The purpose of this chapter is to provide design standards applicable to all development activity within the City of Canton. This chapter expands upon the zone standards of chapter 102 by addressing additional details of site planning, project design, and the operation of land uses. These standards are intended to ensure that proposed development is compatible with existing and future development on neighboring properties, and produces an environment of desirable character, consistent with the comprehensive plan and any applicable specific plan.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

One principal building on a lot. Only one principal building and its customary accessory building or buildings may be erected on any one lot. This pertains to single-family detached zoning districts.

B.

Residential corner lots.

1)

The minimum front yard requirement may be reduced to one-half the regulated distance on the portion of the lot fronting on the street or streets having the lower functional classification. However, in no case shall the setback be reduced to less than 15 feet. The minimum front yard for the portion of the lot fronting on the street having the higher functional classification shall be provided in accordance with the provisions established by this UDC for the district in which the lot is located.

2)

For purposes of establishing the front yard, such yard shall be designated as that abutting the street having the lower functional classification. Where the classification is the same for both streets, the front yard shall be designated as that having the shortest frontage on the street.

C.

Double frontage lots.

1)

On lots having frontage on two streets, but not located on a corner, the minimum front yard shall be provided on each street in accordance with the provisions of this UDC.

2)

On lots having frontage on more than two streets, the minimum front yard shall be provided in accordance with the regulations set forth in this UDC on at least two of the street frontages. The minimum front yard on the other frontage or frontages may be reduced along the other streets in accordance with the provisions of section 103.03.01.B (Residential corner lots).

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Street frontage. No building shall be erected on a lot which does not abut for at least 50 feet on a public or private street, except 35 feet along the right-of-way on cul-de-sacs or as allowed in accordance with the provisions of the development standards table in chapter 102. The lot width at any point from the road right-of-way to the building line shall not be less than these minimum frontage widths.

B.

Access to public or private streets.

1)

Each principal use shall be located on a lot or parcel which fronts on a public or private street having a right-of-way of not less than 50 feet.

2)

Any accessory structure shall have access to a public or private street.

3)

On double frontage lots, access shall be restricted to the street having the lower functional classification.

4)

Local streets which will carry less than 600 cars per day may have access points as needed to fit the development pursuant to the requirements of this UDC. Collector streets and arterial streets which are projected to carry more than 600 cars per day shall have a minimum distance (in linear feet) between access points equal to seven times the speed limit for that street except in the Central Business District.

5)

Private streets shall only be allowed within gated or secured developments. Street signs within these developments shall contain the words "Private Streets" on each sign.

6)

An individual recorded plat shall be required for each lot which fronts a private street prior to issuance of a building permit. Said plat shall include a statement indicating the street is private.

C.

Arrangement.

1)

Side lot lines should be at right angles (90 degrees) to straight lines or radial to curved street lines.

2)

Side lot lines should be radial to the radius points in all cul-de-sacs.

D.

Lot coverage. Lot coverage standards are expressed as the maximum percent of land coverage for each zoning district (see the development standards table in chapter 102 of this UDC). The lot coverage ratio is calculated by dividing the total of all impervious surfaces on the lot by the lot area. Impervious surfaces include all buildings, structures, paving, and water bodies.

E.

Mailbox kiosks.

1)

A mailbox kiosk is hereby required for all commercial and residential developments. In single family developments, both attached and detached, kiosks must be located on a separate lot of record. This lot is not required to meet the minimum lot size but must be of sufficient size to accommodate the required number of parking spaces and meet setback requirements. For multi-family developments kiosks may be located within the amenity center area.

2)

Areas used for kiosks shall be maintained by the homeowners association or in the case of a multi-family development the land owner or property management association.

3)

Parking shall be provided as required in table 103.02.02, Required Parking for Mailbox Kiosks. Parking spaces shall conform to current size requirements and ADA standards.

4)

Kiosks shall meet all development standards as related to setbacks.

5)

Access to kiosks shall meet all ADA requirements.

6)

Kiosks shall be constructed and completed prior to the issuance of the first certificate of occupancy.

Table 103.02.02 Required Parking for Mailbox Kiosks

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2018-0920-02, 9-20-2018; Ord. No. 2019-0117-02, 1-17-2019)

In all districts as established in this UDC, no fence, wall, shrubbery, or other obstruction to vision between the heights of two and one-half feet and ten feet above the finished grade of streets shall be erected, permitted, or maintained within 20 feet of the intersection of the right-of-way lines of streets. This same standard shall apply to any private streets.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The purpose of the landscape and buffer standards section is to provide requirements for landscaping and buffering of developments within the City of Canton. The regulations of this section shall be definitive, unless otherwise directed by this UDC and/or City Code. If the eight-foot wide landscape strip is not used then there shall be a 20-foot wide, 18-feet deep tree island placed every ten parking spaces. This island shall contain one overstory tree (selected from the City of Canton plant palette) and shall be a minimum size of four-inch caliper at the diameter breast height (dbh) at the time of planting.

B.

This Code section has been developed to benefit the environmental and aesthetic quality of the city. The benefits derived from this section include:

1)

Provide visual buffering and enhance beautification of the city;

2)

Moderate stormwater runoff and improve water quality;

3)

Protect and attempt to enhance property values, thus safeguarding private and public investment;

4)

Protect the unique identity of Canton by promoting native plants;

5)

Provide shade;

6)

Control soil erosion; and

7)

Reduce some air pollutants and intercept airborne particulate matter.

C.

The city has devised a plant palette, which is a detailed plant list of trees, shrubs, and ground cover which outlines suitable plant material for the city. The purpose of this palette is to promote the continued development of a regional character and to provide guidance in the decision making for landscape design efforts. The plant palette is listed in section 103.06.11 (City plant palette).

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2022-0317-01, 3-17-2022)

A.

The requirements this Code section shall apply to all activity which requires the issuance of a land disturbance permit or a building permit on any real property within the city.

B.

The requirements of section 103.06.00 (tree protection) shall apply in conjunction with this section.

C.

All areas not devoted to structures, site development features, and natural vegetation shall be landscaped. Landscaping shall include trees, shrubs, ground cover, perennials, annuals, plant sculpture, art and the use of building/paving materials in a manner that respects the natural topographic features and natural resources of the site.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Unless otherwise approved by the director, all plant material selected to meet the replanting and/or landscaping requirements shall be selected from the plant palette for the city. Plant materials shall be placed appropriately for future growth.

B.

Invasive plant species as shown on the Georgia Exotic Pest Plant Council (EPPC) Invasive Plant List shall be prohibited.

C.

Individual single-family lots larger than 10,000 square feet are required to plant a minimum of one understory tree in the front yard. All residential lots shall require that improvements be located so as to provide minimum disturbance to the natural topography of the site and protection to the maximum number of trees.

D.

All vegetation planted to meet the requirements of this section shall comply with the following standards:

1)

Caliper measurements for all trees shall be at diameter breast height (DBH).

2)

Canopy/shade replacement trees shall be at least ten feet tall planted and have a trunk of not less than three caliper inches. Multi-stemmed canopy trees shall count only the largest trunk for caliper.

3)

Understory/flowering replacement trees shall be at least six feet tall planted and have a main trunk of not less than two caliper inches. All multi-stemmed understory/flowering replacement trees shall have a minimum of three canes (stems), each with a minimum one-inch caliper extending clear at least to a height of four feet.

4)

Evergreen replacement trees shall be at least a seven-gallon size, six feet tall planted, and have a main trunk of not less than one and one half caliper inches. All tree-formed, multi-stemmed, evergreen replacement trees shall have a minimum of three canes, each with a minimum one-inch caliper extending clear at least to a height of four feet and be pruned as tree form at time of planting.

5)

No more than 40 percent of any one genus may be included in any replanting plan.

E.

No more than 40 percent of any one plant genus shall be permitted on a landscape and/or tree protection plan. Trees and shrubs shall be evenly distributed on site.

F.

Landscaping shall not obstruct the view between 24 inches high and 60 inches high on access drives, streets or parking aisles. Landscape plans shall indicate clear sight lines at intersections.

G.

Where landscaping requirements are included as part of the approved zoning/master plan conditions, the appropriate zoning/master plan project case number shall be noted on the landscape plan.

H.

In accordance with section 103.03.10 (Landscape plan requirements) of this UDC, a landscape plan shall address all of the landscaping and tree protection requirements of this UDC, which include, but are not limited to, site density factor, tree replacement, interior parking lot plantings, peripheral parking lot plantings, landscape strip plantings, and landscape buffer plantings.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

For parking lots having more than ten parking spaces, there shall be a minimum eight-foot-wide (back of curb to back of curb) curbed, pervious landscape strip between rows of parking stalls. Trees shall be centered within the strip as to allow no less than four feet from trunk center to back of curb. The addition of a sidewalk would require a minimum 13 feet wide landscape strip (back of curb to back of curb) to accommodate the minimum required sidewalk width of five feet.

B.

Plantings shall include one canopy/shade tree per ten parking spaces and shall be spaced every ten parking spaces.

C.

Trees shall be planted at a minimum of four feet from trunk center to back of curb, so as to prevent injury to trees by vehicle bumpers. Trees shall be planted in line with the striping between parking spaces in order to avoid injury to trees by vehicle bumpers.

D.

No more than 50 percent of the remaining ground area shall be sodded.

E.

Curb openings that allow stormwater to enter landscape strips used for stormwater bio-retention areas are required.

F.

All parking areas that are constructed where there is only a single or double bay of parking and contains more than ten spaces shall be required to install a landscape island after each tenth parking space. This landscape island shall contain one over story tree and shall be the same size as a regular parking space.

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

The perimeter of all parking areas shall be landscaped, except where otherwise stated in this UDC.

A.

A pervious landscaping strip ten feet in width measured from the back of curb shall be located between the parking lot and the abutting property lines, except where driveways or other curb cuts may necessitate other treatment.

B.

Peripheral plantings shall include one canopy/shade tree per five parking spaces and shall be spaced every five parking spaces along the periphery of parking areas. Every other tree shall be located within the required landscape islands.

C.

Trees shall be planted at a minimum of four feet from trunk center to back of curb, so as to prevent injury to trees by vehicle bumpers. Where landscaped areas are located adjacent to vehicle overhangs, the trees shall be planted in line with the striping between parking spaces in order to avoid injury to trees by vehicle bumpers.

D.

No more than 50 percent of the remaining ground area shall be sodded.

E.

No permanent structures are permitted within landscape strips, with the exception of identification signage, light posts, drainage structures, detention facilities, and rip-rap. This includes pavement, curbing, dumpsters, utility boxes, vacuum/air/water, etc.

(Ord. No. 2014-18, § 2, 8-21-2014)

Those premises located along a corridor or intersection of influence, as specified in the City's Overlay Zone Community Standards Handbook, shall provide for the landscape specifications of that handbook within the landscape plan. These specifications are in addition to all other planting requirements of this UDC. The Overlay Zone Community Standards Handbook is located in the community development department.

(Ord. No. 2014-18, § 2, 8-21-2014)

Screening shall be used as a buffer between and to reduce the effects of headlight glare, noise, and other objectionable activities. The following minimum requirements shall apply to screening:

A.

Screening may consist of a fence, a wall, a berm, or vegetation and/or a mix of any or all of the foregoing.

1)

The finished or decorative side of fences shall face outward.

2)

The outer or public side of fences and walls shall be landscaped enough to soften the structure with a tree or shrub group at least every 50 feet, subject to approval of the director.

3)

Berms must be a minimum two feet high, two-foot minimum crown width, and side slopes of no greater than three-to-one (3:1).

B.

All accessory service structures, dumpsters or trash receptacle areas, heating and cooling units for developments, etc. shall be screened from view of all public rights-of-way and/or adjacent land regardless of adjacent land use or zoning classification by means of a solid screen wall in combination with a row of evergreen planting.

1)

Said screen wall shall be constructed of materials consistent with those of the primary building(s).

2)

The minimum height of said screen wall shall be no less than 12 inches greater than the structure it is screening.

3)

Said trees shall be planted along the perimeter of the screen wall at 15 feet on center, at a minimum height of ten feet, and shall comply with all standards for evergreen trees as required by the American Association of Nurseryman standards.

C.

All service or delivery areas shall be screened from view of all public rights-of-way and/or adjacent land regardless of adjacent land use or zoning classification by means of a vegetative screen.

1)

Said screen shall consist of evergreen trees planted a minimum of 15 feet on center.

2)

Said trees shall be planted at a minimum height of ten feet and shall comply with all standards for evergreen trees as required by the American Association of Nurseryman standards.

D.

All plantings used for screening shall consist of evergreen trees, shrubs, or combination thereof. All trees planted shall be a minimum ten feet planted. All shrubs planted shall be a large growing species, shall be a minimum of two feet planted, and shall be a species which will achieve a height of at least four feet at maturity.

E.

Plants shall be spaced so as to provide for effective visual screening within three growing seasons. Planting beds required for screening shall be a minimum of six feet in width.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Generally.

1)

Landscape buffers are intended to separate different land uses and zoning districts from each other and are intended to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas.

2)

Buffers shall be required between uncomplimentary uses in accordance with the provisions of this UDC or as a condition of zoning/master plan or variance approval. Buffers are a landscaping requirement that is in addition to the minimum landscaping requirements of any site development in the city.

3)

Buffer areas shall provide an opaque visual screen from finished grade elevation to a minimum height of eight feet.

4)

Buffer planting requirements shall be guaranteed for the lifetime of the development. Necessary trimming and maintenance shall be performed to maintain the health of the plant materials, to provide an aesthetically pleasing appearance, and to ensure that the buffer serves the purpose for which it is intended.

