The purpose of chapter 105 is to describe the committees and boards that are established for the purpose of implementing the provisions of this UDC; to set forth the provisions for receiving, reviewing, and rendering decisions on applications for rezoning, variance, master plan, conditional uses and annexation; to provide mechanisms for obtaining relief from the provisions of this UDC; and to set forth the requirements for appealing decisions and for enforcement.

(Ord. No. 2014-18, § 2, 8-21-2014)

Editor's note— Ord. No. 2021-0415-01, adopted April 15, 2021, repealed § 105.02.00, which pertained to planning commission and derived from Code 2012.

Editor's note— Ord. No. 2021-0415-01, adopted April 15, 2021, repealed § 105.02.01, which pertained to establishment, membership and officers and derived from Code 2012; and Ord. No. 2014-18, § 2, adopted Aug. 21, 2014.

Editor's note— Ord. No. 2021-0415-01, adopted April 15, 2021, repealed § 105.02.02, which pertained to powers and duties and derived from Code 2012; and Ord. No. 2014-18, § 2, adopted Aug. 21, 2014.

Editor's note— Ord. No. 2021-0415-01, adopted April 15, 2021, repealed § 105.02.03, which pertained to policies and procedures and derived from Code 2012; Ord. No. 2014-18, § 2, adopted Aug. 21, 2014; Ord. No. 2017-1019, adopted Oct. 19, 2017; and Ord. No. 2018-0920-02, adopted Sept. 20, 2018.

Editor's note— Ord. No. 2021-0415-01, adopted April 15, 2021, repealed § 105.02.04, which pertained to behavior and ethics and derived from Code 2012; and Ord. No. 2014-18, § 2, adopted Aug. 21, 2014.

Editor's note— Ord. No. 2021-0415-01, adopted April 15, 2021, repealed § 105.02.05, which pertained to meeting procedures and decorum and derived from Code 2012; and Ord. No. 2014-18, § 2, adopted Aug. 21, 2014.

(Ord. No. 2024-0404-2, § 9, 4-4-2024)

Editor's note— Ord. No. 2024-0404-2, § 9, adopted April 4, 2024, amended § 105.03.00 and in doing so changed the title of said section from "Board of zoning appeals" to "Board of appeals," as set out herein.

A.

The board of appeals (BOA) is hereby established.

B.

The BOA shall consist of seven members, appointed by the mayor and confirmed by city council. Four members shall be appointed to serve an initial three-year term. Three members shall be appointed to serve an initial two-year term. After the initial term of appointment, terms of appointment shall thereafter be three-year terms of appointment. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment.

C.

Each member shall receive a per diem, as determined by city council, for attending meetings of the BOA.

D.

Members shall be removable for cause by city council upon written charges and after a public hearing; provided however, that any member who fails to attend three consecutive meetings, without cause, may be removed by city council without a public hearing.

E.

At the first regular meeting of each calendar year, the BOA shall elect one of its appointed members as chairman who shall serve for one year or until he or she is re-elected or his or her successor is elected. The BOA shall elect one appointed member as vice-chairman who shall serve for one year or until he or she is re-elected or his or her successor is elected.

F.

At least four members must be present to constitute a quorum. Any action shall require the affirmative vote of at least three members.

G.

The chairman shall preside over all meetings and hearings of the BOA. The chairman shall execute all official documents and letters on behalf of the BOA. In the absence of the chairman, the vice-chairman shall act as chair and shall have all the powers of the chairman. In the absence of the chairman and the vice-chairman, a quorum of the BOA may select an additional member to preside over the meeting and/or hearing.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2024-0404-2, § 9, 4-4-2024)

A.

The BOA in appropriate cases and subject to appropriate conditions and safeguards shall have the following powers:

1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the community development director in the enforcement or application of this UDC. The appeals process is identified in section 105.14.00 of this UDC.

2)

To authorize upon appeal in specific cases a variance from the terms of this UDC, in accordance with section 105.11.00.

3)

To hear the appeals of decisions and interpretations of the building official in accordance with section 105.14.02 of this UDC.

4)

To hear and decide appeals of the 2012 International Property Maintenance Code as amended by Canton ("property maintenance") code in accordance with section 105.14.02 of this UDC.

B.

In exercising the above-mentioned powers, the BOA may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the community development director, or to decide in favor of the appellant or applicant on any matter upon which it is required to pass, or to effect any variation from the strict application of the provisions of this UDC.

C.

To defray a portion of the costs occasioned thereby, no appeal from the decision of the community development director and no application for an exception, variance or other matter shall be entered on the docket of, heard by or ruled on by the BOA until there has been paid to the community development department by the appellant or applicant the published filing fee.

D.

No fee shall be required for an interpretation of this UDC when there is a variance between the street layout on the ground and the street layout as shown on the official zoning map.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2020-0917-01, 9-17-2020; Ord. No. 2024-0404-2, § 9, 4-4-2024)

A.

The board of appeals shall meet as needed at a regularly scheduled date and time. This meeting will include all public hearings to be heard by the board of appeals scheduled for the month.

B.

The BOA, by policy, intends to limit the length of meetings to a reasonable time. Therefore, no agenda item will be taken up by the BOA after 9:00 p.m., except by consent of five BOA members present. In those cases where agenda items are not completed, they will be put forward to the next regular meeting of the BOA and placed, in order, first on the agenda.

C.

For all meetings of the BOA, the following shall be observed:

1)

The public shall receive proper legal notice as to time and location of public hearings as required by law.

2)

The BOA shall develop and maintain "participation guidelines" for public hearings and work session meetings. The participation guidelines shall be made available at each meeting of the BOA.

3)

All subject matter shall be limited to the topic under consideration and shall be in accordance with the "Board of Appeals Participation Guidelines."

4)

BOA response to public and applicant comments shall be confined to clarification of presented facts.

5)

At the discretion of a majority of members present, public hearings may be continued to another date.

6)

BOA meetings shall be conducted in accordance with the Code of Ordinances of the City of Canton and this chapter.

7)

By a written showing of reasonable cause received in the community development department by 4:00 p.m. at least eight calendar days before a scheduled meeting, an applicant may request postponement of a case. Upon finding the cause to be reasonable, the community development department shall remove the case from the agenda, and reschedule the case to the next regular meeting. If the community development department does not find the cause given is reasonable, or a longer postponement is requested, BOA approval is required. Applicants must confirm whether the community development department has approved a postponement. No more than two postponements may be requested and approved.

8)

The BOA may hear and decide any case that is not postponed, and except for unforeseen emergencies and/or unique situations, will hear and decide cases no later than the third meeting for which they are scheduled, with or without the applicant present. In its discretion, the BOA may decide the case on the merits or may dismiss the case for lack of progress/presentation.

9)

By requesting postponement, an applicant agrees to pay postponement fees based on costs of republication, re-notification, copying and other expenditures of time, money and materials by the City of Canton that result from rescheduling. Applicants whose cases are dismissed for lack of progress/presentation shall receive no credit or refund of fees paid in connection with that case.

D.

Persons wishing to address written communications to the BOA or community development department are invited to do so. All written communications regarding items before the BOA may be made a part of the official record subject to disclosure. Communications should be sent with sufficient time to ensure their due consideration prior to any action by the BOA.

E.

The BOA may provide time for the public to address the BOA on specific planning-related topics under "all else." Remarks shall be limited to five minutes per person.

F.

Agendas, files and related information on items before the BOA shall be available to the public at the community development department during normal business hours.

G.

Whenever possible, the community development department shall advise persons known to be involved in a particular matter of any changes in procedure or scheduling which occur after preparation of the agenda.

H.

Except by unanimous consent of the members present, the BOA shall not consider, discuss or take any action on matters not appearing on the BOA's prepared agenda.

