[Amended 3-3-1994 by Ord. No. 94-001; 11-19-1998 by Ord. No.
98-012]
A. Permitted primary uses:
(1) Hospitals and nursing homes.
(2) Professional offices for medical doctors and other
licensed/registered practitioners of Homo sapien healing arts.
(4) Medical research, experimental and testing laboratories.
(5) Enriched housing facilities.
(6) Proprietary home or adult care home.
(7) Offices for health-related service providers.
(8) Paramedic, medical transport and ambulance service
providers.
(9) Medical,
dental and optical supplies and equipment sales and rental.
[Added 6-3-2010 by Ord. No. 2010-007]
B. Permitted accessory uses:
[Amended 4-7-2005 by Ord. No. 2005-004]
(1) The following uses are permitted within a facility
devoted to a permitted primary use, as incidental and subordinated
uses, provided that no such use shall have a separate exterior building
entrance for customer use nor any exterior signage or exterior window
display, and that the total floor area devoted to all such uses shall
not exceed 20% of the floor area of the primary use: cafeterias and
coffee shops; prescription drug sales; greeting card, gift, book and
florist shops; conference rooms and classrooms; exercise and fitness
facilities; barber and beauty shops; and automatic teller machines.
[Amended 6-3-2010 by Ord. No. 2010-007]
(2) Signs, fences, landscaping, off-street parking and loading and unloading ramps subject to the provisions of Article
VIII, Special Regulations, of this chapter.
(3) Private garage space for vehicles, maintenance buildings
and equipment storage buildings up to 1,000 square feet in area, used
in conjunction with a permitted use or a use allowed by special permit.
C. Uses permitted with a special use permit:
[Amended 4-7-2005 by Ord. No. 2005-004]
(1) Public utility uses, exclusive of office buildings,
maintenance yards and equipment storage yards.
(2) Appropriate public and semipublic uses of an institutional,
educational, recreational, religious, or cultural nature.
(4) Professional offices (not health-related).
(5) Day-care facilities, adult and child.
[Added 4-28-1988 by Ord. No. 88-2; amended 1-28-1993 by Ord. No. 93-01; 11-19-1998 by Ord. No. 98-012; 10-18-2001 by Ord. No. 2001-013]
A. Permitted primary uses:
(1) Limited retail, service, and office uses in localized
commercial areas located adjacent to residential neighborhoods. Such
uses include:
(a)
Butcher shops, grocery stores.
(b)
Professional office uses, including physicians,
dentists, chiropractors, optometrists, architects, landscape architects,
surveyors, insurance brokers, realtors, accountants, financial advisors,
engineers, lawyers, and other recognized professions.
(c)
Drugstores and medical supply stores, gift shops,
florists, newsrooms, and bookstores.
(d)
Barber- and beauty shops.
(e)
Clothing, accessory, fabric and jewelry stores.
(f)
Home improvement stores including sales of hardware,
appliances, furniture, paint, wall coverings, window coverings, floor
coverings, and cabinetry, but excluding lumberyards and garden supply
stores.
(g)
Dressmakers, tailors, shoe repairs, and similar
personal services.
(h)
Self-service laundries and dry-cleaning establishments.
(j)
Antique shops, art galleries, and art shops
including artist supply shops and framing shops.
(k)
Instructional studios including dancing, music,
art, exercise and fitness centers.
(l)
Studios for artists and photographers.
B. Permitted accessory uses:
(1) Private garage space for storage of commercial vehicles
used in conjunction with a permitted use; storage buildings of 165
square feet or less in area which are accessory to permitted uses.
(2) Signs, fences, landscaping, off-street parking and loading and unloading ramps subject to the provisions of Article
VIII, Special Regulations, of this chapter.
(3) Electronic, mechanical, or computerized amusement
devices operated by coins or tokens or for a fee, provided that the
use of such devices is clearly incidental to the principal business
use.
C. Uses permitted by special use permit:
(1) Public utility uses, exclusive of maintenance buildings
and yard and equipment storage yards.
(2) Appropriate public or semipublic uses including uses
of an institutional, educational, recreational, religious or cultural
nature.
(3) Social halls, lodges, fraternal organizations and
clubs.
(4) Residential uses within a structure in combination
with other permitted uses.
(5) Full-service and carry-out restaurants (excluding
drive-through restaurants).
D. Additional provisions and requirements for the C-1
Restricted Commercial District.
(1) Any permitted commercial establishment which disposes
of food waste shall provide, on site, adequate garbage storage facilities,
which are so designed as to allow no view of the trash from the public
right-of-way, to prevent the waste from blowing onto the site or adjacent
properties or public right-of-way, and to permit safe and easy removal
of trash by truck or by hand.
[Amended 7-14-1988 by Ord. No. 88-2; 5-11-1989 by Ord. No. 89-9; 1-28-1993 by Ord. No. 93-01; 4-6-1995 by Ord. No.
95-003; 11-19-1998 by Ord. No. 98-012; 10-18-2001 by Ord. No.
2001-013; 3-21-2002 by Ord. No. 2002-001; 5-4-2006 by Ord. No.
2006-006]
A. Primary permitted uses in the C-2 Zone District:
(1) C-2A Main Street Central Business District. The use
of any ground-floor-level space with an entrance that abuts the South
Main Street sidewalk in the C-2 District shall be limited to the following
primary permitted uses:
[Amended 4-3-2008 by Ord. No. 2008-004]
(a)
Retail stores including the following:
[1]
Department stores and general merchandise stores.
