City of Canandaigua, NY Article IV Administration

[Amended 6-26-1986 by Ord. No. 86-7; 4-9-1987 by Ord. No. 87-7; 6-9-1988 by Ord. No. 88-4; 7-28-1988 by Ord. No. 88-2; 7-28-1988 by Ord. No. 88-3; 5-24-1990 by Ord. No. 90-8; 11-24-1992 by Ord. No. 92-19; 5-2-1996 by Ord. No. 96-004; 2-1-2001 by Ord. No. 2001-001; 7-19-2001 by Ord. No. 2001-010; 1-17-2002 by Ord. No. 2001-015; 1-17-2002 by Ord. No. 2001-016; 3-21-2002 by Ord. No. 2002-001; 6-20-2002 by Ord. No. 2002-007; 9-2-2004 by Ord. No. 2004-013; 10-7-2004by Ord. No. 2004-017; 8-4-2005 by Ord. No. 2005-012; 6-2-2005 by Ord. No. 2005-009; 12-15-2005 by Ord. No. 2005-20; 5-3-2007 by L.L. No. 1-2007]

§ 850-17 Zoning Officer.

A. Zoning enforcement. It shall be the duty of the Zoning Officer to administer and enforce the provisions of this chapter. He shall have such powers as are conferred upon him by this chapter and as reasonably may be implied in order to effectuate the intent of this chapter.

B. Powers and duties.

(1) Subject to such procedure and appeals as is hereinafter provided, the Zoning Officer shall have the authority to issue use permits and/or authorize the Code Enforcement Officer to issue use permits and building permits subject to Chapter 714, Article I, Administration and Enforcement, of the Code of the City of Canandaigua and the New York State Uniform Fire Prevention and Building Code, after determining that such plans are in conformance with the provisions of this chapter, including but not limited to the provisions set forth for subdivision review, special use permits, site plan review, architectural review, historic zoning and stormwater management and erosion control.

(2) It shall be the duty of the Zoning Officer, or his duly authorized assistants, to cause any plans, buildings or premises to be examined or inspected to determine that they are not in violation of the provisions of this chapter, or of any regulation, lawful notice or lawful order thereunder, or of any other law, ordinance or regulation enforced or administered by the Zoning Officer.

(3) Where the Zoning Officer in the course of his duties determines that any plans, buildings, or premises are in violation of the provisions of this chapter, or of any regulation, lawful notice or lawful order thereunder, or of any other law, ordinance, regulation enforced or administered by the Zoning Officer, he shall order the responsible party in writing to cease or remedy such condition or conduct. Such written order shall specify the nature of the violation found to exist, the remedy ordered and the time permitted for such action, the penalties and remedies which may be invoked by the City and the violator's rights of appeal, all as provided for by this chapter.

(a) On serving of notice upon the owner or any of the persons authorized to be served pursuant to § 850-7B of any violation of any of the provisions of this chapter or of any regulation, lawful notice or lawful order thereunder, the certificate of occupancy for such building or use shall be null and void and be treated in all respects as if revoked. A new certificate of occupancy shall be required for any further use of such building or premises.

(b) Whenever a building and use permit has become null and void or has been revoked, the Zoning Officer, before issuing the new building permit, may require the applicant to file an indemnity bond or letter of credit in favor of the City of Canandaigua with sufficient surety conditioned for and upon compliance with this chapter and all building laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building if it does not comply.

§ 850-18 Zoning Board of Appeals.

A. Creation of membership.

(1) There is hereby created a Zoning Board of Appeals having the powers authorized under § 81 of the General City Law of the State of New York and such powers and duties as are conferred by statute, charter, local law or ordinance. Said Board of Appeals shall consist of seven members. The Council shall appoint all members. All appointments to the Board of Appeals shall be for a term of three years. No citizen may serve more than three consecutive terms. Any vacancy occurring otherwise than by expiration of term shall be filled by appointment for the unexpired term only. After serving three consecutive full terms, the citizen will not be eligible for a new appointment to any Board until a period of three years has passed.

[Amended 2-11-2015 by Ord. No. 2014-013]

(2) The Zoning Officer shall be the Secretary of the Board of Appeals but may not vote on any matter before the Board.

B. Organization and procedure.

(1) Election of officers; meetings.

(a) The Board of Appeals shall elect a Chairman and Vice Chairman from its membership and may adopt rules and regulations consistent with law or ordinance.

