The purpose of chapter 104 is to provide design standards in specific situations, including additional standards to address potential impacts of specific uses, standards for uses that are accessory to the principal building on a property, and standards for temporary uses. The standards in this chapter do not exempt uses from meeting all other applicable requirements of this UDC, unless noted herein.

(Ord. No. 2014-18, § 2, 8-21-2014)

In addition to the principal uses, the uses identified in this section are considered to be a customary accessory use, and as such may be situated on the same lot with the principal use to which it serves as an accessory provided that all setback, yard requirements, and provisions of this section are met.

A.

All zoning districts.

1)

Accessory uses shall be located in the side or rear yard.

2)

Accessory uses and accessory dwellings shall be located ten feet from side and rear property lines.

B.

Residential districts. The following uses are considered to be a customary accessory use to a dwelling located in residential zoned districts:

1)

Private garage not to exceed the following storage capacities:

a.

One- or two-family dwelling: Four automobiles.

b.

Multiple-family dwelling: Two automobiles per dwelling unit.

c.

Group dwelling: One and one-half automobiles per sleeping room.

2)

Open storage space or parking area for motor vehicles provided that such space does not exceed the maximum respective storage capacities listed above, and provided that such space shall not be used for more than one commercial vehicle licensed as one ton or more in capacity per family residing on the premises.

3)

Shed or tool room.

4)

Children's playhouse and play equipment.

5)

Quarters for the keeping of pets owned by occupants for noncommercial purposes provided that such use does not generate a nuisance to adjoining properties.

6)

Private swimming pool and bathhouse or cabana in accordance with section 104.02.03 of this UDC.

7)

Structures designed and used for purposes of shelter in the event of manmade or natural catastrophes.

8)

Accessory dwelling units in accordance with section 104.02.02.

9)

A fence or wall not more than four feet in height may project into or enclose that portion of the property between the structure and public or private street(s).

a.

The fence or wall shall be at least ten feet from the roadway, or off the right-of-way, whichever is greater, but in no instance shall the fence or wall cause a sight distance problem to the motoring public.

b.

A fence or wall may project into or enclose other portions of the side or rear yard of the property provided the fence or wall does not exceed a height of eight feet.

c.

The decorative or finished side of the fence shall face outward.

C.

Commercial, office and institutional districts; mixed use district; and, industrial districts. The following requirements shall pertain to any fence or wall:

1)

The decorative or finished side of the fence shall face outward.

2)

No fence or wall constructed or installed shall permit any anti-person or anti-animal feature unless it is a security fence.

3)

A security fence shall be permitted within the C-G (General Commercial) and L-I (Light Industrial) zoning districts.

a.

The security fence shall not exceed eight feet in height, but shall allow three strands of barbed wire above the eight feet height.

b.

The security fence shall not project into or enclose any portion of the property located between the main structure and any public or private street(s).

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

A.

Generally.

1)

Accessory dwellings include, but are not limited to, basement apartments, garage apartments, caretaker quarters, guesthouses, and other accessory dwellings.

2)

Accessory dwellings shall not include tents, boats, manufactured storage buildings and mobile structures including RVs and travel trailers, with the exception that RVs and travel trailers may be allowed for occupancy in a campground or travel trailer park as permitted in this UDC.

3)

One accessory dwelling per lot is permissible within the principal dwelling or as a freestanding dwelling in R-4, R-10, R-15, R-20, and R-40 zoning districts.

4)

One accessory dwelling per lot is permissible within the principal dwelling or as a freestanding dwelling in PD and RA-6 zoning districts where only one single family home is present.

5)

The accessory dwelling shall not exceed 50 percent of the habitable floor area of the principal dwelling or 807 square feet, whichever is greater.

6)

At least one additional off-street parking space shall be provided to serve the accessory dwelling.

7)

Persons seeking an ADU shall provide, if applicable, a written statement to city staff from their homeowner's association which confirms that the HOA does not prohibit ADUs.

8)

Either the primary unit or the ADU shall be owner-occupied. Prior to the issuance of a certificate of occupancy for the ADU, the owner(s) shall record a covenant with Cherokee County Superior Court Clerk's office, and subsequently submit a copy of the recorded covenant to the City of Canton Community Development Department. The covenant shall state that the owner(s) agree to restrict use of the primary and accessory dwelling units in compliance with the requirements of section 104.02.02 of the Official Code of the City of Canton, Georgia.

a.

This provision shall not apply to accessory dwelling units constructed or permitted prior to August 21. 2025.

B.

Within principal dwelling. Accessory dwellings contained within a principal dwelling shall comply with the following standards:

1)

The accessory dwelling shall be accessible from the interior of the principal dwelling.

C.

As freestanding dwelling. Freestanding accessory dwellings shall comply with the following standards:

1)

The accessory dwelling unit may be located in a second floor over a detached garage or may be a separate structure;

2)

The accessory dwelling shall be located only within the rear or side yard;

3)

The accessory dwelling shall meet the minimum setback requirement for accessory uses; and

4)

The height of the accessory dwelling shall be no greater than the height of the principal dwelling or 25 feet, whichever is greater.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2022-0317-01, 3-17-2022; Ord. No. 2025-0821-1, § I, 8-21-2025)

A.

Generally.

1)

A home occupation is permissible in a lawfully established dwelling unit in any zoning district where residential uses are permissible. All home occupations shall meet the standards set forth in section 104.02.03.C.

2)

The following and similar uses shall be considered home occupations:

a.

Office for professionals, such as attorneys, drafters, realtors, insurance agents, engineers, architects, appraisal services, and other similar professions for consultations;

b.

Instruction or teaching, such as, but not limited to, academic tutoring, performing arts, fine arts, or culinary arts provided that no more than two students are instructed at any one time;

c.

Administrative or clerical support services, such as transcription, court reporters, stenographers, notary public, or addressing services;

d.

Personal services, such as beauty or barber shop, nail technician, dress-making or tailoring, provided that the service is limited to one station;

e.

Pet grooming;

f.

Day care for six or fewer children (family day care home);

g.

Licensed medical practitioner (excluding veterinarians);

h.

Manufacturers' or sales' representative office;

i.

Studios for artists, photographers, or artisans; and

j.

Outdoor instructional services for swimming.

k.

Short-term rental units allowed under chapter 18, article XV of the Code of the City of Canton, Georgia.

3)

An interpretation by the community development director that a use not listed in section 104.02.03.A.2 is similar shall be based on the tasks and activities normally associated with the proposed use and the similarity of those tasks and activities with the tasks and activities normally associated with a listed use.

4)

Under no event shall the permitted uses under this section be deemed to circumvent any of the regulations of the State of Georgia, nor be deemed to allow a use by any individual who has not first been approved by the appropriate department having authority over the same for the State of Georgia.

5)

In no event shall the uses as permitted under this section require the City of Canton, its departments or employees to be responsible for enforcement of any requirements placed on an individual by the State of Georgia, or to have any responsibility to anyone, where someone is maintaining a facility as would otherwise be allowed under this section without first meeting all State of Georgia requirements and regulations.

B.

Prohibited uses. The following uses shall not be considered home occupations and are prohibited:

1)

Towing truck business;

2)

Auto detailing;

3)

Private clubs;

4)

Auto repair;

5)

Veterinarian;

6)

Restaurants and taverns; and

7)

Taxi services.

C.

Standards for all home occupations.

1)

Location. Except for permitted outdoor instructional services the use shall be carried on wholly within the principal building. The attachment of an accessory building by breezeway, roof, or similar structure shall not be deemed as sufficient for the accessory building to be considered as a portion of the primary building.

2)

Size. Not more than 25 percent of the floor area, not to exceed 500 square feet, of the principal building shall be used for the conduct of the home occupation.

3)

Displays. No merchandise or articles shall be displayed for advertising purpose, nor be displayed in such a way as to be visible from outside the dwelling.

4)

Business equipment and vehicles. No equipment or business vehicles may be stored or parked on the premises except that one business vehicle (the carrying capacity of which shall not exceed one and one-half tons) used exclusively by the resident may be parked in a carport or garage.

5)

Residential character maintained. There shall be no alteration of the residential character of the building or premises, and the conduct of the home occupation shall not increase the normal flow of traffic or on-street or off-street parking.

6)

Inhabitants. The number of persons working for the home occupation who are not residents living on the premises shall not exceed one.

7)

Parking. One off-street paved parking space shall be provided in addition to the required parking for residential use of the building.

8)

No motor power, other than electrically operated motors, shall be used and the total horsepower of such motors shall not exceed three horsepower or one horsepower for any single motor.

9)

Nuisance factors. The home occupation shall not constitute a nuisance to the surrounding neighborhood. The use of machinery or equipment, the instruction or teaching of performing arts such as voice or music, or any other objectionable condition that produces noise, smoke, odor, vibration, or electrical interference beyond the property line of the lot on which the home occupation is located shall be prohibited.

10)

Signage. See the permanent signs section in chapter 103.

11)

Business license required. All home occupations shall have a business license from the City of Canton.

12)

Outside storage. Outside storage of materials used in connection with a home occupation is prohibited; however, storage of materials in an accessory building is permissible.

13)

Business hours. No business involving on-site visits by customers shall be conducted between the hours of 9:00 p.m. and 8:00 a.m., Monday through Saturday, nor shall business involving on-site visits by customers be conducted on Sunday.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2023-1116-2, § 2, 11-16-2023)

A.

Uses and activities on the premises of a religious facility other than the principal use of worship shall be considered accessory uses and shall be clearly ancillary to the primary use. Such uses and activities shall be limited to:

1)

Religious instruction (such as "Sunday School," Bible school, or similar instruction or study typically associated with the religion);

2)

Offices to support the establishment;

3)

Child or adult day care;

4)

Private academic school, including nursery school or preschool;

5)

A fellowship hall, with or without a kitchen, (which may be known as a community center, activity hall, or life center);

6)

Recreation facilities;

7)

Individual meeting spaces;

8)

A parsonage; and

9)

Outdoor play or activity areas.

B.

Accessory uses shall be subject to applicable requirements in section 104.03.18.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Where allowed.

1)

Outdoor displays.

a.

Outdoor display areas shall only be allowed on property zoned or approved for retail, sales of goods and merchandise.

b.

Outdoor display areas located in a front yard shall occupy no more than ten percent of the front yard area and shall not encroach on any required parking areas or be located in a designated landscape area.

2)

Outdoor storage.

a.

Outdoor storage shall only be allowed in the rear yard of any property zoned or approved for retail or industrial uses.

b.

Storage areas shall be screened from view by an opaque fence a minimum of six feet in height.

c.

Storage areas may also be used as outdoor display areas.

3)

Outdoor retail sales.

a.

Outdoor retail sales shall only be allowed in the GC Zoning District.

b.

All merchandise shall be located a minimum of 30 feet from the road/street and 50 feet from any property zoned or used for residential purposes.

c.

Merchandise and goods for sale shall not exceed a height of ten feet in the front yard and 20 feet in the rear yard.

d.

Merchandise shall not be displayed in any required parking or landscape/buffer area.

B.

Exceptions. The following uses are exempt from the requirements of this section:

1)

Areas designated for the outdoor sale or display of plant material and seasonal items such as Christmas trees, pumpkins, and fruits and vegetables.

2)

Sale, leasing or renting displays of automobiles, boats, recreational vehicles and farm implements.

3)

Retail sale of goods that are placed under a permanent canopy attached to the principal structure. Any goods or items that would impede the normal flow of pedestrian traffic or be in violation of the Americans with Disabilities Act are prohibited.

C.

Surface materials. All display and storage areas shall have merchandise placed upon a concrete or asphalt surface.

(Ord. No. 2014-18, § 2, 8-21-2014)

All swimming pools shall comply with the following requirements:

A.

Site plan. A site plan shall be submitted to the community development director indicating the location of the pool and all yard setbacks.

1)

A swimming pool shall not be constructed within the required front yard of any lot.

2)

A swimming pool shall not be located closer than ten feet to the rear lot line or to an interior side lot line.

B.

Construction plan.

1)

A construction plan shall be submitted to the community development director including the structural design of said pool or any accessory buildings.

2)

Accessory buildings and/or pool houses shall comply with all of the requirements given for "accessory buildings" included in this UDC.

C.

Fencing.

1)

All swimming pools shall be enclosed by a fence and maintained in good condition with a self-closing gate and lock. The lock shall be placed a minimum of five feet above the ground level.

2)

Fencing shall be a minimum five feet in height.

3)

Picket spacing shall be no less than four inches on center.

4)

Fencing shall be located in such a manner that it does not obstruct visibility at road intersections.

5)

Fencing shall comply with all the requirements that pertain to visibility in section 103.02.03 and section 104.02.01.B.9.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Minimum lot size shall be ten acres.

B.

Minimum setback for buildings, parking lots and access drives when abutting residential zoning districts shall be 200 feet.

C.

Minimum setback for buildings when abutting non-residential zoning districts shall be 100 feet.

D.

Parking lot design shall include paved aisles and pervious parking space materials as approved by the community development director.

E.

Property shall front a major arterial street.

(Ord. No. 2014-18, § 2, 8-21-2014)

Archery and shooting ranges, as defined by this UDC, shall be totally enclosed indoor facilities that meet all applicable standards established by the following:

A.

National Rifle Association (NRA) Range Source Book (latest edition as amended) published by the NRA.

B.

Lead Management and Occupational Safety and Health Administration (OSHA) Compliance for Indoor Shooting Ranges published by the National Association of Shooting Ranges (NASR) and OSHA.

C.

Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) registration requirements.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Family personal care homes and group personal care homes shall meet the following requirements:

1)

Property shall front a collector or arterial road.

2)

Minimum building setbacks shall be 50 feet from any side or rear property line.

3)

Outdoor activity areas shall be fenced according to the standards of NFPA 101: Life Safety Code.

4)

No more than two parking spaces may be located in the driveway, garage, or in the front yard; additional spaces shall be located in the rear yard only and shall be screened from view from adjacent properties.

B.

