SECTION 10.0 ADMINISTRATION AND PROCEDURES

10.1 ADMINISTRATION AND ENFORCEMENT

10.1.1 Building Commissioner. The Building Commissioner shall be charged with the enforcement of this By-law and shall withhold a permit for the construction, alteration or moving of any building or structure if the building or structure as constructed, altered or moved would be in violation of any zoning by-law of the Town of Canton and no permit or license shall be granted for a new use of a building, structure or land which use would be in violation of any zoning by-law of the Town of Canton.

10.1.2 Enforcement. If the Building Commissioner shall have reason to believe that any provision of this By-law or any permit or decision thereunder has been, is being, or is about to be violated, he/she shall make or cause to be made an investigation of the facts, including the inspection of the premises where the violations may exist, and if a violation is found, he/she shall give immediate notice in writing to the owner or his duly authorized agent and to the occupant of the premises. If, after such notice, such violation continues, with respect to any building, structure or use contrary to the provisions of this By-law, the Building Commissioner shall take such action as is necessary to enforce the provisions of this By-law.

10.1.3 Penalty. The penalty for violation of any provision of this By-Law, of any of the conditions under which a permit is issued, or of any decision rendered by the Board of Appeals shall be Three Hundred dollars ($300.00) for each offense. Each day that each violation continues shall constitute a separate offense.

10.1.4 Criminal Complaint. This by-law may be enforced by criminal complaint brought in the district court in the manner provided in G.L. c. 40, s. 21. The penalty to

-131- apply when an infraction is so prosecuted shall be, in each such case, as determined to be appropriate by the court, within the limits established by law.

10.1.5 Non-criminal Disposition. This by-law may, in addition, be enforced through the non-criminal complaint procedure provided in G.L. c. 40, s. 21D. The Building Commissioner, and any local inspector designated by the Building Commissioner, with approval of the Board of Selectmen, shall be enforcing agents for the purpose of non- criminal enforcement of the Zoning By-law. The penalty to be imposed for each violation of any provision of this by-law shall be one hundred dollars ($100.00). Each day on which a violation exists shall be deemed to be a separate offense.

10.2 ZONING BOARD OF APPEALS

10.2.1 Establishment. There shall be a Board of Appeals of three members and two associate members, all residents of the Town of Canton, who shall be appointed by the Board of Selectmen under the provisions of Chapter 40A of the General Laws, as amended.

10.2.2 Powers. The Zoning Board of Appeals shall have and exercise all the powers granted to it by Chapters 40A, 40B, and 41 of the General Laws and by this By-Law. The Board's powers are as follows:

1. To hear and decide applications for special permits. Unless otherwise specified herein, the Board of Appeals shall serve as the special permit granting authority.

2. To hear and decide appeals or petitions for variances from the terms of this Bylaw, with respect to particular land or structures, as set forth in G.L. c. 40A, s.

10. The Board of Appeals shall have the authority to grant use variances.

3. To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of G.L. c. 40A, ss. 8 and 15.

4. To hear and decide comprehensive permits for construction of low or moderate income housing by a public agency or limited dividend or nonprofit corporation, as set forth in G.L. c. 40B, ss. 20-23.

10.2.3 Regulations. The Zoning Board of Appeals may adopt rules and regulations for the administration of its powers.

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10.2.4 Fees. The Zoning Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals, and applications for comprehensive permits.

10.3 PLANNING BOARD

10.3.1 Establishment. The Planning Board is established under previously adopted sections 81A through 81GG of Chapter 41 of the Massachusetts General Laws as well as Article XII Section I of the General By-Laws of the Town of Canton.

10.3.2 Powers. The Planning Board shall have the following powers:

1. To hear and decide applications for special permits as provided in this By-law, subject to any general or specific rules therein contained and subject to any appropriate conditions and safeguards imposed by the Board.

