Town of Canandaigua, NY
Ontario County
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Table of Contents
Table of Contents
[Adopted 12-18-1989 by L.L. No. 3-1989]
This article is hereby adopted to provide the Town of Canandaigua with uniform definitions applicable to the chapters within the Town of Canandaigua Code, thereby eliminating unnecessary or conflicting definitions in the various chapters. There are some chapters within the Town of Canandaigua Code that contain definitions which apply specifically to those chapters. Unless otherwise indicated, this article will apply to all chapters within the Town of Canandaigua Code.
A. 
All words used in the present tense include the future tense.
B. 
All words in the plural number include the singular number and all words in the singular number include the plural number, except as to the number of permitted structures or unless the natural construction of the wording indicates otherwise.[1]
[1]
Editor's Note: Original Subsection 3, which provided a definition of "person," which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Unless otherwise specified, all distances shall be measured horizontally.
D. 
The word "building" includes the word "structure."
E. 
"Lot" includes the words "plot," "parcel," or "tract."
F. 
The word "premises" includes a lot and all buildings or structures thereon.
G. 
To "erect," "to construct" and "to build" a building or structure each have the same meaning.
H. 
"Used" shall be deemed also to include "designated, intended or arranged to be used or occupied."
I. 
"Shall" is mandatory and not discretionary; "may" is permissive.
BOARD OF HEALTH
The New York State Department of Health or the Canandaigua Town Board convened as a Board of Health pursuant to the provisions of New York Town Law.
[Added 7-25-2005 by L.L. No. 7-2005]
CODE
The official Town Code entitled "Code of the Town of Canandaigua, County of Ontario, State of New York." Official copies of the Code as may be amended, are maintained and are on file in the Town Clerk's office.
CODE ENFORCEMENT OFFICER
The official appointed by the Town Board pursuant to § 92-1 of the Canandaigua Town Code.
[Amended 7-25-2005 by L.L. No. 7-2005; 10-17-2006 by L.L. No. 10-2006]
CODE ENFORCEMENT PERSONNEL
The official(s) appointed by the Town Board pursuant to § 92-1 of the Canandaigua Town Code and shall include the Code Enforcement Officer and all Assistant Code Enforcement Officers.
[Added 10-17-2006 by L.L. No. 10-2006]
CONSULTANT
The person(s) retained by the Town to provide technical advice, general counseling, or other expertise deemed necessary to enable a Town agency or Town staff to make a determination of significance under SEQR and to permit said agency to make an informed decision upon an application or action.
[Added 11-20-2007 by L.L. No. 14-2007]
CONSULTANT FEES
Those fees required by a consultant who has been retained by the Town to perform the duties and tasks described in any contract agreement between the consultant and the Town.
[Added 11-20-2007 by L.L. No. 14-2007]
DEPARTMENT OF HEALTH
The New York State Department of Health and any other health board or department established pursuant to the laws of the State of New York and having authority for the regulation of matters pertaining to the public health of the Town.
DIRECTOR OF DEVELOPMENT
See "Town Planner" for definition of this term.[1]
[Added 7-25-2005 by L.L. No. 7-2005]
ENERGY CODE
The New York State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time.
[Added 10-17-2006 by L.L. No. 10-2006]
INTEREST
A direct or indirect pecuniary or material benefit accruing to a municipal officer or employee as the result of a contract with the Town of Canandaigua. For the purposes of this Code, a municipal officer or employee shall be deemed to have an interest in the contract of:
[Amended 6-28-2010 by L.L. No. 3-2010]
A. 
His spouse, minor children and dependents, except a contract of employment with the Town of Canandaigua which such officer or employee serves.
B. 
A firm, partnership or association of which such officer or employee is a member or employee.
C. 
A corporation of which such officer or employee is an officer, director or employee.
D. 
A corporation, any stock of which is owned or controlled directly or indirectly by such officer or employee.
MUNICIPAL OFFICER or EMPLOYEE
Any municipal officer, employee, agent or representative of the Town, whether paid or unpaid, elective or appointed, including but not limited to the members of the Town Board, Planning Board, Zoning Board of Appeals, committee, administrative board, commission or other agency thereof and any consultant employed by the Town. No person shall be deemed to be a "municipal officer or employee" of the Town solely by reason of being a volunteer fireman or civil defense volunteer, except a Chief Engineer or Assistant Chief Engineer.
[Added 10-19-1970 by L.L. No. 1-1970; amended 12-16-2008 by L.L. No. 4-2008]
NEWS MEDIA
A newspaper that is printed not less frequently than once a week in which legal notices may be published, or a radio or television station that regularly broadcasts news.
NOTICE
Means, but shall not be limited to, written or oral information relating to the date, time and place where a meeting is to be held.
[2]
PLANNING BOARD, COUNTY
The Planning Board of the County of Ontario.
PLANNING BOARD, TOWN
The Planning Board of the Town of Canandaigua.
[Amended 7-25-2005 by L.L. No. 7-2005]
POLITICAL PARTY OFFICE
A leadership position within an established political party, which includes but is not limited to Party Chairperson, Vice Chairperson, Secretary or Treasurer. The term does not apply to general or committee membership within an established political party.
[Added 12-16-2008 by L.L. No. 4-2008]
PUBLIC SANITARY SEWER
A system of inlets, pipes and other improvements operated by a municipality for the conveyance and treatment of sewage.
[Added 8-12-2013 by L.L. No. 9-2013]
SEWAGE
Water-carried wastes, not including stormwater, surface water, industrial and other wastes, from residences, businesses, industries, institutions, and all other similar establishments.
[Added 8-12-2013 by L.L. No. 9-2013]
SITE DESIGN AND DEVELOPMENT CRITERIA
A manual of requirements and minimum standards that shall be applied to all proposed construction and/or development in the Town of Canandaigua, and/or areas that will involve the connections to existing municipal systems over which the Town has jurisdiction. Said manual as prepared by the Town's Engineering Consultants, and as adopted by the Town Board, and as may be amended from time to time, may be obtained from the Town Clerk.
[Added 9-1-2009 by L.L. No. 2-2009]
TOWN
Except as provided in Chapter 138, Multichannel Service Providers, the Town of Canandaigua.
[Amended 6-28-2010 by L.L. No. 3-2010]
TOWN BOARD
Except as provided in Chapter 138, Multichannel Service Providers, the Town Board of the Town of Canandaigua.
[Amended 6-28-2010 by L.L. No. 3-2010]
TOWN CLERK
The official duly elected to the position of Town Clerk of the Town of Canandaigua.
TOWN ENGINEER
The representative of the engineering firm appointed by the Town Board to serve as engineer for the Town of Canandaigua.
[Added 7-25-2005 by L.L. No. 7-2005]
TOWN HIGHWAY AND WATER SUPERINTENDENT
The official elected to the position of Town Highway and Water Superintendent for the Town of Canandaigua.
TOWN MANAGER
The official appointed by the Town Board to serve as chief administrative officer of the Town of Canandaigua pursuant to Chapter 69 of the Canandaigua Town Code.
[Added 2-27-2017 by L.L. No. 2-2017]
TOWN PLANNER
The official appointed by the Town Board to serve as planner for the Town of Canandaigua.
TOWN WATER DEPARTMENT SUPERINTENDENT
The official appointed by the Town Board to serve as the administrator of the Town of Canandaigua Water Department.
[3]
ZONING BOARD OF APPEALS, TOWN
The Zoning Board of Appeals of the Town of Canandaigua.
ZONING CODE, TOWN
The Zoning Law of the Town of Canandaigua.
ZONING ENFORCEMENT OFFICER
See "Zoning Officer."
[Added 10-17-2006 by L.L. No. 10-2006]
ZONING INSPECTOR, TOWN
See "Zoning Officer, Town."
[Added 7-25-2005 by L.L. No. 7-2005]
ZONING OFFICER, TOWN
The official designated by the Town Board to enforce the applicable provisions of the Town Code.
[Amended 7-25-2005 by L.L. No. 7-2005]
[1]
Editor's Note: The former definition of "employee," as added 10-6-1980 by L.L. No. 1-1980, which immediately followed this definition, was repealed 6-28-2010 by L.L. No. 3-2010.
[2]
Editor's Note: The former definition of "Planning Board Clerk," as added 7-25-2005 by L.L. No. 7-2005, which immediately followed this definition, was repealed 6-28-2010 by L.L. No. 3-2010.
[3]
Editor's Note: The former definition of "Town Watershed Inspector," which immediately followed this definition, was repealed 6-28-2010 by L.L. No. 3-2010.
Except as otherwise provided herein, words and terms used in the Town Code shall have their usual and customary meanings. As used in this Code, the following terms shall have the meanings indicated:
ABANDONED VEHICLE
A vehicle whose owner does not intend to use it on the public highways or as a conveyance in the manner for which said vehicle was originally designed shall be known as an abandoned vehicle. The intent of the owner shall be determined by the physical condition of the vehicle, any statements as to its abandonment, the length of time since the vehicle was last used or insured, whether the vehicle is currently licensed and other relevant factors as determined by the Zoning Officer. With respect to any vehicle not required to be licensed or not usually used on the public highways, the fact that such vehicle has remained unused for more than six months and is not in condition to be removed under its own power shall be presumptive evidence that such vehicle is an abandoned, junked and/or inoperative vehicle.
[Added 7-25-2005 by L.L. No. 8-2005]
ACCESS
A way or means of approach to provide vehicular or pedestrian entrance or exit to a property.
[Added 7-17-1998 by L.L. No. 7-1998]
ACCESS MANAGEMENT
The process of providing and managing access to and from public streets while preserving the flow of traffic in terms of safety, capacity, and speed.
[Added 7-17-1998 by L.L. No. 7-1998]
ACCESSORY BUILDING
A building, as defined in this section, that is subordinate and incidental to the principal building or structure on the same lot, contributes to the comfort, convenience, or necessity of the occupants of the principal building or structure, and is used for a purpose incidental to the use of the principal building or structure. Accessory buildings include but are not limited to storage sheds, nonagricultural barns, and detached private garages.
[Amended 7-25-2005 by L.L. No. 7-2005; 9-1-2009 by L.L. No. 2-2009; 4-8-2013 by L.L. No. 2-2013; 7-17-2017 by L.L. No. 16-2017]
ACCESSORY STRUCTURE
A structure, but not including buildings, subordinate and incidental to the principal building or structure on the same lot, that contributes to the comfort, convenience, or necessity of the occupants of the principal building or structure and that is used for a purpose incidental to the use of the principal building or structure. Accessory structures include but are not limited to swimming pools, tennis courts, basketball courts, paddleball courts, patios, decks, generators, and fences. Accessory structures shall not include fences for setback purposes.
[Added 4-8-2013 by L.L. No. 2-2013; amended 3-16-2015 by L.L. No. 3-2015; 10-17-2016 by L.L. No. 9-2016; 7-17-2017 by L.L. No. 16-2017]
ACCESSORY USE
A use incidental and subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.
ACTION
Any project or physical activity, such as construction or other activity that may affect the environment by changing the use, appearance or condition of any natural resource or structure, that requires a permit or approval from any board or official of the Town of Canandaigua.
A. 
A system which meets all of the following conditions:
[Added 7-25-2005 by L.L. No. 3-2005]
(1) 
The septic tank has operational inlet and outlet baffles.
(2) 
The septic tank is watertight, allowing no inflow of groundwater, or leaking of septage through the walls, floor, or roof of the tank.
(3) 
The distribution box is evenly distributing septic tank effluent to each absorption trench.
(4) 
Effluent is not surfacing on the ground at any location.
(5) 
The absorption field is not directly short-circuiting effluent into any well, watercourse, or water body.
(6) 
The absorption field is never subject to flooding, or ponding of water on its surface.
(7) 
All pipes for conveying effluent to the absorption field are watertight.
(8) 
The system is capable of handling the design hydraulic load without backup of waste into the house.
(9) 
The system is not subject to hydraulic loads exceeding the original design capacity.
B. 
Where an aerobic treatment unit is present, the unit must have a current operation and maintenance contract with the manufacturer's representative, and shall have been inspected by the representative in accordance with manufacturer's specifications for maintenance.
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.
[Added 7-24-1995 by L.L. No. 4-1995]
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion picture, videocassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or instruments, devices, or paraphernalia which are designed for use in connection with specific sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specific sexual activities or specified anatomical areas and still be categorized as "adult bookstore" or "adult video store" so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas. For purposes of this definition, "principal business purpose" shall mean 20% or more of any of the following:
[Added 7-24-1995 by L.L. No. 4-1995]
A. 
The number of different titles or kinds of such merchandise;
B. 
The number of copies or pieces of such merchandise;
C. 
The amount of floor space devoted to the sale and/or display of such merchandise; or
D. 
The amount of advertising which is devoted to such merchandise, whether in print or broadcast media.
ADULT CABARET
A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
[Added 7-24-1995 by L.L. No. 4-1995]
A. 
Persons who appear in a state of nudity;
B. 
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
C. 
Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
[Added 7-24-1995 by L.L. No. 4-1995]
ADULT THEATER
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
[Added 7-24-1995 by L.L. No. 4-1995]
ADULT USE AND ENTERTAINMENT ESTABLISHMENT
A public or private establishment, or any part thereof, which presents any of the following entertainment, exhibitions or services: topless and/or bottomless dancers; strippers; topless waitressing, busing or service; topless hair care or massages; service or entertainment where the servers or entertainers wear pasties or G-strings or both; adult arcade; adult bookstore or adult video stores; adult cabarets; adult motion-picture theaters; adult theaters; escort agencies; nude model studios and sexual encounter centers. Adult use and entertainment establishments customarily exclude minors by reason of age.
[Added 7-24-1995 by L.L. No. 4-1995]
AEROBIC TREATMENT UNIT
A system that provides for the biological decomposition of the organic portion of the wastewater by mechanical aeration of the wastewater.
[Added 7-25-2005 by L.L. No. 3-2005]
AGRICULTURAL ASSESSMENT VALUE
The value per acre assigned to land for assessment purposes determined pursuant to the capitalized value of production procedure prescribed by § 304-A of the New York State Agriculture and Markets Law.
[Added 12-22-2004 by L.L. No. 7-2004]
AGRICULTURAL DATA STATEMENT
An identification of farm operations within an agricultural district located within 500 feet of the boundary of property upon which an action requiring municipal review and approval by the Planning Board, Zoning Board of Appeals or Town Board pursuant to Article 16 of the Town Law is proposed, as provided in Agriculture and Markets Law § 305-A.
[Added 12-22-2004 by L.L. No. 7-2004][1]
AGRICULTURAL OR FARMING ACTIVITIES
The use of the land for agricultural purposes including, but not limited to: dairying, pasturage, fruit and vegetable farms, nurseries, animal and poultry husbandry, and the necessary accessory uses for storage; provided, however, that the operation of any such accessory use shall be incidental to that of the principal agricultural activities.
AGRICULTURAL STRUCTURE
Any barn, stable, shed, silo, garage, fruit and vegetable stand or other building or structure directly and customarily associated with agricultural use.
[Added 7-25-2005 by L.L. No. 7-2005]
AGRICULTURAL USE
Cultivation of land, or raising or harvesting of any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training of and management of animals, including the sale of products grown on or raised directly on such land and including the construction, alteration or maintenance of fences, agricultural roads, agricultural drainage systems and farm ponds on such lands. The term "farm" is included in this definition.
[Added 7-25-2005 by L.L. No. 7-2005]
AIRSTRIP
Any area of land designed for the operation of aircraft, including hangars, taxiway, landing strips and accessory uses.
ALLEY
A public or private way not more than 40 feet wide affording only secondary means of access to abutting property.
ALTERATIONS
As applied to a building or structure:
A. 
The change or rearrangement in the supporting members of a building or structure such as bearing walls, columns, beams or girders or in the exit facilities;
B. 
An enlargement of a building or structure, whether by extending on a side or by increasing in height;
C. 
The moving from one location or position to another; and
D. 