Congregate personal care homes shall front a collector or arterial road.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

All parking (including handicap parking) shall be onsite and off-street, and it shall be provided in the side and/or rear of the property. Parking areas shall be set back a minimum of ten feet and screened from adjacent properties.

B.

There shall be no cooking facilities within the guest rooms.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Generally.

1)

Property shall front an arterial road and shall be within one-quarter mile of an interstate highway or state route.

2)

The condition of soils, groundwater level, drainage, and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors, or other adverse influences and no portion subject to unpredictable and/or sudden flooding, subsidence, or erosion shall be used for any purpose which would expose persons or property to hazards.

3)

Such parks or campgrounds shall provide restroom facilities. Restrooms shall be equipped with flush-type features and shall provide toilet, washbasin and bathing facilities. If restrooms are not connected to public sanitary sewer system, a private septic tank system shall be required as approved by the environmental health department.

4)

Permissible accessory uses and structures, not to exceed ten percent of gross area of a site, include management headquarters, recreational facilities, showers, coin-operated laundry facilities, and other uses and structures customarily incidental to operation of a campground or RV park.

B.

Site design standards.

1)

Minimum lot size shall be 20 acres.

2)

Access shall be prohibited through residential zoning districts.

3)

Minimum setback for pads or campsites from a public right-of-way shall be 50 feet.

4)

Minimum setback for pads or campsites from the nearest adjacent residence on an adjoining parcel shall be 200 feet.

5)

No guest may occupy an individual pad or campsite for more than 90 days.

6)

A minimum buffer width of 50 feet from any residential zoning district, planted in accordance with the requirements of section 103.03.00, shall be required.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Any person or persons establishing a cemetery, or mausoleum or combination thereof, for the purpose of selling any grave space, lot or crypt shall do so in accordance with the Georgia Cemetery and Funeral Services Act of 2000.

B.

Any person or persons establishing a private cemetery or mausoleum, or family burial plot shall comply with the following provisions:

1)

The minimum setback for structures, storage, materials, equipment, or interment lots shall be:

a.

Forty feet from any front property line;

b.

Twenty-five feet from any side or rear property line;

c.

Twenty-five feet from any state waters; and

d.

One hundred and fifty feet from a drinking water well.

2)

A cemetery shall not be located in a wetland, 100-year floodplain, floodway or flood hazard area.

3)

Mausoleums and columbaria may be located only within the boundaries of approved cemeteries. Mausoleums and columbaria shall have facades of brick or stone.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Generally.

1)

All facilities regulated in this section shall comply with state regulations and acquire applicable state licenses for operation.

2)

When any child day care facility is operated as a home occupation, it shall comply with section 104.02.03, home occupations.

B.

Family day care home and group day care home requirements.

1)

A family day care or group day care home may operate only within a freestanding structure or within a single-family dwelling.

2)

Drop-off and pick-up areas shall be off-street.

C.

Child day care center requirements.

1)

A child day care center may operate only within a freestanding structure, within a religious facility, or within a private school.

2)

Drop-off and pick-up areas shall be off-street.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Property shall front an arterial road.

B.

Outdoor recreation areas shall have a minimum 150-foot setback from any property zoned or used for residential purposes.

C.

Outdoor lighting shall be directed and shielded to avoid illumination of adjacent properties, as measured at the property line.

(Ord. No. 2014-18, § 2, 8-21-2014)

All gas stations shall comply with the following regulations:

A.

Gas stations shall be located on a parcel with a minimum size of one acre.

B.

A site plan showing the dimensions of the site, the relative locations of all buildings, pump islands, tanks, screening, driveways, curbing, lighting and landscaping shall be submitted and approved prior to the issuance of any permits.

C.

Underground storage tanks shall be located at least 25 feet from any property line or right-of-way.

D.

Driveways shall be located at least ten feet from any property line.

E.

The canopy for the fuel pumps shall be located at least 25 feel from any property line or right-of-way.

F.

Advertising on any exterior window of the building shall be prohibited.

G.

Advertising on any fuel pumps shall be prohibited. This shall not apply to any advertising that is incorporated in the fuel pump itself such as video screens.

H.

Exterior facades of the buildings and support structures shall be brick or stone.

I.

These regulations shall not apply to any gas stations which are in existence as of the date of the adoption of the ordinance from which this section is derived, except if the gas station is closed for a period of six months, in which case it cannot re-open without complying with all regulations.

(Ord. No. 2021-1118-01, § 3, 11-18-2021)

Golf courses not associated with a residential neighborhood shall meet the following requirements:

A.

The golf course shall be a full 9-hole or more course.

B.

Any building or structure established in connection with such use shall be set back no less than 100 feet from any property line except where such property line is a street line.

C.

Central loudspeakers shall be prohibited.

D.

Outdoor lighting shall be directed and shielded to avoid illumination of properties used or zoned for residential purposes and shall be turned off not later than 9:00 p.m.

E.

Safety netting at least 32 feet in height shall be required on the perimeter of the playing area abutting public or private streets.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The facility shall be enclosed by a wall or fence and buffer area with ten feet in depth to screen adjacent property.

B.

Central loudspeakers shall be prohibited.

C.

Outdoor lighting shall be directed and shielded to avoid illumination of properties used or zoned for residential purposes and shall be turned off not later than 9:00 p.m.

D.

Safety netting at least 32 feet in height shall be required on the perimeter of the playing area abutting public or private streets or residential areas.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Minimum lot size shall be five acres.

B.

Property shall front an arterial or collector road.

C.

Outdoor recreation areas shall have a minimum 75-foot setback from any property zoned or used for residential purposes and shall be fully enclosed by a fence having a minimum height of four feet. Outdoor lighting shall be directed and shielded to avoid illumination of properties used or zoned for residential purposes and shall be turned off not later than 9:00 p.m.

D.

Drop-off and pick-up areas shall be separated from parking areas.

(Ord. No. 2014-18, § 2, 8-21-2014)

Any hotel, motel or tourist court in which more than 35 percent of the units include kitchenettes or kitchen facilities, the following shall apply:

A.

Minimum lot size shall be two acres.

B.

At a minimum, provisions for weekly cleaning of each suite must be provided.

C.

Each suite must be protected with a smoke detector and sprinkler system approved by the fire safety services manager.

D.

Each suite shall be required to include an automatic power shut off timer for each stove/cook top unit or other type burner.

E.

There shall be no outside storage allowed or long term parking of heavy equipment, or parking of construction or related equipment.

F.

No facility under this section is to be converted or used primarily as an apartment or condominium.

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

A.

Purpose.

1)

The purpose of this section is to promote the health, safety and welfare of the citizens of the City of Canton by promulgating certain minimum dwelling space and occupancy requirements for dwellings and structures on property leased or rented for human habitation.

2)

This section is hereby declared remedial and shall be construed to secure the beneficial interests and purposes thereon which are public safety, health and general welfare from hazards incident to the use and occupancy of residential dwellings and accessory structures leased or rented for human habitation.

B.

Scope.

1)

The provisions of this section shall apply only to leased or rented dwellings or portions thereof, all accessory structures or portions thereof located on property, used or unused, designed or intended to be used for human habitation or the storage of materials associated with human habitation.

2)

This section establishes minimum standards for occupancy, and does not replace or modify standards otherwise established for construction, replacement or repair of dwellings except such as are contrary to the provisions of this UDC.

3)

Dwellings or structures moved into or within the jurisdiction shall comply with the requirements of this section.

4)

This section does not apply to dwellings occupied by any owner for residential purposes as defined herein.

C.

Existing dwellings and structures.

1)

Alterations, repairs or rehabilitation work may be made to any existing building without requiring the building to comply with all the requirements of this section provided that the alteration, repair or rehabilitation work conforms to the requirements of any other ordinances governing new construction.

2)

The community development director shall determine, subject to appeal to city council, the extent, if any, to which the existing building shall be made to conform to the requirements of this section for new construction.

3)

Minimum dwelling space requirements: Every applicable dwelling and its premises shall conform to this section.

D.

Building requirements.

1)

Every dwelling unit shall contain at least 200 square feet of floor space for the first occupant thereof and at least an additional 100 square feet of floor area per additional occupant. The floor area shall be calculated on the basis of the total area of all habitable rooms.

2)

In every dwelling unit, every room occupied for sleeping purposes by one occupant shall contain at least 100 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 60 square feet of floor space for each occupant thereof.

3)

Habitable areas, hallways, corridors, bathrooms, water closet rooms and kitchens, other than storage rooms and laundry rooms shall have a ceiling height of not less than seven and one-third feet measured to the lowest projection from the ceiling. If any room has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the room area. No portion of the room measuring less than five feet from the finished floor to the finished ceiling shall be included in any computation of the minimum room area.

4)

Each property owner shall cause to be posted in a conspicuous place within the dwelling a notice of maximum occupancy setting forth the maximum number of persons that may occupy said dwelling and/or each sleeping space therein under this section and any other information as deemed necessary by the code enforcement official. It shall be a violation of this UDC for any property owner to fail to comply with this subsection or for any occupant to remove, destroy, deface or otherwise interfere with the posting of the notice of maximum occupancy at the dwelling.

E.

Unit registration.

1)

Every residential rental unit shall be registered annually with the City of Canton within 60 days of enactment date of this UDC, within 30 days from the date of occupation of the residential rental unit pursuant to any residential lease agreement, or by April 1 of each year, whichever shall first occur.

2)

Failure to register or failure to timely register a residential rental unit under this section shall be a violation of this UDC. Failure to provide accurate information in connection with the registration of a residential rental unit shall be violation of this UDC.

F.

Inspections.

1)

The code enforcement official shall make or cause to be made inspections to determine the condition of residential dwellings and premises in the interest of safeguarding the health and safety of the occupants of such dwellings and of the general public.

2)

For the purpose of making such inspections, the code enforcement official, is hereby authorized to enter, examine, and survey at all reasonable times all residential dwellings and premises. The owner or occupant of every residential building or the person in charge thereof shall give the code enforcement official free access to such residential building and its premises, at all reasonable times and places for the purpose of such inspection, examination and survey.

3)

To facilitate the enforcement of this section, the judge of the municipal court shall have the power to issue orders for the inspections of any building or structure covered under this section, subject to the provisions of the Georgia and United States Constitutions.

G.

Power to issue citations.

1)

Whenever the code enforcement official determines that there are reasonable grounds to believe that there has been a violation of any provision of this section or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the owner, operator or occupant responsible thereof by the issuance of a citation. Service of the notice shall be as follows:

a.

By delivery to the owner, operator or occupant personally, or by leaving the notice at his or her usual place of abode with a person of suitable age and discretion;

b.

By depositing the notice in the United States post office addressed to the owner, operator or occupant at his or her last known address with postage prepaid thereon; or

c.

By posting and keeping posted for 24 hours a copy of the notice in a conspicuous place on the premises which is the subject of the citation.

H.

The municipal court shall have full jurisdiction to try and dispose of all questions under this section and to try and, in the case of conviction, to punish persons in violation of any provision of this section.

I.

It shall be unlawful for an owner, operator or occupant to fail to comply with any applicable provision of this section. Any person found to be in violation of this section shall be punished as follows:

1)

First offense: One hundred dollars.

2)

Second offense: Five hundred dollars.

3)

Third offense: Seven hundred fifty dollars.

4)

Fourth and subsequent offense: A fine or imprisonment, or both, as allowed under the laws of the State of Georgia for a misdemeanor as the judge of the municipal court deems appropriate upon consideration of the evidence.

5)

In addition to the punishments set forth in subsections I.1 through I.4 above, the judge of the municipal court may, in his discretion, impose community service for any violation of this section.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Access shall be from an arterial road.

B.

Minimum building setbacks shall be 50 feet from any side or rear property line.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

All manufactured homes placed in the city shall be constructed in conformity with the requirements of the U.S. Department of Housing and Urban Development (HUD) and shall be installed so as to comply with Chapter 120-3-7 Rules and Regulations for Manufactured Homes of the Rules of Comptroller General Safety Fire Commissioner. The installation of tiedowns and ground anchors may vary from model to model and may comply with manufacturer's specifications where said specifications exist.

B.

A pre-owned manufactured home may be installed after the building official finds the home to be in compliance with:

a.

HUD requirements;

b.

The electrical wiring standards as set forth in the National Electric Code; and

c.

The standards set forth in Chapter 120-3-7 Rules and Regulations for Manufactured Homes of the Rules of Comptroller General Safety Fire Commissioner.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Generally.

1)

Proposed development standards for all planned development (PD) zoning districts are subject to master plan approval by the city council in accordance with the requirements of this UDC.

2)

Access shall be provided from an arterial or collector street.

3)

Regional-serving, "big box" commercial, and industrial uses shall be accessible from a major arterial street.

4)

The total number of off-street parking spaces required in a PD zoning district may be reduced during the master plan approval process based on unique land use types or combinations, or based on a recognized standard for shared parking between complimentary uses.

5)

All development shall be organized to include, protect or enhance as many of the following open areas and features as possible:

a.

Natural features such as stream or river corridors, bluffs, ridges, steep slopes, and mature trees;

b.

Landscaped buffers or visual transitions between different types or intensities of land uses; and

c.

Areas that accommodate multiple compatible open space uses rather than a single use.

6)

Minimum required common open space requirements may include land occupied by active recreational uses such as pools, playgrounds, and walking trails; however driveways, sidewalks, parking areas and designated outdoor storage areas shall not be counted as common open space.

7)

The use of alleys is encouraged for development that is residential or predominantly residential. Where alleys are used they shall comply with the following minimum standards:

a.

The minimum right-of-way width of a residential alley shall be 16 feet.

b.

The minimum right-of-way width of a commercial or industrial alley shall be 20 feet.

c.

All platted alleys shall be paved.

d.

Residential alleys shall connect through the block to a publicly dedicated street on each end and must provide access to at least 50 percent of the garages on lots adjacent to the alley.

e.

The applicant must provide for private ownership and maintenance of the alley.

B.

Additional standards by district.

