[Amended 3-16-2015 by L.L. No. 3-2015; 11-16-2020 by L.L. No. 3-2020]
Purpose: There are no provisions that establish a minimum number
of off-street parking spaces for development. However, certain development
proposals are required to complete a parking demand analysis, which
will assist in determining off-street parking spaces required. In
all districts there shall be provided, at the time any building or
structure is erected, enlarged, increased in capacity or changed in
sue, improved and usable off-street parking spaces for motor vehicles
in accordance with the requirements of this article, the New York
State Uniform Fire Prevention and Building Code, and Federal Americans
with Disabilities Act.
A.
Authority. Parking requirements shall be determined by the Planning
Board in the course of their respective reviews of any site plan,
subdivision, special use permit, or other necessary review.
B.
Design requirements.
(1)
Off-street parking space shall be provided as further specified in
this chapter and shall be furnished with necessary passageways and
driveways. Required dimensional standards can be found within the
Town of Canandaigua Site Design and Development Criteria.
(2)
Off-street parking areas for nonresidential uses shall provide sufficient
area for access drives and aisles.
(3)
Off-street parking areas with a capacity for more than 20 vehicles
shall delineate fire lanes and post "no parking" markers.
(4)
Any off-street parking area with at least 20 off-street parking spaces
shall designate a minimum of 10% of those spaces as reserved only
for the handicapped and clearly mark them for such use. Parking spaces
designated to serve handicapped individuals shall be at least 14 feet
in width and 20 feet in depth.
(5)
All parking areas, passageways and driveways (except where provided
in connection with one- and two-family dwellings, or farm residences
and buildings) shall be adequately drained and will have a durable
surface, subject to approval of the Town Planning Board.
(6)
Each off-street parking space shall be so designed, maintained and
regulated that no parking or maneuvering incidental to parking shall
be on any public street, walk or alley, and so that any motor vehicle
may be parked and unparked without moving or damaging another.
(7)
Parking areas may be located in any yard space for nonresidential
uses but shall not be located:
(a)
So as to impinge on the minimum required buffer width, as measured from the property lot line, as established in § 220-76D; or
(b)
For properties of 60,000 square feet or less in size, any closer
than 10 feet to any side or rear property line unless specifically
approved by the Planning Board as part of a multiple-parcel shared
parking plan; or
(c)
For properties greater than 60,000 square feet in size, any
closer than 20 feet to any side or rear property line unless specifically
approved by the Planning Board as part of a joint use parking plan.
(8)
Driveways to off-street parking.
(a)
No driveway to an off-street parking area shall be located closer than 50 feet to the intersection of any two streets or within 10 feet of any side lot line identified in § 220-9V(3) or 20 feet servicing a lot identified in § 220-9V(4) of this chapter, provided further that:
[1]
Sufficient distance will always remain for all required radii
for said driveway;
[2]
Said driveway will not be determined by the Planning Board to
adversely affect the minimum sight distance for motorists, as recommended
in various Town, county and state highway design and traffic safety
manuals, or prevent the stacking of vehicles along the highway where
there is a traffic control device operating.
(b)
The Planning Board may require a different distance to the intersection
of any two streets as a condition of approval where a traffic study
identifies that said distance would improve safety and efficiency.
(c)
The distance from the driveway to the intersection shall be
measured by extending the curb or pavement line of the intersecting
street until it intersects the curb or pavement line, extending, if
necessary, to the driveway in questions.
C.
Location of off-site parking facilities. Required off-street parking
is allowed on a separate parcel within 1,320 feet of the use served,
as measured by closest walking distance from the closest public entrance
to the off-site parking lot. Where parking is provided off-site, adequate
provisions for safe, pedestrian travel shall be required.
D.
Screening and landscaping.
(1)
Off-street parking areas for more than five vehicles shall be effectively screened on the rear and side yards by a fence of acceptable design, unpierced masonry wall, landscaped berm or compact evergreen hedge. Such fence shall be erected and maintained in accordance with § 220-9K of these regulations. Such wall or hedge shall not be less than six feet in height and shall be maintained in good condition.
(2)
When a parking area for five or more vehicles is within or abuts
a residential district, a planted buffer area shall be provided in
addition to the fence or wall specified in Subsection C(1) above.
Landscaping utilized to provide this buffer shall not be less than
four feet in height at the time of planting and spaced not more than
three feet apart. The planted buffer area shall not be less than 10
feet in depth.
E.
Lighting.