(b) Meetings of the Board of Appeals shall be held at the call of the Chairman or Secretary, and at such other times as the Board may determine. The Chairman or, in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses.

(2) Meetings; minutes; records. Meetings of such Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. Such Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.

(3) Filing requirements. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board of Appeals shall be filed in the office of the City Clerk/Treasurer within five business days and shall be a public record.

(4) Assistance to the Board of Appeals. Such Board shall have the authority to call upon any department, agency or employee of the City for such assistance as shall be deemed necessary and as shall be authorized by the legislative body. Such department, agency or employee may be reimbursed for any expenses incurred as a result of such assistance.

(5) Hearing appeals. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to grant a use variance or area variance. Such appeal may be taken by any person aggrieved, or by an officer, department, board or bureau of the City.

(6) Filing of administrative decision and time of appeal.

(a) Each order, requirement, decision, interpretation or determination of the administrative official charged with the enforcement of this chapter shall be filed in the office of such administrative official within five business days from the day it is rendered, and shall be a public record.

(b) An appeal shall be taken within 60 days after the filing of any order, requirement, decision, interpretation or determination of the administrative official, by filing with such administrative official and with the Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The administrative official from whom the appeal is taken shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.

(7) Stay upon appeal. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative official charged with the enforcement of such ordinance or local law, from whom the appeal is taken, certifies to the Board of Appeals, after the notice of appeal shall have been filed with the administrative official, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.

(8) Public hearing on appeal.

(a) The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice of such hearing by publication in a paper of general circulation in the City at least five days prior to the date thereof.

(b) The Board of Appeals shall mail a notice of the hearing to all owners of property within 200 feet of the subject property

(c) Upon the hearing, any party may appear in person, or by agent or attorney.

(9) Time of decision. The Board of Appeals shall decide upon the appeal within 62 days after the conduct of said hearing. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.

(10) Filing of decision and notice. The decision of the Board of Appeals on the appeal shall be filed in the office of the City Clerk/Treasurer, within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.

(11) Notice to Park Commission and County Planning Board. At least five days before such hearing, the Board of Appeals shall mail notices thereof to the parties; to the Regional State Park Commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such appeal; and to the County Planning Board, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision 1 of § 239-m of the General Municipal Law.

(12) Compliance with State Environmental Quality Review Act. The Board of Appeals shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.

(13) Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reheard may be made by any member of the board. A unanimous vote of all members of the Board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the Board finds that the rights vested in persons acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced thereby.

(14) Voting requirements.

(a) Decision of the Board. Except as otherwise provided in Subsection B(13) of this section, every motion or resolution of a Board of Appeals shall require for its adoption the affirmative vote of a majority of all the members of the Board of Appeals as fully constituted regardless of vacancies or absences. Where an action is the subject of a referral to the County Planning Board the voting provisions of § 239-m of the General Municipal Law shall apply.

(b) Default denial of appeal. In exercising its appellate jurisdiction only, if an affirmative vote of a majority of all members of the Board is not attained on a motion or resolution to grant a variance or reverse any order, requirement, decision or determination of the enforcement official within the time allowed by Subsection B(9) of this section, the appeal is denied. The Board may amend the failed motion or resolution and vote on the amended motion or resolution within the time allowed without being subject to the rehearing process as set forth in Subsection B(13) of this section.

(15) Adjournments and withdrawals. An applicant wishing to withdraw an application pending before the Board of Appeals must withdraw said application by giving notice to the Zoning Officer at least 14 days before the regularly scheduled meeting of the Board of Appeals where such application would be on the agenda. An applicant can adjourn an application pending before the Board of Appeals only two times. Applications for such adjournments must be for good cause and must be made to the Zoning Officer at least 14 days prior to the meeting at which the application is scheduled to be heard or would be scheduled to be heard. The Zoning Officer may waive the fourteen-day requirement in the event of an emergency.

C. Powers and duties.

(1) Orders; requirements; decisions; interpretations; determinations. The 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) Use variances.

(a) "Use variance" shall mean the authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.

(b) The Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, shall have the power to grant use variances, as defined herein.

(c) No such use variance shall be granted by the Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:

[1] The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;

[2] The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;

[3] The requested use variance, if granted, will not alter the essential character of the neighborhood; and

[4] The alleged hardship has not been self-created.

(d) The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

(3) Area variances.

(a) "Area variance" shall mean the authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.

(b) The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such ordinance or local law, to grant area variances as defined herein.

