intent. The purpose of this Zoning Ordinance and the
intent of the legislative authority in its adoption are to promote
and protect to the fullest extent permissible the environment of the
City of Canandaigua and its public health, safety, convenience, comfort,
prosperity and the general welfare by regulating the use of buildings,
other structures and land for residences, open space, public facilities,
business, services, industry and other purposes; by regulating and
restricting the bulk, height, design, lot coverage and location of
structures; by regulating and limiting population density; and, for
the aforesaid purposes, to divide the land within the limits of the
City into districts of such number and dimensions in accordance with
the Comprehensive Plan of the City, as the same shall be from time
to time amended, and to provide procedures for the administration
and amendment of the Zoning Ordinance.
B.
Objectives. This chapter is intended to achieve, among
others, the following objectives:
(1)
To protect the character and values of residential,
institutional and public uses, business, commercial and manufacturing
uses, and to insure their orderly and beneficial development;
(2)
To provide adequate open spaces for light, air and
outdoor uses to include public, common and private open space areas;
(3)
To prevent overcrowding of land;
(4)
To prevent excessive concentration of population and
to prevent uncoordinated development;
(5)
To regulate and control the location and spacing of
buildings on the lot and in relation to the surrounding property so
as to carry out the objectives of the Comprehensive Plan of the City
and of this chapter;
(6)
To protect persons and property from damage and injury
due to fire, flood, explosion, noxious fumes and other hazards in
the interest of the public health, safety, comfort and general welfare;
(7)
To provide for the enhancement, perpetuation and use
of places, districts, sites, building, structures, works of art, and
other objects having a special character or special historical or
aesthetic interest or value;
(8)
To preserve, restore and maintain the historical,
architectural, archeological and cultural environment;
(9)
To preserve and protect significant natural features
and vegetation, thereby preventing ecological damage and visual blight
which occur when those features or vegetation are unnecessarily eliminated
or substantially altered through development;
(10)
To assure that structure and land use arrangements
are aesthetically harmonious with nearby areas and structures;
(11)
To regulate the location of buildings and density
of uses in relation to streets according to plans so as to cause the
least interference with and damage by traffic movements, resulting
in reduced street congestion and improved public safety;
(12)
To establish zoning patterns that insure economical
extensions for sewers, water supply, waste disposal and other public
utilities, as well as the development of recreational, educational
and other public facilities;
(13)
To guide the future development of the City
so as to bring about the eventual conformity of land and building
uses in accordance with the objectives of the Comprehensive Plan of
the City and of this chapter;
(14)
To protect property values and minimize distracting
and unnecessary visual pollution from the unregulated use of signs
and other advertising devices.
(15)
To accomplish such other goals and intents as
may be stated elsewhere in this chapter.
A.
In their interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements adopted
for the promotion of the public health, safety, comfort, convenience
and general welfare and to accomplish the intent thereof. Except as
may be specifically provided herein, it is not intended by this chapter
to repeal, abrogate or annul or in any way to impair or interfere
with any existing provision of the law or ordinance, or any rules,
regulations or permits previously adopted or issued relating to the
use of structures and land and the design, erection, alteration and
maintenance of structures thereon; nor is it intended by this chapter
to interfere with or abrogate or annul any plat restrictions, easements,
covenants or other agreements between parties; provided, however,
that where this chapter imposes a greater restriction upon the use
of structures or land, or upon the height or bulk of buildings, or
requires larger land or building areas, yards, courts or other open
spaces than are otherwise imposed or required by such existing provisions
of law or ordinance, or by such rules, regulations or permits, or
by such plat restrictions, easements, covenants or agreements, the
provisions of this chapter shall control. Conversely, other regulations
shall control where they impose greater restrictions than this chapter,
and for that purpose it shall not annul, modify or impair the provisions
of any existing deed or plat restrictions, easements or other agreements.
B.
For the purposes of this chapter, all words used in
the present tense include the future tense. All words in the plural
number include the singular number, and all words in the singular
include the plural number, unless that natural construction of the
word indicated otherwise. The word "person" includes a firm, association,
organization, partnership, trust, estate, company or corporation as
well as an individual. The word "shall" is mandatory and directory.
The word "may" is permissive. The word "used" includes "arranged,"
"designed," "constructed," "leased," "rented," "intended to be used,"
or "arranged to be used."
C.
Titles and headings have been inserted for convenience
of reference and are not intended to define the scope of or otherwise
affect any provision in this chapter.
Any land hereinafter annexed to or consolidated
with the City of Canandaigua shall be deemed temporarily to be zoned
R-1A until said land is reclassified by amendment to this chapter.