10.3.3 Rules and Regulations. The Planning Board shall adopt rules and regulations not inconsistent with the provisions of the Zoning By-law for conduct of its business and otherwise carrying out the purposes of said Chapter 40A, and shall file a copy of such rules in the office of the Town Clerk.

10.3.4 Fees. The Planning Board may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals, and applications for comprehensive permits.

10.4 SPECIAL PERMITS.

10.4.1 Special Permit Granting Authority. The Zoning Board of Appeals and the Planning Board shall serve as Special Permit Granting Authority where designated in this By-law.

10.4.2 Criteria. Special permits shall be granted by the Special Permit Granting Authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this By- law, the determination shall include consideration of each of the following:

1. Social, economic, or community needs which are served by the proposal;

2. Traffic flow and safety, including parking and loading;

3. Adequacy of utilities and other public services;

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4. Neighborhood character and social structures;

5. Impacts on the natural environment; and

6. Potential fiscal impact, including impact on town services, tax base, and employment.

10.4.3 Procedures. An application for a special permit shall be filed in accordance with the rules and regulations of the Special Permit Granting Authority.

10.4.4 Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the Special Permit Granting Authority may deem necessary to serve the purposes of this By- law.

10.4.5 Plans. Unless otherwise provided the rule or regulation of the Special Permit Granting Authority, an applicant for a special permit shall submit a plan in substantial conformance with the requirements of Section 10.5, herein.

10.4.6 Regulations. The Special Permit Granting Authority may adopt rules and regulations for the administration of this section.

10.4.7 Fees. The Special Permit Granting Authority may adopt reasonable administrative fees and technical review fees for applications for special permits.

10.4.8 Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 3 years following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, s. 17, from the grant thereof) with the Town Clerk.

10.5 SITE PLAN REVIEW

10.5.1 Applicability. No building, structure or additional impervious surface exceeding 3,000 square feet, except a residential structure for single or two (2) family use, shall be constructed or externally enlarged, and no non-residential use, including any charitable or philanthropic, religious or educational use or purpose, shall be expanded in ground area, or established in an existing building not previously used for non-residential purposes, except in conformity with a site plan bearing an endorsement of approval by the Board of Appeals.

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1. For the purposes of this Section, the following uses shall be considered as commercial purposes and all buildings designed, arranged or constructed for, or occupied by, one or more of such use shall be considered as commercial buildings:

a. Any of the uses herein set forth as permitted as of right or permissible on special permit in any Non-Residential District but not herein set forth as permitted or permissible in any Residential District.

b. Any of the following other uses: Salesroom or stand for the sale of nursery, greenhouse, garden or other agricultural produce; Nursery school or other agency for the day care of children; office of a doctor or dentist not a resident of the premises; any commercial recreational use; kennel, animal or veterinary hospital; convalescent or nursing home, boarding or lodging house, tourist home, funeral parlor or undertaking establishment, Automobile parking area.

10.5.2 Contents. The contents of the site plan shall consist of six (6) separate sheets prepared at a scale of one (1) inch equals twenty (20) feet or such other scale as may be approved by the Board. The sheets are as follows:

1. Locus plan, at a scale of one (1) inch equals one hundred (100) feet, showing the entire project and its relation to existing areas, buildings and roads for a distance of one thousand (1,000) feet from the project boundaries or such other distance as may be approved or required by the planning board.

2. Site layout, which shall contain the boundaries of the lot(s) in the proposed development, proposed structures, drives, parking, fences, walls, walks, outdoor lighting, loading facilities, areas for snow storage after plowing, and all proposed recreational facilities and open space areas.

3. Topography and drainage plan, which shall contain the existing and proposed final topography at two (2) foot intervals and plans for handling stormwater drainage, and all wetlands including floodplain areas.

4. Utility plan, which shall include all facilities for refuse and sewage disposal or storage of all wastes, the location of all hydrants, fire alarm and firefighting facilities on and adjacent to the site.

5. Architectural plan, which shall include the ground floor plan and architectural elevations of all proposed buildings and a color rendering.

