A.
Except for buildings, land, or uses located on the lake side of the
mean high water line of Canandaigua Lake, no building shall hereafter
be erected and no existing building shall be moved, structurally altered,
rebuilt, added to or enlarged, nor shall any land be used for any
purpose other than those included among the uses listed as permitted
or special permitted uses in each zone district of this chapter and
meeting the requirements set forth herein. Open space contiguous to
any building shall not be encroached upon or reduced in any manner,
except in conformity to the area and bulk requirements, off-street
parking requirements, and all other regulations required by this chapter
for the zone district in which such building or space is located.
In the event of any such unlawful encroachment or reduction, such
building or use shall be deemed to be in violation of this chapter,
and the certificate of occupancy shall become null and void.
B.
Nothing in this chapter shall restrict the Town of Canandaigua in
the construction, use or maintenance of public buildings, structures
or facilities, parks or other publicly owned properties or the installation
and maintenance of such public utilities as may be required to service
any district.
[Added 3-20-2017 by L.L.
No. 6-2017; amended 6-19-2017 by L.L. No. 12-2017]
A.
Purpose: The purpose of this Steep Slope Protection section is to
conserve the sensitive environment of steep slope areas, and to regulate
land use within these areas in a manner which protects the public
interest by minimizing detrimental effects of land disturbance and
development to steep slopes by:
(1)
Providing for the reasonable use of steep slopes while ensuring development
will not induce soil erosion, unreasonably alter the natural topography
of the area, require excessive grading, increase slope instability,
increase stormwater runoff, contaminate surface waters or create onsite
sewage treatment problems.
(2)
Guarding against property damage and personal injury;
(3)
Minimizing the potential for erosion, slope failure, stream siltation,
increased stormwater runoff, flooding, contamination of surface waters;
and protecting the water quality of Canandaigua Lake and other downstream
bodies of water.
(4)
Conserving existing steep slope woodlands for air and water quality
benefits and the preservation of wildlife habitats.
B.
Steep slope protection areas (SSPA).
C.
Activities within a steep slope protection area requiring site plan
review.
(1)
The following activities require site plan approval through the Town of Canandaigua Planning Board, pursuant to § 220-64, when located in a steep slope protection area except where specifically exempt in § 220-8C(2):
(a)
Zone A: 500 square feet or greater of land disturbance within
2,000 feet horizontal distance from the mean high water mark of Canandaigua
Lake.
(b)
Zone B: 500 square feet or greater of land disturbance within
100 feet horizontal distance from any open watercourse.
(c)
Zone C: 2,000 square feet or greater of land disturbance occurring
beyond the horizontal distance stipulations in Zones A and B above.
(2)
The following activities are exempt from the site plan approval required
for steep slope protection areas:
(a)
Soil cultivation for agricultural purposes and home gardens.
(3)
All land disturbance that occurs on the steep slope protection area
portion of the parcel within two years shall be used to calculate
the total area of land disturbance.
D.
Permitted and prohibited uses and activities within a steep slope
protection area.
(1)
Moderately steep slopes (15% to less than 25%).
(a)
Permitted uses and activities on moderately steep slopes (15% to less than 25%): all permitted uses allowed in the underlying zoning district except for those uses and activities prohibited in § 220-8D(1)(b) and not prohibited by any other Town law are allowed within this slope category.
(b)
Prohibited uses and activities on moderately steep slopes (15% to less than 25%): The following uses and activities are specifically prohibited on moderately steep slopes if the land disturbance is greater than the threshold for the applicable zone as specified in § 220-8C(1):
[1]
Removal of existing ground cover and root systems except when
related to a permitted use.
[2]
Solid waste disposal, recycling uses, junkyards, or other similar
outdoor storage use.
[3]
Installation of an accessory structure, except for driveways,
that requires greater than 4,000 square feet of land disturbance within
the steep slope protection area.
(2)
Very steep slopes (25% to less than 40%).
(a)
Permitted uses and activities on very steep slopes (25% to less
than 40%): The following uses and activities are permitted within
this category provided that each use or activity is in compliance
with the regulations of the underlying district and is not prohibited
by any other Town law.
[1]
One single-family residence with attached or detached garage.
[2]
One driveway to serve the residence and garage (driveways must
comply with the Town Private Driveways and Private Roads Law as well
as the Town site design criteria).
[3]
Trams and/or stairs as may be needed to access another elevation
on the property.
[4]
Onsite wastewater treatment system. This must first be reviewed
for location viability by local authorities, followed by design approval
by the Watershed Inspector, DEC and/or the New York State Department
of Health.
[5]
Utility transmission lines and aboveground utility line structures
unless upon petition of a public utility corporation, the New York
State Public Utility Commission shall, after public hearing, decide
that the presence of such proposed lines or structures in question
is not reasonably necessary for the convenience or welfare of the
public.
[6]
New or expanded paths developed specifically for golf carts,
ATVs or other similar small vehicles, maximum path width to be six
feet.
[7]
Detached accessory structures.
[8]
Those uses and activities otherwise prohibited by § 220-8D(2)(b) but whose land disturbance is less than the threshold for the applicable zone as specified in § 220-8C(1).