[2]
Clothing, accessory, jewelry, and shoe stores;
leather goods and luggage shops.
[3]
Stationery, office supply, and office equipment
sales and service.
[4]
Electronic equipment sales, service and rental
stores, including computers, televisions and radios, video equipment,
etc.; sales of musical equipment, recordings and tapes.
[5]
Drugstores and medical equipment stores, optical
and eye wear stores, gift shops, florists, bookstores, newsrooms,
tobacco stores, cannabis retail dispensaries, package liquor stores.
[Amended 5-6-2021 by Ord. No. 2021-002]
[6]
Furniture stores, paint and wallpaper stores,
floor covering and custom kitchen stores, hardware stores, household
appliance stores, window covering and home decorating stores, garden
supply stores.
[7]
Antique and art shops, art galleries, artist
supply shops, framing shops, art-metal craft shops, ceramics stores.
[8]
Sewing machine, fabric, and needlecraft stores.
[9]
Sporting and athletic goods stores, bicycle
shops, craft, hobby and novelty shops, toy stores, camera and photographic
equipment sales, pet shops, auto parts stores, monument works.
[10] Butcher shops, grocery stores.
(b)
Service establishment including the following:
[1]
Banks, credit unions, and financial institutions.
[2]
Places of public assembly for conferences, conventions
and banquets.
[4]
Movie theaters, excluding outdoor theaters.
[5]
Barbershops and beauty salons, tanning parlors.
[6]
Bus stations (ticket sales and passenger waiting
areas) excluding bus terminals.
(2) C-2B Side Streets Central Business Districts. The
following uses shall be primary permitted uses on the ground floor
level:
(a)
All uses permitted in Subsection
A(1).
(b)
Printing and copying services.
(c)
Self-service laundries and dry-cleaning establishments.
(e)
Small equipment repair shops: plumbing, heating
and ventilating sales and services; upholstery and furniture repair
shops.
(f)
Auto glass and upholstery shops, auto repair
garages.
(g)
Clothing alterations and tailoring, custom clothing
manufacturing for retail on premises only, shoe repair, art needle
work.
(h)
Jewelry manufacturing (from precious metals)
and repairs.
(i)
Medical and dental testing laboratories, not
involving any danger of fire or explosion nor offensive noise, vibration,
smoke, dust, odor, heat, glare, or other objectionable influences.
(k)
Photographic and video processing labs.
(l)
Package shipping (receiving) services and direct
mailing services not including parcel delivery service terminals.
(n)
Business, professional, commercial and governmental
offices.
(o)
Health clubs or facilities, exercise and fitness
centers, studios for instruction in martial arts, dance, music, art
and theater.
[Added 4-3-2008 by Ord. No. 2008-005; amended 9-16-2010 by Ord. No. 2010-011]
(3) C-2A and C-2B upper stories: The following uses shall
be primary permitted uses on the second and third levels of any structure
in the C-2A and C-2B districts:
(a)
All uses permitted in Subsection
A(1) and
(2).
(b)
Business, professional, and governmental offices.
(c)
Business schools and colleges, photographers'
studios, artists' studios, radio and television studios, telephone
and telegraph exchanges.
[Amended 9-16-2010 by Ord. No. 2010-011]
(e)
Social halls, lodges, fraternal organizations
and clubs.
B. Permitted accessory uses:
(1) Private garage space for storage of vehicles used
in conjunction with a permitted use; storage buildings of 165 square
feet or less in area which are accessory to permitted uses.
(2) Signs, fences, landscaping, off-street parking and loading ramps subject to the provisions of Article
VIII, Special Regulations, of this chapter.
(3) Electronic, mechanical, or computerized amusement
devices operated by coins or tokens or for a fee, provided that the
use of such devices is clearly incidental to the principal business
use.
C. Uses permitted in the C-2 with a special use permit:
(1) Public utility uses, exclusive of maintenance buildings
and yards and equipment storage yards.
(2) Residential uses within a structure in combination
with other permitted uses, provided that such residential uses are
located elsewhere than on the ground floor.
(3) Appropriate public or semipublic uses including uses
of an institutional, educational, recreational, religious or cultural
nature.
(4) Restaurants, excluding drive-through restaurants.
(6) Taxicab dispatch offices.
(8) Drinking establishments, eating and drinking establishments
and night clubs.
D. Additional provisions and requirements for the C-2A
and C-2B Business Districts.
(1) Accessways to control ingress and egress of motor vehicle traffic shall be regulated as required in §
850-53 of this chapter, unless otherwise specifically provided for.
(2) Notwithstanding the provisions of Schedule II, which
specify that off-street parking shall not be required to serve specific
uses in the C-2A District, any permitted business use must have sufficient
on-premises off-street parking space for vehicles which are owned
or leased by the business and customarily stored at or near the place
of business, including delivery vehicles, so that public parking spaces
may be kept available for customer and employee parking.
(3) The requirements of §
850-52 for off-street loading and unloading provisions shall apply within the C-2B Side Street Central Business District.
