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Canton City Zoning Code

CHAPTER 10

B-3 CENTRAL BUSINESS DISTRICT

10-10-1: STATEMENT OF PURPOSE:

The central business district regulations as specified in this chapter are intended to permit a wide range of business activities commensurate with the diversified nature of the central business area of the city. The intent of the regulations is to permit the concentrated activity which traditionally takes place in the central area, taking into account the need for compactness within the framework of the traffic circulation. The central business district is intended to encourage and strengthen the regional character of the central area. Parking facilities are to be provided in large, combined parking areas to serve shoppers and employees in the central business district. (Ord. 567, 11-1976)

10-10-2: PERMITTED USES:

Any retail business or service establishment permitted in the B-1 district, under the same conditions as stated therein; provided, however, that ministorage units shall not be permitted in the B-3 district.
Accessory structures, uses and signs customarily incidental to the above permitted uses, subject to the following restrictions:
   (A)   Signs shall be regulated by chapter 15 of this title.
   (B)   Storage garages and commercial garages as an accessory to a permitted use.
Any service establishment or an office-showroom or workshop in the nature of an electrician, decorator, dressmaker, tailor, shoemaker, baker, printer, upholsterer, photographic reproduction, and similar establishments that require a retail adjunct and of no more objectionable character than the aforementioned, subject to the provision that no more than five (5) persons shall be employed at any time in the fabrication of goods.
Blueprinting, photocopy, printing.
Bus passenger stations.
Business schools and colleges, or private schools operated for profit.
Carpet, rug, linoleum, or other floor covering stores.
Catering establishments.
Clothing or costume rental establishments.
Department stores.
Eating or drinking establishments, except those having the principal character of a drive-in facility wherein food is served to a customer in his vehicle.
Furniture stores.
Governmental office or other governmental use; public offices, exchanges, transformer stations, and service yards, but not including outdoor storage yards.
Hotels and motor hotels.
Interior decorating establishments.
Medical or dental laboratories for research or testing, not involving any danger of explosion, nor of offensive noise, vibration, smoke, odorous matter, heat, humidity, glare, or other objectionable effects.
Monument sales establishments, with incidental processing to order, but not including the shaping of headstones.
Mortuary establishments.
Moving or storage offices, with storage limited to items for retail sale and to one thousand five hundred (1,500) square feet of floor area per establishment.
Musical instrument repair shops.
Off street parking and loading space as required in chapter 14 of this title.
Office or business machine stores, sales or rental.
Photographic developing or printing establishments and studios.
Printing establishments.
Private clubs.
Public auction rooms.
Public garages.
Publicly owned buildings, public utility buildings and service yards but not including storage yards.
Radio and television studios.
Studios for music, dancing, or theatrical instruction.
Television, radio, or household appliance repair shops.
Theater, dance halls, assembly halls, lodge halls or similar places of assembly.
Typewriter or other small business machine repair shops.
Wedding chapels or banquet halls.
Other uses similar to the above and subject to the following regulations:
   (A)   All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.
   (B)   All business, servicing, or processing, except for off street parking, loading, and those open air uses indicated as being permissible on special approval in section 10-10-3 of this chapter, shall be conducted within completely enclosed buildings. (Ord. 567, 11-1976; amd. Ord. 1565, 11-4-1997)

10-10-3: SPECIAL USE EXCEPTIONS:

Bed and breakfast.
Multi-family dwellings subject to the provisions of chapter 7 of this title.
Microbreweries and wineries, as said businesses are defined in Section 3-8-1 of this Code.
Open air business uses, subject to the following regulations:
Open air business uses, subject to the following regulations:
   (A)   The minimum area of the site shall be ten thousand (10,000) square feet.
   (B)   The minimum street frontage shall be one hundred feet (100').
   (C)   There shall be provided around all sides of the site, except at entrances, exits, and along sides of premises enclosed by buildings, a fence or wall, five feet (5') in height, in order to intercept windblown trash and other debris. Where the side abuts any residentially zoned district, the requirements for protective screening shall apply as specified in the particular zoning district in which said use is located.
   (D)   Lighting shall be installed in a manner which will not create a driving hazard on abutting streets or which will not cast direct illumination on adjacent properties.
   (E)   Before approval is given for any use, a site plan shall be first submitted to the joint planning and zoning commission for review and recommendation as to suitability of location of entrances and exits to the site, parking area, fencing, lighting, and other design features.
   (F)   All other open air business uses, a site plan shall be first submitted to the joint planning and zoning commission for review and recommendation as to suitability of location of entrances and exits to the site, parking area, fencing, lighting, and other design features.
   (G)   Bowling lanes and buildings when located at least one hundred fifty feet (150') from any property zoned in a residential classification.
Signs when located on the same lot pertaining to the use of that particular building or buildings; provided, that they will not overhang any public right of way, shall not be illuminated, and shall not exceed twelve (12) square feet in area.
Single-family residential utilization by owner, of second floor of business building. Emergency egress must conform to current code. (Ord. 567, 11-1976; amd. Ord. 1714, 12-4-2001; Ord. 1860, 4-4-2006; Ord. 3041, 12-3-2013; Ord. 4302, 10- -2022)

10-10-4: BUILDING HEIGHT:

Six (6) stories or eighty feet (80'), except for multi-family uses which shall be limited to ten (10) stories or one hundred twenty five feet (125'). (Ord. 567, 11-1976)

10-10-5: LOT REQUIREMENTS:

No restriction. (Ord. 567, 11-1976)

10-10-6: LOT COVERAGE:

No restriction. (Ord. 567, 11-1976)

10-10-7: YARD REQUIREMENTS:

   (A)   Front Yard Setback: None required, except that where located on a street frontage within a residential district, the front yard regulations of the residential district shall be required.
   (B)   Side Yard: No side yards or rear yards are required along the interior side lot lines, except as otherwise specified by the building code. On the exterior side yard or rear yard which borders on a residential district, there shall be provided a side yard equal to that required by the residential district.
   (C)   Rear Yard: No rear yards are required. (Ord. 567, 11-1976)

10-10-8: OFF STREET PARKING:

See chapter 14 of this title. Lots with a width of less than forty feet (40') and/or less than five thousand (5,000) square feet in area are excepted from off street parking requirements. (Ord. 567, 11-1976)

10-10-9: OFF STREET LOADING:

See chapter 14 of this title. (Ord. 567, 11-1976)

10-10-10: SIGN REGULATIONS:

Signs shall be regulated by chapter 15 of this title. (Ord. 567, 11-1976)

10-10-11: GARBAGE REFUSE CONTAINERS:

   (A)   The owner, manager or operator of every establishment or otherwise, producing garbage, vegetable and/or food wastes or other putrescible materials shall provide, and at all times, cause to be used, leakproof containers having close fitting covers for storage of such materials until such time as the waste is removed from the premises for disposal.
   (B)   Any garbage dumpster or other garbage refuse container, including grease traps (collectively "garbage refuse containers"), that are situated within the B-3 zoning district shall be governed by the following regulations:
      1.   All garbage refuse containers are to be placed on private property. Where it is not possible to place garbage refuse containers on private property, they may be placed in public alleys within the B-3 zoning district after written notification is submitted to and approved by the head of the public works department.
      2.   No garbage refuse containers can be placed on any public thoroughfares, sidewalks or parking lots.
   (C)   Any individual or entity who utilizes the alleys in the B-3 zoning district for the placement of their garbage dumpsters agrees to defend, indemnify and hold harmless the city of Canton, its officials, agents, and employees against all injuries, deaths, loss, damages, claims, suits, liabilities, judgments, cost and expenses (including attorney fees) which may in any way accrue against the city of Canton, its officials, agents and employees, arising in whole or in part or in consequence of the placement and use of said garbage dumpster.
   (D)   The city of Canton reserves the right to order a garbage refuse container removed or moved if it is found to violate any of the aforementioned standards or otherwise compromise the public health, safety or general welfare. The cost of removal will be billed to and is the responsibility of the garbage refuse container owner/operator/lessee.
   (E)   Temporary removal may be required to facilitate activities such as snow removal, street cleaning or alley improvements. (Ord. 2098, 10-2-2012)