5)

Buffer strips shall not contain any parking, detention, or buildings, or portion thereof.

6)

There shall be a buffer between property(ies) located within the City of Canton and abutting property(ies) located outside of the City of Canton city limits as shown in table 103-1.

B.

Buffer types. There shall be three different buffer types based on the zoning district of the proposed project and the adjacent property zoning, as shown in table 103-1. Each different buffer identifies the width of the buffer, minimum tree spacing standards and minimum shrub spacing standards, as shown in table 103-2. The three buffer types are as follows:

1)

Type A buffer: Twenty-five feet densely planted.

2)

Type B buffer: Fifty feet densely planted.

3)

Type C buffer: One hundred feet densely planted.

Table 103-1 Buffer Types by Zoning District

C.

Buffer plantings.

1)

Existing vegetation shall be used to meet all or part of the requirements of this section whenever possible, if it provides the same level of obscurity as the planted buffer required in this section.

2)

Required buffer plantings allow for a mix of large canopy trees, small flowering/evergreen trees, and large shrubs. The mix is designed to create a buffer which will give a satisfactory screen within three to five years of planting, under normal maintenance, while allowing room for the various plants to grow.

a.

Canopy trees. Large canopy trees with a minimum height of eight feet planted and a minimum caliper of three inches shall be planted at the rate shown in table 103-2, buffer planting requirements.

b.

Understory trees. Understory trees are required to fulfill from no less than 20 to no more than 30 percent of the required number of trees. Additionally, evergreen trees are required to fulfill at least 50 percent of the required trees planted in buffers greater than 25 feet. Two evergreen or small flowering trees for each required tree may be substituted. Trees shall be distributed along the entire length of the buffer.

c.

Evergreen shrubs. Evergreen shrubs, a minimum of 24 inches in height, of a variety that be expected to reach four or five feet in height within three to five years of planting, shall be provided. Shrubs shall not be planted closer than six feet on center. Additionally, shrubs shall not be planted closer than six feet to planted trees, nor within the drip line of existing trees. Shrubs shall also be distributed along the entire length of the buffer. Evergreen shrubs shall be provided at the rate shown in table 103-2.

d.

Planting rows. The number of planting rows for supplemental plantings or replanting of shrubs is determined by the buffer width, as shown in table 103-2.

3)

Buffers must be replanted where sparsely vegetated or where disturbed for approved access and utility crossings.

Table 103-2 Buffer Planting Requirements

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2019-0117-01, 1-17-2019; Ord. No. 2024-0404-2, § 7, 4-4-2024)

A.

A tree protection zone shall be established which shall include all property within a horizontal distance of 75 feet of the right-of-way of Interstate 575. The 75-feet strip shall remain undisturbed.

B.

Where an interchange is located, including the ramps, the tree protection zone shall be reduced to 25 feet which shall be undisturbed.

C.

Where a public road, street or alley exists as of December 16, 1997, and is located within the tree protection zone, a tree protection setback in lieu of the standard 75 feet shall be required that is the greater of: (i) 25 feet from the right-of-way or (ii) the stated building/structure setback for that particular zoning district in which such right-of-way is located.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Applicability.

1)

A landscape plan shall be required for any development with greater than one-acre disturbance in the city.

a.

The landscape plan shall be prepared and stamped by a landscape architect registered in the state or under the supervision of an engineer and stamped by an engineer registered in the state.

b.

Individual single-family, owner-occupied residential properties are exempt from said professional stamp requirement.

2)

A landscape plan shall be required for single-family residential subdivision development plans which address common areas including, but not limited to, such areas as parks, active and passive recreation areas and entrances. These residential common areas shall maintain or exceed the minimum site density factor of 20 tree units per acre in accordance with section 103.06.06.B.

3)

A landscape plan shall be required for any project wherein buffer areas or other landscaping areas or treatments are required by this section, this UDC, conditions of zoning/master plan/variance, or other regulations of the city, and shall be approved prior to the issuance of a land disturbance permit and/or a building permit.

B.

Submittal requirements.

1)

The landscape plan may be submitted as part of the tree protection plan in accordance with section 103.06.00 (Tree protection), provided that all required information is legible, or as a separate drawing which includes, as a minimum, the following:

a.

Name, address, and phone number of owner of record and applicant.

b.

Boundary lines of the tract by distance and bearings, streets adjoining the property, total area of the tract, land lot, land district, north point, graphic scale, and date.

c.

Adjacent land uses and zoning classifications.

d.

Approximate location of all specimen trees or stands of trees.

e.

Location of proposed buildings, structures and paved areas.

f.

Location of all existing and proposed storm, sanitary, and utility lines.

g.

Location of all existing and proposed contours (two-foot minimum).

h.

General location of all proposed trees, shrubs, vines, groundcovers, mulching, and other features proposed within the landscaped area. A scale sufficient to clearly show all details shall be used.

i.

Planting schedules with proposed plant material names (common and botanical), quantity, size, spacing, and any special planting notes. Denote evergreens in planting schedule.

j.

Show site calculations:

i.

Total site area,

ii.

Site density calculations,

iii.

Required parking landscape, landscape buffers and/or landscape screening calculations,

iv.

Overlay zone calculations.

k.

All parking islands must show they are planted with canopy/shade trees.

l.

Planting details, especially on steep slopes, if applicable.

m.

The following notes shall be indicated in bold letters on the landscape plan:

"**A MAINTENANCE INSPECTION OF TREES WILL BE PERFORMED AFTER ONE FULL GROWING SEASON FROM THE DATE OF THE FINAL CONSTRUCTION INSPECTION. PROJECT OWNERS AT THE TIME OF THE MAINTENANCE INSPECTION ARE RESPONSIBLE FOR ORDINANCE COMPLIANCE.

**IF THE LANDSCAPE DESIGN OR PLANT MATERIAL ARE CHANGED IN ANY WAY FROM THE CITY OF CANTON'S APPROVED PLAN, TWO SETS OF REVISED PLANS SHALL BE SUBMITTED TO THE COMMUNITY DEVELOPMENT DEPARTMENT FOR APPROVAL PRIOR TO ANY LANDSCAPE INSTALLATION. FAILURE TO DO SO WILL REQUIRE SUBMITTAL AND APPROVAL OF AS BUILT PLANS PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY."

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

It shall be required that in all zoning districts, with the exception of the Central Business District (CBD), off-street parking shall be provided at the time of initial construction of any principal building or when a structural alteration or change in the principal building produces an increase in dwelling units, guestrooms, floor area, seating, or bed capacity or when a conversion in use occurs.

B.

Off-street parking spaces shall have direct access to a street or alley and shall be provided and maintained in accordance with the requirements identified in table 103-3 (off-street parking standards).

C.

Reserved.

D.

The parking requirements in table 103-3 are in addition to handicapped parking spaces and loading spaces that are required in accordance with this section.

E.

Vehicle parking spaces may exceed the maximum number allowed by up to 20 percent if the additional spaces are designed with porous materials in accordance with the Georgia Stormwater Management Manual, Volume 2.

1)

A request to exceed the maximum number of spaces shall be made in writing to the director that provides documentation from ITE, ULI, APA or a traffic engineering study indicating a need for more parking.

2)

A request to exceed the maximum number of spaces by more than two percent or to utilize non-porous materials shall be made in writing to the director that provides documentation from a traffic engineering study indicating a need for the request.

3)

Upon approval of the request by the director, a parking plan shall be submitted for review and approval by the director.

Table 103-3 Off-Street Parking Standards

F.

For those retailers that sell fuel, the area immediately adjacent to the fuel dispenser shall be counted as a parking space.

G.

The parking of vehicles in the front yard or of property zoned or used for single family uses shall be restricted to impervious surfaces (concrete or asphalt). Impervious surface area shall not exceed 50 percent of the front yard area.

G.

All areas designated for parking of vehicle, drive aisles, loading/unloading zones shall be constructed of impervious material such as concrete or asphalt. The allowance for pervious material as noted in section 3.04.01.E is excepted.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2018-0920-02, 9-20-2018; Ord. No. 2022-0317-01, 3-17-2022)

Where the proposed land use cannot be classified within the uses herein specified, the director shall determine the specified use most closely related to the proposed use and the minimum requirements for the specified use so determined shall apply to the proposed use.

(Ord. No. 2014-18, § 2, 8-21-2014)

The minimum number of off-street parking spaces herein required shall be computed and provided in accordance with the following specifications:

A.

The number of spaces required shall serve residents, customers, patrons, visitors, and employees.

B.

Each parking space shall have adequate drives and room for ingress and egress to each parking space with a minimum size of eight feet by 22 feet for each parallel parking space and ten feet by 18 feet for each perpendicular head-in parking space, and shall be designed in accordance with the minimum standards as defined in this section.

C.

For parking lots having 25 or more spaces, up to 20 percent of the required number of parking spaces may be designated as compact vehicles only. These spaces shall be a minimum size of eight feet by 16 feet in accordance with this section. Said spaces shall be clearly indicated and marked by a sign on each space so as to be readable by approaching drivers.

(Ord. No. 2014-18, § 2, 8-21-2014)

Parking spaces shall be marked and designated for the exclusive use of handicapped persons in accordance with the American National Standards Institute (ANSI) code as adopted by city council and 2010 ADA Standards for Accessible Design.

(Ord. No. 2014-18, § 2, 8-21-2014)

If the required automobile parking space cannot be reasonably provided on the same lot on which the principal use is conducted, such spaces may be provided on other off-street property provided such property lies within 250 feet of the main entrance or exit to such principal use. Such automobile parking space shall be associated with the principal use and shall not thereafter be reduced or encroached upon in any manner.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Standards.

1)

Up to 50 percent of the parking spaces required for public assembly and recreation uses, excluding religious facilities, may be provided and used jointly by commercial uses not normally open, used or operated during the same hours as said public assembly and recreation uses.

2)

Up to 100 percent of the parking spaces required for a religious facility may be provided and used jointly by commercial uses not normally open, used or operated during the same hours as said religious facility.

B.

Approval. A shared parking calculation projection shall be provided that demonstrates that each use will have adequate parking provisions at all times. Said calculation must receive director review and approval.

C.

Access agreements.

1)

For contiguous properties sharing parking spaces under this section, cross-easements shall be filed establishing access to the parking spaces in perpetuity and documentation of filing provided to the community development department.

2)

A written agreement among all owners of record shall be provided and held on file with the community development department. All renewed or terminated leases shall be filed with the community development department.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

A plan of ingress and egress and stormwater drainage shall be submitted to the director and shall be approved prior to the issuance of a land disturbance permit for off-street parking lots, whether public or private.

B.

Installation of entrances, exits, and drainage systems shall have been completed prior to the issuance of a certificate of occupancy.

C.

All curb cut locations as well as widths shall comply with this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

Required off-street parking may extend up to 300 feet into an adjoining residential district provided that it:

A.

Has its access to or fronts upon the same street as the property in the commercial or industrial district for which it provides the required parking space.

B.

Is separated from abutting properties in the residential district by a 50-foot-wide buffer strip, installed in accordance with this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

The perimeter of all off-street, surface parking lots shall be screened with a landscape buffer in accordance with section 103.03.05 (Peripheral parking lot planting requirements) of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Outdoor lighting of off-street parking areas shall be directed away and shielded from abutting residential districts and all rights-of-way.

B.

Outdoor lighting of off-street parking areas shall not cause a distraction to, or impair the vision of, the motoring public.

(Ord. No. 2014-18, § 2, 8-21-2014)

Minimum dimensions for off-street and travel aisles thereto shall be as follows:

A.

Ninety degree angle parking shall only be allowed on the perimeter of parking lots. The minimum parking space size shall be ten by 18 and have a minimum travel aisle width of 24 feet when adjacent to a two-way travel aisle and 20 feet when adjacent to a one-way travel aisle.

1)

Two-way travel aisle. The travel aisle shall not be less than 26 feet wide when measured perpendicular to the parking line, with the exception that the travel aisle may be a minimum of 24 feet wide when parking spaces are provided on only one side of the aisle.

2)

One-way travel aisle. The travel aisle shall not be less than 20 feet wide when measured perpendicular to the parking line.

B.

Sixty-degree angle parking. Each parking space shall not be less than 10 feet wide perpendicular to the parking angle nor less than 18 feet in length when measured at right angles to the building or parking line.

1)

Two-way travel aisle. The travel aisle shall not be less than 20 feet wide when measured perpendicular to the parking line.

2)

One-way travel aisle. The travel aisle shall not be less than 20 feet wide when measured perpendicular to the parking line.

C.

Forty-five-degree angle parking. Each parking space shall not be less than ten feet wide perpendicular to the parking angle nor less than 18 feet in length when measured at right angles to the building or parking line.

1)

Two-way travel aisle. The travel aisle shall not be less than 20 feet wide when measured perpendicular to the parking line.

2)

One-way travel aisle. The travel aisle shall not be less than 15 feet wide when measured perpendicular to the parking line.

D.

Thirty-degree angle parking. Each parking space shall not be less than ten feet wide perpendicular to the parking angle nor less than 18 feet in length when measured at right angles to the building or parking line.

1)

Two-way travel aisle. The travel aisle shall not be less than 20 feet wide when measured perpendicular to the parking line.

2)

One-way travel aisle. The travel aisle shall not be less than 14 feet wide when measured perpendicular to the parking line.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2022-0317-01, 3-17-2022)

On the same lot with every building, structure or part thereof, erected or occupied for manufacturing, storage, warehouse, truck freight terminal, goods display, department store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning, retail business or other uses similarly involving the receipt or distribution of vehicles, materials or merchandise, there shall be provided and maintained on the same lot adequate space for the standing, loading and unloading services to avoid undue interference with public use of streets and alleys.

