Canton City Zoning Code
ARTICLE II
Permit and Approval Process
§ 325-6 Permits required; types of approval.
A.
No development may be commenced within the Village prior to the issuance of all relevant permits or approvals.
B.
Violations and unpaid fines, bills and taxes.
(1)
No application pursuant to this chapter shall be processed if there is a violation of the Municipal Code of the Village of Canton (Village Code) on the lot or building that is the subject of the application, until the violation is abated, unless the application is necessary to abate the violation.
(2)
No application under this chapter shall be processed without proof that all taxes, water bills, fines related to violations of the Village Code and all other fees payable to the Village from the applicant or the owners are paid in full.
C.
Types of approvals.
(2)
Planned development districts. All planned development district applications shall be subject to the provisions of Article X.
(3)
Sign permit. All sign permit applications shall be subject to the sign regulations contained in Article IX, Signage.
(4)
Site plan approvals. Site plan review and approval shall be required for all proposed uses except agriculture, single- and two-family dwellings and their accessory uses other than major home-based businesses. The site plan review and approval process is provided in Article XII.
D.
Change of use or structure. A change of use is the initiation of a use that is in a different use category, as listed in Schedule A of this chapter,[1] from the existing use of the site or structure. A change of ownership, tenancy or occupancy, or a change from one use to another within the same category, shall not be considered a change of use.
(1)
Uses by right. Any change of use of land or existing structures to a use permitted by right without site plan review shall not require approval from the Planning Board but shall require a zoning permit.
(2)
Uses by right subject to site plan review. Any change of the use of an existing structure to a use permitted by right subject to site plan review as provided in § 325-89, shall require site plan review to ensure all requirements related to the new use are being met on site.
(3)
Uses by special use permit.
(a)
A special use permit shall be required for any change of use from a use that does not require a special use permit to a use that does require a special use permit.
(b)
Once a special use permit has been granted, it shall run with the land and apply to the approved use and to all subsequent owners, tenants and occupants engaged in the same use. The special use permit shall also apply to any subsequent use of the property in the same use category, provided that such use has no greater impact on adjoining properties, complies with all terms and conditions of the special use permit, and does not involve new construction, enlargement, exterior alteration of existing structures, increased parking or other changed use of outdoor areas. Any change to another use allowed by special use permit shall require the granting of a new special use permit or a special use permit amendment.
(4)
Rebuilding, replacement and expansion of structures. The rebuilding or replacement on the same footprint of any structure for a use which requires site plan review and/or a special use permit shall require site plan review, even if it is a continuation of the same use.
[1]
Editor's Note: Schedule A, Permitted Uses, is included as an attachment to this chapter.
§ 325-7 Fees and expenses.
A.
Fees required by this chapter shall be paid upon application submission.
B.
Fees related to this chapter shall be set forth in a fee schedule established by the Village Board. The Village Board shall also have the power to amend the fee schedule, from time to time, in its discretion when circumstances warrant such changes.
§ 325-8 Professional assistance.
The Planning Board or Zoning Board of Appeals may, at its discretion, engage the services of planning, engineering, legal, environmental or other professional consultants, at the expense of the applicant, for the review of applications involving significant issues beyond the scope or complexity of normal review. The Planning Board and Zoning Board of Appeals may require costs to be paid in advance into an escrow account to be held and managed by the Village and may deny an application upon failure of the applicant to make such payment in a timely manner. The Village Attorney shall establish the terms of the account in consultation with the Planning Board and/or the Zoning Board of Appeals and shall provide a monthly accounting of the escrow account to the applicant and provisions for further funding of the escrow account when the balance is drawn down to a specified amount.
§ 325-9 Performance bond.
To ensure the completion of required public infrastructure and other improvements, such as but not limited to roads, stormwater infrastructure, landscaping, lighting, signage, trails, parks or other improvements required by the Planning Board, the Planning Board, may require, as a condition of approval, a performance bond or other security in such form and from a source acceptable to the Village Board in an amount sufficient to cover the estimated cost of completion of the improvements. Such bond or other acceptable form of security shall comply with the requirements of § 7-725-a of the NYS Village Law relating to performance bonds and other securities.
§ 325-10 Compliance with Environmental Quality Review Act.
The Village shall comply with the provisions of the NYS Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in Title 6, Part 617 of the NYS Codes, Rules and Regulations. Upon receipt of any complete application, the Village or any officer, department or board of the Village shall initiate the NYS environmental quality review process by issuing a determination of significance.
§ 325-11 Referrals under General Municipal Law.
Site plans, special use permits, variances and other planning and zoning activities shall be referred to the St. Lawrence County Planning Board in accordance with the criteria and procedures of §§ 239-l, 239-m, 239-n and 239-nn of the NYS General Municipal Law.
§ 325-12 Public hearing and meeting notification process.
A.
All notices of public hearings and meetings shall be posted and published in accordance with NYS Public Officers Law Article 7, Open Meetings Law (§ 104.)
B.
Notifications of public hearings related to site plan review, special use permits, subdivisions, variances and appeals shall be conducted in the following manner:
(1)
Such public hearing shall be advertised in the Village's official newspaper or, if there is none, in a newspaper of general circulation in the Village, at least 10 days before the public hearing.
(2)
The Planning Board or Zoning Board of Appeals shall send a notice of such public hearing by standard U.S. mail to all property owners within 100 feet of the property affected by the proposed application, including properties on the opposite side of the street or highway.
(3)
If the land involved in an application is within 500 feet of the boundary of any other municipality, a notice of the public hearing shall be provided to the municipal clerk of such other municipality as required by NYS General Municipal Law § 239-nn.