Canton City Zoning Code
ARTICLE VI
Overlay District Standards
§ 325-21 Historic District Overlay District.
A.
Purpose. The purpose of the Historic District Overlay (HDO) is to protect the historic and heritage resources of the Village downtown. Historic and heritage resources are part of the community's physical and visual environment. Protection of these resources serves not only to enhance the physical and aesthetic environment of the community, but also encourages public knowledge and understanding of Canton's past and fosters civic and neighborhood pride and sense of identity. The HDO includes properties based on the following criteria:
(1)
Properties in the Village's downtown listed on the National Register of Historic Places.
(2)
Properties not in the National Register district boundary but in the adjacent area that: are identified as having historic, architectural, cultural or aesthetic significance; are located in reasonable proximity to the registration area; are maintained and developed in a manner that will avoid the loss of intrinsic features or character; avoid new design, alteration, improvement or development which is incompatible with or damaging to historic fabric; avoid negative aesthetic impacts due to new construction; and protect such properties which may be threatened by the forces of change.
(3)
Other areas within the Village may be identified as having special character or historical, architectural or aesthetic interest or value which should be protected in furtherance of the public interest.
B. ALTERATION DESIGN EXTERIOR ARCHITECTURAL FEATURE HISTORIC DISTRICT IMPROVEMENT
Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them below, unless the context or the provision clearly requires otherwise:
Any exterior change or modification of a property, including but not limited to exterior changes to or modifications of structure, architectural details or visual characteristics, grading, surface paving, painting or resurfacing to a different color or material, the addition of new structures, removal or alteration of natural features, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, walls, fences, steps or gates affecting the exterior visual qualities of the property; does not include landscaping and ordinary maintenance.
The combination of details or features of a building or structure.
The architectural elements embodying style, design, general arrangement and components of all the outer surfaces of an improvement, including but not limited to the kind and texture of building materials and the type and style of windows, doors, lights, signs and other fixtures appurtenant to such improvement.
The Canton Historic District, being the distinct section or sections of the Village designated as an Historic District pursuant to this section. Said Historic District shall be defined in terms of geographic boundaries as shown on the map maintained in the office of the Village Clerk and titled "Downtown Properties Included Within Historic District" and any amendments thereto. Said Historic District shall be further defined in terms of geographic boundaries as shown on any supplemental maps filed with the office of the Village Clerk, which shall reflect additions of property within said district.
Any building, structure, parking facility, fence, gate, wall, work of art or other appurtenance or addition thereto constituting a physical betterment of real property, or any part of such betterment.
C.
Property included in the HDO.
(1)
Notwithstanding the inclusion of the HDO on the Zoning Map, the boundary of the district shall include the following properties:
(a)
Those properties listed on the National Register of Historic Places on May 6, 1975, which comprise the area otherwise known as the "Village Park Historic District." These properties include:
[1]
103 through 123 Main Street.
[2]
127 Main Street.
[3]
3 East Main Street (Silas Wright House).
[4]
3 1/2 East Main Street (Unitarian Universalist Church).
[5]
5 East Main Street (First Baptist Church and parsonage).
[6]
1 Park Place.
[7]
2 Park Place.
[8]
3 Park Place.
[9]
7 Park Place.
[10]
8 Park Street.
[11]
14 Park Street.
[12]
Benton Memorial Library;
(b)
Those properties listed on the National Register of Historic Places on September 29, 1983, which comprise the area otherwise known as the "Village Park Historic District (Boundary Increase)":
(c)
The Park, which comprises part of the area otherwise known as the "Village Park Historic District," and which is bordered by Main Street on the north, Park Place on the east and south, and Park Street on the west;
(d)
The property listed on the National Register of Historic Places on November 17, 1988, at 100 Main Street (United States Post Office building);
(e)
Willow Island and Falls Island; and
(f)
All other property on Main Street, East Main Street, West Main Street, Park Place, Park Street, Court Street, Hodskin Street and Riverside Drive that is included within the boundaries of the map titled "Downtown Properties Included Within Historic District," which shall be filed with the office of the Village Clerk.
(2)
Property other than that described in Subsection C(1) above may become part of the Historic District. There shall be no requirement that the property be contiguous to property then part of the HDO.