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6. Landscaping plan, prepared by a Massachusetts Registered Landscape Architect showing, but not limited to, the following information:

a. Layout of the proposed buildings, parking lots, loading bays, and access and egress roads;

b. Location and type of proposed site and landscape lighting;

c. Provision for the site surface and sub-surface drainage;

d. Location, general type and quality of existing vegetation, including specimen trees;

e. Existing vegetation to be preserved;

f. Mitigation measures employed for protecting existing vegetation during construction and a sediment control plan;

g. Locations and labels for all proposed plants;

h. Plants lists or schedule with the botanical and common name, quantity and spacing and size of all proposed landscape material at the time of plantings; and

i. Location and description of other landscape improvements, such as landscaped earth berms, walls, fences, screens, sculptures, fountains, street furniture, lights and courts or paved areas.

10.5.3 Other Required Information. The application shall also include the following reports and documents.

1. A written statement indicating the estimated time required to complete the proposed project and any and all phases thereof.

2. A written summary of the contemplated projects shall be submitted with the site plan indicating, where appropriate, the number of dwelling units to be built and the acreage in residential use, the evidence of compliance with parking and off-street loading requirements, the forms of ownership contemplated for the property and a summary of the provisions of any ownership or maintenance thereof, identification of all land that will become common or public land, and any other evidence necessary to indicate compliance with this By-law.

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3. Drainage calculations by a registered professional engineer. Stormwater management design must conform to DEP’s Stormwater Management Policy or regulations.

4. Certification that the proposal is in compliance with the provisions, if applicable, of the Americans with Disabilities Act and the Massachusetts Architectural Barriers Board.

5. Information specified in Section 6.6, Performance Standards.

10.5.4 Procedure for Approval. Any person desiring approval of a site plan under this section shall submit said plan in quadruplicate, with application for approval thereof, directly to the Board of Appeals and at the same time or prior thereto the applicant shall submit a copy of the application and three (3) copies of such plan to the Planning Board, which said Board may, in its discretion, investigate the case and report in writing its recommendations to the Board of Appeals.

1. The Board of Appeals shall not take final action on such plan until it has received a report thereon from the Planning Board, or until said Planning Board has allowed thirty five (35) days to elapse after receipt of such plan without submission of a report thereon.

2. In exercising its jurisdiction under this Section, the Board of Appeals shall conform to all requirements of procedure applicable to a Board of Appeals when deciding requests for special permits under General Law, Chapter 40A, as amended (including the requirements thereof for public notice and hearing).

10.5.5 General Conditions for Approval. In considering a site plan under this Section the Board of Appeals shall assure, to a degree consistent with a reasonable use of the site for the purposes permitted or permissible by the regulations of the district in which located:

1. Protection of adjoining premises against detrimental or offensive uses on the site.

2. Convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent streets, property or improvements.

3. Adequacy of the methods of disposal for sewage, refuse and other wastes resulting from the uses permitted or permissible on the site, and the methods of drainage for surface water.

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4. Adequacy of space for the off-street loading and unloading of vehicles, goods, products, materials and equipment incidental to the normal operation of the establishment.

5. Lateral connections of utilities including, but not limited to electric, telephone, and fire alarm to buildings and other structures shall be underground in all cases where the property to be served abuts any street where these utilities are installed underground.

10.5.6 Authority of Board. The Board of Appeals shall have power to modify or amend its approval of a site plan on application of the owner, lessee, or mortgagee of the premises, or upon its own motion if such power is reserved by the Board in its original approval. All of the provisions of this Section applicable to approval shall, where apt, be applicable to such modification or amendment.

10.5.7 As-Built Plan. Upon completion of all work authorized under a site plan approved by the Board of Appeals, copies of an "As Built" plan shall be filed. Such plan shall be certified and signed by a professional engineer and shall show as actually constructed, all underground public and private utility lines including details of structures and appurtenances where appropriate, all service connections and ties to same, site elevations, grades and slopes, utility invert elevations and pipe slopes, all parking requirements, curbing, and any other pertinent data relative to the approved site plan. Two copies of the plan shall be filed with the Board of Appeals and the Planning Board. Within 14 days from submission, the Planning Board shall submit their recommendation on the "As-Built" plan to the Board of Appeals.