Any alteration whereby a structure is adapted to another or different use.
AMATEUR RADIO TOWERS
Radio towers owned and operated by an amateur radio operator, licensed by the Federal Communications Commission (FCC) and used solely for noncommercial purposes, without any financial compensation. The height of an amateur radio tower including antennas shall be governed by the provisions regulating accessory uses and structures of this chapter.[2]
ANNEXATION
Combining two or more adjacent parcels under the same ownership into one or more larger lots.
[Added 11-24-2000 by L.L. No. 8-2000]
ANTIQUE OR CLASSIC AUTO
A motor vehicle owned and operated as an exhibition piece or collector's item, not used for daily transportation and manufactured more than 25 years prior to the current calendar year.
[Added 7-25-2005 by L.L. No. 8-2005]
APARTMENT
A dwelling unit that is intended to be leased or rented. This shall not be deemed to include a motel, hotel, boarding house or travel trailer.
[Amended 6-28-2010 by L.L. No. 3-2010]
APARTMENT BUILDING
A building arranged, intended or designed to provide three or more apartments or condominiums, independent of each other, but having common hallways and entrances.
[Amended 3-16-2015 by L.L. No. 3-2015]
APARTMENT BUILDING DEVELOPMENT
An apartment building or group of apartment buildings.
[Added 3-16-2015 by L.L. No. 3-2015]
APPLICANT
The owner of land proposed to be subdivided or developed or his agent. Proof of agency shall be required from the legal owner of the land proposed to be subdivided or developed.
[Added 7-25-2005 by L.L. No. 5-2005]
ARCHITECT
A person registered as an architect (RA) by the State of New York.
[Added 7-25-2005 by L.L. No. 7-2005]
ARCHITECTURAL FEATURE
A prominent or characteristic part of a building. The following are examples of architectural features: windows, columns, awnings, marquee and fascia.
[Added 3-23-1992 by L.L. No. 3-1992]
AREA
The extent of horizontal surface contained within the boundaries or extremities of land or building. See also "floor area," "floor area, gross," "floor area, habitable," and "lot area."
[Amended 6-28-2010 by L.L. No. 3-2010]
ARTICLE 16
Whenever the term "Article 16" shall appear in the Town Code, it shall be understood to mean Town Law Article 16, Chapter 62 of the Consolidated Laws of New York State, as it may be amended from time to time.[3]
[Added 7-25-2005 by L.L. No. 7-2005; amended 6-28-2010 by L.L. No. 3-2010]
ATTENTION-GETTING DEVICE
Any streamer, spinner, light, balloon, nongovernmental flag or similar device or ornamentation used for purposes of attracting attention for advertising or commercial speech.
[Added 3-23-1992 by L.L. No. 3-1992]
AUTOMOBILE OR MANUFACTURED HOME SALES
An open area, other than a street, used for the display, sale or rental of new or used motor vehicles or manufactured homes in operable condition and where no repair work is done.
[Added 7-25-2005 by L.L. No. 7-2005; amended 6-28-2010 by L.L. No. 3-2010][4]
AUTOMOBILE WRECKING
See "junkyard."
[Amended 7-25-2005 by L.L. No. 7-2005]
AVERAGE FINISHED GRADE
A reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Average grade is calculated by adding the averages between any grade change and dividing by the total number of quantities for the perimeter of the structure.
[Added 7-25-2005 by L.L. No. 7-2005]
BALCONY
An exterior floor projecting from and supported by a structure without additional independent supports.
[Added 9-1-2009 by L.L. No. 2-2009]
BARN
A detached building or structure used to support an established agricultural activity. Said building or structure may be used for the housing of farm animals, agricultural products, agricultural materials, or agricultural equipment.
[Added 7-25-2005 by L.L. No. 7-2005]
BARN, NONAGRICULTURAL
See "accessory building."[5]
[Added 9-1-2009 by L.L. No. 2-2009; amended 4-8-2013 by L.L. No. 2-2013]
BASEMENT
A portion of a building that is partially or completely below grade.
[Amended 7-25-2005 by L.L. No. 7-2005]
BED-AND-BREAKFAST ESTABLISHMENT
See "tourist home."
[Added 7-25-2005 by L.L. No. 7-2005]
[Added 7-25-2005 by L.L. No. 3-2005]
A. 
A room with certain features characteristic of bedrooms;
B. 
A room with a minimum of 70 square feet in size; and
C. 
A room which meets emergency egress requirements set forth in the New York State Building Code.
D. 
The presence or absence of a closet shall not be determinative of whether a room is to be deemed a bedroom. In the absence of evidence that conclusively establishes that a room is not a bedroom, the room in question may be deemed a bedroom. Any proposed future rooms that possess the characteristics of a bedroom set forth above must be included for the purposes of determining the size of an on-site wastewater treatment system.
BLOCK
The length of a street between two intersections.[6]
BOARDING HOUSE (ROOMING HOUSE)
Any dwelling in which more than three persons either individually or as families are housed or lodged for hire with or without meals. A rooming house or a furnished rooming house shall be deemed a boarding house.
BOATHOUSE
See Chapter 96 for definition of this term.
[Amended 7-25-2005 by L.L. No. 7-2005]
BOND
Any form of security, including a cash deposit, surety bond, collateral, property, or letter of credit, in an amount acceptable to the Town Board and form satisfactory to the Town Attorney. Wherever a bond is required by the Town Code, alternate forms of security shall be reviewed and may be approved by the Town Attorney.
[Added 7-25-2005 by L.L. No. 7-2005; amended 6-28-2010 by L.L. No. 3-2010]
BUFFER AREA
A continuous strip of land area covered with grass, vegetation, trees, fencing, embankments or berms, and designed to provide a physical screen preventing visual access from one use to another and to reduce the escape and/or intrusion of litter, fumes, dust, noise, or other noxious or objectionable elements.
BUILDING
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals, property or business activity. See also "dwelling" and "structure."
BUILDING CODE
The New York State Uniform Fire Prevention and Building Code duly adopted by the Town Board of the Town of Canandaigua.
[Amended 7-25-2005 by L.L. No. 7-2005]
BUILDING COVERAGE
The area of all building footprints on a lot divided by the lot area. This includes all principal and accessory buildings, covered breezeways, covered porches, covered cantilevered structures, and decks.
[Amended 7-25-2005 by L.L. No. 7-2005; 4-8-2013 by L.L. No. 2-2013; 3-16-2015 by L.L. No. 3-2015]
BUILDING FOOTPRINT
The area of a building as measured from the exterior faces of exterior walls. The area of buildings and parts of buildings, without exterior walls, shall be measured from the outer limits of the roof line.
[Added 4-8-2013 by L.L. No. 2-2013]
BUILDING FRONTAGE
The length, in feet, of the side of a building adjacent to and most nearly parallel to a street or public parking lot.
[Added 3-23-1992 by L.L. No. 3-1992]
BUILDING FRONT OR FACE
For purposes of the sign regulations in Chapter 220, Zoning, the outer surface of a building which is visible from any private or public street, highway or driveway, including window display areas.
[Amended 6-28-2010 by L.L. No. 3-2010]
BUILDING GROUP
Any building, which is divided into separate parts by one or more unpierced walls, extending from the ground up. (See "development, multi-use.")
[Amended 7-25-2005 by L.L. No. 7-2005]
BUILDING HEIGHT
The vertical dimension measured from the average finished grade touching the exterior walls of the building to the highest peak of the roof.
[Amended 7-25-2005 by L.L. No. 7-2005]
BUILDING LINE
A line formed by the intersection of a horizontal plane at an average grade level and a vertical plane that coincides with the exterior surface of the building or a projected roof or porch, the vertical plane will coincide with the most projected surface, excluding steps and overhanging eaves less than two feet in width. All yard and setback requirements are measured to the building lines.
BUILDING PERMIT
A permit issued pursuant to the provisions of the Town Code. The term "building permit" shall also include a building permit which is renewed, amended or extended pursuant to any provisions of the Town Code.
[Added 10-17-2006 by L.L. No. 10-2006; amended 6-28-2010 by L.L. No. 3-2010]
BUILDING, PRINCIPAL
A building in which is conducted the main or principal permitted or special permitted use of the lot on which said building is situated.
[Amended 7-25-2005 by L.L. No. 7-2005]
CAMPING GROUND
A parcel of land used or intended to be used, let or rented for transient, vacation and recreational occupancy by persons using tents, or licensed travel trailers, campers, and/or recreational vehicles.
[Amended 7-25-2005 by L.L. No. 7-2005]
CANTILEVER
The free part of a horizontal member of a structure projecting beyond a support.
CARPORT
A structure designed to provide storage space for automobiles, consisting of no more than two walls and a roof. A carport is accessory to, and may be attached to or detached from, the principal residential building.
[Added 6-28-2010 by L.L. No. 3-2010]
CAR WASH ESTABLISHMENT
A parcel of land used primarily for the washing of motor vehicles whether by hand or machine. Said use also includes vacuum devices for the vacuuming of the interiors of motor vehicles and a separate vehicle detail area where additional cleaning services are provided for a fee.
[Added 7-25-2005 by L.L. No. 7-2005]
CERTIFICATE OF OCCUPANCY/CERTIFICATE OF COMPLIANCE
A certificate issued pursuant to § 92-5 of the Town Code.
[Amended 7-25-2005 by L.L. No. 7-2005; 10-17-2006 by L.L. No. 10-2006]
CERTIFICATE OF ZONING COMPLIANCE
A certificate issued by the Zoning Officer certifying that a land use, structure, nonhabitable space or accessory use, or sign is in compliance with all requirements of the Town's Code and local laws in existence as of the date of the issuance of the certificate of zoning compliance.
[Added 7-25-2005 by L.L. No. 7-2005]
CLEAR SIGHT TRIANGLE
An unobstructed vision at street intersections defined by lines of sight within the triangle created by connecting a point where streets intersect, a point 500 feet back on higher classification street, and 15 feet back on lower classification street.
[Amended 7-25-2005 by L.L. No. 7-2005; 7-15-2019 by L.L. No. 3-2019]
CLERK OF THE PLANNING BOARD
For the purpose of the submission of plats for approval pursuant to Town Law, § 276, the Clerk of the Planning Board shall be the Town Zoning Officer (ZO) and the office of the ZO shall be at the Canandaigua Town Hall, Monday through Friday during normal business hours.
[Added 7-25-2005 by L.L. No. 7-2005]
CLUB
An organization catering exclusively to members and their guests, including premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, provided there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club or as permitted by separate ordinance or local law.[7]
COMMERCIAL COLLECTOR
A person having a regular route for or business of collection of garbage and rubbish.
[Added 8-1-1966]
COMMERCIAL EXCAVATION OPERATION
The removal of topsoil or subsurface aggregate from a site, including but not limited to stone, sand, gravel or topsoil for sale as an industrial or commercial operation. See also "mining permit."
[Added 7-25-2005 by L.L. No. 7-2005]
COMMERCIAL HORSE BOARDING OPERATION
An agricultural enterprise, consisting of at least 10 acres and boarding at least 10 horses, regardless of ownership, that receives $10,000 or more in gross receipts annually from fees generated either through the boarding of horses or through the production for sale of crops, livestock, and livestock products associated with such operation, or through both such boarding and such production. Under no circumstances shall this subdivision be construed to include operations whose primary on-site function is horse racing.[8]
[Added 12-22-2004 by L.L. No. 7-2004; amended 6-28-2010 by L.L. No. 3-2010]
COMMON AREA
Space reserved for use by any and all residents of a housing development including but not limited to halls, stairways and landings in apartment houses; or, spaces reserved for use by any and all residents of a homeowners' association.
[Amended 7-25-2005 by L.L. No. 7-2005]
COMMON PUBLIC VIEWING AREA
A public street, designated vista point (as identified in the Town of Canandaigua Farmland and Open Space Plan, on the Land of Conservation Interest Map), a public park, or any location upon the surface of Canandaigua Lake which is located within a one mile radius of the site's ridgeline.
[Added 5-16-2006 by L.L. No. 1-2006]
COMMUNICATIONS INSTALLATIONS
A telecommunication tower or telecommunications antenna affixed to a structure that are used for primarily for the provision of personal wireless telecommunication services to a public utility, public service agency, or the general public.
[Added 7-25-2005 by L.L. No. 4-2005]
COMMUNITY
Land comprising the Town of Canandaigua, exclusive of the City of Canandaigua, Ontario County, New York.
[Amended 7-25-2005 by L.L. No. 7-2005]
COMMUNITY BENEFITS OR AMENITIES
Open space, housing for persons of low or moderate income, parks, elder care, day care or other specific physical, social or cultural amenities, or cash in lieu thereof, to benefit the residents of the community as authorized by the Town Board.
[Added 3-15-2004 by L.L. No. 2-2004]
COMMUNITY FACILITY
Any development or improvement the purpose of which is to benefit the common interests of the residents of the Town or the residents of a particular portion of the Town.
[Added 7-25-2005 by L.L. No. 7-2005]
COMPLIANCE ORDER
An order issued by the Code Enforcement Officer or Personnel pursuant to § 92-13 of the Town Code.
[Added 10-17-2006 by L.L. No. 10-2006]
COMPREHENSIVE PLAN
The document entitled "Town of Canandaigua Comprehensive Plan," prepared pursuant to the provisions of § 272-a of New York Town Law and as may be amended from time to time by the Town Board.
[Added 3-15-2004 by L.L. No. 2-2004]
CONDOMINIUM
An ownership arrangement in which the interior of a housing unit is individually owned, while the exterior, including land and facilities (common elements), is owned in common by all homeowners in the development. The owner has title to the interior individual dwelling and a shared interest in the common elements.
CONSERVATION EASEMENT
An easement, covenant, restriction or other interest in real property, created under and subject to the provisions of Title 3, § 49-0301 et seq., of the New York State Environmental Conservation Law which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, or natural condition, character, significance or amenities of the real property in a manner consistent with the public policy set forth in § 49-0301 et seq. of the ECL, the adopted Town of Canandaigua Comprehensive Plan and the adopted Farmland and Open Space Conservation Plan of the Town of Canandaigua.[9]
[Added 3-15-2004 by L.L. No. 2-2004]
CONSTRUCTION COMPANY
Any business related to the construction trade, including but not limited to paving companies, concrete companies, sand and gravel companies, topsoil companies, bricklayers, on-site wastewater treatment installation companies, well drillers, installation and building companies and similar businesses where machinery, equipment, supplies and materials are stored and maintained for use or installation at another location.
[Added 3-20-2007 by L.L. No. 3-2007]
CONSTRUCTION DETAIL
The maps or drawings accompanying a subdivision plan showing the specific location, size and design of all subdivision improvements.
[Added 10-17-2006 by L.L. No. 13-2006]
CONSTRUCTION SEQUENCE PLAN
A written narrative, inserted on the site plan drawing or submitted as a separate document, describing the approach and sequencing of all construction activities.
[Added 3-20-2017 by L.L. No. 6-2017]
CONSTRUCTION VEHICLE
A commercial vehicle customarily used in the construction trades, including but not limited to vehicles used for excavation and moving of earth and vehicles used for hauling construction materials.
[Added 7-25-2005 by L.L. No. 8-2005]
CONTRACTOR
An agent acting for the developer to construct the required improvements of the project. The "contractor" is responsible to perform the work in conformance with these requirements subject to the approval of Town officials.
[Added 7-25-2005 by L.L. No. 7-2005]
CONTRACTOR STORAGE YARD
A lot, or portion thereof, used for the purposes of stockpiling aggregate materials such as stone, gravel, road salt, sand and topsoil, also for the storage of pipe, bricks, paving stones, materials used by on-site wastewater treatment installation companies, structures and piping, light poles, landscaping materials, fences and mulch for use or installation at another location.
