[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.Â
All words used in the present tense include the future
tense.
B.Â
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]
C.Â
Unless otherwise specified, all distances shall be
measured horizontally.
D.Â
The word "building" includes the word "structure."
E.Â
"Lot" includes the words "plot," "parcel," or "tract."
F.Â
The word "premises" includes a lot and all buildings
or structures thereon.
G.Â
To "erect," "to construct" and "to build" a building
or structure each have the same meaning.
H.Â
"Used" shall be deemed also to include "designated,
intended or arranged to be used or occupied."
I.Â
"Shall" is mandatory and not discretionary; "may"
is permissive.
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]
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.
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]
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]
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]
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]
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.
See "Town Planner" for definition of this term.[1]
[Added 7-25-2005 by L.L. No. 7-2005]
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]
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]
His spouse, minor children and dependents, except a contract
of employment with the Town of Canandaigua which such officer or employee
serves.
A firm, partnership or association of which such officer or
employee is a member or employee.
A corporation of which such officer or employee is an officer,
director or employee.
A corporation, any stock of which is owned or controlled directly
or indirectly by such 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]
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.
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]The Planning Board of the County of Ontario.
The Planning Board of the Town of Canandaigua.
[Amended 7-25-2005 by L.L. No. 7-2005]
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]
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]
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]
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]
Except as provided in Chapter 138, Multichannel Service Providers, the Town of Canandaigua.
[Amended 6-28-2010 by L.L. No. 3-2010]
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]
The official duly elected to the position of Town Clerk of
the Town of Canandaigua.
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]
The official elected to the position of Town Highway and
Water Superintendent for the Town of Canandaigua.
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]
The official appointed by the Town Board to serve as planner
for the Town of Canandaigua.
The official appointed by the Town Board to serve as the
administrator of the Town of Canandaigua Water Department.
[3]The Zoning Board of Appeals of the Town of Canandaigua.
The Zoning Law of the Town of Canandaigua.
See "Zoning Officer."
[Added 10-17-2006 by L.L. No. 10-2006]
See "Zoning Officer, Town."
[Added 7-25-2005 by L.L. No. 7-2005]
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:
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]
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]
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]
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]
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]
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.
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 system which meets all of the following conditions:
[Added 7-25-2005 by L.L. No. 3-2005]
The septic tank has operational inlet and outlet
baffles.
The septic tank is watertight, allowing no inflow
of groundwater, or leaking of septage through the walls, floor, or
roof of the tank.
The distribution box is evenly distributing
septic tank effluent to each absorption trench.
Effluent is not surfacing on the ground at any
location.
The absorption field is not directly short-circuiting
effluent into any well, watercourse, or water body.
The absorption field is never subject to flooding,
or ponding of water on its surface.
All pipes for conveying effluent to the absorption
field are watertight.
The system is capable of handling the design
hydraulic load without backup of waste into the house.
The system is not subject to hydraulic loads
exceeding the original design capacity.
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.
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]
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]
The number of different titles or kinds of such
merchandise;
The number of copies or pieces of such merchandise;
The amount of floor space devoted to the sale
and/or display of such merchandise; or
The amount of advertising which is devoted to
such merchandise, whether in print or broadcast media.
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
[Added 7-24-1995 by L.L. No. 4-1995]
Persons who appear in a state of nudity;
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
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.
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]
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]
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]
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]
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]
A statement as defined in § 301 of New York State
Agriculture and Markets Law.
[Added 12-22-2004 by L.L. No. 7-2004; amended 6-28-2010 by L.L. No. 3-2010; 3-16-2020 by L.L. No. 1-2020]
See "agricultural use."
[Amended 3-16-2020 by L.L. No. 1-2020]
See "building, agriculture."
[Added 7-25-2005 by L.L. No. 7-2005;
amended 3-16-2020 by L.L. No. 1-2020]
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 farm 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, farm ponds on such lands, 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. The term "farm" is included
in this definition.