10.5.8 Security. The Zoning Board of Appeals (ZBA), as a condition of granting a permit, shall require that the performance of the As Built Drawings, including the site landscaping shown on the approved Site Landscape Plan, be secured by one, or in part by one and in part by the other, of the methods described below:

1. Bond of Deposit: By a proper bond or a deposit of money or negotiable securities or letter of credit, sufficient in the opinion of the ZBA to secure performance of the conditions and observance of the safeguards of such permit.

2. Covenant: By a covenant running with the land, executed and duly recorded by the owner of record, whereby the conditions and safeguards included in such permit shall be performed before any lot may be conveyed other than by mortgage deed. Nothings herein shall be deemed to prohibit a conveyance by a single deed, subject to such covenant of the entire parcel of land, the development of which is governed by the permit.

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10.5.9 Reduction of Security. Until completion of the As Built Drawings the penal sum of any deposit or security held may time to time be reduced by the ZBA by an amount not to exceed fifty percent (50%) of the value of work originally estimated.

10.5.10 Release of Security. Upon the satisfactory completion of the As built Drawings, security or the performance of which was given, the applicant shall send by registered mail to the ZBA an affidavit that the conditions and safeguards in connection with which such security has been given have been complied with by the Applicant.

1. Upon the Zoning Board of Appeals determination that the conditions and safeguards of the permit have been complied with by the applicant, the Zoning Board of Appeals shall release the interest of the Town in such security, return or release the security to the person who furnished the same, or release the covenant by the appropriate instrument, duly acknowledged.

2. Upon the Board's determination that the conditions and safeguards included in the permit have not been complied with by the applicant, the Zoning Board of Appeals shall specify the conditions or safeguards with which the applicant has not complied in a notice sent by registered mail, to the applicant.

10.5.11 Failure to Notify Applicant. If the ZBA fails to send such a notice within sixty (60) days after if receives the applicant affidavit, all obligations under the security shall cease and terminate, any deposit shall be returned and any such covenant become void.

10.5.12 Applicant Failure to Complete Work. Upon failure of the applicant to complete such work to the satisfaction of the ZBA and in accordance with all applicable plans, regulations and specifications, the Town shall be entitled to enforce such bond or to realize upon such securities to the extent necessary to complete all such work without delay.

10.5.13 Town Site Inspection Program. All buildings, except a residential structure for single or two family use, shall be subject to the Town Site Inspection Program (TSIP). The Planning Board is responsible for the administration, management and implementation of the TSIP. The cost of the TSIP is the responsibility of the applicant. The TSIP includes, but is not limited to, daily field inspections, field reports, field tests, laboratory work, meetings, conferences and related professional inspection and/or coordination services by the Planning Board or its representative(s). As a condition of the permit, the applicant shall provide the Town of Canton with a "Site Access Certificate" specifying that the Planning Board and the Planning Board's representative will have unlimited access to the applicants private property for the purpose of inspecting the site work.

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1. The Planning Board shall adopt reasonable rules and regulations to implement the TSIP, including fees required to offset the cost of the inspection services. The rules and regulations shall be adopted by majority vote of the Planning Board after a duly constituted public hearing. The TSIP will be in full force the effect upon adoption by the Planning Board.

10.5.14 Lapse. Site plan approval shall lapse after two (2) years from the grant thereof if a substantial use thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended in writing by the Board upon the written request of the applicant.

10.5.15 Regulations. The Board may adopt reasonable regulations for the administration of site plan review.

10.5.16 Fee. The Board may adopt reasonable administrative fees and technical review fees for site plan review.

10.5.17 Appeal. The decision of the zoning Board of appeals shall be appealed to a court of competent jurisdiction as set forth in G.L. c. 40A, s. 17.

