Canandaigua, N.Y., Code of Ordinances ch. 748 § 748-20
Rules governing appeals or variances before Zoning Board of Appeals
Operative Text
The following rules shall govern hearings by the Zoning Board of Appeals on these matters: A. Grounds for appeal. The grounds for such variance or appeal shall include the following: (1) Undue economic hardship or burden. (2) Restriction from the achievement of a valid state or federal policy. (3) Physical or legal impossibility. (4) Impediment to the intended objective of the regulation. (5) Unnecessary, in light of viable alternatives which meet the intended objective of the more stringent ordinance, etc. B. Time to appeal. The Zoning Board of Appeals shall accept appeal or variance petitions filed within 60 days of the final order issued by the Code Enforcement Officer. C. Appeal procedure. The Zoning Board of Appeals shall conduct an open hearing in accordance with procedures set forth pursuant to provisions of the General City Law , prescribed statutes, its bylaws and procedures and provide for expeditious determination which shall be binding upon the petitioner and upon the municipal authorities involved within 60 days of the date of hearing. D. Fees for appeal. Upon filing of petition of appeal, a payment of a standard fee for an application before the Zoning Board of Appeals shall be paid to the Code Enforcement Officer to defray the expenses of the public hearing and other expenses incidental thereto.
Section 748-20 of Canandaigua's Code of Ordinances establishes the procedural framework for appealing zoning decisions or seeking variances before the Zoning Board of Appeals. Valid grounds for appeal include economic hardship, conflict with state or federal policy, physical or legal impossibility, interference with a regulation's intended purpose, or the existence of viable alternatives. Appeals must be filed within 60 days of a final order from the Code Enforcement Officer, and the Board must issue a binding determination within 60 days of the hearing date. A standard filing fee is required at the time of petition submission.
Plain English — not legal advice.
Under § 748-20, property owners and managers who receive a final order from the Code Enforcement Officer have a 60-day window to file a petition for appeal or variance with the Zoning Board of Appeals. Compliant operators generally document the specific grounds for their appeal—such as undue economic hardship or the existence of viable alternatives—and submit the required standard fee to the Code Enforcement Officer at the time of filing. The Board conducts an open public hearing and issues a binding decision within 60 days of that hearing, so operators typically maintain organized records of all correspondence and orders to support timely action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 748-20 provides a formal avenue for any affected party, including tenants, to challenge a zoning decision or seek a variance before the Canandaigua Zoning Board of Appeals. Recognized grounds under this provision include undue economic hardship, physical or legal impossibility, and situations where the regulation impedes its own intended objective, among others. Tenants who believe a zoning order affects their housing situation may consult a local tenant-rights organization or legal aid service to understand whether filing a petition within the 60-day deadline—and paying the associated standard fee—is an appropriate path to pursue.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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