[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.
(d)
The maximum separation required by §
220-9V(2),
(3), or
(4) shall be maintained between two driveways located on any one frontage.
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.
(3) Lighting shall comply with the requirements of Town Code §
220-77.
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.
(2) Exemptions:
(a)
All single-family dwellings and two-family dwellings; or
(b)
Generally accepted agricultural operation or practice occurring
within an established Ontario County Agricultural District, and temporary
farm stands; or
(c)
As otherwise stated within Chapter
220.
(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.
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.
[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.
(1) All
outdoor lighting fixtures shall be shielded from adjacent residential
properties or public right-of-way.
(2) The
maximum light trespass at the property line shall be 0.25 footcandle.
(3) The
maximum height of a pole-mounted light fixture or a building-mounted
light fixture shall be 20 feet.
E. Regulations
applicable to all zoning districts.
(1) All
outdoor luminaires whose initial source lumens are greater than 900
must meet the following requirements:
(a) Have a cutoff angle of 90° or less (full cutoff).
(b) Canopy lights must be recessed and full cutoff.
(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. Prohibited
lighting:
(1) Prohibited
lighting for all uses.
(a) All moving, revolving and flashing lights for promotional purposes.
(b) Laser source lighting or any similar high-intensity light for outdoor
advertising or entertainment, when projected above the horizon, is
prohibited.
(2) All
exterior lights and illuminated signs shall be designed, located,
installed and directed in such a manner as to prevent glare on adjoining
roadways.
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. 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.
[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:
[1] Panels facing the front yard must be mounted at
the same angle as the roof's surface with a maximum distance of 18
inches between the roof and the highest edge of the system.
[2] Solar energy systems should be color-compatible
with the primary structure.
(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:
(a)
Site development permit for solar energy system as an accessory
structure;
(b)
Site development permit and special use permit for a small-scale
solar energy system;
(c)
Site development permit and special use permit for a large-scale
solar energy system.
(4)
Nothing contained herein shall be construed to eliminate the
requirements for site plan approval or other permits contained elsewhere
in this Town Code.