I.

On matters requiring public hearing, the BOA may take action during the same meeting, or the matter may be deferred by a majority of the members present.

J.

The BOA shall maintain public records of its resolutions, transactions, findings, determinations, decisions and meetings. Files, minutes and records shall be located in the community development department and open to the public during normal community development department hours.

K.

The community development department shall ensure that all applicants submitting requests to be considered by the BOA will grant temporary access to the subject property during the time period that the request is being considered to allow the BOA members and community development department staff to review and inspect the subject property in person prior to a decision being made by the BOA.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2018-0920-02, 9-20-2018; Ord. No. 2024-0404-2, § 9, 4-4-2024)

A.

BOA members shall not:

1)

Disclose confidential information acquired by reason of his/her official position or use such information to secure special privileges or exemptions for himself/herself or others.

2)

Use or attempt to use his/her official position to secure special privileges for himself/herself or others.

3)

Knowingly receive, accept, take, seek to solicit, directly or indirectly, any gift or loan for himself/herself or another if the gift or loan tends to influence him/her in the discharge of his/her official duties, but this subsection does not apply to an occasional non-pecuniary gift having a value of less than $50.00, an award publicly presented, any bona-fide loan made in the ordinary course of business or political campaign contributions actually used in a political campaign.

4)

Participate in any BOA action which may result in a private benefit. The private benefit may be direct or indirect, create a material, personal gain or provide an advantage to relations or to friends, or to groups and associations which hold some share of the person's loyalty. However, mere membership itself in a group or organization shall not be considered a conflict of interest as to BOA action concerning such group or association unless a reasonable person would conclude that such membership in itself would prevent an objective consideration of the matter.

B.

The BOA recognizes that in the performance of its duties, matters will be presented and considered upon which one or more members may have or perceive that they have a conflict of interest due to economic, personal or other reasons, the existence of which will or may be perceived by other members of the BOA or general public as having the potential for interfering or influencing the member's unbiased consideration and vote. It is the policy of the BOA to require and encourage a full and accurate disclosure of such conflicts or potential conflicts at the earliest possible time so that the BOA may determine whether a member may or should abstain from participation and voting.

C.

Consistent with this policy, each member has a duty to disclose any conflicts or potential conflicts and the relevant facts to the extent it does not violate a confidence, to the BOA at the first meeting at which the matter creating the potential conflict is considered. The member's disclosure shall include an indication of whether the potential conflict disclosed will interfere or influence their consideration and vote and whether the member wishes to be permitted to abstain from voting.

D.

After a disclosure or potential conflict is made by a member and discussed by the BOA, whether the member may or shall abstain from discussion and voting shall be decided by motion and majority vote of the members in attendance at the meeting.

E.

If a majority of the BOA votes to allow the BOA member disclosing the potential conflict to abstain from the discussion and voting, the BOA member disclosing the potential conflict shall leave the room in which the meeting is taking place until such time as the BOA has completed discussion and voting on the matter related to the potential conflict.

F.

Any questions or claims that a member has failed to disclose a potential conflict of interest shall be presented at the first meeting when the matter alleged to create the conflict is considered by the BOA. If such questions or claims are made, and after the member with the alleged conflict has had the opportunity to respond, which shall include a statement on whether they wish to vote or abstain, the BOA shall resolve the claim and the member's voting rights by motion to permit or require the member to abstain from consideration and voting. If the member has indicated a desire to participate and vote on the matter, a concurring vote of at least five members of the BOA is required to prohibit said participation and voting.

G.

A BOA member shall not personally appear before the BOA as an applicant or as a representative of an applicant during the member's term of office.

H.

With the exception of the chairperson, a BOA member shall not indicate representation of the BOA when speaking to individuals, groups or organizations on general BOA matters unless authorized by the BOA to do so. When speaking for personal purposes on matters that may come before the BOA, the BOA member shall indicate that the stated opinions and beliefs are not necessarily the opinions and beliefs of the BOA as a whole.

I.

The BOA, or its members, shall not intrude into the management of the community development department or into those matters which are best handled administratively within the department.

J.

BOA members shall conduct themselves at BOA meetings in a fair, courteous, and understanding manner. BOA members shall avoid interchanges involving personality differences.

K.

A BOA member shall not engage in ex parte communications with an applicant or with a representative of an applicant.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2024-0404-2, § 9, 4-4-2024)

A.

The BOA conducts hearings to decide appeals related to the enforcement or application of this UDC by the community development director or to authorize upon appeal a variance from the terms of this UDC. These hearings on matters are brought by property owners or their authorized representatives to determine whether or not the subject property in question should be approved for the action requested by the applicant.

B.

The BOA utilizes "Roberts Rules of Order" for conducting its meetings.

C.

The BOA expects its meetings to be conducted in a businesslike manner and has promulgated the following rules of procedure and decorum for all speakers on matters before the BOA:

1)

All persons attending a BOA hearing are required to sign the sign-in sheet confirming attendance at the meeting. Opponents of an application are required by Georgia law to fill out a disclosure form relating to campaign contributions prior to voicing their opposition to any application.

2)

The BOA conducts its meetings in a businesslike manner and will not tolerate verbal outbursts, clapping, cheering, heckling, side comments, etc. All comments concerning the application are to be addressed to the BOA and not to the applicant or other interested party.

3)

Signs, placards, posters, etc. are not permitted within the meeting room and must be left outside. Display boards reflecting matters and plans that are a part of the application may be used by the applicant and referred to by other speakers.

4)

The proponents and the opponents of an application are limited to ten minutes for presentation of their respective viewpoints, unless more time is allowed by a vote of the BOA, in which case equal additional time shall be allowed for each side. As such, in the event that more than one person desires to address a particular position, applicants and/or opponents are encouraged to designate spokespersons to present their positions concerning the application. Those persons that reside within the incorporated limits of the City of Canton shall be given the opportunity to speak before those persons that reside outside of the incorporated limits of the City of Canton.

5)

While public opinion is encouraged as to applications, it is not necessary to state the same position or fact more than once to the BOA. The chairperson of the BOA may limit a presentation if the same positions and facts are made by subsequent speakers.

6)

Once the chairperson of the BOA declares the public hearing closed, there will be no more comments accepted from any member of the audience unless a member of the BOA asks a specific question of a specific person. All comments and side comments are to cease at the time while the BOA goes into deliberations concerning the application.

7)

Any person violating any of these rules of procedure and decorum will be requested by the chairperson of the BOA to cease such activity upon a verbal warning. If it is necessary to issue another warning, any person or persons are subject to removal from the meeting by the City of Canton Police.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2024-0404-2, § 9, 4-4-2024)

A.

These duties, policies and procedures as described in section 105.03.00 may be amended or revised during a regular meeting of the BOA by at least six members of the BOA. Notice of proposed changes must be given to the BOA at a preceding regular meeting.

B.

The provisions of section 105.03.00 shall be reviewed annually at the work session in January.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2024-0404-2, § 9, 4-4-2024)

The word "board" when used in this section shall mean the board of construction adjustment and appeals.

(Ord. No. 2014-18, § 2, 8-21-2014)

There is hereby established a board to be called the board of construction adjustment and appeals, which shall consist of seven members. The city council shall appoint the board.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The board of construction adjustment and appeals shall consist of seven members, appointed by the mayor and confirmed by city council. Four members shall be appointed to serve an initial three-year term. Three members shall be appointed to serve an initial two-year term. After the initial term of appointment, terms of appointment shall thereafter be three-year terms of appointment. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment.

B.

Each member shall receive a per diem, as determined by city council, for attending meetings of the board.

C.

Members shall be removable for cause by city council upon written charges and after a public hearing; provided however, that any member who fails to attend three consecutive meetings, without cause, may be removed by city council without a public hearing.

