It is the intent of this article that if any use or class of use is not specifically permitted in a district as set forth below, it shall be prohibited in that district. However, in the W-P watershed protection district, any use or class of use not specifically prohibited in the district shall be permitted in the district.

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

   (a)   Intent. The R-1 single-family residential district is established as a district in which the principal use of land is for residential purposes.

   (b)   Permitted uses:

   (1)   Single-family detached dwellings.

   (2)   Churches and their customary related uses.

   (3)   Greenhouses and truck gardens which are incidental to the residential use and conducted on a noncommercial basis only; provided that no greenhouse heating plant shall be located within 25 feet of any lot line.

   (4)   Home occupations such as dressmaking, drapery maker, laundering and ironing, cooking and baking, hairdressing, music instruction; the renting of not more than one room; the boarding of not more than two boarders; and the practice of any recognized profession such as law; the writing of insurance, accounting, medicine, dentistry and chiropractic as defined in article A, Section 9-4004(c) of this chapter.

   (5)   Public elementary and secondary schools and private schools having curricula approximately the same as ordinarily given in public schools. Signs not exceeding 12 square feet with no flashing illumination.

   (6)   Public or private parks, playgrounds, community centers, libraries, tennis courts, golf courses, swimming pools, and similar recreation uses operated on a noncommercial or nonprofit basis. Signs not exceeding 12 square feet with no flashing illumination.

   (7)   Public works and public utility facilities such as transformer stations, pumping stations, water towers and telephone exchanges, provided that:

   a.   Such facilities are essential to the service of the immediate area.

   b.   No vehicle or materials shall be stored on the premises, and no offices shall be permitted.

   c.   All structures shall be set back at least 30 feet from all property lines and enclosed by a woven wire fence at least eight (8) feet in height where deemed necessary by the Planning Board.

   d.   The entire lot shall be properly landscaped to blend with the surrounding area and furnished with a densely planted buffer at least six feet in height.

   (8)   Signs, advertising; incidental or accessory:

   a.   One professional or announcement sign per lot for customary home occupations. The signs shall not exceed three square feet in area exposed to view and must be mounted flat to the main wall of the principal building. No such sign shall be illuminated.

   b.   Signs pertaining only to the lease, rent or sale of the property upon which displayed. The signs shall not exceed four (4) square feet in area exposed to view. No sign shall be illuminated.

   c.   Church bulletin board or sign not exceeding 12 square feet for the purpose of displaying the name of the institution or other related information. The signs shall be set back at least 20 feet from the street right-of-way line. No flashing illumination.

   (9)   Accessory buildings or structures provided such shall be permitted only in a rear yard and shall be not less than 10 feet from any property line; and further provided that in the case of corner lots the buildings or structures shall be set back at least 40 feet from any side street right-of-way line.

   (10)   Family care homes.

(Amended by Ord. of 9/15/87; As Amended by Ord. of 6/24/21; Amended by Ord. of 7/28/22)

   (a)   Intent. The R-2 general residential district is established as a district in which the principal use of land is for residential purposes.

   (b)   Permitted uses:

   (1)   All uses permitted in a single-family residential district.

   (2)   Two-family dwellings.

   (3)   Clubs, lodges, and fraternal organizations.

   (4)   Multi-family dwellings.

   (5)   Rooming or boardinghouses.

   (6)   Tourist homes.

   (7)   Nursery schools and kindergartens provided that at least 100 square feet of outdoor play area is provided for each child.

   (8)   Signs not to exceed 12 square feet with no flashing lights.

   (9)   Family care homes.

   (10)   Child care center (more than 8 children).

   a.   Center must be licensed and permitted to operate by the North Carolina Division of Child Development as such.

   b.   Must meet all provisions and regulations outlined in the NC Child Care Center Handbook, as well as all state and local regulations related to space requirements, hours of operation, location of outdoor play space, parking requirements, setbacks and so forth.

   c.   Adequate access to and from the site, as well as adequate off-street space must be provided for the pickup and discharge of children or adults.

   d.   Parking spaces are required based upon one space per employee expected to be at the center at any given time, plus one space per fifteen (15) children.

   e.   A copy of the North Carolina State license issued to the facility shall be clearly displayed.

   (11)   Single-family, attached dwelling.

   a.   Overall area of site to be subdivided and/or developed shall be no less than 2,400 square feet.

   b.   All single-family, attached lots shall take access onto a public street.

   c.   All single-family, attached units must be serviced by public water and sewer.

   d.   No more than eight (8) attached units may be connected in a single structure.

   e.   A minium separation of ten feet (10') is required between end units or end units and a side or rear property line.

   (c)   Special use permits.

   (1)   Hospitals, sanitariums, nursing homes and dental offices and clinics not used primarily for the treatment of contagious diseases, alcoholism or drug addicts.

    (2)   Thrift store, consignment shop, or food pantry for the needy operated for and by a church, or nonprofit (501(c)(3)) organization. Proceeds, profits or value derived from the operation must benefit the needy, homeless, or similar charitable efforts. The facility must provide one parking place for every 100 square feet of the floor area and may only operate during the hours of 8:00 a.m. to 7:00 p.m. Monday through Saturday. A single non-illuminated primary sign may not exceed 12 square feet and other than directional/informational signs there shall be no attached signs.

