Darren Roller, Canton Building Inspector
Cell: 620-654-6265
Email: droller@hometelco.net 


The building inspector shall be responsible for administering and enforcing all building code requirements as set out by the Canton City Code.

A building permit is required for all new construction. Applications are available at the City Office at 100 S. Main.

Section 4-213. The fee for a building permit shall be $ 15.00 per estimated building cost up to
$ 10,000.00. For all buildings for which the estimated cost is greater than  $ 10,000.00 the fee is
an additional $ 1.50 per $ 1,000.00 of value. The fee herein shall be paid to the city clerk upon obtaining a building permit and the same shall be credited to the general operating fund of the city.
 

 


ZONING REGULATIONS FOR THE CITY OF CANTON RESIDENTIAL DISTRICT
 

3.1     ZONING OF LAND

The City of Canton is hereby divided into the following zoning districts:

     1.     Residence

     2.     Business

     3.     Commercial

3.2     ZONING DISTRICT LOCATION 

The location and extent of the zoning districts estab­lished in section 3.1 are shown on the zoning map incor­porated into Part 4 of these zoning regulations.

3.3     GENERAL REQUIREMENTS FOR ALL DISTRICTS

3.3.1     Permitted Uses

No building or structure shall be erected hereafter, no use of waters, land, buildings, or structures shall be established hereafter, no structural alteration, repair, or relocation of existing buildings or structures shall occur hereafter, and no enlargements of or additions to existing uses shall occur hereafter except where such shall be for or result in a use which is permitted within the zoning district in which such waters, land, building, structure, or use is located or unless as otherwise provided by these zoning regulations.

3.3.2     Special Uses

No use shall be allowed as a special use in any zoning district unless such use is specifically permitted as a special use by the regulations for the district in which such use is to be located, and then only if a special permit has been issued in complete accordance with the regulations governing such permits as set forth in section 2.2 of these zoning regulations.

3.3.3     Requirements

No building or structure shall be erected nor any use established, nor any modification made to either of these,

unless such building or structure or such use complies with all requirements of these zoning regulations pertaining to lot size., building, yards and open space, offstreet parking and loading, and other such requirements specified in these zoning regulations.

3.3.4     Infringements in Yards

The following shall not be considered to be infringe­ments of required open space when located in the required yards specified:

1. In all yards--

a.     Open terraces not over four feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch;

b.     Awnings and canopies;

c.     Steps, four feet or less above grade, which are necessary for access to a permitted building or for access to a zoning lot from a street or alley;

d.     Chimneys projecting 18 inches or less into the yard;

e.     Recreational and laundry-drying equipment;

f.      Arbors and trellises;

g.    Flag poles;

h.    Fences and walls; and

i.     Signs as permitted by these regulations.

2. In front yards--

a. One-story bay windows projecting three feet or less into the yard; and

b.     Overhanging eaves and gutters projecting three feet or less into the yard.

3. In side yards--

a.     Overhanging eaves’ and gutters projecting into the yard for a distance not exceeding 10 percent of the required yard but in no case exceeding 18 inches.

4. In rear yards--

a.     Enclosed, attached or detached, required offstreet parking spaces;

b. Open offstreet parking spaces;

c.     Accessory sheds, tool rooms, and similar buildings or structures for domestic or agricultural storage;

d.     Balconies;

e.     Breezeways and open porches;

f. One-story bay windows projecting three feet or less into the yard; and

g.     Overhanging eaves and gutters projecting three feet or less into the yard.

3.3.5     Height Exceptions for Appurtenances

Necessary mechanical or structural appurtenances to buildings shall be permitted to exceed the maximum height provisions of the use zone in which the buildings are lo­cated when erected in accordance with all other requirements of this and all other ordinances.

3.3.6     Setback Lines

1. On streets where a front yard more than that required by these regulations has been maintained for existing structures on lots having a frontage of 50 percent or more of the total frontage on one side of that street between two intersecting streets there shall be maintained a frontyard setback of not less than the average setback of the existing structures, provided that these regulations shall not be interpreted to require a front yard set­back of more than 50 feet.

2. On streets where a front yard less than that re­quired by these regulations has been maintained for existing structures on lots having a frontage of 50 percent or more of the total frontage on one side of that street between two intersecting streets the front yard setback need not be greater than the average setback of the existing structures, provided that these regulations shall not be inter­preted to permit a front yard setback of less than 20 feet.

3. On through lots extendin9 from one street to another a front yard is required on each street.

3.3.7     Moved Structures

No structure shall be moved into the municipality, nor from one location to another location within the municipality, unless such structure shall, when relocated, be made to conform fully with these regulations and other applicable codes and ordinances, including codes and ordinances related to building and construction. No zoning permit shaiLbe issued unless the general height and outward appearance of such structure conforms to that of other buildings in the area to which it is moved to such an extent that its re­location shall not be detrimental to the appearance of the area or have substantial adverse effect on values of adja­cent properties.

