The use of buildings, structures, and land in accordance with the City of Canton Comprehensive Plan shall comply with the use and development requirements for zoning districts set forth in chapter 102. Buildings, structures, or land shall be occupied, used or developed only in conformity with all of the regulations set forth herein for the district in which it is located.

(Ord. No. 2014-18, § 2, 8-21-2014)

Zoning districts are established to implement the vision for land use and development patterns as set forth in the comprehensive plan and to respect existing land use and development patterns of the City of Canton.

A.

Zoning districts for the City of Canton are hereby established as shown on the "Official Zoning Map of the City of Canton, Georgia" and as shown in table 102-1.

B.

The Official Zoning Map of the City of Canton, Georgia shall be identified by the signature of the mayor of the City of Canton, attested by the city clerk, and shall include the date of adoption.

C.

The Official Zoning Map of the City of Canton, Georgia may be amended according to the procedures set forth in chapter 105 of this UDC.

D.

Permissible uses and development standards for each zoning district are shown on table 102-4 and table 102-5 of this chapter.

Table 102-1 Zoning Districts — City of Canton

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2024-0404-2, § 1, 4-4-2024)

The following residential zoning districts are established:

A.

R-40 single-family residential (40,000 square feet). This district is intended to provide for low density single-family detached residences (not including manufactured homes) which are connected to public water and public sewer systems. Private septic systems shall be permissible where public sewer is unavailable, in accordance with this UDC and Cherokee County Environmental Health Office requirements.

B.

R-20 single-family residential (20,000 square feet). This district is intended to provide for medium density single-family detached residences (not including manufactured homes) which are connected to public water and public sewer systems.

C.

R-15 single-family residential (15,000 square feet). This district is intended to provide for medium density single-family detached residences (not including manufactured homes) which connect to public water and public sewer systems.

D.

R-10 single-family residential (10,000 square feet). This district is intended to provide for high density single-family detached residences (not including manufactured homes) which are connected to public water and public sewer systems.

E.

R-4 Single-family residential (4,000 square feet). This district is intended to provide for high-density, single-family detached cluster residences (not including manufactured homes) which are connected to public water and public sewer systems.

F.

RA-6 residential attached (six du/acre). This district is intended to provide for single family attached (duplexes, tri-plexes and quad-plexes) and detached dwelling units which are individually connected to public water and public sewer systems. This district shall not be construed to allow stacked units or manufactured housing.

G.

RA-8 residential attached (eight du/acre). This district is intended to provide for high density residential attached residences (duplexes, tri-plexes, and quad-plexes) which are connected to public water and public sewer systems. This district shall not be construed to permit stacked attached units or manufactured homes. Tri-plex dwelling units and quad-plex dwelling units are multiple family dwelling units and require conditional use approval.

H.

MHP manufactured home park (six du/acre). This district is intended to provide for high-density land-leased communities comprised of manufactured homes which are connected to public water and sewer systems. Stacked units are permissible.

I.

RM-15 multiple-family residential (15 du/acre). This district is intended to provide for multi-family residences which are connected to public water and public sewer systems. Multiple family residential dwelling units shall require conditional use approval.

J.

PD-Residential. This district is intended to provide for a mix of residential housing types and densities (not including manufactured homes) which are connected to public water and public sewer systems and which otherwise would not be permitted under this UDC because of the strict application of zoning district or general development standards. The primary intent of this district is to accommodate infill and redevelopment within the city, and the secondary intent is to guide quality greenfield development. This district is established to allow flexibility in land planning and site design, resulting in innovative concepts that deliver high quality design and open space amenities, compatible land uses, greater efficiency in the layout and provision of streets and other infrastructure, and environmentally sensitive development unified in a master plan. Multiple family residential dwelling units shall require conditional use approval.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2017-03, 3-16-2017; Ord. No. 2018-0920-02, 9-20-2018)

The following commercial, office and institutional zoning districts are established:

A.

Reserved.

B.

GC general commercial. This district is intended to provide for a wide variety of retail and service uses to satisfy the common and frequent needs of residents in large sections of the city. It is the intent of this district that permitted uses are located to create commercial centers or clusters along the city's major transportation arteries. The use of public water and public sewer systems shall be required.