1)

PD-Residential District.

a.

Minimum overall project land area shall be five acres.

b.

Minimum common open space shall be 25 percent of the total project land area.

c.

A minimum of 25 percent of project land area shall be developed as single-family detached dwellings.

d.

A maximum 25 percent of project land area may be developed for townhouses.

e.

A maximum of 25 percent of project land area may be developed for duplexes and multiple-family dwellings.

2)

PD-Business/Office District.

a.

Minimum overall project land area shall be five acres.

b.

Minimum common open space shall be 25 percent of the total project land area.

c.

Section 103.07.00 (Design guidelines and standards) of this UDC shall apply.

3)

PD-Mixed Use.

a.

Minimum overall project land area shall be five acres.

b.

Minimum common open space shall be 25 percent of the total project land area.

4)

PD-Traditional Neighborhood Development.

a.

Minimum overall project land area shall be five acres.

b.

Mix of uses. A mixture of uses consisting of a mix of residential uses and housing types, a community center, and open space is required.

i.

A community center may include a mix of mix of commercial/office, residential, civic or institutional, and open space uses, organized so that residential blocks are within approximately one-quarter-mile of the community center.

ii.

Commercial uses in the community center shall not exceed 6,000 square feet in size, but may be larger for specialty and bulk sales stores. In addition, active, pedestrian-oriented uses are desired such as neighborhood commercial uses (food services, retail uses and personal services).

iii.

Residential uses in the community center may include duplexes, townhouses, multiple-family dwellings (including senior housing), residential units located on upper floors above commercial/office uses or to the rear of storefronts, and "live/work" units.

iv.

Civic or institutional uses in the community center include, but are not limited to, municipal offices, fire stations, police precincts, libraries, museums, community meeting facilities, post offices, religious facilities, educational facilities, and transit shelters.

v.

Open space uses in the community center may include a central square, neighborhood park, and playground.

c.

Open space. A minimum of 25 percent of the overall project land area shall be common open space. Ninety percent of the lots within areas devoted to residential uses shall be within one-quarter-mile from common open space. Large outdoor recreation areas shall be located at the periphery of neighborhoods rather than central locations.

d.

Residential units. The number of residential dwelling units and the amount of nonresidential development (excluding open spaces) shall be determined as follows:

i.

In areas devoted to residential uses, the number of single-family detached units, duplexes and townhouses permitted may be five to eight dwelling units per net acre;

ii.

The number of multi-family units may be 15 to 40 dwelling units per net acre;

iii.

Accessory dwelling units shall be permissible in addition to the number of single-family detached dwelling units authorized under this section. However, the total number of accessory dwelling units shall not be more than ten percent of the total number of single-family attached and detached units.

e.

Community centers.

i.

In community center areas, the number of residential units permitted shall be calculated the same as above plus an additional number of units not to exceed ten percent of the amount permitted above.

ii.

All dwelling units constructed above commercial/office uses shall be permissible.

f.

Commercial space. The total ground floor area of nonresidential development uses, including off-street parking areas, shall not exceed 25 percent of the traditional neighborhood development.

g.

Lots and block standards.

i.

Street layouts should provide for development blocks that are generally in the range of 200 to 400 feet deep by 400 to 800 feet long. A variety of lot sizes should be provided that allow diverse housing choices.

ii.

Lot widths should create a relatively symmetrical street cross section that reinforces the public space of the street as a simple, unified public space.

h.

Building setbacks.

i.

Building setback, front—Community Center area. Structures in the Community Center area have no minimum setback. Commercial and civic or institutional buildings shall abut the sidewalks in the Community Center area.

ii.

Building setback, front—Residential. Single-family detached residences shall have a building setback in the front between zero and 25 feet. Single-family attached residences and multi-family residences shall have a building setback in the front between zero and 15 feet.

iii.

Building setback, rear—Residential. The principal building on lots devoted to single-family detached residences shall be setback no less than 30 feet from the rear lot line.

iv.

Side setbacks. Single-family detached residences shall be setback no less than five feet from the side lot line, with the exception that zero lot-line single-family dwellings may be accommodated by the use of fire-rated walls in accordance with applicable building codes.

i.

Building height. Buildings shall be no more than two and one-half stories, 40 feet for single-family residential, or four stories, 60 feet for commercial, multi-family residential, or mixed use.

j.

Building design guidelines.

i.

The architectural features, materials, and the articulation of a facade of a building shall be continued on all sides visible from a public street or courtyard.

ii.

The front façade of the principal building on any lot shall face onto a public street and shall not be oriented to face directly toward a parking lot.

iii.

Porches, pent roofs, roof overhangs, hooded front doors or other similar architectural elements shall define the front entrance to all residences.

iv.

For non-residential buildings, section 103.07.00 (Design guidelines and standards) of this UDC shall apply.

v.

New structures on opposite sides of the same street should follow similar design guidelines. This provision shall not apply to buildings bordering civic or institutional uses.

k.

Garages and accessory dwelling units. Garages and accessory dwelling units may be placed on a single-family detached residential lot within the principal building or an accessory building provided that the accessory dwelling unit shall not exceed 800 square feet.

l.

Circulation standards. The circulation system shall provide for different modes of transportation. The circulation system shall provide functional links within the residential areas, Community Center area, and open space and shall be connected to existing and proposed external development. The circulation system shall provide adequate traffic capacity, provide connected pedestrian and bicycle routes (especially off street bicycle or multi-use paths or bicycle lanes on the streets), limit access onto streets of lower traffic volume classification, and promote safe and efficient mobility through the district.

i.

Residential sidewalks. Clear and well-lighted sidewalks, five feet in width, depending on projected pedestrian traffic, shall connect all dwelling entrances to the adjacent public sidewalk.

ii.

Community Center sidewalks. Clear and well-lit walkways shall connect building entrances to the adjacent public sidewalk and to associated parking areas. Such walkways shall be a minimum of five feet in width.

iii.

Disabled accessibility. Sidewalks shall comply with the applicable requirements of the Americans with Disabilities Act.

iv.

Crosswalks. Intersections of sidewalks with streets shall be designed with clearly defined edges. Crosswalks shall be well lit and clearly marked with contrasting paving materials at the edges or with striping.

v.

Bicycles. Bicycle circulation shall be accommodated on streets and/or on dedicated bicycle paths. Where feasible, any existing bicycle routes through the site shall be preserved and enhanced. Facilities for bicycle travel may include off-street bicycle paths (generally shared with pedestrians and other non-motorized users) and separate, striped, four-feet bicycle lanes on streets. If a bicycle lane is combined with a lane for parking, the combined width shall be 14 feet.

vi.

Public transit access. Where public transit service is available or planned, convenient access to transit stops shall be provided. Where transit shelters are provided, they shall be placed in highly visible locations that promote security through surveillance, and shall be well-lighted.

vii.

Motor vehicle circulation. Motor vehicle circulation shall be designed to minimize conflicts with pedestrians and bicycles. Traffic calming features such as "queuing streets," curb extensions, traffic circles, and medians may be used to encourage slow traffic speeds.

m.

Street hierarchy and associated sidewalk requirements. Each street within a district shall be classified according to the following (arterial streets should not bisect a traditional neighborhood development):

i.

Collector. This street provides access to commercial or mixed-use buildings, but it is also part of the city's major street network. On-street parking, whether diagonal or parallel, helps to slow traffic. Additional parking is provided in lots to the side or rear of buildings. Sidewalks, a minimum of five feet in width, are required on both sides of the street.

ii.

Sub-collector. This street provides primary access to individual residential properties and connects streets of lower and higher function. Design speed is 25 mph. Sidewalks, a minimum of five feet in width, are required on both sides of the street.

iii.

Local street. This street provides primary access to individual residential properties. Traffic volumes are relatively low, with a design speed of 20 mph. Sidewalks, a minimum of five feet in width, are required on both sides of the street.

iv.

Alley. These streets provide secondary access to residential properties where street frontages are narrow, where the street is designed with a narrow width to provide limited on-street parking, or where alley access development is desired to increase residential densities. Alleys may also provide delivery access or alternate parking access to commercial properties.

n.

Street layout. The district shall maintain the existing street grid, where present, and restore any disrupted street grid where feasible. In addition:

i.

Intersections shall be at right angles whenever possible, but in no case less than 75 degrees. Low volume streets may form three-way intersections creating an inherent right-of-way assignment (the through street receives precedence), which significantly reduces accidents without the use of traffic controls.

ii.

Corner radii. The roadway edge at street intersections shall be rounded by a tangential arc with a maximum radius of 15 feet for local streets and 20 feet for intersections involving collector or arterial streets. The intersection of a local street and an access lane or alley shall be rounded by a tangential arc with a maximum radius of 10 feet.

iii.

Curb cuts. Curb cuts for driveways to individual residential lots shall be prohibited along arterial streets. Curb cuts shall be limited to intersections with other streets or access drives to parking areas for commercial, civic or multi-family residential uses.

iv.

Clear sight triangles shall be maintained at intersections, as specified below, unless controlled by traffic signal devices:

o.

Street orientation.

i.

The orientation of streets should enhance the visual impact of common open spaces and prominent buildings and minimize street gradients.

ii.

All streets shall terminate at other streets or at public land, except local streets may terminate in stub streets when such streets act as connections to future phases of the development.

iii.

Local streets may terminate other than at other streets or public land when there is a connection to the pedestrian and bicycle path network at the terminus.

p.

Parking. Parking areas for shared or community use shall be encouraged. In addition:

i.

In the mixed-use area, any parking lot shall be located at the rear or side of a building.

ii.

A parking lot or garage may not be adjacent to or opposite a street intersection.

q.

Landscaping and screening standards. Overall composition and location of landscaping shall complement the scale of the development and its surroundings. In general, larger, well-placed contiguous planting areas shall be preferred to smaller, disconnected areas.

i.

General screening. Where required by this section, it shall be at least six feet in height, unless otherwise specified. Required screening shall be at least 50 percent opaque throughout the year. Required screening shall be satisfied by one or some combination of: a decorative fence not less than 50 percent opaque behind a continuous landscaped area, a masonry wall, or a hedge.

ii.

Street trees. A minimum of one deciduous canopy tree per 40 feet of street frontage, or fraction thereof, shall be required. Acceptable street trees are identified in table 103-11 (Canton Plant Palette) of this UDC. Trees can be clustered and do not need to be evenly spaced. No tree shall be planted closer than two feet from a public street or sidewalk. In those instances where trees are planted closer than five feet from a public street or sidewalk, either concrete or HDPE root barriers must be installed. Root barriers must be a minimum of 30 inches deep, but depending upon size, location and species of tree to be planted, the community development director may require the root barrier to be 36 inches to 42 inches deep. Alternative methods of root barriers may be considered at the discretion of the community development director. If placement of street trees within the right-of-way will interfere with utility lines, trees may be planted within the front yard setback adjacent to the sidewalk.

r.

Parking area landscaping and screening. All parking and loading areas fronting public streets or sidewalks, and all parking and loading areas abutting residential districts or uses, shall provide:

i.

A landscaped area at least five feet wide along the public street or sidewalk.

ii.

Screening at least four feet in height and not less than 50 percent opaque.

iii.

One tree for each 25 linear feet of parking lot frontage.

s.

Parking area interior landscaping.

i.

The corners of parking lots, "islands," and all other areas not used for parking or vehicular circulation shall be landscaped. Vegetation can include turf grass, native grasses or other perennial flowering plants, vines, shrubs or trees. Such spaces may include architectural features such as benches, kiosks or bicycle parking.

ii.

Specific planting requirements shall adhere to section 103.03.04 of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Property shall front an arterial roadway.

B.

Minimum lot size shall be 100 acres.

C.

Minimum setback for buildings shall be 500 feet from all property lines.

D.

Minimum setback for parking lots and access drives, when abutting residential zoning districts shall be 500 feet.

E.

Minimum buffer shall be 500 feet on all sides.

F.

Outdoor lighting shall not shine or cause glare on any abutting property.

G.

Hours of operation shall be no sooner than 8:00 a.m. and no later than 10:00 p.m.

H.

Loudspeakers or paging systems shall be designed, installed and used such that they are not heard at the property line of adjacent properties.

I.

Outside storage, loading areas, refuse and solid waste containers, and sanitation facilities shall be screened from view from adjacent properties and from the public right-of-way and shall be setback a minimum of 100 feet from all property lines.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Buildings shall be located not less than 50 feet from any street and not less than 50 feet from all property lines.

B.

If adjacent to residential zoned property, a buffer of at least 50 feet wide shall be provided along the property lines adjacent to said zoning.

C.

Outdoor activity or recreational areas shall be no closer than 75 feet from any property zoned or used for residential purposes. Outdoor lighting shall be directed and shielded to avoid illumination of properties used or zoned for residential purposes and shall be turned off not later than 9:00 p.m.

D.

Accessory uses may be provided in accordance with section 104.02.04 (Uses accessory to religious facilities).

(Ord. No. 2014-18, § 2, 8-21-2014)

A minimum of one trash receptacle shall be placed adjacent to the drive-through lane(s). The trash receptacle shall be accessible to, and for the use by, motorists utilizing the drive-through facility.

In the CBD (central business district), a restaurant with drive-through facility shall:

1.

Be part of a minimum three-acre mixed use site;

2.

Submit a master plan of the mixed use project for city council approval;

3.

Not be adjacent to residential use;

4.

Not utilize a back-lighted menu board sign;

5.

Provide ingress-egress area on site, no que area allowed to encroach into city street;

6.

Only operate the drive-through facility between the hours of 6:00 a.m. until 10:00 p.m.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2016-21, 9-15-2016)

A.

Purpose. It is the purpose of this Code section to regulate sexually oriented businesses in order to promote the health, safety, moral, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the city. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.

B.

