§ 96-22. Appeals and variances.

A. 

The Town of Canandaigua Zoning Board of Appeals shall have the power and jurisdiction to:

(1) 

Hear an appeal of any order, requirement, decision, interpretation or determination made by the enforcement officer as it pertains to this chapter; and

(2) 

Upon appeal from the decision or determination of the enforcement officer, grant a variance according to the provisions and limitations of this section.

B. 

The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination made by the enforcement officer upon appeal and may make such an order, requirement, decision or interpretation as in its opinion should have been made in the matter by the Enforcement Official only based on the requirements and limitations set forth in Subsection D of this section.

C. 

Any person aggrieved by any order, requirement, decision or determination of the enforcement officer may appeal to the Zoning Board of Appeals under the provisions of this section.

D. 

To maintain a uniform set of standards for the regulation of docks and moorings as is required by § 46-a(4), Navigation Law of the State of New York, the power to grant variances by the Zoning Board of Appeals is limited to variances from facility area lines and outlet setbacks in all tiers and dock configuration requirements in Tier 1.

(1) 

Setbacks from the facility area lines and/or dock configuration [§§ 96-9C(1) and 96-10] may be varied for the following purposes only:

(a) 

To provide safe navigational access; or

(b) 

To minimize adverse environmental impacts on Canandaigua Lake and its watershed.

(2) 

Under no circumstances shall the following allocations or any use(s) established under this chapter be varied:

(a) 

Increasing the number of slips and moorings;

(b) 

The number of docks;

(c) 

The square footage of the dock(s);

(d) 

The number or use of associated facilities;

(e) 

Modify the size or use of boat accessory structures; or

(f) 

A change in the applicable tier classification.

E. 

The Zoning Board of Appeals, in the granting of a variance, shall grant the minimum variance that it shall deem necessary and adequate to meet the purposes set forth in Subsection D(1) of this section.

(1) 

The Zoning Board of Appeals shall have the authority to impose such reasonable conditions and restrictions as are directly related to furthering the purposes established in Subsection D(1).

F. 

The Zoning Board of Appeals shall follow the procedures set forth in § 267-a of New York State Town Law or § 81-a of New York State General City Law.