   (d)   Conditional district.

   (1)   Group projects must conform to Section 9-4076.

(Amended by Ord. of 6/24/80; as amended by Ord. of 9/15/87; as amended by Ord. of 7/26/94; As amended by Ord. of 10/22/13; As amended by Ord. of 12/10/15; As amended by Ord. of 12/10/20; As amended by Ord. of 6/24/21; As amended by Ord. of 7/28/22)

   (a)   Intent. In order to protect and improve the main shopping area of the Town, and to discourage uses which do not require a central location and which are not compatible with the functions of the area as the primary shopping and office area, a central business district is hereby established.

   (b)   Permitted uses:

   (1)   Appliance sales and service.

   (2)   Automobile parking lots and structures.

   (3)   Bakeries, where the products are sold exclusively at retail on the premises.

   (4)   Banks and other financial institutions including loan and finance companies.

   (5)   Barber and beauty shops.

   (6)   Beach bingo games.

   (7)   Billiard or pool halls. Notwithstanding any provision of this article to the contrary, billiard or pool halls and commercial recreation centers shall not be a permitted use in any other district, except C-2, C-3, C-4, I-1, or I-2 upon approval or a special use permit pursuant to Section 9-4116(2).

   (8)   Business colleges, barber and beauty colleges, art schools, music and dance studios and similar uses, but excluding industrial or vocational trade schools.

   (9)   Civic organizations.

   (10)   Commercial recreation centers.

   (11)   Dry cleaning and laundry establishments, including coin-operated laundries.

   (12)   Fire and police stations.

   (13)   Florist shops, but not commercial greenhouses.

   (14)   Food stores, retail only.

   (15)   Funeral homes.

   (16)   Furriers and fur storage.

   (17)   Gasoline service stations.

   (18)   Hotels, motels and inns.

   (19)   Libraries, museums and art galleries.

   (20)   Locksmiths and gunsmiths.

   (21)   Newspaper offices and printing plants incidental to such offices.

   (22)   Office supplies and equipment, sales and services.

   (23)   Offices; business, professional and public.

   (24)   Opticians and optical goods stores.

   (25)   Parks.

   (26)   Pawnshops.

   (27)   Photographic studios and camera supply stores.

   (28)   Physical culture and reducing salons.

   (29)   Printing, publishing and reproducing establishments.

   (30)   Public buildings and lands other than elementary and high schools.

   (31)   Radio and television stations, studios and offices.

   (32)   Restaurants, but not drive-in restaurants.

   (33)   Retail establishments such as department, clothing, fabric, shoe, variety, notion, drug, hardware, furniture, appliance, floor covering, paint, antique, art goods, jewelry, gift, music, toy, sporting goods, book and stationery, magazine, candy, tobacco, pet and hobby and craft stores, but not excluding similar retail shops.

   (34)   Shoe repair shops.

   (35)   Signs, accessory to and on the same premises as uses permitted in this section, but not including billboards. No sign shall exceed 12 square feet in size and shall have no flashing illumination.

   (36)   Tailor, dressmaking and millinery shops.

   (37)   Taxicab stands.

   (38)   Telegraph or messenger service office.

   (39)   Theaters, housed in a permanent indoor structure.

   (40)   Public utility distribution lines, trans-former stations, transmission lines and towers, water tanks and towers, and telephone exchanges, with service or storage yards contained within the building.

   (41)   Customary accessory uses and structures when located on the same lot as the main structure, excluding, however, open storage.

   (42)   Single or multi-family residential dwelling units are permitted in existing structures or can be added to existing structures provided all units are located on floor levels above or below the adjacent street level other than specialty housing units approved by the Canton Planning Board as a “special use” meeting the following requirements:

   a.   Must meet current building and fire codes.

   b.   Building facade must be compatible with surrounding structures.

   c.   No other specialty housing units within a 500-foot radius.

   d.   Designed/designated for single person occupancy only with no pets allowed. This requirement must be included in all rental agreements.

   e.   May not exceed 600 square feet per unit.

   f.   Must demonstrate adequate parking for use as rooming/boarding house per Section 9-4062.

      All current single-family and multi-family units may be replaced with same size buildings. In lieu of any other parking requirements of this section, each dwelling unit shall be provided one off-street parking space. Such space may be located on property separate from the dwelling unit but shall be within a reasonable walking distance of such unit, not to exceed 500 feet.

   (43)   Planned unit developments.

   (44)   Churches permitted.

   (45)   Internet access/sweepstakes provider permitted.

   (46)   Tattooing.

   a.   Prior to being issued a business license, the owner/operator must agree in writing to comply with the following requirements:

   1.   Sale or consumption of alcohol is banned on the premise except for limited special occasion permits issued by the NC Alcohol Beverage Control Commission.

   2.   Time of operations be between the hours of 9:00 a.m. and 10:00 p.m.

   3.   Must conform to any and all other uses and requirements within the Zone where the business is located.

   4.   No sale of products, devices, or accessories commonly associated with smoking products (hookah pipes, glass smoking bowls, clips, etc.)