Whenever the requirements of this chapter are
at variance with the requirements of any other lawfully adopted rules,
regulations, or ordinances, the most restrictive or those imposing
the higher standards shall control.
In case any section or provision of this chapter
shall be held invalid in any court, the same shall not affect any
other section or provision of this chapter, except so far as the section
or portion so declared invalid shall be inseparable from the remainder
or any portion thereof.
A.
Any person who uses or maintains, or causes to be
used or maintained, any building, structure or premises or any part
thereof for any purpose other than the uses permitted therefor by
this chapter, or who erects, enlarges, moves, alters or maintains,
or causes to be erected, enlarged, moved, altered or maintained, any
building, structure or part thereof, except in accordance with the
provisions of this chapter or any regulation made under authority
conferred thereby, or who uses or maintains, or causes to be used
or maintained, any building, structure or any part thereof, other
than in conformity with the provisions of this chapter, or who otherwise
violates or causes to be violated any provision of this chapter, or
who allows any violation of any provision of this chapter on premises
owned or leased by him, or otherwise under his control, including
his agent, contractor, or land contract vendee, or any person who
shall violate or fail to comply with any order, notice, or regulation
made hereunder; or who shall build in violation of any statement,
assurance, specification or plan submitted thereunder; or who shall
violate any permit or certificate of occupancy issued thereunder;
or who shall continue to work upon any structure or continue any use,
occupancy or any other prohibited activity after service of notice
in writing from the City of Canandaigua or its authorized agent to
desist therefrom, shall have committed a violation of this chapter.
B.
Where any offense hereunder involves the violation
of an order or notice made under this chapter, service of any such
order or notice shall be in writing and sufficient if directed to
the owner, agent of the owner, land contract vendee, or the contractor,
and left at the last known place of business or residence of the owner,
agent of the owner, land contract vendee, or the contractor, if within
the City of Canandaigua. If no such place of business or residence
can be found after due diligence, then service of the notice shall
be sufficient if posted in a conspicuous place on the premises which
are the subject of the violation.
C.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction, be punishable by a fine not
exceeding $250 or imprisonment for not more than 15 days, or both
such fine and imprisonment. Each day on which any such violation continues
shall constitute a separate offense.
[Amended 6-26-1986 by Ord. No. 86-7; 5-3-2007 by L.L. No.
1-2007]
D.
Repeat
inspection fees.
[Added 9-3-2009 by Ord. No. 2009-009]
(1)
In
addition to all other applicable fees established by City Council,
whenever the Zoning Officer has notified a property owner in writing
of any violation of the Municipal Code, or any other appropriate law,
and within two years of that written notification a subsequent notice
of violation or order of violation is issued to the same property
owner for a violation of the same code or standard then a repeat inspection
fee may be assessed for each subsequent notice of violation or order
of violation that is sent to the property owner by the Zoning Officer
by regular mail and posting on the property, or by personal service.
[Amended 8-1-2019 by Ord.
No. 2019-003]
(2)
The
responsibility for payment of the repeat inspection fee shall rest
with the owner of record. Failure to pay the fee shall result in imposition
and foreclosure of a lien on the property. Unpaid inspection fees
shall become and be a lien upon the real property and shall be added
to and become a part of the taxes next to be assessed and levied upon
such property and shall bear interest at the same rate as taxes and
shall be collected and enforced by the same officer and in the same
manner as taxes.
A.
The City Council may from time to time on its own
motion, or on petition, or on recommendation of the Planning Commission,
amend, supplement, or repeal the regulations and provisions of this
chapter, all in accordance with the procedures herein and under § 83
of the General City Law of the State of New York.
B.
Every such proposed amendment or change, whether initiated
by the Council or by petition, shall be referred to the Planning Commission
for report thereon before the public hearing hereinafter provided
for. If the Planning Commission shall fail to file such a report within
30 days after receiving such referral, it shall be presumed conclusively
that the Planning Commission has approved the proposed amendment,
supplement or change.
C.
The Council by resolution adopted at a regular meeting
shall fix the time and place of a public hearing on the proposed amendments
and cause notice to be given as follows:
(1)
Public notice. By publishing a notice once each week
for two consecutive weeks in at least one newspaper of general circulation
in Canandaigua; such notice shall state the general nature of the
proposed amendments in such reasonable detail as will give adequate
notice of its contents, and shall name the place or places where copies
of the proposed amendment may be examined.
(2)
Personal notice. By mailing a copy of such notice
to every association of residents of the City which shall have registered
its name and address for this purpose with the City Clerk/Treasurer.
(3)
Opportunity to be heard at hearing. At the public
hearing, full opportunity to be heard shall be given to any citizen
and all parties in interest.