[Added 7-25-2005 by L.L. No. 7-2005;
amended 3-16-2020 by L.L. No. 1-2020]
Any area of land designed for the operation of aircraft,
including hangars, taxiway, landing strips and accessory uses.
A public or private way not more than 40 feet wide affording
only secondary means of access to abutting property.
As applied to a building or structure:
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;
An enlargement of a building or structure, whether
by extending on a side or by increasing in height;
The moving from one location or position to
another; and
Any alteration whereby a structure is adapted
to another or different use.
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.[1]
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]
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]
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]
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]
An apartment building or group of apartment buildings.
[Added 3-16-2015 by L.L.
No. 3-2015]
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]
A person registered as an architect (RA) by the State of
New York.
[Added 7-25-2005 by L.L. No. 7-2005]
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]
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]
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.[2]
[Added 7-25-2005 by L.L. No. 7-2005;
amended 6-28-2010 by L.L. No. 3-2010]
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]
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.
See "junkyard."
[Amended 7-25-2005 by L.L. No. 7-2005]
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]
An exterior floor projecting from and supported by a structure
without additional independent supports.
[Added 9-1-2009 by L.L. No. 2-2009]
See "building, agricultural."
[Added 7-25-2005 by L.L. No. 7-2005;
amended 3-16-2020 by L.L. No. 1-2020]
See "accessory building."[4]
[Added 9-1-2009 by L.L. No. 2-2009; amended 4-8-2013 by L.L. No.
2-2013]
A portion of a building that is partially or completely below
grade.
[Amended 7-25-2005 by L.L. No. 7-2005]
See "tourist home."
[Added 7-25-2005 by L.L. No. 7-2005]
[Added 7-25-2005 by L.L. No. 3-2005]
A room with certain features characteristic
of bedrooms;
A room with a minimum of 70 square feet in size;
and
A room which meets emergency egress requirements
set forth in the New York State Building Code.
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.
The length of a street between two intersections.[5]
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.
See Chapter 96 for definition of this term.
[Amended 7-25-2005 by L.L. No. 7-2005]
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]
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.
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."
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]
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]
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]
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]
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]
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]
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]
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.
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]
A detached building or structure used to support an agricultural
use. Said building or structure may be used for the housing of farm
animals, agricultural products, agricultural materials, agricultural
equipment, or for the incidental or customary processing of farm products,
and provided that such building is located on, or operated in conjunction
with the operation of the farm.
[Added 3-16-2020 by L.L.
No. 1-2020]
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]
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]
The free part of a horizontal member of a structure projecting
beyond a support.
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]
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]
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]
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]
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]
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]
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.[6]
A person having a regular route for or business of collection
of garbage and rubbish.
[Added 8-1-1966]
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]
An operation as defined in § 301 of New York State
Agriculture and Markets Law.[7]
[Added 12-22-2004 by L.L. No. 7-2004; amended 6-28-2010 by L.L. No. 3-2010; 3-16-2020 by L.L. No. 1-2020]
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]
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]
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]
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]
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]
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]
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]
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]
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.
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.[8]
[Added 3-15-2004 by L.L. No. 2-2004]
A division of land which permits flexibility of design to promote environmentally sensitive and efficient uses of land pursuant to § 174-16.
[Added 9-12-2022 by L.L.
No. 8-2022]
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]
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]
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]
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]
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]
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]
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]
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.[9]
[Added 7-25-2005 by L.L. No. 7-2005]
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]
A piece of property that abuts two intersecting roads.
Products as defined in § 301 of New York State
Agriculture and Markets Law.
[Added 12-2-2004 by L.L. No. 7-2004; amended 3-16-2020 by L.L. No. 1-2020]
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]
A minor street intersecting another street at one end and
terminated at the other end by a circular vehicular turnaround.
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.
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]
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.
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]
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]
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.
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]
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]
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]
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]
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]
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]
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.
The removal of vegetation, any and all excavation (including
but not limited to the use of motorized machinery on soil), grading,
grubbing, excavation, stockpiling, 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. 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 or
agricultural use.
[Added 3-20-2017 by L.L.
