A.
The Town of Canandaigua Planning Board is hereby empowered to grant
special use permit approval in accordance with the provisions of Article
16 of the New York State Town Law and the powers reserved to the Town
pursuant to the Municipal Home Rule Law.
B.
Unless as specified herein, the procedure for initial review as well
as renewal of special use permits by the Planning Board shall follow
procedures described in New York State Town Law, Article 16, § 274-b.
C.
The Town Planning Board shall require that all provisions of this article shall be complied with, but where it is deemed appropriate by the Town Planning Board, any of these provisions contained in §§ 220-34 through 220-62.2, inclusive, may be waived by the Planning Board based upon findings as set forth in the public record on said application.[1]
[Amended 2-13-2012 by L.L. No. 1-2012; 12-19-2016 by L.L. No. 10-2016]
[1]
Editor's Note: Former Subsection D, regarding agricultural
operations, which immediately followed, was repealed 3-16-2020 by L.L. No. 1-2020.
A.
Submission requirement. All applications for special use permits
shall include:
B.
Special use permits may be approved by the Town Planning Board only
after it has found that the following standards have been met:
(1)
The proposed special use is consistent with the goals, objectives
and policies of the Town's Comprehensive Plan.
(2)
The proposed use is consistent with the stated intent of the zoning
district in which it occurs.
(3)
The location, size and use of the structures involved with a proposed
special use permit, nature and intensity of the special use permit
operations, size and layout of the site in relation to the proposed
special use are such that it will be compatible with the orderly development
of the zoning district where the special use permit may be allowed.
(4)
As determined by the Code Enforcement Officer, the facilities to
be impacted by the proposed use will comply with the New York State
Uniform Fire Prevention and Building Code.
(5)
The operation of the proposed special use is no more objectionable
to the users of nearby properties, by reason of dust or smoke emission,
noise, odors, fumes, pollution of air or water, including subsurface
waters, unsightliness or similar conditions, than would be the operation
of any permitted use.
(6)
Where applicable, satisfactory provision and arrangement has been
made concerning:
(a)
Ingress and egress to property and proposed structures thereon,
with particular reference to vehicular and pedestrian safety, and
convenience, traffic flow and control, and access in case of fire
or catastrophe.
(b)
Off-street parking and loading areas where required, with particular attention to the items in Subsection B(6)(a) above, and the noise, glare or odor effects of the special permit use on adjoining properties, and properties generally in the district, and the economic impact of the proposed special permit use.
(d)
Utilities, as appropriate, with reference to locations, availability
and compatibility.
(e)
Screening and buffering, with reference to type, dimensions
and character.
(f)
Signs, if any, and proposed exterior lighting with reference
to glare, traffic safety, economic effect and compatibility and harmony
with properties in the district.
(g)
Required yards and other open space.
(h)
General compatibility with adjacent properties and other property
in the zone district.
C.
Additional requirements applicable to specific specially permitted
uses are described elsewhere in this chapter.
D.
No person shall be issued a special use permit for a property on
which there is an existing violation of this chapter.
E.
When site plan and/or other governmental approvals are required,
no site preparation or construction shall commence nor shall existing
structures be removed or occupied for any special permit use until
such approvals have been granted.
F.
The Town Planning Board may impose additional conditions or restrictions
as it may deem necessary prior to approving any special use permit
application in order to protect public health and safety, the quality
of the Town's natural resource base and the value of property.
G.
Expiration and renewal.
(1)
Unless a time limit has been imposed by the Planning Board as a condition
of approval, special use permits for established uses shall remain
in effect for current and future owners and/or operators with no requirement
for renewal, provided the use is in compliance with conditions of
approval and this chapter.
(2)
Specially permitted uses not begun, by way of start of operations
or physical development of the site, within one year of the Planning
Board vote to approve the special use permit, shall expire unless
renewed by the Planning Board.
(3)
Specially permitted uses that have ceased operations for more than
one year shall not be reestablished without approval of a new special
use permit approved by the Planning Board. The Zoning Officer shall
be responsible to document and establish the date that a specially
permitted use ceased operations.
[Amended 2-13-2012 by L.L. No. 1-2012]
(4)
The Planning Board shall grant a request for renewal of a special
use permit unless they have made findings that field conditions on
or around the subject property and/or applicable regulations in existence
at the time of the Planning Board vote to approve have changed significantly
and to such extent that reconsideration of the special use permit
application is warranted.
H.
The Zoning Officer shall make an on-site visit at least once every
three years to each lot for which a special use permit has been granted,
or as may be necessary to insure that the special use permit is being
operated in accordance with the conditions specified by the Planning
Board. If the Zoning Officer determines that a violation of the conditions
imposed by the Town Planning Board exists, a letter of violation shall
be written to the property owner giving 30 days to correct the violation.
The special use permit shall become null and void at the end of said
specified period if the violation has not been corrected. In the event
a special use permit is determined to be null and void, a new special
use permit shall be required to be approved by the Planning Board
prior to the reestablishment of said use.
I.
When required, applications for renewal shall demonstrate that the
specially permitted use continues to be in compliance with conditions
of the previous special use permit approval and this chapter. The
procedure and standards for the renewal of special use permits shall
be the same as for an initial application. The renewal fee shall be
the amount specified in the Town Board Fee Schedule.
B.
The Town Planning Board shall determine the following prior to approving
a special use permit for essential services:
(2)
The proposed installation in a specific location is necessary and
convenient for the efficiency of the essential service or the satisfactory
and convenient provision of service to the area in which the particular
use is located.
(3)
The design of any building in connection with such facility shall
conform to the general character of the area and will not adversely
affect the safe and comfortable enjoyment of property rights in the
district in which it is to be located.
(4)
Adequate and attractive fences and other safety devices will be provided.
(5)
A buffer strip not less than 15 feet in depth shall be provided around
the perimeter of the property.
(6)
Adequate off-street parking shall be provided.
(7)
All other applicable requirements of this chapter shall be met.
The Town Planning Board may approve a special use permit for
motor vehicle service stations and motor vehicle repair stations in
the CC Community Commercial District, provided that the following
standards and conditions are maintained:
A.
In addition to the information required in the special permit application
and enumerated herein, the site plan submitted shall also show the
location and number of fuel tanks to be installed, the dimensions
and capacity of each storage tank, the depth the tanks will be placed
below the ground, number and location of fuel pumps to be installed;
and proof that fuel tanks will be registered and operated in accordance
with applicable state and/or federal laws.
B.
Such uses shall be screened from adjacent uses by a buffer area not
less than 10 feet in depth composed of densely planted evergreen shrubbery,
solid fencing, or a combination of both which, in the opinion of the
Town Planning Board, will be adequate to prevent the transmission
of headlight glare across the district boundary line. The Town Planning
Board shall determine on an individual-case basis how close to the
right-of-way the landscaped buffer shall be required to be installed.
Such buffer screen shall have a minimum height of six feet above the
ground. If said shrubbery becomes decayed and fails to provide an
adequate screen, the Zoning Officer shall direct the property owner
to replace said shrubs.
C.
The entire area of the site traveled by motor vehicles shall be hard
surfaced.
D.
All repairs of motor vehicles, except for minor servicing, shall
be performed in a fully enclosed building. No motor vehicle parts
or partially dismantled motor vehicles shall be stored outside of
an enclosed building.
E.
Motor vehicle service stations may include facilities for the sale
of food, household items and convenience merchandise, provided that
the sale of such items takes place entirely within an enclosed building.
F.
No commercial parking shall be allowed on the premises of a motor
vehicle service station or motor vehicle repair station, except for
a vehicle associated with the service station's operation.
G.
Accessory goods for sale may be displayed on the pump island and
the building island only. The outdoor display of oil cans and/or antifreeze
and similar products may be displayed on the respective island if
provided for in a suitable stand or rack.
H.
No building or structure, including gasoline pump or automotive service
appliances, shall be erected within 100 feet of any street line.
I.
No motor vehicle service station or motor vehicle repair station
may display more than two unregistered vehicles for sale or repair
outside of an enclosed building at any one time.
J.
No motor vehicle service station or motor vehicle repair station
shall have more than two driveways on any public street fronting the
site. The driveway width on any street shall not exceed 1/3 of the
total site frontage on each street.
K.
No driveway shall be closer than 50 feet to the intersection of two
street corner lot lines or within 20 feet of an adjacent lot line.
L.
No motor vehicle service station and no driveway to any such use
(measured along the street line on the side of the street which such
driveway would cross) shall be established within 200 feet of the
boundary line of any residential district, or of any school, church,
park, playground, hospital, public library, institution for dependent
children, or any place of public assembly designed for the simultaneous
use of 100 persons or more, regardless of the district where the subject
premises are located.[1]
[1]
Editor’s Note: Former Subsection M, which provided that
no motor vehicle service station and no outdoor gasoline or oil pump
would be established within 1,000 feet of another motor vehicle service
station or outdoor gasoline or oil pump, and which immediately followed
this subsection, was repealed 12-21-2105 by L.L. No. 6-2015.
The Town Planning Board may approve a special permit for commercial excavation operations in the AR-1 Agricultural Rural Residential District, AR-2 Agricultural Rural Residential District and the RR-3 Rural Residential District, provided that in addition to compliance with the general requirements in § 220-35 of this article, the following standards are maintained:
A.
General land use conditions. The following conditions are imposed
for the purpose of protecting the health and safety of the Town's
residents and preventing a nuisance to persons residing in the vicinity
of the excavation operation, and to that end, they pertain to issues
such as the location of the excavation operation, lot size and access.
(1)
The minimum lot area for any such use shall be 20 acres.
(2)
All buildings and excavation operations shall be located or shall
occur not less than 100 feet from any street or property line. The
setback area shall not be used for any use in conjunction with the
excavation and appurtenant activities except for one business sign
identifying the use of the property, fencing, berms, buffers, access
roads and parking.
(3)
Each tract of land to be granted a permit for excavation must have
only direct access to improved highways, and the applicant must demonstrate
proof of legal right to that access. The junction of the access and
the public road must be at an angle of not more than 10° deviation
from a right angle of 90°. The first 200 feet of access from a
public road shall be improved to meet written specifications provided
by the Town Planning Board to insure its suitability to carry heavy
traffic.
(4)
Operations shall not be detrimental to adjacent property nor unduly
interfere with the quiet enjoyment of adjacent property.