(c) In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the board shall also consider:

[1] Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;

[2] Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance;

[3] Whether the requested area variance is substantial;

[4] Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

[5] Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.

(d) The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

(4) Imposition of conditions. The Board of Appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.

(5) Authorize temporary uses:

(a) To grant, after due notice and hearing, the temporary occupancy and use of a structure in any district for a purpose that does not conform with the district requirements; provided that such occupancy and use is truly of a temporary nature and subject to any reasonable conditions and safeguards which the Board of Appeals may impose to minimize the injurious effect upon the neighborhood or to protect contiguous property.

(b) The approval of the Board of Appeals of any permit based thereon, for such temporary occupancy and use, shall not be granted for a period of more than 12 months and shall not be renewable more than once, and then for a period of not more than 12 months.

D. Public hearings and notice. The Board of Appeals shall fix a reasonable time for the hearing on appeal or applications and give due notice to the following officials, persons and owners of property not less than five days prior to the day of hearing:

(1) Public hearings and notice when appealing action of the Zoning Officer. In case of any appeal alleging error or misinterpretation in any order or other action by the Zoning Officer, the required notice shall be given to the Zoning Officer, the appellant and the person or persons, if any, who benefit from the order, requirement, regulation or determination; and all owners of property within 200 feet of the nearest line of the property affected by the action.

(2) When appealing for variance. In case of an appeal for variance, as provided for in this chapter, all owners of property within 200 feet of the nearest line of the property for which the variance is sought, and to such other property owners as the Secretary of the Board of Appeals may direct.

(3) Other appeals.

(a) In case of a request for an application to build in the bed of a mapped street, the Secretary of the Board of Appeals shall transmit all the necessary documentation to the Planning Commission as required by the provisions of this chapter.

(b) Prior to, or at the time of the hearing, the Planning Commission shall submit a report as to the probable effect such an application would have on the land use plan, public health, safety and welfare of the City of Canandaigua if approved.

(4) Adjournment of hearing. Upon the day for hearing any application or appeal, the Board of Appeals may adjourn the hearing for a reasonable period for the purpose of causing such other property owners as it decides may be interested in said application or appeal.

(5) Required interval for hearings on applications and appeals after denial. Whenever the Board of Appeals, after hearing all the evidence presented upon an application or appeal, under the provisions of this chapter, denies the same or refuses to recommend to Council, the Board shall refuse to hold further hearings on the said or substantially similar application or appeal by the same applicant, their successor or assign for a period of one year, except and unless the Board shall find and determine from the information supplied by the request for a rehearing, that changed conditions have occurred relating to the promotion of the public health, safety, convenience, comfort, prosperity and general welfare and that a reconsideration is justified.

E. Consideration of applicant's past performance. In considering applications for variances, temporary uses, or any other applications or appeals specified in this chapter or any other section of the Municipal Code of the City of Canandaigua, the Board of Appeals shall consider, in addition to all other specified criteria and standards, the applicant's history of compliance with Chapter 748, Housing Standards, of this Code, with other sections of this chapter, with the New York State Uniform Fire Prevention and Building Codes, and with prior determinations of and conditions imposed by the Board and the Planning Commission.

§ 850-19 Planning Commission.

A. Creation of membership.

(1) The Planning Commission established pursuant to the Charter of the City of Canandaigua shall have all the powers and duties as hereinafter set forth in this chapter, any other provisions of this Code or any other provisions of law.

(2) The Zoning Officer shall be the Clerk of the Planning Commission but may not vote on any matter before the Planning Commission.

B. Organization and procedure.

(1) Election of officers; meetings.

(a) The Planning Commission shall elect a Chairman and Vice Chairman from its membership and may adopt rules and regulations consistent with law or ordinance.

(b) Meetings of the Planning Commission shall be held at the call of the Chairman or Secretary, and at such other times as the Board may determine.

(2) Meetings; minutes; records. Meetings of the Planning Commission shall be open to the public to the extent provided in Article 7 of the Public Officers Law. The Planning Commission shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.

(3) Filing requirements. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Planning Commission shall be filed in the office of the City Clerk/Treasurer within five business days and shall be a public record, and a copy thereof mailed to the applicant.

(4) Assistance to the Planning Commission. The Planning Commission shall have the authority to call upon any department, agency or employee of the City for such assistance as shall be deemed necessary and as shall be authorized by the legislative body. Such department, agency or employee may be reimbursed for any expenses incurred as a result of such assistance.