(b)
Prohibited uses and activities on very steep slopes (25% to less than 40%): If the land disturbance in this slope category is greater than the threshold for the applicable zone as specified in § 220-8C(1), the following uses and activities are specifically prohibited:
[1]
All items prohibited on moderately steep slopes.
[2]
All terraced landscaping, with or without retaining walls, not directly required to construct items listed under § 220-8D(2)(a).
[3]
Resource extraction uses.
[4]
Stormwater retention basins.
[5]
Installation of an accessory structure that requires greater
than 2,000 square feet of land disturbance on slopes 25% or more.
(3)
Extremely steep slopes of 40% or more.
(a)
Permitted uses and activities on extremely steep slopes of 40%
or more: The following uses and activities are permitted within this
category provided that each use or activity is in compliance with
the regulations of the underlying district and is not prohibited by
any other Town law:
[1]
The construction of new stairs and/or new tramways as required
for access to an allowable building site, existing residence, elevation
change on the property or to the waterfront for lakeside property.
[2]
Replacement of existing structures, stairs or tramways, all
to be within the same footprint, that are currently on the property.
[3]
The construction of roadside parking via retaining wall system
if approved by the Town/County Highway Department or the New York
State Department of Transportation, whichever has jurisdiction.
[4]
Installation of structures, that requires land disturbance that is less than the threshold for the applicable zone as specified in § 220-8C(1).
[5]
Those uses and activities otherwise prohibited by § 220-8D(3)(b) but whose land disturbance is less than the threshold for the applicable zone as specified in § 220-8C(1).
(b)
Prohibited uses and activities on extremely steep slopes (40% or greater): All uses or construction activities, other than those set forth in § 220-8D(3)(a) that require land disturbance greater than the threshold for the applicable zone as specified in § 220-8C(1) are prohibited.
E.
General regulations.
(1)
Any development proposed in a steep slope protection area shall be
designed to work with the natural elements of the site, locating the
proposed improvements in such a manner as to minimize land disturbance,
cut and fill operations, tree removal, and alterations to natural
drainage. The applicant must provide the Development Office with documentation
that the improvements were designed to fit the existing natural elements
of the site, rather than making the site fit the development goals
of the landowner as part of the site plan review process. In any project
with cut and fill operations, the applicant shall prove to the Planning
Board that there was no other alternative to cut and fill to develop
the site and that cut and fill has been minimized. The Town of Canandaigua
Development Office will provide steep slope site illustration examples
to applicants.
(2)
All single-family residential land-disturbing activities in steep
slope protection areas, including but not limited to clearing, grading,
excavation, building construction, construction of driveways and roads,
cutting, and filling, shall be limited to the minimum steep slope
protection area necessary to accommodate the proposed use or activity,
and shall in no case be greater than 15,000 square feet of steep slope
protection area disturbance per parcel, plus land necessary for driveway
access, on-site wastewater treatment system, and stormwater management
facilities.
(3)
Changes to the natural elevation of a steep slope development site
shall be minimized. Any changes to the natural elevation of the site
shall meet the following criteria:
(a)
The original, natural elevation of a steep slope protection
area shall not be raised and/or lowered more than five feet on average
across a contiguous area of 2,500 square feet of grading and shall
not exceed 10 feet in any location in the steep slope protection area.
(b)
The natural elevation shall not be raised or lowered more than three feet within the required setback for structures. The setback distances are described in Chapter 220, Zoning, Schedule I.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
(c)
The finished slope of all cuts or fills for any site work in
areas where only vegetation is proposed to prevent erosion shall not
exceed a slope of one vertical to two horizontal (50% grade or 26.5°
of angle) without a retaining wall, stacked rock rip rap, or other
similar structural stabilization.
(4)
Any new or existing retaining wall higher than three feet above finished
elevation incorporated into the proposed project design requires the
evaluation of a New York professional engineer as to its structural
integrity and written direction and certification as to its use.
(5)
If total land disturbance exceeds 7,500 square feet and greater than
50% of land disturbance is within a steep slope protection area, then
lot coverage for the entire site shall be reduced to 90% of the allowable
lot coverage for the underlying zoning district.
(6)
If a permanent driveway cannot be legally built to serve the residence
or other improvement, no temporary construction road/driveway may
be permitted in steep slope protection areas.
(7)
All development projects that disturb greater than 10,000 square
feet of steep slope protection areas in Zones A and B, and 20,000
square feet of steep slope protection areas in Zone C shall be required
to provide for water quality treatment up to the one-year storm event.
If disturbance is greater than one acre but less than five acres in
the steep slope protection area, then water quantity control must
also be provided following the Town's Site Design Criteria and the
New York State Stormwater Management Design Manual.
(8)
From October 15 until April 1, disturbed land areas in steep slope
protection areas that are not worked for three days shall not be left
bare or exposed. Approved temporary or permanent protective straw
mulch and/or erosion control blankets shall cover these disturbed
areas to provide stabilization. From April 1 until October 15 disturbed
land areas in steep slope protection areas that are not worked for
five days shall not be left bare or exposed. Approved temporary or
permanent seeding along with protective straw mulch and/or erosion
control blankets must cover these disturbed areas. All seeding, straw
mulching and erosion control blankets shall meet the installation
methods and quantities as stated in the New York State Standards and
Specifications for Erosion and Sediment Control.