Findings and rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the city council, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774(2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425(2002); City of Erie v. Pap's A.M., 529 U.S. 277(2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41(1986), Young v. American Mini Theatres, 427 U.S. 50(1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560(1991); California v. LaRue, 409 U.S. 109(1972); and Artistic Entertainment, Inc. v. City of Warner Robins, 331 F.3d 1196(11th Cir. 2003); Artistic Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306(11th Cir. 2000); Williams v. Pryor, 240 F.3d 944(11th Cir. 2001); Williams v. A.G. of Alabama, 378 F.3d 1232(11th Cir. 2004); Gary v. City of Warner Robins, 311 F.3d 1334(11th Cir. 2002); Ward v. County of Orange, 217 F.3d 1350(11th Cir. 2000); Boss Capital, Inc. v. City of Casselberry, 187 F.3d 1251(11th Cir. 1999); David Vincent, Inc. v. Broward County, 200 F.3d 1325(11th Cir. 2000); Sammy's of Mobile, Ltd. v. City of Mobile, 140 F.3d 993(11th Cir. 1998); Lady J. Lingerie, Inc. v. City of Jacksonville, 176 F.3d 1358(11th Cir. 1999); This That And The Other Gift and Tobacco, Inc. v. Cobb County, 285 F.3d 1319(11th Cir. 2002); DLS, Inc. v. City of Chattanooga, 107 F.3d 403(6th Cir. 1997); Grand Faloon Tavern, Inc. v. Wicker, 670 F.2d 943(11th Cir. 1982); International Food and Beverage Systems v. Ft. Lauderdale, 794 F.2d 1520(11th Cir. 1986); Gammoh v. City of La Habra, 395 F.3d 1114(9th Cir. 2005); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186(9th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702(7th Cir. 2003); and Fairfax MK, Inc. v. City of Clarkston, 274 Ga. 520(2001); Morrison v. State, 272 Ga. 129(2000); Sewell v. Georgia, 233 S.E.2d 187(Ga. 1977), dismissed for want of a substantial federal question, 435 U.S. 982(1978)(sexual devices); Flippen Alliance for Community Empowerment, Inc. v. Brannan, 601 S.E.2d 106(Ga. Ct. App. 2004); Oasis Goodtime Emporium I, Inc. v. DeKalb County, 272 Ga. 887(2000); Chamblee Visuals, LLC v. City of Chamblee, 270 Ga. 33(1998); World Famous Dudley's Food and Spirits, Inc. v. City of College Park, 265 Ga. 618(1995); Airport Bookstore, Inc. v. Jackson, 242 Ga. 214(1978); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Austin, Texas—1986; Indianapolis, Indiana—1984; Garden Grove, California—1991; Houston, Texas—1983, 1997; Phoenix, Arizona—1979, 1995-98; Chattanooga, Tennessee—1999-2003; Los Angeles, California—1977; Whittier, California—1978; Spokane, Washington—2001; St. Cloud, Minnesota—1994; Littleton, Colorado—2004; Oklahoma City, Oklahoma—1986; Dallas, Texas—1997; Greensboro, North Carolina—2003; Amarillo, Texas—1977; New York, New York Times Square—1994; and the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the city council finds:

1)

Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation.

2)

Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one area.

3)

Each of the foregoing negative secondary effects constitutes a harm which the city has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the city's rationale for this section, exists independent of any comparative analysis between sexually oriented and nonsexually oriented businesses. Additionally, the city's interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the city. The city finds that the cases and documentation relied on in this section are reasonably believed to be relevant to said secondary effects.

C.

Classification. The classifications for sexually oriented businesses shall be as follows:

1)

Adult bookstore or adult video store;

2)

Adult cabaret;

3)

Adult theater;

4)

Seminude model studio;

5)

Sexual device shop;

6)

Sexual encounter center.

D.

License required.

1)

Business license. It shall be unlawful for any person to operate a sexually oriented business in the city without a valid sexually oriented business license.

2)

Employee license. It shall be unlawful for any person to be an employee, as defined in this UDC, of a sexually oriented business in the city without a valid sexually oriented business employee license, except that a person who is a licensee under a valid sexually oriented business license shall not be required to also obtain a sexually oriented business employee license.

3)

Application. An applicant for a sexually oriented business license or a sexually oriented business employee license shall file in person at the community development department a completed application made on a form provided by the city. A sexually oriented business may designate an individual with an influential interest in the business to file its application for a sexually oriented business license in person on behalf of the business. The application shall be signed as required by subsection D.4 below and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in this subsection, accompanied by the appropriate licensing fee:

a.

The applicant's full legal name and any other names used by the applicant in the preceding five years.

b.

Current business address or another mailing address for the applicant.

c.

Written proof of age, in the form of a driver's license or a copy of a birth certificate, accompanied by a picture identification document issued by a governmental agency.

d.

If the application is for a sexually oriented business license, the business name, location, legal description, mailing address and phone number of the sexually oriented business.

e.

If the application is for a sexually oriented business license, the name and business address of the statutory agent or other agent authorized to receive service of process.

f.

A statement of whether an applicant has been convicted of or has pled guilty or nolo contendere to a specified criminal activity as defined in this UDC, and if so, each specified criminal activity involved, including the date, place, and jurisdiction of each as well as the dates of conviction and release from confinement, where applicable.

g.

A statement of whether any sexually oriented business in which an applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest): Been declared by a court of law to be a nuisance; or, been subject to a court order of closure or padlocking.

h.

An application for a sexually oriented business license shall be accompanied by a legal description of the property where the business is located and a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who are required to comply with the stage, booth, and/or room configuration requirements of this section shall submit a diagram indicating that the setup and configuration of the premises meets the requirements of the applicable regulations.

i.

The information provided pursuant to this subsection shall be supplemented in writing by certified mail, return receipt requested, to the community development director within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.

4)

Signature. A person who seeks a sexually oriented business employee license under this section shall sign the application for a license. If a person who seeks a sexually oriented business license under this section is an individual, he shall sign the application for a license as applicant. If a person who seeks a sexually oriented business license is other than an individual, each person with an influential interest in the sexually oriented business or in a legal entity that controls the sexually oriented business shall sign the application for a license as applicant. Each applicant must be qualified under this section and each applicant shall be considered a licensee if a license is granted.

5)

Confidentiality; disclosure. The information provided by an applicant in connection with an application for a license under this section shall be maintained by the community development department on a confidential basis, and such information may be disclosed only as may be required, and only to the extent required, by court order.

E.

Issuance of license.

1)

Business license. Upon the filing of a completed application for a sexually oriented business license, the community development director shall immediately issue a temporary license to the applicant if the completed application is from a preexisting sexually oriented business that is lawfully operating in the city and the completed application, on its face, indicates that the applicant is entitled to an annual sexually oriented business license. The temporary license shall expire upon the final decision of the city to deny or grant an annual license. Within 20 days of the filing of a completed sexually oriented business license application, the community development director shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The community development director shall issue a license unless:

a.

An applicant is less than 18 years of age.

b.

An applicant has failed to provide information required by this section for issuance of a license or has falsely answered a question or request for information on the application form.

c.

The license application fee required by this section has not been paid.

d.

The sexually oriented business is not in compliance with the interior configuration requirements of this section or is not in compliance with locational requirements of this section or the locational requirements of any other part of this UDC, the Canton Code of Ordinances, or Georgia law.

e.

Any sexually oriented business in which the applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest): Been declared by a court of law to be a nuisance; or, been subject to an order of closure or padlocking.

f.

An applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this UDC.

2)

Employee license. Upon the filing of a completed application for a sexually oriented business employee license, the community development director shall immediately issue a temporary license to the applicant if the applicant seeks licensure to work in a licensed sexually oriented business and the completed application, on its face, indicates that the applicant is entitled to an annual sexually oriented business employee license. The temporary license shall expire upon the final decision of the city to deny or grant an annual license. Within 20 days of the filing of a completed sexually oriented business employee license application, the community development director shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The community development director shall issue a license unless:

a.

The applicant is less than 18 years of age.

b.

The applicant has failed to provide information as required by this section for issuance of a license or has falsely answered a question or request for information on the application form.

c.

The license application fee required by this section has not been paid.

d.

Any sexually oriented business in which the applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest): Been declared by a court of law to be a nuisance; or, been subject to an order of closure or padlocking.

3)

The applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this UDC.

F.

License information; posting. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee(s), the expiration date, and, if the license is for a sexually oriented business, the address of the sexually oriented business. The sexually oriented business license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be read at any time that the business is occupied by patrons or is open to the public. A sexually oriented business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing.

G.

Fees. The initial license and annual renewal fees for sexually oriented business licenses and sexually oriented business employee licenses shall established by city council.

H.

Inspection. Sexually oriented businesses and sexually oriented business employees shall permit the community development director and his or her agents to inspect, from time to time on an occasional basis, the portions of the sexually oriented business premises where patrons are permitted, for the purpose of ensuring compliance with the specific regulations of this section, during those times when the sexually oriented business is occupied by patrons or is open to the public. This section shall be narrowly construed by the city to authorize reasonable inspections of the licensed premises pursuant to this section, but not to authorize a harassing or excessive pattern of inspections.

I.

Expiration and renewal of license.

1)

Each license shall remain valid for a period of one calendar year from the date of issuance unless otherwise suspended or revoked. Such license may be renewed only by making application and payment of a fee as provided in this section.

2)

Application for renewal of an annual license should be made at least 90 days before the expiration date of the current annual license, and when made less than 90 days before the expiration date, the expiration of the current license will not be affected.

J.

Suspension.

1)

The community development director shall issue a written notice of intent to suspend a sexually oriented business license for a period not to exceed 30 days if the sexually oriented business licensee has knowingly violated this section or has knowingly allowed an employee to violate this section.

2)

The community development director shall issue a written notice of intent to suspend a sexually oriented business employee license if the employee has knowingly violated this section.

K.

Revocation.

1)

The community development director shall issue a written notice of intent to revoke a sexually oriented business license or a sexually oriented business employee license, as applicable, if the licensee violates this UDC or has allowed an employee to violate this UDC and a suspension of the licensee's license has become effective within the previous 12-month period.

2)

The community development director shall issue a written notice of intent to revoke a sexually oriented business license or a sexually oriented business employee license, as applicable, if:

a.

The licensee has given false information in the application for the sexually oriented business license or the sexually oriented business employee license.

b.

The licensee has engaged in or allowed possession, use, or sale of controlled substances on the premises of the sexually oriented business;

c.

The licensee has engaged in or allowed prostitution on the premises of the sexually oriented business;

d.

The licensee operated the sexually oriented business during a period of time when the license was finally suspended or revoked; or

e.

The licensee has engaged in or allowed any specified sexual activity to occur in or on the premises of the sexually oriented business.

3)

The fact that any relevant conviction is being appealed shall have no effect on the revocation of the license, provided that, if any conviction which serves as a basis of a license revocation is overturned or reversed on appeal, that conviction shall be treated as null and of no effect for revocation purposes.

4)

When, after the notice and hearing procedure described in this section, city Council revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license or sexually oriented business employee license for one year from the date revocation becomes effective.

L.

Hearing; denial, revocation, and suspension; appeal.

1)

When the community development director issues a written notice of intent to deny, suspend, or revoke a license, the community development director shall immediately send such notice, which shall include the specific grounds under this section for such action, to the applicant or licensee (respondent) by personal delivery or certified mail. The notice shall be directed to the most current business address or other mailing address on file with the community development director for the respondent. The notice shall specify a date, not less than ten days nor more than 20 days after the date the notice is issued, on which the hearing officer shall conduct a hearing on the community development director's written notice of intent to deny, suspend, or revoke the license.

2)

At the hearing, the respondent shall have the opportunity to present all of respondent's arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross-examine any of the community development director's witnesses. The community development director shall also be represented by counsel, and shall bear the burden of proving the grounds for denying, suspending, or revoking the license. The hearing shall take no longer than two days, unless extended at the request of the respondent to meet the requirements of due process and proper administration of justice. The hearing officer shall issue a written decision, including specific reasons for the decision pursuant to this section, to the respondent within five days after the hearing.

3)

If the decision is to deny, suspend, or revoke the license, the decision shall not become effective until the tenth day after it is rendered, and the decision shall include a statement advising the respondent of the right to appeal such decision to a court of competent jurisdiction. If the hearing officer's decision finds that no grounds exist for denial, suspension, or revocation of the license, the hearing officer shall, contemporaneously with the issuance of the decision, order the community development director to immediately withdraw the intent to deny, suspend, or revoke the license and to notify the respondent in writing by certified mail of such action. If the respondent is not yet licensed, community development director shall contemporaneously therewith issue the license to the applicant.

4)

If any court action challenging the decision of the hearing officer is initiated, the city shall prepare and transmit to the court a transcript of the hearing within ten days after receiving written notice of the filing of the court action. The city shall consent to expedited briefing and/or disposition of the action, shall comply with any expedited schedule set by the court, and shall facilitate prompt judicial review of the proceedings.

5)

The following shall apply to any sexually oriented business that is lawfully operating as a sexually oriented business, or any sexually oriented business employee that is lawfully employed as a sexually oriented business employee, on the date on which the completed business or employee application, as applicable, is filed with the community development director: Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the city's denial, suspension, or revocation decision, the community development director shall immediately issue the respondent a provisional license. The provisional license shall allow the respondent to continue operation of the sexually oriented business or to continue employment as a sexually oriented business employee and will expire upon the court's entry of a judgment on the respondent's appeal or other action to restrain or otherwise enjoin the city's final administrative decision. The provisional license shall not be construed to provide the applicant with any substantive right, entitlement, or claim of estoppel beyond the ability to operate until the court enters judgment on the respondent's appeal or other action to restrain or otherwise enjoin the city's final administrative decision.

M.

Transfer of license. A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the sexually oriented business license application.

N.

Hours of operation. No sexually oriented business shall be or remain open for business between 12:00 midnight and 6:00 a.m. on any day.

O.

