[Added 6-27-1984 by L.L. No. 9-1984]
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. 
Application for special permit for the creation or maintenance of an accessory apartment shall be made in accordance with procedures hereinafter specified, to the Zoning Board of Appeals of the Village of Canton.
B. 
An application for such special permit shall consist of:
(1) 
A completed application on the official form provided for such use by the Village of Canton, to be provided to any interested applicant by the Building Inspector of the Village of Canton, by the owner of the premises or an authorized agent of the owner.
(2) 
A floor plan of the dwelling, indicating thereupon proposed changes involved in the creation and/or maintenance of the accessory apartment.
(3) 
The payment of a fee in the same amount as required in an application for building permit under the laws, rules, regulations and Municipal Code of the Village of Canton.
(4) 
A sworn statement by the owner of the said premises or agent of the owner that all requirements of the Village of Canton and any other laws, rules, regulations and codes will be met within 60 days of the time of issuance of any permit for such accessory apartment.
C. 
Said application and all supporting documents shall be furnished and submitted to the Zoning Board of Appeals of the Village of Canton.
D. 
Upon receipt of an application for a special permit for an accessory apartment, the Zoning Board of Appeals will conduct a public hearing for each such application for a special permit for an accessory apartment. Legal notice of such hearing shall be published in the official newspaper at least 10 days prior to the date of the public hearing.
E. 
In consideration of an application for a special permit for the creation or maintenance of an accessory apartment, the Zoning Board of Appeals of the Village of Canton shall consider the following:
(1) 
Whether the use will restrict the use of adjacent properties;
(2) 
Whether the use will adversely affect the character of the neighborhood in such manners as:
(a) 
Property values.
(b) 
Undue increase in traffic.
(c) 
Overcrowding of the property.
(d) 
Any other factor which would endanger the health, safety, morals or general welfare of the community.
F. 
Within 60 days of the approval of any special permit for an accessory apartment by the Zoning Board of Appeals, the Building Inspector of the Village of Canton shall inspect the accessory apartment to ensure that said accessory apartment is in compliance with all 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.
A. 
A violation of any of the provisions of this article shall constitute disorderly conduct and shall be punishable by imprisonment in the St. Lawrence County Jail for a term not exceeding six months or by a fine not exceeding $50, or both; each and every day that the violation shall exist shall be deemed to constitute a separate and distinct violation.
B. 
In addition, or as an alternative to the penalty provided by Subsection A hereinabove, the Village of Canton may, at its own discretion, institute and maintain any action in any court of competent jurisdiction to enjoin, bar, prohibit or abate an accessory apartment created or maintained in violation of this article.