D.
In case of either an adverse recommendation by the
Planning Commission against any proposed amendment, or of a protest
against and proposed amendment signed by 20% or more of the property
owners of the area of a) the land included in such proposed change,
b) the land immediately adjacent extending 100 feet therefrom, and
c) the land directly opposite thereto extending 100 feet from the
street frontage of such opposite land, then such amendment shall not
become effective except by a favorable vote of 3/4 of the Council.
No building shall hereafter be erected and no
existing building shall be moved, structurally altered, rebuilt, added
to or enlarged, nor shall any land be used for any purpose other than
those included among the uses listed as permitted uses in each zone
district by this chapter and meeting the requirements set forth in
the appended schedule. Nor shall any open space contiguous to any
building be encroached upon or reduced in any manner, except in conformity
to the area and bulk requirements, off-street parking requirements,
and all other parking regulations designated in the schedule [1] and this chapter for the zone district in which such building
or open space is located. In the event of any such unlawful encroachment
or reduction, such building or use shall be deemed to be in violation
of this chapter and, in addition to any other remedies, the certificate
of occupancy shall become void.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
A.
No persons, firm or corporation shall strip, excavate,
or otherwise remove topsoil for sale or use other than on the premises
from which taken, except in connection with the construction or alteration
of a building on such premises and excavating or grading incidental
thereto, unless otherwise specified in this chapter.
B.
Existing natural features such as trees, brooks, drainage
channels and views shall be retained. Whenever such features interfere
with the proposed use of such property, a retention of the maximum
amount of such features consistent with the use of the property shall
be required.
[Added 6-5-2014 by Ord.
No. 2014-006]
A.
Findings.
The City Council of the City of Canandaigua finds, declares and determines
that the exploration for natural gas, the extraction of natural gas
and the storage, transfer, treatment or disposal of natural gas exploration
and production wastes in the urban environment of Canandaigua poses
a significant threat to its residents’ health, safety and welfare.
If natural gas exploration or extraction or the storage, transfer,
treatment or disposal of natural gas exploration and production wastes
were to occur within the City, this activity would endanger the health,
safety and welfare of City residents through the deposit of toxins
into the air, soil, water, environment and the bodies of residents
within the City. Clean air and water are essential to most resources
and activities in the Canandaigua area, and the quality of the air
and the water will be degraded by natural gas exploration and extraction
activities and/or the storage, transfer, treatment or disposal of
natural gas exploration and production wastes, and natural gas exploration
and extraction activities and the storage, transfer, treatment or
disposal of natural gas exploration and production wastes may presently
or in the future cause irreparable harm to the City’s water
supply, and pollution of the water, soil, and air. This section is
not directed at the regulatory scheme for the operation of natural
gas wells under the Environmental Conservation Law § 23-0101,
the Oil, Gas and Solution Mining Law of New York State. It only addresses
land use and nuisance concerns and the protection of the health, safety
and welfare of the people of the City of Canandaigua and the enhancement
of its physical environment.
B.
EXPLORATION
NATURAL GAS
NATURAL GAS EXPLORATION AND PRODUCTION WASTES
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Geologic or geophysical activities related to the search
for natural gas or other subsurface hydrocarbons, including prospecting,
geophysical and geologic seismic surveying and sampling techniques,
which include but are not limited to core or rotary drilling or making
an excavation in the search and evaluation of natural gas deposits.
Any gaseous substance, either combustible or noncombustible,
which is produced in a natural state from the earth and which maintains
a gaseous or rarified state at standard temperature or pressure conditions,
and/or gaseous components or vapors occurring in or derived from petroleum
or other hydrocarbons.
Any garbage, refuse, sludge, or other discarded materials,
including solid, liquid, semisolid, or contained gaseous material
that results from the exploration, drilling or extraction of natural
gas.
C.
Prohibited
uses.
(1)
No person, firm or corporation shall conduct any exploration for
natural gas; drill any well for natural gas; transfer, store, treat,
or dispose of natural gas exploration or production wastes; or erect
any derrick, building, or other structure or place any machinery or
equipment for such purpose within the territorial boundaries of the
City of Canandaigua.
(2)
The storage, transfer, treatment and/or disposal of natural gas exploration
and production wastes are hazardous wastes within the meaning of this
code. No person, firm or corporation shall engage in the storage,
transfer, treatment and/or disposal of natural gas exploration and
production wastes within territorial boundaries of the City of Canandaigua,
including but not limited to the use of pipelines, flowlines, gathering
lines, sweetening plants, separators, processing facilities, compression
facilities, carbon dioxide removal facilities, bulk storage plants,
hydrogen sulfide removal facilities, dehydration facilities, compressor
stations, metering facilities, waste pits, chemical mixing or storage
tanks, flowback pits or tanks, water and chemical mixture transfer
and hauling stations.
