I I IntroductionII II DefinitionsIII III Residential (R) DistrictsIV IV Business and Industrial DistrictsV V Design DistrictsVI VI Other DistrictsVII VII Basic StandardsVIII VIII Special RegulationsIX IX ProceduresX X General ProvisionsXI XI AdministrationXII XII Regulating PlansXIII XIII Building Form StandardsXIV XIV Urban Space StandardsXV XV Architectural StandardsXVI XVI Parking and Loading StandardsXVII XVII Building FunctionXVIII XVIII Village District StandardsXIX XIX DefinitionsXX XX Appendix : Regulating Plans
This article, Article XI, Administration, sets forth the provisions for reviewing and approving applications for Village District certificate of completion (VDCC) and is intended to provide an incentive to property owners and developers to develop in a particular form. This Code is applicable to the Canton Design Village Districts as shown on the official Zoning Map and the Regulating Plans for each district. All elements of the Form-Based Code, the Regulating Plan, the building form standards, the urban space standards, and the architectural standards will be applied during review to ensure that all development occurring is consistent with the provisions of this Code.
A. 
Code administration. The Zoning Enforcement Officer is designated by the Planning and Zoning Commission (PZC), will be responsible for working on the day-to-day administration and enforcement of this Code, and is specifically authorized to review and approve applications for submittal approvals in accordance with § 470-1105, Design plan submittal and review process.
B. 
Delegation of administration. The PZC may designate any planning staff member to represent the ZEO in any function assigned by this Code. The ZEO remains responsible for any final action.
C. 
Delegation of administration. The ZEO, in accordance with § 470-1801B, shall delegate review of the application to the appropriate entity under that section. The ZEO may also refer such review to the PZC or Historic Commission as appropriate, to determine compliance with these regulations.
A. 
Type I design plan. A Type I design plan, see § 470-1105, Design plan submittal and review process, shall be reviewed and approved by the ZEO in accordance with the procedures and standards of this section prior to issuance of a VDCC.
B. 
Type II design plan. The PZC, in consultation with ZEO, shall review and make a decision on an application for a Type II design plan in accordance with the procedures and standards of § 470-1105, Design plan submittal and review process.
A. 
Determination.
(1) 
The ZEO will determine whether the project requires a VDCC based on the applicability chart in § 470-1104B.
B. 
Applicability chart.
Canton Design Village Districts Form-Based Code Applicability
Article XIII, Building Form Standards: §§ 470-1303, 470-1304, and 470-1305 - Plan Elements
Article XIII, Building Form Standards: §§ 470-1303, 470-1304, and 470-1305 - Section Elements
Article XV, Architectural Standards: § 470-1502C - Clearly visible from the street-space
Article XV, Architectural Standards: §§ 470-1503 to 470-1506
Article XV, Architectural Standards: § 470-1505 - Street walls
Article XV, Architectural Standards: § 470-1507, Signage and § 470-1508, Lighting and stormwater
Article XIV, Urban Space Standards: §§ 470-1404 to 470-1407
Article XVI, Parking and Loading Standards
Article XVII, Building Function
Main, Main Storefront and Town Building Form Standards
New construction
X
X
X
X
X
X
X
X
X
Any change in use (See § 470-1704B)
X
X
Change of use, or expansion of use in an existing structure over 15% of the building footprint (See §§ 470-1601A and 470-1704B)
X
X
Expansion of building area (cumulative)
0% to 10% expansion of building area - submitted to ZEO for documentation (percentage of cumulative change)(1)(2)
10% to 30% expansion of building area - zoning permit required per § 470-908B of the Zoning Regulations(1)(2)
X
X
X
X
30% to 50% expansion of building area - zoning permit required. Building form and architectural standard apply to new elements only3
X
X
X
X
X
X
X
Greater than 50% - zoning permit required, building form and architectural standards apply to new elements and requires retrofit of existing elements.3
X
X
X
X
X
X
X
X
Expansion of parking area only (not in conjunction with a use/building) (See § 470-1601A)
0% to 10% - submitted to ZEO for documentation
10% to 50% - items checked apply to additional spaces only(4)
X
X
X
Greater than 50% - items checked apply to all spaces/existing parking area and proposed(4)
X
X
X
X
X
Facade changes5 (percentage of cumulative change) per § 470-1302C
0% to 10% change in facade - submitted to ZEO for documentation (percentage of cumulative change)
10% to 30% change in facade - zoning permit required per § 470-908B of the Zoning Regulations
X
X
30% to 50% change in facade - zoning permit required. Article XV, Architectural Standards, applies to new elements only
X
X
X
Greater than 50% change in facade - zoning permit required. Article XV, Architectural Standards, applies to new elements and requires retrofit of existing elements, but do not require additional height being added to the elevation being modified
X
X
X
Notes:
(1)
Expansions, including those that do not require the retrofitting of existing elements.