D.

At the first regular meeting of each calendar year, the board of construction adjustment and appeals shall elect one of its appointed members as chairman who shall serve for one year or until he or she is re-elected or his or her successor is elected. The board shall elect one appointed member as vice-chairman who shall serve for one year or until he or she is re-elected or his or her successor is elected. At least four members must be present and voting to constitute a quorum.

E.

The chairman shall preside over all meetings and hearings of the board of construction adjustment and appeals. The chairman shall execute all official documents and letters on behalf of the board. In the absence of the chairman, the vice-chairman shall act as chair and shall have all the powers of the chairman. In the absence of the chairman and the vice-chairman, a quorum of the board may select an additional member to preside over the meeting and/or hearing.

F.

A simple majority of the board shall constitute a quorum. In varying any provision of the construction codes, the affirmative votes of the majority present shall be required.

G.

The building official shall act as secretary of the board and shall make a detailed record of all its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote.

(Ord. No. 2014-18, § 2, 8-21-2014)

The board of construction adjustment and appeals shall have the powers to hear the appeals of decisions and interpretations of the building official in accordance with section 105.14.04 of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of these procedures.

B.

The board shall meet on call of the chairman or the community development director.

C.

The board shall meet within 30 calendar days after notice of appeal has been received.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The board of construction adjustment and appeals shall, in every case, reach a decision without unreasonable or unnecessary delay.

B.

Each decision of the board shall also include the reasons for the decision.

C.

If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of the construction codes, the building official shall immediately take action in accordance with such decision.

D.

Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection.

E.

A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept in the office of the building official.

F.

Every decision of the Board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

There is hereby established a department to be called the building division and the person in charge shall be known as the building official. The City of Canton shall establish the qualifications for the building official and other code enforcement personnel.

B.

The word "department" when used in this section shall be construed to mean the building division.

(Ord. No. 2014-18, § 2, 8-21-2014)

An officer or employee connected with the department shall not financially be interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless he is the owner of such. This officer or employee shall not engage in any other work within the City of Canton, which is inconsistent with his duties or conflict with the interests of the department.

(Ord. No. 2014-18, § 2, 8-21-2014)

The building official shall keep, or cause to be kept, a record of the business of the department. The records of the department shall be open to public inspection pursuant to the provisions of the Georgia Open Records Act.

(Ord. No. 2014-18, § 2, 8-21-2014)

Any officer or employee, or member of the construction board of adjustments and appeals, charged with the enforcement of the construction codes, acting for the applicable governing authority in the discharge of his duties, shall not thereby render himself/herself personally liable, and is hereby relieved from all personal liability, for any damage that may occur to persons or property as a result of any act required or permitted in the discharge of his/her duties. Any suit brought against any officer or employee or member because of such act performed by him/her in the enforcement of any provision of the construction codes shall be defended by the governing jurisdiction until the final termination of the proceedings.

(Ord. No. 2014-18, § 2, 8-21-2014)

The building official shall submit annually a report covering the work of the building department during the preceding year. He/she may incorporate in said report a summary of the decisions of the construction board of adjustments and appeals during said year.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Generally.

1)

The building official is authorized and directed to enforce the provisions of the state minimum standard codes for construction ("construction codes") in accordance with section 105.15.00 of this UDC.

2)

The building official is further authorized to render interpretations of the construction codes, which are consistent with its intent and purpose.

3)

The building official is further authorized to administer the construction codes, which are further described in chapter 108 of this UDC.

B.

Review of alternate materials and methods.

1)

The provisions of the construction codes are not intended to prevent the use of any material or method of construction not specifically prescribed by them, provided any such alternate has been reviewed by the building official.

2)

The building official shall approve any such alternate, provided the building official finds that the alternate for the purpose intended is at least the equivalent of that prescribed in the construction codes, in quality, strength, effectiveness, fire resistance, durability and safety.

3)

The building official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternate.

(Ord. No. 2014-18, § 2, 8-21-2014)

Editor's note— Ord. No. 2022-0317-01, adopted April 17, 2022, changed the title of § 105.06.00 from "Code enforcement division of the community development department" to "Code enforcement division of the building and safety department," as set out herein.

A.

The enforcement of the International Property Maintenance Code as adopted, as amended and as amended by the City of Canton shall be the responsibility of the Code Compliance Division of the Department of Building and Safety Services or as assigned by the city manager. The executive official in charge thereof shall be known as the code official.

B.

The code official shall be appointed by the chief appointing authority of Canton.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2018-0920-02, 9-20-2018; Ord. No. 2022-0616-01, 6-16-2022)

A.

The code official or employee charged with the enforcement of the property maintenance code, while acting for the jurisdiction, in good faith in the discharge of the duties required by the property maintenance code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties.

B.

Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of the property maintenance code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings.

C.

The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of the property maintenance code.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Enforcement.

1)

The code official is hereby authorized and directed to enforce the provisions of the property maintenance code in accordance with section 105.15.00 of this UDC.

2)

The code official shall have the authority to render interpretations of the property maintenance code and to adopt policies and procedures in order to clarify the application of its provisions.

3)

In accordance with the prescribed procedures of Canton and with the concurrence of the appointing authority, the code official shall have the authority to appoint deputy code officials, inspectors and other related technical officers as needed. Such employees shall have power to enforce any provision of the property maintenance code.

B.

Inspections.

1)

The code official shall make, or cause to be made, all of the required inspections, or shall accept reports of inspection by approved agencies or individuals.

2)

All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual.

3)

The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise.

4)

The code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by the property maintenance code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry.

a.

If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry.

b.

If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry.

5)

The code official shall carry proper identification when inspecting structures or premises in the performance of duties under the property maintenance code.

C.

Notice and orders. The code official shall issue all necessary notices or orders to ensure compliance with the property maintenance code.

D.

Department records. The code official shall keep official records of business and activities of the department specified in the provisions of the property maintenance code. Such records shall be retained in the official records for the period required for retention of public records.

E.

Approval.

1)

Modifications. Whenever there are practical difficulties involved in carrying out the provisions of the property maintenance code, the code official shall have the authority to grant modifications for individual cases, provided the code official shall first find that special individual reason makes the strict letter of the property maintenance code impractical and the modification is in compliance with the intent and purpose of this code.

2)

Alternative materials, methods and equipment. The provisions of the property maintenance code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by the property maintenance code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of the property maintenance code.

3)

Required testing. Whenever there is insufficient evidence of compliance with the provisions of the property maintenance code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the City of Canton.

4)

Test methods. Test methods shall be as specified in the property maintenance code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency.

5)

Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records.

6)

Used material and equipment. The use of used materials which meet the requirements of the property maintenance code for new materials is permitted. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved by the code official.

7)

Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval.

8)

Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in the property maintenance code, shall consist of valid research reports from approved sources.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

From time to time, city council may amend the zoning requirements in this UDC and the official zoning map of the City of Canton, Georgia in a manner hereinafter specified.

B.

For the purpose of this UDC, a "zoning decision" means any final action by city council resulting in the following:

1)

The adoption of zoning requirements within this UDC;

2)

The adoption of an amendment to this UDC which changes the text of the zoning requirements

3)

The adoption of an amendment to the official zoning map which rezones property from one zoning classification to another or which zones property to be annexed into the city;

4)

The adoption of an amendment to the zoning requirements in this UDC which otherwise rezones property from one zoning classification to another;

5)

The grant of a permit relating to a conditional use of a property;

6)

The approval of changes in the conditions of approval pertaining to a specific rezoning or conditional use approval;

7)

The approval of a master plan or master plan amendment.

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

A.