(9)
Rolled erosion control products shall be used to temporarily stabilize
slopes that are equal to or greater than 1:3 (vertical: horizontal).
(10)
Trees with a diameter breast height (DBH) of six inches or greater
within 20 feet of the mean high water mark of Canandaigua Lake, within
20 feet of the top of slope of the shoreline cliff area or within
20 feet from the top and toe of a gully shall not be removed unless
they are deemed unhealthy or a safety hazard by a certified arborist
or equivalent. Enhancing lake views can be done through a combination
of canopy reduction and selective thinning without substantial tree
removal. Tree removal may be allowed in the gully zone for the purposes
of traversing a gully via a bridge or culvert structure to access
another portion of the property.
(11)
The Planning Board may approve modifications to these standards in § 220-8E if the applicant can prove that such modifications would result in less total site disturbance and/or less change to the natural grade than would compliance with these standards and that such modifications meet the intent of this chapter to the greatest extent possible.
G.
Steep slope protection area review process.
(1)
Steep slope protection area application: The steep slope protection area review process will follow the Town of Canandaigua Site Plan Regulations (Chapter 220, Article VII), in addition to the following criteria:
(a)
The preliminary site plan and final site plan shall include
the following:
[1]
Documentation that the improvements were designed to comply with § 220-8 and have been designed to fit the existing natural elements of the site instead of altering the site to fit the development goals.
[2]
Contours of existing and proposed conditions at vertical intervals
of no more than two feet.
[3]
Temporary roads, driveways, parking areas and pathways, including
the widths and slopes of these features.
[4]
Location of all trees within the proposed project limits that
are located in a steep slope protection area with a DBH of six inches
or greater and which, if any, of these trees will be cut as part of
this project.
[5]
An overlay of each steep slope category as defined in § 220-8.1(B)(2)
of this local law for existing site conditions.
[6]
Location and description of all existing and proposed, open
and closed, drainage features, to include roof drains, footing drains
and retaining wall drains, with discharge points identified. Stormwater
calculations shall be provided for all existing and proposed culverts
or changes to gullies. The applicant will need to document that each
of these drainage features can convey the twenty-five-year one-hour
storm event.
[7]
The Planning Board may request cross-sectional profiles of the
existing and proposed slopes for projects that disturb greater than
2,500 square feet of a steep slope protection area. The applicant
is encouraged to submit three cross-sectional profiles of the existing
and proposed slopes if the applicant proposes greater than 2,500 square
feet of disturbance in a steep slope protection area to expedite the
review process.
(2)
The application shall be prepared in accordance with the New York
State Standards and Specifications for Erosion and Sediment Control
and the New York State Stormwater Management Design Manual.
[Amended 2-13-2012 by L.L. No. 1-2012; 4-8-2013 by L.L. No. 2-2013; 2-10-2014 by L.L. No.
1-2014; 10-17-2016 by L.L. No. 9-2016]
A.
Preservation of natural features.
(1)
Except as otherwise stated in this chapter, no structure shall be
built within 100 feet of the bed of a watercourse or within 25 feet
of the mean high-water elevation of Canandaigua Lake, except for:
[Amended 3-20-2023 by L.L. No. 4-2023]
(a)
Docks, piers, boathouses and/or ramps designed for provision
of navigational access;
(b)
Public bridges, public waterworks and other municipal or public
utility facilities; and
(c)
Private bridges, fords, drainage conduits, embankments and similar
structures as are necessary to permit access to a lot or portion thereof
or as are incidental to a lawful use of a lot, provided that such
structure will not have a material adverse effect on the stream, nor
alter the flow of water therein, nor substantially increase the likelihood
of flood or overflow in the area.
(2)
No person shall strip, excavate, stockpile, or otherwise remove or
relocate topsoil, except:
(3)
No movement of earth or soil erosion shall be permitted at any time
in any district which adversely affects conditions on any other property.
(4)
Whenever natural features such as trees, brooks, drainage channels
and views interfere with the proposed use of property, the retention
of the maximum amount of such features consistent with the intended
use of the property shall be required.
B.
All accessory buildings and accessory structures, not including agricultural
structures and except as otherwise specified in this chapter, shall
be subject to the standards in this section.
(1)
An accessory building attached to a principal building shall be considered
a part of the principal building and is required to comply with the
yard requirements of this chapter for the principal building. For
the purposes of this section, "attached" shall mean physical connection
by way of a common wall or foundation and not separated by an unenclosed
exterior space.
[Amended 7-17-2017 by L.L. No. 16-2017]
(2)
No detached accessory building shall be closer to the street or right-of-way
line than the minimum front yard setback for the principal building.
(3)
Accessory buildings and structures for multiple-family dwellings,
manufactured home parks, public uses, commercial uses and industrial
uses may be allowed in rear or side yard(s) of the primary building(s).
(4)
Detached accessory buildings and structures may be required to be
fenced and/or buffered from adjacent properties, consistent with approved
site plans, in order to protect the value of adjacent properties.
(5)
Except as otherwise stated in this chapter, a nine-hundred-square-foot
accessory building shall be allowed on vacant lots with no primary
building or use and may be used for storage of materials, equipment,
and other personal property in the AR-1, AR-2, RR-3 and SCR-1 districts.