3.3.8     Exemptions

1. The following structures and uses shall be exempt from the provisions of these regulations:

a. Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or other similar equipment, but not including sub­stations located on or above the surface of the ground, for the distribution to con­sumers of telephone or other communications service, electricity, gas, or water, or for the collection of sewage or surface water, where such distribution or collection is operated or maintained by a public utility.

b.     Railroad track, signals, bridges, and similar facilities and equipment located on a rail­road right-of-way, and maintenance and repair work on such facilities and equipment.

2.     Notwithstanding any other provision of these regulations, none of the following public utility or public service uses shall be required to comply fully with the size requirements and bulk regulations of the zoning district in which they are located, except as may be determined by the board of zoning appeals where such use is subject to conditions imposed as part of a special use permit.

a.     Electric and telephone substations and dis­tribution systems.

b.     Gas regulator stations.

c.     Pumping stations.

d.     Radio, television, and micro-wave transmitting or relay stations and towers.

e.     Transformer stations.

f.      Water towers and standpipes.

3.4     RESIDENCE DISTRICT

3.4.1     Legislative Intent

The residence district is intended to provide an area for predominately single family homes, the necessary and beneficial public service facilities to support residential living, and certain appropriate other uses which are com­patible to residential areas and which provide other bene­ficial services to the area’s residents.

3.4.2     Permitted Uses

1.     Agricultural uses, including farm dwellings and accessory structures, but not commercial feed lots.

2.    Single family dwellings, but not mobile homes.

3.    Two-family dwellings.

4.    Parks and recreation areas and community buildings and facilities owned by a public or quasi-public en t i ty.

5.    Churches and similar religious facilities.

6.    Greenhouses and nurseries.

7.    Board and rooming houses providing not more than two sleeping rooms for not more than a total of four tenants, wherein board may be furnished for the tenants only but separate culinary accommoda­tions for the tenants may not be provided.

3.4.3     Special Uses

1. Mobile home parks.

2. Multi-family dwellings.

3. Day care centers.

4. Private swimming, tennis, racquetball, and similar recreational clubs.

5.     Hospitals and medical or dental offices and medical or health clinics.

6.     Nursing and convalescent homes.

7. Public utility facilities such as electric and telephone substations and distribution centers, gas regulator stations, pumping stations, and water towers or standpipes.

3.4.4     Lot Requirements

3.4.4.1     Minimum lot areas

1. For single family dwellings--6000 square feet.

2. For two or more family dwellings--3000 square feet per family.

3. For other permitted uses--6000 square feet.

3.4.4.2     Minimum lot width

1. For lots having a required minimum of 6000 square feet.--50 feet.

2. For lots having a required minimum of more than

6000 square feet.--50 feet, plus 25 feet for each 3000 feet required over 6000 square feet.

3.4.5.     Yard Requirements

3.4.5.1     Minimum front yard--40 feet.

3.4.5.2.     Minimum side yard--12 feet. Where the side yard line is a street right-of-way line, that side yard shall be a minimum of 25 feet.

3.4.5.3     Minimum rear yard--12 feet.

3.4.6     Building Requirements

3.4.6.1     Location--No building or structure shall be constructed within 12~feet of the center line of any alley, or easement of access.

3.4.6.2     Maximum structure height--35 feet or 2½ stories, measured from the lot ground level to:

1. The highest point of a flat roof;

2. The deck line of a mansard roof; or

3. The mean height level between eaves and ridges for gable and hip roofs.

3.4.6.3     Maximum lot coverage--35 percent of the total lot area.

3.4.6.4     Minimum ground floor area--900 square feet.

3.4.7     Accessories

3.4.7.1     Buildings and structures

1. The following buildings and structures may be con­structed on the same lot as the principal use or building to which they are accessory.

a.     Customary accessory structures for permitted residential uses, including sheds, tool rooms, and similar structures for domestic or agri­cultural storage; garages and shelters for the offstreet parking of automobiles; and swimming pools and yard and garden fixtures such as trellises and seats.

b.     Customary accessory structures for special uses in accordance with the conditions and limitations imposed on such use by the special use permit.

c.     Temporary structures incidental to construction work, but only for the period of such work.

d.     Accessory structures required or permitted under the provisions of these regulations governing signs and offstreet parking and loading requirements.

2. The following additional limitations shall apply to accessory buildings and structures.

a.     Accessory buildings and structures shall be so located on the lot as to comply with all yard and setback requirements for the zone in which they are located.

b. No part of any accessory building shall be lo­cated closer than five feet to any principal building or structure, unless such is attached to and forms a part of the principal structure.

c.  No accessory structure constructed on any lot shall be occupied prior to the completion of the principal structure to which it is accessory.