The city council in their decision shall consider the following standards in exercising its' zoning power:

1)

Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property;

2)

Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property;

3)

Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned;

4)

Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools;

5)

Whether the zoning proposal is in conformity with the policy and intent of the comprehensive plan and future development map;

6)

Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal.

7)

A planning and zoning technical report that may include conditions which may be considered by city council as supplied by the director;

8)

Any additional information considered to be relevant to the proposed amendment by the director.

9)

A concept plan shall also be submitted. This plan shall provide enough detail so that the mayor and city council can ascertain the scope of the project. This plan may be made a condition of zoning if so approved by the mayor and city council.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2018-0920-02, 9-20-2018; Ord. No. 2021-0415-01, 4-15-2021; Ord. No. 2022-0317-01, 3-17-2021)

A.

Where the corporate boundaries may change due to annexation or some other means, the zoning of properties annexed into the city limits shall follow the procedures as outlined in state law.

B.

In any event, when city council shall deny a request to annex property into the city limits, such property shall not be subject to an annexation request for annexation into the city limits until a minimum of 12 months from the effective date of such denial.

C.

In any event, when the boundaries of the city's corporate limits change, they shall be reflected on the official zoning map within seven days of approval by city council.

D.

Application and public hearing requirements for annexation requests shall follow the requirements and procedures of sections 105.08.00 and 105.10.00 of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

Any application that proposes a change in the conditions of approval or master plan previously established by the city council through action on a zoning change (i.e. rezoning or conditional use approval) shall be reviewed in light of the standards set forth for a rezoning or conditional use under this chapter. Any such proposed change to a condition of approval is considered a zoning change and is therefore subject to all procedures and provisions of this chapter regarding the approval of zoning changes.

(Ord. No. 2014-18, § 2, 8-21-2014)

Any rezoning, conditional use approval or other governmental action requested by a private party related to a proposed development project that meets or exceeds any of the development thresholds adopted by the Georgia Department of Community Affairs' DRI Alternative Requirements for the Atlanta Regional Commission (effective March 1, 2013) shall be considered a DRI and shall follow the procedures of said alternative requirements.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Amendments to the official zoning map may be proposed by the city council, or the owner or authorized agent of property within the area proposed for change.

B.

Amendments to the text of this UDC may be initiated by any citizen of the city, any owner or authorized agent of property within the city or the city council.

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

A.

Amendments which would cause change to the official zoning map and result in a rezoning of property shall be submitted on rezoning application forms which are available in the community development department.

B.

Each application shall be filed with the community development director at least 30 days prior to the date on which it is to be heard by the planning commission, and in accordance with submittal deadlines established and posted by the community development department.

C.

Each application shall include the published filing fee and shall be accompanied by a receipt from the city clerk attesting that the property taxes on the subject parcel are current. Applications fees are non-refundable. A fee shall not be charged if an official government agency files the application.

D.

Each application shall be accompanied by the following information in accordance with community development department application checklists and supporting documents guides:

1)

Current deed showing title of property owners;

2)

Current legal description;

3)

Current boundary survey;

4)

Copy of current paid tax receipt;

5)

Letter of intent;

6)

Location map of subject property;

7)

Other information required by the city and as indicated on supporting application checklists and supporting documents guides; and

8)

Proposed site plan.

E.

Applications shall not be accepted unless a submittal meeting with a community development department representative is scheduled, the application is complete and is accompanied by all required supporting documents, and all application fees and property taxes on the subject parcel are paid in full.

F.

The director shall post on an annual basis the public hearing calendar in which application deadline dates are declared with accompanying public hearing dates.

G.

An application for an amendment affecting the same property shall not be submitted more often than once every six months. Should an application for amendment result in a denial of request, an amendment shall not be filed or submitted more often than once every 12 months from the date of denial. The established waiting period shall not apply to city council.

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

Editor's note— Ord. No. 2021-0415-01, adopted April 15, 2021, repealed § 105.08.03, which pertained to planning commission review and action and derived from Code 2012; and Ord. No. 2014-18, § 2, 8-21-2014.

Editor's note— Ord. No. 2021-0415-01, adopted April 15, 2021, repealed § 105.08.03, which pertained to planning commission review period and derived from Code 2012; and Ord. No. 2014-18, § 2, 8-21-2014.

The city council at the city council work session shall conduct a public hearing on all matters coming to city council and then shall take appropriate action on the application not later than the next regularly scheduled city council meeting subsequent to the receipt thereof. However, upon motion duly made, seconded and passed by the vote of city council, said application may be postponed at the second regularly scheduled meeting for up to three months. The applicant may request a postponement beyond three months, subject to approval by the city council.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2018-1220-04, 12-20-2018; Ord. No. 2021-0415-01, 4-15-2021)

No member of the planning commission or the mayor or city council shall rule or preside on a matter in which he or she has a monetary interest, directly or indirectly. Should such a matter occur, the affected member shall recuse themselves from the proceedings and such recusal shall be made part of the minutes.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

In accordance with the provisions of this UDC, changes made to the district boundaries or other information portrayed on the official zoning map shall be made on the official zoning map within seven days from the date of such amendment has been approved by city council, together with numerical entry on the official zoning map referring to the application on file which states the date of the official action and description of the nature of the changes. No amendment to this regulation which involves matter portrayed on the official zoning map shall become effective until after such change and entry have been made on said map.

B.

No changes of any nature shall be made on the official zoning map or matter shown thereon except in conformity with the procedures set forth in this UDC. Any unauthorized change of any kind by any person or persons shall be considered a violation of this UDC and is punishable as provided by law.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Conditional uses shall be permitted subject to a determination by the city council and shall conform to the following:

1)

The proposed conditional use shall comply with all regulations of the applicable zoning district as set forth in chapter 102 of this UDC; site planning and project design standards as set forth in chapter 103 of this UDC; and any applicable standards for specific land uses as set forth in chapter 104 of this UDC.

2)

The proposed conditional use shall conform to the character of the neighborhood within the same zoning district in which it is located. The proposal as submitted or modified shall have no more adverse effects on health, safety, or comfort of persons living or working in the neighborhood, or shall be no more injurious to property or improvements in the neighborhood than would any other use generally permitted in the same district. In making such a determination, consideration shall be given to:

a.

The location, type, and height of buildings or structures;

b.

The type and extent of landscaping and screening on the site; and

c.

Whether the proposed use is consistent with any policy of the comprehensive plan that encourages mixed uses and/or densities.

3)

The proposed conditional use shall comply with applicable resource management provisions as set forth in chapter 107 of this UDC.

4)

Adequate utilities shall be provided as set forth in chapters 109, 110 and 111 of this UDC.

5)

Adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads.

6)

The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke, or gas.

7)

The proposed use shall not injure the use and enjoyment of the property in the immediate vicinity for the purposes already permitted nor substantially diminish or impair the property values within the neighborhood.

8)

The proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district.

9)

The establishment, maintenance, or operation of the proposed use shall not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.

10)

The public interest and welfare supporting the proposed use shall be sufficient to outweigh the individual interests that are adversely affected by the establishment of the proposed use.

(Ord. No. 2014-18, § 2, 8-21-2014)

Applications for permission to build, erect, or locate a conditional use shall be submitted and processed in accordance with the regulations set forth in this UDC and will follow the same process as established for rezoning applications, prior to the issuance of any permits.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The director shall establish the public hearing date for which a zoning, variance, master plan, conditional use permit and/or annexation action is to be heard. Said date will be taken from the annually published list of deadline dates for filing zoning, variance, master plan, conditional use permit and/or annexation requests and the accompanying public hearing date.

B.

The director shall cause a public notice to appear in a newspaper of general circulation in the City of Canton with the public hearing date advertised.

1)

Proposed zoning actions, variance requests, conditional use permits, and annexation requests shall be advertised not less than 15 days and no more than 45 days from the date of the public hearing.

