As used in this article, the following terms shall have the meanings
indicated:
ACCESSORY APARTMENT
A single-dwelling-unit apartment located in a residence apparently
constructed as, and having the apparent character of, a one-family residence,
which apartment does not substantially alter the character and appearance
of the residence structure or its conformity with the character of the neighborhood.
Upon issuance of a special permit as herein provided, one accessory
apartment may be created and/or maintained in each one-family dwelling in
an R-1 Residential Zone.
One accessory apartment unit shall be permitted in each one-family dwelling
in an R-1 Residential Zone, provided that:
A. The owner of said property actually occupies the remainder
of the one-family residence dwelling as his or her primary residence.
B. The dwelling is in compliance with the requirements of
all applicable codes, laws, rules, regulations and codes for occupancy of
the said premises.
C. An accessory apartment has a minimum floor area of 500
square feet.
D. The floor area of the accessory apartment does not exceed
25% of the total floor area of the one-family residence structure.
E. The accessory apartment is completely or substantially
self-contained, with cooking, sanitary and sleeping facilities separate and
apart from the facilities of the remainder of the one-family dwelling, and
said accessory apartment is clearly and apparently a subordinate part of the
one-family dwelling.
F. Any and all modifications to the exterior of the one-family
dwelling to create or maintain the accessory apartment shall be made on existing
dwelling foundations, and no accessory building shall be created as an adjunct
to, or to create or maintain, the accessory apartment.
G. The creation or maintenance of the accessory apartment
will not create or maintain any separate entrance on the front of the building;
any other entrances shall be located at the side or rear of the one-family
dwelling.
H. One and one-half paved off-street parking spaces shall
be provided for each accessory apartment in the one-family dwelling, and parking
shall be in all other respects in compliance with the provisions of this Code.
I. The one-family dwelling, and the accessory apartment
therein, shall conform to all requirements of applicable building, health,
fire and sanitary codes.
J. All area requirements for the structure and the parcel
upon which it stands shall be in conformance with all area use and setback
requirements of any applicable laws, codes, rules and regulations.
A special permit for the creation and/or maintenance of an accessory
apartment may be revoked by the Village Board of the Village of Canton, New
York, if:
A. It shall reasonably appear to the Village Board of the
Village of Canton, from evidence presented to said Board, that said accessory
apartment is not in compliance with applicable laws, rules, regulations or
Code provisions;
B. Any lawful inspection of the dwelling shall be refused
or prevented by the owner of said premises.
Upon any transfer of title to the subject premises, a new application
pursuant to the provisions of this article shall be necessary to permit the
creation, maintenance or continued creation and/or maintenance of any accessory
apartment; no special permit issued pursuant to the terms of this article
shall be transferable to any other individual than the owner of the premises
to which owner the special permit shall have been granted.