   5.   No piercing, body modification, scarification of any kind.

   b.   Failure to comply with or continue with these requirements shall be grounds to revoke the permit with notification to local and state authorities.

   (47)   Mobile food units.

   (c)   Special use permit; automobile sales provided that:

   (1)   No vehicle shall be parked as to impede the pedestrian or vehicular traffic flow.

   (2)   All vehicles must display a valid North Carolina inspection sticker.

   (3)   No major automobile repair shall be conducted on the premises.

   (4)   There shall be no outside storage of automobile parts.

   (5)   There shall be no less than 200 square feet of display area per car parked on the lot for purpose of sale.

   (6)   There shall be no vehicles sold other than automobiles, motorcycles, or light or heavy duty trucks.

   (7)   The Planning Board reserves the right to recommend and the Board of Adjustment reserves the right to impose any other regulations deemed necessary to the public health, safety or welfare.

   (d)   Special requirements for mobile food units.

   (1)   Mobile food units shall only operate on private property located in approved commercial or industrial zones, with written permission from the property owner. Operations of a mobile food unit(s) on Town property may be allowed under one of the following circumstances:

   a.   In association with a privately hosted and/or organized event previously approved by the Mayor and Board of Aldermen/Alderwomen for co-sponsorship by the Town; or

   b.   At any event hosted and/or organized by the Town on any Town-owned property, at Recreation Park in lieu operated concessions, and in any other circumstance that the Town Manager or his or her designated staff feel a mobile food unit(s) could have a positive impact.

   1.   Additionally, under this provision the Town has full discretion in the selection of mobile food trucks for participation, the application process, requirements, number, etc., as determined by need.

   2.   In the event the Town, at its discretion, chooses to require a permit fee for an event (in the form of a vendor fee and/or deposit), failure of the vendor to provide agreed upon services and/or notify the Town within seven (7) days prior to the event if they are unable to participate will result in forfeiture of any permit fee or deposit paid.

   (2)   A private property owner allowing mobile food vending must ensure there is adequate code parking on the site for patrons, including a designated space for the mobile food unit.

   (3)   Mobile foot units shall be set back a minimum of 100 feet from brick and mortar restaurants.

   (4)   Mobile food units shall be positioned in an existing parking space, must be set back from fire lanes, hydrants, utility boxes, and loading areas, and shall not block driveways. Units shall not be allowed within property setbacks.

   (5)   Units shall not be permitted to vend in a public right-of-way unless approved for a special event.

   (6)   All mobile food units shall purchase a permit from the Town to operate within its corporate limits, the cost of which is established annually in the Town's Fee Schedule. Permits shall be renewed each year. Additionally, the mobile food unit wishing to operate must provide a signed County Health Department permit before permit approval will be issued.

   (7)   Permit applications shall require proof of a valid driver's license, proof of insurance, photos of the mobile food unit, copies of health department certificate, and a description of the food and beverages to be sold.

   (8)   The Town permit and approved health department health inspection grade certificate shall be placed on mobile food units in a conspicuous location.

   (9)   A mobile food unit vendor shall submit a letter of approval from private property owners they intend to partner with for vending. The letter shall include a location map for the site, address, a site plan showing the proposed location for the mobile unit, and a list of any special conditions imposed.

   (10)   The Town Manager shall have the ability to revoke mobile food permits if the operation causes parking issues, traffic congestion, litter problems, and/or health and safety risks either on or off the property where the vending occurs.

   (11)   Pushcarts selling food shall not be allowed as permitted uses unless for Town-approved special events. Pushcarts shall not block sidewalks and must allow a minimum of 48-inch clearance for pedestrians and must not exceed 42 inches in width, 77 inches in length, or 60 inches in height.

   (12)   Pushcarts selling food shall require the same health inspection as food trucks and shall be required to pay the Town a one-time permit fee per event, as established by the Town’s Fee Schedule.

   (13)   Mobile food vendors shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

   (14)   Mobile food vendors shall return to their commissary at the end of each business day as required by State and County Health Codes.

   (15)   Mobile food vendors shall provide trash and recycling receptacles for customers and clean up all litter from the property prior to departure.

   (16)   Mobile food units can use generators if they operate at 65 decibels or less and if they are properly attached to the mobile food vehicle, per the manufacturer's standards.

   (17)   Mobile food units must be registered and insured and in good working condition. Units must be properly registered with the DMV, clean, painted, and free of rust and damage.

   (18)   Food trucks operators shall not operate trucks as drive-up windows.

   (19)   No signage shall be allowed except that which is painted on the food truck body and a portable menu sign no more than 6 square feet in display area on the ground in the customer waiting area.

   (20)   Vendors shall not erect temporary facilities such as tents, shade cloths, or temporary restrooms to the site. A single 8-foot portable table and chairs shall be allowed.

   (21)   Mobile food shall not use amplified sound or music to attract the public and must follow all Town sound ordinance requirements.

   (22)   Alcohol shall not be sold from mobile food units.

