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.
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.
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.
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.
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.
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.
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.