2)

Those proposed actions pertaining to annexation of territory into the City of Canton shall be advertised for not less than 15 days nor more than 45 days prior to the public hearing.

C.

For all annexation, zoning, variance, master plan, and conditional use permit cases the community development department shall post a public hearing notice, on or near the right-of-way of the nearest public street no less than 15 days and no more than 45 days prior to the public hearing. Community development department staff shall inspect the subject property to verify that signs are posted throughout the advertising period.

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

Rules governing the public hearing shall be made available as part of the application materials and again made available for the public at the site of the public hearing.

(Ord. No. 2014-18, § 2, 8-21-2014)

The City Council of the City of Canton hereby recognizes the importance of informing the public of changes that result from growth and development. In an effort to better inform the public on matters of annexation, rezoning, master plan applications, master plan modifications, and variances, the applicant of any such request shall contact contiguous property owners and their respective homeowner's association and notify them of their intent. This policy is intended to provide an avenue of open dialogue and discussion between the applicant and the contiguous property owners and their respective established homeowner's association.

A.

Such notification shall be forwarded to all contiguous property owners and their respective homeowner's association utilizing the City of Canton formatted notification letter available from the community development department.

B.

A list of all contiguous property owners and their respective homeowner's association shall be provided within the City of Canton Public Hearing Application.

C.

The City of Canton Department of Planning and Zoning will be responsible for confirming that each contiguous property owner and their respective homeowner's association is listed and hence notified.

D.

One copy of each forwarded notification letter and one copy of a certified certificate of mailing form from the United States Postal Service shall be required to be submitted to the City of Canton Department of Planning and Zoning no less than 15 days prior to the meeting scheduled by the City of Canton Planning Commission/Board of Appeals in which the particular request is to be heard. In turn, the City of Canton Planning Commission/Board of Appeals shall make note of this information and communicate it within the text of their written recommendation for consideration by the city council for their meeting in which final action is to take place.

E.

In the event this policy is not satisfied, the request will be tabled until the next regularly scheduled planning commission/board of appeals meeting. Additional advertisement fees shall apply where applicable.

(Ord. No. 2014-18, § 2, 8-21-2014)

The city council hereby recognize that growth and development can, at times, have an effect on school capacity within the county and therefore recognize the need to share information on developments that have regional impact. In an effort to cooperate with the Cherokee County School Board and share information on residential rezoning requests, master plan applications, and land use modifications to the comprehensive land use plan, the city council hereby encourage open dialogue and meeting between the applicant and the appropriate school board representative.

A.

Therefore, developers whose projects consist of 25 or more residential units shall contact the Cherokee County School Board and communicate with a school board representative to discuss their intent.

B.

This communication between the applicant and the school board shall take place, at a minimum, prior to the planning commission meeting in which the application is scheduled to be heard.

C.

The applicant should be prepared to address such communication if requested by city council at the meeting in which final action is to be taken.

(Ord. No. 2014-18, § 2, 8-21-2014)

The board of appeals (BOA) may authorize upon appeal in specific cases a variance from the terms of this UDC such as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this UDC will result in unnecessary hardship, but where the intent of this UDC shall be observed and substantial justice done. If a variance appeal is in conjunction with other public hearing case(s) such as rezone case, master plan or master plan amendment case, or conditional use permit case, then said variance shall be heard by the Canton City Council in con junction said case.

A.

Such special conditions shall be limited to exceptional narrowness, shallowness, or shape of a specific piece of property existing at the time of the enactment of this UDC, or exceptional topographic conditions, or other extraordinary and exceptional situation or condition of such piece of property as would result in peculiar, extraordinary and practical difficulties.

B.

However, the granting of the variance shall not allow a structure or use in a district restricted against such structure or use, except as specifically provided for in this chapter. No variance shall be authorized unless the BOA finds all of the following conditions exist:

1)

That the special circumstances or conditions applying to the building or land in question are peculiar to such premises and do not apply generally to other land or buildings in the vicinity.

2)

That the granting of the application is necessary for the preservation and enjoyment of a property right and not merely to serve as a convenience to the applicant.

3)

That the condition from which relief or a variance is sought did not result from action by the applicant.

4)

That the authorizing of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire, or imperil the public safety, or unreasonably diminish or impair established property values within the surrounding areas, or in any other respect impair the health, safety, comfort, morals, or general welfare of the inhabitants of the city.

C.

Application procedures shall follow the applicable requirements of section 105.08.02 of this UDC.

D.

Public hearing procedures shall follow the requirements of section 105.10.00 of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2022-0317-03, 3-17-2022; Ord. No. 2024-0404-2, § 9, 4-4-2024)

Editor's note— Ord. No. 2022-0317-03, adopted March 17, 2022, amended § 105.11.01 and in doing so changed the title of said section from "Board of zoning appeal action" to "Variance appeal action," as set out herein.

A.

The community development director shall be authorized to reduce specific site design and development standards of this UDC where the intent of the UDC can be achieved and equal performance obtained by granting a waiver of standards. The authority to grant a waiver shall be limited to the following:

1)

A reduction in the minimum setback requirements for front yards, side yards, corner side yards and rear yards.

2)

An increase in the maximum height requirements for building construction on real property.

3)

A reduction in the minimum off-street parking and loading regulations.

4)

A reduction in the minimum square footage requirements for planted or undisturbed buffers.

5)

An increase in the maximum allowed square footage of accessory dwelling units.

B.

The community development director is hereby vested with the power and authority to allow in his/her sole discretion a variance to the provisions of this UDC as specified in this section which shall not exceed 20 percent from the minimum or maximum required standards provided for in this UDC upon the following conditions being complied with by the applicant for such variance:

1)

The applicant desiring an administrative variance shall file with the community development department an application for administrative variance upon a standard form, which will be supplied by the community development department upon request.

2)

The application shall be completed in its entirety by the applicant and shall be attached thereto before the community development department will accept the same for filing and review.

3)

Payment of the published filing fee shall be required before the community development department will accept the application for filing and review.

4)

The community development director shall render a final decision on any application for administrative variance on or before ten days following the filing acceptance date.

5)

Upon the director's determining that the requested variance does not exceed a 20 percent deviation, and in the event the director determines that such variation if approved will not substantially violate the general requirements of this UDC as set forth in section 101.03.00 of this UDC, then in the director's sole discretion said application for administrative variance may be approved by the director and such approval shall be binding upon the city.

6)

In the event the requested administrative variance exceeds a 20 percent deviation from the required minimum/maximum standards of this UDC, the director shall have no authority to approve such request but shall be required to deny the same.

7)

Upon the director's denial of any application for administrative variance, the applicant shall have the right to appeal such denial to the BOA under the procedures set forth in section 105.14.00.

C.

Upon the director's approving any application for administrative variance, the applicant shall receive and possess a certificate of approval of the variance, signed by the director, and said certificate shall be made part of and recorded with any title change or request for any additional permits.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2024-0404-2, § 9, 4-4-2024; Ord. No. 2025-0821-1, § II, 8-21-2025)

A.

The board of construction adjustments and appeals, when so appealed to and after a hearing, may vary the application of any provision of the construction codes to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the construction codes or public interest, and also finds all of the following:

1)

That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others.

2)

That the special conditions and circumstances do not result from the action or inaction of the applicant.

3)

That granting the variance requested will not confer on the applicant any special privilege that is denied by the construction codes to other buildings, structures or service system.

4)

That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system.

5)

That the grant of the variance will be in harmony with the general intent and purpose of the construction codes and will not be detrimental to the public health, safety and general welfare.

B.

In granting the variance, the board of construction adjustments and appeals may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board of construction adjustments and appeals may prescribe appropriate conditions and safeguards in conformity with the construction codes. Violation of the conditions of a variance shall be deemed a violation of the construction codes.