Such accessory building shall be subject to the setback and height
requirements contained in the Zoning Schedule (Schedule I).[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
(6)
Accessory buildings shall not be used as habitable space.
(7)
The following shall apply to lots with one or more single- and two-family
dwellings outside of the Residential Lake District:
(a)
A lot of 20,000 square feet or less may have:
[Amended 2-11-2019 by L.L. No. 1-2019]
[1]
One detached private garage;
[2]
One additional detached accessory building not exceeding 200
square feet plus 1% of the subject lot's area in square feet and rounded
to the nearest fifty; and
[3]
A total combined building footprint for all detached accessory
buildings not exceeding 1,300 square feet.
(b)
A lot of greater than 20,000 square feet may have, in addition
to attached accessory buildings:
[1]
A maximum of five detached accessory buildings; and
[2]
A total combined building footprint for all detached accessory
buildings not exceeding 1,300 square feet plus 1% of the subject lot's
area in square feet and rounded to the nearest hundred or 3,000 square
feet, whichever is less.
[Amended 2-11-2019 by L.L. No. 1-2019]
(d)
Except within the AR-1, AR-2 and RR-3, detached accessory buildings
that are taller than the principal building or have a footprint greater
than that of the principal building, not including attached private
garages, porches, decks, and patios, shall be separated from the principal
building by a distance equal to the side setback required for an accessory
building.
[Amended 2-11-2019 by L.L. No. 1-2019]
(e)
Except within the AR-1, AR-2 and RR-3, detached accessory buildings
with the exception of detached private garages and storage sheds shall
be located in the rear yard and subject to the setback requirements
for the district in which it is located.
[Amended 2-11-2019 by L.L. No. 1-2019]
(f)
Except within the AR-1, AR-2, and RR-3, detached private garages
and storage sheds shall be located to the rear of the front building
line of the principal building and may be located in the side yard.
[Amended 2-11-2019 by L.L. No. 1-2019]
(g)
Except within the AR-1, AR-2, and RR-3, on corner lots, detached
accessory structures shall be located in a side yard.
[Amended 2-11-2019 by L.L. No. 1-2019]
(h)
If a lot is divided by a street and the principal building is
located on one portion of the lot, then the accessory building/structure
may be permitted on the portion of the lot opposite the principal
building. In this instance, the minimum setbacks for the zoning district
shall apply.
[Amended 2-11-2019 by L.L. No. 1-2019]
(8)
Lots located within the NC, CC, RB-1, LI, and I districts that accommodate one or more existing agricultural uses and/or single- and two-family dwellings shall be allowed the same accessory uses, buildings, and structures specified in Town Code § 220-14, AR-1 Agricultural Rural Residential District, but subject to the lot and setback requirements applicable to their respective zoning district, except that accessory buildings and accessory structures used for the sale of agricultural and nursery products shall not be allowed along State Route 332.
C.
Every developed lot of record shall have access to a right-of-way.
All structures shall be so located on lots so as to provide safe and
convenient access for servicing, fire protection and required off-street
parking. Further standards may be found within the Town of Canandaigua
Site Design and Development Criteria.[3]
[Amended 11-16-2020 by L.L. No. 3-2020; 9-12-2022 by L.L. No. 8-2022]
[3]
Editor's Note: The Site Design and Development Criteria are
available in the Town offices or through the Town's online version
of the Code (eCode360®).
D.
At the intersection of two or more streets, no hedge, fence or wall
(other than a single post or tree) which is higher than three feet
above curb level, nor any obstruction to vision, including agricultural
crops, shall be permitted in the triangular area formed by the intersecting
street lines and a line joining each 50 feet distant from said intersection
measured along the edge of the pavement.
E.
Where a building lot has frontage on a street which is proposed for
right-of-way widening, the required front yard setback area shall
be measured from such proposed right-of-way line.
F.
Outdoor display of goods for sale. Unless the display of goods for
sale in such an area shall have been approved by the Town Planning
Board, no commercial establishment shall place or display goods, including
vehicles, for sale upon any seeded or landscaped area nor upon any
paved area necessarily designated on an approved site plan to meet
the minimum requirements of the Town Zoning Law for off-street parking.
G.
No manure, odor or dust-producing substances shall be permitted to
be stored within 200 feet of any lot line, unless such substance is
part of accepted agricultural operations or practices and the land
involved lies within an agricultural district established pursuant
to New York State Agriculture and Markets Law.
H.
For the purpose of regulating the location of buildings or structures
on corner lots and through lots, all portions of a corner lot and
a through lot which fronts on a public street shall be subject to
the front yard setback requirements of the zone district in which
the corner lot or through lot is located.
I.
No front yard, wherever located, and except as may be otherwise provided in Article V, no rear yard adjoining Canandaigua Lake, shall be used for the open storage of boats, vehicles, travel trailers or any other equipment, except for vehicular parking on driveways. Such open storage may be stored on the side of the building but not nearer than 10 feet from the rear or side lot line.
J.
When a new lot is formed so as to include within its boundaries any
part of a former lot on which there is an existing building or use,
the subdivision must be carried out in such a manner as will not infringe
upon any of the provisions of this chapter either with respect to
any existing structures or use and any proposed structures or use
or setbacks.