(a)
The determination as to whether a property shall be included within the Historic District shall be made by the Village Board.
(b)
Application to the Village Board for the inclusion of property within the Historic District may be made by any of the following:
[1]
The property owner may request the inclusion of the property within the Historic District.
[2]
The owners of at least 60% of the recorded lots within a specific geographic section of the Village may request designation of the entire section as part of the HDO.
[3]
The Village Board may, by resolution, refer a proposed designation to the Planning Board for its recommendation.
[4]
The Planning Board may recommend the inclusion of specific property within the HDO.
D.
Standards for properties in the district.
(1)
Property maintenance.
(a)
The owner, occupant or the person in actual charge of property located within the HDO shall keep and maintain in good condition and repair all exterior portions thereof (including front, back and side exterior walls and facades) and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature.
(b)
Except as may be specifically conditioned or excepted thereby, said standards and regulations shall apply to all exterior portions of any building or structure (including front, back and side exterior walls and facades) within the HDO. Except as may be specifically conditioned or excepted thereby, said standards and regulations shall also apply to any interior portion of such building or structure that may be viewed from the outside, and the regulation of which has a reasonable relation to the purposes and objectives identified by this section.
E.
Building maintenance and rehabilitation standards for maintaining structures in the HDO. The purpose of these standards is to maintain compatibility with the character, and to protect the historic, architectural, cultural and aesthetic significance, of buildings and structures within the Canton Historic District.
(2)
Exterior painting and siding of buildings.
(a)
The colors that may be used on the exterior of buildings and visible roofs shall be chosen from among the selection of colors accepted by the Village Board. The selection of approved paint colors (paint chips) shall be maintained and made available by the Code Enforcement Officer. The selection of approved paint colors may be updated from time to time by the Village Board.
(b)
The applicant for a permit to alter the exterior color(s) of a building shall provide the Code Enforcement Officer with a color photograph of the building to be painted and paint chips of the proposed new colors.
(c)
High-gloss paints and fluorescent colors shall not be allowed on a building exterior.
(d)
Unpainted exterior brick or stone shall not be painted or concealed. Painted exterior brick or stone shall not be concealed.
(e)
No permit shall be required for exterior repainting with the same color(s). However, a permit shall be required for exterior repainting either with a different color(s) or with the same color(s) used in any different pattern or proportionality.
(f)
Any change of exterior construction materials, including siding, must be reviewed and approved by the Planning Board. No vinyl, metal or aluminum siding shall be permitted for use on any building.
(g)
Any new construction or exterior remodeling shall have the building faced with red brick or other noncombustible building material appropriate to the building.
(3)
Windows and doors.
(a)
Windows and doors shall not be diminished in size from the original; however, windows with rounded tops may be squared off.
(b)
Window frames and door frames shall have paintable surfaces.
(c)
New aluminum combination storm/screen windows or doors shall not be permitted.
(d)
Any plastic covering over windows or doors shall not be allowed, except for emergency temporary repairs.
(4)
Any restoration of exterior areas shall include replacement of cornices when needed to be consistent with neighboring buildings, unless they are shown to have been architecturally unique initially.
(5)
No neon signs shall be installed or displayed on the outside wall or facade of any building or structure. No neon sign shall be visible from the inside of any window of any building or structure larger than 20% of the total glass area of the side of the building or structure on which said neon sign is to be placed.
(6)
No external antennas shall be mounted on any building or structure, except upon the rooftop of such building or structure.
(7)
No outside air conditioning or heating unit that may be viewed from the street shall be allowed unless it is located upon the rooftop or on the ground floor in the rear of a building or structure.
(8)
No handicapped-accessible ramp or walkway shall protrude or extend into or upon the sidewalk in the front of any building or structure. However, a handicapped-accessible ramp or walkway may be located at the back or side of a building.
F.
Planning Board site plan review and permitting process.
(1)
Except as otherwise exempted by the provisions of Article XII, Site Plan Review, of this chapter, all land use activities within the HDO shall be subject to site plan review. No new construction, exterior alteration or improvement or demolition of any building or structure or portion thereof shall be undertaken except pursuant to review and approval by the Planning Board and a permit issued by the Code Enforcement Officer.