(1)
All off-street parking areas and appurtenant passageways and driveways
(excluding areas serving one- and two-family dwellings and farm dwellings)
shall be illuminated adequately during the hours between sunset and
sunrise when the use is in operation.
(2)
Any lights used to illuminate an off-street parking area shall be
so arranged as to reflect the light away from all adjoining property.
F.
(Reserved)
G.
Joint use. The off-street parking requirements of two or more uses,
structures, or parcels of land may be satisfied by the same parking
or loading space used jointly if supported by a shared parking analysis.
This analysis shall be based upon accepted standards. The right to
joint use of the parking space must be evidenced by a deed, lease,
contract, contract or other appropriate written document to establish
the joint use.
H.
Required off-street parking spaces. Off-street parking shall be provided
to meet the realistic demand for the proposed land use. The applicant
shall calculate this demand based on standards such as the Institute
of Transportation Engineer's Parking Generation Reports, Urban Land
Institute, observed local demand analysis, or any other standard acceptable
to the Planning Board.
(1)
Applicability. Projects exceeding the following thresholds shall
provide a parking demand analysis:
(a)
New construction of principle building/s in excess of 5,000
square feet of gross floor area; or
(b)
The substantial renovation of a principal building with a gross
floor area of at least 50,000 square feet and involving a change of
use;
(c)
Or upon request of the Planning Board during the course of their
review.
(3)
Waiver for current construction:
(a)
Applicant may request the Planning Board waive the requirement
to construct off-street parking spaces during initial construction.
(b)
Applicant shall specify on a site plan which off-street parking
spaces are to be delayed, including the total number of spaces, and
to provide justification for the waiver request.
(c)
Such off-street parking spaces shall be included as if to be
constructed in any SEQR consideration and planning approvals.
(d)
The future construction of the subject spaces shall require
a site development permit and be exempt from site plan review if in
substantial conformance with the approved plans.
(e)
If granted, the Planning Board may also impose additional conditions
as needed to achieve the objectives of this chapter.
I.
Authority for Planning Board to modify requirements of § 220-73.
(1)
The Planning Board is hereby authorized to modify the required number
of off-street parking spaces.
(2)
Such modification may take place after the Planning Board finds that:
(a)
Applicant has demonstrated that adequate, public off-street
parking facilities are available within 1,320 feet of the primary
entrance of all uses served as measured along the shortest legal,
practical walking route; or
(b)
Applicant can document that a notable percentage of their customers
will be transported to and from their premises in buses, bikes, walking
or other forms of alternative transportation; or
(c)
Applicant provides a transportation management plan documenting
off-peak work hours, preferential parking, financial incentives, or
some other manner for reducing parking demand.
(d)
The requirement is found not to be requisite in the interest
of the public health, safety, and general welfare or inappropriate
because of inadequacy or lack of connecting facilities adjacent or
in proximity to the site plan.
(3)
Where the Planning Board modifies the required number of parking
spaces pursuant to this section, the Planning Board shall impose such
conditions as it deems necessary and shall make findings supporting
their decision regarding a waiver.
For every building, structure or part thereof having more than
4,000 square feet of gross building area erected and occupied for
commerce and industry as well as other uses requiring the receipt
and distribution of materials and merchandise by vehicles, adequate
space for loading and unloading services shall be provided and permanently
maintained in order to avoid undue interference with the public use
of streets, alleys, or parking areas. Every building, structure or
addition thereto having a use which complies with the above definition
shall be provided with at least one truck standing, loading and unloading
space on the premises not less than 12 feet in width, 55 feet in length,
and 14 feet in height. One additional truck space of these dimensions
shall be provided for every additional 20,000 square feet, or fraction
thereof, of gross area in the building.
A.
Application. In order to encourage the sound development of street
frontage, the following additional access control design requirements
shall apply to all nonresidential buildings and uses:
(1)
The location and design of driveways and other site layout, parking
and access management conditions shall conform to all state and local
requirements, including and not limited to those established in this
section.
(2)
All site development proposing access along U.S. Route 5 and State
Routes 364, 332, 20 and 21 shall have access control solutions consistent
with: the Town of Canandaigua Route 332 Corridor Plan, Phases I and
II; the adopted Site Design and Development Criteria;[1] Chapter 174 of the Town Code, Subdivision of Land; and the applicable provisions of this chapter of the Town Code. All driveway locations along these state highways shall be subject to a highway work permit issued by the resident engineer of the New York State Department of Transportation.