10.6 FINAL UNFAVORABLE DECISIONS

No appeal, application or petition which has been unfavorably and finally acted upon by the Special Permit Granting or the Board of Appeals shall be acted favorably upon within two (2) years after the date of final unfavorable action unless said Special Permit Granting Authority or Board of Appeals finds, by a unanimous vote of a board of three (3) members or by a vote of four (4) members of a board of five (5) members or two- thirds (2/3) vote of a board of more than five (5) members, specific and material changes in the conditions upon which the previous unfavorable action was based, and describes such changes in the record of its proceedings, and unless all but one (1) of the members of the Planning Board consents thereto and after notice is given to parties in interest of the time and place of the proceedings when the question of such consent will be considered. Any petition for a variance or application for a special permit which has been transmitted to the Special Permit Granting Authority or Board of Appeals may be withdrawn, without prejudice by the petitioner prior to the publication of the notice of a public hearing thereon, but thereafter be withdrawn without prejudice only with the approval of the Special Permit Granting Authority or the Board of Appeals.

10.7 CANTON CENTER DESIGN REVIEW

10.7.1 Purpose. The purpose of this section is to preserve and enhance Canton Center's

-140- cultural, economic and historical resources by providing a detailed design review of the exterior appearance of buildings and sites located Central Business District. The design review procedure shall:

1. Enhance the social and economic viability of Canton Center by preserving property values and promoting the attractiveness of Canton Center as a place to live, visit and shop;

2. Protect and preserve the historic and cultural heritage of Canton Center by promoting the conservation of buildings or groups of buildings that have aesthetic or historic significance, or are determined to contribute to the character of Canton Center by the Planning Board.

3. Promote and encourage building design and building alterations that are compatible with the existing environment and are of superior quality or appearance; and

4. Promote flexibility and variety in future development to enhance the natural and aesthetic qualities of Canton Center.

10.7.2 General. The Planning Board shall follow the Canton Center Design Principles contained in this Section 10.7 and any applicable regulatory policies or guidelines that may be adopted. The Planning Board shall keep in mind that the design of buildings is determined by (1) the nature of the site, (2) the nature of the materials used, (3) the nature of the building itself and (4) the nature of the architect.

Each building is more than a separate structure: it is part of the Canton Center Townscape. The proper use of scale and proportion has the unique capacity to unite the different parts of the Canton Center so that each building preserves its own identity, and yet each building blends into the whole. The expression of tradition and culture through the scale and proportions of buildings and the spaces between buildings defines the Canton Center Townscape.

10.7.3 Not Used

10.7.4 Canton Center Townscape. The design or redesign of buildings in Canton Center shall acknowledge and respect the surrounding existing patterns of development, open space and natural resources (Forge Pond and the Canton River).

10.7.5 Townscape Design; Statement of Principals.

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1. To promote the thoughtful design or redesign of buildings within the Central Business District.

2. To enhance the open space between existing and proposed buildings.

3. To promote the visual and functional duality of Canton Center.

4. To promote a pedestrian friendly scale and that links the development to the surrounding buildings, neighborhood and natural environment (Forge Pond and the Canton River).

5. To provide buildings in scale and in proportion to the adjacent existing structures, open space and natural and man made environment.

6. To visually relate proposed buildings to their surroundings with respect to: Height; Street facade; Materials, texture and color; Roof slopes; Quality and quantity of open space; Human Scale; Spacing of buildings and signs; Fenestration; Quality of open space and landscapes; Natural environment; Handicapped pedestrian access; and Building proportions.

10.7.6 Open Space. The design of new or altered buildings shall insure that valuable open space within Canton Center is created, and that existing open space is preserved, protected, and enhanced. Proposals shall be consistent with the Canton Center's open space goals, policies, objectives and plans.