   (23)   Any act constituting a violation of the provisions of this article or a failure to comply with any of its requirements, shall subject the offender to a civil penalty of up to $50.00 or as modified by the Town of Canton’s Code of Ordinances. Each day's continuing violation shall be a separate and distinct offense.

   (25)   Mobile food unit vendor shall submit signed copies of commissary agreement to the Town as a condition for a vending permit.

(Amended by Ord. of 2/8/94; As Amended by Ord of 8/12/97; As Amended by Ord. of 9/25/01; As Amended; by Ord. of 1/12/10; As Amended by Ord. of 11/27/12; As Amended by Ord. of 1/22/13; As Amended by Ord. of 3/26/15; As Amended by Ord. of 9/27/18; As amended by Ord. of 12/10/20; As Amended by Ord. of 6/24/21)

   (a)   Intent. The purpose of this district is to provide for general and commercial activity at convenience points in the Town. Regulations are designed to preserve the traffic carrying capacity of the streets and to provide for off-street parking. It is not the intent of this district to encourage extensive strip commercial development, but rather to provide concentrations of general commercial activities.

   (b)   Permitted uses:

   (1)   All uses permitted in a central business district.

   (2)   Animal hospital or veterinary clinic, but no open kennels on the premises.

   (3)   Assembly halls, coliseums, gymnasiums, and similar structures.

   (4)   Automobile repair and paint shops, but excluding open storage of wrecked cars or discarded tires.

   (5)   Automobile sales.

   (6)   Automobile washing establishments.

   (7)   Bakeries and other establishments manufacturing prepared food and miscellaneous food products.

   (8)   Beach bingo games.

   (9)   Bicycle sales and repairs.

   (10)   Bottling plants.

   (11)   Bowling alleys.

   (12)   Building supply and equipment sales.

   (13)   Bus terminal, for passengers.

   (14)   Cold storage or freezer lockers.

   (15)   Dairy bars and ice cream manufacturers.

   (16)   Dry cleaning and laundry establishments.

   (17)   Electrical repair shops.

   (18)   Fabricating shops of small size such as woodworking shops, cabinet shops and upholstery shops, but excluding open storage.

   (19)   Farm machinery assembly, sales and repairs.

   (20)   Feed and seed stores.

   (21)   Funeral homes or mortuaries.

   (22)   Glass and mirror shops, venetian blind and awning shops, tile companies, and similar building specialties outlets.

   (23)   Greenhouses or horticultural nurseries.

   (24)   Hospitals, sanitariums, nursing homes and medical and dental clinics not used primarily for the treatment of contagious diseases, alcoholics, or drug addicts.

   (25)   Ice pick-up stations.

   (26)   Industrial or vocational trade schools.

   (27)   Monument sales.

   (28)   Motels, inns, tourist courts.

   (29)   Restaurants, including drive-in restaurants.

   (30)   Service or filling stations, provided that gasoline pumps or other appliances shall be located at least 12 feet behind the property line. (See Section 9-4078)

   (31)   Sheet metal, roofing, plumbing, heating and refrigeration shops, but excluding open storage.

   (32)   Sign painting and fabricating shops.

   (33)   Signs, excluding billboards. Not to exceed 12 square feet with no flashing illumination.

   (34)   Tire recapping and retreading, but excluding open storage of discarded tires.

   (35)   Trucking terminals, transfer companies.

   (36)   Wholesale and warehousing establishments except for the storage of dangerous or offensive items such as uncured hides, explosives, oil, gasoline, etc.

   (37)   Single or multi-family residential dwelling units permitted.

   (38)   Churches permitted.

   (39)   Internet access/sweepstakes provider permitted.

   (40)   Tattooing.

   a.   Prior to being issued a business license, the owner/operator must agree in writing to comply with the following requirements:

   1.   Sale or consumption of alcohol is banned on the premises except for limited special occasion permits issued by the NC Alcohol Beverage Control Commission.

   2.   Time of operations be between the hours of 9:00 a.m. and 10:00 p.m.

   3.   Must conform to any and all other uses and requirements within the Zone where the business is located.

   4.   No sale of products, devices, or accessories commonly associated with smoking products (hookah pipes, glass smoking bowls, clips, etc.)

   5.   No piercing, body modification, scarification of any kind.

   b.   Failure to comply with or continue with these requirements shall be grounds to revoke the permit with notification to local and state authorities.

   (41)   Child care center (more than 8 children).

   a.   Center must be licensed and permitted to operate by the North Carolina Division of Child Development as such.

   b.   Must meet all provisions and regulations outlined in the NC Child Care Center Handbook as well as all state and local regulations related to space requirements, hours of operation, location of outdoor play space, parking requirements, setbacks and so forth.

   c.   Adequate access to and from the site, as well as adequate off-street space must be provided for the pickup and discharge of children or adults.

   d.   Parking spaces are required based upon one space per employee expected to be at the center at any given time, plus one space per fifteen (15) children.

   e.   A copy of the North Carolina State license issued to the facility shall be clearly displayed.

   (42)   Mobile food units.

   (c)   Special requirements for mobile food units.

