The intent of this document is to provide an assessment of the Canton Zoning Code as part of the Comprehensive Plan update and the comprehensive rewrite of the Canton Zoning Code. The aim of the Zoning Code rewrite is threefold. 1. To rework the Canton Zoning Code into a user- friendly. 2. To modernize the regulatory provisions of the Zoning Code to better facility investment, development, and the quality of development. 3. To implement the future land use recommendations of the Comprehensive Plan. The following are preliminary thoughts, findings, and recommendations resulting from the assessment of the Zoning Code. Canton Zone Code as its Own Document: Title Five, Chapter 1121 1169.11 should be established and referenced in the City Code as the Zoning Code. However, these specific chaptersthe Zoning Codeshould be removed from the City Code and managed as its own document. o The Zoning Code, unlike most other City Codes, is a user intensive document that is continually accessed and utilized by city staff, residents, businesses, attorneys, developers, and investors. Therefore, it should easily accessible and available for download. o Maintaining the Zoning Code as part of the City Code restricts the Zoning Code from being designed in a user friendly fashion and limits accessibility to the Zoning Code. o Therefore, it is recommended that the Zoning Code become its own document and maintained separate from the City Code.
Reorganization of the Canton Zone Code as its Own Document: The Canton Zoning Code is reasonably organized. However, aspects of the organization are cumbersome and illogical as to where specific provisions will be found in the Zoning Code. This results in the Zoning Code not being a user-friendly document that layman citizen can easily navigate and understand. Therefore, the document should be reorganized into a more logical, intentional, and user friendly format. o It is recommended that the Zoning Code be reorganized into a chapter or section format that groups related provisions together, allowing the end users to easily navigate and understand the Zoning Code. o A general outline and format for the reorganization of the Zoning Code would include the following Chapters: ! 1. Power and Authority ! 2. Interpretation (How to interpret the Regulations and Definitions) ! 3. General Regulations (Applying to all Zones) ! 4. Residential Regulations (All provisions related to residential uses) ! 5. Commercial and Industrial Regulations (All provisions related to commercial and industrial uses) ! 6. Site Development Standards (Site design and aesthetics) ! 7. Supplemental Regulations (Requirements for specific uses) 2
! 8. Administration and Enforcement (Roles, process, permitting, procedures, and enforcement)
Modernization of Site Design Standards: The area of the Zoning Code that could benefit the most from updating and modernization is the site design standards. While the Zoning Code provides general site design standards, the existing standards are dated and by todays standards incomplete. o Site design standards are a powerful tool for a community shape the quality and design of development, especially in regards to improving expectations, aesthetics, and the quality of property appearance. Therefore, incorporating modern and high quality site design standards will not only improve the Zoning Code, but also improve the aesthetic quality of development and redevelopment in Canton. o New and modern site design standards should include, at a minimum, the following: ! Sustainable Development Standards ! Performance Standards ! Landscape Design and Buffers ! Outdoor Illumination ! Off-Street Parking and Loading ! Infrastructure and Utilities ! Signage Regulations ! Outdoor Merchandise Display ! Outdoor Storage ! Refuse Storage ! Accesses Management and Consolidated Parcels
Pyramid Approach to Zoning Uses: The Canton Zoning Code employees a pyramid approach to uses by zoning district. This approach common decades ago, but had become less common over time as a result of the less than desirable outcomes that sometimes result. The Pyramid approach allows more restrictive uses zones to also be allowed in less restrictive zoneseach zone allowing the uses in prior zones along with additional uses for the specific zone. For example, light industrial uses allow in the heavy industrial zone. o The pyramid approach often results in zoning districts with a hodgepodge of uses and to some extent, the mixing or proximity of incompatible uses. o Euclidian zoninguses segregated by zoning districtwhile at time criticized for the segregation of uses, provides predictability and stability within zoning districts. From a real estate market perspective, this segregation of use is positive since it provides both predictability and stability within zoning districts. 3
o The Euclidian approach to specific zones for specific uses can better accommodate a desirable mix of usesincluding mixed usethan the Pyramid approach. o Removing the pyramid approach and clarifying uses by zoning districts will provide greater order, stability, and predictability within zoning districts and neighborhoods. Therefore, as part of the comprehensive rewrite of the Zoning Code, it is recommend that pyramid approach abandoned and uses be permitted by zoning district based the existing character, future land use recommendations, and desired outcomes for each zoning district.
The Number of Zoning Districts: The Zoning Code and Map are divided into a total of 22 zoning districts (note, there are conflicts between the zone designations within the Zoning Code and designations on the Map Legend). The district designations generally include six Business Districts, two Industrial Districts, nine Residential Districts, and five specific or special use districts. o A total of 22 zoning districts appears to be excessive and efforts should be made through the Future Land Use Plan process and Zoning Code rewrite process to combine and reduce the total number districts. ! The potential to combine and reduce districts will be determined based on the compatibility of existing uses and similarities in the existing density, bulk, and area requirements for each district. ! The decision to combine and reduce districts will be driven by the future land use recommendations that result from the comprehensive planning process. ! Therefore, final decision on the consolidation and reduction in zoning districts should be reserved as one of the last steps in the comprehensive rewrite of the Zoning Code.