(5) Hearing appeals. The concurring vote of a majority of the members of the Planning Commission shall be necessary to carry any motion of the body.

(6) Public hearings, when required.

(a) The Planning Commission shall fix a reasonable time for the hearing of the appeal or other matter referred to it and give public notice of such hearing by publication in a paper of general circulation in the City at least five days prior to the date thereof.

(b) The Planning Commission shall mail a notice of the hearing to all owners of property within 200 feet of the subject property.

(c) Upon the hearing, any party may appear in person, or by agent or attorney.

(7) Time of decision. The Planning Commission shall decide upon all applications within 62 days after the conduct of said hearing. The time within which the Planning Commission must render its decision may be extended by mutual consent of the applicant and the Commission. If an affirmative vote of a majority of all members of the Planning Commission is not attained on a motion or resolution the application shall be approved by default without conditions or modifications.

(8) Notice to Park Commission and County Planning Board. At least five days before such hearing, the Planning Commission shall mail notices thereof to the parties; to the Regional State Park Commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such application; and to the County Planning Board, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision 1 of § 239-m of the General Municipal Law.

(9) Compliance with State Environmental Quality Review Act. The Planning Commission shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.

(10) Voting requirements. Every motion or resolution of the Planning Commission shall require for its adoption the affirmative vote of a majority of all the members of the Planning Commission as fully constituted regardless of vacancies or absences. Where an action is the subject of a referral to the County Planning Board the voting provisions of § 239-m of the General Municipal Law shall apply.

C. Powers and duties.

(1) Site plan review.

(a) The City Planning Commission is hereby authorized to review and approve, approve with modifications or disapprove site plans as defined by and in accordance with procedures set forth in General City Law § 27-a.

(b) Criteria for review.

[1] The Zoning Officer or Code Enforcement Officer shall promptly refer to the Planning Commission for site plan review every application for a building permit for the proposed new construction or the expansion, alteration or modification of an existing building or use in any district, excluding the following:

[a] New construction of single- and two-family residential buildings.

[b] Expansion, alteration or modification of an existing residential building of one to four units in any district.

[c] New construction or the expansion, alteration or modification of accessory structures on residential properties.

[2] In reviewing site plans, the Planning Commission shall determine that the proposed site plan and structures will compare favorably with community standards, other neighborhood improvements, and the properly intended and planned appearance throughout any street or neighborhood, using the intent and objectives of the Comprehensive Plan and of this chapter.

[3] A public hearing shall be conducted in accordance with General City Law § 27-a.

[4] In reviewing said site plans, the Planning Commission shall determine that all of the requirements of this chapter are maintained, including off-street parking regulations, landscaping, buffering, and all other considerations contained in Article VIII, Special Regulations, and the schedules of this chapter, and architectural review as contained in Subsection C(3) of this section.

(c) Required submissions. The applicant shall submit through the Zoning Officer the following plans and drawings:

[1] A site plan or plans, drawn at a scale adequate to show clearly the following:

[a] The dimensions, orientation, and acreage of each lot or plot to be built on or otherwise used;

[b] Layout of the entire project, and its relation to surrounding properties and existing buildings thereon;

[c] Location and dimensions of all buildings existing and to be constructed on the subject property, including setback dimensions from property lines;

[d] Location and dimensions of points of entry and exit for motor vehicles, and internal vehicular circulation patterns, including road widths;

[e] Location and layout of all areas to be used for off-street parking, loading and unloading, including notation of materials to be used for surfacing such areas;

[f] The location and dimensions of sidewalks, walkways and other areas established for pedestrian use;

[g] Location of any proposed water, sewer, or storm drainage lines;

[h] Locations of existing and proposed landscaping, plantings, and screenings, including identification of botanical species, and the design and treatment of open areas, buffer areas and screening devices, including dimensions of all areas devoted to lawns, trees and other landscaping devices;

[i] Location of walls, fences, and railings, and the indication of their height and materials of their construction;

[j] Indication of exterior lighting adequate to determine its character and enable review of possible hazards and disturbances to the public and adjacent properties;

[k] Location of any proposed signage.

[2] For any development proposed on site areas which have previously been land filled, or where the history of the site may indicate past burying or dumping of contaminated materials: soil boring tests adequate to determine the nature of the fill soils and other buried materials on site;

[3] For any proposed structures in excess of 35 feet in height above existing grade level: soil boring tests adequate to determine the depth to bedrock and the bearing capacity of the subsurface soils;

[4] Other such data and plans as the Planning Commission may deem necessary, including:

[a] Existing and proposed topography and natural features of the site.

