§ 220-9. Regulations applicable to all districts., Article III. General Provisions Applicable to All Districts, Chapter 220. Zoning, Part II. General Legislation, Code of Ordinances, Canandaigua, Town

Preservation of natural features.

(1)

Except as otherwise stated in this chapter, no structure shall be built within 100 feet of the bed of a stream carrying water on an average of six months of the year or within 25 feet of the mean high-water elevation of Canandaigua Lake, except for:

(a)

Docks, piers, boathouses and/or ramps designed for provision of navigational access;

(b)

Public bridges, public waterworks and other municipal or public utility facilities; and

(c)

Private bridges, fords, drainage conduits, embankments and similar structures as are necessary to permit access to a lot or portion thereof or as are incidental to a lawful use of a lot, provided that such structure will not have a material adverse effect on the stream, nor alter the flow of water therein, nor substantially increase the likelihood of flood or overflow in the area.

(2)

No person shall strip, excavate, stockpile, or otherwise remove or relocate topsoil, except:

(a)

In connection with the approved construction or alteration of a building, a structure, a parking lot or road, a swimming pool, a pond, or lawful excavation operations pursuant to § 220-38 of this chapter; and

(b)

In compliance with the provisions of Chapter 165 of the Town Code, Soil Erosion and Sedimentation Control.

(3)

No movement of earth or soil erosion shall be permitted at any time in any district which adversely affects conditions on any other property.

(4)

Whenever natural features such as trees, brooks, drainage channels and views interfere with the proposed use of property, the retention of the maximum amount of such features consistent with the intended use of the property shall be required.

All accessory buildings and accessory structures, not including agricultural structures and except as otherwise specified in this chapter, shall be subject to the standards in this section.

(1)

An accessory building attached to a principal building shall be considered a part of the principal building and is required to comply with the yard requirements of this chapter for the principal building. For the purposes of this section, "attached" shall mean physical connection by way of a common wall or foundation and not separated by an unenclosed exterior space.

[Amended 7-17-2017 by L.L. No. 16-2017]

(2)

No detached accessory building shall be closer to the street or right-of-way line than the minimum front yard setback for the principal building.

(3)

Accessory buildings and structures for multiple-family dwellings, manufactured home parks, public uses, commercial uses and industrial uses may be allowed in rear or side yard(s) of the primary building(s).

(4)

Detached accessory buildings and structures may be required to be fenced and/or buffered from adjacent properties, consistent with approved site plans, in order to protect the value of adjacent properties.

(5)

Except as otherwise stated in this chapter, a nine-hundred-square-foot accessory building shall be allowed on vacant lots with no primary building or use and may be used for storage of materials, equipment, and other personal property in the AR-1, AR-2, RR-3 and SCR-1 districts. Such accessory building shall be subject to the setback and height requirements contained in the Zoning Schedule (Schedule I).

Editor's Note: Schedule I is included as an attachment to this chapter.

(6)

Accessory buildings shall not be used as habitable space.

(7)

The following shall apply to lots with one or more single- and two-family dwellings outside of the Residential Lake District:

(a)

A lot of 20,000 square feet or less may have:

[Amended 2-11-2019 by L.L. No. 1-2019]

[1]

One detached private garage;

[2]

One additional detached accessory building not exceeding 200 square feet plus 1% of the subject lot's area in square feet and rounded to the nearest fifty; and

[3]

A total combined building footprint for all detached accessory buildings not exceeding 1,300 square feet.

(b)

A lot of greater than 20,000 square feet may have, in addition to attached accessory buildings:

[1]

A maximum of five detached accessory buildings; and

[2]

A total combined building footprint for all detached accessory buildings not exceeding 1,300 square feet plus 1% of the subject lot's area in square feet and rounded to the nearest hundred or 3,000 square feet, whichever is less.

[Amended 2-11-2019 by L.L. No. 1-2019]

(c)

Height allowances:

[1]

Detached accessory buildings with a building footprint of less than 1,000 square feet shall not exceed 16 feet in height.

[2]

Detached accessory buildings with a building footprint of 1,000 square feet or greater shall not exceed 22 feet in height.

(d)

Except within the AR-1, AR-2 and RR-3, detached accessory buildings that are taller than the principal building or have a footprint greater than that of the principal building, not including attached private garages, porches, decks, and patios, shall be separated from the principal building by a distance equal to the side setback required for an accessory building.

[Amended 2-11-2019 by L.L. No. 1-2019]

(e)

Except within the AR-1, AR-2 and RR-3, detached accessory buildings with the exception of detached private garages and storage sheds shall be located in the rear yard and subject to the setback requirements for the district in which it is located.

[Amended 2-11-2019 by L.L. No. 1-2019]

(f)

Except within the AR-1, AR-2, and RR-3, detached private garages and storage sheds shall be located to the rear of the front building line of the principal building and may be located in the side yard.