[1]
Editor's Note: The Site Design and Development Criteria are
available in the Town offices or through the Town's online version
of the Code (eCode360®).
B.
General requirements.
(1)
The site layout, location and design of driveways, parking, and other
access management elements should be based on full development of
a lot.
(2)
Each separate use, grouping of attached buildings or groupings of
permitted uses shall be entitled to one point of access. Additional
accessways may be approved by the Town Planning Board based on the
need for such additional access which is supported by a traffic analysis
prepared and submitted by the applicant, and if:
(3)
Driveways to lots with frontage on two or more streets shall be provided
to the street with the lowest functional classification serving the
proposed development.
(4)
The use of common access points by two or more permitted uses may
be required by the Town Planning Board in order to reduce the number
and closeness of access points along the streets and to encourage
the fronting of significant traffic-generating uses upon a parallel
access street and not directly upon a primary road. Driveways may
be required to be located so as to provide shared driveways and/or
cross-access driveways with an abutting lot or lots.
(a)
Shared driveways and/or cross-access driveways shall be of sufficient
width (minimum 20 feet) to accommodate two-way travel for automobiles
and emergency service and loading vehicles. Wider driveways may be
required to serve traffic to major developments or large vehicles.
(b)
Shared driveways, cross-access driveways, interconnected parking,
and private streets constructed to provide access to lots internal
to a subdivision shall be recorded as an easement and shall constitute
a covenant running with the land. Operating and maintenance agreements
for these facilities should be recorded with the deed.
C.
Driveway location.
(1)
Driveway location will be based upon a final site plan, when required
elsewhere in this chapter, which has been approved by the Town Planning
Board in consultation with the appropriate representative of the New
York State Department of Transportation, the Ontario County Department
of Public Works, or the Town Highway and Water Superintendent. Where
final site plan approval is not required, evidence of the appropriate
work permit or driveway permit shall be provided prior to the issuance
of any building permit by the Code Enforcement Officer.
(2)
For the purpose of driveway locations, median openings shall be treated
as intersections and driveways to lots opposing a median opening shall
be located so as to exceed the minimum corner clearance standards.
This requirement shall be waived where the median opening is specifically
constructed or reconstructed to provide vehicular access to such properties.
(3)
Driveways shall be located so as to meet or exceed the minimum driveway
spacing standards and the minimum corner clearance standards.
(4)
The Town Planning Board may allow the location of driveways at less
than the minimum driveway spacing standards and corner clearance standards,
if:
(a)
A dual-driveway system, cross-access driveway system or shared
driveway is proposed and this improves the safe and efficient movement
of traffic between the lot and the street; or
(b)
A driveway or driveways could be located so as to meet the minimum
driveway spacing standards and corner clearance standards, but the
characteristics of the lot or the physical or operational characteristics
of the street are such that a change of location will improve the
safe and efficient movement of traffic between the lot and the street;
or
(c)
Conformance with the driveway spacing standards or corner clearance
standards imposes undue hardship on the lot owner.
(5)
For properties unable to meet the minimum driveway spacing standards
or corner clearance standards, a temporary driveway may be granted.
The granting of a temporary driveway will be conditioned on obtaining
a shared driveway, cross-access driveway or unified parking and circulation
with an abutting lot, and closure of the temporary driveway, in the
future.
(6)
For properties unable to meet the minimum corner clearance requirements,
driveways shall be located as far as practicable from the intersection.
In such cases, driveway movements may be restricted and only one driveway
will be permitted along the street frontage not meeting the minimum
corner clearance requirement.
D.
Driveway design.
(1)
Driveways shall be designed so as to provide for the safe and efficient
movement of traffic between the public street and the lot, and to
eliminate the potential for the queuing of vehicles along the public
street due to congestion in or at the driveway.
(2)
Vehicle circulation systems on the lot shall be designed so as to
provide for the safe and efficient movement of traffic between the
driveway and the parking area.
(3)
Driveway width, radii, flare, throat length, internal circulation
systems, and other design elements for driveways to developments generating
more than 150 peak-hour trips shall be based upon traffic, engineering
and design data provided by a traffic engineer/consultant who is recognized
and accepted by the Town Planning Board. In the event that a traffic
engineer/consultant is not provided, the Town shall have the right
to retain such traffic engineer/consultant at the cost of the applicant.