C.

CBD central business district. This district is intended to provide for a mix of retail, office-professional, entertainment, residential and civic uses that benefit from close proximity to each other and that will generate pedestrian activity in the city's historic downtown core. The use of public water and public sewer systems shall be required.

D.

Reserved.

E.

O-I office institutional. This district is intended to provide for business and professional activities, medical and dental facilities, and community and institutional facilities.

F.

SU special use. This district is intended to provide for governmental and quasigovernmental institutions and facilities. The use of public water and public sewer systems shall be required.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2024-0404-2, § 2, 4-4-2024)

The following industrial zoning district is established:

A.

L-I light industrial. This district is intended to provide for light industrial uses which do not create excessive noise, odor, smoke, or dust and do not produce, store or handle hazardous waste. The intent of this district is to permit manufacturing, assembling, wholesaling, warehousing and similar uses that are connected to public water and public sewer systems.

(Ord. No. 2014-18, § 2, 8-21-2014)

The following mixed use zoning districts are established:

A.

Reserved.

B.

PD-mixed use. This district is intended to provide for a creative, compatible and connected mix of businesses, offices, and residential uses (not including manufactured homes) which utilize public water and public sewer systems and which otherwise would not be permitted under this UDC because of the strict application of zoning district or general development standards. The primary intent of this district is to accommodate infill and redevelopment within the city, and the secondary intent is to guide quality greenfield development. This district is established to promote master-planned development that establishes harmonious relationships between buildings, people and cars, maximizes open space opportunities, and offers a wide variety of goods and services that cater to employees, pedestrians, shoppers, and residents.

C.

Reserved.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2024-0404-2, § 3, 4-4-2024)

A.

Zoning districts as were established under the previous zoning ordinance of the City of Canton are hereby renamed to the following zoning district names and designations under this UDC, as shown in Table 102-2. All regulations, requirements and provisions of this UDC applicable to a zoning district established under this chapter shall apply to the previously named zoning district as now named, as shown in Table 102-2.

B.

All special conditions and special stipulations imposed as conditions of rezoning of property and conditions of master plan approval prior to adoption of this UDC are hereby retained and reaffirmed, and shall continue in full force and effect until such time as the property is rezoned or the prior zoning action of city council is amended through the rezoning process established by this UDC.

Table 102-2 Conversion of Previous Zoning Districts

All special conditions and special stipulations imposed as conditions of rezoning of property and conditions of master plan approval for multiple-family dwellings shall require a conditional use approval.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2017-03, 3-16-2017)

Twenty-five character areas are reflected on the future development map for the City of Canton, and each are implemented by individual zoning districts, as indicated in table 102-3.

Table 102-3 Potential Zoning Districts

(Ord. No. 2014-18, § 2, 8-21-2014)

Overlay districts are a special purpose zoning classification used to supplement, not substitute for, the underlying zoning district. The purpose of overlay districts is to address special situations that require additional regulations to protect and promote public and private investment.

(Ord. No. 2014-18, § 2, 8-21-2014)

The purpose of the Livable Centers Initiative (LCI) Overlay District is to encourage development that promotes greater livability, mobility, and residential development alternatives in prescribed geographic areas of the City of Canton. The LCI District is intended to produce a more efficient use of land, create opportunities for a more direct connection to alternative modes of transportation, and maximize use of existing infrastructure.

A.

River Mill District. The River Mill District is depicted on the Official Zoning Map of the City of Canton. The district is generally located in a portion of the west and south sides of the Central Business District. For properties located in the River Mill District, the use requirements and development standards as established in the underlying zoning district shall apply. Standards for the River Mill District shall be included in a master plan, which must be approved by the city council.

B.

—Z. Reserved. These subsections are reserved for future LCI overlay districts as established.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The purpose of the Priority Corridor and Intersections of Influence Overlay District is to enhance landscape, streetscape and sign standards to promote a consistent and compatible built environment within established corridors and intersections and to protect the investment of the community at large.

B.