   (1)   Mobile food units shall only operate on private property located in approved commercial or industrial zones, with written permission from the property owner. Operations of a mobile food unit(s) on Town property may be allowed under one of the following circumstances:

   a.   In association with a privately hosted and/or organized event previously approved by the Mayor and Board of Aldermen/Alderwomen for co-sponsorship by the Town; or

   b.   At any event hosted and/or organized by the Town on any Town-owned property, at Recreation Park in lieu operated concessions, and in any other circumstance that the Town Manager or his or her designated staff feel a mobile food unit(s) could have a positive impact.

   1.   Additionally, under this provision the Town has full discretion in the selection of mobile food trucks for participation, the application process, requirements, number, etc., as determined by need.

   2.   In the event the Town, at its discretion, chooses to require a permit fee for an event (in the form of a vendor fee and/or deposit), failure of the vendor to provide agreed upon services and/or notify the Town within seven (7) days prior to the event if they are unable to participate will result in forfeiture of any permit fee or deposit paid.

   (2)   A private property owner allowing mobile food vending must ensure there is adequate code parking on the site for patrons, including a designated space for the mobile food unit.

   (3)   Mobile foot units shall be set back a minimum of 100' from brick and mortar restaurants.

   (4)   Mobile food units shall be positioned in an existing parking space, must be set back from fire lanes, hydrants, utility boxes, and loading areas, and shall not block driveways. Units shall not be allowed within property setbacks.

   (5)   Units shall not be permitted to vend in a public right-of-way unless approved for a special event.

   (6)   All mobile food units shall purchase a permit from the Town to operate within its corporate limits, the cost of which is established annually in the Town's Fee Schedule. Permits shall be renewed each year. Additionally, the mobile food unit wishing to operate must provide a signed County Health Department permit before permit approval will be issued.

   (7)   Permit applications shall require proof of a valid driver's license, proof of insurance, photos of the mobile food unit, copies of Health Department certificate, and a description of the food and beverages to be sold.

   (8)   The Town permit and approved health department health inspection grade certificate shall be placed on mobile food units in a conspicuous location.

   (9)   A mobile food unit vendor shall submit a letter of approval from private property owners they intend to partner with for vending. The letter shall include a location map for the site, address, a site plan showing the proposed location for the mobile unit, and a list of any special conditions imposed.

   (10)   The Town Manager shall have the ability to revoke mobile food permits if the operation causes parking issues, traffic congestion, litter problems, and/or health and safety risks either on or off the property where the vending occurs.

   (11)   Pushcarts selling food shall not be allowed as permitted uses unless for Town-approved special events. Pushcarts shall not block sidewalks and must allow a minimum of 48-inch clearance for pedestrians and must not exceed 42 inches in width, 77 inches in length, or 60 inches in height.

   (12)   Pushcarts selling food shall require the same health inspection as food trucks and shall be required to pay the Town a one-time permit fee per event, as established by the Town’s Fee Schedule.

   (13)   Mobile food vendors shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

   (14)   Mobile food vendors shall return to their commissary at the end of each business day as required by State and County Health Codes.

   (15)   Mobile food vendors shall provide trash and recycling receptacles for customers and clean up all litter from the property prior to departure.

   (16)   Mobile food units can use generators if they operate at 65 decibels or less and if they are properly attached to the mobile food vehicle, per the manufacturer's standards.

   (17)   Mobile food units must be registered and insured and in good working condition. Units must be properly registered with the DMV, clean, painted, and free of rust and damage.

   (18)   Food trucks operators shall not operate trucks as drive-up windows.

   (19)   No signage shall be allowed except that which is painted on the food truck body and a portable menu sign no more than 6 square feet in display area on the ground in the customer waiting area.

   (20)   Vendors shall not erect temporary facilities such as tents, shade cloths, or temporary restrooms to the site. A single 8-foot portable table and chairs shall be allowed.

   (21)   Mobile food shall not use amplified sound or music to attract the public and must follow all Town sound ordinance requirements.

   (22)   Alcohol shall not be sold from mobile food units.

   (23)   Any act constituting a violation of the provisions of this article or a failure to comply with any of its requirements, shall subject the offender to a civil penalty of up to $50.00 or as modified by the Town of Canton’s Code of Ordinances. Each day's continuing violation shall be a separate and distinct offense.

   (25)   Mobile food unit vendor shall submit signed copies of commissary agreement to the Town as a condition for a vending permit.

   (d)   Special uses.

   (1)   Mobile food unit commissaries.

   b.   No more than one (1) commissary shall be permitted within a distance of two (2) miles, measured in a single straight line as the crow flies.

   c.   Standalone commissaries shall be approved by the Planning Board.

(As Amended by Ord. of 8/12/97; As Amended by Ord. of 9/25/01; As Amended by Ord. of 1/12/10; As Amended by Ord. of 11/27/12; As Amended by Ord. of 3/26/15; As Amended by Ord. of 12/10/15; As Amended by Ord. of 9/27/18; As Amended by Ord. of 12/10/20; As Amended by Ord. of 6/24/21)

   (a)   Intent. The neighborhood business district is intended to provide retail goods and services for the surrounding neighborhood.