[b] Identification of any portions of the site susceptible to flooding or ponding, and permeability of the site soils.

[c] A drainage report which indicates whether the proposed method of stormwater disposal will adequately handle the quantity of runoff from the developed and adjacent sites, if pertinent.

[d] Landscape plans (per Subsection C(1)(c)[1][h] above) prepared and stamped by a licensed landscape architect.

(2) Approval of special use permits.

(a) The City Planning Commission is hereby authorized to approve special use permits as defined by and in accordance with procedures set forth in General City Law § 27-b.

(b) All applications for special use permit shall be made to the Zoning Officer. The Zoning Officer, after determining that an application is in proper form, shall transmit copies of the application and all supporting documents to the Planning Commission for action thereon.

(c) The Planning Commission shall review the proposal and evaluate the proposed use and its relationship and conformity to the goals and objectives and policies established by the Comprehensive Plan and this chapter.

(d) One copy of the application and supporting documents shall also be transmitted to the County Planning Board for review where required by state law (General Municipal Law § 239-m).

(e) The Planning Commission shall review the application and within 45 days after the receipt of such application the Planning Commission shall conduct a public hearing on applications referred to it by the Zoning Officer in accordance with the procedures and requirements established elsewhere in this chapter.

(f) Within 60 days from the date of such public hearings, the Planning Commission shall either approve or disapprove the application so heard.

(g) In approving the application, the Planning Commission may impose any modifications or conditions to the use or other plans as will, in its opinion, cause the proposed use to be in substantial conformance with the Comprehensive Plan, its principles of land use and development, and any other such modifications of conditions it deems necessary to carry out the intent of this chapter or to protect the health, safety or general welfare of the public.

[1] If an application is approved by the Planning Commission, the Zoning Officer shall be furnished with a copy of the approval of the Commission and he shall issue the permit applied for in accordance with the conditions imposed by the Planning Commission.

[2] If any application is disapproved by the Planning Commission, the reasons for such denial shall be set forth by the Commission and a copy of such decision shall be transmitted to the Code Enforcement Officer. The Zoning Officer shall deny the application accordingly by providing the applicant with a copy of the Commission's reasons for disapproval.

[Amended 6-19-2008 by Ord. No. 2008-013]

[3] The Zoning Officer shall transmit one copy of all approved applications to the City Assessor.

[4] Special permits issued pursuant to this section shall expire one year after the date of issuance thereof. If during the one-year period the project is not initiated the permit shall be considered null and void.

[a] If the project is not completed within one year of the date of the permit, the applicant shall apply for an extension for a period not to exceed one year. The process for an extension shall be the same as for an initial application for a permit and shall include a statement justifying the extension.

[b] In approving an extension the Zoning Officer acting on the findings of the Planning Commission may impose safeguards to protect the public interest.

[5] Any special use permit may be revoked by the Zoning Officer if it is determined that any of the requirements of § 850-78, Home occupation, of this chapter, or any conditions imposed by the Planning Commission in approving the special use permit, have been violated.[1]

[1] Editor’s Note: Former Subsection C(2)(g)[6], as amended 6-4-2009 by Ord. No. 2009-004, which immediately followed and provided for temporary, renewable special use permits, was repealed 12-1-2016 by Ord. No. 2016-012.

(3) Architectural review.

(a) The Zoning Officer or Code Enforcement Officer shall promptly refer to the Planning Commission for architectural review every application for a building permit, sign permit or site plan review for the proposed new construction, or the expansion, alteration or modification of an existing building or use in any district, excluding the following:

[1] New construction of single- and two-family residential buildings.

[2] Expansion, alteration or modification of an existing residential building of one to four units in any district.

[3] New construction or the expansion, alteration or modification of accessory structures on residential properties.

(b) Procedure for architectural review.

[1] The Planning Commission shall approve, approve conditionally subject to specified modifications, or disapprove any application for architectural review and shall inform the Zoning Officer and the applicant of its decision. The Chairman shall also sign all prints submitted to the Commission signifying its approval.