D.
No permit
issued after the effective date of this section, by any state or federal
agency, commission or board to any person, firm or corporation, which
would violate the prohibitions of this section, shall be deemed valid
within the City of Canandaigua.
[Amended 6-11-1987 by Ord. No. 11-87; 10-28-1993 by Ord. No.
93-20; 11-18-1999 by Ord. No. 99-006; 3-1-2001 by Ord. No.
2001-002]
A.
Exclusive of multifamily developments, no lot in a
residential or office district shall have erected on it more than
one primary building. No existing accessory structure upon said lot
shall be converted or expanded for residential use. No yard or other
open space provided about any building for the purpose of complying
with the provisions of this chapter shall be considered to provide
a yard or open space for any other building.
B.
An accessory building attached to a primary building
shall comply in all respects with the yard requirements of this chapter
for the primary building. Detached accessory buildings shall be located
to the rear of the front building line of the primary building and
shall conform to the rear and side yard requirements of this chapter.
C.
Every primary building shall be built upon a lot which
abuts, and has right of automotive access to, a street improved to
meet the City's standards and specifications.
D.
At the intersection of two or more streets, or at
the intersection of a driveway and a street, no hedge, fence or wall
(other than a single post or tree) which is higher than three feet
above curb level, nor any obstruction to vision, shall be permitted
in the triangular area formed by the intersecting street or street/driveway
lines and a line joining each 30 feet distant from said intersection
along said street line and/or driveway line.
E.
Where a building lot has frontage on a street which
is proposed for right-of-way widening, the required front yard area
shall be measured from such right-of-way line.
F.
No front yard shall be used for open storage or parking
of boats, vehicles, travel trailers, snowmobiles, trailers and campers
or other recreational vehicles, except for parking on clearly defined
and recognizable driveways or parking areas. Stored boats, vehicles,
travel trailers, snowmobiles, trailers and campers or other recreational
vehicles must be owned and/or leased via a bona fide lease by a resident
of the premises, and no undeveloped residential lots shall be used
for such storage.
(1)
Travel trailers.
(a)
A travel trailer may be parked in the rear yard
of any residential lot behind the rear house foundation or the same
extended laterally.
(b)
No more than one travel trailer may be parked
on any residential lot.
(c)
No travel trailer may be parked closer than
four feet to any lot line.
(d)
No travel trailer may be used as living or sleeping
quarters within the City.
(f)
A travel trailer may be parked in the side yard
of any residential lot if rear yard parking is impractical because
of size, contour, or other physical difficulties, after application
to, and approval by, the Zoning Board of Appeals.
(2)
No front yard shall be used for storage of junked
or abandoned vehicles or for the storage of any appliances.
G.
Except as otherwise provided herein or by specific
resolution of the City Council, no display of goods or vending machines
may be placed on any public sidewalk or right-of-way except in a C-2
Zone, where merchandise and vending machines may extend upon the sidewalk
no more than eight feet from the adjacent building. In all other C
Zones, merchandise may extend four feet from adjacent buildings, but
shall not be on any public sidewalk.
[Amended 5-3-2007 by L.L. No. 1-2007]
H.
All yards, open space and required off-street parking
must be provided and contained within the district in which the use
is permitted.
I.
All yards fronting on a street shall be considered
front yards and shall conform to the minimum front yard requirement
for the district in which located.
J.
When a new lot is formed so as to include within its
boundaries any part of a former lot on which there is an existing
building or use, the subdivision must be carried out in such a manner
as will not infringe upon any of the provisions of this chapter, either
with respect to any existing structures or use or any proposed structures
or use.
K.
The surface of the front yard at the front wall of
any dwelling shall be not less than one foot above the elevation of
the center line of the traveled way of the street or highway measured
at the midpoint between the sidelines of the lot, except when adequate
drainage is provided.
L.
The provisions of this chapter shall not apply to
customary local utility distribution or collection lines for water,
gas, telephone or electric service.
M.
Parabolic or "dish" antennas shall not be permitted
in front yards and shall be located so as to comply with setback requirements
for accessory structures if located in a side or rear yard.
N.
No commercial use and occupancy may occur until a zoning certificate is obtained from the City of Canandaigua Zoning Officer, which indicates that the intended use of the property and/or structure is authorized under Chapter 850 of the City's Municipal Code. A separate zoning certificate must be obtained for every new or change of use, occupancy, tenant, or owner of each property.
[Added 11-7-2013 by Ord.
No. 2013-010]
