Canton Village, N.Y., Code of Ordinances ch. 248 (eCode360 ed. 2026) § 248-14
Application procedure
Operative Text
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.
Canton Village Code § 248-14 establishes the process by which a property owner must apply for a special permit to create or maintain an accessory apartment. The application must be submitted to the Zoning Board of Appeals and include a completed official form, a floor plan, a fee equivalent to a building permit fee, and a sworn statement committing to compliance within 60 days of permit issuance. The Zoning Board holds a public hearing for each application, with legal notice published at least 10 days in advance, and evaluates factors such as neighborhood character, property values, traffic, and community welfare before making a decision. Within 60 days of approval, the Building Inspector must inspect the unit to confirm it meets all applicable standards.
Plain English — not legal advice.
Under § 248-14, property owners seeking to create or maintain an accessory apartment in Canton Village generally obtain the official application form from the Building Inspector, prepare a floor plan showing proposed changes, pay the applicable fee, and submit a sworn statement of compliance to the Zoning Board of Appeals. Compliant operators ensure all materials are complete before submission, since the Zoning Board schedules a public hearing for each application and evaluates impacts on adjacent properties and neighborhood character. Following approval, operators typically prepare the unit to pass the Building Inspector's inspection, which must occur within 60 days of permit issuance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 248-14 of the Canton Village Code requires that any accessory apartment be created or maintained only through a formal special permit process overseen by the Zoning Board of Appeals, which includes a public hearing open to community members. Tenants living in or considering an accessory apartment may find it useful to verify that the unit holds a valid special permit and has passed the required Building Inspector inspection within 60 days of approval. Those with concerns about an unpermitted or non-compliant accessory apartment may consider contacting the Canton Village Building Inspector or Zoning Board of Appeals, or reaching out to a tenant-rights organization for general guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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