No. 6-2017; 3-16-2020 by L.L. No. 1-2020]
See "subdivision" for a definition of this term.
[Added 7-25-2005 by L.L. No. 7-2005]
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]
See "lot, through" for a definition of this term.
[Added 7-25-2005 by L.L. No. 7-2005]
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]
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]
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]
A driveway providing vehicular access between two or more
contiguous lots.
[Added 7-17-1998 by L.L. No. 7-1998]
A driveway connecting two or more contiguous lots to the
public street system.
[Added 7-17-1998 by L.L. No. 7-1998]
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."
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.[10]
[Amended 7-25-2005 by L.L. No. 7-2005]
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]
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.
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.
A dwelling or portion of a dwelling providing complete living
facilities for one family or for an individual person.
A right-of-way granted for limited use of private land for
a public or quasi-public purpose.
A person licensed by the State of New York as a professional
engineer (PE).
[Added 7-25-2005 by L.L. No. 7-2005]
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]
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]
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]
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]
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."
A direct entrance from a public way to a habitable or tenantable
space.
[Added 3-23-1992 by L.L. No. 3-1992]
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]
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]
Any parcel 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; 3-16-2020 by L.L. No. 1-2020]
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]
See "crops, livestock, and livestock products."
[Added 3-16-2020 by L.L. No. 1-2020]
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]
See "building, agricultural."
[Amended 3-16-2020 by L.L. No. 1-2020]
An activity, now permitted by law, engaged in by a farmer
as defined herein in connection with and in 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 laws
and regulations, and in accordance with the manufacturer's instructions
and warnings; construction of farm structures and facilities as permitted
by local and state building codes and regulations, including construction
and maintenance of fences.
[Added 5-14-1998 by L.L. No. 2-1998; amended 3-16-2020 by L.L. No. 1-2020]
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]
A dwelling unit used by farm employees and their families.
[Added 12-22-2004 by L.L. No. 7-2004; amended 3-16-2020 by L.L. No. 1-2020]
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.
This shall include the Open Space, Conservation and Scenic Views Master
Plan adopted in 2018; the Agricultural Enhancement Plan adopted in
2016; and other documents as may be approved by the Town Board at
a later date.
[Added 7-25-2005 by L.L. No. 7-2005;
amended 3-16-2020 by L.L. No. 1-2020]
An operation as defined in § 301 of New York State
Agriculture and Markets Law.
[Added 7-25-2004 by L.L. No. 7-2004; amended 3-16-2020 by L.L. No. 1-2020]
Any vehicle which is used in conjunction with an established
farm operation.
[Added 7-25-2005 by L.L. No. 8-2005]
Woodland as defined in § 301 of New York State
Agriculture and Markets Law.
[Added 12-22-2004 by L.L. No. 7-2004; amended 3-16-2020 by L.L. No. 1-2020]
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.
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]
See "average finished grade."
[Amended 7-25-2005 by L.L. No. 7-2005]
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]
Any national, state, county, municipal or public safety agency
flag.
[Added 3-23-1992 by L.L. No. 3-1992]
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]
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.
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]
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.
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.
A division of land in the Uptown Canandaigua Form Based Code area, identified as the State Route 332 subarea or the mixed-use development area, designed to foster predictable built results and a high-quality public realm by using physical form pursuant to § 220-32, and the Uptown Canandaigua Form Based Code.
[Added 9-12-2022 by L.L.
No. 8-2022]
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]
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]
A structure other than a private garage used for the parking
of motor vehicles available to the public.
See "motor vehicle service station."
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]
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]
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]
As defined in § 301 of New York State Agriculture
and Markets Law.
[Added 12-22-2004 by L.L. No. 7-2004; amended 3-16-2020 by L.L. No. 1-2020]
A large-scale 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; amended 2-27-2023 by L.L. No. 2-2023]
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.
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]
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]
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]
A nonresidential use clearly subordinate to the permitted
principal residential use of the premises.
[Amended 7-25-2005 by L.L. No. 6-2005]
HOME OCCUPATION, MAJORAny home occupation that is not a minor home occupation.