   (b)   Permitted uses:

   (1)   Automobile parking lots and structures.

   (2)   Banks and other financial institutions including loan and financial companies.

   (3)   Bakery, where the products are sold exclusively at retail on the premises only.

   (4)   Barber and beauty shops.

   (5)   Beach bingo games.

   (6)   Churches and customary related uses.

   (7)   Civic organizations, clubs, lodges and fraternal organizations.

   (8)   Dairy bars and ice cream manufacturing for retail sales on the premises only.

   (9)   Dry cleaning and laundry establishments operated in conjunction with a retail service counter, provided that not more than 4,500 square feet are devoted to the complete operation and that such use does not dry clean and launder clothes from collection stations or from other plants removed from the plant located in this district. The uses shall be restricted to the use of gas, oil or electricity as fuel for generating heat for hot water, steam or any other use, and all boilers or generating units shall be an integral part of the principal building. Provided further, that the establishments shall be equipped with an air vacuum system, or other comparable process of pressing, ironing, etc. The establishments shall also be restricted to the use of inflammable liquids for dry cleaning.

   (10)   Fire stations.

   (11)   Florist shops, but not commercial greenhouses.

   (12)   Food stores, retail only, but excluding the killing and dressing of any flesh or fowl.

   (13)   Funeral homes and mortuaries.

   (14)   Ice pick-up stations.

   (15)   Launderette where individual, family-size laundry or drycleaning equipment is rented for use by the customer.

   (16)   Libraries.

   (17)   Newsstands.

   (18)   Nursery schools and kindergartens provided that at least 100 feet of outdoor play area is provided for each child.

   (19)   Offices; business, professional and public.

   (20)   Opticians and optical services.

   (21)   Parks.

   (22)   Photographic studio and camera supply stores.

   (23)   Physical culture and reducing salons.

   (24)   Public utility distribution lines, transformer stations, transmission lines and towers, water tanks and towers, and telephone exchanges, but not service or storage yards.

   (25)   Repairing and servicing of household equipment such as electrical appliances, provided all operations, including storage, are conducted wholly within a completely enclosed building.

   (26)   Restaurants, including drive-in restaurants.

   (27)   Retail establishments such as department, clothing, variety, drug, furniture, notion, hardware, appliance, jewelry, music, art, antique, gift, sporting goods, toys, hobby, book and stationery stores, but not excluding similar retail establishments.

   (28)   Service or filling stations, but not including major repair work; provided that gasoline pumps or other similar appliances shall be located at least 12 feet behind the property line, and all service, storage or similar activities connected with such use shall be conducted entirely within the premises.

   (29)   Signs, accessory to and on the same premises as uses permitted in this section, but not including billboards. Not to exceed 12 square feet with no flashing illumination.

   (30)   Show repair shops.

   (31)   Tailor, dressmaking and millinery shops.

   (32)   Theaters, housed in a permanent indoor structure.

   (33)   Customary accessory uses and structures when located on the same lot as the main structure, excluding, however, open storage.

   (34)   Single-family dwellings.

   (35)   Multi-family dwellings.

   (36)   Single or multi-family residential dwelling units permitted.

   (37)   Internet access/sweepstakes provider permitted.

   (38)   Child care center (more than 8 children).

   a.   Center must be licensed and permitted to operate by the North Carolina Division of Child Development as such.

   b.   Must meet all provisions and regulations outlined in the NC Child Care Center Handbook as well as, all state and local regulations related to space requirements, hours of operation, location of outdoor play space, parking requirements, setbacks and so forth.

   c.   Adequate access to and from the site, as well as adequate off-street space must be provided for the pickup and discharge of children or adults.

   d.   Parking spaces are required based upon one space per employee expected to be at the center at any given time, plus one space per fifteen (15) children.

   e.   A copy of the North Carolina State license issued to the facility shall be clearly displayed.

   (39)   Mobile food units.

   (c)   Special requirements for mobile food units.

   (1)   Mobile food units shall only operate on private property located in approved commercial or industrial zones, with written permission from the property owner. Operations of a mobile food unit(s) on Town property may be allowed under one of the following circumstances:

   a.   In association with a privately hosted and/or organized event previously approved by the Mayor and Board of Aldermen/Alderwomen for co-sponsorship by the Town; or

   b.   At any event hosted and/or organized by the Town on any Town-owned property, at Recreation Park in lieu operated concessions, and in any other circumstance that the Town Manager or his or her designated staff feel a mobile food unit(s) could have a positive impact.

   1.   Additionally, under this provision the Town has full discretion in the selection of mobile food trucks for participation, the application process, requirements, number, etc., as determined by need.

   2.   In the event the Town, at its discretion, chooses to require a permit fee for an event (in the form of a vendor fee and/or deposit), failure of the vendor to provide agreed upon services and/or notify the Town within seven (7) days prior to the event if they are unable to participate will result in forfeiture of any permit fee or deposit paid.

   (2)   A private property owner allowing mobile food vending must ensure there is adequate code parking on the site for patrons, including a designated space for the mobile food unit.