The Priority Corridor and Intersections of Influence Overlay District is depicted in the Overlay Zone Community Standards Handbook, located in the community development department. For properties located in said district, the use requirements and development standards as established in the underlying zoning district shall apply. The community standards in the Overlay Zone Community Standards shall also apply.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Designation. The City of Canton hereby nominates the area described in the River Mill District Boundary Map, together with all explanatory matter thereon, as an enterprise zone.

B.

Zone qualifications. The city council finds the zone meets the qualifications of the Enterprise Zone Employment Act (O.C.G.A. § 36-88-1 et seq.).

C.

Incentives. The city council hereby ordains and declares that upon designation of the proposed enterprise zone as an enterprise zone, the City of Canton shall provide the following incentives in the zone, including tax incentives, to qualifying business, service or residential enterprises in accordance with the definition of such entities outlined in the Enterprise Zone Employment Act, which are not applicable throughout the City of Canton:

1)

The City of Canton shall exempt qualifying businesses as outlined in said Act, and further in the River Mill District Study, from state, county and municipal ad valorem property taxes, excluding property taxes imposed by school districts or property taxes imposed for the general obligation debt that would otherwise be levied on the qualifying business and service enterprises in accordance to the following schedule:

a.

One hundred percent of the property taxes shall be exempt for the first five years;

b.

Eighty percent of the property taxes shall be exempt for the next two years;

c.

Sixty percent of the property taxes shall be exempt for the next year;

d.

Forty percent of the property taxes shall be exempt for the next year; and

e.

Twenty percent of the property taxes shall exempt for the last year.

2)

All other applicable economic development incentives granted to qualifying projects throughout the city to include:

a.

Land disturbance permit fees;

b.

Plan review fees;

c.

Water system development fees;

d.

Business license inspection fees;

e.

Occupation tax up to $500.00 for the first three years, and at 100 percent thereafter;

f.

Financing of sewer system development fees;

g.

Freeport tax exemptions;

h.

Building permit fees, capped up to 50 percent;

i.

Georgia Job Tax Credit Program;

j.

Other local fees authorized by the city council, as may be applicable.

3)

One-stop permitting.

D.

Determination of eligibility. The city council may make determinations of eligibility for each business, service, or residential enterprise based on the quality and quantity of such additional economic stimulus as may be created within the city. Criteria for consideration may include, but are not limited to the following:

1)

The value of the enterprise to the economic health and well being of the City of Canton and its citizens;

2)

Capital investment or reinvestment by the enterprise equal to or greater than the amount of ad valorem tax abated over the first five years of the tax incentive, provided, however, the enterprise has $10,000.00 minimum tax valuation;

3)

Locating in a vacant or historic building;

4)

Demolishing a pre-existing obsolete, abandoned, or deteriorating structure, or a structure that is noncompliant with the Standard Building Code as determined by the city building official;

5)

Assembling multiple tracts of land for one project;

6)

Creating and sustaining jobs above the state threshold for a prescribed period of ten years;

7)

Creating jobs for residents of the enterprise zone for a prescribed period of five years;

8)

Locating in a kudzu-covered, blighted, or deteriorated area and clearing up and landscaping the area;

9)

Creating opportunities for housing affordability where at least 20 percent of the total units are set aside for the first-time buyers, and

10)

Creating opportunities for work force housing for public employees.

E.

Required standards. Every enterprise seeking the benefits provided herein must meet the standards of the design guidelines and standards section in chapter 103 of this UDC, the Overlay Zone Community Standards Handbook, and the River Mill District architectural and street escape design standards.

F.

Powers of city council.

1)

The city council is authorized to act in all matters pertaining to the nomination and designation of the area described herein as an enterprise zone and reserves the power to grant the incentives listed above to qualifying businesses in accordance with the authorization powers granted local governments in the administration of the zone in the Enterprise Zone Employment Act.

2)

The city council is further authorized to direct and designate its staff as liaison for communication with the Georgia Department of Community Affairs, the Georgia Department of Industry Trade and Tourism the business community, and all others to oversee zone activities and administration, and communications with qualified businesses, as outlined in the River Mill District Study.