3.4.7.2     Offstreet parking and loading requirements

1. For single family dwellings.--One parking space of not less than 180 square feet, enclosed or open, located on the lot.

2. For dwellings of more than one family.--One parking space of not less than 180 square feet for each family, enclosed or open, located on the lot.

3.4.7.3     Access and utilities

1.     Access to each use established on a lot, in the form of driveways, walkways, or other such means, shall be provided on the same lot.

2. No use shall be established on a lot unless the same is provided with public water and sewer service. All other necessary utilities shall be provided through appropriate easements of access, and such shall be verified prior to the granting of a zoning permit or certificate of compliance.

3.5     BUSINESS DISTRICT

3.5.1     Legislative Intent

The business district is intended to provide an area for retail shopping and social interchange for the residents of the community, where retail stores and offices and other com­patible establishments are frequented primarily by pedestrians.

3.5.2     Permitted Uses

1. Apartment buildings.

2. Hotels.

3. Retail stores. 

4. Shops for crafts and services such as barber shops, florists, cobblers, and watch and clock repair.

5. Banks and financial institutions.

6. Offices and office buildings.

7. Medical and dental offices.

8. Restaurants and taverns.

9. Clubs and lodges.

10. Auditoriums, theatres, or other places of public assembly.

11. Churches and similar religious facilities.

3.5.3     Special Uses

1. Any of the uses permitted in the Commercial District.

2. Public utility facilities such as electric and telephone substations and distribution centers, gas regulator stations, pumping stations, and water towers or standpipes.

3.5.4     Lot Requirements

3.5.4.1     Minimum lot area

1. For apartment buildings--2,000 square feet per dwelling unit.

2. For other permitted uses--3,000 square feet.

3.5.4.2     Minimum lot width

1. For apartment buildings--50 feet.

2. For other permitted uses--25 feet.

3.5.5     Yard Requirements

3.5.5.1     Minimum front yard--None.

3.5.5.2     Minimum side yards-- None, but where a side yard is provided, it shall be a minimum of 6 feet.

3.5.5.3     Minimum rear yard--None, but where a rear yard is provided, it shall be a minimum of 6 feet.

3.5.6     Building Requirements

3.5.6.1     Location--No building or structure shall be constructed within 12 feet of the center line of any alley, or easement of access.

3.5.6.2     Maximum structure height--45 feet or 2½ stories, measured from the lot ground level to:

1. The highest point of a flat roof;

2. The deck line of a mansard roof; or

3. The mean height level between eaves and ridges for gable and hip roofs.

3.5.6.3     Maximum lot coverage--No limit.

3.5.6.4     Minimum ground floor area

1. For apartment buildings--1,050 square feet.

2. For other permitted uses--900 square feet.

3.5.7     Accessories

3.5.7.1     Buildings and structures

1. The following buildings and structures may be con­structed on the same lot as the principal use or building to which they are accessory.

a.     Customary accessory structures for permitted residential uses, including sheds, tool rooms, and similar structures for domestic or agri­cultural storage; garages and shelters for the offstreet parking of automobiles; and swimming pools and yard and garden fixtures such as trellises and seats.

b.     Customary accessory structures for permitted retail, service, and other non-residential uses, such as shelters or storage sheds, but such accessory structures shall not exceed 40 percent of the principal building in ground floor area.

c.     Customary accessory structures for special uses in accordance with the conditions and limitations imposed on such use by the special use permit.

d.     Temporary structures incidental to construction work, but only for the period of such work.

e.     Accessory structures required or permitted under the provisions of these regulations governing signs and offstreet parking and loading re­quirements.

2.    The following additional limitations shall apply to accessory buildings and structures.

a.     Accessory buildings and structures shall be so located on the lot as to comply with all yard and setback requirements for the zone in which they are located.

b. No part of any accessory building shall be lo­cated closer than five feet to any principal building or structure, unless such is attached to and forms a part of the principal structure.

c.  No accessory structure constructed on any lot shall be occupied prior to the completion of the principal structure to which it is accessory.

3.5.7.2     Offstreet parking and loading requirements

1. None required.

3.5.7.3     Access and utilities

1.     Access to each use established on a lot, in the form of driveways, walkways, or other such means, shall be provided on the same lot.

2. No use shall be established on a lot unless the same is provided with public water and sewer service. All other necessary utilities shall be provided through appropriate easements of access, and such shall be verified prior to the granting of a zoning permit or certificate of compliance.

3.6     COMMERCIAL DISTRICT

3.6.1     Legislative Intent

The commercial district is intended to provide an area for retail, wholesale, and service establishments which depend more on access by automobiles and other motor vehicles for the carrying of purchased goods; for establishments which utilize motor vehicles and other heavy forms of transportation for the delivery of raw materials and parts to manufacturing and processing places and for the shipment of finished pro­ducts; for establishments engaged in the storage of bulk or heavy materials and machinery or parts thereof; for light manufacturing or industrial plants of a non-offensive nature; and for other establishments which require larger spaces than those locating in the business zoning district and which do not cater to or depend on pedestrian clients or customers.