[Added 3-20-2007 by L.L. No. 3-2007; amended 6-28-2010 by L.L. No. 3-2010]
CONVENIENCE STORE
A retail establishment occupying not more than 4,000 square feet of gross floor area, a primary purpose of which is the sale of prepackaged food products and household items, including carry-out fast-food-type items, milk, beverages, cigarettes, coffee and grocery items; which is open for business more than 12 hours per day; and operates in a manner which results in rapid turnover of customers. A convenience store may also sell petroleum products in a self-service manner, provided that the number of gasoline dispensers shall not exceed six, and the number of diesel fuel dispensers and kerosene dispensers shall not exceed one of each type. As used in this Code, the term also means "mini-mart."
[Added 7-25-2005 by L.L. No. 7-2005; amended 6-28-2010 by L.L. No. 3-2010]
CONVENIENCE STORE/PETROLEUM STATION
A building or lot available to the public and operated for gain which is used for the retail sales identified above as a convenience store and the dispensing of petroleum and/or other fueling products to the general public.[10]
[Added 7-25-2005 by L.L. No. 7-2005]
COPY
Any graphic depiction, logo, letter, numeral, symbol, insignia, text, sample, model, device, or combination thereof, which relates to advertising, identification, notification, or communication.
[Added 3-23-1992 by L.L. No. 3-1992]
CORNER LOT
A piece of property that abuts two intersecting roads.
CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS
Includes, but is not limited to the following:
[Added 12-2-2004 by L.L. No. 7-2004]
A. 
Field crops, including corn, wheat, oats, rye, barely, hay, potatoes and dry beans.
B. 
Fruits, including apples, peaches, grapes, cherries and berries.
C. 
Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions.
D. 
Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers.
E. 
Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals, milk, eggs and furs.
F. 
Maple sap.
G. 
Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump.
H. 
Aquaculture products, including fish, fish products, water plants and shellfish.
I. 
Woody biomass, which means short rotation woody crops raised for bio-energy, and shall not include farm woodland.
CROSSWALK
A marked crossing or other identified space intended for pedestrian use in crossing a public street.
[Added 7-25-2005 by L.L. No. 7-2005]
CUL-DE-SAC
A minor street intersecting another street at one end and terminated at the other end by a circular vehicular turnaround.
CURB LEVEL
The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line. Where a building is on a corner lot, the curb level is the average of the mean levels of the curb on the two intersection streets. Where no such grade has been established, the Highway and Water Superintendent shall establish same.
DAY-CARE CENTER
A facility duly permitted by the New York State Department of Social Services, for the care of seven or more children for less than 24 hours each day.
[Amended 7-25-2005 by L.L. No. 7-2005]
DEDICATION
The deliberate appropriation of land by its owner for any general public use, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public use to which the property has been devoted.
DETACHED GARAGE (PRIVATE)
An accessory building/structure for the storage of vehicles by the owner or occupants of the principal building or structure that does not contain any provision or facility for repairing or servicing vehicles for profit. A portion of the structure may be used for the storage of household items or personal property. A detached private garage shall not include any habitable space. A detached private garage shall not exceed 900 square feet in area.
[Added 9-1-2009 by L.L. No. 2-2009]
DEVELOPER
An individual, partnership or corporation or agent thereof holding title to a parcel of land and applying for permits to develop said land.
[Added 7-25-2005 by L.L. No. 7-2005]
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations.
DEVELOPMENT, MULTI-USE
A developed parcel of real property upon which more than one principal building is constructed or principal use conducted, as in the case of a shopping center, plaza or mall or industrial complex or park, or in the case of a principal building having both residential and nonresidential use as permitted by the provisions of Chapter 220 of the Town Code.
[Amended 7-25-2005 by L.L. No. 7-2005]
DEVELOPMENT, SINGLE-USE
A developed parcel of real property upon which no more than one principal building is constructed or principle use conducted. Construction of buildings and/or conduct of uses which are incidental or accessory to a principal building or principal use shall not cause a single-use development to be considered a multi-use development.
[Added 3-23-1992 by L.L. No. 3-1992]
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of a tree trunk measured at a point 4 1/2 feet above ground level.
[Added 3-20-2017 by L.L. No. 6-2017; amended 6-19-2017 by L.L. No. 12-2017]
DISCARDED VEHICLE
Any vehicle which the owner thereof does not intend to recover the possession of, or any vehicle the owner of which cannot be found after due and reasonable inquiry.
[Added 7-25-2005 by L.L. No. 8-2005]
DISPLAY SURFACE
Exposed surface of a sign upon which copy is affixed so as to be in open view.
[Added 3-23-1992 by L.L. No. 3-1992]
DISTANCE
For the purpose only of the term defined in Chapter 202 of the Town Code, shall be the shortest horizontal linear distance from the nearest point of a structure or object to the high water mark of Canandaigua Lake, the property line or the edge, margin, or top of a precipitous bank forming the ordinary high water mark of a watercourse.
[Added 7-25-2005 by L.L. No. 3-2005]
DISTRICT
A portion of the territory of the Town of Canandaigua within which certain uniform regulations and requirements, or various combinations thereof, apply under the Town of Canandaigua Zoning Code and other Town of Canandaigua local laws or regulations.
DISTURBANCE
The removal of vegetation, any and all excavation (including but not limited to the use of motorized machinery on soil), grading, filling, removal of soil or rock, demolition of existing structures, access created for construction purposes, drilling, trenching, benching, terracing, backfilling, storm and erosion control work, embankment stabilization, installation or construction of catch basins, culvert piping, swales, ditches, rip rap, construction entrances, driveways (including shared), retaining walls or improvements of a similar nature, utility work, placing or filling soil on top of the natural vegetative cover and the conditions resulting from any of such activities.
[Added 3-20-2017 by L.L. No. 6-2017]
DIVISION OF LAND
See "subdivision" for a definition of this term.
[Added 7-25-2005 by L.L. No. 7-2005]
DOCK ON PRIVATE PROPERTY (NONNAVIGABLE WATER)
A structure erected within the water to provide access to a private, nonnavigable body of water. Such structure may have railings but shall not be enclosed on any side, shall have no roof, no sound system and no electrical service when located in the front yard. In the absence of a building or other structure on the lot, then the front yard shall be determined to mean the front setback specified in the Zoning District. No such structure shall be placed within any area of special flood hazard without a floodplain development permit first being issued.
[Amended 7-25-2005 by L.L. No. 7-2005; 9-1-2009 by L.L. No. 2-2009]
DOUBLE-FRONTAGE LOT
See "lot, through" for a definition of this term.
[Added 7-25-2005 by L.L. No. 7-2005]
DRAINAGE DISTRICT
A special improvement district established or extended for the purpose of constructing and maintaining stormwater drainage facilities. Also see "special improvement district."
[Added 7-25-2005 by L.L. No. 7-2005]
DRAINAGE EASEMENT
Easements required for the installation or periodic maintenance of stormwater sewers, drainage ditches or detention facilities providing for the flow of water therein to safeguard the public and the environment against danger from flood or erosion.
[Added 7-25-2005 by L.L. No. 7-2005]
DRIVEWAY
A roadway providing a means of access from a street to a property or off-street parking area. An access way may also be deemed a driveway.
[Amended 7-25-2005 by L.L. No. 7-2005]
DRIVEWAY, CROSS-ACCESS
A driveway providing vehicular access between two or more contiguous lots.
[Added 7-17-1998 by L.L. No. 7-1998]
DRIVEWAY, SHARED
A driveway connecting two or more contiguous lots to the public street system.
[Added 7-17-1998 by L.L. No. 7-1998]
DWELLING
A building or portion thereof designed or used as the living quarters for one or more families or for individuals. The term "dwelling" shall not be deemed to include a motel, hotel, boarding house or recreational vehicle. See also "building" and "structure."
DWELLING, MANUFACTURED
A structure transportable in one or more sections that, in the traveling mode, is eight feet (2,438 mm) or more in width or 40 feet (12,192 mm) or more in length or, when erected on site, is 320 square feet (29.7 square meters) minimum, and that was built on or after June 15, 1976 on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein. The term "manufactured home" shall also include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer ordinarily files a certification required by the federal department of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974, as amended. The term "manufactured home" shall not include any self-propelled recreational vehicle.[11]
[Amended 7-25-2005 by L.L. No. 7-2005]
DWELLING, SINGLE-FAMILY
A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
[Amended 7-25-2005 by L.L. No. 7-2005]
DWELLING, SINGLE-FAMILY WITH ACCESSORY APARTMENT
A detached residential dwelling unit having the external appearance of a single-family dwelling, but in which there is located a second dwelling unit that does not exceed 50% of the principal dwelling unit nor more than 750 square feet.
DWELLING, TWO-FAMILY
A detached residential building, containing two dwelling units, designed for occupancy and used exclusively by two families independently of each other. A duplex is a two-family dwelling which is designed with a common wall.
DWELLING UNIT
A dwelling or portion of a dwelling providing complete living facilities for one family or for an individual person.
EASEMENT
A right-of-way granted for limited use of private land for a public or quasi-public purpose.
ENGINEER
A person licensed by the State of New York as a professional engineer (PE).
[Added 7-25-2005 by L.L. No. 7-2005]
ESCORT
A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
[Added 7-24-1995 by L.L. No. 4-1995]
ESCORT AGENCY
A person or business association who furnishes, or offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
[Added 7-24-1995 by L.L. No. 4-1995]
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by public utilities or any government department or commission of underground or overhead gas, electrical, telecommunications or water transmission and/or distribution systems, including poles, wires, drains, sewers, pipes, conduits, cables, towers, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishings or adequate service by such public utilities or municipal or other governmental agencies, or to the public health, safety or general facilities or sites for the disposal of waste materials associated with the provision of such services.
[Amended 7-25-2005 by L.L. No. 7-2005]
EXCAVATION
The process of the removal or stockpiling of sand, gravel, soil (including topsoil) or other natural deposits by stripping or digging of a site.
[Amended 7-25-2005 by L.L. No. 7-2005]
EXCAVATION SITE
A parcel of land used for the purpose of extracting stone, sand, gravel or topsoil for sale as in industrial or commercial operation. See also "mining permit."
EXTERIOR ENTRANCE
A direct entrance from a public way to a habitable or tenantable space.
[Added 3-23-1992 by L.L. No. 3-1992]
EXTRACTION USE
The removal of any soil, gravel, natural gas or other earth-generated material from a property with the intent to sell or reuse. Site work performed via building permit in preparation for property improvements, where earth-generated materials are removed off site incidental to construction activities, shall not be deemed an extractive use.
[Added 3-20-2017 by L.L. No. 6-2017; amended 6-19-2017 by L.L. No. 12-2017]
FAMILY
One person or two or more persons, related by blood, foster relationship, marriage or adoption, and, in addition, any domestic servants or gratuitous guests thereof; or one or more persons who need not be so related, and, in addition, domestic servants or gratuitous guests thereof, who are living together in a single, nonprofit dwelling unit and maintaining a common household with single cooking facilities. A roomer, boarder or lodger shall not be considered a member of the family.
[Amended 6-28-2010 by L.L. No. 3-2010]
FARM
Any parcel containing at least seven acres of land which is used for agricultural or farming activities. It includes necessary farm structures and the storage of equipment used.
[Amended 7-25-2005 by L.L. No. 7-2005]
FARM AND CRAFT MARKET
A retail marketplace comprised of independent merchants selling to the public a diverse and varied line of goods and products. Merchandise offered for sale may include, but is not limited to, farm produce, handmade furniture and other cottage craft products, prepared food, meats, antiques, and manufactured goods.
[Added 1-13-1992 by L.L. No. 2-1992]
FARMER
Any person, organization, entity, association, partnership or corporation engaged in the business of agriculture, whether for profit or otherwise, including the cultivation of land, the raising of crops or the raising of livestock.
[Added 5-14-1998 by L.L. No. 2-1998]
FARM BUILDING
Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with, and necessary to the operating of the farm.
FARMING PRACTICES
An activity, now permitted by law, engaged in by a farmer as defined herein in connection with and furtherance of the business of farming and shall include, without limitation, the collection, transportation, distribution, and storage of animal wastes, storage, transportation and use of equipment for tillage, planting and harvesting; transportation, storage and use of legally permitted fertilizers, lime, insecticides and pesticides all in accordance with local, state and federal law and regulation, and in accordance with the manufacturer's instructions and warnings; construction of farm structures and facilities as permitted by local and state building code and regulation; including construction and maintenance of fences.
[Added 5-14-1998 by L.L. No. 2-1998]
FARM LABOR
A person, or persons employed in permanent (more than 51% of the time by the farm operation) or seasonal farm work (less than 51% of the time by the farm operation) who are not a partner or owner of the farm operation.
[Added 12-22-2004 by L.L. No. 7-2004]
FARM LABOR HOUSING
A dwelling unit used by seasonal and/or full-time farm labor employees and their families.
[Added 12-22-2004 by L.L. No. 7-2004]
FARMLAND AND CONSERVATION OPEN SPACE PLAN
The report accepted by the Town Board as part of the implementing phase of the Comprehensive Plan, that provides a detailed inventory of farmland and open space resources throughout the Town. The report provides the strategies to be used by the Town Board, Planning Board, developers and the public to achieve meaningful open space conservation.
[Added 7-25-2005 by L.L. No. 7-2005]
FARM OPERATION
The land used in agricultural production and farming practices conducted on such land, farm buildings, equipment and farm residential buildings.
[Added 7-25-2004 by L.L. No. 7-2004]
FARM VEHICLE
Any vehicle which is used in conjunction with an established farm operation.
[Added 7-25-2005 by L.L. No. 8-2005]
FARM WOODLAND
Land used for the production for sale of woodland products, including but not limited to logs, lumber, posts and firewood. Farm woodland shall not include land used to produce Christmas trees or land used for the processing or retail merchandising of woodland products.
[Added 12-22-2004 by L.L. No. 7-2004]
FENCE
A structure of wood, masonry, wire mesh or other material, which prohibits or inhibits unrestricted travel or view between properties or portions of properties or between the street or public right-of-way and a property.
FILLING
Any activity which deposits natural or artificial material so as to modify the surface or subsurface conditions of land, lakes, ponds or watercourses.
[Added 3-20-2017 by L.L. No. 6-2017; amended 6-19-2017 by L.L. No. 12-2017]
FINISHED GRADE LEVEL
See "average finished grade."
[Amended 7-25-2005 by L.L. No. 7-2005]
FIREWOOD
The trunks and branches of trees and bushes but does not include leaves, needles, vines or brush smaller than three inches in diameter.
[Added 5-15-2007 by L.L. No. 6-2007]
FLAG, GOVERNMENTAL
Any national, state, county, municipal or public safety agency flag.
[Added 3-23-1992 by L.L. No. 3-1992]
FLAG, NONGOVERNMENTAL
Any symbol or signaling device used to attract attention to a commercial or noncommercial enterprise or service.
[Amended 7-25-2005 by L.L. No. 7-2005]
FLOOR
The top surface of an enclosed area in a building, (including basement), i.e., top of a concrete slab construction or top of wood flooring in wood frame construction.
FLOOR AREA
For the purposes of applying the requirements for off-street parking and loading, "floor area," in the case of offices, merchandising or service types of uses, shall mean the floor area used or intended to be used by tenants or for service to the public as customers, patron, clients or patients, including areas occupied by fixtures and equipment used for display or sales of merchandise. It shall not include areas used principally for nonpublic purposes such as storage, incidental repair, processing or packaging of merchandise, for shop windows, for offices incidental to the management or maintenance of stores or buildings, for toilet or restrooms, for utilities or for dressing rooms, fitting rooms or alteration rooms. For the purposes of applying the requirements for multi-use development identification signs, floor area shall not include areas used for mini-storage.
[Amended 7-15-2019 by L.L. No. 3-2019]
FLOOR AREA, GROSS
The sum of the gross horizontal areas of all floors of a building or buildings, measured from the inside faces of exterior walls or from the center line of walls separating two uses.