[2] The Planning Commission shall disapprove such plans if it finds that the structure or building for which the permit was applied would, if erected or altered, be so detrimental of the surrounding area as to provide one or more harmful effects by reason of:

[a] Inappropriateness in relation to the established character of other existing structures in the immediate area or neighboring areas where a definite style or character has been established or the character of the City as a whole in respect to significant design features such as materials or quality of architectural design; or

[b] Elimination or reduction of public views of scenic features in the vicinity of the structure; or

[c] Incompatibility with the natural features of the site and surrounding natural environment; provided that a finding of inappropriateness shall state not only that such inappropriateness exists, but that it is of such a nature as to be reasonably expected to adversely affect the desirability of the immediate area of neighboring areas for uses which are permitted by the Zoning Ordinance and/or to adversely affect property values and prevent appropriate development and use of such areas, and that the finding of inappropriateness is not based on personal preference as to taste or choice of architectural style.

[3] In conducting architectural review, the Planning Commission shall generally rely upon and adhere to the adopted architectural standards. The City Council shall approve and adopt, by resolution, architectural standards to guide the Planning Commission and provide a basis for consistent determinations in the implementation of architectural review.[2]

[Amended 5-5-2016 by Ord. No. 2016-003]

[2] Editor's Note: The Architectural Standards are included as an attachment to this chapter.

[4] If the Commission disapproves of such plans, it shall state its reasons for doing so and shall transmit a record of such action and reasons thereof in writing to the applicant. The Commission may advise what it thinks is proper if it disapproves of the plans submitted. The applicant, if he so desires, may make modification of his plans and shall have the right to resubmit his application at any time after so doing.

[5] The Code Enforcement Officer shall refuse any building permit application disapproved as provided in Subsection C(3)(b)[2]. If the Planning Commission shall fail to disapprove any such application referred to it within the 45 days of the date of referral, or if the Commission shall approve any such application, the Code Enforcement Officer shall issue the building permit, provided that it conforms in all respects to all other applicable laws, codes and ordinances.

[Amended 6-19-2008 by Ord. No. 2008-013]

(c) Appeals. Any person aggrieved by the action of the Planning Commission in disapproving or suggesting modification of a building permit application, and of the Code Enforcement Officer in denying such permit because of such disapproval or suggested modification, may seek such remedies as may be provided for by general law.

[Amended 6-19-2008 by Ord. No. 2008-013]

(d) Application. The provisions of Subsection C(3) shall be in addition to and shall in no manner supersede or nullify any other provisions contained in this chapter.

(4) Biannual report to the Council. Following enactment of this chapter, the Commission shall from time to time prepare and file with City Council, but in no case at less than two-year intervals, a report on the operation of this chapter, including recommendations as to the enactment of amendment, supplements or changes thereto.

D. Consideration of applicant's past performance. In considering applications for special uses or site plan review, or any other applications or appeals specified in this chapter, the Planning Commission shall consider, in addition to all other specified criteria and standards, the applicant's history of compliance with Chapter 748, Housing Standards, of the Code of the City of Canandaigua, with other provisions of this chapter, with the New York State Uniform Fire Prevention and Building Code and with prior determination of and conditions imposed by the Planning Commission and Zoning Board of Appeals.

§ 850-20 Permit and application fees.

A. Fee schedule. The permit fee for the development of property, construction or demolition of buildings or structures, erection of signs, issuance of occupancy permits, applications for special use permits, site plan review, architectural review, occupancy permits, appeals for use and area variances, and amendments to applications, rehearings and appeals on applications shall be set by resolution of the City Council.

B. Reimbursement for review expenses.

(1) All additional expenses incurred by the City in the review and processing of the application, including consultant fees, shall be charged back to the applicant as a fee related to the application submitted.

(2) As a condition to any application, the applicant shall acknowledge in writing their obligation of fee reimbursement consistent with this article, and shall be obligated to reimburse the City of Canandaigua for all costs incurred in conjunction with any such application.

(3) Upon determination by the Planning Commission or Board of Appeals that consultant services will be required for the review of a particular application, the developer shall submit a deposit in the amount of $5,000, or such lesser amount as the Planning Commission or Board of Appeals shall determine, to the City of Canandaigua. This fee will be kept in an interest-bearing account by the City of Canandaigua. As the City of Canandaigua expends monies to review the application and/or its environmental impact, including but not limited to consultant costs and attorney's fees, the City of Canandaigua shall reimburse itself for all such expenditures from this account or from other monies paid by the developer. As the City reimburses itself from this account, the developer shall deposit additional monies sufficient to maintain the fund at the previously determined level. Interest on the account and remaining monies in the account, when the development is completed, shall be returned to the developer.