K.
Fences erected in the Town shall adhere to the following standards:
[Amended 5-21-2018 by L.L. No. 1-2018]
(1)
Except as may be otherwise provided in this Subsection K, no fence in a front yard within any parcel zoned and occupied for residential use or in a rear yard adjoining Canandaigua Lake shall be erected, altered, or reconstructed to a height exceeding four feet above ground level.
(2)
Except as may be otherwise provided in this Subsection K, no fence in a rear yard or side yard within any parcel zoned and occupied for residential use shall be erected, altered, or reconstructed to a height exceeding six feet above ground level.
(3)
Fencing used to enclose a tennis court may be permitted up to 12
feet in height, provided that such fencing is not less than the minimum
permitted setback for accessory structures in the applicable zoning
district.
(4)
These restrictions shall not be applied so as to restrict the erection
of a wall for the purpose of retaining earth.
(5)
Except as provided in §220-60, fences in the Restricted Business, Industrial, and Commercial Districts may be up to eight feet in height.
(6)
Fences for kennels and for the purpose of enclosing farmland, horses,
and cattle shall not exceed eight feet in height.
(7)
No fence shall be erected to encroach on any property line or upon
a public right-of-way.
(8)
No fence shall be erected in a delineated area of special flood hazard, except for farm fences, unless it can be demonstrated that such fence would not restrict the flow of floodwaters nor would it have any impact on any buildings. No fence shall be erected in such area of special flood hazard until a development permit is obtained in accordance with Chapter 115 of this Town Code.
(9)
Snow fences may be allowed without a permit, provided that the placement
does not result in snow drifting onto adjacent properties or the public
highway. Said fences may be erected for a period not to exceed six
months and must be removed not later than May 1 of each year.
(11)
Fences on lots adjoining Canandaigua Lake shall not be erected
within 15 feet of the mean high water mark and shall not be erected
in a way that will impair the view from any neighboring property.
(12)
Fences for large-scale solar energy systems shall conform to
the minimum size required per National Electric Code. This requirement
shall be confirmed by the Code Enforcement Officer.
L.
If the use of any lot or building involves the disposal of on-site wastewater and public sewers are not available, an adequate on-site wastewater treatment system shall be installed and maintained in accordance with regulations and standards promulgated by Chapter 202 of the Code of the Town of Canandaigua. The minimum lot area otherwise required shall be increased where necessary to the extent required to provide such on-site wastewater treatment system.
M.
Except for customary farm operations, no lot shall be used for the commercial storage or disposal of solid or liquid waste without the prior approval of the Town Board. Duly approved on-site wastewater treatment systems shall be excepted from this provision. Town Board approval shall be given only upon a finding that the proposed use shall not have a detrimental effect upon surrounding properties and evidence of any required permits necessary from the New York State Departments of Health and/or Environmental Conservation. The Town Board may require the submission of any documents necessary to make the foregoing finding. Consistent with the provisions of Subsection G above, this provision shall not prohibit the storage of animal waste upon any farm.
N.
On-site wastewater treatment systems shall be designed, installed and maintained in accordance with approved plans and the procedures and standards of the New York State Departments of Health and Environmental Conservation and Chapter 202, On-Site Wastewater Treatment Systems.
O.
All construction plans shall include design solutions for each site's
drainage needs. Site grading shall direct water away from buildings
and structures to the natural drainageway or a public storm drainage
system. Where no public storm drainage system exists, site drainage
controls will be required for each development, to maintain surface
runoff to any adjacent site or natural drainageway. The rate of surface
runoff shall be the site's existing rate shown to exist based on accepted
drainage calculation.
P.
Any structure which has been vacant or which has had utility service
disconnected for 12 consecutive months shall not be used for any purpose
without obtaining a new certificate of compliance.
Q.
Amateur radio towers. Amateur radio towers erected or maintained
within any zoning district shall adhere to the following standards:
(1)
The sole purpose of the tower is to support antennas for an FCC-licensed
amateur radio station. Towers erected under this section shall only
be allowed to continue so long as a licensed amateur radio station
continues on the premises.
(2)
An application for an amateur radio tower building permit must be
accompanied by the tower manufacturer's ASME specifications or an
equivalent structural analysis, including a one-hundred-fifty-percent
safety factor design by a licensed professional engineer.
(3)
Amateur radio towers shall only be erected or maintained within the
front yard if it is not possible to effectively communicate on amateur
HF, VHF or UHF bands using a tower located within the rear or side
yards. A written statement from an engineer or other recognized competent
authority, such as the American Radio Relay League, describing the
impracticability of effective communication from a tower located within
the permitted rear or side yards shall be included with any application
to erect a tower within the front yard.
(4)
The base of an amateur radio tower shall be located no closer to
any property line than the minimum setback requirements for accessory
buildings within the district or a distance equivalent to 40% of the
tower height, whichever is greater.
(5)
Supporting structures other than the tower base, tower guys and buried
anchors shall be located no closer to any property line than the minimum
setback requirements for accessory buildings within the district.
(6)
There is no restriction on the location of tower guys and buried
anchors. However, if a guy point or anchor is placed on or nearer
a property line than the accessory building setback, the guy point
must be elevated at least six feet above ground level and constructed
of suitable material.
