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Canton City Zoning Code

ARTICLE A

General Provisions

Section 9-4001 Authority and enactment clause.

   The Board of Aldermen of the Town of Canton, in pursuance of the authority granted by the General Statutes of North Carolina, particularly Chapter 160D-101, and for the purpose of promoting the health, safety, morals, convenience, order, prosperity or the general welfare of the Town; securing safety from fire, panic, and other dangers; preventing the over-crowding of land; avoiding undue concentration of population; facilitating the adequate provisions of transportation, water, sewerage, schools, and other public requirements; conserving the value of buildings and encouraging the most appropriate use of land and buildings throughout the Town, all in accordance with a comprehensive plan; the Board of Aldermen of the Town of Canton, North Carolina, does ordain and enact into law the following articles and sections.
(Amended by Ord. of 12/10/20; Amended by Ord. of 6/24/21)

Section 9-4002 Short title.

   This chapter shall be known and may be cited as the Zoning Ordinance of the Town of Canton, North Carolina.
(Amended by Ord. of 6/24/21)

Section 9-4003 Jurisdiction.

   The provisions of this chapter shall apply within the corporate limits and within the extraterritorial jurisdiction of the Town of Canton as established on the official zoning map, Town of Canton, North Carolina. The map and all other explanatory matter thereon accompanies and is hereby made a part of this chapter; it shall be on file in the office of the Town clerk.
(Amended by Ord. of 9/15/87; Amended by Ord. of 6/24/21)

Section 9-4004 Definitions of terms.