10.7.7 Open Space Design; Statement of Principles.

1. To provide public access to Forge Pond and the Canton River.

2. To provide enjoyable and usable private and public open space that will add to the amenities of Canton Center.

3. Development or redevelopment shall provide public and/or private open space and enhance adjacent open spaces. The scale, proportions, setbacks, height, and roof slopes of proposed buildings shall be compatible with existing or newly created open space.

4. Existing landscaping and landforms shall be incorporated into plans and used to the advantage of the design.

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5. To provide small parks with benches and other amenities that are accessible to the general public.

6. Non-surface off-street parking shall be provided to minimize paved surface areas, wherever possible.

10.7.8 Preservation and Enhancement of Landscape. The design of new or altered buildings shall insure the integration of existing vegetation, landforms and water resources (Forge Pond/Canton River) into development plans, keeping in mind the relationship of the natural environment to surrounding properties and the Canton Center Townscape.

10.7.9 Preservation and Enhancement of Landscape Design; Statement of Principles.

1. To promote the skillful use of existing topography, landforms and landscaping, including the preservation of natural landscaping by minimizing tree and soil removal and the restoration of landscaping and wildlife habitat to its natural state.

2. To provide landscaping and grades changes that either strengthen or buffer the visual relationship with surrounding areas.

3. Provide trees, shrubs and groundcovers noted for longevity, low maintenance requirements, attractive appearance, ability to survive, and screening ability.

4. Plant evergreens to provide an effective year round buffer between business and residential areas.

5. Provide plantings, planters and flower boxes to visually break up paved areas and/or to enhance an ordinary facade.

6. Plant additional street trees and landscaping in public areas when projects impact the public streetscape.

7. Provide seasonal decorations, benches, etc.

10.7.10 Signs and Awnings. The combined impact of signs and awnings can be part of the attraction of a shopping district. To maximize their effectiveness, every sign and awning shall be an integral part of its building, and each shall be complementary to adjacent

-143- signs and awnings. As a result, they become part of an overall image, each sign and awning supporting the other and each helping to draw customers. All signs and awnings shall conform to the maximum area height, number, setback and illumination requirements set forth in Zoning By-law Section 6.3.

10.7.11 Signs and Awnings Design; Statement of Principles.

1. Signs and awnings shall be compatible throughout Canton Center.

2. The size, location, design, color, texture, lighting and materials of signs and awnings shall be compatible with and complementary to the New England "Colonial" or New England "Victorian" style.

3. Signs and awnings on the same building or on a series of attached buildings shall have consistency of size, location, design, color, texture, lighting, materials and expression.

4. Signs and awning shall be carefully integrated with the building facade.

5. Place sign and awnings consistent with architectural details and not in conflict with building details such as cornices, arches, lintels, pediments, windows, pilasters, etc.

6. Mount signs and awnings to align with other signs on the building, or installed within the natural sign band formed by the building's details and cornices.

7. Signs shall not overpower the rest of the storefront, and be attractive as designs in themselves.

8. The design of lettering, materials and colors shall result in good visibility and be compatible and complementary with other signs and awnings on the building.

9. Simple graphic symbols that are easily recognizable and clearly identify the particular good or services being offered are the best.

10. Lettering shall be legible and oriented to the pedestrian on the sidewalk and to slow moving traffic. There is no need to design signs for fast moving vehicles.

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11. Signs and awnings shall creatively express the nature of the business in a New England "Colonial" or New England "Victorian" style.

10.7.12 Heritage Structures. The Planning Board shall insure that proposed new buildings respect adjacent Heritage Structures. When appropriate, the Planning Board will consult with and request opinions and information from the Historical Commission regarding Heritage Structures.

1. The Planning Board shall prepare a "Canton Center Heritage Structure Survey and Findings Report" which shall identify the building or groups of buildings within the Canton Center Economic Opportunity District that have aesthetic or historic significance or are determined to contribute to the character of Canton Center. Heritage Structures are defined as: (1) Historic Structures, (2) noteworthy Period Structures, and (3) structures or groups of structures determined to contribute to the character of Canton Center as determined by the Planning Board. The Planning Board shall promote the preservation of Heritage Structures and shall actively advocate for their rehabilitation.