C.

Notice of appeal shall be in writing and filed within 30 calendar days after the building official renders the decision. Appeals shall be in a form acceptable to the building official. In the case of a building, structure, or service system, which, in the opinion of the building officials, is unsafe, unsanitary or dangerous, the building official may, in his order, limit the time for such notice of appeals to a shorter period.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

This section provides regulations for nonconforming land uses, structures, and parcels that were lawful before the adoption, or amendment of this UDC, but which would be prohibited, regulated, or restricted differently under the current terms of this UDC or an amendment that changed the applicable requirements.

B.

It is the intent of this UDC to discourage the long term continuance of nonconformities other than residential uses, generally providing for their eventual elimination, while allowing them to exist under the limited conditions identified in this section.

(Ord. No. 2014-18, § 2, 8-21-2014)

A nonconforming land use may be continued, including through a transfer of ownership; provided, its continuation shall comply with all requirements contained within section 105.12.00 and:

A.

The use shall not be enlarged or increased, nor be extended to occupy a greater area of land than it lawfully occupied before becoming nonconforming.

B.

A nonconforming land use within a conforming structure may be expanded or replaced with a similar use upon approval by the director, as follows:

1)

A nonconforming use within a portion of a structure may be extended throughout the structure; and

2)

A nonconforming use within a structure may be changed to another nonconforming use of the same type, or a use that is required by this UDC to have less parking; except that if a nonconforming use is changed to a conforming use, no nonconforming use may be established thereafter.

(Ord. No. 2014-18, § 2, 8-21-2014)

A nonconforming structure may be continued, including through a transfer of ownership; provided, its continuation shall comply with all requirements contained in section 105.12.00 and:

A.

A nonconforming nonresidential or multi-family structure may be enlarged, extended, reconstructed, or relocated on the site upon approval by the director, if the changes comply with all applicable provisions of this UDC; provided that the director first finds that the additional work is compatible with neighboring uses and would not adversely impact neighboring properties; and

B.

A single dwelling, including its garage, that is nonconforming with respect to setback requirements, height limits, or other development standards may undergo interior modifications in compliance with building code requirements without limitation by this chapter. Exterior modifications that go beyond the prior structure footprint may be allowed as follows:

1)

The director may approve an addition to a nonconforming single-family dwelling where the addition complies with applicable setback requirements; and

2)

An addition that encroaches into a required setback no further than an existing nonconforming portion of the structure may be allowed upon approval of the director; provided, the addition is less than 25 percent of the total floor area of the existing structure; it complies with building code requirements; and the director first determines that the addition will not adversely affect any neighboring property.

C.

Within a residential district, a nonconforming accessory structure within a rear yard may be converted to an accessory dwelling unit, and a nonconforming residential structure within a rear yard may be rehabilitated and expanded; provided, that:

1)

The height of the structure does not exceed one story;

2)

The conversion and/or expansion complies with subparagraph B.2, above; and

3)

The converted second unit complies with the standards for accessory dwellings identified in chapter 104 of this UDC.

D.

A nonconforming structure may undergo ordinary maintenance and repair.

E.

A nonconforming structure may undergo alterations, reconstruction, or repair to comply with building code requirements; provided, the work is exclusively to comply with the building code, and does not change the structure's footprint or height.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

An involuntarily damaged or destroyed single- or multi-unit nonconforming dwelling may be reconstructed or replaced with a new structure with the same footprint, height, and number of dwelling units, in compliance with current building and fire code requirements.

B.

Substantial expansion, rehabilitation, or renovation of an existing dwelling unit in a district where residences are a nonconforming use may be allowed with plan review approval, in compliance with this UDC. Substantial expansion, rehabilitation, or renovation occurs when at least 25 percent of the floor area of the existing residential structure is proposed to be added to the structure and/or a building permit for construction valued at 50 percent or more of the assessed value of the structure before expansion, rehabilitation, or renovation is requested.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Termination by discontinuance.

1)

If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of six months or more, all rights to legal nonconforming status shall terminate.

2)

The director shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation.

3)

The director may grant an extension of the six-month period for a period not to exceed an additional six months if the director finds that circumstances of a significant or unusual nature prevent or have prevented the timely reestablishment of the use or structure.

4)

Once the rights to a legal nonconforming status have terminated, any further use of the site or structure shall comply with the regulations of the applicable zoning district and all other applicable provisions of this UDC.

B.

Termination by destruction.

1)

Residential uses. See section 105.12.04.A.

2)

Non-residential uses. Nonconforming status shall terminate if a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed, with the exception that a structure may be restored to no more than the same size and use, and the use continued if the following conditions are met:

a.

The cost of repairing or replacing the damaged portion of the structure is 50 percent or less of the assessed value of the structure immediately before damage; and

b.

The restoration is started within six months following the date of damage and is diligently pursued to completion.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

A nonconforming parcel that does not comply with the requirements of this UDC shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the director by evidence furnished by the applicant:

1)

The parcel was created by a recorded subdivision;

2)

The parcel is under one ownership and was legally created by a recorded deed before the effective date of the amendment that made the parcel nonconforming;

3)

The parcel was approved through the variance procedure or resulted from a lot line adjustment; or

4)

The parcel was created in compliance with the provisions of this UDC, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than 20 percent and the yard facing a public right-of-way was decreased not more than five percent.

B.

No subdivision shall be approved that would increase the nonconformity of an existing parcel.

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

A.

No building, sign, or other structure shall be erected, moved, added to or structurally altered, and no land-disturbing activity performed, without a permit therefor, issued by the community development director.

B.

No such permits shall be issued by the community development director except in conformity with the provisions of this UDC, unless the applicant receives a variance as provided by this UDC.

C.

It shall be further stipulated that all sign permits shall be issued in accordance with the provisions of the building code or other laws in effect. Unlawful signs shall be made to comply with all regulations or shall be removed in accordance with the appropriate provisions set forth in the building code or this UDC.

D.

No permit required for work that is regulated by the construction codes shall be issued except in conformity with the provisions of chapter 108 of this UDC.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

All applications for land use permits, sign permits, and temporary certificates of zoning compliance shall be accompanied by plans in duplicate drawn to scale, showing:

1)

The actual dimensions and shape of the lot to be built upon;

2)

The exact sizes and locations on the lot of buildings already existing, if any;

3)

Location of all trees of five inches or larger in caliper measure at diameter breast height; and

4)

The location and dimensions of the proposed building or alteration.

B.

The application shall include such other information as lawfully may be required by the community development director, including:

1)

Existing or proposed building or alteration;

2)

Existing or proposed uses of the building and land;

3)

The number of families, housekeeping units, or rental units the building is designed to accommodate;

4)

Conditions existing on the lot; and

5)

Such other matters as may be necessary to determine conformance with and provide for the enforcement of this UDC.

C.

One copy of said plans shall be returned to the applicant by the community development director, after he shall have marked such copy either as approved or disapproved and attested to same by his signature on such copy. The original copy of the plans, similarly marked, shall be retained by the community development director.

(Ord. No. 2014-18, § 2, 8-21-2014)

It shall be unlawful to use or occupy or permit the use or occupancy of any building, or premises, or both, or parts thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy shall have been issued therefor by the building official stating that the proposed use of the building or land conforms to the requirements of this UDC and other codes and ordinances adopted by the City of Canton.

(Ord. No. 2014-18, § 2, 8-21-2014)

If work described in any permit has not begun within a six-month period from the date of issuance of said permit, it shall be considered expired. Said permit shall be canceled by the community development director and shall be committed to writing notifying the permittee of said cancellation.