FLOOR AREA, HABITABLE
The horizontal area of any floor of a building designed and intended for living purposes, which includes working, sleeping, eating, cooking or recreation or combination thereof. A floor used only for storage purposes is not a "habitable floor." All dimensions shall be measured from the interior faces of exterior walls or from the center line of the base of walls separating two dwelling units.
FUNCTIONAL CLASSIFICATION
A system used to group public streets into classes according to their purpose in moving vehicles and providing access to abutting properties.
[Added 7-17-1998 by L.L. No. 7-1998]
GARAGE, PRIVATE
A building which provides for the storage of motor vehicles by the owner or occupants of the lot on which it is erected, with no provision for repairing or servicing such vehicles for profit. A portion of the structure may be used for the storage of household items and other personal hobbies.
[Amended 7-25-2005 by L.L. No. 7-2005; 4-8-2013 by L.L. No. 2-2013]
GARAGE, PUBLIC PARKING
A structure other than a private garage used for the parking of motor vehicles available to the public.
GARAGES, COMMERCIAL OR REPAIR
See "motor vehicle service station."
GARBAGE
Includes all putrescible animal and vegetable waste resulting from growing, processing, marketing and preparation of food items, ashes, cinders, and animal feces.
[Added 6-27-1988 by L.L. No. 3-1988; amended 6-28-2010 by L.L. No. 3-2010; 8-20-2018 by L.L. No. 5-2018]
GRADING
The alteration of the surface or subsurface conditions of land, lakes, ponds or watercourses by excavation or filling.
[Added 3-20-2017 by L.L. No. 6-2017; amended 6-19-2017 by L.L. No. 12-2017]
GRADING PLAN
A topological plan showing all present and proposed elevation contours at such intervals of elevation as are required herein.
[Added 7-25-2005 by L.L. No. 7-2005]
GROSS SALES VALUE
The proceeds from the sale of:
[Added 12-22-2004 by L.L. No. 7-2004]
A. 
Crops, livestock and livestock products produced on land used in agricultural production; provided, however, that whenever a crop is processed before sale, the proceeds shall be based upon the market value of such crop in its unprocessed state;
B. 
Woodland products from farm woodland eligible to receive an agricultural assessment, not to exceed $2,000 annually;
C. 
Honey and beeswax produced by bees in hives located on an otherwise qualified farm operation but which does not independently satisfy the gross sales requirement; and
D. 
Maple syrup processed from maple sap produced on land used in agricultural production in conjunction with the same or an otherwise qualified farm operation.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A Solar Energy System that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure for the primary purpose of producing electricity for on-site consumption.
[Added 12-19-2016 by L.L. No. 10-2016]
GROUND FLOOR AREA
The maximum horizontal area of a building at the ground level. The minimum ground floor area refers to the principal residence within the limits of the principal foundation walls, excluding all accessory buildings, private garages, porches, patios or other accessory structures.
GULLY
A natural geologic formation that carries water during or immediately after storm events and has a ten-foot vertical rise or greater from the toe of slope to the top of the bank and whose banks have a greater than 50% slope.
[Added 6-19-2017 by L.L. No. 12-2017]
HEAVY EQUIPMENT STORAGE/SALES/SERVICE
A lot used for the purposes of storage, rental, sales and service of farm and heavy construction equipment and machinery, including logging equipment, tractor trailers and related farm and heavy transportation equipment such as bulldozers, backhoes, shovels, earthmovers, rollers, compressors, trucks over 2 1/2 tons, tractors, other construction equipment and other heavy machinery vehicles or motors.
[Added 3-20-2007 by L.L. No. 3-2007]
HEIGHT, SIGN
A measure of the distance from the edge of a sign nearest the ground to the edge furthest. The height of a sign above the adjacent ground is a measure of the distance from the adjacent ground to the edge furthest from the adjacent ground.
[Added 3-23-1992 by L.L. No. 3-1992]
HOME OCCUPATION
A nonresidential use clearly subordinate to the permitted principal residential use of the premises.
[Amended 7-25-2005 by L.L. No. 6-2005]
A. 
Any home occupation that is not a minor home occupation.
B. 
Any home occupation that:
(1) 
Involves no person other than persons residing on the premises;
(2) 
Shows no visible evidence (including signage) from the exterior of the dwelling unit;
(3) 
Generates no additional traffic and no need for off-street parking beyond the customary needs of the occupants of the dwelling unit;
(4) 
Uses no equipment which would not customarily be used by the occupants of the dwelling unit;
(5) 
Is conducted entirely inside the principal dwelling unit on the premises;
(6) 
Involves:
(a) 
No retail sales where the public visits the premises to purchase;
(b) 
No exterior display or storage of goods, materials, equipment, or inventory;
(c) 
No other activities requiring a permit;
(d) 
No noise other than that which is customarily generated by the occupants of the dwelling unit;
(e) 
No vehicles larger than a four wheel truck and/or a four wheel trailer, both of which shall be stored within a completely enclosed building during nonbusiness hours;
(f) 
No internal or external alterations or involve the construction features or use of mechanical equipment not customary in a dwelling and that the entrance to the space devoted to such occupation shall be only from within the dwelling; and the lesser of 15% or 350 square feet of gross floor area of the principal dwelling unit.
HOTEL
See "motel."
HOT TUB
See definition of "swimming pool."
[Added 2-29-1997 by L.L. No. 7-1997; amended 10-25-2010 by L.L. No. 5-2010]
HUMAN EXCRETA
Feces, urine, or other human excretions.
[Added 7-25-2005 by L.L. No. 3-2005]
IMPROVEMENTS
Those physical additions and changes to the land, whether or not offered for dedication, that are designed to produce functional lots. Improvements include, but are not limited to, grading, paving, curbing, fire hydrants, water mains, sanitary sewers and drains, on-site wastewater treatment systems, stormwater sewers, ditches, ponds and culverts, site lighting, signage, sidewalks, crosswalks and required plantings.
[Added 7-25-2005 by L.L. No. 7-2005; amended 6-28-2010 by L.L. No. 3-2010]
INDIVIDUAL SEWAGE SYSTEM
See "on-site waste water treatment system."
[Added 7-25-2005 by L.L. No. 7-2005]
INOPERATIVE VEHICLE
See "Abandoned Vehicle."
[Added 10-15-2018 by L.L. No. 7-2018]
INSPECTOR
An agent of the Town empowered to inspect the progress of the project and compliance of the construction with the approved lots and specifications.
[Added 7-25-2005 by L.L. No. 7-2005]
INTEREST
For purposes of Chapter 21, a financial or material benefit accruing to a municipal officer or employee unless the context otherwise requires.
[Added 10-19-1970 by L.L. No. 1-1970; amended 12-16-2008 by L.L. No. 4-2008]
INTERIOR WALK
A right-of-way for pedestrian use extending from a street into a block or across a block to another street.
ITEM OF INFORMATION
A symbol, syllable, word, odd shape or broken plane.
[Added 3-23-1992 by L.L. No. 3-1992]
JUNK
Includes scrap metals and their alloys, bones, used materials and products, such as rags and cloth, rubber, rope, tinfoil, bottles, old tools and machinery, fixtures and appliances, lumber, boxes or crates, pipe and pipe fittings, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition.
JUNKED VEHICLE
See "Abandoned Vehicle."
[Added 10-15-2018 by L.L. No. 7-2018]
A. 
A lot, land or structure, or part thereof, where junk, waste, discarded or salvaged materials are bought, sold, exchanged, sorted, baled, packed, disassembled, handled or abandoned, including: automobile or other vehicle or machinery, wrecking or dismantling yards; house wrecking yards; used lumber yards; places or yards for storage of salvaged house wrecking and structural steel materials and equipment; or where any unregistered motor vehicle is held outside of a completely enclosed building, whether for the purpose of reclaiming for use some or all the materials therein, or for the purpose of storage or disposing of the same for any other purpose. The term "junkyard" shall not include pawn shops and establishments for the sale, purchase or storage of used furniture, household equipment and clothing, or for processing of used, discarded or salvaged materials as part of manufacturing operations.
B. 
Exceptions:
(1) 
New, and/or used motor vehicles which are operable qualify for a current New York State Motor vehicle inspection sticker under Article 5 of the New York Motor Vehicle and Traffic Law, and are offered for sale to the public, may be stored on premises on which new or used car sales may be conducted in accordance with the provisions of Town Zoning Code.
(2) 
The storage of vehicles subject to seasonal use such as recreational vehicles and snowmobiles even though such vehicles may be unlicensed during the part of the year they are not in use.
(3) 
The storage of agricultural equipment, machinery and vehicles in an Agricultural Rural Residential District which are being used in farm operation.
[Amended 6-28-2010 by L.L. No. 3-2010]
KENNEL
Any premises on which four or more dogs, six months old or older are kept, bred and/or boarded.
LAKE
Canandaigua Lake as bounded by its mean high water mark of 689.41 MSL.
[Added 7-25-2005 by L.L. No. 3-2005]
LAND DISTURBANCE
All actions that expose bare soil including but not limited to removal of vegetation and root systems, land clearing and grubbing, grading, excavation, filling, demolition, and stockpiling, but does not include agricultural land uses. Land disturbance does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of a facility.
[Added 6-19-2017 by L.L. No. 12-2017]
LAND USED IN AGRICULTURAL PRODUCTION
Not less than seven acres of land used as a single operation in the preceding two years for the production for sale of crops, livestock or livestock products of an average gross sales value of $50,000 or more, or not less than seven acres of land used in the preceding two years to support a commercial horse boarding operation with annual gross receipts of $10,000 or more, subject to the approval of the county legislative body. Land used in agricultural production shall not include land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in agricultural production shall also include:
[Added 12-22-2004 by L.L. No. 7-2004]
A. 
Rented land which otherwise satisfies the requirements for eligibility for an agricultural assessment.
B. 
Land of not less than seven acres as a single operation for the production for sale of crops, livestock or livestock products, exclusive of woodland products, which does not independently satisfy the gross sales value requirement, where such land was used in such production for the preceding two years and currently is being used under a written rental arrangement of five or more years in conjunction with land which qualifies for an agricultural assessment.
C. 
Land used in support of a farm operation or land used in agricultural production, constituting a portion of a parcel, as identified on the assessment roll, which also contains land qualified for an agricultural assessment.
D. 
Farm woodland which is part of land which is qualified for an agricultural assessment; provided, however, that such farm woodland attributable to any separately described and assessed parcel shall not exceed 50 acres.
E. 
Land set aside through participation in a federal conservation program pursuant to Title 1 of the Federal Food Security Act of 1985 or any subsequent federal programs established for the purposes of replenishing highly erodible land which has been depleted by continuous tilling or reducing national surpluses of agricultural commodities.
F. 
Land of not less than seven acres used as a single operation in the preceding two years for the production for sale of crops, livestock or livestock products of an average gross sales value of $10,000 or more, or land of less than seven acres used as a single operation in the preceding two years for the production for sale of crops, livestock or livestock products of an average gross sales value of $50,000 or more.
G. 
Land under a structure within which crops, livestock or livestock products are produced, provided that the sales of such crops, livestock or livestock products meet the gross sales requirements of Subsection F of this definition.
LARGE-SCALE SOLAR ENERGY SYSTEM
A Solar Energy System that is ground-mounted and produces energy primarily for the purpose of off-site sale or consumption, or which exceeds 1,000 square feet in total area.
[Added 12-19-2016 by L.L. No. 10-2016]
LETTER OF CREDIT
An instrument issued by a bank which guarantees the availability of funds in a specific amount for withdrawal by the Town and is intended to guarantee the complete and satisfactory construction of improvements in accordance with approved plans.
[Added 7-25-2005 by L.L. No. 7-2005]
LICENSE
Written authorization by a designated Town Official to conduct the operation of a particular use of land subject to all conditions of approval as may have been granted and for the time period specified within said license document.
[Added 10-17-2006 by L.L. No. 11-2006]
LOADING SPACE, OFF-STREET
Space logically and conveniently located for public pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles.
LODGING ROOM
A room rented as sleeping and living quarters, but without cooking facilities with or without an individual bathroom.
LOGO
Any picture, shape or drawing, with or without letters or words, used to identify a product, service or business, or organization.
[Added 3-23-1992 by L.L. No. 3-1992]
LONG-TERM CARE FACILITY
Any place or institution for the aged, infirm, senile or convalescent, established to render, for compensation, domiciliary care, custody, treatment and/or lodging of two or more persons who require or receive special diet; assistance in feeding, dressing, walking, administering medicines or carrying out the treatment of a doctor licensed by the State of New York in any other ordinary daily activities of life; or are confined to a bed or a chair. This item does not include institutions for the treatment of the mentally ill, hospitals, sanitariums, boarding houses and the like.
[Added 6-28-2010 by L.L. No. 3-2010]
LOT
A parcel of land considered as a unit, devoted to a certain use and occupied, or capable of being occupied, by a building or group of buildings that are united by a common interest or use, and the customary accessory uses and open space belonging to same.
LOT AREA
The square footage or acreage contained within the boundaries of a lot. Any portion of a lot included in a public road, street or highway right-of-way shall not be included in calculating lot area.
LOT, CORNER
A parcel of land at the junction of, and fronting on, two or more intersecting streets. All corner lots shall be deemed to have two front yards, two side yards and no rear yard.
LOT COVERAGE
The area of all structures on a lot divided by the lot area.
[Added 3-16-2015 by L.L. No. 3-2015]
LOT DEPTH
The minimum horizontal distance from the front lot line of a lot to the rear line, measured at right angles 90° to the front lot line.
LOT FRONTAGE
The front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots, all sides of a lot adjacent to streets shall be considered front yards.
[Amended 11-28-1994 by L.L. No. 7-1994]
LOT, LAKEFRONT
A parcel of land which adjoins Canandaigua Lake.
[Amended 11-28-1994 by L.L. No. 7-1994]
LOT LINE ADJUSTMENT
Alteration of existing parcel boundaries where no additional parcels are created. This includes consolidation of parcels and annexation of property to existing parcels.
[Added 12-5-2011 by L.L. No. 11-2011]
LOT LINE, FRONT
The line separating the lot from the boundary of the highway or right-of-way upon which the lot abuts.
LOT LINE, REAR
The lot line opposite and most distant from the front lot line.
LOT LINE, SIDE
The lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
LOT LINE, STREET OR ALLEY
A lot line separating the lot from a street or alley.
LOT OF RECORD
A lot which is part of an approved subdivision recorded in the office of the County Clerk or a lot described by metes and bounds, the description of which has been so recorded.
LOT, THROUGH
A lot which is not a corner lot and which has frontage on two streets.
LOT WIDTH
The horizontal distance across the lot between side lot lines at the street line.
MANUFACTURED HOME
See "dwelling, manufactured" for definition of this term.
[Added 7-25-2005 by L.L. No. 7-2005]
MANUFACTURED HOME LOT
A parcel of land within a manufactured home park reserved for the placement of a manufactured home and the exclusive use of its occupants.
[Added 7-25-2005 by L.L. No. 7-2005; amended 6-28-2010 by L.L. No. 3-2010]
MANUFACTURED HOME PARK
A parcel of land under single ownership which has been planned and/or improved for the placement of two or more manufactured homes for nontransient use.
[Added 7-25-2005 by L.L. No. 7-2005]
MANUFACTURED HOME STAND
That part of the manufactured home lot which has been reserved for the placement of a manufactured home, appurtenant structure or additions, including driveway apron and patio. The "manufactured home stand" is derived from the area of the lot which remains after all setbacks are met.
[Added 7-25-2005 by L.L. No. 7-2005]
MASS GRADING
Grading that is completed on a large scale over a large area prior to preliminary grading and which when completed is within two vertical feet of the sites final grade elevations. "Large scale" and "large area" are site-specific determinations and will be determined by the Town CEO in consultation with the Town Engineer, Watershed Inspector and Watershed Program Manager.