HOME OCCUPATION, MINORAny home occupation that:
Involves no person other than persons residing
on the premises;
Shows no visible evidence (including signage)
from the exterior of the dwelling unit;
Generates no additional traffic and no need
for off-street parking beyond the customary needs of the occupants
of the dwelling unit;
Uses no equipment which would not customarily
be used by the occupants of the dwelling unit;
Is conducted entirely inside the principal dwelling
unit on the premises;
Involves:
No retail sales where the public visits the
premises to purchase;
No exterior display or storage of goods, materials,
equipment, or inventory;
No other activities requiring a permit;
No noise other than that which is customarily
generated by the occupants of the dwelling unit;
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;
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.
See "motel."
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]
Feces, urine, or other human excretions.
[Added 7-25-2005 by L.L. No. 3-2005]
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]
See "on-site waste water treatment system."
[Added 7-25-2005 by L.L. No. 7-2005]
See "Abandoned Vehicle."
[Added 10-15-2018 by L.L.
No. 7-2018]
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]
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]
A right-of-way for pedestrian use extending from a street
into a block or across a block to another street.
A symbol, syllable, word, odd shape or broken plane.
[Added 3-23-1992 by L.L. No. 3-1992]
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.
See "Abandoned Vehicle."
[Added 10-15-2018 by L.L.
No. 7-2018]
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.
Exceptions:
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.
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.
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]
Any premises on which four or more dogs, six months old or
older are kept, bred and/or boarded.
Canandaigua Lake as bounded by its mean high water mark of
689.41 MSL.[11]
[Added 7-25-2005 by L.L. No. 3-2005]
As defined in § 301 of New York State Agriculture
and Markets Law.
[Added 12-22-2004 by L.L. No. 7-2004; amended 3-16-2020 by L.L. No. 1-2020]
A solar energy system defined as a Tier 1 solar energy system,
Tier 2 solar energy system, Tier 3 solar energy system, or Tier 4
solar energy system that is ground-mounted and produces energy primarily
for the purpose of off-site sale or consumption, or which exceeds
4,000 square feet in total area.
[Added 12-19-2016 by L.L.
No. 10-2016; amended 2-27-2023 by L.L. No. 2-2023]
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]
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]
Light emitted directly from the source, off of the reflector
or reflector diffuser, or through the refractor or diffuser lens,
of a luminaire.
[Added 4-19-2021 by L.L. No. 4-2021]
Light emitting from a luminaire with intensity great enough
to reduce a viewer's ability to see.
[Added 4-19-2021 by L.L. No. 4-2021]
Direct light that has been reflected or has scattered off
of surfaces other than those associated with the light fixture.
[Added 4-19-2021 by L.L. No. 4-2021]
The illumination of an outside area or object by any luminaire.
[Added 4-19-2021 by L.L. No. 4-2021]
Stray or reflected light that is emitted into the atmosphere
above the ninety-degree horizontal plane from the luminaire, and which
can or does cause unwanted sky glow or which can or is seen from an
abutting property.
[Added 4-19-2021 by L.L. No. 4-2021]
Direct light from a luminaire located on one property that
is intruding onto other property.
[Added 4-19-2021 by L.L. No. 4-2021]
Space logically and conveniently located for public pickups
and deliveries, scaled to delivery vehicles expected to be used and
accessible to such vehicles.
A room rented as sleeping and living quarters, but without
cooking facilities with or without an individual bathroom.
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]
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]
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.
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.
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.
The area of all structures on a lot divided by the lot area.
[Added 3-16-2015 by L.L.
No. 3-2015]
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.
The front of a lot shall be construed to be the portion nearest
the street or right-of-way. 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; 9-12-2022 by L.L. No. 8-2022]
A parcel of land which adjoins Canandaigua Lake.
[Amended 11-28-1994 by L.L. No. 7-1994]
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]
The line separating the lot from the boundary of the highway
or right-of-way upon which the lot abuts.