(Ord. No. 2014-18, § 2, 8-21-2014)

Should any party find themselves adversely affected by the decision of the director, said party shall first commit their rebuttal in writing to the director for his review. In the event the decisions remains the same and unchanged for a period of 30 days from the date of the submissions of the rebuttal, the aggrieved party may then appeal said decision to the Canton Board of Appeals (BOA).

A.

Such appeal must be submitted within the later of: (i) 60 days from the party's submission of the rebuttal or (ii) within 30 days from the director's written response to the party's rebuttal, by filing with the director and with the BOA a notice of appeal specifying the grounds thereof.

B.

The director shall forthwith transmit to the BOA all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the director certifies to the BOA, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the BOA or by a court of record on application or notice to the director and on due cause shown.

C.

The BOA shall fix a reasonable time for the hearing of an appeal taken within the time specified herein, give public notice thereof, as well as due notice to all adjacent property owners, and decide the same within a reasonable time. Upon the hearing of such appeal, any party may appear in person, or by agent or attorney.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2024-0404-2, § 9, 4-4-2024)

A.

Any judgement or decision of the BOA is conclusive insofar as the individual appeal decided or the decision rendered may not be re-appealed to the BOA.

B.

Any party aggrieved by any decision of the BOA may take an appeal to the city council, by submitting a letter of appeal to the community development director no later than ten days after the BOA decision has been rendered.

C.

City council discretion to review. The letter of appeal shall be placed on an agenda at the city council's next regularly scheduled meeting, and the city council shall determine at such meeting whether it will consider the appeal. If the city council decides that it will consider the appeal, the appeal shall then be placed on the agenda at the first city council meeting to be held with sufficient time to provide notice with state law and the City of Canton Unified Development Code for the conduct of a public hearing. A denial of a review by the city council shall be an affirmation of the decision of the BOA, and shall constitute the final decision of the city council.

D.

Public hearing for appeal. When hearing an appeal, the city council shall conduct a public hearing to receive oral or written evidence from the appellant, from the affected property owners, and from other interested parties as determined by the city council in its discretion. The city council shall confine the evidence to matters set forth in the decision of the BOA, the minutes of the BOA, and the applicant's notice of appeal. The proceedings shall be recorded and shall be open to the public.

E.

Decision of city council. Upon conclusion of the public hearing, the city council shall consider the matter(s) under appeal and its action concerning the decision being reviewed. The city council's decision shall be announced either in a public meeting, following the hearing or at any other scheduled meeting. The decision of the city council shall be in writing and shall: (a) affirm the decision of the BOA, (b) return the matter to the BOA for reconsideration, with or without direction, or (c) take such action by way of relief to the applicant as the city council deems appropriate and lawful. The decision of the city council shall be included in its meeting minutes and a written report thereof shall be sent to the appellant. Upon conclusion of the case or application, the community development director shall retain the record and all matters adduced at the city council.

F.

Appeal to superior court. Appeal of a decision of the city council shall be to the Superior Court of Cherokee County by writ of certiorari within 30 days of the date of the decision.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2017-0615-01, 6-15-2017; Ord. No. 2018-0920-02, 9-20-2018; Ord. No. 2019-0418-02, 4-18-2019; Ord. No. 2024-0404-2, § 9, 4-4-2024)

Editor's note— Ord. No. 2024-0404-2, § 9, adopted April 4, 2024, amended § 105.14.02 and in doing so changed the title of said section from "Appeal from Canton Board of Zoning Appeals decision" to "Appeal from Canton Board of Appeals decision," as set out herein.

The word "board" when used in this section shall mean the board of construction adjustment and appeals.

A.

Any judgement or decision of the board is final and may not be reconsidered by the board.

B.

Any party aggrieved by any decision of the board may take an appeal to the city council, by submitting a letter of appeal to the community development director no later than ten days after the board's decision has been rendered.

C.

City council discretion to review. The letter of appeal shall be placed on the agenda at the city council's next regularly scheduled meeting, and the city council shall determine at such meeting whether it will consider the appeal. If the city council decides that it will consider the appeal, the appeal shall then be placed on the agenda at the first city council meeting to be held with sufficient time to provide notice in accordance with state law and the City of Canton Unified Development Code for the conduct of a public hearing. A denial of a review by the city council shall be an affirmation of the decision of the board's decision, and shall constitute the final decision of the city council.

D.

Public hearing for appeal. When hearing an appeal, the city council shall conduct a public hearing to receive oral or written evidence from the appellant, from affected property owners, and from other interested parties as determined by the city council in its discretion. The city council shall confine the evidence to matters set forth in the decision of the board, the minutes of the board, and the applicant's notice of appeal. The proceedings shall be recorded and shall be open to the public.

E.

Decision of the city council. Upon conclusion of the public hearing, the city council shall consider the matter(s) under appeal and its action concerning the decision being reviewed. The city councils decision shall be announced either in a public meeting, following the hearing or at any other scheduled meeting. The decision of the city council shall be in writing and shall: (a) affirm the decision of the board, (b) return the matter to the board for reconsideration, with or without direction, or (c) take such action by way of relief to the applicant as the city council deems appropriate and lawful. The decision of the city council shall be included in its meeting minutes and a written report shall be sent to the appellant. Upon conclusion of the case or application, the community development director shall retain the record and all matters adduced at the city council.

F.

Appeal to superior court. Appeal of a decision by the city council shall be to the Superior Court of Cherokee County by writ of certiorari within 30 days of the date of the decision.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2017-0615-01, 6-15-2017; Ord. No. 2018-0920-02, 9-20-2018; Ord. No. 2019-0418-02, 4-18-2019)

Any party aggrieved by any decision or determination by the mayor and city council and/or the municipal judge of the City of Canton in the enforcement of this UDC may take an appeal directly to the Cherokee County Superior Court within 30 days after said decision is rendered.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

The owner of a building, structure or service system, or his duly authorized agent, may appeal a decision of the building official to the board of appeals whenever any one of the following conditions are claimed to exist:

1)

The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system.

2)

The provisions of the construction codes do not apply to this specific case.

3)

That an equally good or more desirable form of installation can be employed in any specific case.

4)

The true intent and meaning of the construction codes or any of the regulations thereunder have been misconstrued or incorrectly interpreted.

B.

Notice of appeal shall be in writing and filed within 30 calendar days after the building official renders the decision. Appeals shall be in a form acceptable to the building official. In the case of a building, structure, or service system, which, in the opinion of the building officials, is unsafe, unsanitary or dangerous, the building official may, in his order, limit the time for such notice of appeals to a shorter period.

(Ord. No. 2014-18, § 2, 8-21-2014; Ord. No. 2020-0917-01, 9-17-2020)

A.

It shall be the duty of the community development director to enforce the provisions of this UDC. The director is further authorized to ensure compliance of this UDC and to prevent violation of its provisions.

B.

It shall be the duty of the building official to enforce the provisions of the construction codes.

C.

It shall be the duty of the codes official to enforce the provisions of the property maintenance codes.

(Ord. No. 2014-18, § 2, 8-21-2014)

A.

Violation of unified development code.

1)

Any firm, person or corporation who shall do anything prohibited by the regulations of this UDC as the same exist or as they may hereafter be amended or who shall fail to do anything required by these regulations as they now exist or as they may hereafter be amended is hereby declared to be guilty of a misdemeanor and shall be punished as provided by law. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the UDC is committed or continued, and upon conviction of any such violation such person shall be punished within the limits and as provided by law.

2)

If the director shall find that any of the provisions of this UDC are being violated he/she shall notify in writing the person responsible for such violation(s), indicating the nature of the violation(s) and ordering the action necessary to correct it.

B.

