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.