[Added 11-4-2009 by L.L. No. 3-2009]
MEAN LOW AND HIGH WATER LEVEL
The approximate average low water level or high water level for a given body of water at a given elevation, determined by reference from survey datum provided by the United States Geological Service (USGS). According to the New York State Office of General Services, the mean low water level for Canandaigua Lake is 686.60 feet above mean sea level (National Geodetic Vertical Datum of 1929). According to the New York State Department of Environmental Conservation, Division of Environmental Permits, the mean high water level is 689.40 feet above mean sea level (National Geodetic Vertical Datum of 1929). These heights are measured above mean sea level.
[Added 7-25-2005 by L.L. No. 7-2005; amended 3-16-2015 by L.L. No. 3-2015]
MINING PERMIT
A valid permit from the New York State Department of Environmental Conservation issued pursuant to Title 27, Article 23 of the Environmental Conservation Law. See also "excavation."
MINI-STORAGE
A building or group of buildings where secured areas are rented to individuals for storage of household items and other nonhazardous, nonperishable durable goods. The storage areas are designed to allow private access by the tenant for storing or removing personal property. For the purpose of this definition, the term "mini-storage" shall have the same meaning as "self-storage."
[Added 11-4-2009 by L.L. No. 3-2009]
MINOR
Person under 21 years of age, except for a minor as defined as being an owner in Chapter 79, Animals, of the Town of Canandaigua Town Code.
[Amended 7-25-2005 by L.L. No. 7-2005]
MIXED-USE STRUCTURE
A structure on a parcel of land within which are independently operated two or more commercial/business/industrial uses or one or more nonresidential uses operating independently of a residential use.
[Added 3-23-1992 by L.L. No. 3-1992]
MOBILE HOME
A moveable or portable dwelling unit that was built prior to June 15, 1976 and designed and constructed to be towed on its own chassis, comprised of frame and wheels, connected to utilities, and designed and constructed without a permanent foundation for year-round living, excluding travel trailers.
[Amended 7-25-2005 by L.L. No. 7-2005]
MOBILE HOME LOT
A parcel of land within a mobile home park reserved for the placement of a mobile home and the exclusive use of its occupants.
MOBILE HOME PARK
A parcel of land under single ownership which has been planned and/or improved for the placement of two or more mobile homes for nontransient use.
MOBILE HOME STAND
That part of the mobile home lot which has been reserved for the placement of a mobile home, appurtenant structure or additions, including driveway apron and patio. The "mobile home stand" is derived from the area of the lot which remains after all setbacks are met.
MODULAR HOME
A structure approved by the State of New York and designed primarily for residential occupancy and constructed by a method or system of construction whereby the structure or its components are wholly or in substantial part manufactured in manufacturing facilities, intended or designed for permanent installation or assembly and permanent installation.
[Added 7-25-2005 by L.L. No. 7-2005; amended 12-5-2011 by L.L. No. 11-2011]
MONUMENT
A permanent reference marker set at points as required in Chapter 174 of the Town Code.
[Added 7-25-2005 by L.L. No. 7-2005]
MOTEL
A building or buildings containing sleeping units for transient guests and providing accessory off-street parking facilities and which may include restaurant facilities gift shop, taverns and a dwelling unit for a bona fide caretaker or operator.
[Amended 7-25-2005 by L.L. No. 7-2005]
MOTORCYCLE, SNOWMOBILE, ATV, JET SKI
Unenclosed motor vehicles having seats or saddles for the use of riders.
[Added 10-15-2018 by L.L. No. 7-2018]
MOTOR VEHICLE
Every vehicle which is propelled by a power other than muscular power. Motor vehicles shall include but not be limited to automobiles, trucks, motorcycles, motor bikes, boats, all terrain vehicles, snowmobiles, etc.
[Amended 7-25-2005 by L.L. No. 7-2005]
MOTOR VEHICLE REPAIR STATION
A lot or structure available to the public and operated for commercial gain whose uses include but are not limited to the storage, lubricating, washing, equipping, servicing, repair or modification of motor vehicles, including but not limited to engine or transmission repair; body or frame straightening or repair, exhaust repair, painting, refinishing or undercoating; or installation or repair of tires, glass, upholstery or radio or audio equipment.
[Added 7-25-2005 by L.L. No. 7-2005]
MOTOR VEHICLE SERVICE STATION
A lot or structure available to the public and operated for commercial gain whose uses include, but are not limited to, dispense, sell or offer automotive fuels, oils or accessories, including lubrication, washing, polishing or cleaning and the replacement or installation of parts not defined under the definition of "motor vehicle repair station."
[Amended 7-25-2005 by L.L. No. 7-2005; 6-28-2010 by L.L. No. 3-2010]
MOTORCYCLE, SNOWMOBILE, ATV, JET SKI
Unenclosed motorized vehicles having seats or saddles for the use of riders.
[Added 7-25-2005 by L.L. No. 8-2005]
NATURAL RESOURCES INVENTORY
The document adopted by resolution of the Canandaigua Town Board on December 19, 2011, entitled "Town of Canandaigua Natural Resources Inventory (NRI)" together with the maps attached thereto. Said report and maps have an effective date of March 1, 2012. Copies of the NRI report and maps are available at the Town Clerk's Office.
[Added 3-16-2015 by L.L. No. 3-2015]
NEIGHBORHOOD CHARACTER
The atmosphere or physical environment which is created by the combination of land use and buildings within an area. Neighborhood character is established and influenced by land use types, density and intensity, traffic generation and also by the location, size and design of structures as well as the interrelationship of all these features.
[Added 7-25-2005 by L.L. No. 7-2005]
NEW CONSTRUCTION
Any building or improvement to an existing building that will have an impact upon the sizing of an on-site wastewater treatment system (i.e., any increase in the number of bedrooms). The term "new construction" as defined herein applies only to the term as used in Chapter 202, On-Site Wastewater Treatment Systems, of the Canandaigua Town Code.
[Added 7-25-2005 by L.L. No. 3-2005]
NEW RESIDENTIAL DEVELOPMENT
Any change to a residential structure, including but not limited to new construction or tear-down and rebuild of a residential structure.[12],[13]
[Added 7-25-2005 by L.L. No. 3-2005]
NONRECYCLABLE RUBBISH
Soft plastic containers (non-high-density polyethylene [HDPE]), rags, sweepings, excelsior, rubber, leather, crockery, shells, clothing, straw, dirt, fill, ashes and similar questionable waste material.
[Added 6-27-1988 by L.L. No. 3-1988; amended 8-20-2018 by L.L. No. 5-2018]
NOTICE OF VIOLATION
A notice issued by the Zoning Officer and/or Code Enforcement Officer advising the owner or occupant of a premises of a violation of any provision of the Town Code. A notice of violation shall specify the condition violating the law, the section violated, the remedial steps required to abate the violation and the time in which said steps shall be taken.
[Amended 7-25-2005 by L.L. No. 7-2005; 6-28-2010 by L.L. No. 3-2010]
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, or photographed, or similarly depicted by other persons who pay money or any form of consideration.
[Added 7-24-1995 by L.L. No. 4-1995]
NUDITY or A STATE OF NUDITY
The appearance of human bare buttocks, anus, male genitals, female genitals or full male or female breasts.
[Added 7-24-1995 by L.L. No. 4-1995]
NURSERY SCHOOL
See "day-care center" for definition of this term.[14]
[Amended 7-25-2005 by L.L. No. 7-2005]
OIL AND GAS EXTRACTION
The process of exploring, drilling for or extracting natural gas, petroleum, or similar hydrocarbon-based resources from naturally occurring formations below the surface of the earth.
[Added 2-10-2014 by L.L. No. 1-2014]
OIL-AND-GAS-EXTRACTION-RELATED LAND USE
Any structure, facility, process, building, machinery, accessory use and/or equipment used for or in connection with oil and gas extraction, which includes but is not limited to any drilling rig, pipeline, flowline, gathering line, sweetening plants, separators, processing facilities, compression facilities, carbon dioxide removal facilities, bulk storage plants, hydrogen sulfide removal facilities, dehydration facilities, compressor stations, metering facilities, waste pits, chemical mixing or storage tanks, flowback pits or tanks, water and chemical mixture transfer and hauling stations, parking areas, and access roads and drives.
[Added 2-10-2014 by L.L. No. 1-2014]
ON-SITE WASTEWATER TREATMENT SYSTEM
Any approved units or system of units or devices designed to treat, purify, dissolve, and/or distribute excreta. The minimum standard of design and placement of every element of the on-site wastewater treatment system shall be that standard which is found to be in conformance with the provisions of Appendix 75-A of the New York State Public Health Law § 201(1)(1), titled "Wastewater Treatment Standards – Individual Household Systems."
[Added 7-25-2005 by L.L. No. 3-2005]
OPEN SPACE
That portion of a lot which does not contain any building, structure, parking area or travel lane, whether paved or unpaved. This portion may be in a natural state or landscaped as part of any site development.
[Amended 7-25-2005 by L.L. No. 7-2005]
OPERATING PERMIT
A permit issued pursuant to § 92-8 of the Town Code. The term "operating permit" shall also include an operating permit which is renewed, amended or extended pursuant to any provision of the Town Code.
[Added 10-17-2006 by L.L. No. 10-2006]
OUTDOOR FURNACE
Any equipment, device or apparatus, or any part thereof, which is installed, affixed or located outside the principal structure for the primary purpose of combustion of fuel to produce heat or energy for a commercial or residential heating system providing heat for any interior space.
[Added 5-15-2007 by L.L. No. 6-2007]
OWNER
Any person, group of persons, association, partnership, corporation or other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided or developed under these regulations.
[Added 10-17-2006 by L.L. No. 13-2006]
PARCEL
An area of land, filed in the Ontario County Clerk's Office, delineated as a contiguous unit by a Tax Map number based upon a metes and bounds description.
[Added 7-25-2005 by L.L. No. 7-2005; amended 9-1-2009 by L.L. No. 2-2009]
PARENT PARCEL
A parcel, combination of parcels, or tract from which two or more derivative parcels or lots are created by division.
[Added 7-25-2005 by L.L. No. 7-2005]
PARK or PARKING
The standing of a vehicle, whether occupied or not, on public or private property outside of a building.[15]
[Added 7-25-2005 by L.L. No. 8-2005]
PARKING AREA, PUBLIC
An area, other than a street or other public way, used for the parking of automobiles and available to the public.
PARKING SPACE, OFF-STREET
A space located outside a public right-of-way adequate for parking an automobile and having an area of not less than 200 square feet per motor vehicle, exclusive of passageways and driveways appurtenant thereto.
[Amended 7-25-2005 by L.L. No. 7-2005]
PATIO
A defined area adjoining or approximate to a dwelling or structure consisting of a durable surface that is not higher than six inches above the finish grade of the principal building or structure when installed.
[Added 9-1-2009 by L.L. No. 2-2009]
PAVEMENT
That portion of a street or alley intended for vehicular use which consists of a hard surface.
[Added 10-17-2006 by L.L. No. 13-2006]
PEAK HOUR TRIPS (PHT)
A weighted average vehicle trip-generation rate during the hour of highest volume of traffic entering and exiting a site in the morning (a.m.) or the afternoon (p.m.).
PEDDLER (PEDDLING)
A person who attempts to make personal contact with a resident at his or her residence without prior specific invitation or appointment from the resident for the purpose of selling, or attempting to sell, any goods or services.
[Added 4-17-2017 by L.L. No. 7-2017]
PEDDLING ACTIVITY
The act or action of making or attempting to make personal contact with a resident or residents at his, her or their residence without prior specific invitation or appointment from the resident for the purpose of selling, or attempting to sell, any goods or services.
[Added 4-17-2017 by L.L. No. 7-2017]
PERMANENT HIGHWAY EASEMENT
A strip of land adjacent to an existing street right-of-way line used for a public purpose. The front lot line shall be considered to be coincident with the "permanent highway easement" boundary. Where there is no requirement for a "permanent highway easement," the front lot line shall be considered to be coincident with the existing right-of-way line.
[Added 7-25-2005 by L.L. No. 7-2005]
PERMIT HOLDER
The person or his or her designated agent to whom a building permit has been issued.
[Added 10-17-2006 by L.L. No. 10-2006]
PERMITTED USE
Any use listed in any zoning district as permitted.
PERSON
Except as provided in Chapter 138, Multichannel Service Providers, an individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
[Amended 7-25-2005 by L.L. No. 7-2005; 10-17-2006 by L.L. No. 10-2006; 6-28-2010 by L.L. No. 3-2010]
PETROLEUM STATION
Any parcel of land, including any structure or structures thereon, that is used or designed to be used for the supply of petroleum and/or other fueling products for the propulsion of vehicles. Also included in this definition is the dispensing of alternative sources of energy to include, but not limited to, electricity, propane and natural gas.
[Added 7-25-2005 by L.L. No. 7-2005]
PIN
A metal reference marker set at points as required in Chapter 174 of the Town Code.
[Added 7-25-2005 by L.L. No. 7-2005]
PLAN
A drawing, or set of drawings, indicating the manner or layout of a subdivision or site which is to be submitted for approval together with all required improvements and appurtenances. Types of plans include sketch, preliminary and final. Each type of plan requires a different level of detail to be shown.
[Amended 7-25-2005 by L.L. No. 7-2005; 6-28-2010 by L.L. No. 3-2010]
PLAN, FINAL
A complete and exact subdivision or site plan, prepared for official recording as required by statute, to define property rights and proposed streets and other improvements.
PLAN, PRELIMINARY
A tentative subdivision or site plan, in lesser detail than a final plan, showing approximate proposed streets and lot layout as a basis for consideration prior to preparation of a final plan.
PLAN APPROVAL, SITE
The approval by the Planning Board of a preliminary or final site plan set forth in a resolution. Site plan approvals may include modifications, and approvals of final site plans may be conditional. A resolution of the Planning Board approving a site plan does not constitute final approval and does not qualify a final site plan for recording in the office of the Ontario County Clerk or the Canandaigua Town Clerk.
[Added 7-25-2005 by L.L. No. 7-2005]
PLAN, FINAL SITE
A complete and exact site plan, prepared for official recording as required by statute, to define property rights, proposed streets and other improvements.
[Added 7-25-2005 by L.L. No. 7-2005]
PLAN, PRELIMINARY SITE
A tentative site plan, in lesser detail than a final plan, showing approximate proposed streets and lot layout as a basis for consideration prior to preparation of a final plan.
[Added 7-25-2005 by L.L. No. 7-2005]
PLAN, PROFESSIONALLY PREPARED SITE
A preliminary or final site plan prepared by a New York State registered architect, licensed professional engineer, licensed land surveyor, or registered landscape architect.
[Added 7-25-2005 by L.L. No. 7-2005]
PLAN, SKETCH
An informal plan, not necessarily to scale, indicating salient existing features of a tract and its surroundings and the general layout of the proposed site.
[Amended 7-25-2005 by L.L. No. 7-2005]
PLAT
A survey map.
[Added 6-28-2010 by L.L. No. 3-2010]
PLAT, FINAL
A drawing to scale prepared in a manner prescribed by Town Code, showing the layout of a proposed subdivision, including but not limited to road and lot layout and dimensions, plan legend, topography and drainage, all proposed facilities sized and all information required to appear on a preliminary plat and modifications, if any, required by the Planning Board at the time of approval of a preliminary plat of such proposed subdivision, if such preliminary plat has been so approved.
[Added 7-25-2005 by L.L. No. 7-2005]
PLAT APPROVAL, FINAL
A plat in final form that is ready for signing by the duly authorized officer of the Planning Board after a resolution granting final approval of the plat has been completed. Such final approval qualifies the plat for recording in the Office of the Ontario County Clerk.
[Added 7-25-2005 by L.L. No. 7-2005]
PLAT APPROVAL, FINAL, WITH CONDITIONS
The approval of a final plat subject to conditions set forth by the Planning Board in a resolution conditionally approving such plat. Such conditional approval does not qualify a final plat for recording nor authorize the issuance of building permits prior to the signing of the plat by the duly authorized officer of the Planning Board and recording of the plat in the office of the Ontario County Clerk.