(5)
Permits under this section shall be issued for a period of one year and shall be subject to site inspection and review by the Zoning Officer in compliance with Town Code § 220-35H. If all operations undertaken pursuant to any permit issued hereunder have been conducted in full compliance with the term of such permit, and all provisions of this chapter, such permit may be renewed by the Town Planning Board for a period of one year. At least 10 days before taking any such renewal action, the Town Planning Board shall cause a notice to be published in the official Town newspaper and posted on the Official Sign Board a notice of the proposed renewal and a statement indicating clearly both the property affected and the nature of the operation. All regulations in effect at the time a renewal is granted shall apply to the renewal permit in the same manner as when a new or original permit is issued.
(6)
Prior to taking action on any proposal for a permit under this section,
the Town Planning Board shall request and receive a written report
from the Town Engineer on the adequacy and/or appropriateness of the
proposed excavation.
B.
Operations plan conditions. The following conditions are imposed
for the purpose of protecting the health and safety of the Town's
residents and preventing a nuisance to persons residing in the vicinity
of the excavation operation. In determining whether an applicant has
met these conditions, the Town will review the applicant's New York
State Department of Environmental Conservation (DEC) permit, when
applicable. To the extent that the applicant's DEC permit addresses
the conditions set forth below, the DEC permit conditions shall govern.
To the extent that the applicant's DEC permit does not address the
conditions set forth below, the conditions set forth below shall govern,
and the Town reserves its rights to impose reasonable conditions consistent
with land use planning principles.
(1)
The applicant shall furnish evidence of a valid permit from the New
York State Department of Environmental Conservation pursuant to Title
27, Article 23, of the Environmental Conservation Law, when applicable.
(2)
All applications for a permit under this section must contain an
operations plan in sufficient detail to describe the excavation operation,
including active excavation and storage areas.
(3)
All equipment used for excavations and processing shall be constructed,
maintained and operated in such a manner as to eliminate as far as
is practicable noises and vibrations and dust conditions which are
injurious or a nuisance to persons living in the vicinity.
(4)
All operations shall be conducted between the hours of 7:00 a.m.
and 7:00 p.m., with no Sunday or holiday operations, except in the
case of public or private emergency or whenever any reasonable or
necessary repairs to equipment are required to be made.
(5)
Where any open excavation will have a depth of 10 feet or more and
a slope of more than 30°, there shall be a fence approved as to
design, structure and height by the Town Planning Board, with suitable
gates where necessary, effectively blocking access to the area in
which such excavation is located. Such fence shall be located 50 feet
or more from the edge of the excavation. All operations shall be screened
from nearby residences as required by the Town Planning Board.
(6)
The slope of material in any excavation shall not exceed the normal
angle of repose or 45°, whichever is less.
(7)
All access roads shall be constructed to screen excavation and appurtenant
activities from public view as much as feasible.
(8)
All topsoil and subsoil shall be stripped from the active excavation
area and stockpiled and seeded for use in accordance with the reclamation
plan. The location of topsoil to be stored shall be identified. Such
stockpiles shall be treated to minimize the effects of erosion by
wind or water upon public roads, streams or adjacent property. No
topsoil shall be removed from the site without the express approval
of the Town Planning Board.
(9)
Existing hills, trees and ground cover fronting along public roads
or adjacent property shall be preserved, maintained and supplemented
by selective cutting, transplanting and addition of new trees, shrubs
and other ground cover for the purpose of screening and noise reduction.
If, however, the existing topography and natural vegetation do not
allow an economically feasible supplement plan, the operation can,
if properly landscaped with grass, trees and shrubs, grade back overburden
around the perimeter of the excavation site to create a berm for the
purpose of screening and noise reduction. No berm shall be constructed
within 25 feet of any right-of-way line or other property boundaries.
(10)
Lateral support shall be sufficient to prevent the hazard or
damage to persons, adjacent properties and public roads by reason
of sliding, sinking or collapse.
(11)
All access routes leading to public highways shall be dust-
and mud-free. All precautions such as applying calcium chloride or
watering daily, or more frequently if and when necessary, shall be
taken to prevent dust and sand from being blown from the premises.
(12)
An adequate and comprehensive drainage system shall be provided
to convey the stormwater runoff originating on and crossing the premises
in accordance with the natural direction of runoff for the total watershed
area. No excavation shall be allowed within 50 feet of a natural stream.
Sediment control measures shall be installed to keep sediment damage,
if any, totally within the applicant's property. The Town Planning
Board shall determine whether or not the system and control measures
are adequate and in force prior to approval of original or renewal
permit.
(13)
The application shall include a plan for the control of erosion
and excessive groundwater seepage upon public roads, streams or adjacent
property. The Town Planning Board shall determine whether or not the
controls are adequate and, in force, prior to approval of the original
or renewed permit.
C.
Reclamation conditions. The following conditions are imposed to protect
the health and welfare of the Town's residents by assuring the safe
and productive use of mined lands and protection of aesthetic values
of areas affected by mining through local mined land reclamation standards.
(1)
All land which has been excavated must be reclaimed in accordance
with reclamation plans approved by the Town Planning Board as part
of the site plan review and approval process. Whenever possible, the
Town Planning Board shall encourage excavation operators to reclaim
areas on an ongoing basis as part of the excavation operation. All
reclamation work shall be complete within one year after the termination
of operations, at the expense of the operator. The reclamation plan
shall be prepared by a licensed engineer, landscape architect or surveyor
and provide for at least the following objectives:
(a)
The removal of all buildings and structures used in the operations.
(b)
All excavation must either be made to a water-producing depth,
if permitted by applicable New York State laws, or graded and backfilled,
and piles of waste material must be leveled.
(c)
Excavations made to a water-producing depth shall be properly
sloped to the waterline, with banks sodded or surfaced with soil of
an equal equality to adjacent land area topsoil and shall be planted
with trees, shrubs, legumes or grasses upon the parts of such area
where revegetation is possible.
(d)
Excavations not made to a water-producing depth must be graded
or backfilled with non-noxious, nonflammable, noncombustible solid
material and in a topographic character which will result in a substantial
general conformity to adjacent lands. Such grading or backfilling
and leveled piles of waste materials shall be designed to minimize
erosion and shall be surfaced with a soil equal in quality to that
of adjacent land area and planted with trees, shrubs, legumes or grasses
upon the parts of such areas where revegetation is possible.
(2)
A performance bond or some other financial guarantee shall be required
to assure that the conditions stipulated in the approval of the special
use permit including the restoration of the site and reclamation of
mined land in accordance with the approved site plan are carried out.
(3)
After any such excavation operation, the applicant shall make the
site reusable for a use permitted in the district. Where topsoil is
removed and ultimately replaced, sufficient arable soil shall be respread
over the premises after the operation. The area shall be brought to
final grade by a layer of topsoil one foot in depth or original thickness,
whichever is more capable of supporting vegetation. Fills shall be
of suitable material approved by the Town Engineer.
The Town Planning Board may approve a special use permit for private or commercial airstrips in the AR-1 Agricultural Rural Residential District, the AR-2 Agricultural Rural Residential District, the RR-3 Rural Residential District, the LI Limited Industrial District and the I Industrial District, provided that, in addition to compliance with the general requirements in § 220-35 of this article, the following standards are maintained:
A.
The Town Planning Board shall determine that not more than 25% of
any site proposed for use as a private airstrip, that lies within
an established State Agricultural District or contains prime agricultural
soils as defined by the Ontario County Soil Conservation Service,
will be taken out of production.
B.
An application for the establishment, construction, enlargement or alteration of an airstrip shall include, in addition to requirements for special use permits outlined in § 220-35, the following statements and information:
(1)
Name and address of the proponent.
(2)
Classification of the proposed airport (commercial, noncommercial
or restricted).
(3)
Type of aviation activities proposed (aircraft sales and service,
flight instruction, crop dusting, air taxi, etc.).
(4)
Number of aircraft expected to utilize the airstrip initially and
within five years.
(5)
Type of aircraft expected to utilize the facility.
(6)
Statement as to the anticipated number of daily operations.
(7)
Copy of the airspace clearance granted by the Federal Aviation Administration
for this airport, including USGS topographic map.
(8)
A copy of the New York State Commissioner of Transportation's determination
concerning this airport in accordance with the provisions of § 249
of the New York State General Business Law.
(9)
A site plan to be approved by the Town Planning Board, which includes
the following:
(a)
Scale no smaller than one inch equals 100 feet.
(b)
Location of existing and proposed structures.
(c)
Alignment of existing and/or proposed runways shall be shown
in exact location and magnetic bearing to the nearest 30 minutes.
(d)
Existing and proposed contours at five-foot intervals.
(e)
Location of aircraft parking and tie-down areas.
(f)
Provisions for access and off-street parking.
(g)
Provisions for sanitary waste disposal and water supply, if
applicable.
(h)
Location and method of fuel storage.
(10)
An area map at a scale of not less than one inch equals 500
feet showing:
(a)
Distances from buildings, roads, natural features, power lines
or other possible obstructions within 2,000 feet of the ends of runways
shall be accurately plotted.
(b)
Properties within 1,000 feet of the airport boundary shall be
plotted, owners identified and the location and height of each building
demarcated.
C.
Permits issued for the operation of an airstrip located in the AR-1,
AR-2, RR-3, I, and LI Districts shall be valid for a period of three
years. Said permit may be extended by action of the Planning Board
for successive periods of three years each if the operation conforms
to the initial proposal and the conditions on which the initial special
use permit was issued are unchanged.
D.
The Town Planning Board, in considering a request for a special use
permit or the extension of a permit to operate an airstrip, may impose
any conditions it deems necessary to protect the health, safety and
public welfare of the Town.
The Town Planning Board may approve a special permit for camping grounds operations in the AR-1 Agricultural Rural Residential District, AR-2 Agricultural Rural Residential District, RR-3 Rural Residential District and R-1-30 Residential District, provided that, in addition to compliance with the general requirements in § 220-35 of this article, the following standards and conditions are maintained:
A.
The Town Planning Board shall determine that not more than 25% of
any site proposed for use as a camping ground, that lies within an
established State Agricultural District and contains prime agricultural
soils as defined by the Ontario County Soil Conservation Service,
will be taken out of production.
B.
Camping grounds may be occupied by travel trailers, pickup coaches,
motor homes, camping trailers and recreational vehicles, and tents
suitable for temporary habitation and used for travel, vacation and
recreation purposes. No permanent external appurtenances such as carports,
cabanas or patios may be attached to any travel trailer or other vehicular
accommodation parked in a camping ground, and the removal of wheels
and placement of a unit on a foundation in a camping ground is prohibited.
No travel trailer or recreation vehicle in excess of 38 feet in length
shall be permitted in any camping ground.
C.