Regulations pertaining to exhibition of sexually explicit films or videos. A person who operates or causes to be operated a sexually oriented business which exhibits in a booth or viewing room on the premises, through any mechanical or electronic image-producing device, a film, video cassette, digital video disc, or other video reproduction characterized by an emphasis on the display of specified sexual activities or specified anatomical areas shall comply with the following requirements:

1)

Each application for a sexually oriented business license shall contain a diagram of the premises showing the location of all operator's stations, booths or viewing rooms, overhead lighting fixtures, and restrooms, and shall designate all portions of the premises in which patrons will not be permitted. Restrooms shall not contain equipment for displaying films, video cassettes, digital video discs, or other video reproductions. The diagram shall also designate the place at which the license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. Community development director may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

2)

It shall be the duty of the operator, and of any employees present on the premises, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.

3)

The interior premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five-foot candles as measured at the floor level. It shall be the duty of the operator, and of any employees present on the premises, to ensure that the illumination described above is maintained at all times that the premises is occupied by patrons or open for business.

4)

It shall be the duty of the operator, and of any employees present on the premises, to ensure that no sexual activity occurs in or on the licensed premises.

5)

It shall be the duty of the operator to post conspicuous signs in well-lighted entry areas of the business stating all of the following:

a.

That the occupancy of viewing rooms less than 150 square feet is limited to one person.

b.

That sexual activity on the premises is prohibited.

c.

That the making of openings between viewing rooms is prohibited.

d.

That violators will be required to leave the premises.

e.

That violations of these regulations are unlawful.

6)

It shall be the duty of the operator to enforce the regulations articulated in subsection O.5 above.

7)

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a operator's station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. An operator's station shall not exceed 32 square feet of floor area. If the premises has two or more operator's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the operator's stations. The view required in this paragraph must be by direct line of sight from the operator's station. It is the duty of the operator to ensure that at least one employee is on duty and situated in each operator's station at all times that any patron is on the premises. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this paragraph remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.

8)

It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.

P.

Loitering, exterior lighting, visibility, and monitoring requirements.

1)

It shall be the duty of the operator of a sexually oriented business to:

a.

Post conspicuous signs stating that no loitering is permitted on such property;

b.

Designate one or more employees to monitor the activities of persons on such property by visually inspecting such property at least once every 90 minutes or inspecting such property by use of video cameras and monitors; and

c.

Provide lighting of the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. If used, video cameras and monitors shall operate continuously at all times that the premises are open for business. The monitors shall be installed within an operator's station.

2)

It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.

3)

No sexually oriented business shall erect a fence, wall, or other barrier that prevents any portion of the parking lot(s) for the establishment from being visible from a public right-of-way.

Q.

Penalties and enforcement.

1)

A person who knowingly violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this section shall, upon conviction, be punished by fines not to exceed $1,000.00 per violation, or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day a violation is committed, or permitted to continue, shall constitute a separate offense and shall be punished as such.

2)

The city's legal counsel is hereby authorized to institute civil proceedings necessary for the enforcement of this section to prosecute, restrain, or correct violations hereof. Such proceedings, including injunction, shall be brought in the name of the city, provided, however, that nothing in this section and no action taken hereunder, shall be held to exclude such criminal or administrative proceedings as may be authorized by other provisions of this section, or any of the laws in force in the city or to exempt anyone violating this section or any part of the said laws from any penalty which may be incurred.

R.

Applicability of section to existing businesses. All existing sexually oriented businesses and sexually oriented business employees are hereby granted a de facto temporary license to continue operation or employment for a period of 90 days following the effective date of this UDC. By the end of said 90 days, all sexually oriented businesses and sexually oriented business employees must conform to and abide by the requirements of this section.

S.

Prohibited conduct.

1)

It is unlawful for a sexually oriented business licensee to violate the following regulations or to allow an employee or any other person to violate the following regulations:

a.

It shall be a violation of this section for a person to, in a sexually oriented business, appear in a nude condition unless the person is an employee who, while nude, remains at least six feet from any patron or customer and on a stage at least 18 inches from the floor in a room of at least 1,000 square feet.

b.

It shall be a violation of this section for a person to, in a sexually oriented business, appear in a seminude condition unless the person is an employee who, while seminude, remains at least six feet from any patron or customer and on a stage at least 18 inches from the floor in a room of at least 1,000 square feet.

c.

It shall be a violation of this section for any employee who regularly appears seminude in a sexually oriented business to touch a customer or the clothing of a customer on the premises of a sexually oriented business.

d.

It shall be a violation of this section for any person to sell, use, or consume alcoholic beverages on the premises of a sexually oriented business.

e.

It shall be a violation of this section for any person to allow a person under the age of 18 years on the premises of a sexually oriented business.

2)

A sign in a form to be prescribed by the community development director, and summarizing the provisions of subsection S.1 above, shall be posted near the entrance of the sexually oriented business in such a manner as to be clearly visible to patrons upon entry.

T.

Scienter required to prove violation or business licensee liability. This section does not impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing of a knowing or reckless mental state is necessary to establish a violation of a provision of this section. Notwithstanding anything to the contrary, for the purposes of this section, an act by an employee that constitutes grounds for suspension or revocation of that employee's license shall be imputed to the sexually oriented business licensee for purposes of finding a violation of this section, or for purposes of license denial, suspension, or revocation, only if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises, knowingly or recklessly allowed such act to occur on the premises. It shall be a defense to liability that the person to whom liability is imputed was powerless to prevent the act.

U.

Failure of city to meet deadline not to risk applicant/licensee rights. In the event that a city official is required to act or to do a thing pursuant to this section within a prescribed time, and fails to act or to do such thing within the time prescribed, said failure shall not prevent the exercise of constitutional rights of an applicant or licensee. If the act required of the city official under this section, and not completed in the time prescribed, includes approval of condition(s) necessary for approval by the city of an applicant or licensee's application for sexually oriented business license or a sexually oriented business employee's license (including a renewal), the license shall be deemed granted and the business or employee allowed to commence operations or employment the day after the deadline for the city's action has passed.

V.

Location of sexually oriented businesses.

1)

It shall be unlawful to establish, operate, or cause to be operated a sexually oriented business in the city, unless said sexually oriented business is at least:

a.

One thousand feet from any parcel occupied by another sexually oriented business or by a business licensed by the state to sell alcohol on the premises; and

b.

One thousand feet from any parcel occupied by a religious facility, public or private elementary or secondary school, public park, any residential structure or any property zoned for residential purposes.

2)

For the purpose of this subsection, measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the closest point on a boundary line of the sexually oriented business parcel to the closest point on a boundary line of any parcel occupied by a religious facility, public or private elementary or secondary school, public park, any residential structure, any property zoned for residential purposes, another sexually oriented business, or a business licensed by the State of Georgia to sell alcohol on the premises.

W.

Nonconformity.

1)

Notwithstanding anything to the contrary in this UDC or Canton Code of Ordinances, a nonconforming sexually oriented business, lawfully existing in all respects under law prior to the effective date of this UDC, may continue to operate for one year following that date in order to make a reasonable recoupment of its investment in its current location. At the conclusion of said one year, the use will no longer be recognized as a lawful nonconforming use, except that a nonconforming sexually oriented business may obtain an extension of the original one-year period upon a showing of financial hardship. An application for an extension based upon financial hardship ("hardship exception") shall be made at least 60 days before the conclusion of the aforementioned one-year period.

2)

An application for a hardship extension shall be filed in writing with the community development director, and shall include evidence of purchase and improvement costs, income earned and lost, depreciation, appraised value of the property and/or leasehold interests, and costs of relocation. Within ten days after receiving the application, the community development director shall schedule a hearing on the application before the hearing officer, which hearing shall be conducted within 30 days after the community development director is in receipt of the application. Notice of the time and place of such hearing shall be provided to the applicant via certified mail at least ten days before the hearing. At the hearing, all parties shall have the right to offer testimony, documentary and tangible evidence bearing on the issues; may be represented by counsel, and shall have the right to confront and cross-examine witnesses. The hearing officer shall issue a written decision within ten days after the hearing on the application for a hardship extension. The hardship extension shall be granted upon a showing of financial hardship. Such a showing shall be established if the hearing officer makes the following findings:

a.

The applicant has, prior to the effective date of this section, made a substantial investment, including, but not limited to, lease obligations incurred in an arms-length transaction, in the property or structure on or in which the nonconforming use is conducted;

b.

The applicant will be unable to recoup said investment as of the date established for termination of the use; and

c.

The applicant has made good-faith efforts to recoup the investment prior to the conclusion of the one-year period.

d.

Any extension granted under the provisions of this subsection shall be for a reasonable period of time commensurate with the investment involved.

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

A.

Property shall front an arterial street.

B.

Minimum building and storage areas setbacks shall be 100 feet from any side or rear property line.

C.

Emergency vehicle entrances shall not face residentially zoned properties.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Minimum lot size shall be 20 acres.

B.

Minimum setback for buildings, parking lots and access drives when abutting residential zoning districts shall be 200 feet.

C.

Minimum setback for buildings when abutting non-residential zoning districts shall be 100 feet.

D.

Parking lot design shall include paved aisles and pervious parking space materials as approved by the community development director.

E.

Property shall front a major arterial road.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Storage facilities are a non-residential building, portion of a building, or group of buildings.

1)

Exterior unit access: An exterior unit access storage facility generally consists of a long, single-story, simplified building with roll-up doors and direct drive up access to conventional outside units.

2)

Interior unit access: An interior unit access storage facility consists of a building with all units contained within that building and all units having an access door from an interior hallway.

B.

Exterior unit access storage facilities shall be constructed to no greater than 180 feet in length on any given side of the building. Exterior unit access storage facilities shall provide a minimum 24-foot wide drive aisle.

C.

Storage facilities shall be limited to the rental of storage units and the pick-up and deposit of goods or property in dead storage, with the exception that moving truck rentals and moving equipment (e.g. boxes, dollies, blankets) sale or rental are permissible.

D.

Storage units shall not be used to manufacture, fabricate or process goods; conduct servicing or repair; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity.

E.

Individual storage units shall not have electrical outlets except ceiling light fixtures and necessary switches.

F.

The maximum gross floor area of an individual storage unit shall be 340 square feet.

G.

Individual storage units or private postal boxes within a self-service storage facility shall not be considered premises for assigning a legal address in order to obtain a business license or other governmental permit or license to do business; nor as a legal address for residential purposes.

H.

The following materials shall not be stored in any self-service storage unit. Each lessee shall be required to sign a written statement certifying that none of the following will be stored in the unit leased by that individual or corporation:

1)

Hazardous materials;

2)

Flammable and combustible liquids;

3)

Explosives; and

4)

Black powder and smokeless propellants.

I.

All property stored on the premises shall be entirely within an enclosed building. No exterior storage of any item shall be permitted.

J.

Storage shall not occur in required parking spaces, drives, parking lanes nor within required building setback areas.

K.

No vehicle maintenance, washing or repair shall be permitted.

L.

One caretaker or security guard dwelling is permitted on the premises. Maximum gross floor area permitted for residential use shall be 1,200 square feet.

M.

Floor area within the rental or leasing office or other subdivided tenant unit, which is devoted to uses other than the rental of storage units, shall be provided with additional parking spaces, at a ratio of one per 200 square feet of gross floor area.

N.

Storage unit doors shall be screened from view and shall not be visible from any street.

O.

Storage facilities shall provide a minimum 25-foot landscape buffer along all property lines.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2019-0117-04, 1-17-2019)

Any motor vehicle repair business or motor vehicle storage yard doing business within the city shall construct and maintain a screening fence or enclosure to conceal from public view such motor vehicles stored or accumulated on its place of business.

A.

Such screening fence or enclosure shall be a minimum of six feet in height and shall be made of either wood, metal, shrubbery, trees or other appropriate means, so that the enclosure is opaque and prevents visibility of the storage yard from the public right-of-way.

B.

Such screening fence or enclosure shall not be within five feet of any public street or right-of-way unless approved by the community development director.

C.

A written plan including the design and installation of the screening fence or enclosure shall be subject to approval by the community development director prior to installation.

D.

Such screening fence or enclosure shall be subject to inspection by the community development director for proper installation and maintenance to ensure compliance with this section.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Purpose. This section is designed and intended to balance the interests of the city's residents, telecommunications providers and telecommunications customers in the siting of wireless telecommunications facilities within the city so as to protect the health, safety and integrity of residential neighborhoods and foster, through appropriate zoning and land use controls, a competitive environment for telecommunications carriers that does not unreasonably discriminate among providers of functionally equivalent personal wireless services and shall not prohibit or have the effect of prohibiting the provision of personal wireless services and so as to promote the city as a proactive city in the availability of personal wireless telecommunications service. To that end, this section shall:

1)

Provide for the appropriate location and development of telecommunications facilities in the city.

2)

Protect the city's built and natural environment by promoting compatible design standards for telecommunications facilities.

3)

Minimize adverse visual impacts of telecommunications facilities through careful design, siting, landscape screening and innovative camouflaging techniques.

4)

Avoid potential damage to adjacent properties from tower or antenna failure through engineering and careful siting of telecommunications tower structures and antennas.

5)

Maximize use of any new and existing telecommunications towers so as to minimize the need to construct new towers and minimize the total number of towers throughout the city.

6)

Maximize and encourage use of alternative telecommunications tower structures as a primary option rather than construction of additional single-use towers.

7)

Encourage and promote the location of new wireless telecommunications facilities in areas which are not zoned for residential use.

B.

Overall policy and desired goals for telecommunications facilities. In order to ensure that the placement, construction, and modification of wireless telecommunications facilities protects the health, safety, public welfare, environmental features, the nature and character of the community and neighborhood and other aspects of the quality of life specifically listed elsewhere in this section, the city adopts an overall policy with respect to granting a conditional use permit (CUP) for wireless telecommunications facilities for the express purpose of achieving the following goals:

1)

Requiring a CUP in accordance with requirements of this section for any new wireless telecommunications facility.

2)

Requiring a permit (not a CUP) in accordance with requirements of this section for any new collocation or modification of a wireless telecommunications facility.