A.

Such loading and unloading space, unless otherwise adequately provided for, shall be an area 12 feet by 40 feet, with 14 feet height clearance, and shall be provided according to table 103-4.

B.

For the above-described uses, one loading space shall be provided for the first 25,000 square feet of gross floor area or fractional part thereof. Uses in excess of 25,000 square feet shall provide loading spaces according to table 103-4.

C.

All plans for off-street loading areas shall be subject to the approval of the director.

D.

Uses in the CBD district shall be exempt from these off-street loading requirements.

Table 103-4 Loading Space Requirements

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The parking of construction vehicles or equipment is prohibited on any lot not currently issued a building permit for construction activities in any residential zoning district. Construction vehicles or equipment shall include, but not be limited to, loaders, backhoes, dump trucks, tandem trailers loaded with grading or excavation equipment, or similar equipment.

B.

The parking of recreational vehicles, including but not limited to, an RV, boat, or camper trailer, shall be allowed in a carport or garage or, if parked outdoors, shall be in a side or rear yard and parked on surface material composed of asphalt, concrete, brick, cement pavers or other approved hard surface other than gravel or loose fill.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2019-0117-06, 1-17-2019)

The surface of any parking area; including but not limited to a parking or loading spaces; aisle or driveway shall be designed to control storm water runoff and be improved with concrete, asphalt, brick, cement pavers or other approved hard surface other than gravel or loose fill.

(Ord. No. 2019-0117-07, 1-17-2019)

A.

Purpose.

1)

The city council finds that the natural surroundings, history, and people of the City of Canton combine to provide the Canton community with unique charm and beauty. The signs section has been adopted to assure that signs installed in the City of Canton are compatible with the unique character and environment of the community.

2)

The city council finds that signs provide an important medium through which individuals, businesses, and government may convey a variety of messages. Left unregulated, however, signs can become a threat to the public health and safety as a traffic hazard and a detriment to property values and the overall economic growth of the City of Canton as an aesthetic nuisance. Numerous professional studies have been prepared that examine and establish the effect of signs on traffic safety, aesthetics and economic prosperity, including:

a.

"The Public Purpose of Roswell's Sign Ordinance and the Implications of Doing Without It: A Position Paper" (December 7, 1999) by Jerry Weitz, Ph.D., AICP; and

b.

"Safety Impacts of the Emerging Digital Display Technologies for Outdoor Advertising Signs" (April 2009) by Jerry Wachtel for AASHTO and the Standing Committee on Research of the National Cooperative Highway Research Program (NCHRP).

3)

In particular, based on the cited materials and the studies referenced therein as well as other related studies, the city finds that unregulated signs:

a.

Can be a safety hazard to drivers and pedestrians;

b.

Can distract drivers;

c.

Can create unsafe, cluttered and aesthetically blighted thoroughfares throughout the city;

d.

Can hamper economic growth;

e.

Can lower property values;

f.

Can adversely impact public investments;

g.

Can degrade the utility of public safety signs; and

h.

Can adversely impact the aesthetic quality of the community and surrounding environment.

4)

The purpose of this Code section is to promote the public health, safety and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements. It is further determined that the provisions of this section cannot achieve the end result desired unless the community voluntarily cooperates in upholding these provisions.

5)

Bearing in mind the concepts presented above, the purpose of this section is to:

a.

Preserve and protect the public health, safety and welfare of the citizens of the City of Canton.

b.

To promote and accomplish the goals, policies and objectives of the City of Canton Comprehensive Plan.

c.

To balance public and private objectives by allowing adequate signage for business identification.

d.

To promote the free flow of traffic and protect pedestrians and motorists from injury and property damage caused by, or which may be fully or partially attributable to cluttered, distracting, and/or illegible signage.

e.

To prevent property damage and personal injury from signs which are improperly constructed or poorly maintained.

f.

To promote the use of signs which are aesthetically pleasing, of appropriate scale, and integrated with surrounding buildings and landscape, in order to meet the community's expressed desire for quality development.

g.

To protect property values, the local economy, and the quality of life by preserving and enhancing the appearance of the streetscape which affects the image of the City of Canton.

B.

Intent. It is the intent of this section to:

1)

Provide functional flexibility, encourage variety and create an incentive to relate signage to basic principles of good design.

2)

Assure that public benefits derived from expenditures of public funds for the improvement and beautification of streets, and other public structures and spaces, are protected by exercising reasonable controls over the character and design of sign structures.

3)

Provide an improved visual environment for the citizens of, and visitors to, the City of Canton, and to protect view sheds within the community.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The requirements of this section shall apply to all properties, regardless of zoning district.

B.

The requirements of this section shall apply to all signs that are or intended to be viewed from a street, public right-of-way, adjacent property, property in public ownership, or any outdoor space.

C.

No sign shall be placed or maintained on any property, building or other structure within the city except in conformity with this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Consistent with the International Fire Code, section 505, and International Property Maintenance Code, section 304, each premises throughout the city shall display the street number assigned by the issuing authority on the building facade, mailbox, curb and/or door so that it is discernible from the street. If multiple residences, offices or stores are located in one building, the inclusive numbers shall be displayed on the building facade, mailbox and/or exterior door, and individual numbers displayed on or over the entry door to each residence, office or store.

B.

The required dimensions of each property number shall be as follows:

1)

The height shall be no less than four inches and shall be no greater than eight inches.

2)

The minimum stroke width shall be one-half inch.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Height restrictions. In addition to the height requirements identified in this UDC, all signs shall be subject to the height limitation of the district in which the sign is located, and, in event of conflict, the most stringent standard shall apply.

B.

Location restrictions.

1)

Unless otherwise provided in this UDC, all signs shall be located on private property and in no case on public property or within the public right-of-way, private right-of-way, ingress and egress easements, driveway and maneuvering areas, or within utility easements, except with respect to swinging or projecting signs in the downtown district that meet the standards of section 103.05.10.B.3.

2)

No freestanding sign may be located within 30 feet of the intersection of street right-of-way lines extended parallel or at a location that would cause an obstruction to vision of vehicular or pedestrian traffic.

3)

No sign shall interfere with road or highway visibility or obstruct or otherwise interfere with the safe and orderly movement of traffic.

4)

No sign shall be located on any building, structure, fence or other property belonging to another person without the consent of the owner, and as allowed under the provisions of this section.

5)

All signs shall be located in such a way that they maintain horizontal and vertical clearance from all overhead utilities in accordance with National Electrical Code specification. In no case shall any sign be installed within five feet horizontally or vertically from an overhead utility line or utility guy wire.

C.

Setbacks.

1)

Unless otherwise provided for herein, all signs shall be located outside public or private rights-of-way or at least ten feet from the back of the curb or edge of pavement of the adjacent street, whichever is greater.

2)

Signs located on a corner lot shall be no closer than 30 feet from the intersection of street right-of-way lines and shall be set back outside of the public or private right-of-way, or 15 feet from the back of the curb or edge of pavement of the adjacent street, whichever is greater.

D.

Construction and inspection.

1)

No sign shall be erected or maintained unless it is structurally safe, clean, and in good repair.

2)

Except as otherwise provided in this UDC, all signs for which a permit is required shall be constructed and maintained in conformance with applicable building and electrical codes.

3)

All illuminated signs shall be constructed and maintained in accordance with the requirements of the latest adopted version of the National Electrical Code.

4)

All signs, together with their supports, braces, guys and anchors shall be kept in good repair and, unless constructed of galvanized or non-corroding metal, shall be given a protective coating as necessary to maintain a clean appearance and safe condition.

5)

In the case of a sign with a translucent face, the material shall be a pan-molded background with embossed copy. In the case of a sign with copy less than six inches, or a sign face smaller than two feet by four feet, a pan face with flat copy may be used. In the case of a sign face larger than 100 square feet and exceeding 40 feet in height, a sign face made of flexible, reinforced material stretched over a supporting frame may be used.

6)

All signs of plastic material, including copy, facing or display surface, must be in accordance with ASTM D 635 Standard Test Method for Rate of Burning and/or Extent and Time of Burning of Plastics in a Horizontal Position.

7)

All edges and backs of signs, with the exception of wall signs comprised of individual channel letters, shall be fully encased in metal or other noncombustible material.

8)

All components of an illuminated sign shall be U.L. listed, or the equivalent thereof, with an identification label that shows the manufacturer of such sign.

9)

Every sign may be inspected by the building official from time to time so as to determine continuing compliance with this UDC.

E.

Illumination.

1)

No sign shall give off light which glares, blinds, or has any other such adverse effect on traffic.

2)

The light from all illuminated signs shall be established in such a way that adjacent properties and roadways are not adversely affected and that the light shall not be of any intensity or brightness which will interfere with the peace, comfort, convenience and general welfare of residents or occupants of adjacent properties and roadways.

3)

No illuminated sign shall be constructed or maintained within 75 feet of the property line of any single-family dwelling.

4)

No series, lines or rows of electric lights shall be allowed. Bare bulb illumination and illumination of flashing or moving lights shall also be prohibited.

5)

No colored lights shall be used at any location or in any manner as to be confused with, or construed as, traffic control devices.

6)

Neither direct nor reflected light from primary light sources shall create a hazard to the motoring public.

7)

An externally-illuminated sign, where allowed, shall have concealed wiring and controls, and shall have shielded and screened external light sources.

8)

An internally-illuminated sign, where allowed, shall completely shield the source of light from direct view.

F.

Maintenance.

1)

The owner of any sign shall be responsible for ensuring that the sign is inspected annually and in good condition.

2)

Every sign, including those specifically exempt from this section with respect to permits and permit fees, shall be maintained in good structural condition at all times.

3)

All signs shall be neatly painted, including all metal parts and supports thereof that are not galvanized or of rust resistant material.

4)

The director shall have the authority to inspect all signs and to issue a citation or order the repainting, repair, alteration, or removal or a sign which shall constitute a hazard to public safety, health or general welfare by reason of inadequate maintenance, dilapidation, or obsolescence.

5)

No sign face shall be obscured by landscaping or vegetation.

(Ord. No. 2014-18, § 2, 8-21-2014)

Except as otherwise provided by this UDC, the following types of signs are prohibited:

A.

Signs imitating warning signals; signs displaying lights resembling the flashing lights customarily used in traffic signals or in police, fire, ambulance or rescue vehicles; signs using words, slogans, dimensional shapes or size, or colors of governmental traffic signs.

B.

Any sign or lighting device, whether on the exterior of the building, freestanding, or on the inside of a window which is visible beyond the boundaries of the lot or parcel, or from any public or private right-of-way, with intermittent, flashing, rotating, scintillating, blinking, strobe light, or animated illumination.

C.

Signs attached to any utility pole, or structure, street light, tree, rock, natural object, fence, fire hydrant, bridge, curb, sidewalk, park bench, or other location on public property, except as provided herein. Signs, other than those placed by a local, state or federal government, located within the public street right-of-way or within ten feet of the curb or closest edge of the pavement of any public street.

D.

Signs emitting or utilizing in any manner any sound capable of being detected on a public road by a person of normal hearing.

E.

Signs which obstruct any fire escape, any means of egress or ventilation, or prevent free passage from one part of a roof to any other part thereof; signs attached in any manner to any fire escape.

F.

Balloons, streamers, pennants, air or gas filled figures, banners and other similar signs, other than as allowed by this UDC.

G.

A-frame, sandwich-type, sidewalk or-curb-type signs, other than as allowed by this UDC.

H.

Roof signs.

I.

Projecting or swinging signs of a size in excess of those allowed by this section.

J.

Advertising benches.

K.

Directional signs greater than two and one-half square feet in size.

L.

Portable signs.

M.

Pole or pylon signs are prohibited as freestanding signs.

N.

Signs displaying nudity.

O.

Obscene signs, as defined under O.C.G.A. § 16-12-80.

P.

Signs that are dilapidated or in such condition as to create a hazard, nuisance or to be unsafe or fail to comply with any provision of building codes, electrical codes or this UDC.

Q.

Abandoned signs.

R.

Tri-vision signs.

S.

LCD signs and similar type technologies (except as permitted by this section).

T.

LED signs and similar type technologies (except as permitted by this section).

U.

Signs that are in violation of the rules and regulations of any zoning overlay district or the decision of any board responsible for design review.

V.

Reserved.

W.

Signs located in the public right-of-way and other locations that are prohibited under section 103.05.04.B (Location restrictions).

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2019-0117-03, 1-17-2019; Ord. No. 2022-0616-03, 6-16-2022)

A.

Generally. Except as specifically exempted by section 103.05.07 (Exempt signs), no person, firm or corporation shall erect, construct, enlarge, alter, repair, re-face, move, improve or convert any sign in the city, or cause the same to be done, without first obtaining a separate permit for such sign from the department of community development upon forms that are furnished by that department.

B.

Application form. Each application for a sign permit shall provide the following information:

1)

The current zoning of the proposed sign location.

2)

The type of sign as defined in this UDC.

3)

A design and stress diagram or plan drawn to scale using an architectural or engineering scale that contains the necessary information to enable the building official to determine that such sign complies with all regulations of the IBC, as amended, and NEC, as amended.

4)

The street address of the property upon which the sign is to be located and the proposed specific location of the subject sign on the subject property. A sketch or drawing to scale of the proposed location shall be included, showing the proposed height of installation of the sign and distances from all other signs and structures on the premises, from the public rights-of-way, and from corridors of influence.