The only dwelling units permitted in camping grounds are the owner's or caretaker's dwelling. There shall be no other dwelling units provided of any type. No manufactured home shall be placed at any point within the camping ground property. The only other buildings allowed in the camping ground are recreational buildings, service or office buildings for the camping grounds and accessory structures for uses specified in Subsection N.
D.
Camping grounds shall not be in operation for more than seven months
in any twelve-month period. The seven-month time period shall commence
on May 1 and end November 30 each year. No trailer or other vehicles
shall remain at any campsite or camping grounds when said camp is
not in operation.
E.
The conversion of any campsite building or dwelling to a year-round
dwelling unit or any other use shall be allowed only by a special
use permit issued by the Town Planning Board.
F.
Minimum site area: 25 acres.
G.
Minimum lot sizes: 25 feet by 80 feet for areas to accommodate travel
trailers and campers; and 25 feet by 50 feet for areas to be occupied
exclusively with tents.
H.
Not more than a total of 10 travel trailers, campers, tents, recreational
vehicles or motor homes shall be permitted per acre of gross site
area.
I.
Location and access. A camping ground shall be so located that no
entrance or exit from a site shall discharge traffic into an R-1-20
Residential District nor require movement of traffic from the camping
ground through an R-1-20 Residential District.
J.
A camping ground shall have a minimum of 200 feet of frontage on
a public street.
K.
Prior to receiving a special use permit for the establishment of a camping ground or the expansion of an existing camping ground, the owner shall submit a detailed site plan to the Planning Board for review and approval. Said site plan shall conform to the requirements and specifications set forth herein in Article VIII and shall show the placement of all existing and proposed features, including but not limited to campsites, cabins, parking and recreational areas, accessory structures, streets and driveways, pedestrian walkways, rubbish collection facilities as well as other uses and features specified by the Planning Board.
L.
No cabin, A-frame or similar structure shall be constructed or erected
on the site without a building permit. The construction of all buildings
for human occupancy shall be designed and built to meet the standards
of the New York State Uniform Fire Prevention and Building Code.[1] The issuance of a building permit by the Code Enforcement
Officer shall precede that start of any construction. No structure
shall be occupied for camping or any other purpose without a certificate
of occupancy issued by the Code Enforcement Officer. The Code Enforcement
Officer shall not issue a certificate of occupancy for any structure
without written approval of the New York State Health Department that
the sewage disposal system serving the building has been installed
in accord with appropriate standards and it is functioning properly.
[1]
Editor's Note: See Executive Law § 370 et seq.
M.
Site conditions. Conditions of soil, groundwater level, drainage
and topography shall not create hazards to the property or the health
or safety of the occupants. Natural vegetation shall be retained wherever
possible. The site shall not be exposed to objectionable smoke, noise,
odors or other adverse influences, and no portion of the camping grounds
subject to flooding, subsidence or erosion shall be used for any purpose
which would expose persons or property to hazards.
N.
Accessory uses. Management headquarters, recreational facilities,
toilets, dumping stations, showers, coin-operated laundries and other
uses and structures customarily incidental to the operation of camping
grounds are permitted as accessory uses to the camping grounds. In
addition, retail stores and other convenience establishments shall
be permitted as accessory uses in camping grounds in such districts
where such uses are not allowed as principal uses, subject to the
following restrictions:
(1)
Such establishments and the parking areas primarily related to their
operations shall not occupy more than 5% of the gross area of the
camping ground.
(2)
Such establishments shall be restricted in their use to occupants
of the camping ground.
(3)
Such establishments shall present no visible evidence from any street
outside the camping ground of their commercial character which would
attract customers other than occupants of the camping ground.
O.
Plans for sewage disposal and water supply shall be designed in accordance with standards promulgated by the New York State Departments of Health and Environmental Conservation and Chapter 202 of the Town Code and shall receive approval from all involved agencies.
P.
Q.
Recreation facilities. A minimum of 10% of the gross site area for
the camping ground shall be set aside and developed as common use
areas for open or enclosed recreation facilities. No travel trailer
site, required buffer strip, street right-of-way, storage area or
utility site shall be counted as meeting recreational purposes.
R.
Entrances and exits to camping grounds shall be designed for safe
and convenient movement of traffic into and out of the camping ground
and to minimize friction with movement of traffic on adjacent streets.
All traffic into or out of the camping ground shall be through such
entrances and exits. No entrance or exit shall require a turn at an
acute angle for vehicles moving in the direction intended. Road curbs
shall have a minimum radius of 50 feet and shall be designed for drive-through
campsite parking.
S.
Off-street parking and loading. In connection with use of any camping
ground, no parking, loading or maneuvering incidental to parking or
loading shall be permitted on any public street, sidewalk, or required
buffer or right-of-way, or any public grounds, or on any private grounds
not part of the camping ground, unless the owner has given written
permission for such use. Each camping ground shall provide off-street
parking, loading and maneuvering space, located and scaled so that
the prohibitions above may be observed, and camping ground owners
shall be responsible for violations of these requirements.
T.
An adequate lighting system shall be provided for the camping ground.
Pedestrian walkways shall be provided to lead to all parking areas,
rest rooms or other service buildings.
U.
All utilities shall be underground.
V.
Not less than one covered twenty-gallon garbage receptacle shall
be provided for each campsite. No campsite shall be situated farther
than 100 feet from a garbage receptacle. Garbage and rubbish shall
be collected and disposed of as often as may be necessary to insure
sanitary conditions.
W.
All applicable sanitation standards promulgated by the State of New
York shall be met.
X.
No camp structure, except fences, gates and permitted signs shall
be located within 100 feet of any street or property line.
Y.
Campsites and buildings shall be set back not less than 100 feet
from the lake outlet and 50 feet from the bank of all other creeks.
The provision of family or group family day care as first defined in New York State Social Services Law, § 390(1)(d) and (e), is exempt from the provisions of this chapter. The Town Planning Board may approve a special use permit for public uses, as defined in § 1-17, Definitions, in any zoning district, except the Residential Lake District. Public uses shall comply with the general requirements in § 220-35 of this article. In addition, the following information must be provided for consideration:
A.
Evidence of approval, certificate of need, license or other similar
document required to initiate or expand such a use from any and all
appropriate regulating agencies.
The Town Planning Board may approve a special use permit for temporary uses in all zoning districts except the RLD, provided that, in addition to compliance with the general requirements in § 220-35 of this article, the following standards and provisions are maintained:
A.
As part of the application the applicant shall specify the time period
for the temporary use which shall not exceed 12 months.
B.
In approving an application, the Planning Board shall impose a specific
time limit, not to exceed 12 months, from the date of approval and
any other conditions necessary to ensure the use conforms with the
intent of the subject zoning district, and to protect the health,
safety or general welfare of the public.
[Added 1-28-2013 by L.L. No. 1-2013]
The Town Planning Board may approve a special use permit for commercial outdoor storage of boats and boat accessories in the I Industrial District as a primary use or in addition to an existing primary use. For the purposes of this section, "boat accessories" shall mean boat trailers, docks, and hoists. Commercial outdoor storage of boats and boat accessories shall comply with the following standards and § 220-35 of this article:
A.
All boats and boat accessories to be stored on the site shall be
in good working condition.
B.
Areas to be used for outdoor storage shall be clearly defined by
the applicant.
C.
Outdoor storage areas shall have the same minimum setbacks as are
required for accessory buildings in Schedule I, Zoning Schedule, of
this chapter.[1] This requirement may be waived by the Planning Board.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
D.
Outdoor storage areas shall be in the side and rear yard of the principal
building, where one exists.
E.
Where no principal building exists, the minimum front setback for
outdoor storage areas shall be 60 feet from the street line.
F.
Outdoor storage areas, in combination with all other impervious surfaces,
shall not exceed 70% of the area of the lot.
G.
All outdoor storage areas shall be enclosed, except for necessary
access drives, by buildings and/or fences, walls, embankments or evergreen
trees or other landscaping required by the Planning Board, so as to
substantially screen such areas from view from any street or residential
district. However, the Planning Board may determine that such enclosure
is not necessary where outdoor storage is adjacent to uses of a similar
nature and/or intensity.
H.
The statement of operations required by § 220-35 of this article shall include the provisions and procedures to be followed for ensuring that boats will be properly stored with minimal potential for contamination of the site with fuel, oil, or other substances known to be a hazard to human health and/or the natural environment. This may include requiring storage to occur over a suitably improved or durable surface.
The Town Planning Board may approve a special use permit for kennels in the AR-1 Agricultural Rural Residential District, AR-2 Agricultural Rural Residential District, RR-3 Rural Residential District and R-1-30 Residential District, provided that, in addition to compliance with the general requirements in § 220-35 of this article, the following standards and provisions are maintained:
A.
No site preparation or construction shall commence nor shall existing
structures be occupied until final site plan approval has been granted
by the Planning Board and permits have been issued by all governmental
agencies involved.
B.
The minimum lot area for such uses shall be five acres.
C.
Shelters for animals within kennels shall not be closer than 200
feet to any street or property line.
D.
No outdoor area enclosed by fences for the use of animals shall be
permitted within a front yard. Fenced areas shall be set back not
less than 100 feet from any side or rear property line.
E.
Adequate provisions are made for disposing of animal waste.
F.
All noise and odors shall not become a nuisance to adjacent property
owners.
The Town Planning Board may approve a special permit for a windmill or wind generator in the AR-1 Agricultural Rural Residential District, AR-2 Agricultural Rural Residential District and the RR-3 Rural Residential District, provided that, in addition to compliance with the general requirements in § 220-35 of this article, the following standards and conditions are maintained:
A.
No site preparation or construction shall commence until final site plan approval as required by Town Code § 220-64, Authority; approval required, has been granted by the Planning Board.
B.
Required site plan applications for a windmill or wind generator
shall also show:
(1)
Location of tower on site and tower height, including blades, rotor
diameter and ground clearance.
(2)
All utility lines both above and below ground within a radius equal
to the proposed tower height, including blades.
(3)
Design data, including dimensions for the base and footings of the
proposed tower.
(4)
Design data indicating the basis of design, including dimensional
drawings, installation and operation instructions.
(5)
Certification by a registered professional engineer or manufacturer's
certification that the tower design is sufficient to withstand wind
load requirements for structures.
C.
No windmill, including blades, in any R-1-30 District shall extend
more than 75 feet above the average ground level measured at the base
of the tower.
D.
No more than one windmill or tower shall be permitted as an accessory
use to any property.
E.
No windmill shall be erected in any AR-1 or RR-3 District, or in
any location, where its overall height, including blades, is greater
than the distance from its base to any property line.
F.