3)

Promoting and encouraging, wherever possible, the sharing and/or collocation of wireless telecommunications facilities among service providers.

4)

Requiring, promoting and encouraging, wherever possible, the placement, height and quantity of wireless telecommunications facilities in such a manner, including but not limited to the use of stealth technology, to minimize adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.

5)

In granting a CUP, the city has found that the facility shall be in the most appropriate site as regards being the least visually intrusive among those available in the city.

C.

Exceptions from a conditional use permit for wireless telecommunications facilities.

1)

Notwithstanding anything to the contrary in this section, wireless telecommunications facilities that existed on or before the effective date of this UDC shall be allowed to continue as they presently exist, provided however, that any visible modification or substantial change (as defined in this UDC) of an existing wireless telecommunications facility will require the complete facility, including the tower if applicable, and any new installation to comply with this section, as will anything changing the structural load.

2)

Any repair and maintenance of a wireless facility not requiring additional construction or site modification does not require an application for a CUP.

3)

Notwithstanding any other provisions of this section, the collocation and/or shared use of antennas on existing telecommunication towers or other tall structures or compatible use structures, such as water towers and other towers, that are proven by an applicant to be structurally adequate to accommodate the collocation shall be exempt from the public hearing requirement otherwise required for a tower, and shall be subject only to administrative review by the community development director.

D.

Exclusions. The following shall be exempt from this section:

1)

Public service facilities owned and operated by the City of Canton.

2)

Any facilities expressly exempt from the city's siting, building and permitting authority.

3)

Any facilities that are exempted from local regulation by the Federal Communications Commission.

E.

Location of wireless telecommunications facilities.

1)

Applicants for wireless telecommunications facilities shall locate, site and erect said wireless telecommunications facilities in accordance with the following priorities, "a" being the highest priority and "d" being the lowest priority.

a.

On existing towers or other structures without increasing the height of the tower or structure.

b.

On properties in areas zoned L-I and SU.

c.

On properties in areas zoned GC and O-I.

d.

On properties zoned NC and PD—Business/office.

e.

On properties zoned CBD and RM-15.

2)

If the proposed site is not proposed for the highest priority listed above, then a detailed explanation and justification must be provided as to why a site of any higher priority designations was not selected. The applicant seeking a CUP must satisfactorily demonstrate the reason or reasons why the proposed site was chosen and the reasons why higher priority locations were deemed unfit or undesirable.

3)

An applicant may not bypass sites of higher priority by stating the site proposed is the only site leased or selected or because there is an existing lease with a landowner. An application shall address collocation as an option. If such option is not proposed, the applicant must explain to the reasonable satisfaction of the community development director why collocation is commercially impracticable or otherwise impracticable. Agreements between providers limiting or prohibiting collocation shall not be a valid basis for any claim of commercial impracticability or hardship.

4)

Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the city may disapprove an application for any of the following reasons:

a.

Conflict with safety and safety-related codes and requirements;

b.

Conflict with the historic nature or character of a neighborhood or district;

c.

The use or construction of wireless telecommunications facilities which is contrary to an already stated purpose of a specific zoning or land use designation;

d.

The placement and location of wireless telecommunications facilities which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the city, or employees of the service provider or other service providers;

e.

The placement and location of a wireless telecommunications facility would result in a conflict with, compromise in or change of the nature or character of the surrounding area;

f.

Conflicts with the provisions of this section;

g.

Failure to submit a complete application as required under this section.

F.

Preferred location sites.

1)

Collocation sites. Any existing wireless telecommunications towers currently in use shall be preferred location sites regardless of the underlying zoning designation of the site; provided, however, that locations which meet this criteria shall be subject to the design and siting components of this section, and collocation sites shall not become an "antenna farm" or otherwise be deemed by the community development director, and the site is not on a property zoned or used for residential purposes.

2)

Publicly used structures. Publicly used structures are preferred locations throughout the city because they appear in virtually all neighborhoods, are dispersed throughout the city, and due to their institutional or infrastructure uses are generally similar in appearance to or readily adaptable for telecommunications facilities. Therefore, telecommunications facilities should be less noticeable when placed on publicly used structures than when placed on commercial or residential structures. Publicly used structures include but are not limited to facilities such as police or fire stations, libraries, community centers, civic centers, courthouses, utility structures, water towers, elevated roadways, bridges, flagpoles, schools, hospitals, clock or bell towers, light poles and churches.

3)

Industrial and commercial structures. Wholly industrial and commercial structures such as warehouses, factories, retail outlets, supermarkets, banks, garages or service stations shall be preferred locations particularly where existing visual obstructions or clutter on the roof or along a roofline can and will be removed as part of the installation of the telecommunications facility.

G.

Collocation.

1)

The city, as opposed to the construction of a new tower, requires wireless facilities to be located on existing towers or other suitable structures without increasing the height of the tower or structure, unless such is proven to be technologically impracticable. The applicant shall submit a comprehensive report inventorying all existing towers and antenna, as well as suitable structures, inside the city limits and within one mile of the location of any proposed new tower.

2)

An applicant intending to locate on an existing tower or other suitable structure shall be required to document the intent of the existing owner to permit its use by the applicant.

3)

Such shared use shall consist only of the minimum antenna array technologically required to provide service primarily and essentially within the city, to the extent practicable, unless good cause is shown.

4)

The applicant and owner shall allow other future personal wireless service companies, including public and quasipublic agencies, using functionally equivalent personal wireless technology to collocate an antenna, equipment and facilities on a telecommunications facility unless specific technical constraints prohibit such collocation. The applicant and other personal wireless carriers shall provide a mechanism for the construction and maintenance of shared facilities and infrastructure and shall provide for equitable sharing of cost in accordance with industry standards.

H.

Nuisances. Wireless telecommunications facilities, including without limitation power source, ventilation and cooling, shall meet the following requirements:

1)

Shall be operated at all times within the limits of the city's noise control ordinance (chapter 30, City of Canton Code of Ordinances, Article II);

2)

Shall not be operated so as to cause the generation of heat that adversely affects a building occupant; and

3)

Shall not be maintained or operated in such a manner as to be a nuisance.

I.

Removal of antennas and towers.

1)

All wireless telecommunications facilities shall be maintained in compliance with standards contained in applicable building and technical codes so as to ensure the structural integrity of such facilities.

2)

If, upon inspection by the community development director, any such telecommunications facility is determined not to comply with the code standards or to constitute a danger to persons or property, upon notice being provided to the owner of the facility and the owner of the property if such owner is different, such owners shall have 30 days to bring such facility into compliance.

3)

If such telecommunications facility is not brought into compliance within 30 days, the city may provide notice to the owner requiring the telecommunications facility to be removed. If such telecommunications facility is not removed within 30 days of receipt of such notice, it shall be considered a nuisance, and the city may proceed under the nuisance abatement procedures to remove such facility and place a lien upon the property for the costs of removal.

4)

Delay by the city in taking action shall not in any way waive the city's right to take action. The city may pursue all legal remedies available to it to ensure that telecommunications facilities not in compliance with the code standards or which constitute a danger to persons or property are brought into compliance or removed. The city may seek to have the telecommunications facility removed regardless of the owner's or operator's intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.

J.

Abandoned facilities. Any telecommunications facility that is not operated for a continuous period of 12 months shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it.

1)

The owner of a telecommunications facility and the owner of the property where the facility is located shall be under a duty to remove the abandoned telecommunications facility.

2)

If such antenna and/or tower is not removed within 60 days of receipt of notice from the city notifying the owner of such abandonment, it shall be considered a nuisance, and the city may proceed under the nuisance abatement procedures to remove such tower and/or antenna and place a lien upon the property for the costs of removal.

3)

The city may pursue all legal remedies available to it to ensure that abandoned telecommunications facilities are removed.

4)

Delay by the city in taking action shall not in any way waive the city's right to take action. The city may seek to have the telecommunications facility removed regardless of the owner's or operator's intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.

5)

If the owner of an abandoned tower or antenna wishes to use such abandoned tower or antenna, the owner first must apply for and receive all applicable permits and meet all of the conditions of this section as if such tower or antenna were a new tower or antenna.

K.

Penalty for violation.

1)

Any person who attempts to erect or who erects a telecommunications facility covered by this section without having first obtained the necessary building permit, conditional use permit or variance in the manner provided in this UDC shall be deemed in violation of this section.

2)

If any structure is erected, constructed, reconstructed, altered, repaired, converted or maintained in violation of this section or without obtaining the required permits or if any building, structure or land is used in violation of this section, the city attorney, in addition to any other remedies, may institute proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate such violation. Each and every day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues may be deemed a separate offense.

L.

Permit procedures. Application for a site approval or CUP for any telecommunications facility shall be made to the community development director by the person who will own and operate the telecommunications facility. The information in this subsection shall be submitted when applying for any site approval, CUP or other permit or variance included in this section and must be submitted for an application to be considered complete.

1)

Review process.

a.

Within 150 calendar days of the date an application for a new wireless telecommunication facility is filed with the community development department, unless another date is specified in a written agreement between the community development director and the applicant, the City of Canton shall:

i.

Make its final decision to approve or disapprove the application; and

ii.

Advise the applicant in writing of its final decision.

b.

Within 30 calendar days of the date an application for a new wireless telecommunication facility is filed with the community development department, said department shall determine if it is a complete application and, if it determines the application is not a complete application, notify the applicant in writing of any information required to complete such application. To the extent additional information is required to complete the application, the time required by the applicant to provide such information shall not be counted toward the calendar day review period set forth in subsection a. above.

c.

See subsection L.6 below for the review process for applications that do not require a CUP.

2)

Basic information. Basic information required on the application for site approval, a conditional use permit or other permit or variance required under this section shall be as follows:

a.

Site plan to scale specifying the location of telecommunications facilities, transmission building and/or other accessory uses, access, parking, fences, landscaped areas and adjacent land uses. Applicants shall submit both a paper location map and a digitized location map in a format compatible with the GIS software currently utilized by the city.

b.

Landscape plan to scale indicating size, spacing and type of plantings required in chapter 103 of this UDC, and conforming to the requirements as specified in this UDC.

c.

A full description of the environment surrounding the proposed telecommunications facility, including any adjacent residential structures and districts, structures and sites of historic significance, streetscapes or scenic view corridors.

d.

A description of anticipated maintenance needs for the telecommunications facility, including frequency of service; personnel needs; equipment needs; and traffic, noise or safety impacts of such maintenance.

3)

In addition, to subsection L.2 above, a report from a qualified, independent engineer licensed in the state shall be submitted documenting the following:

a.

Telecommunications facility height and design, including technical, engineering, economic and other pertinent factors governing selection of the proposed design, with the exception that a request for collocation will not require a description or evaluation of the technical, business, or service characteristics of said request.

b.

Total anticipated capacity of the telecommunications facility, including number and types of antennas which can be accommodated.

c.

Evidence of structural integrity of the tower or structure.

d.

Structural failure characteristics of the telecommunications facility and demonstration that the site and setbacks are of adequate size to contain debris.

e.

A definition of the area of service to be served by the antenna or tower and whether such antenna or tower is needed for coverage or capacity, and the towers that will be linked for this system, with the exception that a request for collocation will not require a description or evaluation of: the proposed service characteristics; the need for proposed wireless facilities; or the justification of the business decision to collocate wireless facilities.

f.

Information showing the proposed facility would provide the needed coverage or capacity including their grid maps of the coverage area associated with the location in the city.

g.

The identity of a community liaison officer appointed by the applicant to resolve issues of concern to neighbors and residents relating to the construction and operation of the facility. Include name, address, telephone number, facsimile number and electronic mail address, if applicable.

h.

Identification of the geographic service area for the subject installation, including a map showing the site and the nearest or associated telecommunications facility sites within the network. Describe the distance between the telecommunications facility sites. Describe how this service area fits into and is necessary for the service network.

i.

Designation of which location preference, identified in subsections 104.03.25.E and F, the proposed facility is meeting. If the proposed location is not a preferred location or is a disfavored site, describe the following:

i.

What publicly used building, collocation site or other preferred location sites are located within the geographic service area. Provide a list, by address with lot and block number noted and map and parcel numbers, and a map at 1:200 scale of all such buildings within the service area;

ii.

What good faith efforts and measures were taken to secure each of these preferred location sites;

iii.

Why each such site was not technologically, legally or economically feasible and why such efforts were unsuccessful, with the exception that; and

iv.

How and why the proposed site is essential to meet service demands for the geographic service area and citywide network.

4)

Five-year plan and site inventory. Each application for site approval, a conditional use permit or other permit or variance required under this section shall include a five-year facilities plan and site inventory including the following:

a.

A list of all existing, existing to be upgraded or replaced, and proposed telecommunications facility sites within the city limits and within one mile of the city limits and a map showing these sites. The list must include the following information for each site:

i.

Street address;

ii.

Assessor's block and lot or other applicable ad valorem tax identification number (map and parcel numbers);

iii.

Zoning district;

iv.

Type of building (commercial, residential, mixed use) and number of stories;

v.

The number of antenna and base transceiver stations per site and the location and type of antenna installation (stand alone rooftop, building facade, etc.) and location of the base transceiver station installation;

vi.

The height from grade to the top of the antenna installation; and

vii.

The radio frequency range in megahertz, the wattage output of the equipment and effective radiated power.

b.

If the applicant does not know specific future tower and antenna site locations, but does know of areas where telecommunications facilities will be needed within the next five years to provide service, the applicant shall list the assessor's blocks contained within the anticipated geographic service area and identify each geographic service area with a number that will correspond to the future telecommunications facility site.

5)

Additional information requirements for towers.

a.

If the proposed telecommunications site is zoned GC, PD-Business/Office, NC, O-I, CBD, or RM-15 and there are alternative sites in L-I or SU, the applicant must justify in the CUP application why those alternate sites have not been proposed. Only claims as to undue expense and/or to undue difficulties in entering into a lease agreement will be considered. The city council shall carefully weigh such claims and the evidence presented in favor of them against a project's negative impacts at the proposed site.

b.