(2)
See applicability per § 470-1105C(1).
(3)
Expansions above the 50% level or expansions requiring the retrofit of any existing elements.
(4)
Article XIII, Building Form Standards, parking setback line (PSL) only.
(5)
Section 470-1302C, facades.
Canton Design Village Districts Form-Based Code Applicability
Article XIII, Building Form Standards: §§ 470-1303, 470-1304, 470-1305, and 470-1306 - Plan Elements
Article XIII, Building Form Standards: §§ 470-1303, 470-1304, 470-1305, and 470-1306 - Section Elements
Article XV, Architectural Standards: § 470-1502C - Clearly visible from the street-space
Article XV, Architectural Standards: §§ 470-1503 to 470-1506
Article XV, Architectural Standards: § 470-1505 - Street walls
Article XV, Architectural Standards: § 470-1507, Signage and § 470-1508, Lighting and stormwater
Article XIV, Urban Space Standards: §§ 470-1404 to 470-1407 and § 470-1606, Streetscape and landscape
Article XVI, Parking and Loading Standards
Article XVII, Building Function
Detached Building Form Standards
•
New construction
X
X
X
X
X
X
X
X
X
•
Any change in use (See § 470-1704B)
X
X
•
Change of use, or expansion of use in an existing structure over 15% of the building footprint (See §§ 470-1601A and 470-1704B)
X
X
•
Expansion of building area (cumulative)
•
0% to 10% expansion of building area: submitted to ZEO for documentation (percentage of cumulative change)(1)(2)
X
X
X
•
10% to 30% expansion of building area: zoning permit required per § 470-908B of the Zoning Regulations(1)(2)
X
X
X
•
30% to 50% expansion of building area: zoning permit required. Building form and architectural standard apply to new elements only3
X
X
X
X
X
X
X
•
Greater than 50%: zoning permit required, building form and architectural standards apply to new elements and requires retrofit of existing elements
X
X
X
X
X
X
X
X
•
Expansion of parking area only (not in conjunction with a use/building) (See § 470-1601A)
•
0% to 10%: submitted to ZEO for documentation
•
10% to 50%: items checked apply to additional spaces only(4)
X
X
X
•
Greater than 50%: items checked apply to all spaces/existing parking area and proposed(4)
X
X
X
X
X
•
Facade changes(5) (percentage of cumulative change) per § 470-1302C
•
0% to 10% change in facade: submitted to ZEO for documentation
•
10% to 30% change in facade: zoning permit required per § 470-908B of the Zoning Regulations
X
X
•
30% to 50% change in facade: zoning permit required. Article XV, Architectural Standards, applies to new elements only
X
X
X
•
Greater than 50% change in facade: zoning permit required. Article XV, Architectural Standards, applies to new elements and requires retrofit of existing elements, but does not require additional height being added to the elevation being modified
X
X
X
NOTES:
(1)
Expansions, including those that do not require the retrofitting of existing elements.
(2)
See applicability per § 470-1105C(1).
(3)
Expansions above the 50% level or expansions requiring the retrofit of any existing elements.
(4)
Article XIII, Building Form Standards, parking setback line (PSL) only.
(5)
Section 470-1302C, facades.
A. 
Preapplication conference.
(1) 
Prior to submitting a formal application for a design plan, an applicant is strongly encouraged to schedule a preapplication conference with the ZEO to discuss the requirements of this Code.
(2) 
A request must be accompanied by an application form, preliminary project plans, and additional design information as identified in the checklist found in the Appendix 1 of Zoning.[1]
[1]
Editor's Note: See Ch. 470APP, Article 1.
(3) 
The ZEO will determine whether the project requires a VDCC based on § 470-1104, inform the applicant of requirements as they apply to the proposed project, discuss issues of concern that may arise during formal application review, suggest possible modifications to the proposed application, and identify any technical studies that may be necessary for the review process when a formal application is submitted.