Access to the tower shall be limited either by means of a fence six
feet high around the tower base with a locking gate or by limiting
tower-climbing apparatus to no lower than 12 feet from the ground.
G.
No windmill shall be installed in any location along the major axis
of an existing microwave communications link where the operation of
the windmill is likely to produce an unacceptable level of electromagnetic
interference, unless the applicant provides sufficient evidence satisfactory
to the Planning Board indicating the degree of expected interference
and the possible effect on the microwave communications link.
H.
Windmills shall be located or installed in compliance with the guidelines
of the Federal Aviation Regulations with regard to airport approach
zones (15.503) and clearance around VOR and DVOR stations.
I.
All sites proposed for windmills shall have sufficient access to
unimpeded air flow for adequate operation. The Siting Handbook for
Small Wind Energy Conversion Systems, PNL-2521, or other nationally
recognized reference, should be used as a guide in determining the
location of towers.
J.
No windmill shall be installed in a location where the Planning Board
determines the windmill to be detrimental to the general neighborhood
character.
K.
If the windmill is to be interconnected to an electric utility distribution
system, the applicant shall provide evidence of approval of the proposed
interconnect by the local power company.
L.
Towers shall be located in either a rear or side yard. Applicants
seeking a side yard siting shall demonstrate that such a location
is essential to the viability of the proposed investment.
M.
Guy wires and anchors for towers shall not be located closer than
10 feet to any property line and guy wires shall be fenced in for
a height of six feet.
N.
All windmills shall be designed with an automatic shutdown on governing
capability in the event of over-speeding in high winds.
O.
The minimum distance between the ground and any protruding blades
shall not be less than 10 feet as measured at the lowest point of
the arc of the blades.
The Town Planning Board may approve a special use permit for the use of land and buildings for stables for the commercial boarding of horses or riding academies in the AR-1, AR-2 and RR-3 Residential Districts, provided that, in addition to compliance with the general requirements in § 220-35 of this article, the following standards and provisions are maintained:
A.
No site preparation or construction shall commence until final site plan approval, as required by Town Code § 220-64, Authority; approval required, has been granted by the Planning Board.
B.
The permitted use may include any of the following:
(1)
Storage of horse vans for transporting horses as may be accessory
to the principal use.
[Amended 3-16-2020 by L.L. No. 1-2020]
(2)
Sale or rental of horses for use by public by the hour, day, month
or year.
(3)
Rides on horses by the public.
(4)
Rental of horse vans.
(5)
Riding lessons to the public.
C.
The land devoted to this use shall not be less than seven contiguous
acres.
[Amended 3-16-2020 by L.L. No. 1-2020]
D.
One principal single-family dwelling may be located on the land devoted to this use, provided that it complies with the requirements for this chapter. The land area on which the principal single-family dwelling is located (minimum lot size of AR-1 District) shall not be considered as part of the land devoted to this use, as set forth in Subsection C above.
E.
The number of horses that may be boarded and/or trained at such property
shall be at least 10 horses for the first seven acres of land devoted
to this use.
[Amended 3-16-2020 by L.L. No. 1-2020]
F.
The stable shall be located not less than 100 feet from any boundary
line. The storage of manure shall be located on land not less than
200 feet from any boundary line. The Planning Board may require manure
storage areas to be screened and/or buffered from adjacent areas.
G.
Riding rings shall meet the following requirements:
(1)
Any riding ring shall be at least 50 feet from any boundary line.
H.
Accessory buildings, such as barns (not housing horses), sheds and
the like, may be located on the land devoted to this use, provided
that they are set back from the street line and from each side boundary
as set forth in Schedule I[1] and they are not used for the storage of manure.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
I.
Structures on the land devoted to this use (not including the principal
dwelling) shall not in the aggregate cover more than 5% of the area
of the land devoted to this use.
J.
No structure shall exceed 35 feet in height.
K.
Suitable and adequate off-street parking shall be provided in accordance
with the requirements established by the Town Planning Board.
L.
Exterior lighting shall be permitted only to the extent necessary
to prevent injury to the public and shall be so installed and arranged
as to reflect light away from the adjoining streets and prevent any
nuisance to adjoining property.
M.
Any loudspeakers shall be installed or used on the premises in a
manner to minimize potential nuisances to adjacent properties.
[Amended 3-16-2020 by L.L. No. 1-2020]
The Town Planning Board may approve a special use permit for produce markets, farm and craft markets and antique shops, provided that the general conditions of § 220-35 are met and that the following standards are met with respect to sales in outdoor areas or the display of goods for sale other than within a building:
A.
The specific area designated for the outside display of goods for
sale must be delineated on a site plan approved by the Planning Board,
and no goods may be displayed for sale outside the designated area.
B.
The specific area designated for the outside display of goods for
sale may not be located any nearer to any property line than would
be a building for the display of goods for sale, and all site lighting
associated with the outside display shall be directed away from adjacent
property.
C.
Goods for sale may only be displayed within the designated area for
a period not exceeding 48 hours within any calendar week and shall
not be stored in a vehicle parked on the site when goods are not on
display.
D.
The Planning Board shall impose such additional conditions as it
finds necessary to ensure an appropriate balance of outdoor and indoor
display of goods for sale.
E.
The provisions
in this section shall not apply to any generally accepted farm operation
or practice within an established Ontario County Agricultural District.
[Added 3-16-2020 by L.L. No. 1-2020]
The Town Planning Board may approve the commercial indoor storage of motor vehicles, recreational vehicles and/or boats within the AR-1, RR-3, R-1-30, AR-2 and SCR-1 Districts, provided that, in addition to compliance with the general requirements in § 220-35 of this article, the following standards are maintained:
A.
Such storage may only be conducted within a totally enclosed building
and not within an open shed or three-sided structure.
B.
Such storage may only be conducted within existing buildings completed
on or before the effective date of this provision.
C.
Motor vehicles, recreational vehicles and/or boats stored shall not
be visible from any public road.
D.
There shall be no outdoor or outside storage on the premises whatsoever
of parts, supplies or equipment accessory to such motor vehicles,
recreational vehicles or boats.
E.
There shall be no repair, sales, dismantling, maintenance or refurbishing
whatsoever of the motor vehicles, recreational vehicles and/or boats
stored on the premises pursuant to the special permit approved under
this section.
F.
Other than fuels, lubricants and coolants within reservoirs designated
for their storage within the stored motor vehicles, recreational vehicles
and/or boats, there shall be no hazardous materials stored within
a building used for this purpose.
[Added 8-12-2013 by L.L. No. 8-2013]
Within the Limited Industrial and Industrial Districts, the Town Planning Board may approve a special use permit for an accessory commercial use, provided that, in addition to compliance with the general requirements in § 220-35 of this article, the following standards and provisions are met:
A.
The proposed use is on a lot where the existing principal permitted
use is industrial.
B.
The proposed use does not involve new development.
C.
No restaurants are allowed.
D.
The proposed use occupies no more than 5,000 square feet of building
floor area.
E.
The proposed use and all other commercial uses on the site, taken
as a whole, are subordinate to and compatible with the primary industrial
use of the site in terms of square feet used, overall scale, and intensity.
F.
The use will not impair future industrial use and development of
the subject lot or adjacent lots zoned for industrial use.
G.
Proposed parking is sufficient to meet the needs of the proposed
use as well as all existing uses as demonstrated by an enumerated
inventory of available parking compared to an estimated number of
needed parking spaces.
H.
Bulk density requirements for accessory commercial uses shall be
the same as that required for accessory structures for the principal
permitted use.
I.
If the primary industrial use ceases operation, physical expansion
of commercial uses operating under a special use permit for an accessory
commercial use granted under this article shall require an area variance
from the Zoning Board of Appeals.
The Town Planning Board may approve a special use permit for amateur radio towers permitted in § 220-9 which are greater than 30 feet in height above ground level, provided that, in addition to compliance with the general requirements in § 220-35 of this article, the following standards and conditions are maintained:
A.
In the event of a change of use of the structure, either a new special
use permit must be obtained or the structure must be dismantled and
removed.
B.
Commercially manufactured structures are to be installed in accordance
with manufacturer's specifications and installation instructions.
A copy of the manufacturer's specifications and installation instructions
must be furnished with the permit application. The Code Enforcement
Officer will inspect the installation, as appropriate, during construction
and upon completion to ensure compliance with said manufacturer's
specifications instructions. The Code Enforcement Officer may approve
deviations in use of materials or methods, provided that such deviation
does not reduce the safety of any involved structure(s).
C.
Nonmanufactured units are to be of sound design and construction
quality and practice as determined by the Town Development Office.
Sketches, drawings, and materials specifications and details as required
by the Planning Board to ensure safety compliance will be submitted
with or subsequent to the permit application. In the event there is
substantive question by the Planning Board of the material or design
safety of the proposed structure and with the concurrence of the applicant
and at the applicant's expense, or at the applicant's request and
expense, the Planning Board will refer the design and material specifications
to the Town Engineer or other appropriate professional engineer for
evaluation and opinion. In the event of referral to an engineer, the
engineer's determination(s) regarding safety of design and/or materials
will be final. In no event will a permit be issued for erection of
a structure where the design or material were determined to be unsafe
by the Planning Board or, if referred to the Town Engineer or a professional
engineer by the Planning Board, the engineer.
D.
The base placement of the tower or mast or pole must conform to normal
property line setback requirements for utility structures for the
district in which it is erected. If the structure is guyed to ground
anchor points, the guy ground anchor points should conform to setback
requirements for utility structures within the district. If necessary
to place one or more guy points on or nearer to property lines than
the utility setback requirement for any reason, in lieu of a variance,
those guy points may be elevated at least six feet above the ground
level, provided the structurally adequate material utilized for elevation
purposes does not exceed four inches in diameter.
E.
No provision of this or any other part of Chapter 220 shall operate, except for substantive reasons of public health, welfare or safety, duly established and recorded, to deny a special use and construction permit under this section for towers, masts or poles of up to 70 feet in height to anyone possessing a valid Federal Communications Commission amateur radio service station or operator license, provided that a copy of such license accompanies the permit application.
F.
In considering applications for structures exceeding 70 feet in height,
special consideration must be accorded those licensed in the Amateur
Radio Service by the Federal Communications Commission. Structure
height consistent with conducting effective communications is the
objective to be achieved. In establishing the permitted height, the
Planning Board must consider geography, topology, end-to-end communications
points and such technical information regarding radio signal propagation
as may be obtained from the applicant, the American Radio Relay League
(Newington, Connecticut), the Electronic Industries Association, the
Institute of Electrical and Electronic Engineers, and information
obtainable from the Federal Communications Commission or other subject
matter experts as may be engaged by the Planning Board from time to
time. It is the responsibility of the applicant to supply appropriate
data and information to the Planning Board to substantiate and justify
the structure height requested.