[Amended 2-11-2019 by L.L. No. 1-2019]

(g)

Except within the AR-1, AR-2, and RR-3, on corner lots, detached accessory structures shall be located in a side yard.

[Amended 2-11-2019 by L.L. No. 1-2019]

(h)

If a lot is divided by a street and the principal building is located on one portion of the lot, then the accessory building/structure may be permitted on the portion of the lot opposite the principal building. In this instance, the minimum setbacks for the zoning district shall apply.

[Amended 2-11-2019 by L.L. No. 1-2019]

(i)

Accessory buildings may have electrical, gas, and water service but no other utilities.

Editor's Note: Former Subsection B(7)(j), regarding decks or porches on accessory buildings, which immediately followed this subsection, was repealed 9-18-2017 by L.L. No. 17-2017.

(8)

Lots located within the NC, CC, RB-1, LI, and I districts that accommodate one or more existing agricultural uses and/or single- and two-family dwellings shall be allowed the same accessory uses, buildings, and structures specified in Town Code § 220-14, AR-1 Agricultural Rural Residential District, but subject to the lot and setback requirements applicable to their respective zoning district, except that accessory buildings and accessory structures used for the sale of agricultural and nursery products shall not be allowed along State Route 332.

(9)

Additional requirements for detached accessory buildings and structures in the Residential Lake District are in Town Code § 220-21.

Every developed lot of record shall have access to a public street. Access may be either direct or by private road or drive. Where a private road or drive provides access to more than one developed lot of record, said road shall have a right-of-way width of not less than 30 feet and an improved surface of at least 20 feet in width. All structures shall be so located on lots so as to provide safe and convenient access for servicing, fire protection and required off-street parking.

At the intersection of two or more streets, no hedge, fence or wall (other than a single post or tree) which is higher than three feet above curb level, nor any obstruction to vision, including agricultural crops, shall be permitted in the triangular area formed by the intersecting street lines and a line joining each 50 feet distant from said intersection measured along the edge of the pavement.

Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard setback area shall be measured from such proposed right-of-way line.

Outdoor display of goods for sale. Unless the display of goods for sale in such an area shall have been approved by the Town Planning Board, no commercial establishment shall place or display goods, including vehicles, for sale upon any seeded or landscaped area nor upon any paved area necessarily designated on an approved site plan to meet the minimum requirements of the Town Zoning Law for off-street parking.

No manure, odor or dust-producing substances shall be permitted to be stored within 200 feet of any lot line, unless such substance is part of accepted agricultural operations or practices and the land involved lies within an agricultural district established pursuant to New York State Agriculture and Markets Law.

For the purpose of regulating the location of buildings or structures on corner lots and through lots, all portions of a corner lot and a through lot which fronts on a public street shall be subject to the front yard setback requirements of the zone district in which the corner lot or through lot is located.

No front yard, wherever located, and except as may be otherwise provided in Article V, no rear yard adjoining Canandaigua Lake, shall be used for the open storage of boats, vehicles, travel trailers or any other equipment, except for vehicular parking on driveways. Such open storage may be stored on the side of the building but not nearer than 10 feet from the rear or side lot line.

When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter either with respect to any existing structures or use and any proposed structures or use or setbacks.

Fences erected in the Town shall adhere to the following standards:

[Amended 5-21-2018 by L.L. No. 1-2018]

(1)

Except as may be otherwise provided in this Subsection K, no fence in a front yard within any parcel zoned and occupied for residential use or in a rear yard adjoining Canandaigua Lake shall be erected, altered, or reconstructed to a height exceeding four feet above ground level.

(2)

Except as may be otherwise provided in this Subsection K, no fence in a rear yard or side yard within any parcel zoned and occupied for residential use shall be erected, altered, or reconstructed to a height exceeding six feet above ground level.

(3)

Fencing used to enclose a tennis court may be permitted up to 12 feet in height, provided that such fencing is not less than the minimum permitted setback for accessory structures in the applicable zoning district.

(4)

These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.

(5)

Except as provided in §220-60, fences in the Restricted Business, Industrial, and Commercial Districts may be up to eight feet in height.

(6)

Fences for kennels and for the purpose of enclosing farmland, horses, and cattle shall not exceed eight feet in height.

(7)

No fence shall be erected to encroach on any property line or upon a public right-of-way.

(8)

No fence shall be erected in a delineated area of special flood hazard, except for farm fences, unless it can be demonstrated that such fence would not restrict the flow of floodwaters nor would it have any impact on any buildings. No fence shall be erected in such area of special flood hazard until a development permit is obtained in accordance with Chapter 115 of this Town Code.