(4) Any permitted commercial establishment which disposes
of food waste shall provide, on site, adequate garbage storage facilities,
which are so designed as to allow no view of the trash from the public
tight-of-way to prevent the waste from blowing onto the site or adjacent
properties or public right-of-way and permit safe, easy removal of
trash by truck or by hand.
[Amended 7-14-1988 by Ord. No. 88-2; 2-23-1989 by Ord. No. 89-5; 1-28-1993 by Ord. No. 93-01; 9-19-1996 by Ord. No.
96-008; 11-19-1998 by Ord. No. 98-012; 3-21-2002 by Ord. No.
2002-001]
A. Primary permitted uses in the C-3 Zone District:
(1) All uses permitted in the C-1 and C-2 districts.
[Amended 12-1-2016 by Ord. No. 2016-013]
(2) Heavy commercial uses including the following:
(a)
Automobile, motorcycles and trailer sales and
repairs.
(b)
Building material yards, roofing.
(d)
Carpentry, including custom woodworking and
furniture making.
(g)
Household and office equipment and machinery
repairs.
(h)
Laundries, linen, towel and diaper supply services.
(i)
Machinery rental and sales.
(j)
Mirror silvering and glass cutting.
(l)
Package delivery service for retail establishments.
(m)
Wholesale offices and showrooms and appropriate
storage facilities.
(n)
Wholesale produce and meat markets.
(p)
Taxicab dispatch offices.
(q)
Fireworks stores.
[Added 10-6-2016 by Ord.
No. 2016-006]
(3) Office buildings of a business, professional or governmental
nature.
B. Permitted secondary uses:
(1) Off-street parking, loading and unloading facilities, signs, fences and landscaping subject to the provisions of Article
VIII, Special Regulations, of this chapter.
(2) Retail and service facilities which are incidental
to the primary use and located within such primary building.
(3) Electronic, mechanical, or computerized amusement
devices operated by coins or tokens or for a fee, provided that the
use of such devices is clearly incidental to the principal business
use.
C. Uses permitted in the C-3 with a special use permit:
(2) Motor vehicle service stations.
(3) Appropriate public or semipublic uses, including uses
of an institutional, educational, recreational, religious or cultural
nature.
(5) Major commercial developments.
(6) Animal hospitals, kennels and pounds.
(7) Commercial storage units of less than 400 square feet
per unit.
(8) Eating and drinking establishments, drinking establishments
and night clubs.
D. Additional provisions and requirements of the C-3
Heavy Commercial District.
(1) Accessways to control ingress and egress of motor vehicles traffic shall be regulated as required in §
850-53 of this chapter.
(2) All processes shall take place within an enclosed
building; storage out-of-doors shall be shielded from view from street
and adjacent off-street parking areas by fencing, landscaping or other
appropriate measures.
(3) Building material yards shall be covered by a continuous
permanent roof or in a completely closed building, and if the former,
shall be entirely screened visually, with said screening to be maintained
in good condition.
[Amended 6-9-1988 by Ord. No. 88-4; 7-14-1988 by Ord. No. 88-2; 1-28-1993 by Ord. No. 93-01; 3-19-1998 by Ord. No.
98-006; 11-19-1998 by Ord. No. 98-012; 3-21-2002 by Ord. No.
2001-002]
A. Primary permitted uses in the C-L Zone District:
(1) Beaches, swimming pools, and picnic facilities.
(2) Recreational uses, including beach clubs, bowling
lanes, racquet sports facilities, batting cages, skating rinks, driving
ranges and miniature golf courses, indoor and outdoor theaters (excluding
drive-in theaters), public boardwalks, paths and biking trails, cross-country
skiing.
(4) Retail establishments, limited to the following:
(a)
Butcher shops, grocery stores.
(b)
Clothing, accessory, and jewelry stores.
(d)
Department and general merchandise stores, limited
to 6,000 square feet.
(e)
Books, stationery, tobacco stores and cannabis
retail dispensaries.
[Amended 5-6-2021 by Ord. No. 2021-002]
(j)
Sporting and athletic goods stores, toy stores,
bicycle shops.
(k)
Boat sales and boating equipment and supply
stores.
(5) Art galleries, antique and art shops including artist
supply stores.
(6) Banks and financial institutions.
(7) The following uses shall be primary permitted uses
only on the second and third levels of structures in this district:
(a)
Business and professional offices.
(8) Instructional studios such as theatrical, dancing,
and music studios; judo, karate, and exercise classes; health spas
and fitness centers.
(9) Service establishments, including barber- and beauty
shops, tailor shops and laundries, shoe repair shops.
(10)
Photographic studios including camera shops
and photographic equipment sales, and photographic processing laboratories.
(11)
Places of public assembly for conferences, conventions,
and banquets.
(12)
Radio and television studios.
(13)
Social halls, lodges, fraternal organizations
and clubs.
(14)
Boat rental and charter facilities.
(15)
Boating and sailing instruction schools.
(16)
Tourist information centers, museums, aquariums,
botanical and aquatic gardens.
B. Permitted accessory uses:
(1) Off-street parking, loading and unloading facilities, signs, fences and landscaping (subject to the provisions of Article
VIII, Special Regulations, of this chapter).
(2) Private garage space for the storage of commercial
vehicles used in conjunction with a permitted business use.
(3) Electronic, mechanical, or computerized amusement
devices operated by coins or token or for a fee, provided that the
use of such devices is clearly incidental to the principal business
use.