The Town Planning Board may approve a special use permit for a research, engineering or light manufacturing use described as specially permitted in Article V, provided that, in addition to compliance with the general requirements in § 220-35 of this article, the following standards are satisfied and maintained:
A.
No land, building, or premises may be used in any way which will
cause or result in:
(1)
Dissemination of dust, smoke, observable gas or fumes, odor, noise,
vibrations, excessive light beyond the immediate site of the building
or buildings in which such use is conducted;
(2)
Menace to neighboring properties by reason of fire, explosion, or
other physical hazard, including radiation;
(3)
Harmful discharge of waste materials, including refuse and airborne
or waterborne wastes; or
(4)
Unusual traffic hazards or congestion.
B.
There shall be no outside parking of machinery or equipment, except
during business hours.
C.
There shall be no outside storage of material, raw, processed or
partially processed, in bulk or packages. There shall be no outside
stock piles or storage racks.
D.
All equipment for the handling of material and processes shall be
enclosed in a suitable building. Equipment as used in this section
includes, but is not limited to, conveyors, elevators, storage silos,
hoppers, storage tanks and unloading docks.
E.
All waste, scrap, refuse, empty containers, drums, bottles and cartons
shall be stored in suitable closed containers.
F.
Notwithstanding any other provisions, side and rear setbacks adjacent
to any residential district shall be a minimum of 75 feet, of which
20 feet thereof shall be used to create a screened buffer zone. Such
screening shall not be less than four feet in height and may be accomplished
by deciduous and/or evergreen plantings or by a fence of acceptable
design. All such buffers and screenings shall be properly maintained
by the owner or owners of the screened industrial property.
The Town Planning Board may approve a special use permit for an adult use and entertainment establishment as first provided for in § 220-30 of the Town Code, provided that, in addition to compliance with the general requirements in § 220-35 of this article, the following standards are maintained:
A.
All adult uses shall be conducted in an enclosed building.
B.
Regardless of the building location or distance, no one who is passing
by an enclosed building having a use governed by the provisions of
this chapter shall be able to visually see any specified anatomical
area or any specified sexual activity by virtue of any display which
depicts or shows said area or activity. This requirement shall apply
to any display, decoration, sign, window or other opening.
C.
No building shall be painted in garish colors or such other fashion
as will effectuate the same purpose as a sign without the Planning
Board's approval.
D.
No loudspeakers or sound equipment shall be used as part of an adult
use entertainment establishment that can be discerned by the public
from public and/or semipublic areas.
E.
Parking of registered vehicles on the site shall be permitted only
during the hours of operation. No dwelling unit shall be allowed as
part of any adult use or entertainment establishment.
[1]
Editor's Note: Former § 220-56, Keeping of horses
in R-1-30 and SCR-1 Districts, was repealed 3-16-2020 by L.L. No. 1-2020.
[Added 3-16-2020 by L.L.
No. 1-2020]
The Town Planning Board may approve a special use permit for the use of land and buildings for keeping of livestock in the AR-1, AR-2, and RR-3 Residential Districts, provided that, in addition to compliance with the general requirements contained in § 220-35, the following standards and provisions are met and maintained:
A.
Subject parcel meets dimension requirements of the zoning district.
B.
Planning Board approves a statement of operations that includes:
(1)
Number and type of each livestock.
(2)
Hours of operation.
(3)
How livestock excrement will be handled to be no more objectionable
to the users of nearby properties, by reason of odors, fumes, pollution
of air or water, including subsurface waters, unsightliness or similar
conditions than would be the operation of any permitted use.
(4)
Fencing, setbacks, and buffers.
C.
Sketch plan showing location of agricultural buildings to house livestock
and showing how such building minimizes impact to nearby properties.
D.
Application for special use will be forwarded for comments to the
Town of Canandaigua Agricultural Enhancement Board.
E.
The provisions in this section shall not apply to any generally accepted
farm operation or practice within an established Ontario County Agricultural
District.
[Added 3-16-2020 by L.L.
No. 1-2020]
The Town Planning Board may approve a special use permit for the use of land for the sale of seasonal agricultural products provided that, in addition to compliance with the general requirements contained in § 220-35, the following standards and provisions are met and maintained:
A.
Accessory buildings or structures utilized must be movable and temporary.
B.
The stand shall be set back outside of the public right-of-way.
C.
Sufficient land area shall be provided to accommodate off-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 Highway Superintendent or local law enforcement
officials.
D.
The provisions in this section shall not apply to any generally accepted
farm operation or practice within an established Ontario County Agricultural
District.
The Town Planning Board may approve a special permit for small commercial establishments in the AR-1 Agricultural Rural Residential District, AR-2 Agricultural Rural Residential District and the RR-3 Rural Residential District, provided that, in addition to compliance with the general requirements in § 220-35 of this article, the following standards and conditions are maintained:
A.
Building area shall not exceed 5,000 gross square feet (GSF), maximum
building footprint of 2,500 square feet; maximum height shall not
exceed two stories.
B.
Parking at side or rear only; there shall be no front yard parking.
C.
Landscape, screening and buffers shall be designed to visually separate
small commercial establishments, including parking areas, and adjacent
residential land uses.
D.
Lighting shall be designed to shield glare (or light trespass) to adjacent streets, properties and sky. Light sources (i.e., bulb) shall not be visible from any angle. (See § 220-77, Lighting standards and regulations.)
F.
Hours of operation shall be limited to preserve the quality of life
of nearby residential uses.
A.
Intent. The intent of this section is to allow for the placement
of farm labor housing on active farms located within an established
Ontario County Agricultural District, within the RR-3, AR-1 and AR-2
Districts, for the express purpose of providing low-cost housing alternatives
for bona fide full-time farm labor employees of an agricultural operation.
B.
Limitations. No portion of this section shall be construed as to
permit the placement of manufactured housing on lands not included
in an established Ontario County Agricultural District, or on lands
which are not established as an active commercial agricultural operation,
defined as a full-time farm with gross annual agricultural income
sales in excess of $50,000, or to provide housing for individuals
not in the direct employ of the commercial agricultural operation
on which the manufactured housing is proposed to be placed. No permit
issued in conformance with the conditions and requirements contained
herein shall be valid for a period of greater than the effective period
for which the land continues to be located within an Ontario County
certified agricultural district. Upon the renewal of an Agricultural
District by the County and certification by the Commissioner of the
State Department of Agriculture and Markets, an application for renewal
of a special use permit for farm labor housing shall be required.
C.
Conditions.
(1)
Placement of farm labor housing by special use permit shall be restricted
to farm lands located within an established Ontario County Agricultural
District which are located within the RR-3, AR-1 or AR-2 District.
(2)
Placement of a farm labor dwelling unit shall be by special use permit
restricted to full-time employees, who are not an owner or partner
of the farm operation, and their families.
(3)
Placement of farm labor housing shall be permitted only on lands
directly associated with full-time commercial agricultural operations
with $50,000 in gross sales annually.
(4)
Placement of a farm labor dwelling unit may be permitted within an
accessory structure located in the rear yard portion of the lot. Said
dwelling unit may be either located within an existing farm building
or a manufactured dwelling unit used exclusively for farm labor employees.
(5)
In addition to the conditions set forth in § 220-35 of this chapter, the following information will be required to be submitted with the application for special use permit:
(a)
Financial statements, either CPA certified or in the form of
previous year New York State income tax returns, providing evidence
of an active commercial agricultural operation as defined above.
(b)
Copies of employment information for at least one of the proposed
resident(s) of the manufactured housing, including proof of employment
in the form of proof of payment of social security and workers' compensation
contributions by the commercial agricultural operation and copy (copies)
of filed I-9 employment eligibility verification forms. For the purposes
of this section, an "employee" is defined as an individual working
a minimum of 40 hours per week for a minimum of 26 weeks of each calendar
year. In cases where manufactured housing is to be placed on a site
prior to the hiring of an employee, then the applicant shall have
no more than 30 days to provide the documentation provided for in
this section from the day the manufactured housing is placed on the
site.
(6)
Setbacks for the proposed farm labor manufactured housing dwelling
unit shall be consistent with those of the respective zoning district,
except for the front setback. Front setbacks shall be no less than
60 feet or equivalent to the front setback of the principal structure
on the site, whichever is greater. Additionally, no farm labor manufactured
housing dwelling unit shall be more than 200 feet from the primary
residential structure of the agricultural operation. Where no primary
residential structure exists appurtenant to the agricultural operation,
then the farm labor manufactured housing dwelling unit shall be no
more than 200 feet from the largest structure, as measured by its
area of footprint, associated with said agricultural operation. In
no event shall a farm labor manufactured housing dwelling unit be
allowed on a parcel of land that does not have an agricultural building
used as part of the established farm operation.
(7)
The applicant must provide documentation of potable water supply
and adequate wastewater disposal and/or treatment systems for the
proposed manufactured housing or the farm labor dwelling unit.
(8)
All farm labor manufactured housing dwelling units shall be adequately
anchored and have installed on all sides skirting which shall conceal
all frames, piers or other nonfoundation supports.
(9)
Where more than two farm labor dwelling units are proposed on a single
parcel of active farmland, the applicant shall prepare a site plan
as provided for elsewhere in this chapter.
D.
Renewal. Any special use permit issued pursuant to this section for
a farm labor dwelling unit shall be granted for a maximum period which
shall coincide with the effective dates for the land remaining as
part of a certified agricultural operation within an established Ontario
County Agricultural District as certified by the State Commissioner
of Agriculture and Markets. Upon renewal and certification of said
Agricultural District, each special use permit shall be subject to
review and renewal for a period of time not to exceed the effective
dates of the continued Agricultural District.
E.
Removal.
(1)
Upon an approved farm labor dwelling unit being vacated for a period
of two years or more, said dwelling unit shall be required to be completely
removed from the subject property.
(2)
Should a parcel of land not continue to be a part of an Ontario County
Agricultural District, then the special use permit shall automatically
expire. The Town shall provide written notice to the property owner
of the effective date of the expiration of said special use permit.
Then the previously approved farm labor dwelling unit shall be required
to be removed within 30 days of said permit expiration.
A.