R.
All dumpsters in a permanent location shall be enclosed and surrounded
by a fenced area with a secured gate in front and landscaping around
the remaining three sides. In no instance shall the dumpster be visible
from along the public way. In addition, the height of the fencing
or landscaping shall be one foot higher than the height of the dumpster.
All dumpsters shall be placed on a durable surface consisting of concrete,
asphalt, or crushed stone. No fence enclosure shall be comprised of
either chain link or plastic strips, and the color of the fence shall
be consistent with the principal building.
S.
Placement of manufactured housing within the Town of Canandaigua.
(1)
The siting of single-wide manufactured homes shall be permitted only
in manufactured home parks within the Town of Canandaigua.
(2)
A single-wide manufactured home sited under the provisions of this
section shall offer no less than 720 square feet of living area, excluding
decks, porches and other structures which are either attached or placed
immediately adjacent to the single-wide manufactured home.
(3)
Double-wide manufactured homes are permitted in all residential zoning
districts, except the Residential Lake District, provided that the
double-wide manufactured home shall offer no less than 1,100 square
feet of living space, excluding decks, porches and other structures
which are either attached or placed immediately adjacent to the double-wide
manufactured home, and further provided that the double-wide shall
be no less than 20 feet wide.
(4)
All double-wide manufactured homes located outside of a manufactured
home park shall be sited on a full perimeter foundation with concrete
or concrete block foundation walls extended below the frost line and
must be affixed to the foundation in accordance with the manufacturer's
specifications.
(5)
All manufactured homes to be sited within the Town of Canandaigua
shall comply with all applicable federal, state and/or local laws
at the time of application.
(6)
A permit must be obtained from the Code Enforcement Officer of the
Town of Canandaigua prior to the siting of any manufactured home within
the Town of Canandaigua.
T.
All single-family dwelling units, except senior living facilities
and single-wide manufactured homes, constructed and/or located within
the Town of Canandaigua shall offer no less than 1,100 square feet
of living area excluding decks, porches, and other structures which
are either attached or placed immediately adjacent to the dwelling
unit, and provided further that the dwelling unit shall be no less
than 20 feet wide. This shall not apply to multiple-family dwellings.
U.
(Reserved)
V.
Driveways.
(1)
No driveway shall be permitted where by its design there results
in surface runoff directly onto the adjacent public highway.
(2)
No driveway shall be permitted where by its design there results an unsafe sight distance as may be determined by the appropriate highway official or the Town Engineer. [See § 220-76A(2) and C(1).]
(3)
A single driveway, providing a single point of access to a public
street, serving a single-family detached dwelling located on a residential
site shall be 10 feet from any side property line. Driveways closer
than 10 feet may be permitted, provided that they are designed as
a shared driveway between two or more residential sites. Where a single-family
dwelling site also involves land being used for agricultural operations,
then a second point of access to a public street may be allowed, but
only for agricultural purposes.
(4)
A single-purpose driveway, providing a single point of access to
a public street, serving a multifamily site, a commercial, industrial,
or mixed-use site shall be 20 feet from any side property line. Driveways
closer than 20 feet may be permitted, provided that they are designed
as a shared driveway between two or more of these types of site.
(5)
Driveways shall not be subject to the front setback requirements
contained elsewhere in this chapter.
W.
Swimming pools.
(1)
General requirements.
(a)
Permit applications for swimming pools shall include a site
drawing showing:
[1]
All existing and proposed structures, including the swimming
pool dimensions and depths.
[2]
The distance of the swimming pool and other proposed structures
from all boundary lines.
[3]
The location of the on-site wastewater treatment system, if
applicable.
[4]
The well location, if applicable.
[5]
Proposed lighting.
[6]
Easements and any other additional information as may be required
by the Town to demonstrate compliance with Town Code and other applicable
laws.
(c)
Swimming pools shall be sited in compliance with the National
Electrical Code and the electric service provider for the site.
(d)
No swimming pool or discharge water shall drain upon the lands
of the adjoining premises.
(e)
Filter pumps and other mechanical devices used in connection
with any swimming pool shall be located in order not to interfere
with the health, safety and enjoyment of the adjoining premises.
(f)
If the use of any private swimming pool shall be abandoned or
permanently discontinued, the owner shall see that the excavated depression
shall be filled in and that no potential hazard exists.
(2)
Dimensional requirements.
[Amended 11-19-2018 by L.L. No. 8-2018]
(a)
Swimming pools shall only be located in the rear and/or side
yard of a lot.
(b)
No swimming pool or associated decks, patios or devices connected
with the installation, maintenance or operation of a swimming pool,
including but not limited to pump and filter enclosures, bathhouses
and cabanas, shall be constructed or erected closer than the setbacks
for accessory structure of the zoning district.
X.
Outdoor furnaces. All outdoor furnaces shall comply with applicable
New York State Department of Environmental Conservation requirements.
Y.
Development in any zoning district shall comply with the applicable
provisions contained elsewhere in Town Code and the Town of Canandaigua
Site Design and Development Criteria.
Z.
Site development permits.