   (3)   Mobile foot units shall be set back a minimum of 100' from brick and mortar restaurants.

   (4)   Mobile food units shall be positioned in an existing parking space, must be set back from fire lanes, hydrants, utility boxes, and loading areas, and shall not block driveways. Units shall not be allowed within property setbacks.

   (5)   Units shall not be permitted to vend in a public right-of-way unless approved for a special event.

   (6)   All mobile food units shall purchase a permit from the Town to operate within its corporate limits, the cost of which is established annually in the Town's Fee Schedule. Permits shall be renewed each year. Additionally, the mobile food unit wishing to operate must provide a signed County Health Department permit before permit approval will be issued.

   (7)   Permit applications shall require proof of a valid driver's license, proof of insurance, photos of the mobile food unit, copies of health department certificate, and a description of the food and beverages to be sold.

   (8)   The Town permit and approved health department health inspection grade certificate shall be placed on mobile food units in a conspicuous location.

   (9)   A mobile food unit vendor shall submit a letter of approval from private property owners they intend to partner with for vending. The letter shall include a location map for the site, address, a site plan showing the proposed location for the mobile unit, and a list of any special conditions imposed.

   (10)   The Town Manager shall have the ability to revoke mobile food permits if the operation causes parking issues, traffic congestion, litter problems, and/or health and safety risks either on or off the property where the vending occurs.

   (11)   Pushcarts selling food shall not be allowed as permitted uses unless for Town-approved special events. Pushcarts shall not block sidewalks and must allow a minimum of 48-inch clearance for pedestrians and must not exceed 42 inches in width, 77 inches in length, or 60 inches in height.

   (12)   Pushcarts selling food shall require the same health inspection as food trucks and shall be required to pay the Town a one-time permit fee per event, as established by the Town’s Fee Schedule.

   (13)   Mobile food vendors shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

   (14)   Mobile food vendors shall return to their commissary at the end of each business day as required by State and County Health Codes.

   (15)   Mobile food vendors shall provide trash and recycling receptacles for customers and clean up all litter from the property prior to departure.

   (16)   Mobile food units can use generators if they operate at 65 decibels or less and if they are properly attached to the mobile food vehicle, per the manufacturer's standards.

   (17)   Mobile food units must be registered and insured and in good working condition. Units must be properly registered with the DMV, clean, painted, and free of rust and damage.

   (18)   Food trucks operators shall not operate trucks as drive-up windows.

   (19)   No signage shall be allowed except that which is painted on the food truck body and a portable menu sign no more than 6 square feet in display area on the ground in the customer waiting area.

   (20)   Vendors shall not erect temporary facilities such as tents, shade cloths, or temporary restrooms to the site. A single 8-foot portable table and chairs shall be allowed.

   (21)   Mobile food shall not use amplified sound or music to attract the public and must follow all Town sound ordinance requirements.

   (22)   Alcohol shall not be sold from mobile food units.

   (23)   Any act constituting a violation of the provisions of this article or a failure to comply with any of its requirements, shall subject the offender to a civil penalty of up to $50.00 or as modified by the Town of Canton’s Code of Ordinances. Each day's continuing violation shall be a separate and distinct offense.

   (25)   Mobile food unit vendor shall submit signed copies of commissary agreement to the Town as a condition for a vending permit.

(Amended by Ord. of 2/8/94; As Amended by Ord of 8/12/97; As Amended by Ord. of 9/25/01; As Amended by Ord. of 1/12/10; As Amended by Ord. of 11/27/12; As Amended by Ord. of 1/22/13; As Amended by Ord. of 3/26/15; As Amended by Ord. of 9/27/18; As Amended by Ord. of 12/10/20; As Amended by Ord. of 6/24/21)

   (a)   Intent. The highway business district is intended to provide for the establishment of business activity needing access to traffic flows along major thoroughfares. It is not the intent of this district to encourage strip commercial development but rather the establishment of clusters of business activities along major thoroughfares.

   (b)   Permitted uses:

   (1)   Automobile parking lots and structures.

   (2)   Automobile sales and storage, but not major repair work.

   (3)   Automobile washing establishments.

   (4)   Advertising signs provided such use is not located within 100 feet of any residential district. No flashing illumination.

   (5)   Bowling alleys.

   (6)   Clubs, or other places of entertainment carried on wholly within a completely enclosed building.

   (7)   Dairy bars and ice cream manufacturing for retail sale on the premises only.

   (8)   Gift shops.

   (9)   Golf or baseball driving ranges, miniature golf courses, and other similar recreational facilities.

   (10)   Ice pick-up stations.

   (11)   Motels.

   (12)   Produce and fruit establishments, retail only.

   (13)   Public utility distribution lines, transformer stations, transmission lines and towers, water tanks and towers, and telephone exchanges, but not service or storage yards.

   (14)   Parks and picnic areas.

   (15)   Radio and television stations and towers.

   (16)   Restaurants, including drive- in restaurants.

   (17)   Service or filling stations, but not including major repair work; provided that gasoline pumps or other

appliances shall be located at least 12 feet behind the property line, and all service, storage or similar activities connected with the use shall be conducted entirely within the premises.