(4)
No driveway to an off-street parking area shall be located within 10 feet of any side lot line for a parcel defined in § 220-9V(3) of this chapter. In addition, no driveway to an off-street parking area shall be located within 20 feet of any side lot line for a parcel defined in § 220-9V(4) of this chapter unless the designated highway official shall find that an alternative location will be in the best interests of public safety and highway efficiency.
(5)
Access points for industrial uses shall not be less than 24 feet
nor more than 40 feet in width. All other access points shall not
be less than 20 nor more than 30 feet in width.
E.
Driveway movements.
F.
Changes in access.
(1)
The Town Planning Board may establish provisions for and require
future alteration of the lot layout, the location and design of driveways,
parking, and other access features based on phased development, additional
development or a change in use of a lot, or development of or a change
in use at an abutting lot.
(2)
Upon completion of a side, access or service street abutting a lot
with a driveway connection to a public street, the Town Planning Board
may require a driveway or driveways to the side, access or service
street and closure of the driveway connection to the public street.
(3)
For any change of use of a lot which requires a Town permit or approval
and increases peak-hour trips, the Town Planning Board may:
(a)
Require the closure or relocation or consolidation of driveways
so as to meet the minimum driveway spacing standard for the new level
of peak-hour trips;
(b)
Require shared driveways and cross-access driveways with abutting
lots; or
(c)
Require alteration of the lot layout and parking which allow
for the circulation of traffic between abutting properties.
G.
Medians.
(1)
The type, location and length of medians on state streets will be
determined by the New York State Department of Transportation. This
determination will be made in consultation with the Town Planning
Board and will be based on existing and projected traffic conditions;
the type, size, and extent of development and traffic generated by
development; traffic control needs; and other factors.
(2)
The minimum spacing between median openings will be 1,320 feet for
median openings which allow only restricted traffic movements and
2,640 feet for median openings which allow all traffic movements.
(3)
The minimum spacing between median openings may be waived with the
mutual agreement of the Town Planning Board and the New York State
Department of Transportation.
(4)
Median openings intended to serve a driveway or driveways to a development
or developments must meet or exceed the minimum spacing standards
between median openings and must also be justified by a traffic impact
analysis approved by the New York State Department of Transportation
in consultation with the Town Planning Board when driveways are proposed
to connect to state streets, or the Town Planning Board when driveways
are proposed to connect to local streets. The cost for preparation
of the traffic impact analysis and construction of the median opening
or openings, including installation and operation of signals and other
improvements, where warranted, shall be borne by the applicant.
H.
Traffic impacts from large developments.
(1)
For purposes of this chapter, "large developments" shall include
residential or mixed-use developments whose combined trip generation
from all lots exceeds 150 peak-hour trips, and commercial, retail,
and industrial developments whose trip generation exceeds 300 peak-hour
trips, and any other use which will, in the opinion of a qualified
traffic engineer, detrimentally impact the safe and efficient movement
of traffic along public roads.
(2)
Large developments may be required to mitigate the traffic impacts
of their development. Required mitigation may include but is not limited
to the construction of signals, turning lanes, medians, combined and
shared driveways, and internal service or access streets, and implementation
of transit improvements and/or traffic demand management strategies.
(3)
Required mitigation will be identified through a SEQRA review or
transportation impact study.
I.
Incentives.
(1)
In order to ensure the safe and efficient movement of traffic along
a street and between the street and properties abutting the street,
shared driveways, cross-access driveways, access and service streets,
internal circulation systems, and interconnected parking are encouraged.
(2)
The Town Planning Board may grant to a lot owner adjustments to the
permissible density, area, height, or open space otherwise required
in the zoning district when such lot owner elects to provide and maintain
shared driveways, cross-access driveways, access and service streets,
internal circulation systems, or interconnected parking.
(3)
The Town Planning Board reserves the authority to determine the adequacy
of the access management amenities to be accepted and the particular
bonus or incentive to be provided to a lot owner.
J.
Variance guidelines.
(1)
The granting of a variance should be in harmony with the purpose
and intent of this chapter and should not be considered until every
reasonable option for meeting the provisions of this chapter is explored.
(2)
Applicants for a variance should demonstrate unique or special conditions
that make strict application of the provisions of this chapter impractical.
This should include a showing that:
(3)
Under no circumstances should a variance be granted unless not granting
the variance would deny all reasonable access, endanger public health,
welfare or safety, or cause an exceptional and undue hardship on the
applicant.
A.