(a)
Nothing herein shall prevent the demolition and clearance of any building or structure the Code Enforcement Officer determines to pose a clear and present danger to health and safety.
(b)
Nothing herein shall be construed to prevent the ordinary maintenance, landscaping or repair of any exterior feature in or upon any property located within the HDO that does not involve a change in design, material or the external appearance thereof.
(2)
An application for a permit pursuant to this section shall be filed with the Code Enforcement Officer and shall contain the name and address of the applicant, the owner of the property in question, the address of the property in question, and a photograph and Site plan drawn to scale of the property in question, together with a full description of the work proposed, including color or material samples and, where feasible, architectural drawings and elevations.
(3)
The application shall contain information on the proposed work as it relates to adjacent properties, including photographs, if possible. In the case of a proposed alteration or proposed improvement of an existing building or structure, the applicant shall provide any available information concerning the history and prior appearance of the property, including any available drawings and photographs. Where the application is for demolition or removal of a building or structure, a detailed statement of the necessity for demolition or removal, together with photographs of the structure to be demolished or removed, shall be provided.
(4)
The Code Enforcement Officer shall be authorized to issue a permit approving paint colors for use in the painting of a building or structure within the HDO.
(5)
The Planning Board shall review all other applications, with the exception of paint colors, for the construction, exterior alteration or improvement, or demolition of any building or structure or portion thereof. Planning Board approval and Code Enforcement Officer issuance of a permit shall be authorized if it is determined that:
(a)
The proposed work is consistent with the purposes and objectives of this section;
(b)
The proposed work does not adversely affect the character of the building or structure, nor of the surrounding HDO; and
(c)
In the case of construction of a new building, structure or other improvement, the exterior of such improvement will not adversely affect and will be compatible with the external appearance of the other properties in the HDO.
(6)
Notwithstanding the foregoing, an application for a permit to conduct any proposed work upon a property located within the HDO may be approved if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will create immediate and substantial hardship on the applicant (not of the applicant's making) because of conditions peculiar to the person seeking to carry out the proposed work or because of conditions peculiar to the particular improvement, building, structure, topography or other feature involved. If a hardship is found to exist, the Code Enforcement Officer or Planning Board, or Village Board on appeal, shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such finding.
(7)
The application shall be submitted and determined as follows: The Planning Board shall review the application with reference to the criteria identified in this section. As part of its review, the Planning Board shall consult with the Village Historian. Within 30 days after referral of an application, the Planning Board shall report, in writing, to the Code Enforcement Officer its evaluation of the proposed work in relation to the criteria stated in this section. If the proposed work is acceptable, the Planning Board shall approve the application and authorize issuance of the permit by the Code Enforcement Officer. If the proposed work is rejected by the Planning Board, the report shall state the reasons for rejection, and may recommend how the proposed work can be modified to make it acceptable. If the applicant agrees, in writing, to modify the proposed work as recommended by Planning Board, the permit shall be issued by the Code Enforcement Officer. The Planning Board's written decision shall be provided to the applicant and shall be filed with the office of the Village Clerk and the office of the Code Enforcement Officer.
§ 325-22 Waterfront Overlay District.
A.
Purpose:
(1)
To ensure that development and land or water use activities occur in harmony with the environmental and ecological systems of the Grasse River as identified in the Canton Waterfront Revitalization Plan.
(2)
To promote the maintenance and/or extension of public access to the river in a manner that is compatible with the primary purpose of a proposed development or activity.
(3)
To encourage appropriate and safe water surface use on the river.
(4)
To preserve, to the maximum extent practical, the existing vegetation and natural features along the Grasse River and to prevent, as much as possible, erosion, sedimentation and problems with drainage both during and after construction.
B.
Applicability. All provisions of the underlying zoning districts remain in full force, except where provisions of the WO District differ. In such cases, the more restrictive provision shall apply. The principal control mechanisms of the WO District are construction setbacks from the water line, restrictions on the removal of natural vegetation within an established buffer zone adjacent to the water, and performance standards governing land use activities within the district.
C.
D.
Development standards.
(1)
Setback requirements.
(a)
The minimum setback from the high water mark of the Grasse River shall be 50 feet horizontally away from, and paralleling, the river.