C. Uses permitted in the C-L with a special use permit:
(1) Public utility uses, exclusive of maintenance buildings
and yards and equipment storage yards.
(2) Appropriate public or semipublic uses including uses
of an institutional, educational, recreational, religious, or cultural
nature.
(3) Retail business and service facilities in conjunction
with hotels and motels.
(4) Residential uses within a structure with other permitted
uses, provided that such residential uses are located elsewhere than
on the ground floor.
(5) Restaurants excluding drive-through restaurants.
(6) Drinking establishments, eating and drinking establishments,
and night clubs.
D. Additional provisions and requirements for the Lakefront
Commercial/Recreational District.
(1) The proposed building, structure, or use will not
unnecessarily obstruct public or semipublic access to the lakefront.
(2) The proposed design and arrangement of the building,
structure or use will provide for pedestrian access to the lakefront
and public views of the lake to the maximum extent possible. Buildings
on the lake side of any roadway shall permit pedestrian access from
both the lake side and the road side of the building.
(3) All permitted uses shall be subject to site plan review
and architectural review by the Planning Commission.
(4) Article
VIII, Special Regulations, shall apply to the C-L District.
(5) In addition:
(a)
There shall be no offensive noise or vibration;
such elements may be emitted only in accordance with the performance
standards set forth herein.
(b)
Ingress and egress shall be arranged to minimize
traffic congestion.
(c)
Lights shall be reflected away from adjoining
property and streets and
(d)
Surface drainage shall be such that it will
not subject adjoining properties or streets to damage.
(6) Any permitted commercial establishment which disposes
of food waste shall provide, on site, adequate garbage storage facilities,
which are so designed as to allow no view of the trash from the public
right-of-way to prevent the waste from blowing onto the site or adjacent
properties or public right-of-way and permit safe, easy removal of
trash by truck or by hand.
[Amended 5-11-1989 by Ord. No. 89-9]
A. Permitted primary uses:
(1) Residential, office, and limited low-volume commercial
uses, in an area forming a buffer between commercial districts and
residential neighborhoods. Such uses include:
(a)
Single-family detached dwellings.
[Amended 4-7-2005 by Ord. No. 2005-004]
(b)
Single-family attached dwellings.
[Added 4-7-2005 by Ord. No. 2005-004]
(d)
Professional office uses, including physicians,
dentists, chiropractors, optometrists, architects, landscape architects,
surveyors, insurance brokers, realtors, accountants, financial advisors,
engineers, lawyers, and other recognized professions.
(e)
Administrative offices for business concerns,
manufacturer's representatives offices, business services and offices
for service agencies.
(f)
Barber- and beauty shops.
(g)
Medical, dental, and optometric clinics.
(h)
Studios for artists and photographers, art galleries.
(i)
Broadcasting, recording, and video studios.
B. Permitted accessory uses:
(2) Signs, fences, off-street parking, and loading and unloading ramps subject to the provisions of Article
VIII, Special Regulations, of this chapter.
(3) Storage buildings and garage space associated with
the above permitted uses.
(4) Retail and service facilities which are clearly incidental
to the primary use and are designed to serve existing and projecting
office employment and located within such office buildings.
C. Uses permitted with a special use permit:
(1) Public utility uses, exclusive of maintenance buildings
and yards and equipment storage yards.
(2) Appropriate public and semipublic uses including uses
of an institutional, educational, recreational, religious, or cultural
nature.
(3) Full-service and carry-out restaurants excluding drive-through
restaurants.
[Amended 1-28-1993 by Ord. No. 93-01]
(4) Residential conversions, and residential uses in combination
with other permitted uses.
(6) Social halls, clubs, lodges, and fraternal organizations,
excluding those operated for a profit.
(9) Rooming houses, dormitories, fraternities.
(10)
Tourist homes/bed-and-breakfast.
(11)
Health care facilities, nursing homes, philanthropic
or charitable uses.
(13)
Private event centers with guest accommodations.
[Added 11-3-2011 by Ord. No. 2011-006]
D. Additional provisions and requirements for the Residential-Office
District.
(1) Accessways to control ingress and egress of motor vehicle traffic shall be regulated as required in §
850-53 of this chapter.
(2) Any commercial or office use which abuts a residential district shall be screened in accordance with the provisions of §
850-54 of this chapter.
(3) All required off-street parking must be located to
the rear of the front building line except for parking in clearly
defined and recognizable driveways.
(4) There shall be no exterior display other than permitted
signage.
(5) No warehousing of materials nor storage of equipment
associated with any permitted business use shall be permitted in the
Office District.
(6) No office or business use may share a common driveway
with a residential use unless such residential use is located within
the same structure.
(7) Before any existing residential use is converted to any permitted office or commercial use, a building permit shall be required. No permit for such conversion shall be issued unless it is determined by the Code Enforcement Officer that all area and yard specifications as well as requirements for off-street parking, loading and unloading areas, driveways, and landscaping are in accordance with the provisions of Article
VIII, Special Regulations, and the schedules of this chapter. Plans for proposed renovations or conversions of existing structures shall be in conformance with the New York State Uniform Fire Prevention and Building Code. A certificate of occupancy shall be required for all such conversions.
[Amended 6-19-2008 by Ord. No. 2008-013]
(8) Any new structures constructed in this district for
any permitted use other than a single-family or two-family dwellings
shall be subject to site plan review by the Planning Commission.
[Amended 9-19-1996 by Ord. No. 96-008;3-19-1998 by Ord. No.
98-005]
A. M-1 Light Industrial, permitted primary uses:
[Amended 4-7-2005 by Ord. No. 2005-004]
(1) Any manufacturing use which involves only the processing,
assembly, packaging or repair of previously prepared or refined material;
and other uses of a light industrial nature. The following uses are
indicative of those which are intended to be permitted:
(a)
Processing, packaging and distribution of food
products and associated industries, such as: bakeries; bottling of
food and beverages; food processing, food sundry manufacturing; ice
cream manufacturing; and manufacturing of spirituous liquor, etc.
(b)
Assembly of small equipment, appliances, and
electronic parts, components and equipment such as: personal computers,
cash registers, calculators and other office machines; etc.
(c)
The manufacturing and processing of pharmaceutical
and cosmetic products.
(d)
Manufacturing of apparel and other finished
products (awnings, tents, flags, banners, etc.) made from fabrics
and similar materials; and tailoring.
(e)
Fabrication, assembly and repair of watches,
clocks and other similar precision instruments, and manufacturing
of jewelry.
(f)
Fabrication and assembly of optical goods and
equipment, optical glass grinding, glass blowing, glass cutting and
mirror silvering.
(g)
Fabrication and assembly of medical, dental
and drafting instruments.
(h)
Fabrication and assembly of metal products such
as; sporting and athletic goods and equipment, bicycles; metal furniture;
musical instruments; toys; etc.; soldering, welding, and metal fabrication
shops.
(i)
Fabrication of paper products such as bags;
book bindings; boxes and packaging material; office supplies and toys,
etc.
(j)
Fabrication and assembly of novelty products
from the following prepared products; bone, canvas, cork, feathers,
felt, fur, glass, hair, horn, plastics and shells.
(k)
Fabrication of wood products; custom woodworking
and cabinetry and furniture making; upholstery and furniture shops.
(l)
Studios for artists and craftsmen, including
painters, potters, sculptors, glass-blowing, handcrafted ceramics;
handcrafted jewelry; art needlework; hand weaving and tapestries.
(m)
Sign painting and fabrication.
(n)
Medical and dental testing laboratories.
(o)
Photographic and video studios and processing
labs.
(p)
Package shipping and direct mailing services
not including parcel delivery service terminals.
(q)
Commercial cleaning services, including carpet
and rug cleaning.
(r)
Commercial laundries and dry-cleaning establishments
and dyeing; linen, towel, and diaper supply services.
(s)
Commercial catering services.
(t)
Printing and publishing including engraving
and photo- engraving processes.
(u)
Scientific or research laboratories and facilities
devoted to research, product design and development and/or experimentation
and processing and fabricating incidental thereto.
(v)
Office buildings and facilities for executive,
engineering and administrative purposes associated with a permitted
industrial use; building contractor's offices and equipment storage
buildings.
(w)
The warehousing or storage of goods and products;
storage of boats, trailers and other vehicles within buildings; wholesale
offices and showrooms and related warehousing or storage and distribution
facilities. The bulk storage of fuel for resale is specifically excluded
from the intent of the above.
(x)
Retail uses limited to items produced on the premises of a permitted manufacturing use, and retail uses serving the manufacturing uses (per §
850-29B).
(y)
Household appliance, office equipment and electronics
repair shops; plumbing, heating and ventilating sales and service.
(2) M-2 Heavy Industrial District, permitted primary uses: Manufacturing processes and activities meeting the performance standards listed in Subsection
D(1) below, and other uses of a heavy commercial or industrial nature. The following uses are indicative of those which are intended to be permitted:
[Amended 4-7-2005 by Ord. No. 2005-004]
(a)
All uses permitted in Subsection
A(1) above.
(b)
Small internal-combustion engine and electric
motor equipment repair shops.
(c)
Contractor's equipment storage facilities and
yards.
(d)
Commercial public utility vehicle and equipment
storage.
(e)
Stone cutting and monument works.
(f)
Tool, die and pattern-making and other small
machine shops.
(g)
Trucking terminals and motor freight stations;
bus terminals and taxicab dispatch offices.
(h)
Automotive repair garages (including repair
of motorcycle, trailers, boats and other vehicles), installation of
automotive accessories, and auto glass and upholstery shops.
(i)
Commercial storage and mini-storage facilities,
including exterior storage of boats, trailers, and other vehicles.
(j)
Landscape nurseries and truck gardens.
(k)
Waste materials recycling facilities, except
junkyards.
(3) Residential uses shall be prohibited in the M-1 and
M-2 Industrial/Manufacturing Districts.
B. Permitted accessory uses:
(1) Off-street parking and loading, signs, fences and landscaping subject to the provisions of Article
VIII, Special Regulations, of this chapter.
(2) Garage space necessary to store any vehicles on the
premises.
C. Uses permitted with a special use permit:
(2) Day-care centers.
[Added 11-19-1998 by Ord. No. 98-012]
D. Performance standards and additional requirements
for permitted uses in the M-1 and M-2 Districts.
(1) Performance standards:
(a)
All processes shall take place within an enclosed
building.