[Added 7-25-2005 by L.L. No. 7-2005]
PLAT, PRELIMINARY
A drawing prepared in a manner prescribed by Town Code, showing the layout of a proposed subdivision, including but not limited to road and lot layout and approximate dimensions, plan legend, topography and drainage, all proposed facilities not sized, including preliminary plans and profiles, at a suitable scale and in such detail as local regulations may require.
[Added 7-25-2005 by L.L. No. 7-2005]
PRINCIPAL BUILDING
A building in which is conducted the main or primary use of the lot on which said building is located.
[Amended 7-25-2005 by L.L. No. 7-2005]
PRINCIPAL USE
The main or primary purpose for which a building, structure or lot is to be used.
PRIVATE RUBBISH and PRIVATE GARBAGE
Those items of rubbish and garbage which shall result from a Town resident's ordinary use and occupation of and on his lands and premises within the Town, and excluding any rubbish or garbage delivered to said premises from any other source.
[Added 8-1-1966]
PRIVATE USE
The possession, occupation and/or employment of a parcel of land for any purpose or function, or intended purpose or function, other than a "public use" as defined herein. "Private use" shall include projects for retail shopping, commercial office space, industrial development, residential facilities, and all projects that are predominately intended to facilitate economic benefits.
[Added 2-8-2007 by L.L. No. 2-2007]
PROFESSIONAL AND BUSINESS OFFICES
Including but not limited to the following services: planner, architect, landscape architect, doctor, dentist, insurance agency, lawyer, chiropractor, engineer, accountant and realtor.
[Amended 7-25-2005 by L.L. No. 7-2005]
PROMOTIONAL DISPLAY
Shall include, but not be limited to, the use of banners, streamers, flags and other display items intended to attract the public's attention to a site for a special event or to a product being offered for sale on a temporary nonpermanent basis, which would otherwise be prohibited by the provisions of Chapter 220 of the Town Code. Display items, as defined herein, shall not include a commercial speech signage either within the highway right-of-way or off-site.
[Added 9-1-2009 by L.L. No. 2-2009]
PUBLIC ASSEMBLY
Any gathering of two or more people, excluding athletic competitions, of any kind in or upon any public right-of-way, public street, public park or other public place identified herein which is intended to attract a substantial number of persons.[16]
[Added 5-16-2006 by L.L. No. 1-2006]
PUBLIC DUMP
The dump owned or operated by the Town of Canandaigua.
[Added 8-1-1966]
PUBLIC PARK
Land and improvements owned and/or operated by a town, county, state or federal government to provide passive and active recreational opportunities to the public
[Added 10-25-2010 by L.L. No. 5-2010]
PUBLIC SAFETY FACILITY
Buildings, parking areas, and other improvements used primarily by agencies, including, but not limited to, fire and rescue, ambulance, and police, for the purpose of protecting of the general public from significant danger, injury, or property damage resulting from crimes, natural or man-made disasters and other similar hazards.
[Added 10-25-2010 by L.L. No. 5-2010]
PUBLIC USE
Operations and activities conducted by one or more governmental or legally established not-for-profit organizations to provide charitable, medical, educational, recreational, spiritual, or other similar benefits and services to the public.
[Added 5-16-2006 by L.L. No. 1-2006; amended 10-25-2010 by L.L. No. 5-2010]
PUBLIC UTILITY FACILITY
A facility other than a telecommunication tower or telecommunications antenna for the provision of public utility services, including facilities constructed, altered or maintained by utility corporations, either public or privately owned, or government agencies, necessary for the provision of electricity, gas, steam, heat, communication, water, sewage collection, or other such service to the general public. Such facilities shall include poles, wires, mains, drains, sewers, pipes, conduits, cables, alarms and call boxes and other similar equipment, but shall not include office or administration buildings. For purposes of the zoning law, telecommunication towers or telecommunication antenna, defined separately in this section, shall not be governed by the zoning regulations which apply to the broader definition of public utility facilities, but shall be governed by § 220-60.
[Added 7-25-2005 by L.L. No. 4-2005; 6-28-2010 by L.L. No. 3-2010]
PUBLIC WAY
Any right-of-way open to the public for vehicular or pedestrian access.
REASONABLE ACCESS
The minimum number of driveways, direct or indirect, necessary to provide safe and efficient access to and from a public street.
[Added 7-17-1998 by L.L. No. 7-1998]
RECEPTACLE
As used in Chapter 202 regarding on-site wastewater treatment systems, privy pits, holding tanks, or other structures or containers for the storage of or disposal of human excreta, commercial-industrial waste and/or sewage, other than an on-site waste water treatment system as herein defined.
[Added 7-25-2005 by L.L. No. 3-2005; amended 6-28-2010 by L.L. No. 3-2010]
RECORD SHEET
A map, site plan or subdivision plat which provides information concerning the actual location of improvements as built.
[Added 7-25-2005 by L.L. No. 7-2005]
RECREATIONAL VEHICLE
A vehicle type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own mode of power or is mounted on or drawn by another vehicle. The basic entities are:
[Amended 7-25-2005 by L.L. No. 7-2005; 10-15-2018 by L.L. No. 7-2018]
A. 
A registered vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle, and of a body width of no more than eight feet and a body length of no more than 38 feet when factory equipped for the road.
B. 
A registered portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.
C. 
A portable unit, designed to be loaded onto, or affixed to, the bed or chassis of a truck. Truck campers are of two basic types:
(1) 
A portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
(2) 
A portable unit designed to be affixed to a truck chassis.
D. 
MOTOR HOME— A registered vehicular unit built on a self-propelled motor vehicle chassis.
RECYCLABLE RUBBISH
Clean metal food containers and cans with labels removed, clean glass food containers and bottles with metal rings and tops removed, newspapers, and hard plastic containers (high-density polyethylene [HDPE]).
[Added 6-27-1988 by L.L. No. 3-1988]
REFLECTIVE SURFACE
Any material or device which has the effect of intensifying reflected light, such as Scotchlite, Dayglo, glass beads and luminous paint.
[Added 3-23-1992 by L.L. No. 3-1992]
REGISTERED DESIGN PROFESSIONAL
An individual who is a registered architect (RA) in accordance with Article 147 of the New York State Education Law or a licensed professional engineer (PE) in accordance with Article 145 of the New York State Education Law.
[Added 7-25-2005 by L.L. No. 3-2005]
RESERVOIR SPACE
Any temporary storage space for a vehicle waiting for service or admission. Such space shall be in addition to drives, aisles or parking space required by § 220-43 of the Town Code. One reservoir space shall be 20 feet long and eight feet wide.
[Amended 7-25-2005 by L.L. No. 7-2005]
RESIDENTIAL CARE/ASSISTED-LIVING FACILITIES
A building predominantly devoted to housing, excluding staff, on a twenty-four-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment that provides personal care services. Long-term-care facilities and similar full-care facilities are excluded from this definition.
[Added 5-16-2006 by L.L. No. 1-2006; amended 6-28-2010 by L.L. No. 3-2010]
RESIDENTIAL CARE FACILITY (RCF)
A residence under public, voluntary nonprofit, or proprietary sponsorship and regulated by an agency of the state or federal government; it provides care and support services, other than twenty-four-hour nursing care, for approximately five to 25 persons with disabilities which may be developmental, emotional, physical, or social in origin. RCFs are known by a number of names, including agency-operated boarding home, group home, hospice, group residence, family care home, hostel, and halfway house.[17]
[Amended 7-25-2005 by L.L. No. 7-2005]
RESTAURANT
Any establishment at which food is sold for consumption on the premises to patrons and equipped with seating facilities and where the taking of food and drink from said building is incidental. The term "restaurant" shall include bars and taverns licensed to sell alcoholic beverages for on-premises consumption. However, a snack bar refreshment stand at a public, semipublic or community swimming pool playground, play field or park operated by the agency or groups or an approved vendor operating the recreational facilities and for the convenience of the patrons of the facility shall not be deemed to be a restaurant.
[Amended 7-25-2005 by L.L. No. 7-2005]
RESTAURANT, FAST-FOOD
A restaurant where patrons are not customarily served at tables or sit-down counters, but may be served in their vehicle by a drive-through service window. Where all or a portion of the food is prepared and wrapped, boxed, bagged or prepackaged or is prepared in a manner in anticipation of customers. Where the customer places an order at a common counter or a remote speaker by waiting in line. Such uses as soft drink parlors, coffee house, ice cream and/or hot dog stands and the like shall be considered to be in this general classification.
[Amended 7-25-2005 by L.L. No. 7-2005]
RESTORATION
The reestablishment of the grade, slope, stability, vegetation, or drainage system of a property in a steep slope area that has suffered a disturbance by restoring the property back to substantially the same condition as existed prior to a disturbance.
[Added 3-20-2017 by L.L. No. 6-2017]
RESUBDIVISION
Revision of all or part of an existing filed subdivision plat, including consolidation of lots, annexation of land to lots or any other alteration of an approved lot boundary.
[Added 7-25-2005 by L.L. No. 7-2005]
REVERSE-FRONTAGE LOT
A lot extending between and having frontage on a major traffic street and a minor street and with vehicular access solely from the latter. See "through lot."
[Amended 7-25-2005 by L.L. No. 7-2005]
RIDGELINE
The line formed by the silhouette of the natural crest of sloping land against the sky when viewed from a common public viewing area.
[Added 5-16-2006 by L.L. No. 1-2006]
[Added 7-25-2005 by L.L. No. 7-2005]
A. 
Land owned by a nonpublic agency or organization and occupied or intended to be occupied by transmission mains, gas pipe lines, rails or other special uses.
B. 
Land owned by public agencies for use as a street or other public purposes.
RIGHT-OF-WAY OR HIGHWAY LINE
The line, present or proposed, which is the joint boundary line between a lot and the street or highway right-of-way.
[18]
ROADSIDE STAND
Retail outlets with all related structures for the sale of agricultural products.
ROLLED EROSION CONTROL PRODUCTS
Manufactured rolls of material used to protect slopes and/or waterways by resisting flow and aiding vegetation.
[Added 6-19-2017 by L.L. No. 12-2017]
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity for on-site or off-site consumption.
[Added 12-19-2016 by L.L. No. 10-2016]
ROOMING HOUSE
See "boarding house."
RUBBISH
Waste metal, tin cans, glass, pottery and all discarded substances of a solid and incombustible nature, including containers in which food is packaged.
[Added 8-1-1966; amended 8-20-2018 by L.L. No. 5-2018]
SEMINUDE
A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.[19]
[Added 7-24-1995 by L.L. No. 4-1995]
SEMI-TRACTOR
A short vehicle with a body containing only a cab for the driver, used to haul commercial, detachable trailers.
[Amended 7-25-2005 by L.L. No. 8-2005; 10-15-2018 by L.L. No. 7-2018]
SEMI-TRACTOR-TRAILER
A combination trucking unit consisting of a semi-tractor and a trailer or semi-trailer.
[Amended 7-25-2005 by L.L. No. 8-2005; 10-15-2018 by L.L. No. 7-2018]
SEMITRAILER
A detachable trailer for hauling commercial freight, having its forward end supported by the rear of its truck tractor when attached.
[Added 7-25-2005 by L.L. No. 8-2005]
SERVICE STREET (also ACCESS STREET)
A street auxiliary to and normally located parallel to a public street with controlled access, that provides access to lots adjacent to the controlled access facility.
[Added 7-17-1998 by L.L. No. 7-1998]
SETBACK
The distance between the street line, rear or side lines of the lot, and the front, rear and side lines of the building. All measurements shall be made at right angles to or radially from the lot lines to the nearest portion of the building lines. Setbacks from street lines to building lines are defined as "front setbacks." Setbacks from side lot lines are "side setbacks." Setbacks from rear lot lines are "rear setbacks."
[Amended 7-25-2005 by L.L. No. 7-2005]
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.
[Amended 7-25-2005 by L.L. No. 7-2005]
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motion-picture theater, escort agency, nude model studio, or sexual encounter center.
[Added 7-24-1995 by L.L. No. 4-1995]
SHOPPING CENTER
A group of stores, shops and similar establishments occupying adjoining structures or two or more commercial buildings located on a single lot or adjacent lots, with such buildings developed as part of a single integrated development with a common architectural design.
SHORELINE CLIFF AREA
Slopes exceeding 100% (45°) with a vertical height of 20 feet or greater measured from the first substantial toe of slope adjacent to Canandaigua Lake.
[Added 3-20-2017 by L.L. No. 6-2017; amended 6-19-2017 by L.L. No. 12-2017]
SIGHT DISTANCE
The maximum extent of unobstructed vision along a street from a vehicle located at any given point on the street, or from a driveway or entrance to a street.
[Amended 7-25-2005 by L.L. No. 7-2005]
SIGN
Any material, structure or part thereof, or any device attached to a building or structure or painted or represented thereon, composed of lettered or pictorial matter, or upon which lettered or pictorial matter is placed and is intended for display of an advertisement, notice, directional matter or name, and includes sign frames, billboards, sign boards, illuminated signs, pennants, fluttering devices, projecting signs, or ground signs.
SIGN AREA
The sum of the areas of each display surface defined by the frame or edge of a sign. Where there is no geometric frame or edge of the sign, the areas shall be defined as the areas of the projected, enclosed, rectangular geometric shapes which most closely outlines each display surface of the said sign. The sign copy area of product names, trade names and/or logos displayed upon a sign shall be included in the computation of sign area.
[Added 3-23-1992 by L.L. No. 3-1992]
SIGN, AWNING
Any visual message incorporated into an awning attached to a building.
[Added 3-23-1992 by L.L. No. 3-1992]
SIGN, BLADE
A sign principally designed for pedestrians attached perpendicular to the building.
[Added 7-15-2019 by L.L. No. 3-2019]
SIGN, BUILDING DIRECTORY
A sign listing the name and location of all tenants in a structure.
[Added 3-23-1992 by L.L. No. 3-1992]
SIGN, BUILDING FACE
A sign placed on the outer surface of a building which is visible from any private or public street, highway or driveway, including window display areas.
[Added 7-25-2005 by L.L. No. 7-2005]
SIGN, BUILDING IDENTIFICATION
A sign which identifies the name of the building rather than an individual business activity.
[Added 3-23-1992 by L.L. No. 3-1992]
SIGN, BUSINESS
A sign which directs attention to a business, profession or industry conducted upon the premises or to a commodity or service sold or offered by such business, profession or industry upon the premises where such sign is located.[20]
SIGN, BUSINESS IDENTIFICATION
A commercial speech sign, or copy thereon, which identifies the name, address and location of a business on it and which does not contain any copy which would cause the sign to be a business advertising sign.
[Added 3-23-1992 by L.L. No. 3-1992]
SIGN, CHANGEABLE-COPY
A commercial speech sign which makes provision for changing letters and other copy. This definition does not include signs located on fuel dispensers that are otherwise regulated by New York State and Ontario County laws.
[Added 3-23-1992 by L.L. No. 3-1992; amended 6-28-2010 by L.L. No. 3-2010; 12-5-2011 by L.L. No. 11-2011]
SIGN, COMMERCIAL SPEECH
Any sign erected that identifies or pertains to a commercial enterprise or a product, commodity or service offered by a commercial enterprise.
[Added 3-23-1992 by L.L. No. 3-1992]
SIGN COMPLIANCE CERTIFICATE
A certificate issued by the Code Enforcement Officer attesting that a sign described therein has been erected in compliance with Chapter 220, Zoning, Article IX, and any permit issued therefor. Generally, commercial speech signs require a sign compliance certificate; noncommercial speech signs do not.
[Added 3-23-1992 by L.L. No. 3-1992]
SIGN COPY AREA
The actual area of the background occupied by the sign. It is computed by drawing straight lines adjacent to the closest extremities of the individual letters or words and is computed in the same manner when there is no background area. Where there is no background, the size of the copy area shall be equal to what would be permitted if the background were provided.