   (a)   For the purpose of interpreting this chapter, certain words or terms are herein defined. Except as defined herein, all other words used in this chapter shall have their customary dictionary definition.
   (b)   Interpretation of certain terms and words.
   (1)   Words used in the present tense include the future tense.
   (2)   Words used in the singular number include the plural, and words used in the plural number include the singular.
   (3)   The word person includes a firm, association, organization, partnership, corporation, trust and company, as well as an individual.
   (4)   The word lot includes the word plot or parcel.
   (5)   The word building includes the word structure.
   (6)   The word shall is always mandatory and not directory.
   (7)   The words used or occupied as applied to any land or buildings shall be construed to include the words intended, arranged, or designed to be used or occupied
   (8)   The word map, zoning map, or Canton Zoning Map shall mean the “Official Zoning Map of Canton, North Carolina.”
   (c)   Definitions.
   (1)   Administrative decision. Decisions made in the implementation, administration, or enforcement of development regulations that involve the determination of facts and the application of objective standards set forth in this Chapter. These are sometimes referred to as "ministerial" decisions or "administrative determinations."
   (2)   Administrative hearing. A proceeding to gather facts needed to make an administrative decision.
   (3)   Administrator. Person or persons appointed or assigned by the Board of Aldermen to implement this Chapter. May also be referred to as staff.
   (4)   Antenna Array. One or more rods, panels, discs or similar devices used for the transmission or reception of wireless communication signals, which may include omni- directional antenna (rod), directional antenna (panel), or parabolic antenna (disc).
(Ord. of 8/24/99)
   (5)   Attached wireless communication facility. An antenna array that is attached to an existing building or structure (attachment structure), which structures shall include but not be limited to utility poles, signs, water towers, rooftops, towers with any accompanying pole or device which attaches the antenna array to the existing building or structure and associated connection cables, and an equipment facility which may be located higher inside or outside of the attachment structure.
(Ord. of 8/27/99)
   (6)   Beach bingo games. Bingo games that have prizes of $10 or less, or merchandise that is not redeemable for cash and that have a value of $10 or less.
   (7)   Bedroom. A fully enclosed interior room as shown on the building plan for the structure having, as a minimum, a doorway, window and closet.
   (8)   Billboard. See Sign, outdoor advertising.
   (9)   Boardinghouse. A building where, for compensation, lodging and/or meals are provided for not more than 14 persons and not less than 4 persons.
   (10)   Bona fide farm. Agricultural uses which, for purposes of determining whether a property is being used for bona fide farm purposes, may provide any of the following:
   a.   A farm sales tax exemption certificate issued by the Department of Revenue.
   b.   A copy of the property tax listing showing that the property is eligible for participation in the present-use value program pursuant to G.S. 105-277.3.
   c.   A copy of the farm owner's or operator's Schedule F from the owner's or operator's most recent federal income tax return.
   d.   A forest management plan.
   (11)   Building. Any structure used or intended for supporting or sheltering any use or occupancy.
   (12)   Building, accessory. A detached building subordinate to the main building on a lot and used for purposes customarily incidental to the main or principal building located on the same lot therewith.
   (13)   Building, principal. A building in which is conducted the principal use on the lot on which the building is located.
   (14)   Building setback line. A line delineating the minimum distance between the property line and a building on a lot, within which no building or other structure shall be placed except as otherwise provided.
   (15)   Child care center (more than 8 children). An individual, agency, or organization providing supervision or care on a regular basis for more than eight (8) children who are not related by blood or marriage to, and who are not the legal wards or foster children of, the supervising adults; and who are not residents in the center. Such center shall be designed and approved to accommodate the number of children attending and/or enrolled at the center during hours of operation, based on North Carolina state regulations. For the purpose of this chapter, child care centers are not allowed as an accessory to residential use. (Ord. of 12/10/15)
   (16)   Commercial recreation center. Any building used primarily for commercial recreation purposes. Commercial recreation purposes include such uses as coin-operated pool, bumper pool tables, various types of pinball games, air hockey games, and similar types of non-gambling games and activities operated for a profit designed for the amusement and entertainment of the general public. Commercial recreation centers shall not contain any non-coin operated regulation size pool or billiard tables.
(Ord. of 2/28/78)
   (17)   Conditional zoning. A legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment.
   (18)   Construction office, temporary. A structure, housing the field office operations for the construction of a building or group of buildings being built simultaneously. The temporary construction office shall be located on the actual construction site and must be removed immediately upon completion of construction.
   (19)   Customary home occupation. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof, and in connection with which there is no display, and no person, not a resident on the premises, is employed specifically in connection with the activity, except that not more than one assistant may be employed by the following home occupations: lawyer, physician, dentist and chiropractor. Provided further that no mechanical equipment is installed or used except such as is normally used for domestic or professional purposes, and that not over 25 percent of the total floor space of any structure is used for home occupations.
   (20)   Determination. A written, final, and binding order, requirement, or determination regarding an administrative decision.
   (21)   Developer. A person, including a governmental agency or redevelopment authority, who undertakes any development and who is the landowner of the property to be developed or who has been authorized by the landowner to undertake development on that property.
   (22)   Development. Unless the context clearly indicates otherwise, the term means any of the following:
   a.   The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure.
   b.   The excavation, grading, filling, clearing, or alteration of land.
   c.   The subdivision of land as defined in G.S.160D-802.
   d.   The initiation or substantial change in the use of land or the intensity of use of land.