(b)
No permitted use shall at any time result in
or cause or the operation shall not result in the dissemination of
smoke, dust, smog, observable gas, chemical fumes or odors, or other
atmospheric pollution to such a degree as to be detrimental to the
health and welfare of the residents of the area, nor hazard of fire
or explosion or other physical hazard. Any vibration, odor, glare,
heat or noises resulting from the operation shall not be evident beyond
the property line.
(c)
Precautions against fire hazards, radiation
and explosions, proper handling and storage of materials, structural
design, and safeguards for the health and safety of workers shall
comply with all the laws, regulations, codes and ordinances of the
State of New York and the City of Canandaigua.
(d)
Liquid waste and effluent shall be discharged
into an approved existing sewage treatment system in accordance with
the regulations of that system or shall be treated in a treatment
plant operated by the permitted use which is in compliance with all
laws, regulations, codes and ordinances of the State of New York and
the City of Canandaigua.
(e)
Any goods, products, materials or equipment
stored out of doors shall be shielded from view from a public street
a landscaping or fencing screen or other appropriate measures.
(f)
All uses permitted in this district shall set
aside not less than 10% of the lot to be devoted to seeding, planting,
retention of tree cover, or other landscaping (including stormwater
retention basins); this area shall be used for no other purpose.
(g)
Truck loading and unloading areas shall be provided
in an amount sufficient to permit the transfer of goods and products
in other than a public street, off-street parking area or front yard.
(2) Prior to issuance of a building permit for a new use
in an M Manufacturing District, the Planning Commission and Coordinator
of the Department of Public Works shall attest that the street system
serving the proposed use is adequate to carry the anticipated traffic
flows and will not create a burden or nuisance for adjoining property
owners.
(3) Wherever a property line of a manufacturing lot abuts a residential and/or commercial zone, a buffer strip shall be established which shall include an area of land 20 feet in width as measured from said property line. For the purpose of establishing a building setback line along buffer areas all front, side and rear yard lines shall be increased by a depth of 20 feet. Screening shall be provided along said rear and side property lines. The buffer strip and screening shall meet the standards set forth in Article
VIII, Special Regulations, of this chapter.
[Added 6-9-1988 by Ord. No. 88-4]
A. Primary permitted uses:
(1) Beaches, parks, picnic pavilions, outdoor swimming
pools, recreational waterfronts.
(2) Indoor recreational complexes including swim clubs,
bowling lanes, skating rinks, gymnasiums, health spas and fitness
centers, racket sports facilities, and indoor swimming pools.
(3) Outdoor recreational facilities including beach or
swim clubs, tennis courts, driving ranges, miniature golf courses,
golf courses, batting cages, boardwalk, paths, and biking trails,
and skating rinks, fishing piers, cross-country skiing, athletic fields,
basketball courts, and children's playgrounds.
(4) Indoor and outdoor theaters (including drive-in theaters).
(5) Indoor and outdoor sports stadiums and arenas.
(6) Boat charter and rental facilities.
(7) Amusement parks, museums, zoos, aquariums, botanical
and aquatic gardens and visitor centers.
B. Permitted accessory uses:
[Amended 5-15-1997 by Ord. No. 97-010]
(1) Off-street parking, fences and signs (subject to Article
VIII, Special Regulations,).
(2) Snack bars in conjunction with and incidental to a
primary permitted use.
C. Uses permitted by special use permit:
[Amended 5-15-1997 by Ord. No. 97-010]
(1) Public utility uses, exclusive of maintenance buildings
and yards and equipment storage yards.
(2) Day-care centers.
[Added 11-19-1998 by Ord. No. 98-012]
(3) Hotel.
[Added 11-5-2009 by Ord. No. 2009-010]
(4) Conference
center.
[Added 11-5-2009 by Ord. No. 2009-010]
(5) Performing
art center.
[Added 11-5-2009 by Ord. No. 2009-010]
D. Additional provisions in the P-R District.
(1) Recreational facilities shall be subject to site plan
review whether or not a building permit is required.
[Added 6-9-1988 by Ord. No. 88-4]
A. Primary permitted uses:
(1) Single-family detached dwellings.
[Amended 4-7-2005 by Ord. No. 2005-004]
(2) Single-family attached dwellings.
[Amended 4-7-2005 by Ord. No. 2005-004]
(4) Multifamily dwellings.
(a)
Three- to six-family dwellings.
(b)
Seven- or more family dwellings.
B. Permitted accessory uses:
(1) Private garages and carports, private boat storage.
(2) Private swimming pools (subject to the provisions of Article
VIII, Special Regulations, of this chapter), private tennis courts.
(3) Private beaches and parks.
(4) Private docks and private boat launches.
(5) Parking, fences, and signs (subject to the provisions of Article
VIII, Special Regulations, of this chapter).
(6) Storage buildings of 165 square feet or less in area.
[Amended 10-18-2001 by Ord. No. 2001-013]
(7) Greenhouses not operated for profit, provided the
building area does not exceed 100 square feet.
C. Uses permitted with a special use permit:
(1) Public utility uses exclusive of office buildings,
maintenance building and yards, and equipment storage yards.
(2) Appropriate public and semipublic uses including uses
of an institutional, education, recreational, religious or cultural
nature.
(3) Tourist home/bed-and-breakfast.
(4) High-rise apartment buildings.
(7) Retail uses, service establishments, and administrative
offices, within a structure in combination and conjunction with permitted
residential uses.