SIGN, DEVELOPMENT IDENTIFICATION
A sign which identifies the name of a development, such as a mall, center, plaza, office complex, industrial park, business park or residential development rather than an individual business or tenant.
[Added 3-23-1992 by L.L. No. 3-1992]
SIGN, DIRECTIONAL
A sign that directs attention to the location of a local service or place of business.
SIGN, ELECTRONIC MESSAGE
An electrically activated changeable sign whose variable message and/or graphic presentation capability can be electronically programmed.
[Added 7-15-2019 by L.L. No. 3-2019]
SIGN ERECTION
The construction, alteration, repair, display, location or relocation, attachment, placement, suspension, affixage or maintenance of any sign, including the painting of exterior wall signs and the use of any vehicle or other substitute for a sign.
[Amended 7-25-2005 by L.L. No. 7-2005][21]
SIGN, GROUND
A sign supported by a pole, uprights or braces which are placed in or on the ground.
SIGN, HANGING
See "sign, projecting."
[Added 3-23-1992 by L.L. No. 3-1992]
SIGN, ILLUMINATED
A sign lighted by electricity, gas, or other artificial light, including reflective or phosphorescent light, paint, or tape.
SIGN LIGHTING, BACK
An indirect source of light which is located from behind the sign surface or shielded from the viewer's eyes by a translucent or opaque material.
[Added 3-23-1992 by L.L. No. 3-1992]
SIGN LIGHTING, INDIRECT
A light source separated from the surface and illuminating the sign surface by means of spotlights or similar fixtures.
[Added 3-23-1992 by L.L. No. 3-1992][22]
SIGN, MONOPOLE
A sign principally supported by only one column, pole, or brace placed in or upon the ground.
[Added 7-15-2019 by L.L. No. 3-2019]
SIGN, MULTI-USE DEVELOPMENT IDENTIFICATION
A ground sign designed or intended to identify multiple tenants, occupants or establishments within a multi-use development.
[Added 7-15-2019 by L.L. No. 3-2019]
SIGN, NONCOMMERCIAL SPEECH
Any sign, other than a commercial speech sign, as defined herein, used to attract attention to a site. Such signs shall include, but not be limited to, political, public safety, religious, charitable or other freedom of speech types of signage.
[Added 3-23-1992 by L.L. No. 3-1992]
SIGN, NONCONFORMING
A sign which exists at the time of enactment of Chapter 220, Zoning, and any amendments thereto, and which does not conform to the regulations and restrictions imposed therein.
SIGN, OUTDOOR ADVERTISING
An advertising sign or billboard which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot (see also "billboard").
[Amended 6-28-2010 by L.L. No. 3-2010]
SIGN, PORTABLE OR MOBILE
A sign that is designed and intended to be transported from place to place and is not permanently affixed to the ground or to a building or structure. Portable signs may or may not have wheels.
SIGN, PROJECT IDENTIFICATION
See "development identification sign."
[Added 3-23-1992 by L.L. No. 3-1992]
SIGN, PROJECTING
A sign which is attached to the exterior of a building or a structure beyond the surface of that portion of the building or structure to which the sign is attached and not parallel to the face of the building.
SIGN, ROOF
Any sign implemented into or constructed on or supported by the roof of any building or structure.
[Amended 7-25-2005 by L.L. No. 7-2005]
SIGN, SANDWICH BOARD
A sign constructed of two surfaces hinged or otherwise joined at one edge so as to allow the opposite edges to rest upon the ground and thereby support the sign without benefit of any structural framework.
[Added 3-23-1992 by L.L. No. 3-1992]
SIGN, PERMANENT
A sign intended to identify or announce a location, event or enterprise which is not interrupted in time and fixed in location.
[Added 3-23-1992 by L.L. No. 3-1992]
SIGN SITE PLAN
A plan of any parcel depicting its features and the relation of its structures to commercial speech signs by showing the number, size, description, color, design and location of all signs.
[Added 3-23-1992 by L.L. No. 3-1992]
SIGN STOP-WORK ORDER
A notice authorized by the Code Enforcement Officer directing the person named therein to cease immediately preparation for construction or erection of a sign. A stop-work order may require that a sign erected or partially erected in violation of Article IX of Chapter 220 be removed.
[Added 3-23-1992 by L.L. No. 3-1992]
SIGN, TEMPORARY
A sign which is intended to advertise a community or civic project, real estate for sale or lease, or other special events on a temporary basis.
SIGN, TEMPORARY WINDOW
A window sign not permanently affixed that does not identify the tenant or a specific service or product.
[Added 3-23-1992 by L.L. No. 3-1992]
SIGN, TENANT IDENTIFICATION
A sign designed or intended to identify an individual tenant, occupant or establishment within a multi-use development.
[Amended 7-25-2005 by L.L. No. 7-2005; 6-28-2010 by L.L. No. 3-2010]
SIGN, WALL
Any sign painted on, or attached parallel to, the wall facing of a building and projecting not more than six inches.
[Added 3-23-1992 by L.L. No. 3-1992]
SIGN, WINDOW
A sign affixed on or located with respect to a window fronting a public way that is visible from the public way.
[Added 3-23-1992 by L.L. No. 3-1992]
SINGLE OWNERSHIP
Refers to person. (See definition of "person.")
SITE DESIGN AND DEVELOPMENT CRITERIA
A manual of requirements and minimum standards that shall be applied to all proposed construction and/or development in the Town of Canandaigua, and/or areas that will involve the connections to existing municipal systems. Said manual as prepared by the Town's Engineering Consultants, and as adopted by the Town Board, and as may be amended from time to time, may be obtained from the Town Clerk.
[Added 11-4-2009 by L.L. No. 3-2009]
SITE DEVELOPMENT PERMIT
A permit issued by the CEO specifying the extent of development activities permitted to occur on a lot or parcel. A site development permit does not authorize the construction of a building or structure on a lot or parcel.
[Added 9-1-2009 by L.L. No. 2-2009]
SITE PLAN
A plan, to scale, showing uses and structures proposed for a parcel of land, including lot lines, streets, existing and proposed buildings and structures, topography, rights-of-way, parking areas, open space, and any other information deemed necessary by the Zoning Officer, Code Enforcement Officer, Planning Board or Town Board.
[Amended 7-25-2005 by L.L. No. 7-2005]
SMALL-SCALE SOLAR ENERGY SYSTEM
A Solar Energy System that is ground-mounted, produces energy primarily for the purpose of on-site use, and does not exceed 1,000 square feet in total area.
[Added 12-19-2016 by L.L. No. 10-2016]
SMALL COMMERCIAL ESTABLISHMENT
A commercial enterprise comprised of not more than two full-time employees without any part-time or seasonal employees which is subordinate to a principal permitted use, located on the same parcel of land.
[Added 12-22-2004 by L.L. No. 7-2004]
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.
[Added 12-19-2016 by L.L. No. 10-2016]
SOLAR ENERGY SYSTEM
An electrical generating system composed of a combination of both solar panels and solar energy equipment.
[Added 12-19-2016 by L.L. No. 10-2016]
SOLAR PANEL
A photovoltaic device capable of collecting and converting solar energy into electrical energy.
[Added 12-19-2016 by L.L. No. 10-2016]
SPECIAL IMPROVEMENT DISTRICT
A district established and administered pursuant to Article 12, 12A or 12C, Chapter 62 of the New York State Consolidated Laws to provide public improvements and/or services.
[Added 6-28-2010 by L.L. No. 3-2010]
SPECIAL USE
A use listed as a special permitted use in a zoning district. A special use requires application be made in accordance with procedures and specifications set forth in the Town of Canandaigua Town Code. The term does not include use variances.
[Amended 7-25-2005 by L.L. No. 7-2005]
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
[Added 7-24-1995 by L.L. No. 4-1995]
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
[Added 7-24-1995 by L.L. No. 4-1995]
A. 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
B. 
Sex acts, normal or perverted, actual or simulated, including intercourse, copulation or sodomy;
C. 
Masturbation, actual or simulated; or
D. 
Excretory functions as part of or in connection with any of the activities set forth in Subsection A, B or C above.
STABILIZED
A condition where a ground surface that has suffered a land disturbance or been modified has received appropriate surface treatment, including structural cover or topsoil, seeding, mulching, geotextile or erosion control matting (as applicable), to prevent erosion and sedimentation from occurring. In general, an area is considered "stabilized" when vegetative cover has exceeded 80% density coverage over that disturbed area or straw mulch has been applied and maintained at a rate of two tons per acre.
[Added 3-20-2017 by L.L. No. 6-2017; amended 6-19-2017 by L.L. No. 12-2017]
STABLE
A building in which any horses are kept for remuneration, hire or sale.
START OF CONSTRUCTION
The initiation, excluding planning and design, of any phase of a project or physical alteration of the property, and shall include land preparation, such as clearing, grading, and filling; installation of streets and/or walkways, excavation for a basement, footings, piers, or foundations or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers, and building materials.
STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)
A formal review of a proposed action conducted pursuant to Part 617 of the New York Codes, Rules and Regulations which seeks to ensure a productive and enjoyable harmony between man and his environment, and promotes efforts which will prevent, eliminate or mitigate damage to the environment and enhance human and natural resources.
[Added 7-25-2005 by L.L. No. 7-2005]
STATEMENT OF INTENT
A binding statement of intentions submitted by an applicant for the purpose of clarifying current or future development intentions and submitted as a condition for obtaining plan approval.
[Added 7-25-2005 by L.L. No. 7-2005]
STEEP SLOPE
Any area of land having a slope of 15% or greater as delineated on a map(s) prepared for the Town utilizing LiDAR or by a licensed surveyor. This definition does not apply to Chapter 96, Canandaigua Lake Uniform Docking and Mooring.
[Added 3-20-2017 by L.L. No. 6-2017; amended 6-19-2017 by L.L. No. 12-2017]
STEEP SLOPE PROTECTION AREA (SSPA)
Those areas of land having slopes 15% or greater.
[Added 3-20-2017 by L.L. No. 6-2017; amended 6-19-2017 by L.L. No. 12-2017]
STOP-WORK ORDER
An order issued pursuant to § 92-4 and other chapters of the Town Code, as applicable.
[Added 10-17-2006 by L.L. No. 10-2006; amended 6-28-2010 by L.L. No. 3-2010]
STORAGE BUILDING
See "accessory building."
[Added 7-25-2005 by L.L. No. 7-2005; amended 4-8-2013 by L.L. No. 2-2013]
STORAGE SHED
A detached accessory building other than a detached garage. A storage shed shall not exceed 400 square feet in area.
[Added 2-11-2019 by L.L. No. 1-2019]
STORAGE, BULK
A dedicated area for the storage of large items such as bicycles, baby carriages, patio furniture, and other recreational equipment that shall be a minimum of 30 square feet.
[Added 3-16-2015 by L.L. No. 3-2015]
STORMWATER RUNOFF
The portion of precipitation that flows overland as a result of rain or due to melted snow and ice.
[Added 3-20-2017 by L.L. No. 6-2017; amended 6-19-2017 by L.L. No. 12-2017]
STORY
That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof above it.[23]
[Amended 7-25-2005 by L.L. No. 7-2005]
STREET
Except as provided in Chapter 138, Multichannel Service Providers, a strip of land, including the entire right-of-way, intended for use as a means of vehicular and pedestrian circulation. The term also includes highways and roads. Classes of streets are as follows:
[Amended 7-25-2005 by L.L. No. 7-2005; 6-28-2010 by L.L. No. 3-2010]
A. 
Those which, in addition to giving access to abutting properties, intercept minor streets and provide routes, carrying considerable volumes of traffic, to community facilities and to major traffic streets, and include streets classified as secondary streets in the Comprehensive Plan, if adopted by the Town Board.
B. 
Those serving large volumes of comparatively high-speed and long-distance traffic, and include facilities classified as main and secondary highways by the New York State Department of Transportation and include streets classified as secondary streets in the Comprehensive Plan, if adopted by the Town Board.
C. 
Those used primarily to provide access to abutting property.
D. 
Minor streets, parallel and adjacent to major traffic streets, providing access to abutting properties and control of intersections with the major traffic streets.
E. 
A street dedicated to public use.
F. 
A street between two intersecting streets upon which an R District abuts, or where 50% or more of the abutting street frontage is in predominantly residential use.
STREET GRADE
The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the "street grade."
STREET LINE
The line separating a lot from a street.
STRUCTURE
Anything constructed or erected which requires temporary or permanent support, placement or attachment to the ground, beneath the ground or to something having permanent location on the ground, including, but not limited to, gasoline and oil tanks, buildings, sheds, pools, decks, docks, manufactured homes, fences [excluding seasonal snow fence as further regulated in Chapter 220, § 220-9K(9) of the Town Code], signs, billboards, towers, antennas, satellite TV dishes, patios, sidewalks, driveways, and impervious or substantially impervious surfaces. The term does not include vegetative landscaping.
[Amended 7-25-2005 by L.L. No. 7-2005; 2-8-2007 by L.L. No. 1-2007; 4-8-2013 by L.L. No. 2-2013; 3-16-2015 by L.L. No. 3-2015]
SUBDIVIDER
Any person, association, partnership, or agent thereof proposing subdivision as defined herein.
[Amended 7-25-2005 by L.L. No. 7-2005]
SUBDIVISION
The division of land into two or more lots.
[Amended 11-24-2000 by L.L. No. 8-2000]
SUBDIVISION TRACT
A defined area of land contained in a subdivision that has been divided into two or more lots identified as being part of the subdivision.
[Added 9-1-2009 by L.L. No. 2-2009]
SUBGRADE
The finished surface elevation achieved after removing organic surface material, followed by any necessary cut or fill activity, but prior to installing base and surface treatments.
[Added 3-20-2017 by L.L. No. 6-2017]
SUBSTANTIAL ENLARGEMENT
The increase in floor areas occupied by a sexually oriented business by more than 20% of the floor area of an existing structure as it exists on the effective date of the Town of Canandaigua Local Law Number 4 of 1995.[24]
[Added 7-24-1995 by L.L. No. 4-1995]
SURVEYOR
A person licensed as a land surveyor by the State of New York.
[Added 10-17-2006 by L.L. No. 13-2006]
SWIMMING POOL
Any structure intended for swimming or recreational bathing capable of containing water over 24 inches (610 mm) deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas.
[Amended 10-25-2010 by L.L. No. 5-2010]
SWIMMING POOL, ABOVEGROUND
A swimming pool having less than 3/4 of its water content below the level of the surrounding ground.
[Amended 10-25-2010 by L.L. No. 5-2010]
SWIMMING POOL, IN-GROUND
A swimming pool having 3/4 or more of its water content below the level of the surrounding ground.
TELECOMMUNICATION ANTENNA
A system of electrical conductors that transmit or receive radio frequency waves.
[Added 7-25-2005 by L.L. No. 4-2005]
TELECOMMUNICATION FACILITY
Any or all of the physical elements of the central cell facility that contains all the receivers, transmitters, and other apparatus needed for cellular/personal computer operation (also known as a base transceiver station).
[Added 7-25-2005 by L.L. No. 4-2005]
TELECOMMUNICATIONS TOWER
A structure on which one or more antenna will be located, that is intended for transmitting and/or receiving radio, television, telephone, wireless or microwave communications for an FCC licensed carrier, but excluding those used exclusively for fire, police, emergency medical services and other municipal dispatch communications, or exclusively for private radio and television reception and private citizen's bands, amateur radio and other similar private, residential communications.
[Added 7-17-2005 by L.L. No. 4-2005]
TEMPORARY ACCESS
Provision of direct access to a street until that time when adjacent properties develop, in accordance with a joint access agreement or access street plan.
[Added 7-17-1998 by L.L. No. 7-1998]
TEMPORARY CERTIFICATE
A certificate issued pursuant to § 92-5 of the Town Code.
[Added 10-17-2006 by L.L. No. 10-2006]
TEMPORARY USE
A use which takes place for a set period of time that does not exceed 12 months and does not involve construction or alteration of any permanent structure.