(4) 
The design plan type, and therefore the appropriate review process, will be determined at this meeting.
(5) 
Any discussion held is not to be binding on either the applicant or the Town.
(6) 
Modifications to structures within the Collinsville Historic District (CHD) must follow the requirements of this Code. The CHD Commission shall review the design plan application in accordance with the criteria established for exterior architectural features, as defined by Chapter 268, Article II, § 268-14 of the Canton Town Code that are visible from the street space, as defined by this Code.
B. 
Design plan types.
(1) 
470 Canton Village Shops Sketch Plan.tif
Plan sketch for Canton Village Shops
Plan sketch for Canton Village Shops
Type I: Projects of building area in aggregate less than or equal to 10,000 total gross square feet and with individual story areas of less than or equal to 4,000 gross square feet shall be able to build as a matter of right when they meet all of the standards of this Code. During the review of the application, the ZEO will forward the application to appropriate Town departments and agencies for review and recommendation as necessary. A VDCC will be issued upon approval of the application by ZEO. Permits will not be issued for building activity until review is completed and a determination made that the proposal is consistent with this Code.
(2) 
Type II: This process will be required for building area over 10,000 gross square feet, or with individual story areas of over 4,000 gross square feet, or parcels large enough to require a new regulating plan, see § 470-1202. Rules for new regulating plans. A review before the PZC is required to address the project's compliance with this Code and to address issues that may not have been contemplated by this Code. Such sites will be required to meet the intent of this Code and will be evaluated in terms of how well they conform to this Code. A VDCC will be issued upon approval of the application by the PZC. Permits will not be issued for building activity until review is completed and a determination made that the proposal is consistent with this Code.
(3) 
Design adjustments. Unless otherwise specified, applications seeking to modify any of the following standards of this Code may request to do so as a Type II design plan.
(a) 
Any increases in maximums as defined by the Regulating Plan and applicable BFS or changes in use up to 15%; or
(b) 
Decreases in required minimum standards as defined by the Regulating Plan and applicable BFS up to 15%; or
(c) 
Increases in building area, building heights, or build-to line variations or applications seeking to deviate from the standards found in Article XII, Regulating Plans and Article XIII, Building Form Standards, up to 15%.
C. 
Application.
(1) 
After the preapplication conference, a design plan application shall be submitted in accordance with Zoning Regulations § 470-901, Site plan application and § 470-909A, Application submittal:
(a) 
For any activity designated in the regulations as requiring a VDCC;
(b) 
For any construction, development, or expansion of a multiple dwelling unit or nonresidential use; or
(c) 
For any demolition or expansion over 50% of the existing building area of a single-family dwelling; or
(d) 
For any site modifications, such as parking, pedestrian or vehicle circulation, public utilities or landscaping in any Design Village District, unless determined to be a minor modification per Zoning Regulations § 470-901A(13).
(2) 
The ZEO may, in accordance with the requirements of these regulations, require the submission of additional information as deemed necessary to make a reasonable review of the application.
(3) 
If a site plan application involves an activity regulated pursuant to C.G.S. §§ 22a-36 to 22a-45, inclusive, the applicant shall submit an application for a permit to the Inland Wetlands and Watercourses Agency not later than the day such application is filed with the ZEO.
(4) 
Anything not covered under this section, including but not limited to demolition, minor modifications (§ 470-901A(2) of the Zoning Regulations) and other similar changes will be processed as a zoning permit under Zoning Regulations § 470-908B.
D. 
Type I design plan review criteria.
(1) 
The determination of design plan type will be in accordance with § 470-1105B.
(2) 
The ZEO shall review all applications in accordance with the following:
(a) 
Compliance with this Code;
(b) 
The Canton Design Village Districts Regulating Plans;
(c) 
Review by the CHD Commission as required by § 470-1105A(6);
(d) 
470 Potential Dowd Ave Improvements.tif
Potential Dowd Avenue Improvements
Potential Dowd Avenue Improvements
POCD: Whether the proposed use or activity is in accordance with or facilitates achievement of one or more of the goals, objectives, policies, and recommendations of the POCD, as amended;
(e) 
Compliance with General Zoning, inclusive of but not limited the standards of Article VII, except as modified by this Code.
[1] 
Special permits identified under General Zoning, not otherwise modified by this code, are required.
[2] 
Design district applications under Article V of General Zoning may be submitted within the Design Village Districts regulated by this Code.