The lot line opposite and most distant from the front lot
line.
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."
A lot line separating the lot from a street or alley.
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.
A lot which is not a corner lot and which has frontage on
two streets.
The horizontal distance across the lot between side lot lines
at the street line.
A complete lighting system, including a light source component
(lamp or lamps that produce the actual light) and a fixture.
[Added 4-19-2021 by L.L. No. 4-2021]
A luminaire that, by design of the housing, does not allow
any light dispersion or direct light to shine above a ninety-degree
horizontal plane from the base of the luminaire.
[Added 4-19-2021 by L.L. No. 4-2021]
The vertical distance from the ground directly below the
center line of the luminaire to the lowest direct-light-emitting part
of the luminaire.
[Added 4-19-2021 by L.L. No. 4-2021]
Any division of land not classified as a conservation subdivision,
form-based code subdivision, or minor subdivision.
[Added 9-12-2022 by L.L.
No. 8-2022]
See "dwelling, manufactured" for definition of this term.
[Added 7-25-2005 by L.L. No. 7-2005]
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]
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]
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]
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]
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]
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."
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]
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]
A division of land, which is zoned and whose uses are exclusively
residential or agricultural, and which does not create greater than
three parcels adjoining a right-of-way.
[Added 9-12-2022 by L.L.
No. 8-2022]
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]
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]
A parcel of land within a mobile home park reserved for the
placement of a mobile home and the exclusive use of its occupants.
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.
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.
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]
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]
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]
Unenclosed motor vehicles having seats or saddles for the
use of riders.
[Added 10-15-2018 by L.L.
No. 7-2018]
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]
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]
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]
Unenclosed motorized vehicles having seats or saddles for
the use of riders.
[Added 7-25-2005 by L.L. No. 8-2005]
The document adopted by resolution of the Canandaigua Town
Board on November 16, 2020, entitled "Town of Canandaigua Natural
Resources Inventory Update" together with the maps and appendices
attached thereto. 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; amended 11-16-2020 by L.L. No. 4-2020]
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]
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]
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]
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]
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]
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]
See "day-care center" for definition of this term.[14]
[Amended 7-25-2005 by L.L. No. 7-2005]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
An area, other than a street or other public way, used for
the parking of automobiles and available to the public.
A space located outside a public right-of-way adequate for
parking a motor vehicle, exclusive of passageways and driveways appurtenant
thereto.
[Amended 7-25-2005 by L.L. No. 7-2005; 11-16-2020 by L.L. No.
3-2020]
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]
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]
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.).
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]
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]
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]
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]
Any use listed in any zoning district as permitted.
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]
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]
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]
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]
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.
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.
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]
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]
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]
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]
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]
A survey map.
[Added 6-28-2010 by L.L. No. 3-2010]
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]
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]
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]
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]
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]
The main or primary purpose for which a building, structure
or lot is to be used.
A privately owned and maintained access serving three or
fewer parcels, providing direct access to a public right-of-way.
[Added 9-12-2022 by L.L.
No. 8-2022]
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]
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]
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]
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]
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]
The dump owned or operated by the Town of Canandaigua.
[Added 8-1-1966]
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]
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]
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]
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]
Any right-of-way open to the public for vehicular or pedestrian
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]
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]
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]
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]
TRAVEL TRAILERA 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.
CAMP TRAILERA registered portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.
TRUCK CAMPERA portable unit, designed to be loaded onto, or affixed to, the bed or chassis of a truck. Truck campers are of two basic types:
SLIDE-IN CAMPERA portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
CHASSIS-MOUNT CAMPERA portable unit designed to be affixed to a truck chassis.
MOTOR HOME— A registered vehicular unit built on a self-propelled
motor vehicle chassis.
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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;
amended 9-12-2022 by L.L. No. 8-2022]
PRIVATE RIGHT-OF-WAYLand owned or accessible and subject to a recorded easement which includes a maintenance agreement(s) by a nonpublic agency, private entity, individual, or organization and occupied or intended to be occupied by transmission mains, gas pipelines, rails, private driveways, or other special uses.