Purpose and intent. It is the purpose and intent of this section
to:
(1)
Encourage the landscaping of developments and to dissuade the unnecessary
clearing and disturbing of land so as to preserve the natural and
existing growth of flora and to replace removed flora or plant new
flora indigenous to the region.
(2)
Establish provisions which will help buffer incompatible uses from
each other and provide transition zones between different types of
uses.
(3)
Reduce the effects of wind and air turbulence, heat and noise and
the glare of automobile lights.
(4)
Provide unpaved areas for the absorption of surface waters.
(5)
Prevent soil erosion and provide shade.
(6)
Conserve and stabilize property values and to otherwise facilitate
the creation of an attractive and harmonious community.
(7)
Relieve the barren appearance of parking areas.
(8)
Generally preserve a healthful and pleasant environment for Town
residents and visitors.
B.
Authority. Landscape requirements shall be determined by the Planning
Board in the course of their respective reviews of any site plan,
special use permit, or planned unit development.
C.
Landscape techniques. The particular type of landscape treatment
required shall be determined by the Planning Board according to the
following major types of treatment:
(1)
Visual separation, including earth-mounding and screen-planting techniques
designed to obscure or soften an unattractive or incompatible view.
(2)
Visual setting, including ground cover and plant materials designed
to stabilize the landform and provide an appropriate foreground or
setting.
(3)
Physical separation, including a combination of plant and man-made
materials designed to separate distinct land use types or activities.
D.
Applicable standards. In the application of this section, the Planning
Board shall use the following standards:
(1)
Where any commercial, industrial, or specially permitted use in any
district abuts land in any residential district, a strip of land at
least 75 feet in width shall be maintained as an open landscaped area
in the front yard, side yards and rear yard which adjoins these other
districts. Such dimension may be part of the required minimum yard
dimensions and is not in addition to the minimum yard dimensions.
In any case, the larger buffer, either the minimum required setback
or the fifty-foot strip, shall be required.
(2)
Landscaping required under this section is to be installed and maintained
in front, side and rear yards as developed and shall take the form
of shade trees, deciduous shrubs, evergreens, well-kept grassed areas
and ground cover. One canopy shade tree shall be planted no nearer
than 10 feet to any lot line for each 1,250 square feet of required
landscaping area; and one deciduous shrub or evergreen shall be planted
for each 250 square feet of required landscaped area. All such landscaping
shall be maintained in a healthy growing condition with ground cover
or grassed areas.
(3)
Minimum plant size. Unless otherwise specifically stated elsewhere
in this chapter, all plant materials shall meet the following minimum
size standards:
Planting in Buffer
| ||||
---|---|---|---|---|
Planting Size
| ||||
Plant Material Type
|
Side or Rear Yards
|
All Other Plantings
| ||
Canopy tree
| ||||
Single stem
|
10 feet (height)
|
2 1/2-inch caliper
| ||
Multistem clump
|
6 feet (height)
|
1 1/2-inch caliper
| ||
Understory tree
|
4 feet (height)
|
1 1/2-inch caliper
| ||
Evergreen tree
|
3 feet (height)
|
5 feet (height)
| ||
Shrub
| ||||
Deciduous
|
18 inches (height)
|
24 inches (height)
| ||
Evergreen
|
15 inches (height)
|
12 inches (height)
|
(4)
Plant material substitutions. The following plant material substitutions
shall satisfy the requirements of this section:
(5)
No landscape feature, including any fence, wall, or solid screen
planting more than three feet in height, shall be erected, placed
or maintained within the required minimum front yard which obstructs
visibility in such a manner as to interfere with the safe movement
of vehicular traffic.
(6)
Plastic or other types of artificial plantings or vegetation shall
not be permitted.
(7)
No permanent impervious surfacing shall be located around the base
of any tree or shrub which may impede the growth of the tree or shrub.
(8)
All shrubs and trees shall be protected from possible damage inflicted
by vehicles using the parking area or access drives by means of a
raised curb placed at the edge of the pavement or other methods as
approved by the Planning Board.
(9)
Unique natural areas and open spaces such as streams, ponds, marshes,
steeply sloped areas and woodlands shall be preserved whenever possible.
(10)
All plantings shown on an approved site plan or special use
permit application shall be maintained in a vigorous growing condition,
and plants not so maintained shall be replaced with new plants at
the beginning of the next growing season. The owner, tenant, and their
agent, if any, shall be jointly and severally responsible for the
maintenance of all landscaping, which shall be maintained in good
condition, so as to present a healthy, neat and orderly appearance
and shall be kept free from refuse and debris.