It is the intent of this section to allow a variety of major home
occupation pursuits as specially permitted uses in residential districts
while recognizing the substantial governmental goal of preserving
and maintaining the residential atmosphere, appearance and character
of residential districts. It is recognized that while home occupation
pursuits are specially permitted under the conditions provided for
in this section, it is the primary purpose of this section to preserve
and maintain the residential atmosphere, appearance and character
of residential districts. It is the stated intent that the special
permitted home occupation use will always be second and subordinate
to the principal residential use of the premises and that the major
home occupation will not harm other residential uses of the property
or adversely affect neighboring premises. Under no circumstance shall
a special permitted major home occupation become so extensive that
it predominates the principal permitted residential use of the premises.
It is further the intent of this section to establish specific performance
standards and controls to limit major home occupations so as to minimize
the adverse impacts a home occupation could have on a neighborhood
or district and to assure that it does not become the predominant
use of the property. Finally, it is the intent of this section to
exclude family or group family day care as first defined in New York
State Social Services Law, § 390(1)(d) and (e), which are
exempt from the provisions of this chapter, from having to comply
with these regulations.
B.
A major home occupation, as defined in Chapter 1, Article II, of the Town Code, shall first require the issuance of a special use permit by the Planning Board. The Planning Board may condition or restrict the special use permit for a major home occupation if, in the Board's judgment, such restriction is required to minimize the impact of the use upon the neighborhood or district. No special use permit shall be issued unless the Planning Board makes a finding that, in addition to compliance with the general requirements in § 220-35 of this article, all of the following criteria have been met:
(1)
The property is in full compliance with the provisions of the Town
Code.
(2)
The major home occupation is determined to be clearly subordinate
to the permitted principal residential use of the premises.
(3)
No other major home occupation is conducted upon the premises.
(4)
The special use permit must be issued to the owner of the premises
who is an actual resident of the premises.
(5)
No more than two employees, whether full-time or part-time and whether
paid or unpaid, who are not residents of the premises shall be permitted.
(6)
The major home occupation must be carried on within an existing or
proposed building on the premises. A major home occupation located
within the principal dwelling unit may not exceed 25% of the total
gross floor area, or 500 square feet of the principal dwelling unit.
Home occupations in excess of 15% of the floor area of the primary
structure may be required to meet commercial occupancy requirements
as established in the New York State Uniform Fire Prevention and Building
Code.[1] A major home occupation may not be located in both a portion
of the principal dwelling unit and a portion of an accessory structure
located on the premises.
[1]
Editor's Note: See Executive Law § 370 et seq.
(7)
No site preparation or construction shall commence until final site plan approval as required by Town Code § 220-64, Authority; approval required, has been granted by the Planning Board.
(8)
The major home occupation must be fairly transparent and unobtrusive.
The standard "fairly transparent and unobtrusive" requires that the
nonresidential character of the home occupation shall not be apparent
to the Planning Board. The Planning Board shall consider the following
standards when making this determination:
(a)
Noise. The Board must find that the noise produced by the major
home occupation is not likely to create any potentially significant
adverse impact upon the adjacent neighborhood and that the type of
noise and times of day of noise generation are not inconsistent with
the primary residential use of the premises and the adjacent neighborhood.
(b)
Pedestrian traffic. The Board must find that the major home
occupation is not likely to produce more pedestrian traffic to and
from said premises than would exist in the case of a residence without
a major home occupation and that the timing of such traffic is not
inconsistent with traffic likely to be generated by the primary residential
use.
(c)
Vehicular traffic. The Board must find that the major home occupation
is not likely to produce significantly more vehicular traffic to and
from said premises than would exist in the case of a residence without
a major home occupation and that timing of such traffic is not inconsistent
with the primary residential use.
(d)
Parking. The Board must find that the major home occupation
does not create a need for more than three additional off-street parking
spaces. In addition, such off-street parking spaces shall not be provided
on the lot in such a manner as to create the backing of vehicles onto
a public highway. Furthermore, such off-street parking spaces shall
be adequately landscaped so as to provide a visual buffer between
the parking spaces and adjacent properties or public rights-of-way.
(e)
Lighting. The Board must find that the major home occupation
does not create light trespass onto adjacent properties or public
rights-of-way which would be inconsistent with the Town's lighting
standards.
(f)
Aesthetics. If any change is proposed to the exterior of the
building, the Board must find that the change will not materially
alter a characteristic architectural feature of the building, such
as fascia, window style or roofline.
(g)
Trash. The Board must find that the major home occupation does
not create additional waste products that are not properly contained
within receptacles normally associated with the principal residential
use of the premises. Where there is found to be additional waste products
associated with a major home occupation that cannot be stored within
such receptacles, then there must be provision for adequately securing
such waste products within a screened and landscaped facility. Such
a facility should be located behind the principal dwelling unit, or
behind the accessory structure used for the major home occupation
and must be effectively screened from adjacent properties and the
public right-of-way.
(h)
Exterior display. The Board must find that the major home occupation
does not involve the exterior display or storage of goods, materials,
equipment or inventory.
(10)
In applying the above criteria, the Planning Board may consider
the following:
(a)
The size of the lot (i.e., acreage, lot width and depth, shape,
etc.);
(b)
The size and/or number of vehicles (including machinery) used
in connection with such major home occupation;
(c)
The density and/or character of the neighborhood and the proximity
of neighboring properties and residences;
(d)
The necessity for screening and/or buffering of the major home
occupation from adjacent properties or public rights-of-way; and
(e)
The size and type of highway (i.e., state, county, Town) upon
which such major home occupation is located.
C.
Revocation of home occupation permits. A major home occupation permit
shall be deemed revoked upon the occurrence of any of the following:
(1)
A subsequent home occupation permit is issued.
(2)
There is a substantial change in the nature of the home occupation.
(3)
The home occupation is not commenced within six months of the issuance
of a permit.
(4)
The home occupation ceases operation or is discontinued for a period
of one year for any reason.
D.
Application. Each application for a major home occupation permit
shall be:
(1)
On a form provided by the Town Development Office which has first
been approved by the Town Board;
(2)
Accompanied by a complete site plan, drawn to scale, showing the
location of all buildings or structures on the premises and the area
where the proposed home occupation will be conducted; and
(3)
Accompanied by an application fee, in the amount established by the
Canandaigua Town Board, prior to the issuance of the permit.
A.
The Planning Board may approve a special use permit and a site plan for a personal wireless communications facility to be erected and maintained only on a parcel of land located in the RR-3, AR-2 and AR-1 Residential Districts, the CC Community Commercial District, the LI Limited Industrial District and the I Industrial District, provided that, in addition to compliance with the general requirements in § 220-35 of this article, the following standards and provisions are complied with:
(1)
Approvals required for personal wireless telecommunications facilities.
(a)
Telecommunications facilities comprised of co-located antennas
(and accessory structures) shall be permitted on an existing tower
or structure in any of the zoning districts listed above, upon the
approval of a site plan by the Planning Board. Where co-location antennas
exist, the period of approval for the co-located antenna shall be
five years or the authorized franchise period remaining on the permit
from the Federal Communications Commission.
(b)
Telecommunications facilities requiring construction of a new
tower shall require the following permits and/or approvals:
(2)
The minimum lot size shall be four acres.
(3)
Not more than one tower shall be permitted on any parcel of land.
(4)
The minimum setback for each communications tower from any property
line shall be the height of the tower to be erected plus 20 feet.
(5)
No tower shall exceed 200 feet above finished grade without evidence
that an additional tower located within the cell area will not provide
adequate coverage to at least 90% of the population within said cell.
(6)
No tower shall be erected on top of any drumlin area, on actively
farmed land, within a federal or state freshwater wetland or on a
slope greater than 15%.
(7)
Any cutting of trees which exceed four inches in diameter, measured
at a height of four feet above ground, to provide for the placement
of a tower shall first be approved by the Planning Board, as part
of any preliminary site plan application. Clear-cutting of trees beyond
what is deemed necessary by the Planning Board to install and maintain
the tower shall be prohibited.
(8)
The tower shall be designed to withstand a sustained wind or 90 miles
per hour with a one-half-inch ice load.
(9)
A minimum radius of 2,000 feet must be maintained between any proposed
tower and any existing tower, whether located in the Town of Canandaigua
or in an adjacent municipality.
(10)
All towers shall be enclosed by a fence not less than eight
feet in height above ground level with adequate security measures
along the top of the fencing to deter vandalism.
(11)
No tower shall contain any signage except that identifying a
health, safety or general welfare message, including but not limited
to the owner of the tower, an emergency telephone number and tower
site identification (i.e., number) and address.
(12)
Any person proposing to erect or alter a structure that may
affect navigable air space must notify the Federal Aviation Administration
(FAA) of the construction before it begins. Notice is required if
the construction or modification would be more than 200 feet above
ground level and, in other circumstances, within 20,000 feet of instrument
equipped public airports, or, in other circumstances, within 10,000
feet of airports with shorter runways. The FAA requires 30 days' notice
prior to construction of a tower, construction that may cause electromagnetic
interference or that may cause transmitted signals to be reflected
upon ground-based or airborne air navigation or communications equipment.
Upon review of the proposed construction or modification, the FAA
may order an aeronautical study and will ultimately determine whether
the construction or modification represents a hazard to air navigation.
Obstructions to air navigation may be subject to FAA standards on
location, marking and lighting.
(13)
No tower or accessory structure shall be illuminated unless
required by the Federal Aviation Administration (FAA) or elsewhere
Mercy Flight Central deems it to be appropriate to identify towers
for air-ambulance flights. In the instance where Mercy Flight deems
lighting to be warranted, one L 810 double-obstruction light shall
be provided.
(14)
The tower, all attachments, antennas and accessory equipment
and structures shall either be a galvanized finish or painted gray
above the surrounding tree line and painted gray, green, black or
similar color at or below the tree line and designed to blend into
the natural surroundings below the surrounding tree line unless other
colors are mandated by the FAA for the tower.
(15)
All tower guys shall be designed to provide ice shattering to
prevent damage to preforms at guy cable terminus.
(16)
Each personal wireless telecommunications facility base and
accessory structure(s) shall be adequately screened from any adjacent
public right-of-way. To accomplish this screening, at least one row
of native evergreen shrubs or other screening acceptable to the Planning
Board which is capable of forming a continuous hedge at least 10 feet
in height, within two years of planting shall be required and maintained.
(17)
All utility connections shall, to the greatest extent practical,
be buried. This requirement may be waived, in whole or in part, by
the Planning Board, if, in its opinion, such underground facilities
would be impractical due to natural conditions.
(18)
The applicant shall comply with Federal Communications Commission
(FCC) regulations. Any determinations by the FCC that radio emissions
exceed permitted FCC standards shall immediately terminate the special
use permit.