5)

The square-foot area of the proposed sign and the aggregate square-foot area if there is more than one sign face. A sketch or drawing of the proposed sign shall show the size, dimensions, character height, materials, colors and any other information as required by the director to ensure compliance with this UDC.

6)

Written consent of the owner or lessee, or his or her agent, granting permission for the placement or display of the subject sign.

7)

Name, address, and telephone number of the sign contractor.

8)

Any pertinent or required permits, such as an electrical permit.

C.

Review and approval process.

1)

All applications for sign permits shall be submitted to the community development department who, together with the building inspection department and any other necessary individual or department, shall review all applications for sign permits without unreasonable or unnecessary delay to ensure that the application is complete and that the specifications, sketches, drawings, permits and other requirements conform and comply with this UDC and all other pertinent laws and ordinances; however, no action can be taken until the application requirements have been met. The application shall not be deemed to be complete until all required information is submitted to the city.

2)

The director shall grant or deny the sign permit application within 15 business days from the date the completed application was filed with the community development department; however, no review can take place until the application is complete. The burden is on the applicant to provide the city with an application meeting all requirements of this UDC for completeness.

3)

An application meeting the standards of this UDC shall be granted. If the city does not respond within 15 business days from the date of submission of a completed application, the permit shall be deemed granted. If at a later date the city discovers that the application was not in compliance with the standards of these regulations, the permit shall be deemed to be invalid.

D.

Denial. If, after review and investigation as required herein, it is determined that the application fails to meet one or more of the standards of this UDC, the permit shall be denied and the director shall make a written report of the denial and the reasons therefor. A copy of the report shall be sent by certified mail to the designated return address of the applicant as stated on the application. The application for a permit shall be denied if one or more of the following conditions exist:

1)

The application does not comply with any of the requirements of this UDC; or

2)

The application would violate any building, electrical, or other adopted Codes of the City of Canton.

E.

Fees.

1)

No permit shall be issued until the appropriate, completed application has been filed with the community development department, the completed application has been approved by the community development department, by the building inspection department, and any other necessary individual or department, and fees have been paid as provided herein. Fees shall be established from time to time by resolution of city council.

2)

No refunds will be made of a permit fee after the permit is issued. After the time limits set forth in subsection F. below, a new application for the sign shall be processed and another fee shall be paid in accordance with the fee schedule that is applicable at that time.

F.

Duration of permit. A sign permit shall become null and void if the sign for which the permit was issued has not been erected, displayed or completed within 45 days after the date of issuance; provided that where proof is provided by an applicant that the sign is under fabrication, one extension of this time period may be made without penalty.

G.

Effect of permit issuance. A permit issued shall be construed to be a license to proceed with the erection or display of the sign according to the plans as filed with the application and shall not be construed as authority to violate, cancel, alter, or set aside any of the provisions of this UDC, nor shall such issuance of a permit prevent the director from thereafter requiring a correction of errors in plans or in construction, or of violations of this UDC.

H.

Permit affixed to sign. Every sign for which a permit is issued shall be plainly marked with the name of the person, firm or corporation erecting and maintaining such sign and shall have affixed on the front thereof the permit number issued for said sign. In case of window displays, the permit number will suffice where the display is maintained by the store licensee.

I.

Suspension, revocation of a permit. No permit shall be suspended or revoked except for violation of a provision of this UDC. Violations of any provision of this UDC shall be grounds for suspending or revoking the permit which has been granted by the city to the owner and/or applicant erecting the sign. The permittee shall receive written notice of a violation by personal service or certified mail and shall have ten calendar days to cure said violation; or the permittee may, within that ten-day period of time, submit a written request to the community development department for a hearing before the board of zoning appeals to contest the suspension or revocation.

(Ord. No. 2014-18, § 2, 8-21-2014)

The following signs are exempted from the permit requirements of this section; however, exemption from the permit requirement does not relieve a sign owner from compliance with the remaining provisions of this section or UDC:

A.

Any sign or banner erected and maintained by a governmental entity.

B.

Official notices or advertisements posted or displayed by or under the direction of any public official or court officer in the performance of official or court-directed duties or by trustees under deeds of trust, deeds of assignment, or other similar instruments.

C.

Directional signs measuring less than two and one-half square feet along private streets and driveways, and in off-street parking areas. Notices of any railroad, bridge, ferry, or other transportation or transmission company necessary for the direction or safety of the general public.

D.

Drive-thru menu sign accessory panel exchanges.

E.

Signs erected more than two feet inside a building.

F.

Any sign that is not visible from a street, adjacent property, outdoor space, public right-of-way or other public property, including any sign that is placed within a business, office, mall, or other enclosed area.

G.

Reserved.

H.

Nameplates that do not exceed 24 by six inches size and are permanently affixed upon a building or structure.

I.

Building, suite, apartment and/or house numbers and letters used for the address identification of premises and measuring not less than four inches in height with a minimum stroke width of one-half inch and measuring not more than eight inches in height, unless a larger size is required by the International Fire Code or International Property Maintenance Code.

J.

Official flags. Flags may be displayed on a flagpole which meets the height and setback requirements of the zoning district in which the flagpole is placed, with the exception that the flagpole shall be set back from the nearest residential lot line a distance at least equal to its total height. One flagpole per parcel is permitted.

K.

Historic signs.

L.

Temporary signs that do not require a permit, in accordance with section 103.05.11.A.

M.

Directional signs within an office or industrial park which is zoned O-I or L-I shall be allowed. The sign size shall be limited to ten feet in height, contain no more than 32 square feet of sign area and have a brick or stone base of 18 to 24 inches in height.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2018-0920-02, 9-20-2018; Ord. No. 2022-0616-03, 6-16-2022)

A.

Computation of sign area. In order to determine compliance with the maximum allowable sign areas allowed under this section, the following shall establish how sign areas are measured.

1)

Freestanding signs. Sign area shall be measured for freestanding signs, including monument signs where required in this UDC, as follows:

a.

Sign area shall be measured as the entire area within a continuous perimeter enclosing the limits of the writing, representation, emblem, or any figure or similar character, together with any frame, other material, open space, or color forming an integral part of the display used to differentiate such sign from the background against which it is placed.

b.

The area of the frame shall not be included in computing the area of a permanent freestanding sign when the frame is composed of stone or brick and provided additional conditions are met:

i.

The frame contains or has attached no copy, words, writing, letters, or advertisement, although one trademark, insignia, coat of arms, or other similar identifying mark may be affixed to the frame, but may not be internally illuminated.

ii.

The monument is no higher than eight feet.

c.

The area of any "time and temperature" sign, when installed in accordance with this UDC, shall not be included in computing the area of a permanent freestanding sign.

2)

Painted or wall signs. Sign area shall be measured as the entire area within a continuous perimeter enclosing the limits of the writing, representation, emblem, or any figure or similar character.

3)

Double-faced signs. Where two faces of a double-faced sign are located two feet or less from one another at all points, or located at an interior angle of 45 degrees or less from one another, the sign area shall be measured as the area of one face. Where the two faces are not equal in size, the larger sign face shall be used.

4)

Sign supports. The necessary supports or structure on which any sign is placed shall not be included in determining the sign area, unless such supports are designed in such a manner as to form an integral part of the display.

B.

Measurement of sign height. All sign heights shall be measured from the grade level of the adjacent street to which the land upon which the sign is located has access. The grade level shall be calculated as the average street grade along the frontage of the subject property. The level of the ground shall not be altered in such a way as to provide additional sign height.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Monument signs.

1)

Monument signs shall be constructed with a brick or stone base and frame within which advertising panels are contained.

2)

The ground mounted base shall be equal to or greater than the length of the sign face including the cabinet or any other structure within which the sign is located.

3)

The base shall be 18 to 24 inches high.

4)

The use of exposed poles in ground signs is prohibited.

B.

Wall signs.

1)

A wall sign shall not extend more 12 inches beyond the facade of the building where attached.

2)

The height of a wall-mounted sign shall not interfere, impede, or cause injury to pedestrian traffic.

3)

Wall signs shall be limited to the following size (square footage and height), as shown in table 103-5:

Table 103-5 Wall Sign Size Requirements

C.

Projecting and Swinging Signs. Projecting and swinging signs attached to a building shall meet the following requirements:

1)

The maximum number of faces is two, with a total sign area of eight square feet per side.

2)

The minimum clearance from the sidewalk to the bottom of the sign shall be ten feet with a maximum height not to exceed 22 feet when measured from the sidewalk, but in no case shall it be located or extend above the first floor.

3)

In no case shall the sign extend above the roofline of the building nor extend more than four feet from the surface of the building.

4)

Signs shall be attached to the building utilizing a decorative metal bracket. All brackets shall be painted flat black, only.

D.

Awnings and awning signs.

1)

The awning shall be located below the storefront cornice or sign panel.

2)

Awning sign letters shall not exceed eight inches in height and shall be designed as an integral part of the awning design.

3)

The awning valance shall not extend greater than seven feet from the building.

4)

The awning shall not cover the piers on either side of the storefront.

E.

A-frame signs.

1)

The maximum number of faces is two, with a total sign area of eight square feet per side.

2)

A-frame signs shall be located against the building facade, as to maintain a minimum of 48 inches of clear walking path along the public sidewalks.

3)

A-frame signs shall be located only along the primary roadway, within the horizontal boundary created by the extents of the building frontage.

F.

Digital message signs.

1)

The messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign.

2)

Display of message must be static. When the display changes, it must change with no phasing, rolling, scrolling, flashing, twirling, blending, or in any manner which imitates movement.

3)

Signs shall change no more than one time per hour.

4)

Text messages shall be composed of one color with the background composed of one color. Pictures, logos, images, graphics, and symbols may be displayed from one color to full color.

5)

Signs shall be equipped with both a dimmer control and a photocell that automatically adjusts the display's intensity according to natural ambient light conditions.

6)

Prior to issuance of a sign permit for an electric sign, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed 15-foot candles measured four feet perpendicular to any surface of the electronic sign.

7)

No sign shall display light of such intensity or brilliance to cause glare or otherwise impair the vision of the driver or result in a nuisance to the driver.

8)

No sign shall be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device, or signal. Lighting shall not be used that may be mistaken for police or other emergency vehicles.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2019-0117-03, 1-17-2019)

The following requirements, which are summarized in table 103-7 (permanent sign requirements by zoning district), shall pertain to all permanent signs within the City of Canton.

A.

Residential zoning districts.

1)

A maximum of two monument signs per residential development entrance is permitted. These signs shall not exceed eight feet in height or 50 square feet in area.

2)

Multiple-family dwellings shall meet the following additional requirements:

a.

There shall be the option of:

i.

A maximum of one projecting or swinging sign, mounted on a post, for each building with a maximum height of two feet and a maximum sign area of four square feet per side with a maximum of two sides; or

ii.

A maximum of one wall sign mounted per building to a structural member of the building. The sign shall have a maximum height of two feet and a maximum sign area of three square feet per sign; or

iii.

A maximum of one wall-mounted shingle per building with a maximum sign area of three square feet with a maximum of two sides.

b.

Window signs are limited to emergency contact numbers.

3)

Institutional uses are allowed one wall sign up to 32 square feet in area on the building wall, and one monument sign not to exceed eight feet in height or 50 square feet.

4)

Wall signs are prohibited in single-family residential zoning districts.

5)

Home occupations. One unlighted sign not exceeding one square foot in area and located not less than 20 feet from any property line shall be allowed.

B.

Commercial, office, and institutional zoning districts.

1)

NC, GC, and O-I districts.

a.

One monument sign per property frontage shall be permitted. This sign shall not exceed ten feet in height or 50 square feet in area.

i.

In order to erect multiple monument signs, the use must have frontage on two or more publicly dedicated streets.

ii.

In those instances where one of the street frontages is on a local street serving a single-family residentially zoned subdivision, a second sign on the local street shall be prohibited and the sign area shall not be combined.

iii.

If any applicant has an existing sign that does not conform to this UDC, the sign in violation shall be brought into conformance or removed prior to a permit being issued for multiple signs.

b.

On a lot with multiple businesses, monument sign size shall be limited to the following (see table 103-6):

Table 103-6 Monument Sign Size Requirements, Multiple Businesses

c.

Monument signs allowed by this subsection are permitted to have manual changeable copy boards of not more than 12 square feet incorporated into the allowable sign area.

d.

In addition to the monument signs allowed by this subsection, there may be one wall sign for each separate use or business on a parcel in commercial districts.

i.

In order to erect multiple wall signs, the commercial/office or institutional use must have frontage on two or more publicly dedicated streets or be located in an end unit or corner unit of a commercial shopping center and/or office building. In no instance shall an allowed additional wall sign exceed the permissible size of the front wall sign.

ii.

If any applicant has an existing sign that does not conform to this UDC, the sign in violation shall be brought into conformance or removed prior to a permit being issued for multiple signs.

2)

O-RT District.

a.

One monument sign per property frontage shall be allowed. This sign shall not exceed eight feet in height or 50 square feet in area.

b.

In addition to one monument sign, there shall be the option of:

i.

A maximum of one projecting or swinging sign, mounted on a post, for each building with a maximum height of two feet and a maximum sign area of four square feet per side with a maximum of two sides; or

ii.

A maximum of one wall sign mounted per building to a structural member of the building. The sign shall have a maximum height of two feet and a maximum sign area of three square feet per sign; or

iii.

A maximum of one wall-mounted shingle per building with a maximum sign area of three square feet with a maximum of two sides.

c.

Window signs are limited to emergency contact numbers.

3)

CBD district.

a.

Only the following signs are allowed in the CBD district:

i.