Violation of construction codes. Any person, firm, corporation or agent who shall violate a provision of the construction codes, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected, constructed, altered, repaired, moved or demolished a building, electrical, gas, mechanical or plumbing system, in violation of a detailed statement or drawing submitted and permitted thereunder, shall be guilty of a misdemeanor. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the construction codes is committed or continued, and upon conviction of any such violation such person shall be punished within the limits and as provided by state laws.

1)

Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of the construction codes, or whenever the building official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the building official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by the construction codes, provided that if such building or premises is occupied, he shall first present proper credentials and request entry.

a.

If such building, structure, or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the building official shall have recourse to every remedy provided by law to secure entry.

b.

When the building official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to the construction codes.

2)

Stop work orders. Upon notice from the building official, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of the construction codes or in a dangerous or unsafe manner, shall immediately cease.

a.

Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed.

b.

If a person cannot be located the notice may be posted in a conspicuous place on the premises.

c.

The stop work order posted shall serve as written notice.

d.

Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work.

3)

Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems.

C.

Violation of property maintenance code.

1)

Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of the property maintenance code.

2)

Shared responsibility. Whenever the property maintenance code places responsibility or makes a requirement upon an occupant, tenant, lessee, renter, etc., the failure on their part to correct the violation(s) shall cause the responsibility to become that of the property owner and the owner may be issued notices and/or issued citations as prescribed in this section.

3)

Right of entry. Where it is necessary to make an inspection to enforce the provisions of the property maintenance code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of the property maintenance code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by the property maintenance code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry.

4)

Notice of violation, order, or citation. The code official shall serve a notice of violation, an order or a citation in accordance with this chapter or as otherwise prescribed in state law or city ordinance.

a.

Notice to person responsible. Whenever the code official determines that there has been a violation of the property maintenance code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in this UDC (or other state laws and local ordinances) to the person responsible for the violation. Whenever the property maintenance code places responsibility or makes a requirement upon an occupant, tenant, leasee, renter, etc., the failure on their part to correct the violation(s) shall cause the responsibility to become that of the property owner and the owner may be issued notice and/or issued citations as prescribed herein.

b.

Form. Such notice shall be in accordance with all of the following:

i.

Be in writing.

ii.

Include a description of the real estate sufficient for identification.

iii.

Include a statement of the violation or violations as to why the notice is being issued.

iv.

Include a correction order allowing a reasonable time (as determined by the code official or stated elsewhere in this code) to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of the property maintenance code.

c.

Method of service. Such notice shall be deemed to be properly served if a copy thereof is:

i.

Delivered personally; or

ii.

Sent by certified or first-class mail addressed to the last known address; or

iii.

If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice; or

iv.

As prescribed by other state laws or local ordinances.

d.

Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authorization from the code official.

e.

Penalties. Penalties for noncompliance with orders and notices shall be as set forth in this section.

f.

Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.

5)

Unsafe structures and equipment. When a structure is found by the code official to be unsafe or unfit for human occupancy, or is found unlawful, such structure shall be posted as "unfit for human occupancy" pursuant to the provisions of this section. When equipment is found by the code official to be unsafe such equipment shall be posted pursuant to the provisions of this section.

a.

Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. When a structure is found by the building official to be unsafe, or unfit for human occupancy or is found unlawful, such structure shall be posted and shall be remedied by demolition or repair.

b.

Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. When equipment is found by the code official to be unsafe, or unfit for human occupancy, or is found unlawful, such equipment shall not be in service or in use pursuant to the provisions of this section.

c.

Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the building official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities, or the proper connection to an electrical power source supplying at least 60 amperes of electricity to the main panel, or a proper connection to a source of potable water, or other essential equipment required by the property maintenance code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

i.

The required electric and water source shall not come from adjoining properties under a different ownership, but shall always be supplied from a public or private utility or a source derived on the site of the building, residence or structure being served.

ii.

All connections to electric and/or potable water sources must also meet the requirements of the National Electric Code and the International Plumbing Code in force at the time such connections were made, or the current adopted version of these codes.

d.

Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this UDC, or was erected, altered or occupied contrary to law.

e.

Dangerous structure or premises. For the purpose of this UDC, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous:

i.

Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.

ii.

The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.

iii.

Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.

iv.

Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads.

v.

The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way.

vi.

The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.

vii.

The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.

viii.

Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building, electrical, plumbing, fuel gas, mechanical, life safety or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.

ix.

A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

x.

Any building or structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health.

xi.

Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.

6)

Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the nature of the unsafe condition.

D.

Remedies for unified development code violations.

1)

In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is or is proposed to be used in violation of any provision of this UDC, the community development director, city attorney or other appropriate authority of the city or any adjacent or neighboring property owner who would be especially damaged by such violation may, in addition to other remedy, institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate such violation, or to prevent the occupancy of such building, structure or land.

2)

Where a violation of this UDC exists with respect to a structure or land, the community development director may, in addition to other remedies, notify all public utilities and city service departments of such violation and request that service be withheld there from until such time as the structure or premises are no longer in violation of these regulations.

3)

The director shall have the authority to order a discontinuance of any illegal use of land, buildings, or structures, removal of illegal buildings or structures or of any illegal additions, alterations, structural changes, or any other illegal work on site.

E.

Remedies for construction codes violations.

1)

The building official may revoke a permit or approval, issued under the provisions of the construction codes, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.

2)

The building official may revoke a permit upon determination by the building official that the construction erection, alteration, repair, moving, demolition, installation or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of the construction codes.

3)

All unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the International Property Maintenance Code.

F.

Remedies for property maintenance code violations.

1)

Generally.

a.

Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with this chapter or other state law or local ordinances shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

b.

Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

c.

Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.

2)

Remedies, unsafe structures and equipment.

a.

Notice. Whenever the building official has deemed equipment to be unsafe under the provisions of this section, notice shall be posted in a conspicuous place in or about the equipment affected by such notice and served on the owner or the person responsible for the equipment in accordance with section 105.15.02.C.f of this UDC.

b.

Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the building official shall post on the premises or on defective equipment a placard bearing the word(s) "unsafe," or "unfit for use," or "unfit for human habitation" and shall include a statement of the unlawfulness for occupying the premises, operating the equipment or removing the placard.

i.

Placard removal. The building official shall remove the placard whenever the defect or defects upon which the condemnation and/or placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the building official shall be subject to the penalties provided by this UDC as well as with other city ordinances and state laws.

ii.

Prohibited occupancy. Any occupied structure placarded by the code official or the building official shall be vacated.

iii.

Official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall allow anyone to occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this UDC.

c.

Closing of vacant structures.

i.

If the structure deemed by the building official unfit for human habitation and occupancy, the code official is authorized to post a placard of "unfit for human habitation" on the premises and order the structure repaired and/or closed up so as not to be an attractive nuisance.

ii.

Upon failure of the owner to repair and/or close up the premises within the time specified in the order, the code official shall cause the premises to be repaired and/or closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.

iii.

Unless specifically approved by the canton city council and/or the city manager, the closing and securing of any particular property shall not be accomplished by the boarding up of windows, doors or walls instead of repairing and locking them. Also, boarding may not be done in lieu of complying with any other section of this UDC or other city ordinance unless specifically approved by the Canton City Council and/or city manager and unless done in the manner prescribed by them.

d.

Authority to disconnect service utilities.

i.

The code official, upon written recommendation of the building official, shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by the property maintenance code and the referenced codes and standards therein in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without proper approval.

ii.

The code official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner or occupant of the building structure or service system shall be notified as soon as practical thereafter.

e.

Abatement methods. The owner, operator or occupant of a building, premises or equipment deemed unsafe by the code official or the building official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.

(Ord. No. 2014-18, § 2, 8-21-2014)

The remedies herein provided shall not be deemed to be exclusive but shall be cumulative of all other remedies provided by law.

(Ord. No. 2014-18, § 2, 8-21-2014)