Canandaigua, N.Y., Code of Ordinances ch. 748 § 748-19
Appeal or variance
Operative Text
A. Variance or appeal from any part of this chapter that is deemed consistent to regulations mandated within the New York State Uniform Code and Energy Code shall be petitioned in accordance with the provisions of 19 NYCRR, titled "Variance Procedures," which is administered by the Secretary of State. B. Variance or appeal from any part of this chapter that is deemed consistent to regulations mandated only by the City of Canandaigua's Municipal Code shall be petitioned to the City of Canandaigua's Zoning Board of Appeals. The City of Canandaigua shall not waive, modify or otherwise alter this chapter that is deemed consistent to regulations mandated by the Uniform Code and Energy Code.
Section 748-19 of Canandaigua's Code of Ordinances establishes two separate tracks for challenging or seeking relief from housing code requirements. If the requirement in question originates from the New York State Uniform Code or Energy Code, any variance or appeal must go through the state-level process outlined in 19 NYCRR's 'Variance Procedures,' administered by the Secretary of State. If the requirement stems solely from Canandaigua's own Municipal Code, the City's Zoning Board of Appeals is the appropriate body. Notably, the City itself is prohibited from waiving or modifying any provision that traces back to the state Uniform Code or Energy Code.
Plain English — not legal advice.
Property owners and managers operating under ch. 748 § 748-19 generally identify whether a code requirement they wish to contest originates from state law or solely from Canandaigua's local ordinance before initiating any appeal. For state-sourced requirements under the Uniform Code or Energy Code, compliant operators direct their variance petitions to the Secretary of State's process under 19 NYCRR. For requirements that are purely local in origin, operators bring their variance requests before the City of Canandaigua's Zoning Board of Appeals, understanding that the City has no authority to grant relief from state-mandated provisions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 748-19, tenants and housing occupants benefit from knowing that certain protections rooted in the New York State Uniform Code and Energy Code cannot be waived or weakened by the City of Canandaigua itself. If a dispute arises over a code requirement, the correct forum depends on whether that requirement comes from state or local authority—state-based rules are appealed through the 19 NYCRR variance process, while purely local rules go to the Zoning Board of Appeals. Tenants who believe a variance or appeal may affect their housing conditions may wish to consult a tenant-rights organization or legal aid provider familiar with both state and local Canandaigua procedures.
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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