(1)
When no building permit or other Town approval pursuant to this chapter
is required, a site development permit from the Town Development Office
shall be obtained for the following:
(2)
A site development permit shall include information described in § 220-66, Sketch plan requirements, and all other information as may be required by the Town Development Office.
(3)
Site development permit applications shall be made by the landowner
and reviewed by Town staff to determine compliance with Town Code
requirements.
AA.
Oil-and-gas-extraction-related land uses are prohibited anywhere within the Town except as provided in § 220-107, Preexisting nonconformities.
BB.
Within the R-1-20, R-1-30, SCR-1, AR-1, AR-2, and RR-3 zoning districts,
accessory buildings or accessory structures of a nonpermanent nature
(movable and temporary) may be utilized for the sale of seasonal agricultural
products under the following conditions:
[Added 3-16-2020 by L.L.
No. 1-2020]
(1)
The stand shall be outside the public right-of-way.
(2)
Sufficient land area shall be provided to accommodate of-street parking.
In no event shall a stand operation be allowed to continue when parking
along a public street becomes a traffic safety concern in the opinion
of either the Town Highway Superintendent or local law enforcement
officials.
[Added 12-21-2020 by L.L.
No. 5-2020; amended 5-15-2023 by L.L. No. 5-2023]
A.
ADJACENT PROPERTIES
(1)
(2)
APPLICATION
BEDROOM
COMPLETE APPLICATION
OWNER
PERMIT HOLDER
PROPERTY MANAGEMENT COMPANY
PROPERTY or SHORT-TERM RENTAL PROPERTY
SHORT-TERM RENTAL
SLEEPING AREA
TEMPORARY ACCESS EASEMENT
TOWN
USE WITH CRITERIA
Definitions. For purposes of this § 220-9.1, the following words and phrases shall have the definitions and meanings set forth below. If any words or phrases are defined elsewhere in this code, the definitions set forth in this § 220-9.lA shall control for purposes of short-term rentals.
Properties, parcels, lots or units situated near or next to,
adjoining, contiguous or abutting the subject property, whether on
the same side of the road, across the road or behind the subject property;
and
When the subject property is a building consisting of multiple
dwelling units, such as an apartment building, that is a portion of
a building containing multiple units on multiple floors with multiple
units on each floor, this shall mean all units on the same floor as
the subject property and also those units adjoining directly above
or below the subject property.
The application for a short-term rental permit.
See "sleeping area," and to be a valid bedroom, the bedroom
shall have appropriate requirements as defined by the NYS Building
Code.
An application that has satisfied all of the submittal requirements
set forth in this section and otherwise complies with all of the criteria
required for the issuance of a short-term rental permit.
The record titled owner of the residence for which a short-term
rental permit is sought or has been issued. The owner may be a person
or any form of business entity recognized by the State of New York.
If the owner is a form of business entity, the business entity shall
maintain current registration with New York State.
The owner to whom a short-term rental special use permit has been issued through the Zoning Officer by the Planning Board. The Planning Board reserves the right to revoke the special use permit at any time for any reason, including § 220-9.1I.
The owner's agent, including but not limited to a rental
platform, for renting the property, if any.
All such residences or dwelling units used for short-term
rental purposes.
The rental of a dwelling unit for less than 30 days to a
person.
Any room that has a bed, bunk beds, daybed, or other furniture
for sleeping, including, and without limitation, pull-out couch or
futon or any area advertised for sleeping. To be a valid sleeping
area, the sleeping area shall have appropriate requirements as defined
by the NYS Building Code.
An easement granted to the owner to cross over the property
of another when such access is necessary to provide entry to the property
being rented.
Town of Canandaigua, New York.
The land use approval process contained in the Town's
Municipal Code; provided, however, if there are any conflicts, contradictions,
or differences between the process and requirements set out in the
Municipal Code and the process and requirements set out in this section,
the terms and conditions in this section shall control.
B.
Permit. To operate as a short-term rental, the property owner or owner's agent shall file an application with the Town of Canandaigua and be granted a special use permit to operate a short-term rental. The Town Board authorizes the Planning Board to grant a special use permit, in all zoning districts, for the operation of a short-term rental special use without the need for a public hearing. The Planning Board may authorize, through its rules of procedure, a special use permit to be issued by the Zoning Officer when the applicant demonstrates compliance with the requirements for application, § 220-9.1C.
C.
Requirements for application. Short-term rentals may be allowed in
all zones unless otherwise restricted. The following information and
documentation shall accompany the application and be provided to the
Town of Canandaigua:
(1)
Completed application.
(2)
Street address for each unit.
(3)
The name, address, and contact information, including a twenty-four-hour
contact phone number for the person at the property management company
managing the property; or, if there is no property management company,
the name, address and contact information, including a twenty-four-hour
contact phone number for who may be the owner or owner's agent,
and who may be contacted in the event of an emergency.
(4)
A signed acknowledgement on the application that the owner,
property management company, and/or owner's agent, if any, have
read all of the Town's regulations pertaining to the operation
of a short-term rental. The owner shall sign the application certifying
the accuracy of the information submitted and agreeing to comply with
all regulations. If there is a property management company or other
agent of the owner managing the short-term rental, the agent or an
authorized officer of the property management company, or both, shall
also sign the application certifying the accuracy of the information
submitted and agreeing to comply with all regulations.