(11)
Landscaping shall be installed according to the plan which is
approved as described above. Installation shall be completed within
six months of the related improvements as defined in the approved
application.
(12)
Where existing topography and/or landscaping provides adequate
screening, the Planning Board may modify the planting and/or buffer
area requirements.
(13)
All nonresidential uses must reserve a minimum of 30% of the
total lot area in green space and landscaping. In cases where such
reservation would impose an undue hardship on the development potential
of a site, the Planning Board may modify this requirement.
(14)
When required by the Planning Board, landscape improvements
must be guaranteed by a performance bond, letter of credit, or similar
instrument on deposit with the Town of Canandaigua in an amount sufficient
to finance complete installation of said improvements. Should landscaping
not be completed by the owner, tenant, or lessee pursuant to this
section, the Town of Canandaigua or its authorized representative
shall be granted the de facto right to enter the premises for the
purposes of completion of said landscaping.
(15)
The following requirements shall pertain to automotive use and
parking areas:
(a)
All nonresidential zones.
[1]
Parking areas may be located in any yard space for nonresidential
uses but shall not be located closer than 30 feet to the edge of the
pavement of a road and no closer than 10 feet to any property line,
except for property lying within the Route 332 Commercial District
Overlay Area.
[2]
In addition, in all nonresidential zones, automotive uses shall
be separated from the streetside property line by a vegetated, landscape
buffer strip as required by the following:
Average Parking Lot Depth
(depth from street line)
(feet)
|
Minimum Required Buffer Width
(as measured from property line)
(feet)
|
---|---|
100 or less
|
20
|
100.01 to 150
|
25
|
150.01 to 200
|
30
|
200.01 or more
|
35
|
[3]
The Planning Board shall have the discretion to modify these
buffer strip requirements upon an affirmative vote by 2/3 of the whole
Board in cases where the Board determines that the existing building
configuration or lot configuration either creates a hardship to the
applicant in meeting these requirements, or in those cases where the
aforementioned buffer strip requirements do not meet the goals of
this section. The Planning Board shall not be obligated to reduce
buffer and landscaping requirements for site plans where the site
size for the proposed use is insufficient as determined by the standards
contained in this chapter.
(b)
Residential zones. In all residential zones, parking and automotive
use areas for nonresidential uses and parking areas for five or more
vehicles for residential uses shall not be located in any front yard
or any side yard as provided by this chapter. Such front and side
yard areas shall be landscaped and vegetated with trees, shrubs, plants
and grass lawns or vegetative ground cover.
(c)
All zoning districts.
[1]
In all districts, public and private parking lots or automotive
use areas containing more than 10 parking spaces shall have at least
one shade tree for each 10 parking spaces or portion thereof. Said
trees shall be located within the paved area of the parking lot. Each
tree shall be installed within a protected planting island with no
less than 100 square feet of soil or permeable surface area per tree
or within 10 feet of the pavement area. The trees shall be maintained
by the owner and/or lessee of the property and shall not be cut down
or otherwise removed when the lot is altered or enlarged. Said trees
may be moved to another location on the lot upon approval by the Planning
Board. Trees and their associated planting areas shall be located
so as to provide visual relief and to assure safe traffic patterns
of internal vehicular and pedestrian circulation.
[2]
For parking areas designed for more than 10 cars, a minimum
of 5% of the interior of the parking area shall be devoted to landscaping.
The arrangement and location of the landscaped area shall be dispensed
throughout the parking areas so as to prevent unsightliness and monotony
of parking cars.
[Added 4-19-2021 by L.L. No. 4-2021]
A.
Purpose
and intent. It is the purpose and intent of this section to:
(1)
Control
outdoor lighting for the safety of motorists and pedestrians;
(2)
Aiding
in law enforcement functions and reducing crime through the proper
design and use of outdoor lighting to ensure nighttime appearance
consistent with overall community goals or enhancing the attractiveness
of businesses, streets and other portions of the environment;
(3)
Provide
the regulatory framework to ensure the installation of safe and attractive
outdoor lighting needed to protect the health, safety and welfare
of the residents and visitors to the community;
(4)
Provide
specific guidelines for site plan applications and standards in regard
to lighting in order to maximize the effectiveness of site lighting;
(5)
Avoid
unnecessary upward illumination and control unwanted illumination
and light trespass onto neighboring properties, roadways and night
sky;
(6)
Have
all exterior lights and illuminated signs designed, located, installed
and directed in such a manner as to prevent unreasonable light trespass
and light glare.
