For the purpose of this article the Town of Canton is hereby divided into the following districts:

   (1)   R-1 Single-family residential

   (2)   R-2 General residential

   (3)   C-1 Central business

   (4)   C-2 General business

   (5)   C-3 Neighborhood business

   (6)   C-4 Highway business

   (7)   I-1 Light industrial

   (8)   I-2 Heavy industrial

   (9)   F-1 Floodway

   (10)   W-P Watershed protection

   (11)   C-A Pigeon River Critical Area Watershed Protection District

(Amended by Ord. of 9/15/87; Amended by Ord. of 9/14/93; Amended by Ord. of 6/24/21)

   The boundaries of these districts are hereby established as shown on a map entitled “Official Zoning Map, Town of Canton, North Carolina,” adopted by the Board of Aldermen and certified by the Town Clerk. Floodplain boundaries shall be determined by the FEMA Flood Insurance Rate Maps. The FEMA Flood Insurance Rate Maps (FIRM) are hereby incorporated by reference into this article. The zoning map with all explanatory matter thereon and the FEMA FIRM mapping accompany and are hereby made a part of this chapter. The current and prior zoning map and incorporated FIRM maps shall be retained in paper or digital format for public inspection in the office of the Town Clerk.

(Amended by Ord. of 6/24/21)

   Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply:

   (1)   Where district boundaries are indicated as approximately following the center lines of streets or highways, street lines or railroad right-of-way lines or such lines extended, such center lines, street lines, or railroad right-of-way lines shall be construed to be the boundaries.

   (2)   Where district boundaries are so indicated that they approximately follow lot lines, the lot lines shall be construed to be the boundaries.

   (3)   Where district boundaries are so indicated that they are approximately parallel to the center lines of streets, highways, rivers and streams, railroads, or rights-of-ways of the same, the district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, the dimension shall be determined by use of the scale shown on the zoning map.

   (4)   Where a district boundary line divides a lot in single ownership the district requirements for the least restricted portion of the lot shall be deemed to apply to the whole thereof; provided that the extensions shall not include any part of such a lot more than 35 feet beyond the district boundary line.

(Amended by Ord. of 6/24/21)

   Conditional districts are districts with conditions mutually agreed upon by the applicant and the Town and approved in a legislative procedure by the Board of Aldermen in accordance with G.S. 160D-703. Conditional districts provide for orderly and flexible development under the general policies of this article and the subdivision ordinance without the constraints of some of the prescribed standards guiding by-right development. A Conditional district may be used in any district but is not intended to relieve hardships that would otherwise be handled using a variance/quasi-judicial procedure. The Board of Aldermen shall consider the conditions and site/subdivision plans in making a decision on the rezoning to a conditional district. The following shall apply:

   (1)   Property may only be placed in a conditional district at the request of all owners of the property to be included.

   (2)   Only conditions approved by the Town and consented to by the applicant may be incorporated into the zoning regulations.

   (3)   Unless consented to by the petitioner in writing, in the exercise of the authority granted by this section, the Town may not require, enforce, or incorporate into the zoning regulations any condition or requirement not otherwise authorized by law.

   (4)   Minor modifications to conditional district standards, once approved by the Board of Aldermen, may be reviewed and approved administratively only as outlined in Section 9-4097, Any other modification of the conditions and standards in a conditional district shall follow the same process for approval as are applicable to zoning map amendments.

(Ord. of 6/24/21)