(5)
A signed acknowledgement by the applicant that the premises
has the following information posted or is in compliance at the property
relating to the following information:
(a)
Smoke detectors, including not less than one working smoke detector
in each sleeping area and one additional smoke detector on each floor.
Carbon monoxide detectors shall be installed as required by the New
York State Uniform Fire Prevention and Building Code.
(b)
Emergency evacuation procedures must be posted in each sleeping
area to be followed in the event of a fire or smoke condition or upon
the activation of a fire- or smoke-detecting or other alarm device.
(c)
Fire extinguishers, including at least one fire extinguisher
on each floor and in the kitchen.
(d)
The house number shall be located both at the end of the driveway
and in the dwelling unit in a visible location where tenants will
notice the address.
(e)
Exterior doors shall be operational and all passageways to exterior
doors shall be clear and unobstructed.
(f)
The property containing the proposed short-term rental must
have a minimum of one off-road parking space for every bedroom shown
on the floor plan included with the application.
(g)
A sign indicating the maximum occupancy authorized by the Zoning
Officer at time of permit. Notice the maximum occupancy for each short-term
rental unit shall not exceed two people per bedroom shown on the applicant's
floor plan. The posted sign shall state "no events are permitted on
the premises resulting in the number of persons on the property greater
than the maximum allowable occupancy of the short-term rental unit
at any time during the short-term rental."
(h)
A sign in the short-term rental unit providing notice to any
tenant that the short-term rental is in a residential area in the
Town of Canandaigua and that renters should be conscious of the residents
in the neighborhood, all renters are subject to New York Penal Law
§ 240.20 or any successor statute regarding disorderly conduct,
littering is illegal, and all fires must be attended complying with
any applicable bum bans or New York State regulations.
(i)
All applicants and permit holders must provide evidence of property
insurance and a certificate of liability insurance indicating the
premises is rated as a short-term rental and maintain such insurance
throughout the term of the short-term rental permit.
(j)
Property must comply with most recent edition of the NYS Property
Maintenance Code.
D.
Effective date of permit. The permit shall be issued by the Zoning
Inspector or Code Enforcement Officer upon receipt of a completed
application as defined in § 220-9.lC, Requirements for application.
E.
Fees. The application fee shall be set by resolution of the Town
Board.
F.
Term of permit. The permit shall be valid for up to three year(s).
(1)
If the permit is not renewed before the expiration date of such
permit, it is considered to be suspended until such time the renewal
process is complete.
(2)
The owner shall amend the application any time there is a change
in circumstances that would require an update to the information submitted
by the owner or property manager.
G.
Operating a short-term rental without a permit. Any person violating the provisions of this chapter by conducting short-term rental(s) without a valid permit shall be in violation of Town Code Chapter 220.
H.
Discovery of an immediate health hazard. Upon the discovery of an
immediate health hazard to renters, the Code Enforcement Officer can
suspend the short-term rental permit until the hazard is remedied.
I.
Grounds for suspension or revocation of permit. Upon evidence of
violation(s) of short term rental usage with this section, the Zoning
Officer shall notify, in writing, the Planning Board. After holding
a public hearing and providing notice of such hearing to the subject
property's owner, the Planning Board may suspend or revoke a
short-term rental special use permit. Suspended short-term rental
special use permits shall be suspended for a period as deemed reasonable
by the Planning Board. Revoked short-term rental special use permits
shall be revoked and ineligible for approval for a period of not less
than one year from the date of revocation. The Planning Board may
suspend a short-term rental special use permit based on any of the
following grounds:
(1)
The permit holder has falsified or failed to provide information
in the application for a permit, application for renewal of a permit,
registration of the property, or registration of property owner.
(2)
The permit holder violated any provision of this section during
the term of the short-term rental permit.
(3)
The permit holder or any tenant violated any provisions of the
Code of the Town of Canandaigua.
(4)
The permit holder or any tenant violated any provision of the
Penal Code of the State of New York, which violation occurred on,
or pursuant to, the occupancy of the short-term rental unit.
(5)
Any conduct on the premises which is unreasonable under the
circumstances and which disturbs the health, safety, peace or comfort
of the neighborhood or which otherwise creates a public nuisance.
(6)
Any conduct on the premises which otherwise is not a permitted
use in the zoning district.
(7)
Any conduct on the premises involving parties or events or loud
noises or when such activities result in two or more complaints from
adjacent property owners relating to such activities.
(8)
Removal or disrepair of any safety devices such as, but not
limited to, smoke and carbon monoxide detectors, fire extinguishers
and egresses.
(9)
The permit holder has failed to provide accommodations and access
to the subject property for inspection, as may be required, by the
Zoning Officer or Code Enforcement Officer of the Town.
(10)
The permit holder or any tenants have exceeded the maximum occupancy
limit of two people per bedroom shown on the floor plan included with
the application.
(11)
The permit holder has allowed for occupancy greater than the
capabilities of the on-site wastewater system, if applicable.
(12)
The permit holder has not provided proof of pumping and satisfactory inspection of the on-site wastewater system, if applicable, by a qualified septic disposal firm within 60 days of request by Code Enforcement; or has violated Town of Canandaigua Code Chapter 202, On-Site Wastewater Treatment Systems.