Applicants must identify all existing towers and all towers for which there are applications currently on file with the community development director. Applicants must provide evidence of the lack of space on all suitable existing towers to locate the proposed antenna and of the lack of space on existing tower sites to construct a tower for the proposed antenna. If collocation on any such towers would result in less visual impact than the visual impact of the proposed tower, applicants must justify why such collocation is not being proposed. If collocation on any such tower would increase negative visual impact, the applicant must so state and demonstrate. Only claims as to undue expense and/or to undue difficulties in entering into a lease agreement will be considered. The city council shall carefully weigh such claims, and the evidence presented in favor of them, against a project's negative impacts at the proposed site.

c.

In all zones, applicants must demonstrate that they cannot provide personal wireless communication service without the use of a telecommunications tower.

d.

The applicant shall quantify the additional tower capacity anticipated, including the approximate number and types of antennas. The applicant shall provide a drawing for each tower showing existing and proposed antenna locations. The applicant shall also describe any limitations on the ability of the tower to accommodate other uses, e.g., radio frequency interference, mass height, frequency or other characteristics. The applicant shall describe the technical options available to overcome those limitations and reasons why the technical options considered were not chosen to be incorporated.

e.

The applicant must provide a utilities inventory showing the locations of all water, sewer, drainage and power lines impacting the proposed tower site.

6)

Expedited review for building permits only (collocation or modification). When a telecommunications facility does not require a CUP and requires only a site and design review before it may be erected, the community development director will render a decision in accordance with the following:

a.

For a proposed collocation or modification that does not increase the overall height or width of the structure to which the wireless facilities are to be attached and does not increase the dimensions of the equipment compound initially approved by the city, the following process applies:

i.

The community development director shall approve or disapprove the application and also advise the applicant in writing of his or her final decision within 90 calendar days of the date an application for modification or collocation is field with the community development department, unless another date is specified in a written agreement between the community development director and the applicant. To the maximum extent practical, the community development department shall render decisions within 15 business days after receipt of a complete application.

ii.

Within 30 calendar days of the date an application for modification or collocation of wireless facilities is filed with the community development department, said department shall determine if is a complete application and, if it determines the application is not a complete application, notify the applicant in writing of any information required to complete such application. To the extent additional information is required to complete the application, the time required by the applicant to provide such information shall not be counted toward a maximum 90-day review period set forth in subsection a. above.

b.

For a proposed modification of an existing base station or tower that does not "substantially change" (see glossary for definition) the physical dimensions of such tower or base station, the following process applies:

i.

Within 60 days of the date on which an applicant submits a request seeking approval under this section, the community development director shall approve the application unless it determines that the application is not covered by this subsection.

ii.

The 60-day period begins to run when the application is filed, and may be tolled only by mutual agreement or in cases where the community development department determines that the application is incomplete. The timeframe for review is not tolled by a moratorium on the review of applications.

iii.

To toll the timeframe for incompleteness, the community development department must provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information. Such delineated information does not require documentation intended to illustrate the need for such wireless facilities or to justify the business decision to modify such wireless facilities.

iv.

The timeframe for review begins running again when the applicant makes a supplemental submission in response to the community development department's notice of incompleteness.

v.

Following a supplemental submission, community development department will have ten days to notify the applicant that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in section. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.

7)

Conditional use permits and variances.

a.

A request for a CUP pursuant to this section shall be initiated by application to the community development director and handled in accordance with the cup provision in chapter 105 of this UDC and in accordance with the Permit Procedures requirements of section 104.03.25.L. City council may issue a CUP under this section provided it shall have determined that all of the applicable requirements in chapter 105 have been satisfied and, further, that the benefits of and need for the proposed tower are greater than any possible depreciating effects and damage to the neighboring properties.

b.

A request for a variance shall be initiated by application to the community development director and handled in accordance with the variance provision of chapter 105 of this UDC. The board of zoning appeals may issue a variance under this section provided it shall have determined that all of the application requirements in chapter 105 have been satisfied and, further, that the benefits of and need for the proposed tower are greater than any possible depreciating effects and damage to the neighboring properties.

c.

In granting a CUP or variance, the city council or board of zoning appeals may impose additional conditions to the extent determined necessary to buffer or otherwise minimize adverse effects of the proposed tower or antenna on surrounding properties.

M.

Basic requirements.

1)

Building codes and safety standards.

a.

To ensure the structural integrity of telecommunications facilities, the owner of a telecommunications facility shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for such telecommunications facilities, as amended from time to time.

b.

Owners of telecommunications facilities shall conduct periodic inspections of such facilities at least once every year to ensure structural integrity and condition of screening and/or camouflaging. Inspections shall be conducted by a qualified, independent engineer licensed to practice in the state. The results of such inspection shall be provided to the community development director.

2)

Regulatory compliance.

a.

To the extent that the holder of a CUP for wireless telecommunications facilities has not received relief, or is otherwise exempt, from appropriate state and/or federal agency rules or regulations, then the holder of such a CUP shall adhere to, and comply with, all applicable rules, regulations, standards, and provisions of any state or federal agency including, but not limited to, the Federal Aviation Administration (FAA) and the Federal Communications Commission (FCC). Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards.

b.

To the extent that applicable rules, regulations, standards, and provisions of any state or federal agency including, but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, and security are changed and/or are modified during the duration of a conditional use permit for wireless telecommunications facilities, then the holder of such a CUP shall conform the permitted wireless telecommunications facilities to the applicable changed and/or modified rule, regulation, standard, or provision within a maximum of 24 months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity.

3)

Height.

a.

All new towers shall be of the monopole type, unless such is able to be proven to be technologically impracticable. No new towers of a lattice or guyed type shall be permitted, unless relief is otherwise expressly granted.

b.

The applicant shall submit documentation justifying the technical need by the service provider for the total height of any tower, facility and/or antenna requested and the basis therefore. To enable verification of the need for the requested height, documentation in the form of propagation studies must include all backup data used to produce the studies at the height requested and at a minimum of ten feet lower height. Such documentation will be analyzed in the context of the justification of the height needed to provide service primarily and essentially within the city, to the extent practicable, unless good cause is shown.

c.

The maximum permitted total height of a new tower shall be 120 feet above pre-construction ground level, unless it can be proven that such height would prohibit or have the effect of prohibiting the provision of service in the intended service area. The one 120-foot maximum permitted height is not as-of-right height, but rather the maximum permitted height, absent proof of the technological need for a greater height.

d.

Notwithstanding the 120-foot maximum permitted height, telecommunications towers and facilities shall be no taller than the minimum height technologically necessary to enable the provision of wireless service coverage or capacity as needed within the city and only within the city.

e.

Spacing or the distance between towers shall be such that the service may be provided without exceeding the maximum permitted height.

4)

Security. All wireless telecommunications facilities shall be equipped with an appropriate anticlimbing device or other similar protective device to prevent unauthorized access to the telecommunications facility.

5)

Lighting.

a.

No illumination is allowed on wireless telecommunications facilities unless required by the FCC, FAA or other state or federal agency or competent jurisdiction or unless necessary for air traffic safety.

b.

If lighting is required or necessary, the community development director may review the available lighting alternative and approve the design that would cause the least disturbance to the surrounding uses and views.

6)

Advertising. No advertising is permitted on telecommunications facilities. However, a whip antenna may be allowed on any legally permitted permanent billboard or outdoor advertising sign as long as the other requirements of this section are met.

7)

Visual impact.

a.

Wireless telecommunications facilities shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or other applicable federal or state agency, be painted a neutral color or painted and/or textured to match the existing structure so as to reduce visual obtrusiveness.

b.

If an antenna is installed on a structure other than a tower, the antenna and associated electrical and mechanical equipment must be of a neutral color that is identical to or closely comparable with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Roof-mounted antennas shall be made visually unobtrusive by screening to match existing air conditioning units, stairs, elevator towers or other background.

c.

Where feasible, telecommunications facilities should be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.

d.

Telecommunications facilities shall not be placed in a direct line of sight with historic or scenic view corridors as designated by city council or by any state or federal law or agency.

e.

Any equipment shelter or cabinet that supports telecommunications facilities must be concealed from public view or made compatible with the architecture of the surrounding structures or placed underground. Equipment shelters or cabinets shall be screened from public view by using landscaping or materials and colors consistent with the surrounding backdrop. The shelter or cabinet must be regularly maintained, in accordance with section 104.03.25.N.1.

8)

Landscaping. Landscaping shall be used to effectively screen the view of the telecommunications facility from adjacent public ways, public property and residential property.

a.

Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be removed and vegetation to be replanted to replace that lost. The site plan/landscape plan shall be approved by the community development director prior to any land disturbance.

b.

The community development director may waive or modify the landscaping requirement where lesser requirements are desirable for adequate visibility for security purposes; for continued operation of existing bona fide agricultural or forest uses such as farms, nurseries and tree farms; or where an antenna is placed on an existing structure. In certain locations where the visual impact of the tower would be minimal, such as remote agricultural or rural locations or developed heavy industrial areas, the landscaping requirement may be modified or waived by the community development director.

9)

Maintenance impacts.

a.

Equipment at a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion.

b.

Where the site abuts or has access to a collector or local street, access for maintenance vehicles shall be exclusively by means of the collector or local street.

10)

Principal, accessory and joint uses.

a.

Accessory structures used in direct support of a telecommunications facility shall be allowed, but not be used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a telecommunications facility shall not be stored or placed on the site of the telecommunications facility.

b.

Telecommunications facilities may be located on sites containing another principal use in the same buildable area.

11)

Lot size and setbacks. The following setback requirements shall apply to all telecommunications facilities; provided, however, that the community development director may reduce the standard setback requirements of this subsection if the goals of this section would be better served thereby:

a.

Telecommunications towers must be set back a distance equal to the height of the tower from any off-site residential structure.

b.

Towers, guy wires and accessory facilities must satisfy the minimum zoning district setback requirements.

c.

Telecommunications facilities must be set back from any property line a sufficient distance to protect adjoining property from the potential impact of telecommunications facility failure by being large enough to accommodate such failure on the site, based on the engineer's analysis required in section 104.03.25.M.

d.

For an antenna attached to the roof or a supporting structure on a rooftop, a one-to-one (1:1) setback ratio (example: A ten-foot high antenna and supporting structure requires a ten-foot setback from the edge of the roof) shall be maintained unless an alternative placement is shown to reduce visual impact.

12)

Additional requirements for towers.

a.

Telecommunications facility site location and development shall preserve the preexisting character of the surrounding buildings and land uses and the zone district as much as possible. Personal wireless telecommunications towers shall be integrated through location and design to blend in with existing characteristics of the site to the extent practical.

b.

Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.

c.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower and related facilities to the natural setting and built environment.

d.

Towers shall not be located any closer than 1,500 feet from an existing tower unless technologically required or visually preferable per subsection i. of this subsection.

e.

When a tower is adjacent to a residential use, it must be set back from the nearest residential lot line a distance at least equal to its total height.

f.

In no case shall a tower be located in the required front yard, back yard or side yard in a zoning district.

g.

Towers shall not be sited where they will negatively affect historic or scenic view corridors as designated by city council or any state or federal law or agency or where they will create visual clutter.

h.

Towers shall be enclosed by decay-resistant security fencing, not less than six feet in height, and shall be equipped with an appropriate anticlimbing device or other similar protective device designed to prevent tower access, in accordance with section 104.02.01B.9.

i.

Placement of more than one tower on a lot may be allowed provided all setback, design and landscape requirements are met as to each tower. Structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not lead to multiple failures if one fails.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2021-0415-01, 4-15-2021)

A.

Keeping of animals. No livestock shall be kept or maintained in any residential zone except that for each dwelling unit the occupant may keep for his personal use domestic pets (dogs, cats, and horses, etc.) so long as they are not kept or used for commercial or breeding purposes, or as to create a nuisance.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Definitions.

1)

Small-scale manufacturing (artisan manufacturing) means the production and assembly of finished products or component parts, typically by hand, and including design, processing, fabrication, assembly, treatment, and packaging of finished products. Typical artisan manufacturing trades include, but are not limited to: food and bakery products; non-alcoholic beverages; printmaking; leather products; jewelry and clothing/apparel; metal work; woodwork; furniture; and glass or ceramic production. Artisan manufacturing differs from other forms of manufacturing as it is substantially limited in the scale of production and is controlled in a manner such that it shall not cause noise, odor, or detectable vibration onto any neighboring property.

2)

Retail sales/small-scale manufacturing means a business engaged in retail sales and service combined with and operated concurrently with and on the same premises as a manufacturing business which employs 20 persons or less engaging in such work for the business who are present on the premises at any one time. Retail sales and services provided on the premises shall occupy an area of no less than five percent of the total square footage of the building used for the business, including storage, warehouse or any or uses and purposes for which the building is employed for such a business. For purposes of this regulation, the word manufacturing shall be construed to include, but not be limited to, something made from raw materials by hand or by machinery.

B.

Artisan manufacturing (small-scale manufacturing establishment). Standards when permitted by right or by development plan:

1)

The maximum size of an individual small-scale manufacturing establishment is as follows, based on the district where it is proposed to be located:

2)

In the PD Districts, the use may be in commercial areas only as shown on an approved master plan.

3)

The maximum size established in subsection A. does not preclude the location of more than one establishment per lot.

4)

The use may not include the bulk storage of flammable materials for resale.

5)

Storage of materials and production activities must be located within a completely enclosed structure. The emission of odor and noise must be mitigated through the provision of ventilation and soundproofing in accordance with all city and state standards.

6)

A small-scale manufacturing establishment may not include industrial activities which manufacture large, heavy articles and materials in bulk or use inside and outside storage of materials and finished products.

7)

A small-scale manufacturing establishment must include accessory retail sales or another accessory component that provides direct interaction with the public. For food or beverage production, this requirement may be satisfied by an accessory carryout restaurant that is subordinate and incidental to the commercial production, and where the counter and customer waiting, and seating areas do not exceed ten percent of the gross floor area of the establishment. This requirement may also be satisfied by a retail sales establishment or a restaurant or carryout restaurant that is established and parked as a separate principal use.