3.6.2     Permitted Uses

1.     Automobile service stations.

2.     Automobile repair shops.

3.     Automobile and motor vehicle parking lots.

4.     Automobile and other heavy equipment sales.

5.     Motels.

6.     Restaurants and taverns.

7.    Clubs and lodges.

8.     Auditoriums, theatres, or other places of public assembly.

9.     Drive-in establishments.

10.   Laundries and dry cleaners.

11.   Feed and farm supply stores.

12.   Lockers and other commercial storage establish­ments.

13.   Funeral establishments.

14.   Lumber, cement, and building supply stores and storage yards, including incidental processing operations.

15.   Greenhouses.

16.   Light manufacturing or industrial processing plants of a non-offensive nature such as printers, garment shops, and establishments for the manufacture of electronic equipment, machine parts, or other pro­ducts or the processing of feed or food products or other materials

3.6.3     Special Uses

1. Any uses permitted in the Business District.

2. Grain elevators and other bulk storage facilities.

3. Public utility facilities such as electric and tele­phone substations and distribution centers, gas regu­lator stations, pumping stations, and water towers or standpipes.

3.6.4     Lot Requirements

3.6.4.1     Minimum lot area

1. For apartment buildings.--2,000 square feet per family.

2. For other permitted uses.--6,000 square feet.

3.6.4.2     Minimum lot width

1. For lots having a required minimum of 6,000 square feet.--50 feet.

2. For lots having a required minimum of more than 6,000 square feet--50 feet, plus 25 feet for each 2,000 feet required over 6,000 square feet.

3.6.5     Yard Requirements

3.6.5.1     Minimum front yard--25 feet.

3.6.5.2     Minimum side yards--6 feet. Where the side yard line is a street right-of-way line, that side yard shall be a minimum of 25 feet.

3.6.5.3     Minimum rear yard--6 feet.

3.6.6     Building Requirements

3.6.6.1     Location--No building or structure shall be constructed within 12 feet of the center line of any alley, or easement of access.

3.6.6.2     Maximum structure height.--45 feet or 2½ stories, measured from the lot ground level to:

1. The highest point of a flat roof;

2. The deck line of a mansard roof; or 3.     The mean height level between eaves and ridges for gable and hip roofs.

3.6.6.3     Maximum lot coverage.--50 percent of the total lot area.

3.6.6.4     Minimum ground floor area

1. For one story buildings.--1,050 square feet.

2. For buildings with more than one story.--900 square feet.

3.6.7     Accessories

3.6.7.1     Buildings and structures

1. The following buildings and structures may be con­structed on the same lot as the principal use or building to which they are accessory.

a.     Customary accessory structures for permitted residential uses, including sheds, tool rooms, and similar structures for domestic or agri­cultural storage; garages and shelters for the offstreet parking of automobiles; and swimming pools and yard and garden fixtures such as trellises and seats.

b.     Customary accessory structures for permitted commercial, service, manufacturing, and other non-residential uses, such as shelters or storage sheds and structures for necessarily separate industrial processes.

c.     Customary accessory structures for special uses in accordance with the conditions and limitations imposed on such use by the special use permit.

d.     Temporary structures incidental to construction work, but only for the period of such work.

e.     Accessory structures required or permitted under the provisions of these regulations governing signs and offstreet parking and loading requirements.

2. The following additional limitations shall apply to accessory buildings and structures.

a.     Accessory buildings and structures shall be so located on the lot as to comply with all yard and setback requirements for the zone in which they are located.

b. No part of any accessory building shall be lo­cated closer than five feet to any principal building or structure, unless such is attached to and forms a part of the principal structure.

c.  No accessory structure constructed on any lot shall be occupied prior to the completion of

the principal structure to which it is accessory.

3.6.7.2     Offstreet parking and loading requirements

1.     Required parking space

a.     For hotels and motels--One parking space for each rental unit, plus one space for each three employees.

b.     For other permitted uses--One parking space for each three employees.

2.     Required loading space

Loading and unloading berths or spaces shall be provided on the lot in sufficient amount to adequately serve the establishment and its clients and to obviate interference with the use of public streets, alleys, and other ways.

3.6.7.3     Access and utilities

1.     Access to each use established on a lot, in the form of driveways, walkways, or other such means, shall be provided on the same lot.

2.     No use shall be established on a lot unless the same is provided with public water and sewer service. All other necessary utilities shall be provided through appropriate easements of access, and such shall be verified prior to the granting of a zoning permit or certificate of compliance.