   This definition does not alter the scope of regulatory authority granted by this Chapter.
   (23)   Development approval. An administrative or quasi-judicial approval made pursuant to G.S. 160D, that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. Development approvals include, but are not limited to, zoning permits, site plan approvals, special use permits, variances, and certificates of appropriateness. The term also includes all other regulatory approvals required by regulations adopted pursuant to G.S. 160D, including plat approvals, permits issued, development agreements entered into, and building permits issued.
   (24)   Development regulation. A unified development ordinance, zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, mountain ridge protection regulation, stormwater control regulation, wireless telecommunication facility regulation, historic preservation or landmark regulation, housing code, State Building Code enforcement, or any other regulation adopted pursuant to G.S. 160D, this Chapter, or a local act or charter that regulates land use or development.
   (25)   Dwelling. Any building, structure, manufactured home or mobile home, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
   (26)   Dwelling unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
   (27)   Dwelling, single- family. A building arranged or designed to be occupied exclusively by one family.
   a.   Attached. A residential structure on an individual lot, designed to house a single-family unit, with a private outside entrance and sharing at least one common wall with another unit.
   b.   Detached. A residential structure on an individual lot, designed to house a single-family unit, with private outside entrance, but without common walls between the dwellings.
   (28)   Dwelling, single-family. A building arranged or designed to be occupied exclusively by one family.
   (29)   Dwelling, two-family. A building arranged or designed to be occupied by two families living independently of each other.
   (30)   Dwelling, multi-family. A building or portion thereof used or designed as a residence for three or more families living independently of each other and doing their cooking therein, including apartments, apartment hotels, and group houses.
   (31)   Equipment facility. Any structure used to contain ancillary equipment for a wireless communication facility which includes cabinets, shelters, a building made out of an existing structure, pedestals, and other similar structures.
(Ord. of 8/24/99)
   (32)   Evidentiary hearing. A hearing to gather competent, material, and substantial evidence in order to make findings for a quasi-judicial decision required by a development regulation adopted under this Chapter.
   (33)   Familial relationship. A spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.
   (34)   Family Care Home. A home with support and supervisory personnel that provides room and board, personal care, and habilitation services in a family environment for not more than six resident handicapped persons.
(Ord. of 9/15/87)
   (35)   Flea market. A swap shop, merchandise market, or similar activity by whatever name, or those which involve the setting up and renting or charging for booths, tables, platforms, racks, or similar display area for the purpose of selling or buying merchandise, goods, material, products, or other items offered for sale.
   (36)   Flood. A general and temporary condition of partial or complete inundation of normally dry areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.
   (37)   Flood, base. The flood having a one (1) percent chance of being equaled or exceeded in any given year.
   (38)   Flood insurance rate map (FIRM). An official map of a community, issued by FEMA, on which both the special flood hazard areas and the risk premium zones applicable to the community are delineated.
   (39)   Floodplain. Any land area susceptible to being inundated by water from any source.
   (40)   Floodway. The channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
   (41)   Group project. Two or more principal buildings constructed on a plot of ground of at least two acres not subdivided into the customary streets and lots. (May be permitted as a conditional district by the Board of Aldermen, but shall comply with all the provisions set forth in Article I, Section 9-4076 of this chapter.)
   (42)   Handicapped person. A person with a temporary or permanent physical, emotional, or mental disability including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances, and orthopedic impairments, but not including mentally ill persons who are dangerous to others as defined in G.S. 122-58.2(1)b. (Ord. of 9/15/87)
   (43)   Internet access/sweepstakes provider. Any for-profit business having as an incidental or minor part (less than 15% of gross income) of its operation the running of one or more games or processes with any of the following characteristics:
   a.   For payment, directly or as an intended addition to the purchase of a product, the customer receives one or more electronic sweepstakes tickets, cards, tokens, or similar items entitling or empowering the customer to enter a sweepstakes, and without which item the customer would be unable to enter the sweepstakes, or
   b.   For payment, directly or as an intended addition to the purchase of a product the customer can request a no purchase necessary free entry of one or more sweepstakes tickets or other item entitling the customer to enter a sweepstakes. (Ord. of 1/12/10)
   (44)   Junk yard. A lot, land or structure or part thereof, used primarily for the collecting, storage and sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling; storage and/or salvaging of machinery or vehicles not in operating condition and for the sale of parts thereof.
   (45)   Legislative decision. The adoption, amendment, or repeal of a regulation under this Chapter or an applicable local act. The term also includes the decision to approve, amend, or rescind a development agreement consistent with the provisions of G.S. 160D, Article 10.
   (46)   Legislative hearing. A hearing to solicit public comment on a proposed legislative decision.
   (47)   Lot. A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same.
   (48)   Lot depth. The mean horizontal distance between front and rear lot lines.
   (49)   Lot of record. A lot which is a part of a subdivision, a plat of which has been recorded in the Office of the County Register of Deeds, or a lot described by metes and bounds, the description of which has been so recorded.
   (50)   Lot width. The distance between side lot lines measured at the building line.
   (51)   Manufactured home. A dwelling unit that is not constructed in accordance with the standards of the North Carolina Uniform Residential Building Code for one and two-family dwellings; is composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis; and exceeds 40 feet in length and 8 feet in width. (Ord. of 7/26/94)
   (52)   Modular housing. A form of manufactured housing that meets the construction standards of the North Carolina Uniform Residential Building Codes for one and two-family dwellings regardless of how the unit or its components are transported to the site.