(19)
Unless specified elsewhere in these regulations, a special use
permit for the erection and maintenance of a communications tower
shall be for a maximum of two years. Such special use permit shall
be considered for renewal based upon the terms and conditions imposed
with the original permit. Where compliance has been shown, the Planning
Board may issue a special use permit for an additional two-year period.
(20)
In the event that a communications tower is no longer used for
the purpose specified in the application or the communications facility
ceases operation for a period of 90 days, such tower, structures or
facilities shall be dismantled and removed from the site within 120
days if found to be in a safe condition. In the event that the Code
Enforcement Officer finds the tower not to be in a safe condition,
written notice to this effect shall be given to the applicant and
to the owner of the property directing removal of said tower within
30 days of receipt of written notice. The applicant and/or the property
owner shall be required to restore the site to the condition then
existing on the approval date of the initial special use permit, absent
grading and plantings required above herein.
(21)
The applicant shall provide an automatically renewing security
bond to the Town of Canandaigua which shall be in an amount adequate
to guarantee that the tower and related site improvements are built,
maintained and removed in accordance with the conditions imposed by
the Town of Canandaigua and the special use permit. Said security
bond shall be in a form and of a sufficient amount which is subject
to approval of the Town Attorney. The Town Attorney shall establish
an amount of security upon consultation with the Town Engineer.
(22)
All facilities shall have a backup source of power suitable
for sustaining uninterrupted service to the public during periods
of power outages. The Planning Board shall require either a power
generator or battery pack source of energy capable of sustaining 24
hours of service.
(23)
All facilities shall allow shared use of emergency communications
equipment, at no charge, provided that the equipment and antennas
to be added to the tower do not interfere with the existing equipment
or overload the design for the tower.
(24)
Each tower constructed shall be designed to accommodate up to
three telecommunications providers.
(25)
Access to towers and facilities shall be from access points
established as part of site plan approval.
(26)
Accessory equipment may be located within an existing building
or in a newly constructed building when limited to 400 square feet
in gross floor area. Where co-location of antennas occurs, each separate
provider shall be entitled to one building of up to 400 square feet
in area.
(27)
Each application for a special use permit or site plan approval
for a personal wireless telecommunications facility shall be accompanied
by a plan which shall reference all existing personal wireless telecommunications
facilities in the applicant's Town of Canandaigua inventory, any such
facilities in the abutting Towns which provide service to areas within
the Town of Canandaigua, any changes proposed within the following
twenty-four-month period, including plans for new locations and the
discontinuance or relocation of existing personal wireless telecommunications
facilities.
B.
Additional prerequisite which the Planning Board shall consider prior
to taking action to issue a special use permit for personal wireless
telecommunications facilities: a report from a professional engineer
which shall:
(1)
Describe the need in the Town for the proposed structure, its installation
and use.
(2)
Describe the appropriateness of the proposed site, including factors
such as the following:
(a)
Availability of alternative, less intrusive sites or opportunities
for co-location.
(b)
Physical features and the general character, present and probably
future use and density of development in the neighborhood.
(c)
Distance from existing and planned residential development and
public rights-of-way.
(d)
Suitability and adaptability of the site for the proposed structure,
considering, for example, the topography, natural buffers, screening
and fencing.
(e)
Size of the site chosen for the proposed facilities, keeping
in mind a parcel with an unoccupied area of sufficient size so that
all portions of the site could accommodate a toppled tower.
(f)
Noise, glare, vibration, electrical disturbance or other objectionable
consequences of the proposed installation.
(g)
The effect of the proposed facilities and use on the other properties
in the neighborhood, whether such installation or use will materially
affect the value, use or enjoyment of neighboring properties.
(3)
Identify the geographic coordinates of the tower as further defined
on the applicant's FCC license application using either North American
Datum (NAD-27) or (NAD-83); and clearly state on the site plan and
special use permit application which datum is being used.
(4)
Demonstrate that the tower is structurally sound.
(5)
Describe how many and what kind of antennas are proposed and how
many and what kinds of antennas are possible on the tower.
(6)
Demonstrate that the site can contain on site substantially all icefall
or debris from tower failure.
(7)
Include a copy of the applicant's FCC construction permit, including
any requirements from the Federal Aviation Administration (FAA).
(8)
Include a copy of the certificate of need issued by the Public Service
Commission.
(9)
Include a letter of intent committing the tower owner to negotiate
in good faith for shared use by the third parties in the future. This
letter, which shall be filed with the Town Development Office prior
to the issuance of a special use permit by the Planning Board, shall
commit the tower owner and his or her successors in interest to:
(a)
Respond in a timely manner to a request for information from
a potential shared use or co-location antenna.
(b)
Negotiate in good faith for shared use by third parties.
(c)
Allow shared use if an applicant agrees, in writing, to pay
reasonable charges.
(d)
Make no more than a reasonable charge for shared use, based
upon generally acceptable accounting principles.
(10)
Evidence that existing facilities do not have space on which
planned equipment can be placed so it can function effectively. This
shall include, but not be limited to, the following:
(a)
The applicant shall contact the owners of all existing or approved
towers.
(b)
The applicant shall provide each contacted owner with the engineer's
report required herein.
(c)
The applicant shall request each contacted owner to assess the
following:
[1]
Whether the existing tower could accommodate the antenna to
be attached to the proposed tower without causing structural instability
or electromagnetic interference;
[2]
If the antenna cannot be accommodated, assess whether the existing
tower could be structurally strengthened or whether the antennas and
related equipment could be protected from interference;
[3]
Whether the owner is willing to make space available; and
[4]
The projected cost of shared use.
(11)
Include a complete environmental assessment and visual addendum
which include:
C.
Additional prerequisites for the Planning Board to consider prior
to taking action to issue a site plan approval for personal wireless
telecommunications facilities:
(1)
A site plan map shall be prepared, acceptable in form and content
to the Planning Board, which shall be prepared to scale and in sufficient
detail and accuracy and which shall show the following:
(a)
The location of property lines and permanents easements;
(b)
The location of the communications tower, together with guy
wires and guy anchors and accessory site features such as building,
access, power, telephone and landscaping of the site;
(c)
A side elevation or other sketch of the communications tower
showing the proposed antennas;
(d)
The locations of all structures on the property and on any adjacent
property within 10 feet of the property line, together with the distance
of these structures to the proposed communications tower;
(e)
The names of adjacent landowners;
(f)
The location, nature and extent of any proposed fencing, utility
easements and access road; and
(g)
A viewshed map or visual simulation showing the view from surrounding
properties of the proposed communications tower and antennas.
The Planning Board may approve a special use permit for a tourist home to be operated on a parcel of land located in the RR-3, AR-2, AR-1, R-1-30, R-1-20, RLD and the SCR-1 Residential Districts, provided that, in addition to compliance with the general requirements in § 220-35 of this article, the following standards are maintained:
A.
The minimum lot size, frontage and setback requirements shall conform
to the specifications set forth in the Zoning Schedule I[1] of this chapter for a single-family dwelling in the respective
zoning district.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
B.
The dwelling proposed for occupancy as a tourist home shall contain
at least three but no more than five lodging rooms for rent and further
shall not violate provisions of the New York State Fire Prevention
and Building Code[2] or Chapter 202 of the Canandaigua Town Code.
[2]
Editor's Note: See Executive Law § 370 et seq.
C.
Meals may be served on premises only to residents and registered
guests.
D.
The owner/operator(s) of the tourist home shall reside on the premises
and shall be the only permanent occupant(s) on the premises.
E.
No tourist home use shall be established on a lot that is located
within 500 feet of another lot measured along the same street frontage
on which there is an existing tourist home establishment.
H.
Commercial speech signage may be permitted as provided for further in Article IX of this chapter.
I.
The exterior of the building shall be maintained consistent with
the architectural character of the dwelling prior to its use as a
tourist home.
J.
Landscaping shall be required and a buffer screening provided to
ensure that the tourist home use does not create a nuisance for adjoining
property owners.
K.
All access to the lodging rooms shall be provided through the main
entrance to the tourist home.
The Town Planning Board may approve a special use permit for a construction company/contractor storage yard operation in the RR-3 Rural Residential District, the AR-2 Agricultural Rural Residential District and the AR-1 Agricultural Rural Residential District, provided that, in addition to compliance with the general requirements in § 220-35 of this article, the following standards and conditions are maintained:
A.
The minimum lot size shall be three acres, and not more than 30%
of the total lot area may be used for structures, the parking of vehicles,
or equipment.
B.
No special use permit for a construction company/contractor storage
yard may be permitted where there is a dwelling unit on the subject
property.
C.
Not more than 15% of the total lot area may be used for the stockpiling
of material used by the contractor for a storage yard.
D.
Unless the owner has a valid mining permit issued by the New York
State Department of Environmental Conservation, there shall be no
excavation of materials allowed on a construction company/contractor
storage yard site. Otherwise, all aggregate material shall be trucked
onto the site and stored in an area approved by the Planning Board
as part of site plan approval.
E.
There shall be a well-landscaped buffer, at least 10 feet in width
and extending around the entire border of the property, unless the
applicant can demonstrate the use of existing site topography (including
an existing gravel pit) in such a manner that it will screen the use
from any adjacent property or right-of-way.
F.
There shall be a maintenance building provided that is sized to enable
repairs and maintenance of all equipment used in conjunction with
the construction company. The design of the maintenance building shall
complement, to the greatest extent practical, existing adjacent structures
within 500 feet of the property boundary. All bays to be located in
the building shall be oriented away from any adjacent residential
dwelling. All repairs and maintenance of equipment shall be performed
within the enclosed structure. Said facility shall also meet all federal
and state regulations for employee safety, environmental protection
and security of operation,s and the owner shall provide the Town copies
of all inspection reports by any regulatory agency. No storage of
used parts shall be permitted on the site outside an enclosed building.
G.
Any fuel-dispensing unit or storage tank shall meet State Department
of Environmental Conservation regulations for bulk storage.
H.
Any stockpile of aggregate material shall be maintained by the owner
to prevent the blowing of dust onto adjacent properties.
I.
The hours of operation shall be set by the Planning Board.
J.
All site security lighting shall comply with the Town lighting regulations contained in § 220-77 of this chapter.
K.
Except for the stockpile areas, the entire travel area of the site
shall be a dust-free surface (i.e., millings, stone and oil, blacktop,
concrete).
L.
There shall be a designated parking area for all company vehicles,
for all employee vehicles and for visitors to the site.
M.
Unless connected to public sewer service, each construction company/contractor
storage yard site shall have an approved on-site wastewater treatment
facility.
N.