B.
Applicability.
All outdoor lighting shall be in conformance with the requirements
of this section.
C.
General
requirements for all mixed-use, multifamily, commercial and industrial
zoning districts.
(1)
All
outdoor lighting fixtures, including display lighting, shall be full
cutoff, and turned off after close-of-business, unless needed for
safety or security, in which case the lighting shall be reduced to
the minimum level necessary and may operate on motion detectors/sensors.
(2)
Petroleum
stations. Island canopy fixtures shall be completely recessed and
full cutoff.
(3)
Recreational facilities, public or private. Lighting for outdoor recreational facilities shall be shielded according to the requirements set forth in Subsection D below.
(4)
All
light fixtures that are required to be fully shielded shall be installed
and maintained so that the shielding is effective.
(5)
All
luminaires shall be "white light," including but not limited to metal
halide, plasma, LED, and similar, for all outdoor lighting on new
commercial or industrial uses.
(6)
The
maximum height of a pole-mounted light fixture shall be 33 feet.
(7)
The
maximum height of a building-mounted light fixture shall be 26 feet.
(8)
Upward
aimed facade and building lighting shall be fully shielded and fully
confined from projecting into the sky by the building eaves, roofs,
overhangs or structures and shall be mounted as flush with the illuminated
wall as possible.
D.
General
requirements for all residential zoning districts.
E.
Regulations
applicable to all zoning districts.
(2)
Light
source visibility. The visibility of the light source inside a luminaire
shall be restricted; the direct light shall not be visible above six
feet at the adjoining public roadway pavement edge or 25 feet beyond
the property line.
(3)
No
installation of new luminaries shall be permitted unless in conformance
to this section.
F.
Exceptions
to all zoning districts.
(1)
Any
outdoor luminaire having initial source lumens of 900 or less, provided
that no direct light causes glare on adjoining roadways.
(2)
Temporary
lighting for events such as circus, fair, carnival or other civic
uses.
(3)
Construction
or emergency lighting, provided such lighting is temporary and is
discontinued immediately upon completion of the construction work
or abatement of the emergency necessitating said lighting.
(4)
Temporary
lighting for holiday events.
(5)
Lighting
associated with agricultural uses.
G.
H.
Submittal
requirements for commercial, industrial, mixed-use and multifamily
uses.
(1)
All
applications for site plan approval, or for a special use permit,
shall require a lighting plan showing conformity with standards contained
in this section.
(2)
Such
lighting plan shall indicate the location, type of lamp, color of
lamp, luminaire, mounting height, source of lumens, illuminance, light
loss factor utilized in calculations and adherence to full cutoff
requirement, for each light source and area.
(3)
An
illuminance plan is required with isofootcandle levels shown, detailing
the interaction of all lighting on the site.
(a)
Illuminance plan shall detail lighting levels beyond parcel boundary
to 0.1 footcandles.
(b)
Illuminance plan shall be in footcandles at grade level.
(c)
Illuminance plan shall provide statistical data for parking areas,
pedestrian areas, traffic areas, and any additional areas which are
of relevance.
(4)
Any
additional documentation necessary to show conformance to the standards,
such as hours of operation, set forth in this section shall also be
provided.
(5)
Additions
or changes to an approved lighting plan shall be considered under
the site plan review provisions of this chapter.
I.
Illuminance
and uniformity.
(1)
Light
levels shall be designed to meet but not to exceed the latest recommended
levels from IESNA for the type of activity/area being lighted except
light levels for ATMs, which shall be in accordance with the New York
State ATM Safety Act.[1] Where no standard is available from IESNA, the applicable
standard shall be determined by the Planning Board, if approval is
required, taking into account the levels for the closest IESNA activity.
[1]
Editor's Note: See Banking Law § 75-a et seq.
(2)
Uniform
light levels shall be achieved on the site. The uniformity ratio (average
to minimum) shall not exceed 3:1 for parking and traffic areas, nor
4:1 for pedestrian areas.
(3)
Design
should establish a hierarchy of lighting to insure a smooth transition
from bright areas to those with subdued lighting.
(4)
Maximum
to average light levels should be kept within a six-to-one ratio.
Light levels shall be maintained at design levels with lamp or luminaire
replacement as needed.
J.