10.7.13 Heritage Structures Design; Statement of Principles.

1. Rehabilitation of Heritage Structures shall be done with sensitivity to the structure, with as little deviation as possible from the design intent of the original building. Proposals for a facade renovation or new building construction that use a particular historical style or period style shall utilize accurate elements of that style.

2. Architectural or Period elements of Heritage Structures shall be preserved during any additions, renovations, or conversions. Sign and facade alterations shall not conceal architectural elements. The covering or removal or original facade elements (columns, pilasters, fenestration, arches, lintels, and decorative elements) shall not be allowed.

3. The renovation or alteration of Heritage Structures shall maintain size and proportions of windows and doors; windows and doors shall not be enlarged. Any new work shall fit within the scale of the existing windows and doors and repeat the window and door rhythms that already exist.

4. The renovation or alteration of Heritage Structures shall maintain the original

-145- materials if possible; new materials shall reflect and maintain the original textures and visual effect.

5. The renovation or alteration of Heritage Structures shall maintain or replace if previously removed front porches. Front porches are attractive, provide important balance to the building, and present a historically functional part of the building.

6. The renovation or alteration of Heritage Structures shall maintain or replace if previously removed building details such as molding, coping lines or parapets, columns and piers.

7. The renovation or alteration of Heritage Structures shall install signage that is fitting with the image of the building, often small-scaled to remain dignified.

8. The renovation or alteration of Heritage Structures shall provide color schemes typical of original building.

9. The renovation or alteration of Heritage Structures shall remove false building fronts including fascia panels, mansard roofs, and any other material that covers and disrupts the original building detail.

10. The renovation or alteration of Heritage Structures shall conceal all mechanical equipment on roofs, including metal chimneys, and at grade from view. An elevator penthouse, if added, shall be placed to minimize its visibility and shall be integrated into the design of the building so as to not detract from the significant architectural elements of the building or streetscape.

11. The impacts of new construction on adjacent Heritage Structures shall be minimized. Such devices as building placement, spatial design and landscaping may be used to mitigate impacts on historical structures.

10.7.14 Not Used

10.7.15 Not Used

10.7.16 Not Used

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10.7.17 Administrative Procedures. It is the responsibility of the applicant to distribute copies of plan that require design review to the members of the Planning Board. The applicant shall provide Six(6) copies of plans and related materials required for design review. The original copy of the dated Planning Board application (requesting Canton Center Design Review) shall be filed with the Board of Appeals.

1. Not Used

2. The Planning Board shall within thirty (30) days following the date such distribution is made, file a Canton Center Review findings and Recommendations Report with the Board of Appeals. Failure to file within the time designated shall be deemed to be a recommendation the plan be approved, unless the Chairman of the Planning Board submits to the Board of Appeals within the initial thirty (30) day period and with the consent of the applicant, a request to extend the time of filing for an additional thirty (30) days.

3. Although the Zoning Board of Appeals (ZBA) shall carefully consider the findings and recommendations of the Planning Board’s design review, the ZBA shall not be bound by any specific findings or recommendations.

10.7.18 Uses and Activities Subject to Design Review. The following uses and activities in the Central Business District shall be subject to design review:

1. Requests for sign permits submitted in accordance with the provisions of Section 6.3;

2. Requests for site plan approval submitted in accordance with Section 10.5;

3. Not Used

4. Any construction, alteration, demolition or removal of a structure or site, other than any construction, alteration, demolition or removal of a single-family residence which does not change the single-family use of the structure or site, shall be subject to review by the Planning Board. This includes all actions except those that are considered to be routine maintenance.