(9)

Snow fences may be allowed without a permit, provided that the placement does not result in snow drifting onto adjacent properties or the public highway. Said fences may be erected for a period not to exceed six months and must be removed not later than May 1 of each year.

(10)

Fencing surrounding telecommunications towers shall be as set forth in § 220-60.

(11)

Fences on lots adjoining Canandaigua Lake shall not be erected within 15 feet of the mean high water mark and shall not be erected in a way that will impair the view from any neighboring property.

(12)

Fences for large-scale solar energy systems shall conform to the minimum size required per National Electric Code. This requirement shall be confirmed by the Code Enforcement Officer.

If the use of any lot or building involves the disposal of on-site wastewater and public sewers are not available, an adequate on-site wastewater treatment system shall be installed and maintained in accordance with regulations and standards promulgated by Chapter 202 of the Code of the Town of Canandaigua. The minimum lot area otherwise required shall be increased where necessary to the extent required to provide such on-site wastewater treatment system.

Except for customary farm operations, no lot shall be used for the commercial storage or disposal of solid or liquid waste without the prior approval of the Town Board. Duly approved on-site wastewater treatment systems shall be excepted from this provision. Town Board approval shall be given only upon a finding that the proposed use shall not have a detrimental effect upon surrounding properties and evidence of any required permits necessary from the New York State Departments of Health and/or Environmental Conservation. The Town Board may require the submission of any documents necessary to make the foregoing finding. Consistent with the provisions of Subsection G above, this provision shall not prohibit the storage of animal waste upon any farm.

On-site wastewater treatment systems shall be designed, installed and maintained in accordance with approved plans and the procedures and standards of the New York State Departments of Health and Environmental Conservation and Chapter 202, On-Site Wastewater Treatment Systems.

All construction plans shall include design solutions for each site's drainage needs. Site grading shall direct water away from buildings and structures to the natural drainageway or a public storm drainage system. Where no public storm drainage system exists, site drainage controls will be required for each development, to maintain surface runoff to any adjacent site or natural drainageway. The rate of surface runoff shall be the site's existing rate shown to exist based on accepted drainage calculation.

Any structure which has been vacant or which has had utility service disconnected for 12 consecutive months shall not be used for any purpose without obtaining a new certificate of compliance.

Amateur radio towers. Amateur radio towers erected or maintained within any zoning district shall adhere to the following standards:

(1)

The sole purpose of the tower is to support antennas for an FCC-licensed amateur radio station. Towers erected under this section shall only be allowed to continue so long as a licensed amateur radio station continues on the premises.

(2)

An application for an amateur radio tower building permit must be accompanied by the tower manufacturer's ASME specifications or an equivalent structural analysis, including a one-hundred-fifty-percent safety factor design by a licensed professional engineer.

(3)

Amateur radio towers shall only be erected or maintained within the front yard if it is not possible to effectively communicate on amateur HF, VHF or UHF bands using a tower located within the rear or side yards. A written statement from an engineer or other recognized competent authority, such as the American Radio Relay League, describing the impracticability of effective communication from a tower located within the permitted rear or side yards shall be included with any application to erect a tower within the front yard.

(4)

The base of an amateur radio tower shall be located no closer to any property line than the minimum setback requirements for accessory buildings within the district or a distance equivalent to 40% of the tower height, whichever is greater.

(5)

Supporting structures other than the tower base, tower guys and buried anchors shall be located no closer to any property line than the minimum setback requirements for accessory buildings within the district.

(6)

There is no restriction on the location of tower guys and buried anchors. However, if a guy point or anchor is placed on or nearer a property line than the accessory building setback, the guy point must be elevated at least six feet above ground level and constructed of suitable material.

(7)

Towers more than 30 feet in height above ground level shall only be erected upon issuance of a special use permit approved by the Town Planning Board pursuant to § 220-53 herein.

All dumpsters in a permanent location shall be enclosed and surrounded by a fenced area with a secured gate in front and landscaping around the remaining three sides. In no instance shall the dumpster be visible from along the public way. In addition, the height of the fencing or landscaping shall be one foot higher than the height of the dumpster. All dumpsters shall be placed on a durable surface consisting of concrete, asphalt, or crushed stone. No fence enclosure shall be comprised of either chain link or plastic strips, and the color of the fence shall be consistent with the principal building.

Placement of manufactured housing within the Town of Canandaigua.

(1)

The siting of single-wide manufactured homes shall be permitted only in manufactured home parks within the Town of Canandaigua.

(2)

A single-wide manufactured home sited under the provisions of this section shall offer no less than 720 square feet of living area, excluding decks, porches and other structures which are either attached or placed immediately adjacent to the single-wide manufactured home.