For zero lot line buildings, one of the following: projecting sign (or swinging sign), or awning with awning sign, as allowed by this UDC; and

ii.

One wall sign located on the primary building frontage. Those having secondary building frontage shall be permitted to have an additional wall sign located on the secondary building frontage; and

iii.

One A-frame sign; and

iv.

Window signage, as allowed by subsection 103.05.10.B.3)b below.

v.

Where there exists within the limits of the occupying property boundary a minimum of 80 square feet of continuous pervious surface which is located on the primary roadway and is not utilized for auto or pedestrian circulation, buildings are only allowed the following in addition to subsection iv above: One monument sign not to exceed five feet in height and 20 square feet in area and constructed in accordance with this UDC, with the exception that the base and frame may be constructed of wood.

b.

Permanent window signs shall not exceed 20 percent of the window pane area of each individual pane. Signs on doors shall not exceed ten percent of the door glass area.

c.

The total area of all signs allowed shall not exceed 75 square feet or two square feet for every one-foot of building frontage, whichever is less.

d.

Signs in this district shall be illuminated as required by subsection 103.05.10.B.3 CBD District. There shall be no neon lighting or internal lighting allowed, with the exception that internal lighting is allowed with freestanding signs. All non-freestanding signs shall be down lit. All down lighting components shall be painted flat black, only.

e.

No neon signs shall be allowed to be visible from the exterior of the building, with the exception of one sign indicating the words "open" or "closed," per premises.

f.

The A-frame sign shall be removed from its exterior location during nonbusiness hours. Those A-frame signs remaining on the exterior, during nonbusiness hours, shall be subject to citation for each occurrence.

C.

Industrial and special use districts.

1)

Subsection 103.05.10.B.1 NC, GC, and O-I districts shall apply to the L-I and SU zoning districts.

2)

In addition to the monument signs allowed by this subsection, there may be one wall sign for each separate use or business on a parcel in industrial or special use districts.

a.

In order to erect multiple wall signs, the use must have frontage on two or more publicly dedicated streets or be located in an end unit or corner unit of an industrial suite building.

b.

If any applicant has an existing sign that does not conform to this UDC, the sign in violation shall be brought into conformance or removed prior to a permit being issued for multiple signs.

D.

Mixed use districts. Signage for a planned development, whether new or existing, must be established by approval of a master signage plan in accordance with the provisions of this section and the planned development districts section of chapter 104 of this UDC.

1)

Standards as to type, number, size, height, location, orientation or other design provisions established in addition to or in lieu of the restrictions placed on signs by this section are to be incorporated into the master signage plan.

a.

Master signage plans shall illustrate all proposed signs in sufficient detail so as to provide knowledgeable review and design specificity.

b.

Master signage plans shall show, describe or illustrate all signs proposed to be located on a lot and the buildings and structures therein, whether existing or new, and whether permitted by right or as additional signage under these regulations.

c.

Signs that are otherwise exempt under this section need not be shown on the master signage plan.

2)

Upon approval, the master signage plan shall supersede any conflicting restrictions and regulations of this section for the property to which it pertains.

3)

Following approval, the master signage plan shall be recorded by the owner in the office of the clerk to the superior court prior to issuance of a certificate of occupancy for the development, and shall be included in any sale, lease or other transfer of right of occupancy affecting any part of the development.

4)

A copy of the approved master signage plan, as recorded, shall be filed with the director prior to issuance of any sign permit.

5)

All tenants of the property or development, whether an owner, lessee, subtenant, purchaser or other occupant, shall comply with the approved master signage plan.

Table 103-7 Permanent Sign Requirements by Zoning District

E.

Window signs.

1)

Decals indicating store acceptance of charge cards of affiliations with organization's may be affixed to the window glass or door glass. No decal shall be larger than 40 square inches.

2)

Vinyl lettering depicting the name, address and telephone number of the business may be located on the door glass provided that the lettering does not cover more than 20 percent of the total of all door glass within which the lettering is placed. For purposes of this provision, where entry doors consist of double frame door units (or other multi-frame units), the total of all door glass shall be measured based upon the total glass within each door frame unit.

3)

The total amount of window signage shall not be greater than 20 percent of the total window area of the business when visible from the principal roadway.

4)

Not more than one window sign shall be located within a window.

5)

For multiple occupant buildings, the preceding regulations apply to each occupant.

6)

In any event, no such window or door signage shall be placed in such a manner as to impede the ability public safety personnel (police and fire) to see into the premises. In determining whether any window or door sign is an impediment to the ability of public safety personnel to view the interior of a building, the department of community development or a code enforcement officer may seek the opinion of the appropriate public safety official. A written ruling of the public safety official shall be final in determining the extent and placement of window signage not withstanding any other provision of this section.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2022-0317-01, 3-17-2022; Ord. No. 2022-0616-03, 6-16-2022)

A.

Permit not required. A temporary sign permit is not required for the following:

1)

Accessory signs. One non-illuminated accessory sign located on private property that meets the following requirements is permitted at all times:

a.

Signs shall be mounted not closer than ten feet to the back of the curb or pavement or from the edge of the public right-of-way, whichever is further from the street.

b.

No sign shall project over property lines.

c.

Not more than one sign shall be allowed per platted parcel of property.

d.

Signs shall require permission of the property owner on whose property they are erected and shall meet the standards of this section with respect to maintenance and location.

e.

Signs shall not exceed six square feet in size.

f.

Signs shall be wall mounted or ground installed. Ground signs shall not exceed 42 inches in height.

2)

Real estate signs. One non-illuminated real estate sign per street frontage that meets the following requirements is permitted as follows:

a.

Maximum sign area shall be limited to four square feet with a maximum height of eight feet.

b.

Multiple listing strips, sale pending and sold signs may be allowed when attached to a real estate sign and are subject to the same maximum area and maximum height requirements.

c.

One on-premises open house or open for inspection sign, not exceeding four square feet in area with a maximum height of eight feet, may be allowed in addition to the above requirements of this subsection.

d.

A maximum of one real estate brochure/information box may be allowed per parcel of land.

e.

All real estate signs shall be removed within 30 days after ownership or occupancy has changed.

3)

Yard sale signs. Signs for temporary yard sales, estate sales, and the like, located in residential districts and subject to the following provisions are permitted:

a.

There shall be no more than one sign per parcel of property.

b.

The sign shall require permission of the property owner on whose property they are erected and shall meet the standards of section 103.05.00 with respect to maintenance and location.

c.

The maximum area of the sign shall be two square feet.

d.

Signs are permitted to be posted from 3:00 p.m. on the Thursday before the event to 7:00 a.m. on the Monday following the event.

e.

No sign shall be illuminated.

4)

Weekend directional signs (WEDS) used to convey directions to a specific, time-limited weekend place or event are allowed in all zoning districts subject to the following provisions:

a.

There shall be no more than one sign per parcel of property.

b.

All WEDS must be placed on private property with the owner's permission. Written permission of the property owner must be provided to the community development department indicating the property owner allows the display of the WEDS sign on his or her property. Further, each sign shall prominently display identification issued by the community development department indicating the property owner's permission and the sign location with contact number and responsible party.

c.

WEDS shall be allowed from 3:00 p.m. on the Friday immediately preceding the event to 7:00 a.m. on the Monday immediately following the event. The responsibility to remove all WEDS is that of the sign owner.

d.

WEDS shall not exceed four square feet in area and three feet in height and shall be mounted on an independent single or double pole device.

e.

WEDS shall be constructed of metal, plastic, laminated cardboard or some other durable and waterproof material. No sign shall be constructed of paper.

f.

No sign shall be illuminated.

g.

Weekend directional signs shall also include the sale of real estate.

5)

Signs for community events. Temporary signs pertaining to events of a civic, community, philanthropic, memorial, educational, religious or other noncommercial nature; provided however, the total aggregate area of such signs shall not exceed 100 square feet in area, shall not be posted more than one week before such event and must be removed within three days after the event. Temporary signs or banners erected on residentially zoned property or on property with a residential use that pertains to graduation, wedding, anniversary, birth of a child or similar type event cannot exceed 32 square feet in area, cannot be placed more than 14 days prior to the event and must be removed 14 days after the event.

6)

Campaign signs, political signs.

a.

Number. Each parcel may have one temporary freestanding campaign sign for each political candidate or issue on each street frontage.

b.

Area. On commercial and industrial used property, no campaign sign may exceed 16 square feet in area per face. On residential used property, no campaign sign may exceed six square feet in area per face. Campaign signs may be double-faced, if placed perpendicular to the street right-of-way.

c.

Height. No freestanding campaign sign may exceed four feet in height (to bottom of sign).

d.

Location. Campaign signs may be placed in front, side or rear yard of any parcel that fronts, sides or rears on a public street right-of-way.

e.

Lighting. Campaign signs may not be illuminated.

f.

Time limit. Campaign signs are allowed between the date of closing of filing for candidates and final determination on each ballot issue or candidate.

B.

Permit required. A temporary sign permit is required for temporary signs that are not identified in section 103.05.11.A, as follows:

1)

Number. No more than one temporary sign is permitted per premises.

2)

Duration.

a.

A permit allowing usage of this type, not including "grand opening" signs, shall not exceed 21 consecutive days in a calendar quarter, after which time the owner of the temporary sign or the owner of the premises shall remove the sign from the premises.

b.

A permit for a temporary "grand opening" sign shall not exceed 30 consecutive days in a calendar quarter, after which time the owner of the temporary sign or the owner of the premises shall remove the sign from the premises.

c.

Only one permit for temporary signage shall be issued for the same premises within the same quarter of the year (i.e., January 1—March 31, April 1—June 30, etc.). In the event a temporary sign is not removed within five days after the expiration or revocation of the permit, no new temporary sign permit will be issued for that premises for a period of the remainder of 12 months.

3)

Placement.

a.

All signs must be set back from the roadway edge by at least ten feet or outside the right-of-way, whichever is greater.

b.

The placement of a temporary sign in a parking space required to meet the minimum parking requirements for the premises is prohibited.

4)

Maximum height and area.

a.

The sign area of temporary signs, with the exception of air or gas-filled inflatable devices, shall not exceed a maximum of 32 square feet in area per face.

b.

Air or gas-filled inflatable devices shall not exceed a height of 30 feet, as measured from the permanent structure upon which it is affixed, nor exceed a total of nine cubic feet.

i.

Such signs or devices shall be securely attached to some permanent structure or to the ground.

ii.

Inflatable signs and devices shall not be erected or displayed beyond seven days out of any 21-day permit period.

5)

Fastening of sign. Every temporary sign, when in use, shall in some manner be securely fastened to a permanent structure or to the ground.

6)

Lighting. All incandescent bulbs in, on, or attached to any temporary sign shall be P.A.R.-rated outdoor lamps of not more than 100 watts; however, spot-type bulbs are prohibited. Animation is prohibited on all temporary signs.

7)

Required label. Each temporary sign shall have permanently affixed thereto and prominently displayed thereon the name, address, and telephone number of the owner of the sign.

8)

Fee. Fees shall be established from time to time by city council resolution.

9)

Relationship to permanent sign. No temporary sign shall be located so as to block the view of permanent signs or to as to create a safety hazard, nor shall a temporary sign exceed the size of any permanent sign related to the same user.

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

When a business or service using a sign is discontinued, all sign faces relating to such use shall be removed within ten business days from the date of discontinuance. The sign structure may remain in place.

(Ord. No. 2014-18, § 2, 8-21-2014)

Any commercial, office, mixed use or industrial zoned property or any residential zoned property that is ten acres or larger in area, that is not occupied on a regular basis and any commercial, office, mixed use or industrial zoned property or residential zoned property that is ten acres or larger in area that is not developed property, and any commercial, office, mixed use or industrial zoned property or residential zoned property that is ten acres or larger in area undergoing development may contain only one free standing sign authorized by section 103.50.00, except during an election period. Such sign may be a double faced sign consisting of two sign panels erected back to back or in a V formation, provided that such sign faces shall be part of the same sign structure and shall not be more than 42 inches apart from any point of the sign, and the angle of separation for the V-shaped structure shall not exceed 30 degrees. Each sign face shall be limited to 32 square feet of sign area and the sign shall be erected to a height of no more than ten feet.

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

A.

Signs which were approved and erected under the previous sign regulations, other than temporary or portable signs, may continue in existence until one of the following conditions occurs:

1)

The deterioration of the sign or damage to the sign makes it unsightly or a hazard; or

2)

The sign has been damaged by act of God by at least 50 percent of its value, such that more than minor repairs are required to restore the sign to a reasonable condition. Under this subparagraph, the city shall not remove or order the removal of such a nonconforming sign without paying just compensation in accordance with O.C.G.A. § 32-6-83. In the event the city elects not to pay compensation for removal of any sign damaged by at least 50 percent of its value, the sign may be restored to its original condition.

B.

A nonconforming sign shall not continue if use of the premises served by the sign ceases for any reason for a period of more than 60 days. After such time, the sign shall lose its legal nonconforming status and shall be removed. Any subsequent sign erected on the premises shall conform with all requirements of this UDC.

C.

A nonconforming sign shall not be replaced by another nonconforming sign, except that the substitution or interchange of poster panels, painted boards or demountable material on nonconforming signs shall be permitted until the sign is due to be removed under the provisions of subsection 103.05.14.A above. A sign structure may remain in place provided it is safe and structurally sound.

D.

Minor repairs and maintenance of nonconforming signs, such as repainting or electrical repairs, shall be permitted until the sign is due to be removed under the provisions of subsection A. above. However, no structural repairs or changes in the size or shape of the sign shall be permitted except to make the sign comply with the provisions of this section; other than repair of a sign damaged by act of God pursuant to subsection 103.05.14.A.2 above.