[3] 
This Code does not regulate properties located within the Industrial Heritage District.
(f) 
Purposes of regulations. The proposed use or activity is consistent with the purposes of Zoning Regulations and intent of the comprehensive plan of this Code;
(g) 
The Village District Standards of Article XVIII;
(h) 
Adequate utilities and services.
[1] 
The provisions for water supply, sewage disposal, and stormwater drainage shall conform to accepted engineering practices, comply with all standards of the appropriate regulatory authority, and not unduly burden the capacity of such facilities.
[2] 
The proposed use or activity shall provide ready accessibility for fire apparatus and police protection, and be laid out and equipped to further the provision of emergency services.
(3) 
On an application involving an activity regulated pursuant to C.G.S. §§ 22a-36 to 22a-45, inclusive, the ZEO shall:
(a) 
Wait to render a decision until the Inland Wetlands and Watercourses Agency has submitted a report with its final decision; and
(b) 
Consideration any report of the Inland Wetlands and Watercourses Agency when making its decision.
(4) 
On an application involving notice to adjoining municipalities under Zoning Regulations § 470-909H or notice to water companies under Zoning Regulations § 470-909J, the ZEO shall consider in association with any such notice, any report or testimony received.
E. 
Type II design plan review criteria.
(1) 
The determination of design plan type will be in accordance with § 470-1105B.
(2) 
All Type I design plan review criteria (see § 470-1105D), shall apply to a Type II design plan in addition to the following standards:
(a) 
The application shall depict the proposed development in a manner sufficient to allow the PZC to make a determination regarding its compatibility with surrounding uses;
(b) 
All improvements must be suitable and appropriate to the neighboring properties and the development of the Design Village District.
(3) 
Review and decision by the PZC.
(a) 
The Commission shall consider, review, and act on a Type II application in accordance with the provisions of Article IX of the Zoning Regulations.
F. 
Conditions of approval. In approving a design plan, the ZEO or the PZC may impose such conditions regarding the location, character, and other features of the proposed design plan as may be deemed necessary to ensure compliance with this Code and to prevent or minimize adverse effects from the proposed design plan. Conditions, where imposed, shall be included as part of the approval.
G. 
Action by the reviewing body.
(1) 
The ZEO or the PZC, by a majority vote of a quorum present, as applicable, shall review the application in accordance with this § 470-1105, and take one of the following actions:
(a) 
Approval of the application as submitted; or
(b) 
Approval of the application with conditions; or
(c) 
Denial of the application.
H. 
Design district compliance certificate.
(1) 
A VDDC shall be issued upon compliance with the provisions of this Code.
(2) 
Issuance of a VDCC allows an applicant to apply for permits and approvals, including but not limited to those permits required by the building code.
(3) 
Following approval and prior to the issuance of building permits, applicants must comply with the requirements of Zoning Regulations § 470-901F and G.
A. 
Petitions.
(1) 
A decision of the ZEO may be submitted in accordance with § 470-905 of the Zoning Regulations.
B. 
Appeals. An applicant may appeal a decision of the PZC on an application for a Type II design plan to the Superior Court and, upon certification for review, to the Appellate Court in the manner provided in C.G.S. Chapter 124 Zoning, § 8-8.
A. 
Modifications to approved design plans may be requested by submitting a letter of request and supplemental documents detailing the change and the reason for the modifications for the ZEO.
B. 
The ZEO has the authority to request a meeting with the applicant or refer the application to the PZC for additional review.
C. 
The ZEO has the authority to grant modifications to design plans approved under this Code, via written approval, in accordance with the procedures and standards that governed its original approval.
Any written amendment or change to this Code will be a text amendment that must follow the procedure set forth in Zoning Regulations § 470-903, Regulation amendment application.
Any amendment or change to the Regulating Plan will be a Zoning Map amendment of this Code that must follow the procedure set forth in Zoning Regulations § 470-904, Zone Map change application.
Where subdivision of parcels is desired, without the submission of a design plan as specified in § 470-1202, Rules for new regulating plans, approval of the Subdivision must occur in accordance with Subdivision Regulations of the Town of Canton Connecticut, including amendments through December 7, 2009, as may be amended.
470 Design Plan Certification Workflow.tif
*
Shall follow zoning permit time lines
**
Shall follow site plan time lines
Illustration of Submittal and Review Process, see text for details.