3)

The city council has the power to administer, require, and enforce compliance with the provisions of section 102.02.04 and such administrative rules or regulations adopted hereinafter, including but not limited to such reports and data information from such entities within the enterprise zone to verify compliance with this UDC and state law.

G.

Contractual agreement. A qualifying business, service or residential enterprise shall consent to enter into a contractual agreement that outlines the incentives offered to the business and a guideline for the recapture, revocation, or reimbursement should the terms of the contract be violated by the target business.

(Ord. No. 2014-18, § 2, 8-21-2014)

Table 102-4 identifies those uses that are permissible in each zoning district. Buildings, structures, or land shall be occupied or used only in conformity with all of the regulations set forth herein for the district in which they are located. The zoning districts for the City of Canton are shown on the "Official Zoning Map of the City of Canton, Georgia."

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Within table 102-4 the letter "P" indicates that the land use is permissible by right in a zoning district, subject to compliance with the standards of the zoning district.

B.

The letter "C" indicates that the land use is permissible as a conditional use, subject to a determination by city council that the land use conforms to the standards contained in chapter 105.

C.

The letter "M" indicates that the land use is allowed subject to master plan approval.

D.

The letters "C/M" indicate that the land use is allowed as a conditional use, subject to a determination by city council that the land use conforms to the standards contained in chapter 105, and subject to master plan approval.

E.

The column "additional requirements" indicates that the additional requirements specific for the land use shall apply in addition to the provisions of subsections A—D above. Additional requirements for specific land uses are contained in chapter 104.

F.

A blank cell indicates the land use is prohibited.

G.

Any land use that is not identified in table 102-4 is prohibited unless it is found to be substantially similar to and compatible with an identified use in said table by the community development director.

1)

A determination that a use qualifies as a similar and compatible use shall be made upon the director's finding that:

a.

The characteristics of, and activities associated with the requested use is similar to one or more of the listed uses, and will not involve a greater intensity than the uses listed in the zoning district;

b.

The requested use will be consistent with the purpose of the applicable zoning district;

c.

The requested use will be consistent with the comprehensive plan and any applicable specific plan;

d.

The requested use will be compatible with the other uses allowed in the zoning district;

e.

The definition of a requested use is comparable to that of a use identified in table 102-4, as presented in chapter 106 of this UDC and by the LBCS classification and code (Land Based Classification System, published by the American Planning Association) or the NAICS code (North American Industry Classification System, published by the federal government); and

f.

The requested use is not listed in table 102-4.

2)

The administrative interpretation shall be subject to appeal, as set forth in chapter 105.

Table 102-5 identifies the minimum development standards applicable to all development activity within the City of Canton.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Within table 102-5 a dash "—" indicates no development standard applies for the specified category.

B.

The letters "SFD" indicate "Single-family detached."

C.

The letters "SFA" indicate "Single-family attached."

D.

The letters "MF" indicate "Multiple-family."

^a  See also section 103.02.02.A, design standards for lots, all development.

^b  No building or structure shall be erected on a lot that does not abut upon a public or private street.

^c  Minimum of ten feet building separation, subject to fire safety services manager approval.

^d  Minimum of 20 feet building separation, subject to fire safety services manager approval.

^e  Building separation subject to fire safety services manager approval.

^f  See also Canton Historic District Design Guidelines.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2016-21, 9-15-2016; Ord. No. 2017-03, 3-16-2017; Ord. No. 2018-0517-01, 5-17-2018; Ord. No. 2018-0621-01, 6-21-2018; Ord. No. 2018-0920-02, 9-20-2018; Ord. No. 2020-0319-03, 3-19-2020; Ord. No. 2021-1104-01, 11-4-2021; Ord. No. 2022-0317-01, 3-17-2022; Ord. No. 2022-0616-04, 6-16-2022; Ord. No. 2023-1005-1, 10-5-2023; Ord. No. 2023-1116-2, § 3, 11-16-2023; Ord. No. 2024-0404-2, §§ 5, 6, 4-4-2024; Ord. No. 2025-0904-1, 9-4-2025)