E.

Nothing in this section shall excuse the owner of a nonconforming sign from payment of all applicable fees and other costs due as a result of the existence of the sign within the city.

F.

No nonconforming sign shall be moved, in whole or in part, to any portion of the lot or parcel other than that occupied by the sign at the time it became nonconforming, unless moving the sign makes it conforming.

G.

Any sign in violation of this UDC shall result in the sign owner receiving written notice of a violation by personal service or certified mail. The community development director may, in addition to other remedies, and after due notice, issue a citation for violation of this UDC, requiring the presence of the violator in the municipal court, or may institute injunctive or other appropriate legal or administrative proceedings to prevent, correct, or abate such violation.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Any sign that is located on property which becomes vacant or is unoccupied for a period of 60 days or more, or any sign that pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of 60 days or more. An abandoned sign, including the sign structure, is prohibited and shall be removed by the owner of the sign or the owner of the premises.

B.

No person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which is in a dangerous or defective condition. Any such sign shall be promptly removed or repaired by the owner of the sign or the owner of the premises.

C.

The director, or his or her designee, shall cause to be removed any sign in any public right-of-way without notice.

D.

Any sign in violation of this UDC shall result in the sign owner receiving written notice of violation by personal service or certified mail, except in circumstances of imminent peril to the public safety. The notice shall allow the owner ten days, or such longer time as reasonable under the circumstances, to remove the sign or otherwise to bring the sign into compliance with the signs section. Where the owner fails to comply with the notice, the community development director may issue citation. The community development director may, in addition to other remedies, institute injunctive or other appropriate legal or administrative proceedings to prevent, correct or abate such violation.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Violations of the signs section shall be punishable by the issuance of a citation and summons to municipal court. Any person found guilty of violating this UDC shall be fined not less than $50.00 and not more than $200.00 per violation. If the offending sign is not removed or corrected within ten business days of the disposition of the citation in municipal court, the owner shall be subject to multiple violations and fines in municipal court until the sign is removed or brought into compliance with this UDC.

B.

In the event that any sign is erected or is proposed to be erected, constructed, altered, converted or used in violation of any provision of this section, the director, or his or her designee, may, in addition to other remedies, issue a citation for violation and summons to the municipal court, or institute injunctive or other appropriate actions to prevent or abate such violations.

C.

This section shall be administered and enforced by the community development department.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The purpose of the tree protection section is to provide standards for the protection of trees as part of the land development process; to prevent massive grading of land, both developed and undeveloped, without provision for replacement of trees; and to protect trees during construction whenever possible in order to enhance the quality of life within the city. The regulations of this section shall be definitive, unless otherwise directed by this UDC and/or City Code.

B.

This Code section has been developed to benefit the environmental and aesthetic quality of the city and to recognize that trees in Canton are a city resource worth protection and maintaining. The benefits derived from this section include:

1)

Provide visual buffering and enhance beautification of the city;

2)

Moderate stormwater runoff and improve water quality;

3)

Protect and attempt to enhance property values, thus safeguarding private and public investment;

4)

Protect the unique identity of Canton by promoting native plants;

5)

Control soil erosion;

6)

Reduce some air pollutants and intercept airborne particulate matter;

7)

Preserve stand of trees and "specimen" trees; and

8)

Protect natural vegetation except where its removal is necessary for responsible property development or control of disease and infestation.

C.

This section shall serve to dissuade the unnecessary clearing of land and its disturbance, so as to preserve, insofar as possible, the natural and existing growth of vegetation, and to replace whenever possible the removed foliage with new vegetation.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The terms and provisions of this section shall apply to all activity which requires the issuance of a land disturbance permit (LDP) or a building permit on any real property within the city.

B.

No clearing, grubbing, grading, or other removal of existing vegetation that may affect the health of existing tree coverage may occur until it is determined that the proposed development is in conformance with the provisions of this UDC.

C.

A tree removal permit shall be required in accordance with the following standards:

1)

No disturbance shall occur within the protective zone of specimen trees or stands of trees without an approved tree removal permit.

2)

A tree removal permit is required to remove any tree larger than five inches in diameter from any property.

3)

For all building permit submittals, there shall be a fee for obtaining a tree removal permit as indicated in section 103.06.08 (Removal of trees) of this UDC. The fee will be established by city council.

4)

If any tree, five-inch DBH or greater, is removed from any property without a tree removal permit, the property owner shall pay a fine of three times the tree removal fee calculated.

D.

The requirements of section 103.03.00 (Landscape and buffer standards) shall apply in conjunction with this section.

E.

Table 103-8, summary of applicability and exemptions summarizes those activities which are exempt from the provisions of this section and those for which a tree protection plan/landscape plan must be approved prior to the issuance of an LDP and/or building permit.

Table 103-8 Summary of Applicability and Exemptions

* Permit required to remove tree; however no fee is required.

F.

In addition to the requirements of table 103-8, all legitimate timber harvesting shall be required to provide and maintain a 50-foot undisturbed buffer along the entire perimeter of the property, including road frontages, during the land disturbance activity, except for the authorized access crossings. Once tree harvesting takes place in conformity with the above regulations, no development of the property shall be permitted for a period of three years that would require the cutting of trees preserved. No timber harvesting shall be undertaken on any nonresidential parcel of land unless the transitional buffer zones required by section 103.03.00 are preserved in a natural and undisturbed state.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Pre-submittal meeting. Prior to submission of any permit drawings, the applicant is encouraged to contact the community development department to discuss this chapter as it relates to the applicant's property.

B.

Bond requirement. A tree protection plan and a landscape plan, either as separate or combined drawings and a landscape performance/landscape maintenance bond are to be submitted prior to issuance of a certificate of occupancy to the community development department. Said bond shall be submitted for 150 percent of the associated costs for materials, installation and two-year maintenance of the vegetation required by this section for replacement trees and all other required landscaping. One estimate shall be provided from a reputable landscape professional for the amount upon which the required bond is established. The bond form may be found at the community development department.

C.

Payment into city fund. Where the site cannot adequately support the trees required by this section, a non-refundable amount equal to 100 percent of the material, installation and one year's maintenance costs may be paid into the city tree fund. Said fund shall be utilized to install trees throughout the City. Locations for said plantings will be chosen at the city's discretion. One estimate shall be provided from a reputable landscape professional for the amount upon which the required fund payment is established. Payment of this fund as a recompense alternative is subject to approval by the director and is due prior to issuance of the land disturbance permit and/or building permit.

D.

Land disturbance authorization. Land disturbance may proceed only after a permit is obtained and tree protection measures have been installed.

1)

To adequately protect the site, tree save areas shall be delineated in the field with tree protection measures.

2)

The director shall review and approve the installation of tree protection measures on the site prior to any land disturbance activity.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Generally. An approved tree protection/landscape plan must be implemented prior to the issuance of a certificate of occupancy.

B.

Inspections. In addition to unscheduled inspections conducted by the director during construction to ensure compliance with the approved tree protection plan, the following inspection process shall apply:

1)

When the developer/owner has installed the required landscaping improvement, he/she shall request an inspection by the director.

2)

If the director approves the installation, the two-year maintenance bond shall be submitted.

3)

If the director does not approve the landscape implementation, he/she shall submit a report stating his/her reasons for disapproval so that the developer may make the necessary corrections. After the corrections have been made, a reinspection shall be requested.

C.

Bond release. At 45 days prior to the expiration of the two-year landscape maintenance period, the director shall inspect the site and shall make a determination of whether or not the required trees and landscaping are healthy and have a reasonable chance of surviving to maturity. Upon such finding, the bond shall be released at the two-year expiration date. In absence of such finding, the bond shall not be released and the owner of the property shall be notified to replace the unhealthy trees and landscaping or take other appropriate action as approved by the director. Upon failure of the owner to comply with the director decision regarding such trees, the city shall use the bond to the extent necessary to bring the property into compliance. The final inspection shall be scheduled within ten working days' notice.

D.

Maintenance. Trees, which are used to meet the density requirements, shall be fully maintained after the date of final landscape establishment inspection by the property owner. Failure to maintain the required tree density factor at any time during the life of the project shall be a violation of this section. Trees which have been used to meet the tree density requirements shall not be removed at any time without approval of the director. Removal of such trees shall result in replacement of like kind and size by the property owner.

E.

Enforcement. It shall be the duty of the director to enforce the provisions and requirements of this section. The director shall conduct periodic inspections of the site before work begins and during clearing, construction, and post construction phases of development in order to ensure compliance with these regulations and the intent of this section. Tree protection must remain in functioning condition throughout all phases of development. In the event of failure to comply with and/or to maintain approved tree protection measures the Director shall have the authority to revoke, suspend, or void any land disturbance permit and shall have the authority to suspend all work on a site or a portion thereof.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Generally.

1)

Existing trees shall not be disturbed, except as outlined in this UDC.

2)

No person shall cut, carve or otherwise damage any tree.

3)

No person shall attach rope, wire, nails, or advertising posters to any tree.

4)

No person shall set fire or permit any fire to burn when such fire or the heart thereof will injure any portion of any tree.

5)

Any large, rare, or historically significant trees on a project site shall be highlighted by the designer (see section 103.06.07, specimen trees).

6)

It is required that all reasonable efforts be made to save specimen trees. Reasonable effort shall include, but not be limited to:

a.

Alteration of building design;

b.

Alternate building location, parking area, detention area, or drainage system; or

c.

Relocation of utilities.

7)

Careful thought and consideration is expected to be given to saving trees in the development process.

8)

The guidelines and standards in sections 103.06.05.B and 103.06.05.C shall apply to trees proposed to be retained for credit toward meeting the site density factor on a property.

9)

For the purpose of section 103.06.00, caliper measurements for all trees shall be at diameter breast height (DBH).

B.

Site planning. Tree space is the most critical factor in tree protection through the site development process. Disturbance within the critical root zone (CRZ) can directly affect a tree's chances for survival. To protect these CRZs the following planning considerations should be applied:

1)

The use of tree save islands and stands is encouraged rather than the protection of individual (non-specimen) trees scattered throughout a site. This will facilitate ease in overall organization as related to tree protection.

2)

Tree protection and grading requirements are two design constraints, which are most often in conflict. The use of berms or retaining walls, instead of cutting, to provide detention can be used to preserve significant trees. Detention ponds can be designed around significant trees by adding depth to minimize width where possible. Retaining walls can also be used to mitigate cuts and fills. Tree wells and/or aeration systems can also be provided for trees in areas of fill.

3)

Underground water and wastewater lines, storm sewers, irrigation lines and both underground and overhead electric and telephone lines can have a considerable impact on trees. The layout of the project site utility plans should accommodate the required tree protective zones. Utilities should be placed along corridors between tree protective zones.

4)

Construction activities such as parking, material storage, concrete washout, burn hole placement, silt fence installation, etc. shall be arranged so as to prevent disturbances within tree protective zones.

C.

Methods of tree protection. Most trees can tolerate only a small percentage of CRZ loss. To protect these CRZs, a tree protection area shall be established around each tree or group of trees to be retained. Tree protection devices are necessary to eliminate activities detrimental to trees including, but not limited to:

1)

Soil compaction in the critical root zone resulting from heavy equipment, vehicular or excessive pedestrian traffic, or storage of equipment or materials;

2)

Root disturbance due to cuts, fills, or trenching;

3)

Wounds to exposed roots, trunks, or limbs by mechanical equipment;

4)

Other activities such as chemical storage, cement truck cleaning, fire, etc.

D.

Methods of preventing encroachment. The following describes ways to help control unnecessary encroachment on existing trees. These methods and guidelines shall be followed for tree protection throughout all phases of construction.

1)

Active protective barriers. Barriers shall be installed along the outer edge of and completely around the critical root zones of all specimen trees or stands of trees, or otherwise designated tree protective zones, prior to any land disturbance. Deviations from this must be approved on an individual basis by the community development director. Barriers will be a minimum four feet high, constructed in a post and rail configuration. A two-inch-by-four-inch post and a one-inch-by-four-inch rail, with the posts no further than six feet apart, are recommended. Chain-link fence with the same post spacing is also acceptable. All tree protection zones shall be designated as such with "tree save area" signs posted visibility on all sides of the fenced in area. All tree fencing shall be maintained throughout the land disturbance and building construction, and should not be removed until all construction and landscaping is complete.

2)

Passive protective barriers. Tree save areas and their CRZs which are located 61 feet or greater from any grading, storage, construction or traffic areas may be protected by four-foot orange laminated plastic safety fencing. Passive tree protection fencing is to be used only for areas remote from construction activity.

3)

Boring. No open trenching shall be allowed within the protected zone as defined by the protective barricades. All underground utilities to be installed within this protection zone shall be installed by boring underneath the root zone. Any exceptions must be approved by the community development director. Utilities may be tunneled in the root zone at a 24-inch minimum depth providing that plans are approved showing the location and method.

4)

Filling/clearing within root zone. Fill dirt no deeper than two inches may be allowed within the drip line of the tree. No grubbing is permitted in the root zone. In the protected root zone, any stumps, dead trees and shrub growth to be removed shall be cut flush or ground out. Stump grinding will be accomplished with equipment and methods acceptable in normal arboriculture operations. All holes will be backfilled completely the same day of the operation.

5)

Soil compaction. Where compaction might occur due to traffic or material storage, the tree protection zone must first be mulched with a minimum four-inch layer of shredded hardwood mulch, or a six-inch layer of pine straw.