10.7.19 Design Standards and Criteria.

1. Specific Site Design Standards:

-147- i. Building Placement: The building shall be placed at the front of the property and oriented along the street to be the most prominent feature of the property and define the primary and secondary street frontages.

ii. Parking Placement: Parking is required to be located to the rear of the building or underground integrating with the foundation of the building.

iii. Integrated Access Drives: All access drives shall be designed to be secondary to the sidewalk. Sidewalks shall be continuous and uninterrupted in materials, elevation, and grading.

iv. Compatible with Context: The site design including the selection of materials and products shall contribute to a cohesive Downtown environment and strengthen the sense of place.

2. Specific Frontage Design Standards:

i. Integrated with Public Realm: The private property between the front lot line and the building shall be integrated and indistinguishable from the adjacent public realm.

ii. Coordinated Materials: The surface treatments of sidewalks and plazas on the private property shall extend the materials, details, and design features of the adjacent public realm.

iii. Extended Sidewalk Area: The space between the building and the street shall be an extension of the sidewalk and public realm.

3. Specific Building Design Standards:

i. Building Scale Horizontally: The building massing and form shall be designed to reduce the scale of the building by breaking the horizontal building mass into smaller “bays.” No bay shall be wider than 40 feet.

ii. Building Scale Vertically: The building massing and form shall be designed to reduce the scale of the building by breaking the vertical building mass to reduce the perceived height of the building. For example, a stepback at the top floor reduces the visual impact of the height of that floor.

iii. Step Back: The fourth floor must step back 12 feet from the front and sides of the third floor.

iv. Relationship to Context: Building height and massing should respond to and complement the abutting context by responding to the height of surrounding buildings with a change in building massing, a step back or feature of the architectural design or building

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4. Specific Facades, Windows and Doors Design Standards:

i. Active Ground Floor: The ground floor must place active uses with transparent windows toward the primary frontage. The ground floor facade must be a minimum of 60% transparent glass (including window trim, sills, spacers, and mullions.

ii. Facade Transparency: The ground floor shall be more transparent with glass storefronts showing active uses within the building. The upper levels shall be less transparent and shift from a storefront system to punched window openings.

iii. Facade Visual Interest: Any side of the building that is visible from a street or sidewalk shall have windows. Blank walls do not contribute to a vibrant downtown environment. Where a blank wall length greater than 40 feet is unavoidable it shall be location of an art installation or mural.

5. Specific Parking Design Standards:

i. Parking Location: All parking shall be located to the rear of the building or in some circumstances designed to be integrated with the foundation of the building with integrated ramp access to parking below grade.

ii. Efficient Parking Access: Access to parking shall be as efficient as possible and reduce conflict with sidewalks.

iii. Minimize Sidewalk Disruption: Minimize the width of curb cuts and driveways, with a preference for the narrowest width possible.

6. Specific Signage Design Standards:

i. Consistent Sign Band: In order to strengthen the downtown environment, signage shall be attached to the building at a consistent height above the ground floor storefront system in a “sign band” area.

7. Specific Landscape and Open Space Design Standards:

i. Landscape as a Feature of Downtown: A lush and enhanced landscape should be viewed as one of the common characteristics of Canton Center. An increase in the amount of landscaping and its enhanced maintenance and care should be a noticeable feature of the district.

ii. Preserve Existing Trees: Existing trees shall be preserved on the property with a particular focus on preservation and protection of established street trees, shade trees, and

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8. Specific Pedestrian and Bicycle Improvement Design Standards:

i. Integrate Secure Bicycle Parking Areas: Parking for bicycles shall be integrated into the site design for the property providing convenient locations to securely lock bicycles on the property.

9. Specific Site Service and Utilities Design Standards:

i. Locate Behind the Building: All loading, service, and access areas shall be located to the rear of the building.

ii. Screening Requirements: All dumpsters or other service areas shall be completely visually enclosed with a screening wall or fence and integrated with the overall site layout.

iii. Integrate with the Rear Ground Floor Facade: Loading dock and service areas that are part of the building shall be located on the rear facade and shall be integrated with the design of the ground floor.

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