(3)

Double-wide manufactured homes are permitted in all residential zoning districts, except the Residential Lake District, provided that the double-wide manufactured home shall offer no less than 1,100 square feet of living space, excluding decks, porches and other structures which are either attached or placed immediately adjacent to the double-wide manufactured home, and further provided that the double-wide shall be no less than 20 feet wide.

(4)

All double-wide manufactured homes located outside of a manufactured home park shall be sited on a full perimeter foundation with concrete or concrete block foundation walls extended below the frost line and must be affixed to the foundation in accordance with the manufacturer's specifications.

(5)

All manufactured homes to be sited within the Town of Canandaigua shall comply with all applicable federal, state and/or local laws at the time of application.

(6)

A permit must be obtained from the Code Enforcement Officer of the Town of Canandaigua prior to the siting of any manufactured home within the Town of Canandaigua.

All single-family dwelling units, except senior living facilities and single-wide manufactured homes, constructed and/or located within the Town of Canandaigua shall offer no less than 1,100 square feet of living area excluding decks, porches, and other structures which are either attached or placed immediately adjacent to the dwelling unit, and provided further that the dwelling unit shall be no less than 20 feet wide. This shall not apply to multiple-family dwellings.

(Reserved)

Driveways.

(1)

No driveway shall be permitted where by its design there results in surface runoff directly onto the adjacent public highway.

(2)

No driveway shall be permitted where by its design there results an unsafe sight distance as may be determined by the appropriate highway official or the Town Engineer. [See § 220-76A(2) and C(1).]

(3)

A single driveway, providing a single point of access to a public street, serving a single-family detached dwelling located on a residential site shall be 10 feet from any side property line. Driveways closer than 10 feet may be permitted, provided that they are designed as a shared driveway between two or more residential sites. Where a single-family dwelling site also involves land being used for agricultural operations, then a second point of access to a public street may be allowed, but only for agricultural purposes.

(4)

A single-purpose driveway, providing a single point of access to a public street, serving a multifamily site, a commercial, industrial, or mixed-use site shall be 20 feet from any side property line. Driveways closer than 20 feet may be permitted, provided that they are designed as a shared driveway between two or more of these types of site.

(5)

Driveways shall not be subject to the front setback requirements contained elsewhere in this chapter.

Swimming pools.

(1)

General requirements.

(a)

Permit applications for swimming pools shall include a site drawing showing:

[1]

All existing and proposed structures, including the swimming pool dimensions and depths.

[2]

The distance of the swimming pool and other proposed structures from all boundary lines.

[3]

The location of the on-site wastewater treatment system, if applicable.

[4]

The well location, if applicable.

[5]

Proposed lighting.

[6]

Easements and any other additional information as may be required by the Town to demonstrate compliance with Town Code and other applicable laws.

(b)

All swimming pools and their components shall comply with the requirements of the New York State Uniform Fire Prevention and Building Code.

Editor's Note: See Executive Law § 370 et seq.

(c)

Swimming pools shall be sited in compliance with the National Electrical Code and the electric service provider for the site.

(d)

No swimming pool or discharge water shall drain upon the lands of the adjoining premises.

(e)

Filter pumps and other mechanical devices used in connection with any swimming pool shall be located in order not to interfere with the health, safety and enjoyment of the adjoining premises.

(f)

If the use of any private swimming pool shall be abandoned or permanently discontinued, the owner shall see that the excavated depression shall be filled in and that no potential hazard exists.

(2)

Dimensional requirements.

[Amended 11-19-2018 by L.L. No. 8-2018]

(a)

Swimming pools shall only be located in the rear and/or side yard of a lot.

(b)

No swimming pool or associated decks, patios or devices connected with the installation, maintenance or operation of a swimming pool, including but not limited to pump and filter enclosures, bathhouses and cabanas, shall be constructed or erected closer than the setbacks for accessory structure of the zoning district.

(c)

Additional requirements for swimming pools in the RLD Residential Lake District are located in § 220-21.

Outdoor furnaces. All outdoor furnaces shall comply with applicable New York State Department of Environmental Conservation requirements.

Development in any zoning district shall comply with the applicable provisions contained elsewhere in Town Code and the Town of Canandaigua Site Design and Development Criteria.

Site development permits.

(1)

When no building permit or other Town approval pursuant to this chapter is required, a site development permit from the Town Development Office shall be obtained for the following:

(a)

Construction of new agricultural structures with a building footprint greater than 50 square feet.

(b)

Installation of new driveways.

(c)

Construction or installation of a fence, excepting snow fences.

(2)

A site development permit shall include information described in § 220-66, Sketch plan requirements, and all other information as may be required by the Town Development Office.

(3)

Site development permit applications shall be made by the landowner and reviewed by Town staff to determine compliance with Town Code requirements.

AA.

Oil-and-gas-extraction-related land uses are prohibited anywhere within the Town except as provided in § 220-107, Preexisting nonconformities.