6)

Clearing activities. Roots often fuse and tangle amongst trees. The removal of trees adjacent to tree save areas can cause inadvertent damage to the protected trees. Wherever possible, it is advisable to cut minimum two-foot trenches (e.g. with a ditch witch) along the limits of land disturbance, so as to cut, rather than tear, the roots. Trenching may be required for protection of specimen trees. The cutting down and then grinding the stump of the adjacent removed trees, as opposed to bulldozing them and ripping their roots, can also aid the protected trees.

7)

Tree removal. To minimize potential root loss from soil disturbance in an overlapping root situation. All roots attached to a tree inside a tree save area that extends outside the tree save areas shall be cut by hand if the soil is to be disturbed. The removal of any tree adjacent to a tree within a tree save area shall not be removed by heavy equipment. Cutting the roots by hand or with a ditch witch is acceptable.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Basic requirements. Any proposal for development or improvement of any tract of land shall include a tree protection/landscape plan, including trees to be planted in order to meet the minimum requirements of section 103.06.00.

1)

The tree protection plan shall be submitted, along with other permit drawings, to the community development department prior to any clearing, grubbing, grading or other removal of the existing vegetation that may affect the health of existing tree coverage.

2)

No tree removal shall occur prior to approval of the tree protection plan.

3)

The tree protection plan may be submitted as part of the landscape plan, provided that all required information is legible, or as a separate drawing which includes, as a minimum, the following:

a.

Name, address, and phone number of owner of record and applicant.

b.

Boundary lines of the tract by lengths and bearings, streets adjoining the property, total area of the tract, land lot, land district, north point, graphic scale, and date.

c.

Approximate location of all specimen trees and their critical root zones. Indicate those specimen trees proposed for removal or for protection. Removal of specimen trees is subject to the director's approval.

d.

Approximate location of all trees or stands of trees proposed to be protected. Indicate location of and label completed sample areas.

e.

Exact location of specimen trees when their protection is questionable, or might result in a change of the site design.

f.

Location of proposed buildings, structures and paved areas.

g.

Locations of all existing and proposed utility lines. (Utility lines must be placed along corridors between critical root zones of trees which will remain on the site.)

h.

Limits of land disturbance, clearing, grading, and trenching.

i.

Limits of tree protection areas, showing trees to be maintained and planted, specifying species and size.

j.

Location of all existing and proposed contours (two-foot minimum).

k.

Methods of tree protection shall be indicated for all tree protection zones, including tree fencing, erosion control, retaining walls, tunneling for utilities, aeration systems, transplanting, staking, signage, etc. Provide detail of methods utilized.

l.

Procedures and schedules for the implementation, installation, and maintenance of all tree protection measures.

m.

Plan should indicate staging areas for parking, materials storage, concrete washout, silt fence installation and debris burn where these areas might affect tree protection.

n.

The required site tree density factor must be satisfied. Compliance shall be clearly demonstrated on the tree protection plan. Existing trees or stands of trees used in the density calculation must be clearly indicated on the drawing. A summary table of the number of existing trees to remain and new trees to be planted, by diameter shall be shown along with the calculations showing tree density achieved for the site.

o.

Additional information as required on a case by case basis. This could include, but is not limited to, a certified arborist's appraisal of the tree's viability and projected life span.

p.

The following notes shall be indicated on both the tree protection plan and the grading plan in large bold letters:

"ALL TREE PROTECTION MEASURES SHALL BE INSTALLED AND INSPECTED PRIOR TO THE START OF ANY LAND DISTURBANCE AND MAINTAINED UNTIL FINAL LANDSCAPING IS INSTALLED. CALL THE COMMUNITY DEVELOPMENT DEPARTMENT FOR AN INSPECTION BY THE COMMUNITY DEVELOPMENT DIRECTOR OR HIS/HER DESIGNEE.

NO PARKING, STORAGE, OR ANY OTHER CONSTRUCTION ACTIVITIES ARE TO OCCUR WITHIN TREE PROTECTION AREAS.

A MAINTENANCE INSPECTION OF TREES WILL BE PERFORMED AFTER TWO FULL GROWING SEASONS FROM THE DATE OF THE FINAL CONSTRUCTION INSPECTION/FIRST CERTIFICATE OF OCCUPANCY INSPECTION. PROJECT OWNERS AT THE TIME OF THE MAINTENANCE INSPECTION ARE RESPONSIBLE FOR ORDINANCE COMPLIANCE."

B.

Determination of site density factor. The minimum required quantity of trees on a site after development must produce a total site density factor (SDF) of 20 units per acre.

1)

All projects within the city shall maintain or exceed a minimum site density factor of 20 units per acre. The site density requirement must be met whether or not a site had trees prior to development.

2)

Minimum tree site density shall be calculated and established pursuant to the formula and analysis set forth in this section.

3)

The term "unit" is not synonymous with "tree."

4)

Existing trees proposed to be retained and new trees proposed to be planted in order to meet the buffer requirements of section 103.03.00 or the conditions of zoning/master plan or variance approval shall not be considered in fulfilling the requirements of this section concerning site tree density factors.

a.

Buffer requirements are considered to be in addition to the minimum site tree density requirements.

b.

See applicable zoning/master plan or variance conditions for any additional landscaping or buffering requirements.

5)

The density may be achieved by counting existing trees to be preserved, planting new trees in accordance with the minimum standards of this section, or some combination of the two. All trees that are to be counted toward meeting density requirements must be inventoried.

6)

The trees, both retained and new, where feasible shall be reasonably distributed throughout the site with emphasis on tree groupings to achieve results following professional landscape standards.

7)

Trees identified to be preserved and counted as credit towards meeting required site tree density shall have four-foot tree protection fencing installed at the critical root zones. For methods of tree protection, see section 103.06.05. All tree protection measures shall be installed prior to the start of any land disturbance and maintained until final landscaping is installed.

8)

Minimum required site tree densities must be maintained at all times. Failure to maintain the required tree densities may result in replanting.

9)

The site density factor (SDF) is determined as follows: SDF = (total site area, in acres) × 20

C.

Credit for existing trees. Credit for existing trees proposed to be retained on the site shall be calculated by multiplying the number of trees (by diameter) times the units assigned in table 103-9, credit for existing trees.

1)

Credit shall be given for all trees retained on a property having a diameter of five inches DBH or more, except trees located in a required zoning buffer and/or state waters' buffers.

2)

Only 50 percent of tree credits may be calculated from areas located in the floodplain or delineated as wetlands. No existing tree shall be counted as credit towards site density if greater than ten percent of its CRZ is disturbed.

3)

Using table 103-9 calculate the existing density factor (EDF) of trees five inches DBH or greater which will remain on the site and be protected during construction.

4)

The following guidelines and standards shall apply to trees proposed to be retained for credit toward meeting the site density factor on a property:

a.

Canopy/shade replacement trees shall be at least ten feet tall planted and have a trunk of not less than three caliper inches. Multi-stemmed canopy trees shall count only the largest trunk for caliper.

b.

Understory/flowering replacement trees shall be at least six feet tall planted and have a main trunk of not less than two caliper inches. All multi-stemmed understory/flowering replacement trees shall have a minimum of three canes, each with a minimum one-inch caliper extending clear at least to a height of four feet.

c.

Evergreen replacement trees shall be at least a seven-gallon size, six feet tall planted, and have a main trunk of not less than one and one-half caliper inches. All tree-formed, multi-stemmed, evergreen replacement trees shall have a minimum of three canes, each with a minimum one-inch caliper extending clear at least to a height of four feet and be pruned as tree form at time of planting.

d.

No more than 40 percent of any one genus may be included in any replanting plan.

Table 103-9 Credit for Existing Trees (EDF)

D.

Establishing the replacement density factor (RDF). To calculate the replacement density factor (RDF), subtract the existing density factor (EDF) from the site density factor (SDF).

E.

RDF = SDF — EDF

1)

Example procedures for calculating the required replacement density factor (RDF):

→

Step 1—Calculate the site density factor (SDF) by multiplying the number of site acres by 20.

Example = 1.85 acres X 20 = 37.0 Units

→

Step 2—Calculate the existing density factor (EDF) of trees that will remain on site to be protected during construction. EDF is determined by converting the tree diameter (DBH) of individual existing trees to density factor units, using table 103-9. These units are then totaled to determine the EDF for the site.

Example = A total of 12 trees will remain on the 1.85 acre site in step 1. The trees include:

•

Three 12-inch pines.

•

Four 18-inch oaks.

•

Three 20-inch pines.

•

Two 24-inch oaks.

When converted to density factor units using table 103-9, we arrive at the following values:

Adding together the units of all remaining trees, the sum total of units = 25.8

Since the existing density factor (EDF) is less than the required site density factor (SDF), replacement trees are required. The minimum site density factor (SDF) for a 1.85-acre site, established in step 1 has not yet been met.

→

Step 3—Calculate the replacement density factor (RDF) by subtracting the existing density factor (EDF) (step 2) from the site density factor (SDF) (step 1). RDF = EDF — SDF

Example = RDF = 37.0 (SDF) — 25.8 (EDF) = 11.2 (RDF)

Credit for new trees proposed to be replaced on the site shall be calculated by multiplying the number of trees (by diameter or height) times the units assigned in table 103-10, credit for replacement trees. Credit shall be given all new trees replaced on the property except for new trees of less than one and one-half inches in diameter and new trees planted in a required zoning buffer and/or state waters' buffers. The number of new trees planted is determined as follows:

→

Step 4—The replacement density factor (RDF) can be converted back to caliper inches using table 103-10. Any number or combination of transplantable size trees can be used so long as their total density factor units will equal or exceed the replacement density factor (RDF).

Example = On the 1.85-acre site the following number and size of trees will be planted as replacement trees:

Adding together the units of proposed replacement trees, the sum total of units = 11.4 units.

Proposed replacement units of 11.4 is greater than the replacement density factor (RDF) of 11.2 units; thus, minimum replacement requirements have been met and in this case, exceeded.

Table 103-10 Credit for Replacement Trees (RDF)

*All evergreens shall be a minimum of eight feet in height at the time of planting. Height rather than caliper size shall determine the unit value of evergreens.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Generally. Trees unique due to age, size, species or historic relevance are to be identified during the survey process and special consideration must be made to work around them. It is required that all reasonable efforts be made to save specimen trees. Design of buildings, hardscape and utilities are to be developed with consideration to preserving and featuring specimen trees.

B.

Criteria. The following criteria are used by the city to identify specimen trees. These criteria must be met for a tree to qualify:

1)

Size.

a.

Large hardwoods (oaks, poplars, sweet gums, etc.), 26-inch DBH or larger.

b.

Large softwoods (pines, deodar cedar, etc.), 30-inch DBH or larger.

c.

Small trees (dogwoods, redbuds, sourwoods, etc.), eight-inch DBH or larger.

2)

Other. A lesser-sized tree can be considered a specimen tree if, in the judgment of the director it is:

a.

A rare or unusual species or of historical significance.

b.

Specifically used by a builder, developer, or design professional as a focal point in a project or landscape.

c.

A tree with exceptional aesthetic quality.

C.

Additional density credit. In order to encourage the protection of specimen trees and the incorporation of these trees into the design of projects, additional density credit may be given for specimen trees which are successfully saved by a design feature specifically designated for such purpose.

1)

Such design features shall include, but may not be limited to alteration of building design, alternate building location, parking area, detention area, drainage system, or relocation of utilities.

2)

Credit for any specimen tree thus saved for such purpose would be two times the assigned unit value in table 103-9, credit for existing trees. Applicable credit must be approved by the director.

D.

Replacement, generally. Specimen tree replacement, in addition to minimum required tree density, shall be required in recompense for the removal of specimen trees.

1)

Removed specimen trees shall be replaced by species with potential for comparable size and quality.

2)

Specimen trees that are removed must be replaced by trees a minimum three-inch caliper at 14-foot minimum height, with an inch-for-inch replacement of the specimen tree removed.

E.

Replacement due to damage. Any tree designated on the tree protection plan to be saved which is damaged during construction or as a result of construction, as determined by the director, shall be replaced with a tree or trees equal to the unit value of the tree damaged. However, any specimen tree damaged as described above shall be replaced with trees equaling an inch-for-inch replacement of the tree damaged.

F.

Replacement due to improper removal. Any specimen tree which is removed without appropriate review and approval of the director must be replaced by trees equaling a two times an inch-for-inch replacement of the tree removed. The owner of the property shall be required to replace said tree or trees with replacement trees which will be three-inch minimum caliper. Size alone will determine whether a tree was of specimen quality if the tree is removed without approval and there is not sufficient evidence of its condition. Such action may also result in a stop work order issued by the director.

G.

Replacement as required maintenance. In the event any specimen tree or trees should not survive more than 24 months following completion of development, the owner of the property shall be required to replace said tree or trees with replacement trees (three-inch minimum caliper) having an inch-for-inch replacement of the specimen tree removed on the site as approved by the director. Failure to maintain the required tree density factor at any time during the life of the project shall be a violation of this section and may result in replanting.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Permit required. A tree removal permit shall be required for removing trees, five-inch DBH or greater. Permit applications shall be submitted to the community development department or in conjunction with an application for a land disturbance permit and/or building permit, whichever is applicable as determined by the director.

B.

Fees.

1)

There will be a fee for obtaining a tree removal permit based on the number of trees to be removed from all commercial, office, and industrial zoned properties and all residential zoned properties having greater than one acre land disturbance.

2)

The fee will be established by city council resolution.

3)

Homeowners on those properties with less than one acre land disturbance who remove trees on their own residential property, shall not pay any fee but are required to obtain a tree removal permit.