(8) Clubhouses operated by homeowners associations.
(9) Private event centers with guest accommodations.
[Added 11-3-2011 by Ord. No. 2011-006]
D. Additional provisions and requirements for multifamily
projects in the Lakefront/Residential District.
(1) The proposed design and arrangements of structures
will provide for public views of bodies of water and other scenic
vistas to the maximum extent possible.
(2) Buildings and structures shall be designed and planned
to take advantage of and be compatible with the natural features of
the site and surrounding area, and all structures shall be subject
to site plan review and architectural review by the Planning Commission
as required by the terms of this chapter.
(3) There shall be a minimum common storage area in each
building for bicycles, perambulators and similar type of equipment
of 25 square feet in area and a minimum of five feet in height per
dwelling unit.
(4) Sufficient indoor laundry, indoor drying, indoor garbage
pickup and other indoor utility areas shall be provided. Facilities
included in this subsection shall not be permitted outdoors.
(5) Courtyards bounded on three or more sides by the wings
of single building or by the walls of separate buildings shall have
a minimum court width of two feet for each one foot in height of the
tallest adjacent building.
(6) Multifamily projects shall be designed to create usable,
private open space.
(7) Every building shall have a minimum setback of 15
feet from any and all interior roads, driveways, and parking area.
(8) A strip of land at least five feet in width surrounding
each building shall be left completely open except for foundation
plantings of less than six feet in height.
(a)
Open space adjacent to, around, or between buildings,
driveways, parking areas, utility areas, or other required improvements
shall be graded and seeded.
(b)
Approaches to multiple-family dwelling structures
and entrance areas shall be attractively shrubbed and properly maintained.
(9) There shall be a buffer strip along the entire perimeter
of the property, exclusive of the rear yard(s) of at least 10 feet
in width measured from the property line.
(10)
A minimum of 10% of the total tract areas, exclusive
of the normal dwelling yards, buffer strip and parking areas, shall
be designated for common recreational purposes. Areas designated for
recreation purposes shall be approved by the Planning Commission as
suitable for such uses.
(a)
Where the land in a tract is unsuitable in character
or where the City Comprehensive Plan or good planning judgment would
not locate a recreation area, a cash payment will be required at a
rate per housing unit to be determined by the Planning Commission,
to be deposited with the City Treasurer for the account of the City
Park, Playground, and Open Space Trust Fund to be used to purchase,
acquire, develop and equip park, playground and other recreational
areas.
(11)
Driveways, parking areas, dwelling entranceways,
and pedestrian walks shall be provided with sufficient illumination
to minimize hazards to pedestrians and motor vehicles utilizing the
same and light sources shall, where necessary be shielded to avoid
glare disturbing to occupants of buildings.
(12)
The land shall be so graded, paved areas so
pitched and if necessary, storm drains and/or catch basins so located
as to provide rapid runoff of stormwaters, and to avoid undue accumulations
of water disturbing to occupants, under the normal range of weather
conditions.
(13)
Other standards and conditions to the site plan
and to curbing, driveways, parking areas, pedestrian walks, landscaping
and planting not otherwise specified herein may be attached as condition
by the Planning Commission or governing body as circumstances indicate
they will further the purposes and intent of this chapter.
[Added 1-16-2003 by Ord. No. 2002-017; amended 10-7-2021 by Ord. No. 2021-005]
A. Purpose. The Mixed Use Zone District shall provide high-density,
pedestrian-oriented retail/service uses adjacent to the downtown and
other areas along the South Main Street corridor. The intent is to
provide a transitional area to complement downtown and to encourage
economic development through a mix of uses compatible with adjacent
residential and commercial uses.
B. Primary permitted uses.
(1) Artist and photographer studios.
(2) Banks, credit unions, and financial institutions.
(3) Barbershops, hair styling, beauty salons, and tanning parlors.
(6) Dressmakers, clothing alterations and tailoring, custom clothing
manufacturing for retail on premises only, art needlework and similar
personal services.
(7) Indoor commercial recreation, including health clubs or facilities,
exercise and fitness centers, studios for instruction in martial arts.
(8) Instructional studios for dance, music, art, and theater.
(10)
Office, electronic, household, computer television, radio, musical
instrument, video equipment or similar rental, service, and repair.
(12)
Photo processing services.
(13)
Printing and copying and services.
(14)
Shoe repair, tailoring shop, or other similar establishment.
(15)
Watch and jewelry repair.
(16)
Appliance, hardware, furniture, paint, wallpaper, home decorating,
window covering, floor covering, building supply and custom kitchen
stores.
(17)
Art galleries and art stores, including artist supply stores
and framing stores.
(18)
Bookstores and indoor news stands.
(19)
Camera and photographic equipment sales.
(20)
Clothing, apparel, fabric, sewing machine, and needlecraft stores.
(21)
Department, general merchandise, and toy stores.
(22)
Drugstores, pharmacies and medical supply stores.
(23)
Gift, florist, jewelry, antique, craft, hobby, novelty, artisan,
and specialty stores.
(24)
Grocery stores, supermarkets, produce markets, butcher shops,
delicatessens, and bakeries.
(25)
Leather goods and luggage stores.
(28)
Sporting and athletic goods stores, bicycle shops and similar
uses.
(29)
Stationery, office supply, office equipment, electronic, household,
computers, television radio, video equipment and musical equipment
sales.
(31)
Single-family and two-family dwellings.
(32)
Professional, business, commercial, e-commerce, and governmental
offices.
(33)
Carpentry, including custom woodworking and furniture making.
C. Permitted accessory uses.
(1) Photographic and video processing labs associated with a primary
use.
(2) Drinking establishment or nightclub when part of a hotel, motel,
inn, that also includes a full-service restaurant.
(3) Electronic, mechanical, or computerized amusement devices operated
by coin, or token, or for a fee, provided that such devices are clearly
incidental to the primary use and located within such primary building.
(4) Garages and storage buildings for the storage of vehicles, equipment
or materials used in conjunction with a permitted primary use.
D. Uses permitted by special use permit. Uses permitted by special use
permit shall conform to the Mixed Use Zoning Schedule.
(1) Drive-through bank or pharmacy.
(3) Private event center with guest accommodations.
(4) Restaurant, full-service.
(6) Theaters (including movie theaters).
(7) Tourist homes/bed-and-breakfasts, short-term rentals.
(12)
Residential uses in combination with other permitted uses.
(13)
Essential services and public utilities, excluding power plants,
maintenance buildings and storage yards.
(15)
Social halls, lodges, fraternal organizations and clubs.
(16)
Day-care center/facility.
(17)
Public or semipublic uses, including uses of an institutional,
educational, or cultural nature, including museums.
E. Additional provisions and requirements for the MU-2 Zone District.
(1) Area and bulk requirements for this district shall be in conformance
with Zoning Schedule I.
(3) Architectural review shall be required subject to §
850-19C(3).
(4) Shared parking, provided that written agreement is properly executed
and recorded. This parking requirement does not limit special requirements
that may be imposed with conditional uses.
(5) New commercial structures with a side or rear lot line adjacent to
a lower density residential zone shall be either no more than 45 feet
in height or shall have a minimum adjacent side setback of 35 feet
or rear setback of 40 feet.
[Amended 5-20-2004 by Ord. No. 2004-007; 4-6-2006 by Ord. No. 2006-004]
A. Permitted primary uses:
(1) Boathouses used only to provide housing for a boat
and for use as necessarily appurtenant to the keeping of the boat.
No boathouse may be used as a dwelling, sleeping, lodging or boarding
place.
B. Permitted accessory uses:
C. Uses permitted with a special use permit:
(1) Boathouses adjacent to the City Pier may be used for commercial operation restricted to the following and in accordance with §
850-110, Limited commercial uses:
(a)
Shops selling and packaging food and nonalcoholic
beverages prepared off the premises to the general public.
(b)
Small marine supply, fish and bait shops;
(c)
Shops engaged in the sale and rental of small
nonmotorized marine craft or small marine craft powered by electric
motors with a maximum speed not exceeding 10 mph.
(d)
Boating and sailing instruction schools and charter facilities.
[Added 7-2-2015 by Ord.
No. 2015-003]
(e)
Gift and souvenir shops.
[Added 7-2-2015 by Ord.
No. 2015-003]
(f)
Art galleries and antique and art shops, including artist supply
stores.
[Added 7-2-2015 by Ord.
No. 2015-003]
(g)
Instructional studios.
[Added 7-2-2015 by Ord.
No. 2015-003]
(h)
Clothing, accessory, and jewelry stores.
[Added 7-2-2015 by Ord.
No. 2015-003]
D. Additional requirements applicable to boathouses in
the Boathouse Zone District.
(1) Area and bulk requirements for this district shall
be in conformance with Zoning Schedule I.
(2) All new or reconstructed boathouses shall contain
a boatwell (that is unfloored area, open to the lake water, within
the boathouse structure), at least four feet six inches in width and
at least 12 feet in length, and shall have a doorway on the lake side
(at the rear) of the structure at least five feet in width and six
feet in height. No boathouse shall be altered to remove an existing
boatwell.
(3) Outside decks or platforms at the first floor level
of no more than 80 square feet are permitted provided that the total
length of the boathouse including the deck does not exceed 32 feet.
(4) Any new boathouse constructed or substantially altered
shall be equipped with gutters and downspouts to direct roof drainage
into the lake.
(5) Existing boathouses shall be maintained in a structurally
sound condition. Decks, boatwells, and pilings shall be kept structurally
sound, replacing members where and when needed. All boathouses shall
have exterior siding properly maintained and painted. All boathouses
shall have adequate roofing materials to maintain a weathertight condition.
Boathouse doors and windows shall have secure locking devices. All
electrical wiring shall have the approval of a City-authorized, third-party
electrical inspection agency. No plumbing is permitted in boathouses.
All repairs to existing boathouses shall comply with the New York
State Uniform Fire Prevention and Building Code. The Code Enforcement
Officer shall perform an exterior inspection of every boathouse at
least once a year, and shall notify any boathouse owner whose boathouse
does not meet the maintenance standards described herein or the New
York State Property Maintenance Code.
(6) A chemical or incinerator-type toilet will be allowed
in structures where lounging facilities are applicable, this to be
determined by the Health Officer or Code Enforcement Officer. Garbage
and other refuse shall be kept in proper containers and shall be hauled
away weekly. The Health Officer or Code Enforcement Officer shall
be allowed to inspect such facilities as deemed necessary.