There shall be only one driveway serving the site. The driveway shall
be designed to enter onto the public highway at grade level for a
minimum distance back from the travel lane of 40 feet in length. Said
driveway shall be blacktopped. Any aggregate material that spills
from a vehicle entering or exiting the site shall be cleaned up within
24 hours of the spill. All driveway radii shall be designed to accommodate
the turning movement of the company's largest vehicle.
O.
Used heavy construction equipment and machinery and equipment may
be offered for sale on the site. The location of such activity shall
be determined by the Planning Board as part of either site plan approval,
or any amendment to an approved site plan.
P.
Each construction company/contractor storage yard site shall provide
appropriate highway entrance signs as may be required by the Town
Highway and Water Superintendent, the County Highway Superintendent,
or the resident engineer for the State Department of Transportation.
Q.
Each application for a special use permit shall not be deemed complete
until a signed statement of operations has been submitted.
R.
Each proposed special use permit shall be subject to compliance with
all provisions of the New York State Uniform Fire Prevention and Building
Code, as may be amended from time to time.
[Added 3-16-2015 by L.L.
No. 3-2015]
The Town Planning Board may approve a special use permit for a commercial speech sign in the CC Community Commercial District provided that the general conditions set forth in § 220-35 of this article and the following standards are met:
A.
Prior to granting special use permit approval, the Town Planning Board must make a finding that the proposed sign is in compliance with the standards set forth in § 220-83.
B.
The specific location of the proposed sign must be shown on a site
plan approved by the Planning Board.
C.
Prior to granting special use permit approval, the Planning Board
must make a finding that the proposed signage will not compromise
the aesthetic appearance of the surrounding neighborhood.
D.
Prior to granting special use permit approval, the Town Planning
Board must make a finding that the proposed signage will not significantly
increase the magnitude of hazards to motorists and pedestrians caused
by sign distractions.
[Added 12-19-2016 by L.L.
No. 10-2016; amended 2-27-2023 by L.L. No. 2-2023]
A.
Ground-mounted solar energy systems are only permitted in certain
zoning districts of the Town of Canandaigua through the issuance of
a special use permit based on the size classification of the ground-mounted
system as either a Tier 1, Tier 2, Tier 3, or Tier 4.
(1)
Ground-mounted Tier 1 solar energy systems and ground-mounted Tier 2 solar energy systems are permitted through the issuance of a special use permit, provided no portion of the parcel is identified by the Zoning Officer as being in the Scenic Viewshed Overlay District, § 220-33.1, in the following zoning districts: AR-1 Agricultural Rural Residential District, AR-2 Agricultural Rural Residential District, RR-3 Rural Residential District, CC Community Commercial District, I Industrial District, LI Limited Industrial District, Incentive Zoning District, Form-Based Code Zoning District, and Mixed-Use Overlay District subject to the requirements set forth in this section, including site plan approval.
(2)
Ground-mounted Tier 3 solar energy systems are permitted through the issuance of a special use permit, provided no portion of the parcel is identified by the Zoning Officer as being in the Scenic Viewshed Overlay District, § 220-33.1, in the following zoning districts: CC Community Commercial, I Industrial, and LI Limited Industrial District, subject to the requirements set forth in this section, including site plan approval.
(4)
Energy battery storage systems resulting in 1 MW AC storage
or more as either stand alone or combined with a large-scale, ground-mounted
solar energy system shall not be permitted in any zoning district
of the Town of Canandaigua.
(5)
Applications for the installation of a ground-mounted solar
energy system shall be reviewed by the Zoning Officer, Environmental
Conservation Board, and Agricultural Advisory Committee and referred,
with comments, to the Planning Board for its review and action, which
can include approval, approval with conditions, or denial.
B.
Special use permit application requirements. In addition to the requirements set forth in § 220-35, the following information must be included with an application for a special use permit for large-scale solar energy system:
(1)
If the property of the proposed project is to be leased, legal
consent between all parties, specifying the use(s) of the land for
the duration of the project, including easements and other agreements,
shall be submitted.
(2)
A site plan showing the layout of the solar energy system signed
by a professional engineer or registered architect shall be required
and must include:
(a)
A fifty-foot buffer zone from all public roadways, property
boundaries, or residential buildings, comprised of densely planted
trees, shrubs, bushes and flowers, and shall include the types of
all plantings.
(b)
Soil sampling at a rate of not less than two tests per acre
depicted and identified.
(c)
Screening to protect against panel glare including orientation
of panels away from residential or commercial establishments and demonstrates
a minimal visual impact on neighboring properties through installation
of screening designed to soften the view impact.
(d)
Noise level projections including decibel level points from
any motors, inverts, etc., depicted at the corners of the parcel.
(e)
Zone of Visibility Impact Assessment, including line-of-sight
analysis.
(3)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
rack motors, batteries, and inverters that are to be installed.
(4)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming, buffer and landscaping maintenance, safety concerns,
emergency access, and right to use. The property operation and maintenance
plan shall include details about the proposed use or uses of the remaining
property not used for the large-scale solar energy system, as well
as ingress and egress to all portions of the property.
(5)
Decommissioning plan. To ensure the proper removal of large-scale,
ground-mounted solar energy systems, a decommissioning plan shall
be required as part of any special use permit approvals issued by
the Planning Board. Compliance with this plan shall be made a condition
of the issuance of a special use permit under this section.
(a)
The decommissioning plan must specify that after the large-scale
solar energy system is no longer being used or is inadequately maintained,
it shall be removed by the applicant or any subsequent owner.
(b)
The plan shall demonstrate how the removal of all infrastructure
and the remediation of soil and vegetation shall be conducted to return
the parcel to its original state prior to construction.
(c)
The plan shall also include an expected timeline for execution.
(d)
The plan shall include a cost estimate detailing the projected
cost of executing the decommissioning plan shall be prepared by a
professional engineer. Cost estimations shall take into account inflation.
(e)
The plan shall note removal of large-scale solar energy systems
must be completed in accordance with the decommissioning plan.
(f)
The plan shall note if the large-scale solar energy system is
not decommissioned after being considered abandoned, the Town or the
Town's duly appointed representative or agent(s) may remove the system
and restore the property, and the Town may impose a lien on the property
to cover these costs to the municipality, in addition to any other
remedies available to the Town.
(g)
The plan shall demonstrate adherence to the NYSDAGM "Guidelines
for Solar Energy."
(h)
The plan shall detail planed disposal of solar panels in accordance
with New York State laws for hazardous waste.
(i)
The plan shall detail compliance with post-decommissioning soil
samples required at a rate of two per acre being provided to the Town
of Canandaigua and the landowner, and the comparison of the pre-construction
soil samples; therefore, validating the soil is in the original state.
(6)
Construction schedule. Applicants must submit a proposed schedule
for the completion of the project, including the proposed start date
and the proposed date of substantial completion, the expected date
of connection to the power grid, and the expected date on which operation
of the photovoltaic system shall commence.
C.
Special use permit standards. No special use permit for large-scale
solar energy systems shall be issued unless the Planning Board specifically
finds that the proposed project is in compliance with each of the
following:
(1)
The Planning Board shall make a determination that the use of
the land required by the proposed project shall not cause a loss of
valuable agricultural lands to the Town of Canandaigua. The Planning
Board shall take into consideration comments from the Town's Agricultural
Advisory Committee, Environmental Conservation Board, the Town's adopted
Agricultural Enhancement Plan, the Town's Comprehensive Plan, and
any other planning documents or experts deemed necessary by the Planning
Board.
(2)
Setbacks. Large-scale solar energy systems shall adhere to the
setback requirements for accessory structures of the underlying zoning
district.
(3)
Height. Large-scale solar energy systems shall not exceed 10
feet in height.
(4)
Lot coverage. A large-scale solar energy system that is ground-mounted
shall not exceed 50% of the lot on which it is installed. The entire
surface area of the solar panels including all structures on the parcel
shall be included in the total area regardless of the method by which
the panels are supported or attached to the ground, or the angle at
which they are placed.
(5)
Security. All large-scale solar energy systems shall be completely
enclosed by a minimum seven-foot-high fence to prevent unauthorized
access, unless the Planning Board determines that fencing will cause
environmental or ecological problems, or that such fencing is unnecessary.
If the Planning Board makes such a determination, then the applicant
must provide for other means, acceptable to the Planning Board, to
prevent access to circuit conductors and other electrical components
of the system. Warning signs with the property owner's contact information
and emergency contact information shall be placed on the entrance
and perimeter of the property and of the solar energy system at locations
acceptable to the Planning Board. Any fencing installed shall be acceptable
to the Planning Board and shall include screening of said fencing
as required by the Planning Board.
(6)
Drainage. All large-scale solar energy systems shall include
a drainage and stormwater management plan that is acceptable to the
Planning Board.
(7)
Easements. All large-scale solar energy systems shall provide
access, maintenance, and utility easements that are acceptable to
the Planning Board. If the large-scale solar energy system will be
operated by any entity other than the property owner, the Planning
Board must approve the lease or contractual agreement between the
property owner and the system operator.
(8)
The Planning Board shall approve a decommissioning plan as part
of the review and special use permit approval process for solar energy
systems. The Planning Board shall require that the applicant or property
owner post an automatically renewing annual security bond for construction,
maintenance, and removal/decommissioning of solar energy systems.
The decommissioning plan must note that a lapse of the security bond
shall result in a violation of the conditions of approval of the special
use permit and automatically revoke the special use permit approval.
The decommissioning plan shall note the Town of Canandaigua Town Board
may impose a lien against the property and/or draw from the surety/maintenance
bond if the special use permit expires or is revoked for any reason,
or if the Town Board determines the removal of the system is warranted
for any reason and the property owner has failed to remove the system
within 120 days after receiving notice from the Town of Canandaigua
Town Board.
(9)
The Planning Board must approve the property operation and maintenance
plan submitted by the applicant.
(10)
All access roads and paths required for the project shall be
integrated into other uses on the property, if possible. Access road
siting and grading shall be designed to minimize any negative impacts
from stormwater drainage.
(11)
All large-scale solar energy systems shall be adequately screened,
as determined by the Planning Board, to avoid adverse aesthetic impacts.
(12)
Any application under this section shall meet any substantive
provisions contained in local site plan requirements in the Zoning
Code that, in the judgment of the Planning Board, are applicable to
the system being proposed. If none of the site plan requirements are
applicable, the Planning Board may waive the requirement for site
plan review.
(13)
The Planning Board may impose conditions on the approval of
any special use permit under this section including annual inspections,
and/or time limitations on the approval or expiration of the special
use permit in order to enforce the standards referred to in this section,
or in order to discharge its obligations under the State Environmental
Quality Review Act (SEQRA).