PUBLIC RIGHT-OF-WAYLand owned by public agencies for use as a street or other public purposes.
The line, present or proposed, which is the joint boundary
line between a lot and the street or highway right-of-way.
[18]Retail outlets with all related structures for the sale of
agricultural 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]
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; 2-27-2023 by L.L. No. 2-2023]
See "boarding house."
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]
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]
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]
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]
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]
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]
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]
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]
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]
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.
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]
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]
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.
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]
Any visual message incorporated into an awning attached to
a building.
[Added 3-23-1992 by L.L. No. 3-1992]
A sign principally designed for pedestrians attached perpendicular
to the building.
[Added 7-15-2019 by L.L.
No. 3-2019]
A sign listing the name and location of all tenants in a
structure.
[Added 3-23-1992 by L.L. No. 3-1992]
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]
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]
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]
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]
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]
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]
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]
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.
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]
A sign that directs attention to the location of a local
service or place of business.
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]
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]
A sign supported by a pole, uprights or braces which are
placed in or on the ground.
See "sign, projecting."
[Added 3-23-1992 by L.L. No. 3-1992]
A sign lighted by electricity, gas, or other artificial light,
including reflective or phosphorescent light, paint, or tape.
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]
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]
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]
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]
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]
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.
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]
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.
See "development identification sign."
[Added 3-23-1992 by L.L. No. 3-1992]
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.
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]
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]
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]
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]
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]
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.
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]
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]
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]
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]
Refers to person. (See definition of "person.")
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
or on the Town of Canandaigua website.
[Added 11-4-2009 by L.L. No. 3-2009; 9-12-2022 by L.L. No. 8-2022]
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]
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]
A solar energy system that is ground-mounted, produces energy
primarily for the purpose of on-site use, and does not exceed 4,000
square feet in total area.
[Added 12-19-2016 by L.L.
No. 10-2016; amended 2-27-2023 by L.L. No. 2-2023]
The keeping of certain livestock for agricultural use, including
associated buildings, on a parcel of land under five acres lot size.
Regulated livestock shall include bovids, camelids, equids, fur-bearing
animals, swine, and fowl. This use shall not regulate the keeping
of bees.
[Added 3-16-2020 by L.L. No. 1-2020]
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]
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; amended 2-27-2023 by L.L. No. 2-2023]
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; amended 2-27-2023 by L.L. No. 2-2023]
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
[Added 12-19-2016 by L.L.
No. 10-2016; amended 2-27-2023 by L.L. No. 2-2023]
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]
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]
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]
Any of the following:
[Added 7-24-1995 by L.L. No. 4-1995]
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]
A building in which any horses are kept for remuneration,
hire or sale.
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.
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]
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]
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]
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]
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]
See "accessory building."
[Added 7-25-2005 by L.L. No. 7-2005;
amended 4-8-2013 by L.L. No. 2-2013]
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]
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]
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]
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]
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]
COLLECTOR STREETThose 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.
MAJOR TRAFFIC STREETSThose 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.
MINOR STREETThose used primarily to provide access to abutting property.
MARGINAL ACCESS STREETSMinor streets, parallel and adjacent to major traffic streets, providing access to abutting properties and control of intersections with the major traffic streets.
PUBLIC STREETA street dedicated to public use.
RESIDENTIAL STREETA 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.
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."
The line separating a lot from a street.
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]
Any person, association, partnership, or agent thereof proposing
subdivision as defined herein.
[Amended 7-25-2005 by L.L. No. 7-2005]
The division of land into two or more lots.
[Amended 11-24-2000 by L.L. No. 8-2000]
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]
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]
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]
A person licensed as a land surveyor by the State of New
York.
[Added 10-17-2006 by L.L. No. 13-2006]
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]
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]
A swimming pool having 3/4 or more of its water content below
the level of the surrounding ground.
A system of electrical conductors that transmit or receive
radio frequency waves.
[Added 7-25-2005 by L.L. No. 4-2005]
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]
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]
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]
A certificate issued pursuant to § 92-5 of the Town Code.