4)

If any tree five-inch DBH or greater is removed from those properties requiring a tree removal permit as listed above without a tree removal permit, the property owner shall pay a fine of three times the tree removal fee calculated.

5)

Tree removal plans submitted in conjunction with an application for a land disturbance permit and/or building permit will not be required to pay an additional tree removal permit outside the fees required for the land disturbance permit and/or building permit.

C.

Review and inspections. The director will review the tree removal plans and inspect the project site when necessary prior to the removal of any trees.

D.

Tree removal standards.

1)

Safety standards. The contractor shall be solely responsible for pedestrian and vehicular safety and control within the work site and shall provide the necessary warning devices, barricades, and ground personnel needed to give safety, protection, and warning within the area where tree removal or pruning is to occur. Blocking of public streets shall not be permitted unless prior arrangements have been made with the city and are coordinated with the appropriate departments. Traffic control is the responsibility of the contractor and shall be accomplished in conformance with state, county and local highway construction codes.

2)

Tree pruning. Pruning is to be performed by tree workers who, through related training and on the job experience, are familiar with the techniques and hazards of this work including trimming, maintenance, repairing or removal, and equipment used in such operations. The use of climbing spurs or irons is not approved in pruning operations on live trees. This type of work is a potentially hazardous occupation and is to be undertaken only by trained personnel or under the supervision of trained personnel, all of whom are covered with workers compensation, property damage, public liability, and complete operations insurance.

3)

Tree removal. Trees shall be removed in accordance with accepted industry standards and procedures and in accordance with the following minimum requirements:

a.

Extreme care shall be taken so as to prevent limbs, branches and trunks from falling and creating damage to adjacent homes, driveways, sidewalks, trees, shrubs, streets and other property, both public and private.

b.

Tree removal is a potentially hazardous occupation and is to be undertaken only by trained personnel or under the supervision of trained personnel, all of whom are covered with workers compensation, property damage, public liability, and complete operations insurance.

4)

Cleanup. Debris and logs shall not be left on the public right-of-way. It shall be the responsibility of the contractor to remove and dispose of, in a proper and acceptable manner, all logs, brush and debris resulting from the tree removal operation unless otherwise directed by the city. No person shall be issued a tree removal permit unless said person agrees to remove all cut logs, brush, and debris from the premises. Removal of such debris shall be performed daily so as not disrupt the work of other contractors on the site. Absolutely no burying on site is allowed. No burning on site is allowed without a permit issued by the fire safety services manager.

5)

Trees on private property. It shall be the duty of the person or persons owning or occupying property bordering on any street upon which property there may be trees, to prune such trees in a manner that they will not obstruct or shade street lights, obstruct passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct views of any street intersection. Any trees that are diseased or insect infested shall be removed, sprayed, or treated in a manner that they will not infect or damage nearby public vegetation or cause harm to the community or citizens therein. The director may order trees on private land that cause obstructions, present insect or disease problems, or otherwise present a danger to public health or safety be pruned, removed, or treated.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2022-0317-01, 3-17-2022)

A.

Release of bond. At 45 days prior to the expiration of the two-year landscape maintenance period, the Director shall inspect the site and shall make a determination of whether or not the required trees and landscaping are healthy and have a reasonable chance of surviving to maturity. Upon such finding, the bond shall be released at the two-year expiration date. In absence of such finding, the bond shall not be released and the owner of the property shall be notified to replace the unhealthy trees and landscaping or take other appropriate action as approved by the director. Any trees planted to meet the required tree site density factor which are dead or near death must be replaced.

B.

Failure to comply. Upon failure of the owner to comply with the director's decision regarding trees' health at the end of the two-year landscape establishment period, the city shall use the bond to the extent necessary to bring the property into compliance. Final inspection shall be scheduled within ten working days' notice.

C.

Additional requirements.

1)

Trees which are used to meet the tree density requirements shall be fully maintained for an additional two years after the date of final landscape establishment inspection. It is the responsibility of the property owner to water, fertilize, and treat trees in order to maintain tree health and vigor. The property owner shall, at all times, maintain the required tree density. Failure to maintain the required tree density factor at any time during the life of the project shall be a violation of this section.

2)

It shall be the duty of any person or persons owning or occupying property subject to this section to maintain said property in good condition so as to present a healthy, neat, and orderly appearance. Property shall be kept free from refuse and debris. Planting beds shall be mulched to prevent weed growth and maintain soil moisture. Plant materials shall be pruned as required to maintain good health and character. Turf areas shall be mowed periodically. All roadways, curbs, and sidewalks shall be edged when necessary in order to prevent encroachment from adjacent grassed areas.

(Ord. No. 2014-18, § 2, 8-21-2014)

Any person, firm, corporation, company, or partnership violating any provision of this section shall be punished as provided in section 105.15.00 (Enforcement) of this UDC. Where an offense continues from day to day, each day's continuance thereof shall be deemed a separate offense. Each tree cut, damaged, or poisoned shall constitute a separate offense. The owner of a premise, where anything in violation of this section shall exist, or any person, firm, corporation, company, or partnership that may have assisted in the commission of such violation shall be guilty of a separate offense and, upon conviction thereof, shall be punished as herein provided.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Unless otherwise approved by the director, all plant material selected to meet the landscaping, buffering, and/or planting requirements of this UDC shall be selected from the plant palette for the city, as shown in table 103-11. Plant materials shall be placed appropriately for future growth.

B.

Invasive plant species as shown on the Georgia Exotic Pest Plant Council (EPPC) Invasive Plant List shall be prohibited.

Table 103-11 City of Canton Plant Palette

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2023-0720-2, Att., 7-20-2023)

It is the purpose and intent of this section to establish community design standards for the City of Canton in order to encourage orderly development, to protect property values to further enhance and preserve the aesthetics that attribute to the quality of life of Canton, to protect the investments made by existing development, to ensure compatibility and harmony of the built environment, to respect the history and integrity of the city by minimizing any adverse impacts of new development, and by encouraging creativity through a variety of building materials and design elements.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Community design plans shall be submitted to the community development department for all properties within the City of Canton, said properties to include non-single-family detached residential, commercial, office, institutional, industrial, and special use which are engaged in new construction, renovation, being refurbished, additions to existing structures, or being remodeled.

B.

Review and approval or denial of community design plans shall be performed by the City of Canton City Manager or his/her designee, a representative from planning and zoning, and a representative from building and safety service. The Canton Design Review process shall not review any project within the Canton Historic District. Projects within the historic district are reviewed by the historic preservation commission when warranted.

C.

Should any activity which is regulated by a city business license cease to operate at its existing location or vacate its location for 60 days or more, a design plan including the architectural intent of the structure shall be submitted to the community development department prior to issuance of any new business license or reoccupation of the structure by an existing business. This shall apply to any change of business license holder even if the activity being conducted is identical to the previous business license occupant.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2018-0920-02, 9-20-2018; Ord. No. 2022-0616-02, 6-16-2022; Ord. No. 2025-0904-2, 9-4-2025)

The following structures shall be exempt from this section:

A.

Single-family detached dwellings (except as may be conditioned by a rezoning);

B.

Agricultural structure (harvesting of timber, sod, or plants/vegetables grown for consumption or sale).

(Ord. No. 2014-18, § 2, 8-21-2014)

The following information shall be included when submitting for community design standard review:

A.

Elevation drawings including front, rear, and sides of the proposed building(s). All elevation drawings shall be to scale.

B.

Building materials list for each structure.

1)

Acceptable building materials are:

a.

Brick;

b.

Decorative stone, decorative block;

c.

Concrete or wood lap siding;

d.

Finished block;

e.

Stucco, E.I.F.S.;

f.

Glass;

g.

Structural panels or other material as approved by the city.

2)

The city encourages the majority of the exterior façade of buildings to be brick or stone.

3)

Acceptable building materials for structures in industrial zoning districts are those listed in subsections B.1 and B.2 above in addition to structural panels.

4)

Residential structures that are proposed to accommodate a non-residential use (as may be allowed by the zoning district in which the structure is located) shall retain existing building material or utilize materials found on surrounding residential structures.

C.

Colors of all structures shall be submitted and displayed in a chip form customary of the paint industry. (See community and development department staff for acceptable samples of a variety of color chips found throughout the city's built environment.)

D.

Notations on design plans which provide details of any appendages (attached or fixed) including, but not limited to, HVAC units, satellite dishes, cold storage rooms/coolers, compressors, grills, security gates, or any other element that may affect the exterior of the subject building(s).

(Ord. No. 2014-18, § 2, 8-21-2014)

The following requirements and policies are established as the minimum community design requirements of the City of Canton. These requirements are set forth for the entire community including the City of Canton to establish the aesthetic standards in which all construction is strongly encouraged to follow. These same standards shall be used to govern all public buildings constructed by the city as well as those imposed upon the community at large:

A.

All design shall be in keeping and is encouraged to be compatible with the existing built environment.

B.

Factors considered for community design shall include:

1)

Mass of building(s);

2)

Height;

3)

Size;

4)

Site placement;

5)

Relationship of proposed structure(s) to those properties adjacent to subject structure(s);

6)

Color;

7)

Materials used and in combination thereof;

8)

Compatibility of the structure to the balance of the overall project;

9)

Preservation of any scenic views or corridors;

10)

Historical compatibility when appropriate for area;

11)

Design components shall be related to the physical and aesthetic elements of the project as a whole;

12)

Design to complement adjacent and surrounding properties;

13)

Design shall be of such to protect the visibility of any material or element that may be visible from a street (public or private), drive, or adjacent properties;

14)

Any attached device to the subject structure shall be in keeping with the overall scope of the building and shall not be the predominant or primary characteristic of the building but secondary to the building;

15)

Protection of view corridors;

16)

Protection from shadow casting of subject building(s) in relationship to the built environment.

(Ord. No. 2014-18, § 2, 8-21-2014)

A fee for plan submittal and review shall be established by city council. Said fee shall be submitted at the time of plan review submittal.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Upon approval of community design plans, the director shall commit to writing said approval to the applicant.

B.

An applicant shall have one year from the issuance of the design review approval to apply for a building or land disturbance permit. The applicant is entitled to one 90-day extension in which to begin work. Said extension request shall be made in writing by the applicant to the director and shall be submitted at least two business days prior to the expiration of approval. Upon expiration of said extension, the applicant shall reapply for community design standard review and approval.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The following project items do not need design review approval from the design review team. Review and approval of the proposed project is handled by the community development department.

1)

Accessory structures, i.e.

a.

Dumpster enclosures

b.

Garages

c.

Mail kiosks

2)

Additions, less than 25 percents of the principal building

3)

Awnings/canopies

4)

Doors

5)

Fences

6)

Louvres/shutters

7)

Painting, earth or neutral hue tones

a.

Accent colors, limited to 20 percent of the façade

8)

Railings/ramps

9)

Solar panels/arrays

10)

Utilities, properly screened

11)

Windows

B.

Continuation of existing development that received approval from the Canton Design Review team prior.

1)

Townhomes

C.

Zoning conditions of approval prior to August 1, 2025 that require design review approval can be reviewed administratively.

(Ord. No. 2025-0904-2, 9-4-2025)

Editor's note— Ord. No. 2025-0904-2, adopted Sept. 4, 2025, renumbered the former § 103.07.08 as § 103.07.09 and enacted a new § 103.07.08 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

A.

Should the application seeking approval of community design standards be denied, it shall be found and described so in writing to the applicant stating the reason(s) for said denial and shall include a list of prescribed remedies.

B.

Reasons for denial shall pertain to the following:

1)

Negative impact to the environment;

2)

Negative impact to property values;

3)

Negative impact to surrounding or adjacent properties;

4)

Negative impact to the public health, safety, or welfare.

5)

Failure to comply with section 103.07.00 of this unified development code.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2022-0616-02, 6-16-2022; Ord. No. 2025-0904-2, 9-4-2025)

Editor's note— Ord. No. 2025-0904-2, adopted Sept. 4, 2025, renumbered the former § 103.07.09 as § 103.07.10 as set out herein. The historical notation has been retained with the amended provisions for reference purposes. See also editor's note at § 103.07.08.

Any violation or attempted violation of section 103.07.00 or of any condition or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2025-0904-2, 9-4-2025)

Editor's note— Ord. No. 2025-0904-2, adopted Sept. 4, 2025, renumbered the former § 103.07.10 as § 103.07.11 as set out herein. The historical notation has been retained with the amended provisions for reference purposes. See also editor's note at § 103.07.09.

A.

Any person aggrieved by a decision of the community development department staff with respect to any determination made in accordance with section 103.07.00 shall have the right to appeal to the Canton Design Review team.

B.

Any person aggrieved by a decision of the Canton Design Review team with respect to any determination made in accordance with section 103.07.00 shall have the right to appeal to the city council.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2025-0904-2, 9-4-2025)

Editor's note— Ord. No. 2025-0904-2, adopted Sept. 4, 2025, renumbered the former § 103.07.11 as § 103.07.12 as set out herein. The historical notation has been retained with the amended provisions for reference purposes. See also editor's note at § 103.07.10.

In addition to section 103.07.00 and other design-related standards identified in this UDC, additional design requirements may apply, including, but not limited to, the City of Canton Historic District Design Guidelines that are on file at the community development department.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2025-0904-2, 9-4-2025)

Editor's note— Ord. No. 2025-0904-2, adopted Sept. 4, 2025, renumbered the former § 103.07.11 as § 103.07.12 as set out herein. The historical notation has been retained with the amended provisions for reference purposes. See also editor's note at § 103.07.11.