(b)
Structures of a retail or service business demonstrated to be water-dependent or water-related may be authorized to be located within the required setback with an approved special use permit; however, the Planning Board shall have the authority to impose additional conditions as may be warranted.
(2)
Maximum impervious surface coverage. All buildings and other areas of impervious surface shall not exceed 70% of lot coverage.
(3)
Viewshed protection.
(a)
Maintaining existing river viewsheds shall be considered in siting new development.
(b)
Existing visual access from public spaces and view corridors shall be maintained.
(c)
Massing of riverfront buildings shall not exceed 100 feet in length parallel to the shoreline of the river. There shall be an opening of at least 30 feet between buildings to provide unobstructed view corridors to the river.
(5)
Parking, fences and signs shall not detract from water views and are subject to regulations contained in this chapter.
(6)
Public access.
(a)
Development shall not interfere with or in any way prohibit, hinder or discourage the public use of waterfront trails.
(b)
New development must consider opportunities for trail linkages as identified in the Canton Grasse River Waterfront Revitalization Plan, the Grasse River Blueway Plan, the Canton Master Trail Plan and other initiatives. Any easement or trail construction should accommodate a pedestrian walkway or pathway having a width of at least 10 feet along the length of and abutting the Grasse River shoreline.
(7)
Protection of riparian area vegetated buffer. Riparian areas shall be maintained with a natural vegetation strip on each parcel or lot between the normal high water mark of the river and a point 25 feet from and perpendicular to the normal high water mark. The vegetative strip shall be maintained or established by adherence to the following requirements:
(a)
No clear-cutting shall be allowed.
(b)
Selective thinning is permitted but should not exceed 35% of the number of trees six inches in diameter at 4 1/2 feet above the ground, or larger, in a ten-year period. Additional trees may be removed if the property owner or applicant can demonstrate one or more of the following conditions:
[1]
It is clearly necessary for traffic safety.
[2]
It is clearly necessary for the development of an approved principal or accessory use or building, street, sidewalk, paved area, driveway, stormwater facility, utility or sewage system.
[3]
It is within 25 feet of the foundation of an approved structure.
[4]
It is diseased, dead or poses a clear danger to public safety, a structure, utility or public improvement.
[5]
It is related to agricultural activities, such as orchards or cultivation activities.
(c)
Existing soil and organic matter shall not be altered or disturbed within the vegetation strip except in connection with an activity otherwise permitted.
(d)
No structures shall be permitted within the vegetation strip, with the exception of docks, boat ramps, bulkhead, pump houses, utilities, pervious walkways, and elevated walkways that provide the property owner with reasonable access to the water. Park-related furnishings (benches, picnic tables, pavilions, refuse containers, etc.) and vehicular parking areas shall be permitted, if associated with public recreation areas or public access to the river.
(e)
No potentially polluting material, including but not limited to lawn clippings, leaves, garbage, refuse containers, junk cars, junk appliances or toxic materials, may be dumped or stored within the natural vegetation strip. The vegetation strip shall not contain commercial or industrial storage or display, manufacturing or processing activity, loading and unloading areas or vehicular parking areas.
(f)
Where there is no preexisting natural vegetation, new development requiring Planning Board approval pursuant to this section or site plan review shall include vegetation that shall screen the proposed development from the water and any existing waterfront trails or pathways. The width of this revegetated strip should be at least 25 feet from the high water mark of the river. The plant material should consist of indigenous trees and shrubs.
(g)
Reasonable efforts shall be taken during construction to ensure that trees protected by this section are not accidentally injured or removed, including root compaction by equipment or change in grade level. The developer shall replace any protected trees that are destroyed or injured with mature trees of similar diameter.
(8)
Protection of water quality.
(a)
There shall be no disturbance of existing federal and state wetlands as identified by the NYS Department of Environmental Conservation located within this WO District unless appropriate mitigation measures are defined and approved pursuant to a permit from the NYS Department of Environmental Conservation and US Army Corps of Engineers.
(b)
Stormwater and sedimentation control shall be guided by the most recent standards of the NYS Standards and Specifications for Erosion and Sediment Control and the NYS Stormwater Management Design Manual.