8)

In the LI District, retail sales may be permitted as an accessory use, if the associated retail sales area is limited to ten percent of the gross floor area of the establishment.

(Ord. No. 2022-0317-01, 3-17-2022)

A.

The community development director is hereby authorized to issue a temporary certificate of zoning compliance for temporary uses, as follows:

1)

Circus, fair, or carnival, for a period not to exceed 14 days, and shall only be permitted once every six months;

2)

Religious meeting in a tent or other temporary structure for a period not to exceed 14 days, and shall be permitted once every six months;

3)

Christmas tree sales on an open lot, fruit and vegetables, and other harvested products in the commercial and industrial districts for a period not to exceed 45 days;

4)

Real estate sales office, in any district, for a period not to exceed one year, provided no sleeping accommodations are maintained in the structure;

5)

Contractor's office and equipment sheds, in any district, for a period of one year, provided that such office be placed on the property to which it is appurtenant;

6)

Mobile food services, in any commercial/office or industrial zoning district, for a period of one year, in accordance with section 104.04.02;

7)

Roadside vendors, in any commercial/office or industrial zoning district, for a period of one year, in accordance with section 104.04.03; and

B.

All temporary certificates of zoning compliance may be renewed provided that it is determined that said use is clearly of a temporary nature, will cause no increased traffic congestion and will not create a nuisance to surrounding uses.

C.

Where provisions of this section specify different requirements, the most restrictive shall govern.

D.

Exemptions. Yard sales conducted in accordance with the provisions of this UDC shall not be required to apply for a temporary certificate of zoning compliance.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Mobile food services are permissible on the following properties in accordance with this section:

1)

Vacant lots in commercial, office and industrial zoning districts;

2)

Vacant lots in residential developments while the development is actively under construction;

3)

On lots containing a business in the commercial, office and industrial zoning districts; or

4)

On lots containing a business in a mixed use zoning district subject to master plan approval.

B.

The applicant for a temporary use permit shall have written permission of the property owner to conduct food services.

C.

The applicant shall possess a valid occupational license and a valid food service permit from the environmental health department.

D.

Mobile food services shall not be located within:

1)

The public right-of-way;

2)

Any required setback area or buffer area;

3)

Any driveway or access way, or in such a manner as to block a driveway or access way; or

4)

Any designated fire lane or in such a manner as to block a fire lane.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Roadside vendors conducting retail sales are permissible on vacant lots or on lots containing a business in commercial or industrial zoning districts in accordance with the standards of this section.

B.

The applicant shall have written permission of the property owner to conduct retail sales.

C.

The applicant shall possess both a valid occupational license and a peddler's permit in accordance with the City of Canton Code of Ordinances.

D.

Roadside vendors shall not be located within:

1)

The public right-of-way;

2)

Any required setback area or required buffer area;

3)

Any required parking space;

4)

Any driveway or access way, or in such a manner as to block a driveway or access way; or

5)

Any designated fire lane or in such a manner as to block a fire lane.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Seasonal sales include periodic events of a temporary nature that are typically outdoors (e.g. legal fireworks sales, Christmas tree sales, etc.).

B.

The following standards shall apply to seasonal sales:

1)

A temporary use permit is required according to the procedures set forth in this UDC.

2)

The area devoted to seasonal sales shall not be located on any required setbacks, buffers, rights-of-way, or required fire lanes;

3)

Off-street parking spaces shall be provided to support the seasonal sales activity;

4)

The applicant shall ensure the provision of adequate garbage and refuse disposal;

5)

The applicant shall receive approval from the fire safety services manager prior to erecting a tent; and

6)

The applicant shall demonstrate conformance with all applicable building, health, and other federal, state or local laws.

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

A.

Yard sales shall be limited to three consecutive-day periods.

B.

No more than one such sale shall be held at the same address within any three months.

C.

Signs shall be installed in accordance with the standards for yard sale signs in the temporary signs section of chapter 103.

(Ord. No. 2014-18, § 2, 8-21-2014)

The following regulations apply to cottage housing developments (CHDs):

A.

CHDs are allowed in the following zoning districts: R-40, R-20, R-15, R-10, R-4, RA-6, RA-8, MHP, RM-15, PD-R, PD-MU and CBD.

B.

The following requirements shall apply to all CHDs:

1)

Density and minimum lot area.

a.

In CHDs, the permitted density shall be one dwelling unit per 2,904 square feet of lot area (15/acre).

b.

The minimum lot area for a CHD shall be 7,000 square feet.

c.

Cottage homes shall be developed in clusters of a minimum of two homes to a maximum of 12 homes.

2)

Height limit and roof pitch.

a.

The height limit permitted for structures in CHDs shall be 18 feet from the finished first floor height, subject to the exception described in subsection (b).

b.

Where the ridge of a roof is pitched with a minimum slope of six to 12, the maximum roof height may extend up to 25 feet. All parts of the roof above 18 feet shall be pitched. These heights are intended to allow maximum one and one-half story homes.

3)

Lot coverage and floor area. The maximum first floor or main floor area for an individual principal structure in a CHD shall be 1,250 square feet.

4)

Yard setbacks.

a.

Front yard setbacks. When fronting a public street, the front yard setback shall be at least 15 feet with an allowable seven-foot encroachment for a front porch. On non-public streets, the front yard setback shall be at least ten feet with an allowable encroachment for a front porch of no greater than five feet.

b.

Rear yards. The minimum rear yard shall be ten feet.

c.

Side yards. There shall be a minimum of ten-foot building separation. Units five feet or less from property line will require additional fire safety measures.

5)

Required open space.

a.

A minimum of 400 square feet per unit of common open space is required.

b.

At least 50 percent of the cottage units shall abut the common open space.

c.

All the cottage units shall be located within 100 feet walking distance of the common open space.

d.

The common open space shall have cottages abutting at least two sides.

e.

At least 50 percent of the cottage home units shall be oriented around the common open space with their covered porches or main entry facing the common open space.

6)

Parking. Parking spaces for each cottage home unit shall be provided as follows:

a.

Units that exceed 650 square feet on main floor: two spaces. Units that do not exceed 650 square feet on main floor: one and one-half spaces.

b.

Location. Parking shall be located on the CHD property. It may be in a structure, under a structure, or outside a structure provided that:

1.

Parking is screened from direct view from street by one or more building facades, by garage doors, or by a fence and landscaping.

2.

Parking is not located in the front yard.

3.

Parking is only allowed between structures when it is located toward the rear of the principal structure and is served by an alley or private driveway.

4.

Parking may be located between any structure and the rear lot line of the lot or between any structure and a side lot line which is not a street side lot line.

7)

Additional requirements.

a.

Cottage homes shall have a covered porch at least 60 square feet in size.

b.

All structures shall maintain ten feet of separation between houses.

c.

The condominium association or homeowners' association shall maintain the required open space and all common areas.

d.

Each cottage home shall have access to clothes washers and dryer facilities, either through installation of connections to clothes washers and dryers in the cottage home, or access to clothes washers and dryers in a building located in the common open space.

e.

Developers of cottage homes are encouraged to provide pervious parking areas. In any event, every cottage home development shall comply with chapter 109 of the Canton City Code regarding stormwater management.

C.

Other provisions of the Zoning Ordinance, including, but not limited to, chapter 103, section 103.02, shall be construed to permit cottage housing development in conformance with this section. Lots may be reduced in size, as would otherwise be prohibited by chapter 103, section 103.02, to develop cottage housing in compliance with chapter 104, section 104.03.16.

(Ord. No. 2022-0317-02, 3-17-2022; Ord. No. 2024-0404-2, § 8, 4-4-2024)

A.

General private deed covenants. The entire cottage housing development shall be included within private deed covenants running with the land to assure the continuance of the planned residential development in accordance with approved plans and development. No certificate of occupancy shall be issued until a copy of the recorded legal covenants has been submitted to the city.

B.

Phased development projects. Cottage housing development applicants may propose construction phases (commencement and completion dates) for a planned residential development project that has identified, logical geographical sections or pods; a construction phasing plan shall be reviewed by the mayor and city council for approval.

C.

Performance bonds required. The landowner shall furnish such bond or bonds as may be recommended to the city council and approved by the mayor and city council to be reasonably required to assure performance in accordance with the cottage housing development plan and to protect the public interest in the event of abandonment of said plan before completion.

D.

Open space maintenance. In event the property owners' association for a planned residential or cottage housing development fails to maintain the common open space property, the city may serve written notice upon the property owners' association and upon the residents and owners of the cottage housing development setting forth the way the organization has failed to maintain the common open space in reasonable condition. Said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice.

1)

If the deficiencies are not corrected within said 30 days, the city, to preserve the taxable values of the properties within the cottage housing development and to prevent the common open space from becoming a public nuisance, may enter upon said common open spaces and maintain the same for one year and thereafter until the property owners' association is prepared to provide proper maintenance.

2)

The cost of such maintenance by the city shall be assessed ratably against the properties within the planned residential or cottage development that have a right of enjoyment of the common open space and shall become a tax lien upon said properties. The city at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the office of the county tax assessor upon the properties affected by such lien within the planned residential development.

(Ord. No. 2022-0317-02, 3-17-2022)

The following procedures shall be followed in the establishment of a cottage housing development.

A.

Optional pre-application meeting. Prior to the submittal of a cottage housing development application, the applicant may meet with the designated city planner for a preliminary conference on the location, scope, and nature of the proposed development. A written report on the pre-application meeting shall be prepared and transmitted to the applicant and to the mayor and city council for their information.

B.

Formal application and completeness check. A formal application for a cottage housing development shall be made by the applicant to the city.

1)

Required information. The applicant shall submit the following information and such other materials as the mayor and city council may require determining whether the proposed development meets the required standards.

a.

Plans in accordance with the requirements of section 105.08.00 of this unified development code.

b.

Other applicable information regarding the relation of the proposed development to surrounding development and roads, as well as common open space proposed on the site.

c.

A preliminary outline of proposed protective covenants, including provisions for the organization and continued financing of a property owners' association except in commercial planned unit developments.

d.

Any statistical tabulations required to show that the proposed development meets the specific requirements of the proposed cottage housing development.

e.

If the proposed cottage housing development is to be subdivided, then the application for approval of the cottage housing development shall include all information required for the preliminary approval in accordance with the requirements of the Unified Development Code.

2)

Completeness check. The city clerk or designated city planner shall review the application for completeness. Once certified complete, the application shall be transmitted to the city staff for review and recommendation to the mayor and city council.

C.

Plan review and approval criteria.

1)

Within 30 days of receipt of the formal application and all required information, the application shall be reviewed by the designated city planner who shall prepare a staff report and the application shall be added to the next appropriate city council agenda; the city staff shall review the proposed development for conformance to this chapter and for achievement of the purposes of this section and shall make a written recommendation for approval or disapproval to the mayor and city council.

2)

Failure to act. If the city staff fails to submit a report within 30 days after it has received the proposed cottage housing development application, it shall be deemed to have recommended approval to the mayor and city council. The city staff and the applicant may jointly agree to a 30-day postponement if notice of such agreement shall be sent to the mayor and city council. In any case, all materials concerning the proposed cottage housing development shall be forwarded to the mayor and city council no later than 60 days from the receipt of an application certified as complete.

D.

City council hearing and final action. The mayor and city council shall review and consider the proposed application and materials for a public hearing.

1)

If the proposed cottage housing development is deemed acceptable for further consideration, the city council shall hold a public hearing thereon. The notice of the time and place of such hearing shall be published at least 15 days prior to the hearing in the official legal organ of the city. At the hearing, any party may appear in person or by agent or attorney.

2)

In addition, the city shall erect in a conspicuous place on the property involved a sign which shall contain information as to the planned unit development applied for and time and place of the hearing. Failure to erect and maintain the sign as specified above shall not invalidate the subsequent determination of the mayor and city council.

3)

Within 45 days after the public hearing the mayor and city council shall approve or deny the cottage housing development. The mayor and city council and the applicant may jointly agree to postpone action for a 45-day period, but the final decision shall be made not later than 60 days from the public hearing.

E.

General standards for approval. Cottage housing developments may be approved subject to such conditions as may be imposed to mitigate impacts which may be expected without the imposition of conditions. The following general standards shall be considered in determining whether the planned unit development shall be approved:

1)

Is the proposed development suitable in view of the use and development of adjacent and nearby property?

2)

Does the proposed development adversely affect the existing use or usability of adjacent or nearby property?

3)

Does the proposed development result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools?

4)

Are there other existing or changing conditions which, because of their impact on the public health, safety, morality, and general welfare of the community give supporting grounds for either the approval or denial of the proposed development?

F.

Preliminary and final land subdivision plats. Final approval of the cottage housing development by the mayor and city council authorizes the applicant to prepare a preliminary land subdivision plat when applicable. A copy of this authorization together with a copy of the materials submitted by the applicant shall be sent to the planning and zoning board.

1)

No site development shall be undertaken by the applicant and no permits shall be issued to him/her until the preliminary land subdivision plat has been officially approved in accordance with the Unified Development Code. A final land subdivision plat shall be prepared by the developer after approval of the preliminary plat.

2)

If the final land subdivision plat meets the requirements of subdivision regulations of the city, it shall be approved by the zoning and review commission and the mayor and city council and recorded in accordance with land subdivision regulation procedures.

G.

Modification of approved cottage housing developments: The mayor or his/her designee shall have sole authority to approve minor changes to approved cottage housing developments. For the purposes of this section, a minor change in the approved cottage housing development means a slight alteration to a cottage housing development or change in layout that does not result in the visible intrusion of any building, structure, driveway, walkway, parking lot, plaza, wall or similar built element into any open space, yard, landscaped buffer, undeveloped space, or any similar space, when any such space is shown on the final "conditional" plan as being next to and visible from a property line or street.

(Ord. No. 2022-0317-02, 3-17-2022)