[Added 10-17-2006 by L.L. No. 10-2006]
A structure of a nonpermanent nature (movable) and temporarily
utilized for the sale of agricultural products.
[Added 3-16-2020 by L.L. No. 1-2020]
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.
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]
Roof-mounted and building-integrated solar energy systems;
ground-mounted solar energy systems with a nameplate capacity up to
25 kW AC, or with a total solar panel surface area of up to 4,000
square feet; and on-farm solar energy systems designed to support
an existing agricultural operation in the community.
[Added 2-27-2023 by L.L.
No. 2-2023]
Ground-mounted solar energy systems larger than 25 kW that
primarily use the electricity generated from the system on-site. Tier
2 ground-mounted solar energy systems have a nameplate capacity of
up to 1 MW AC or a facility area of up to eight acres and generate
no more than 110% of the electricity consumed on site over the previous
12 months.
[Added 2-27-2023 by L.L.
No. 2-2023]
Larger principal uses with greater impacts. Tier 3 systems
are those not included in Tier 1 or Tier 2 solar energy systems that
have a nameplate capacity of up to 5 MW AC or a facility area of up
to 40 acres in size, depending on the threshold type selected by the
municipality.
[Added 2-27-2023 by L.L.
No. 2-2023]
Large-scale systems that are not included under Tier 1, Tier
2, or Tier 3 solar energy systems. Tier 4 solar energy systems include
all projects subject to the state-level siting process administered
by the Office of Renewable Energy Siting (ORES); this extends to all
new solar projects with a nameplate capacity of 25 MW or greater,
as well as new solar projects between 20 MW and 25 MW which elect
to seek a permit through ORES.
[Added 2-27-2023 by L.L.
No. 2-2023]
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]
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]
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]
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]
A building containing three or more townhouses.
[Added 3-16-2015 by L.L.
No. 3-2015]
A townhouse building or group of townhouse buildings.
[Amended 3-16-2015 by L.L. No. 3-2015]
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.
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]
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]
The cutting down of a tree.
[Added 6-19-2017 by L.L.
No. 12-2017]
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]
Using pesticides, including herbicides, for the killing of
a tree.
[Added 6-19-2017 by L.L.
No. 12-2017]
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]
A farm operation devoted to the growing of vegetables, fruits,
woody mature plants, sod 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;
amended 3-16-2020 by L.L. No. 1-2020]
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.[27]
[Amended 7-25-2005 by L.L. No. 7-2005; 10-17-2006 by L.L. No.
10-2006]
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]
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]
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]
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]
Any light source that distributes illumination above a ninety-degree
horizontal plane.
[Added 4-19-2021 by L.L. No. 4-2021]
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]
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]
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 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.[28]
[Added 7-25-2005 by L.L. No. 8-2005; amended 6-28-2010 by L.L. No. 3-2010]
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]
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]
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]
A stream, gully or other body of water identified either
by the NYS Department of Environmental Conservation on official mapping
or on Town of Canandaigua maps, which are available in the Town Development
Office.
[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; 3-20-2023 by L.L. No. 4-2023]
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]
That body of land from which or through which water drains
into a watercourse.
[Added 7-25-2005 by L.L. No. 3-2005]
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]
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]
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]
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.
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]
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]
A yard extending between the side building line and the nearest
side lot line; situated between the front and rear yards.
The classification of lands as established in the Town of
Canandaigua Zoning Law.
[Added 3-23-1992 by L.L. No. 3-1992]
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]
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]
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]
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.
[2]
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.
[3]
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.
[4]
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.
[5]
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.
[6]
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.
[7]
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.
[8]
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.
[9]
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.
[10]
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.
[11]
Editor's Note: The former definition of "land disturbance,"
which immediately followed, was repealed 3-16-2020 by L.L. No. 1-2020.
[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.
[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 definition of "unique and irreplaceable
agricultural land," which immediately followed, was repealed 3-16-2020 by L.L. No. 1-2020.
[28]
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.