Nonconforming
lighting. All outdoor lighting lawfully existing prior to the effective
date of this chapter shall be deemed preexisting nonconforming to
this section, except that:
(1)
No
light causing glare on adjoining roadways shall be allowed to continue.
The Zoning Officer may make a determination regarding outdoor lighting
that causes a glare on adjoining roadways.
(a)
The Zoning Board of Appeals may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision, interpretation or
determination appealed from and shall make such order, requirement,
decision, interpretation or determination as in its opinion ought
to have been made in the matter by the administrative official charged
with the enforcement of such ordinance or local law and to that end
shall have all the powers of the administrative official from whose
order, requirement, decision, interpretation or determination the
appeal is taken.
(2)
Any
application for renewal of a special use permit, site plan approval,
or an amendment to a site plan, or sign site plan may require that
any aspect of the subject property be subject to compliance with these
regulations, regardless of whether or not the application involves
new site lighting subject to the decision of the Planning Board.
K.
Waterfront
lighting. Outdoor lighting in and around the ponds, lakes, rivers,
and other waters within the Town shall be installed or maintained
so as not to create a hazard to other property owners and shall comply
with the following:
(1)
Lights
on docks shall be no more than three feet above the dock, shall be
directed downward and be full cutoff fixtures.
(2)
Lights
illuminating paths, stairs, decks, etc., shall prevent direct light
on the water and shall not direct light upwards.
(3)
All
exterior lighting shall be located, mounted and shielded, so that
direct illumination is not focused towards the water surface more
than 20 feet from shore.
(4)
Lighting
shall not be installed below the mean high-water mark of Canandaigua
Lake.
(5)
Lighting
under the roof of boat stations shall be allowed.
[Added 12-19-2016 by L.L.
No. 10-2016; amended 2-27-2023 by L.L. No. 2-2023]
A.
Applicability. The requirements of this section shall apply to all
solar energy systems installed or modified in the Town of Canandaigua,
excluding general maintenance and repair.
B.
Solar energy systems as accessory use or accessory structure.
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems that use the electricity on
site or off site are permitted as an accessory use in all zoning districts
when attached to any lawfully existing and lawfully permitted building.
(b)
Height. Roof-mounted solar energy systems shall not exceed the
maximum height restrictions of the zoning district within which they
are located and are provided the same height exemptions granted to
building-mounted mechanical devices or equipment.
(c)
Aesthetics. Roof-mounted solar energy system installations shall
incorporate, when feasible, the following design requirements:
(2)
Small-scale solar energy systems.
(a)
Small-scale solar energy systems that use the electricity primarily
on site are permitted as accessory structures in the following zoning
districts: AR-1 Agricultural Rural Residential, AR-2 Agricultural
Rural Residential, RR-3 Rural Residential, R-1-20 Residential, R-1-30
Residential, SCR-1 Southern Corridor Residential.
(b)
Setbacks. Small-scale solar energy systems shall adhere to the
setback requirements for accessory structures of the underlying zoning
districts.
(c)
Height. Small-scale solar energy systems shall not exceed 10
feet in height.
(d)
Lot coverage. Small-scale solar energy systems are limited to
10% total lot coverage. The surface area covered by small-scale solar
panels shall be included in the total lot coverage. The entire surface
area of the solar panels 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.
(e)
Small-scale solar energy systems shall not exceed 1,000 square
feet in total area without obtaining a special use permit. The entire
surface area of the solar panels 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.
(f)
All such systems in residential zoning districts shall be installed
in the side or rear yards.
C.
Large-scale solar ground-mounted systems as a special use. Large-scale ground-mounted solar energy systems may be permitted through the issuance of a special use permit, subject to the requirements set forth in § 220-62.2.
D.
Abandonment and decommissioning. Solar energy systems shall be considered
abandoned after 12 consecutive months without electrical energy generation
and must be removed from the property. Applications for extensions
can be made to the Planning Board, which shall have authority to grant
six-month extensions.
E.
Permits and applications. A site development permit shall be required
for any type of solar energy system installed within the Town of Canandaigua.
(1)
No site development permit shall be issued for a small-scale
solar energy system in a front yard.
(2)
No site development permit shall be issued for a large-scale solar energy system unless and until the Planning Board has issued a special use permit pursuant to Town Code § 220-62.2.
(3)
Application fees for the following permits shall be set by the
Town Board in the Town Fee Schedule:
(4)
Nothing contained herein shall be construed to eliminate the
requirements for site plan approval or other permits contained elsewhere
in this Town Code.