Use of Tables and Diagrams: In regards to the aim of creating a user-friendly Zoning Code, the utilization of tables and diagrams is an effective means of simplifying the Zoning Code. o As part of the comprehensive rewrite of the Zoning Code, it is recommended that tables be used to simply, clarify, and reduce the repetitiveness of regulatory language and provisions. Tables can be used for: ! Bulk and Area Requirements ! Uses by Zoning District ! Parking Requirements o As part of the comprehensive rewrite of the Zoning Code, it is recommended that diagrams used to demonstrate regulatory definitions and requirements. Diagrams can be used for: ! Lot definitions ! Yard Requirements and Setbacks 4
! Parking Lot Design and Configuration ! Building Location and Placement ! Signage
Administration and Enforcement: The land use permitting process in Canton appears to function reasonable well in regards to process and length of time for permits to be issued. However, improvement can be made that will improve the process and make the process more user friendly. Therefore, the comprehensive rewrite of the Zoning Code will seek to improve the regulatory provisions related to Zoning Code Administration and Enforcement. This will include: o An Administration and Enforcement Chapter o Clarification of Permits Issued by Staff versus Commission o Emphasis on Permitting Requirements o Related Forms and Handouts for the Public
Comprehensive Plan and Future Land Use Plan: The Comprehensive Plan process and the Future Land Use Plan recommendation will drive the final decisions changes to the Zoning Code regarding land use and desired outcomes of the Comprehensive Plan. Therefore, it is not possible at this time to make specific recommendation regarding zoning districtsspecifically uses, intensity, density, and bulk and area. Those decision will unfold and evolve throughout the Comprehensive Plan process. However, this should not delay other work on comprehensive rewrite of the Zoning Code. Work can proceed on the: o Reorganization of the Code o Elimination of duplication in language o Incorporation of tables and diagrams o Modernization of site design standards
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Zoning Code Possible Reorganization
1.00 Introduction Authority, Purposes, Zoning Regulations, Zoning Districts 2.00 Interpretation General Interpretation, Interpretation of Terms, Definitions 3.00 GENERAL REGULATIONS Applicability, General Provisions (Yard Projections), Nonconforming Uses/ Lots/ Structures, Coastal Area, Flood Hazard Areas, Lot Design Standards 4.00 RESIDENTIAL ZONES Purpose, Principal Uses, Accessory Uses, Accessory Buildings and Structures, Special Permit Uses, Area, Yard, and Bulk Requirements 5.00 COMMERCIAL AND INDUSTRIAL ZONES Purpose, Permitted Uses, Accessory Uses, Accessory Buildings and Structures, Special Permit Uses, Area, Yard, and Bulk Requirements 6.00 SITE DEVELOPMENT REGULATIONS Site Design, Landscape Regulations, Off-Street Parking Regulations, Sign Regulations, Performance Regulations, Soil Erosion & Sediment Control, Earth Products, Drainage, Refuse, Lighting, Access Management 7.00 SPECIAL PERMIT CRITERIA
8.00 Supplemental Regulations Multi-Family Development, Cluster Development, Affordable Housing, Elderly Housing, Assisted Living Facilities, Motor Vehicle Repair, Alcoholic Beverages 9.00 Administration Administration (Commission, Staff), Enforcement, Authority, Zoning Board Of Appeals, Validity, Effective Date
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Use of Diagrams
Utilizing Diagrams and Graphics in Zoning Defining Building Placement, Street Design, and Parking Location
Building Placement
Street Design
Parking Design
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Use of Diagrams
Utilizing Diagrams and Graphics in Zoning Defining Building Placement, Street Design, and Parking Location
Defining Lots and Yards
Maximum building height and measurement for Gable Roof
!"#$%& ( )"*+%," -.". A-1 C-1 C-2 C-3 I-1 SA SBV Retail Establishments P P P P P P Service Establishments, Personal/Professional P P P P P P Retail/Service Establishments Over 30,000 square feet P P P P P P Day Care Centers and Nursery Schools P P P P P Grocery Stores (Under 18,000 Sq, Ft.) P P P P Dry Cleaning and Laundromat Establishments P P P P P Restaurants (4) P P P P P Hotel P P P P Funeral Home, Mortuaries, Morgues PB P P Parking Lots and Parking Garages P P P P CU Truck Stops (3) CU CU CU Financial Institutions & Banks P P P P Bed and Breakfast (<=10 guests) CU CU P = Permitted Use PB = Permitted by Board of Adjustments - CU = Conditional Use