   (18)   Skating rinks, permanent.

   (19)   Theaters, drive-in, subject to the following conditions:

   a.   No part of any theater screen, projection booth, or other building shall be located closer than 500 feet to any residential district or closer than 50 feet to any property line or public right-of-way; and no parking space shall be closer than 100 feet to any residential district.

   b.   The theater screen shall not face a major street or highway.

   c.   Reservoir parking space off the street shall be provided for patrons awaiting admission in an amount of not less than 30 percent of the vehicular capacity of the theater.

   (20)   Customary accessory uses and structures when located on the same lot as the main structure, excluding, however, open storage.

   (21)   Single or multi-family residential dwelling units permitted.

   (22)   Internet access/sweepstakes provider permitted.

   (23)   Mobile food units.

   (c)   Special uses:

   (1)   Flea markets.

   (d)   Special requirements for mobile food units.

   (1)   Mobile food units shall only operate on private property located in approved commercial or industrial zones, with written permission from the property owner. Operations of a mobile food unit(s) on Town property may be allowed under one of the following circumstances:

   a.   In association with a privately hosted and/or organized event previously approved by the Mayor and Board of Aldermen/Alderwomen for co-sponsorship by the Town; or

   b.   At any event hosted and/or organized by the Town on any Town-owned property, at Recreation Park in lieu operated concessions, and in any other circumstance that the Town Manager or his or her designated staff feel a mobile food unit(s) could have a positive impact.

   1.   Additionally, under this provision the Town has full discretion in the selection of mobile food trucks for participation, the application process, requirements, number, etc., as determined by need.

   2.   In the event the Town, at its discretion, chooses to require a permit fee for an event (in the form of a vendor fee and/or deposit), failure of the vendor to provide agreed upon services and/or notify the Town within seven (7) days prior to the event if they are unable to participate will result in forfeiture of any permit fee or deposit paid.

   (2)   A private property owner allowing mobile food vending must ensure there is adequate code parking on the site for patrons, including a designated space for the mobile food unit.

   (3)   Mobile foot units shall be set back a minimum of 100 feet from brick and mortar restaurants.

   (4)   Mobile food units shall be positioned in an existing parking space, must be set back from fire lanes, hydrants, utility boxes, and loading areas, and shall not block driveways. Units shall not be allowed within property setbacks.

   (5)   Units shall not be permitted to vend in a public right-of-way unless approved for a special event.

   (6)   All mobile food units shall purchase a permit from the Town to operate within its corporate limits, the cost of which is established annually in the Town's Fee Schedule. Permits shall be renewed each year. Additionally, the mobile food unit wishing to operate must provide a signed County Health Department permit before permit approval will be issued.

   (7)   Permit applications shall require proof of a valid driver's license, proof of insurance, photos of the mobile food unit, copies of Health Department certificate, and a description of the food and beverages to be sold.

   (8)   The Town permit and approved health department health inspection grade certificate shall be placed on mobile food units in a conspicuous location.

   (9)   A mobile food unit vendor shall submit a letter of approval from private property owners they intend to partner with for vending. The letter shall include a location map for the site, address, a site plan showing the proposed location for the mobile unit, and a list of any special conditions imposed.

   (10)   The Town Manager shall have the ability to revoke mobile food permits if the operation causes parking issues, traffic congestion, litter problems, and/or health and safety risks either on or off the property where the vending occurs.

   (11)   Pushcarts selling food shall not be allowed as permitted uses unless for Town-approved special events. Pushcarts shall not block sidewalks and must allow a minimum of 48-inch clearance for pedestrians and must not exceed 42 inches in width, 77 inches in length, or 60 inches in height.

   (12)   Pushcarts selling food shall require the same health inspection as food trucks and shall be required to pay the Town a one-time permit fee per event, as established by the Town’s Fee Schedule.

   (13)   Mobile food vendors shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

   (14)   Mobile food vendors shall return to their commissary at the end of each business day as required by State and County Health Codes.

   (15)   Mobile food vendors shall provide trash and recycling receptacles for customers and clean up all litter from the property prior to departure.

   (16)   Mobile food units can use generators if they operate at 65 decibels or less and if they are properly attached to the mobile food vehicle, per the manufacturer's standards.

   (17)   Mobile food units must be registered and insured and in good working condition. Units must be properly registered with the DMV, clean, painted, and free of rust and damage.

   (18)   Food trucks operators shall not operate trucks as drive-up windows.

   (19)   No signage shall be allowed except that which is painted on the food truck body and a portable menu sign no more than 6 square feet in display area on the ground in the customer waiting area.

   (20)   Vendors shall not erect temporary facilities such as tents, shade cloths, or temporary restrooms to the site. A single 8-foot portable table and chairs shall be allowed.

   (21)   Mobile food shall not use amplified sound or music to attract the public and must follow all Town sound ordinance requirements.

   (22)   Alcohol shall not be sold from mobile food units.

   (23)   Any act constituting a violation of the provisions of this article or a failure to comply with any of its requirements, shall subject the offender to a civil penalty of up to $50.00 or as modified by the Town of Canton’s Code of Ordinances. