A. 
Permitted primary uses:
(1) 
Single-family detached dwellings.
(2) 
Single-family attached dwellings.
[Added 11-4-2004 by Ord. No. 2004-014]
B. 
Permitted accessory uses:
(1) 
Private garages and carports.
(2) 
Signs, fences and off-street parking subject to the provisions of Article VIII, Special Regulations, of this chapter.
(3) 
Private swimming pools subject to the provisions of Article VIII, Special Regulations, of this chapter.
(4) 
Accessory storage structures in compliance with § 850-28.
[Amended 10-18-2001 by Ord. No. 2001-013; 12-7-2023 by Ord. No. 2023-008]
(5) 
Greenhouses not operated for profit provided the building area does not exceed 100 feet.
C. 
Uses permitted with a special use permit:
[Amended 4-9-1987 by Ord. No. 7-87; 5-28-1992 by Ord. No. 92-1]
(1) 
Public utility uses exclusive of office buildings, maintenance yards and equipment storage yards.
(2) 
Home occupations.
(3) 
Appropriate public and semipublic uses including uses of an institutional, educational, recreational, religious or cultural nature.
A. 
Permitted primary uses:
(1) 
Single-family detached dwellings.
(2) 
Single-family attached dwellings.
[Added 11-4-2004 by Ord. No. 2004-014]
B. 
Permitted accessory uses:
(1) 
Includes all uses permitted in § 850-30B.
C. 
Uses permitted with a special use permit:
[Amended 4-9-1987 by Ord. No. 87-7]
(1) 
Public utility uses exclusive of office buildings, maintenance yards and equipment storage yards.
(2) 
Home occupations.
(3) 
Hospitals, nursing homes, philanthropic or charitable uses.
(4) 
Residential conversions.
(5) 
Social halls, clubs, lodges and fraternal organizations, excluding those operated for a profit.
(6) 
Appropriate public and semipublic uses, including uses of an institutional, educational, recreational, religious or cultural nature.
(7) 
Tourist home/bed-and-breakfast.
(8) 
Day-care centers
[Added 11-19-1998 by Ord. No. 98-012]
(9) 
Private event centers with guest accommodations.
[Added 11-3-2011 by Ord. No. 2011-006]
A. 
Permitted primary uses:
(1) 
Single-family detached dwellings.
(2) 
Single-family attached dwellings.
[Added 11-4-2004 by Ord. No. 2004-014]
(3) 
Two-family dwellings.
[Added 4-7-2005 by Ord. No. 2005-004]
B. 
Permitted accessory uses:
(1) 
All uses permitted in § 850-30B.
C. 
Uses permitted with a special use permit:
(1) 
All uses permitted in § 850-30C.
(2) 
Rooming houses.
A. 
Permitted primary uses:
(1) 
Single-family detached dwellings.
(2) 
Single-family attached dwellings.
[Added 11-4-2004 by Ord. No. 2004-014]
(3) 
Two-family dwellings.
[Added 4-7-2005 by Ord. No. 2005-004]
(4) 
Multifamily dwellings.
B. 
Permitted accessory uses:
(1) 
All uses permitted in § 850-30B.
C. 
Uses permitted with a special use permit:
(1) 
All uses permitted in § 850-30C.
(2) 
High-rise apartments.
(3) 
Dormitories.
(4) 
Fraternity houses.
(5) 
Rooming houses.
(6) 
Day-care centers.
(7) 
Townhouses.
(8) 
Senior apartments.
[Added 3-3-1994 by Ord. No. 94-001]
D. 
Additional requirements applicable to multifamily units in the R-3 Multifamily District.
(1) 
There shall be no dwelling units below the first floor nor above the second story of any such structure.
(2) 
Each dwelling unit shall contain complete kitchen facilities, toilet, bathing and sleeping facilities, and shall have a minimum habitable floor area in accordance with the provisions specified in Schedule III of this chapter.
Schedule III
Minimum Floor Area for Dwelling Unit in Multifamily and Mixed Occupancy Structures
[Amended 3-3-1994 by Ord. No. 94-001]
Minimum Gross Floor Area*
(square feet)
Dwelling Type
Efficiency Studio
1-Bedroom
2-Bedroom
3-Bedroom
High-rise, garden apartment, condominium, multifamily, townhouses
600
750
900
1,050
Residential in Central Business District, within existing buildings
550
700
850
1,000
Residential conversions**
500
650
800
950
Senior apartments
415
540
650
800
NOTES:
*
Gross floor area for an individual unit excludes common areas shared by multiple units (i.e., entry foyers and stairs, hallways between units; shared laundry, recreational rooms, storage space, etc.)
**
At least one dwelling unit shall have a minimum floor area of 800 square feet.
(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 laundry, drying, garbage pickup and other utility areas shall be provided and shall be located with a view both to convenience and to minimizing the detrimental effect on the aesthetic character of the building(s) and shall be enclosed and shielded from view by fencing, walls, or shrubbery of at least six feet in height around the perimeter. Fencing and walls shall be not more than 50% open on the vertical surface.
(5) 
Courtyards bounded on three or more sides by the wings of a single building or by the walls of separate buildings shall have a minimum court width of two feet for each one feet in height of the tallest adjacent building.
(6) 
Multifamily projects shall be designed to create usable, private open space.
(7) 
No multifamily structure shall be located within 25 of another dwelling structure, swimming pool, recreation building or garage.
(8) 
Every multifamily structure shall have a minimum setback of 15 feet from all interior driveways or parking areas; and shall be set back from all interior streets, whether public or private, in accordance with Schedule I.[1]
[Amended 10-28-1993 by Ord. No. 93-20]
[1]
Editor's Note: Schedule I is included at the end of this chapter.
(9) 
A strip of land at least five feet in width surrounding each building shall be kept completely open except for foundation plantings of less than six feet in height.
(a) 
Open space adjacent to, around, or between 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.
(10) 
There shall be a buffer strip along the entire perimeter of the property, exclusive of the front yard(s) of at least 10 feet in width measured from the property line.
(11) 
A minimum of 10% of the total tract area, 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. 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 City Council, 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.
[Amended 6-9-1988 by Ord. No. 88-3]
(12) 
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.
(13) 
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.
(14) 
All site plans shall be subject to review as required by the terms of this chapter. 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 conditions by the Planning Commission or governing body as circumstances indicate they will further the purposes and intent of this chapter.
A. 
Permitted primary uses:
(1) 
Mobile home parks, consisting of one-story mobile homes.
B. 
Permitted accessory uses:
(1) 
All uses permitted in § 850-30B.
C. 
Uses permitted with a special use permit:
(1) 
Public utility uses, exclusive of office buildings maintenance yards and equipment storage yards.
(2) 
Appropriate public and semipublic uses, including uses of an institutional, educational, recreational, religious or cultural nature.
(3) 
Day-care centers.
D. 
Additional requirements applicable to mobile home parks in the Mobile Home Park District.
(1) 
The minimum site for a mobile home court shall be five acres.
(2) 
The maximum number of mobile home spaces shall not exceed 10 per acre.
(3) 
A recreation area equal to not less than 10% of the total acreage of the site shall be provided.
(4) 
Each mobile home located in a court shall have a front yard, a rear yard and two side yards. No yard space shall be less than 10 feet in depth.
(5) 
With the exception of an awning or covering to serve as a carport, there shall be no extensions or additions to any mobile home.
(a) 
Any accessory such as attached awnings or vestibules not to exceed 40 square feet in floor area or any enclosed porch attached to the mobile home shall not be classified as an addition or extension.
(b) 
Accessory structures shall be considered part of the mobile home and shall be subject to the yard requirements identified in Subsection D(4).
(6) 
No mobile homes shall be permitted to be parked closer than 25 feet to any property line or closer than 50 feet to any street line.
(7) 
Water, sewerage, and other public facilities shall be provided in accordance with all laws, ordinances, codes and regulations of the State of New York and the City of Canandaigua.
(8) 
Streets within a court shall have a right-of-way of not less than 40 feet. Interior streets in a court shall be designated as private access streets.
(9) 
All parking areas shall be provided with safe and convenient vehicular access from abutting public streets or roads to each trailer space. Alignment and gradient shall be properly adopted to topography. Surfacing and maintenance shall provide a smooth, hard, and dense surface which shall be well drained.
(10) 
Mobile home parks must provide landscaping as required pursuant to § 850-54A of this chapter.
A. 
Permitted primary uses:
(1) 
Single-family detached dwelling.
(2) 
Single-family attached dwelling.
[Added 4-7-2005 by Ord. No. 2005-004]
(3) 
Hospitals, nursing homes, philanthropic, charitable uses.
B. 
Permitted accessory uses:
(1) 
All uses permitted in § 850-30B.
C. 
Uses permitted with a special use permit.
[Amended 4-9-1987 by Ord. No. 87-7]
(1) 
Public utility uses exclusive of office buildings, maintenance yards and equipment storage yards.
(2) 
Home occupations.
(3) 
Residential conversions.
(4) 
Appropriate public and semipublic uses including uses of an institutional, education, recreational, religious or cultural nature.
(5) 
Business, professional and governmental offices.
(6) 
Mortuaries.
(7) 
Social halls, clubs, lodges, and fraternal organizations excluding those operated for a profit.
(8) 
Tourist homes/bed-and-breakfast.
(9) 
Day-care centers.
[Added 11-19-1998 by Ord. No. 98-012]
(10) 
Private event centers with guest accommodations.
[Added 11-3-2011 by Ord. No. 2011-006]
[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.
(3) 
Medical clinics.
(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.
(3) 
Senior apartments.
(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.
(i) 
Package liquor stores.
(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).
(6) 
Convenience stores.
(7) 
Day-care centers.
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.
[3] 
Hotels and motels.
[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.
(d) 
Farm and supply stores.
(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.
(j) 
Custom woodworking.
(k) 
Photographic and video processing labs.
(l) 
Package shipping (receiving) services and direct mailing services not including parcel delivery service terminals.
(m) 
Caterers.
(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]
(d) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(3)(d), permitting health clubs and related facilities on the second and third levels of structures in these districts, was repealed 4-3-2008 by Ord. No. 2008-005. See now Subsection A(2)(o) above.
(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.
(5) 
Mortuaries.
(6) 
Taxicab dispatch offices.
(7) 
Convenience stores.
(8) 
Drinking establishments, eating and drinking establishments and night clubs.
(9) 
Day-care centers.
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.[1]
[Amended 12-1-2016 by Ord. No. 2016-013]
[1]
Editor's Note: This Subsection A(1) was amended at the direction of the City on 10-2-2023.
(2) 
Heavy commercial uses including the following:
(a) 
Automobile, motorcycles and trailer sales and repairs.
(b) 
Building material yards, roofing.
(c) 
Car washes.
(d) 
Carpentry, including custom woodworking and furniture making.
(e) 
Carpet and rug cleaning.
(f) 
Dry cleaning and dyeing.
(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.
(k) 
Monument works.
(l) 
Package delivery service for retail establishments.
(m) 
Wholesale offices and showrooms and appropriate storage facilities.
(n) 
Wholesale produce and meat markets.
(o) 
Boat sales.
(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.
(4) 
Mortuaries.
(5) 
Hotels and motels.
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:
(1) 
Public utility uses.
(2) 
Motor vehicle service stations.
(3) 
Appropriate public or semipublic uses, including uses of an institutional, educational, recreational, religious or cultural nature.
(4) 
Restaurants.
(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.
(9) 
Day-care centers.
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.
(3) 
Hotels, motels and inns.
(4) 
Retail establishments, limited to the following:
(a) 
Butcher shops, grocery stores.
(b) 
Clothing, accessory, and jewelry stores.
(c) 
Gift and souvenir shops.
(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]
(f) 
Drugstores.
(g) 
Florists.
(h) 
Package liquor stores.
(i) 
Pet shops.
(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.
(7) 
Convenience stores.
(8) 
Day-care centers.
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]
(c) 
Two-family dwellings.
(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:
(1) 
Includes all uses permitted by § 850-30B.
(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.
(5) 
Convenience stores.
(6) 
Social halls, clubs, lodges, and fraternal organizations, excluding those operated for a profit.
(7) 
Day-care centers.
(8) 
Mortuaries.
(9) 
Rooming houses, dormitories, fraternities.
(10) 
Tourist homes/bed-and-breakfast.
(11) 
Health care facilities, nursing homes, philanthropic or charitable uses.
(12) 
Home occupations.
(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:
(1) 
Public utility uses.
(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]
(3) 
Two-family dwellings.
(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.
(5) 
Townhouses.
(6) 
Day-care centers.
(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.
[1]
Editor's Note: Former § 850-45, Mixed Use — Low Density (MU-1), added 1-16-2003 by Ord. No. 2002-017, was repealed 10-7-2021 by Ord. No. 2021-005.
[Added 1-16-2003 by Ord. No. 2002-017; amended 10-7-2021 by Ord. No. 2021-005[1]]
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.
(4) 
Caterer.
(5) 
Dry cleaners.
(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.
(9) 
Locksmith.
(10) 
Office, electronic, household, computer television, radio, musical instrument, video equipment or similar rental, service, and repair.
(11) 
Optical and eyewear.
(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.
(26) 
Liquor stores.
(27) 
Shoe 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.
(30) 
Video rental and 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.
(2) 
Hotels, motels or inns.
(3) 
Private event center with guest accommodations.
(4) 
Restaurant, full-service.
(5) 
Restaurant, carry-out.
(6) 
Theaters (including movie theaters).
(7) 
Tourist homes/bed-and-breakfasts, short-term rentals.
(8) 
Pet stores.
(9) 
Multifamily dwellings.
(10) 
Townhouses.
(11) 
Senior housing.
(12) 
Residential uses in combination with other permitted uses.
(13) 
Essential services and public utilities, excluding power plants, maintenance buildings and storage yards.
(14) 
Home occupations.
(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.[2]
[2]
Editor's Note: Schedule I is included as an attachment to this chapter.
(2) 
Site plan shall be required subject to § 850-19C(1).
(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.
[1]
Editor's Note: This ordinance amended the title of this section, which was previously Mixed Use — Medium Density (MU-2).
[1]
Editor's Note: Former § 850-47, Mixed Use — High Density (MU-3), added 1-16-2003 by Ord. No. 2002-017, was repealed 10-7-2021 by Ord. No. 2021-005.
[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:
(1) 
None.
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.[1]
[1]
Editor's Note: Schedule I is included at the end of this chapter.
(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.
[1]
Editor's Note: Former § 850-49, Mixed Use Zoning Schedule, added 1-16-2003 by Ord. No. 2002-017, as amended, was repealed 10-7-2021 by Ord. No. 2021-005.