(Amended by Ord. of 9/15/87)
   (53)   Nonconforming use. A structure or land lawfully occupied by an existing use which does not conform with the permitted uses for the zoning district in which it is situated, either at the effective date of this chapter, or as the result of subsequent amendments to this chapter.
   (54)   Parking space. An area of not less than 10 feet by 20 feet, plus the necessary access space. Parking space(s) shall be provided with vehicular access to a street or alley; shall not be provided in a required front yard area; and shall always be located outside the dedicated street right-of-way.
   (55)   Planning and development regulation jurisdiction. The geographic area defined in this chapter within which the Town may undertake planning and apply the development regulations authorized by this chapter.
   (56)   Pool or billiard hall. Any building used primarily for the purpose of playing pool or billiards and related games on a non-coin operated regulation size pool or billiard table.
(Ord. of 2/28/78)
   (57)   Quasi-judicial decision. A decision involving the finding of facts regarding a specific application of a development regulation and that requires the exercise of discretion when applying the standards of the regulation. The term includes, but is not limited to, decisions involving variances, special use permits, certificates of appropriateness, and appeals of administrative determinations. Decisions on the approval of subdivision plats and site plans are quasi-judicial in nature if the regulation authorizes a decision-making board to approve or deny the application based not only upon whether the application complies with the specific requirements set forth in the regulation, but also on whether the application complies with one or more generally stated standards requiring a discretionary decision on the findings to be made by the decision-making board.
   (58)   Recreational vehicle. Any vehicle, self-propelled or otherwise, which is designed for transient, nonpermanent living, including structures mounted on auto, truck, or bus bodies that are referred to as campers.
   (59)   Retail business. Establishments selling commodities in small quantities to the consumer.
   (60)   Retail services. Establishments providing intangible needs for immediate uses.
   (61)   Sign. A structure or part thereof displayed for the purpose of conveying some information, knowledge or idea to the public.
   (62)   Sign, advertising. A sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered elsewhere than on the premises and only incidentally on the premises if at all.
   (63)   Sign, advertising: incidental or accessory. A non- illuminated professional or announcement sign not exceeding three square feet in area and attached wholly to a building; or a non-illuminated sign pertaining only to the rent, lease or sale of the premises upon which displayed and which does not exceed four square feet in area except for multi-family complexes and mobile home parks which may have non-flashing illuminated signs not exceeding 12 square feet; or a sign or bulletin board not exceeding 12 square feet in area upon the premises of a church or other institution for the purpose of displaying the name of the church or institution and the activities or services may not have flashing illumination.
   (64)   Sign, business. A sign which directs attention to a business or profession conducted, or to products sold, on the same lot.
   (65)   Sign, off premises church, lodge, club, or civic or fraternal organization. A sign on which is displayed any information regarding a church, lodge, club, or civic or fraternal organization and is not located on the same lot or tract of land as the organization to which the sign refers.
   (66)   Sign, outdoor advertising. A type of advertising sign with overall display dimensions not in excess of 12 by 25 feet (sometimes called “Billboard”).
   (67)   Sleeping unit. A room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
   (68)   Special flood hazard area. The land in the floodplain subject to a one percent (1%) or greater chance of being flooded in any given year.
   (69)   Special use permit. A permit issued to authorize development or land uses in a particular zoning district upon presentation of competent, material, and substantial evidence establishing compliance with one or more general standards requiring that judgment and discretion be exercised as well as compliance with specific standards. This definition includes permits previously referred to as "conditional use permits" or "special exceptions."
   (70)   Street. A dedicated and accepted public right-of-way for vehicular traffic which affords the principal means of access to abutting properties.
   (71)   Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something having more or less permanent location on the ground.
   (72)   Use. Any activity, occupation, business or operation carried on, or intended to be carried on, in a building or structure or on a tract of land.
   (73)   Variance. A variance is a relaxation of the terms of the this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the this chapter would result in unnecessary and undue hardship.
   (74)   Vehicle. Any machine designed or intended to travel over land by self-propulsion or while attached to any self-propelled vehicle.
   (75)   Wireless communications. Any personal wireless communications services as defined in the Telecommunications Act of 1996, which includes Federal Communications Commission (FCC) licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist.
(Ord. of 8/24/99)
   (76)   Wireless communications facility. Any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of an antenna array, connection cables, an equipment facility and a tower or other supporting structure to achieve the necessary elevation.
(Ord. of 8/24/99)
   (77)   Wireless communications tower. A structure designed and constructed specifically to support an antenna array, and may include monopole, self supporting (lattice) tower, guy-wire- supported tower and other similar structures. Any device (attachment device) which is used to attach a wireless communication facility to an existing building or structure (attachment structure) shall be excluded from the definition of and regulations applicable to wireless communications towers. (Ord. of 8/24/99)
   (78)   Yard. A space on the same lot with a principal building open, unoccupied and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.
   (79)   Yard, front. A yard across the full width of the lot extending from the front line of the building to the front line of the lot.
   (80)   Yard, rear. An open, unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot.
   (81)   Yard, side. An open, unoccupied space on the same lot with a principal building, situated between the building and the side lot line and extending from the rear line of the front yard to the front line of the rear yard.
(Ord. of 7/10/84; Amended by Ord. of 9/26/95; Amended by Ord. of 9/25/01; Amended by Ord. of 1/12/10; Amended by Ord. of 9/27/11; Amended by Ord. of 12/10/20; Amended by Ord. of 6/24/21; Amended by Ord. of 7/28/22)

Section 9-4005 Expansion of extraterritorial jurisdiction.

   When the Town of Canton proposes to exercise extraterritorial jurisdiction under this article it shall notify the owners of all parcels of land proposed for addition to the area of extraterritorial jurisdiction, as shown on the county tax records. The notice shall be sent by first-class mail to the last addresses listed for affected property owners in the county tax records. The notice shall inform the landowner of the effect of the extension of extraterritorial jurisdiction, of the landowner's right to participate in a legislative hearing prior to adoption of any ordinance extending the area of extraterritorial jurisdiction, as provided in G.S. § 160D-601, and the right of all residents of the area to apply to the board of county commissioners to serve as a representative on the Planning Board and the Zoning Board of Adjustment, as provided in G.S. § 160D-303. The notice shall be mailed at least 30 days prior to the date of the hearing. The person or persons mailing the notices shall certify to the Board of Aldermen that the notices were sent by first-class mail, and the certificate shall be deemed conclusive in the absence of fraud.
(Ord. of 6/24/21)

Section 9-4006 Comprehensive plan.

   (a)   As a condition of adopting and applying zoning regulations under G.S. Ch. 160D, the Town shall adopt and reasonably maintain a comprehensive plan that sets forth goals, policies and programs intended to guide the present and future physical, social, and economic development of the jurisdiction. Page 40 Session Law 2019-111 Senate Bill 355.
   (b)   A comprehensive plan is intended to guide coordinated, efficient, and orderly development within the planning and development regulation jurisdiction based on an analysis of present and future needs. Planning analysis may address inventories of existing conditions and assess future trends regarding demographics and economic, environmental, and cultural factors. The planning process shall include opportunities for citizen engagement in plan preparation and adoption.
   (c)   In addition to a comprehensive plan, the Town of Canton may prepare and adopt such other plans as deemed appropriate. This may include, but is not limited to, land-use plans, small area plans, neighborhood plans, hazard mitigation plans, transportation plans, housing plans, and recreation and open space plans. If adopted pursuant to the process set forth in this section, such plans shall be considered in review of proposed zoning amendments.
   (d)   A comprehensive plan may, among other topics, address any of the following as determined by the Town of Canton:
   (1)   Issues and opportunities facing the Town, including consideration of trends, values expressed by citizens, community vision, and guiding principles for growth and development.
   (2)   The pattern of desired growth and development and civic design, including the location, distribution, and characteristics of future land uses, urban form, utilities, and transportation networks.
   (3)   Employment opportunities, economic development, and community development.
   (4)   Acceptable levels of public services and infrastructure to support development, including water, waste disposal, utilities, emergency services, transportation, education, recreation, community facilities, and other public services, including plans and policies for provision of and financing for public infrastructure.
   (5)   Housing with a range of types and affordability to accommodate persons and households of all types and income levels.
   (6)   Recreation and open spaces.
   (7)   Mitigation of natural hazards such as flooding, winds, wildfires, and unstable lands.
   (8)   Protection of the environment and natural resources, including agricultural resources, mineral resources, and water and air quality.
   (9)   Protection of significant architectural, scenic, cultural, historical, or archaeological resources.
   (10)   Analysis and evaluation of implementation measures, including regulations, public investments, and educational programs.
   (e)   Plans shall be adopted by the Board of Aldermen with the advice and consultation of the Planning Board. Adoption and amendment of a comprehensive plan is a legislative decision and shall follow the process mandated for zoning text amendments set by G.S. § 160D-601. Plans adopted under this Chapter may be undertaken and adopted as part of or in conjunction with plans required under other statutes, including, but not limited to, the plans required by G.S. § 113A-110. Plans adopted under this Chapter shall be advisory in nature without independent regulatory effect. Plans adopted under this chapter do not expand, diminish, or alter the scope of authority for development regulations adopted under this chapter. Plans adopted under this chapter shall be considered by the Planning Board and Board of Aldermen when considering proposed amendments to zoning regulations as required by G.S. § 160D-604 and G.S. § 160D-605.
   (f)   If a plan is deemed amended by G.S. § 160D-605 by virtue of adoption of a zoning amendment that is inconsistent with the plan, that amendment shall be noted in the plan. However, if the plan is one that requires review and approval subject to G.S. § 113A-110, the plan amendment shall not be effective until that review and approval is completed.
(Ord. of 6/24/21)

Section 9-4007 Grant of power.

   The Town of Canton may adopt zoning regulations in accordance with the powers granted by G.S. § 160D-702. This chapter further authorizes regulations which require that street and utility rights-of-way be dedicated to the public, that provision be made of recreational space and facilities, and that performance guarantees be provided, all to the same extent and with the same limitations as provided for in G.S. § 160D-804 and G.S. § 160D-804.1.
(Ord. of 6/24/21)

Section 9-4008 Exemption of bona fide farms.

   Property that is in the Town's extraterritorial planning and development regulation jurisdiction and that is used for bona fide farm purposes is exempt from the city's zoning regulation to the same extent bona fide farming activities are exempt from county zoning pursuant to this chapter.
(Ord. of 6/24/21)