[Amended 12-5-2011 by L.L. No. 11-2011;[25] 3-16-2015 by L.L. No. 3-2015]
THROUGH LOT
A lot that is not a corner lot and that has frontage on two streets. The front yard shall be that portion of the lot where access is obtained by its driveway to the lot. The portion of the lot opposite the front yard shall be the rear yard of the lot.
[Added 9-1-2009 by L.L. No. 2-2009]
TOP OF SLOPE
The first substantial slope change on the upper portion of the shoreline cliff area that decreases the slope below 100%.
[Added 3-20-2017 by L.L. No. 6-2017; amended 6-19-2017 by L.L. No. 12-2017]
TOURIST HOME
An owner-occupied dwelling used for providing overnight accommodations and containing at least three but not more than five bedrooms for transient guests for compensation. For purposes of the Town Code, "tourist home" shall include bed-and-breakfast establishments.
[Amended 7-25-2005 by L.L. No. 7-2005]
TOWER
Includes any structure, including dish antennas, whether attached to a building or freestanding and whether guyed or self-supporting, designed to be used as or for the support of devices to be used for the transmission and/or reception of radio frequency signals, such as, but not limited to broadcast, shortwave, citizens band, FM or television signals, wireless telecommunications, or wind-driven devices such as energy converters and wind speed and/or direction indicators.
[Amended 7-25-2005 by L.L. No. 7-2005]
TOWNHOUSE
An independent single-family dwelling unit which is one of a series of three or more dwelling units, having a common wall between each adjacent unit, with open space on at least two sides, each with private outside entrance.[26]
[Amended 7-25-2005 by L.L. No. 7-2005]
TOWNHOUSE BUILDING
A building containing three or more townhouses.
[Added 3-16-2015 by L.L. No. 3-2015]
TOWNHOUSE DEVELOPMENTS
A townhouse building or group of townhouse buildings.
[Amended 3-16-2015 by L.L. No. 3-2015]
TRACT
Any body of land, including contiguous parcels of land, under one ownership or under common control of any group of persons acting in concert as part of a common scheme or plan.
TRANSIENT LODGING
A building, facility, or portion thereof, excluding medical care facilities that contains one or more dwelling units or sleeping accommodations. Examples of transient lodging include, but are not limited to, resorts, group homes, hotels, motels, dormitories, homeless shelters, halfway houses and social service lodging.
[Added 5-16-2006 by L.L. No. 1-2006]
TREE
A woody plant that at maturity is 13 feet or more in height, with a single trunk at least three inches in diameter at breast height, unbranched for at least several feet above ground and having a more or less definite crown (Little, 1979).
[Added 6-19-2017 by L.L. No. 12-2017]
TREE FELLING
The cutting down of a tree.
[Added 6-19-2017 by L.L. No. 12-2017]
TREE GIRDLING
The removal or killing of a ring of bark around a tree stem so that the flow of carbohydrates from the crown to the roots is blocked.
[Added 6-19-2017 by L.L. No. 12-2017]
TREE POISIONING
Using pesticides, including herbicides, for the killing of a tree.
[Added 6-19-2017 by L.L. No. 12-2017]
TREE REMOVAL
The intentional act of tree girdling, tree poisoning, or tree felling, or using any mechanical tool or heavy equipment to remove a tree from the ground.
[Added 3-20-2017 by L.L. No. 6-2017; amended 6-19-2017 by L.L. No. 12-2017]
TRUCK GARDEN/NURSERY FARM
A nursery farm devoted to the growing of vegetables, fruits or flowers to sell to the public either on site or through established commercial facilities elsewhere.
[Added 7-25-2005 by L.L. No. 7-2005]
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time.
[Amended 7-25-2005 by L.L. No. 7-2005; 10-17-2006 by L.L. No. 10-2006]
UNIQUE AND IRREPLACEABLE AGRICULTURAL LAND
Land which is uniquely suited for the production of high value crops, including, but not limited to, fruits, vegetables and horticultural specialties.
[Added 12-22-2004 by L.L. No. 7-2004]
UNLICENSED VEHICLE
Any vehicle which may be licensed or registered with the State of New York and is currently not registered. The fact that a vehicle which may be licensed or registered with the State of New York does not display a current license plate, or displays an expired license plate shall be presumptive evidence of the fact that such motor vehicle is not currently licensed or registered. Seasonal motor vehicles which have a license plate that expired less than six months previously shall not be considered "unlicensed." The fact that a vehicle does not display a current motor vehicle registration, license plate or inspection sticker, excluding farm machinery used in conjunction with a bona fide farm operation, shall be presumptive evidence that such vehicle is not in any condition for legal use upon the highways.
[Added 7-25-2005 by L.L. No. 8-2005]
UNINSPECTED VEHICLE
A motor vehicle which has not been inspected for the State of New York and approved for safe and regular operation on roads and highways in the State of New York or does not bear an appropriate and valid inspection by regulating agencies of any state or other governmental entity.
[Added 7-25-2005 by L.L. No. 8-2005]
UNREGISTERED VEHICLE
A motor vehicle which has not been currently registered with the New York State Department of Motor Vehicles or any similar regulating agency of any state or country and which is incapable of passing the required inspection for motor vehicles within 30 days.
[Added 7-25-2005 by L.L. No. 8-2005]
UNTREATED LUMBER
Dry wood which has been milled and dried but which has not been treated or combined with any petroleum product, chemical, preservative, glue, adhesive, stain, paint or other substance.
[Added 5-15-2007 by L.L. No. 6-2007]
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
[Amended 7-25-2005 by L.L. No. 7-2005]
VARIANCE, USE
The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
[Amended 7-25-2005 by L.L. No. 7-2005]
VEGETATIVE PROTECTION
Stabilization of erosive or sediment producing areas by covering the soil with:
[Added 3-20-2017 by L.L. No. 6-2017; amended 6-19-2017 by L.L. No. 12-2017]
A. 
Permanent seeding, producing long-term vegetative cover;
B. 
Short-term seeding, producing temporary vegetative cover; or
C. 
Sodding, which is the placement of cultivated sod onto prepared topsoil to promote rapid soil stabilization.
VEHICLE
A machine or vessel propelled by other than human power, designed to travel along the ground or water by use of wheels, treads or other mechanical means to transport persons or property or pull machinery, and shall include, without limitation, automobiles, trucks, camper/RV, semi-tractors, semi-tractor-trailers, motorcycles, boats and wagons.[27]
[Added 7-25-2005 by L.L. No. 8-2005; amended 6-28-2010 by L.L. No. 3-2010]
VEHICLE STORAGE
The parking of a registered vehicle for a period in excess of nine consecutive days, unless otherwise restricted. The parking of an unregistered vehicle for any period of time, except as exempted herein. The incidental movement of a vehicle on or off the property shall not affect the calculation of the nine-day time period.
[Added 7-25-2005 by L.L. No. 8-2005; amended 3-16-2015 by L.L. No. 3-2015; 10-15-2018 by L.L. No. 7-2018]
VIABLE AGRICULTURAL SOILS
Land highly suitable for agricultural production and which will continue to be economically feasible for such use if real property taxes, farm use restrictions, and speculative activities are limited to levels approximating those in commercial agricultural areas not influenced by the proximity of nonagricultural development.
[Added 12-22-2004 by L.L. No. 7-2004; amended 6-28-2010 by L.L. No. 3-2010]
WADING POOL
A temporary pool intended for use by children with a maximum water depth of 24 inches.
[Amended 7-25-2005 by L.L. No. 7-2005; 3-16-2015 by L.L. No. 3-2015]
WATERCOURSE
A stream, gully or other body of water identified either on the Town of Canandaigua Watercourse Map, which is available in the Town Development Office, or identified through site reconnaissance as part of Planning Board review. Review would consist of a watercourse that contains a discernible channel, bed, and/or banks, flows in a particular direction, and has a drainage area of 20 acres or greater at the downstream end of the parcel.
[Added 7-25-2005 by L.L. No. 3-2005; amended 3-20-2017 by L.L. No. 6-2017; 6-19-2017 by L.L. No. 12-2017]
WATER MARKS, MEAN LOW AND HIGH
See Chapter 96 for definition of this term.
[Added 7-25-2005 by L.L. No. 7-2005; amended 3-16-2015 by L.L. No. 3-2015]
WATERSHED
That body of land from which or through which water drains into a watercourse.
[Added 7-25-2005 by L.L. No. 3-2005]
WETLANDS
Freshwater wetlands, including lands and submerged lands, commonly called marshes, swamps, sloughs, bogs and flats supporting aquatic and semiaquatic types identified in Article 24 of the New York State Environmental Conservation Law or by any applicable federal law or regulation.
[Added 7-25-2005 by L.L. No. 7-2005]
WINDMILL
An energy-generating device that converts wind energy by means of a rotor to mechanical or electrical energy. A wind generator and/or a wind turbine may also be deemed a windmill.
[Amended 9-1-2009 by L.L. No. 2-2009]
WINDOW SPACE
The total area of any single window pane, or series of window panes with a width of 12 inches or less separated by mullions.
[Added 3-23-1992 by L.L. No. 3-1992]
YARD
A required open space unoccupied and unobstructed by any structure or portion of a structure and situated between the principal building or group of buildings and the nearest lot line.
YARD, FRONT
In all zoned districts, a yard extending between the side lot lines across the front of a lot adjoining a street. The front yard is that portion of a lot situated between the front building line and the street line.
[Amended 7-25-2005 by L.L. No. 7-2005]
YARD, REAR
A yard extending between the side lot lines situated between the rear line of the building and the rear lot line, or the mean high water level. In the case of through lots, there will be no rear yards, but only front and side yards.
[Amended 7-25-2005 by L.L. No. 7-2005]
YARD, SIDE
A yard extending between the side building line and the nearest side lot line; situated between the front and rear yards.
ZONING, AMENITY
Those community benefits listed in § 220-13 of Chapter 220, Zoning.
[Added 3-15-2004 by L.L. No. 2-2004]
ZONING DISTRICT
The classification of lands as established in the Town of Canandaigua Zoning Law.
[Added 3-23-1992 by L.L. No. 3-1992]
ZONING, INCENTIVE
The system by which specific incentives or bonuses are granted, pursuant to this section, on condition that specific physical, social, or cultural benefits or amenities would inure to the community. Those adjustments to zoning district requirements listed in § 220-31 of Chapter 220, Zoning, of these regulations.
[Added 3-15-2004 by L.L. No. 2-2004]
ZONING REVIEW, INCENTIVE
A preliminary, nonbinding review by the Town Board of an application for use of incentive zoning to determine the merits of applying the incentive zoning concept to a particular project.
[Added 3-15-2004 by L.L. No. 2-2004]
ZONING LAW
The officially adopted Zoning Law of the Town of Canandaigua, as amended from time to time and placed in Chapter 220 of the Town Code.
[Added 7-25-2005 by L.L. No. 7-2005]
ZONING MAP
The Official Zoning Map of the Town of Canandaigua, bearing the signature of the Town Clerk, which shows the boundaries of zoning districts and zoning overlay districts within the Town, as amended from time to time.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: The former definition of "attached dwelling," which immediately followed this definition, was repealed 3-16-2015 by L.L. No. 3-2015.
[4]
Editor's Note: The former definition of "automobile service station or filling station," which immediately followed this definition, was repealed 7-25-2005 by L.L. No. 7-2005.
[5]
Editor’s Note: The former definition of "base density," as added 11-4-2009 by L.L. No. 3-2009, which immediately followed this definition, was repealed 4-8-2013 by L.L. No. 2-2013.
[6]
Editor's Note: Two former definitions of "Board of Health" (one added 7-25-2005 by L.L. No. 3-2005 and one added 7-25-2005 by L.L. No. 7-2005), which immediately followed this definition, were repealed 6-28-2010 by L.L. No. 3-2010.
[7]
Editor’s Note: The former definitions of “cluster development” and “clustering,” which definition was added 4-25-2005 by L.L. No. 7-2005, which immediately followed this definition, were repealed 4-8-2013 by L.L. No. 2-2013.
[8]
Editor's Note: The former definition of “commercial vehicle,” added 7-25-2005 by L.L. No. 8-2005, which immediately followed this definition, was repealed 10-15-2018 by L.L. No. 7-2018.
[9]
Editor’s Note: The former definition of “constrained land,” as added 11-4-2009 by L.L. No. 3-2009, which immediately followed this definition, was repealed 4-8-2013 by L.L. No. 2-2013.
[10]
Editor's Note: The former definition of "conversion," as added 12-22-2004 by L.L. No. 7-2004, which immediately followed this definition, was repealed 6-28-2010 by L.L. No. 3-2010.
[11]
Editor's Note: The former definition of "dwelling, multiple (multi) family," which immediately followed this definition, was repealed 3-16-2015 by L.L. No. 3-2015.
[12]
Editor's Note: The former definition of "nonconforming use," which immediately followed the former definition of "nonconforming lot," was repealed 7-25-2005 by L.L. No. 7-2005.
[13]
Editor’s Note: The former definitions of "nonconforming" (as amended 7-25-2005 by L.L. No. 7-2005), "nonconforming building or structure," and "nonconforming lot" (as amended 7-25-2005 by L.L. No. 7-2005), which immediately followed this definition, were repealed 4-8-2013 by L.L. No. 2-2013.
[14]
Editor's Note: The former definition of "nursing care home," which immediately followed this definition, was repealed 6-28-2010 by L.L. No. 3-2010; the former definition of "office building," which immediately followed this definition, was repealed 7-25-2005 by L.L. No. 7-2005; the former definition of "oil or gas exploration or extraction activities," added 12-22-2004 by L.L. No. 7-2004, which immediately followed this definition, was repealed 2-10-2014 by L.L. No. 1-2014.
[15]
Editor's Note: The former definition of "parking area, private," which immediately followed this definition, was repealed 7-25-2005 by L.L. No. 7-2005.
[16]
Editor’s Note: The former definition of “public buildings and grounds,” as amended, which immediately followed this definition, was repealed 12-5-2011 by L.L. No. 11-2011.
[17]
Editor's Note: The former definition of "residential lot or residential building plot," which immediately followed this definition, was repealed 7-25-2005 by L.L. No. 7-2005.
[18]
Editor's Note: The former definition of "road," added 7-25-2005 by L.L. No. 7-2005, which immediately followed this definition, was repealed 6-28-2010 by L.L. No. 3-2010.
[19]
Editor’s Note: The former definitions of "semipublic buildings and grounds," added 5-16-2006 by L.L. No. 1-2006, as amended, and "semipublic use," added 10-25-2010 by L.L. No. 5-2010, both of which immediately followed this definition, were repealed 12-5-2011 by L.L. No. 11-2011.
[20]
Editor’s Note: The former definition of "sign, business advertising," added 3-23-1992 by L.L. No. 3-1992, which immediately followed this definition, was repealed 12-5-2011 by L.L. No. 11-2011.
[21]
Editor's Note: The former definition of "sign, freestanding," which immediately followed this definition, was repealed 7-25-2005 by L.L. No. 7-2005.
[22]
Editor's Note: The definition of "sign lighting device," which immediately followed this definition, was deleted 6-28-2010 by L.L. No. 3-2010.
[23]
Editor's Note: The former definition of "story, half," which immediately followed this definition, was repealed 7-25-2005 by L.L. No. 7-2005.
[24]
Editor's Note: See Ch. 75, Adult Uses.
[25]
Editor’s Note: This local law also repealed the former definition of "temporary use permit," added 9-1-2009 by L.L. No. 2-2009, which immediately followed this definition.
[26]
Editor's Note: The former definition of "townhouse clusters," as amended, which immediately followed this definition, was repealed 3-16-2015 by L.L. No. 3-2015.
[27]
Editor’s Note: The former definitions of “vehicle height” and “vehicle length,” added 7-25-2005 by L.L. No. 8-2005, which immediately followed, were repealed 10-15-2018 by L.L. No. 7-2018.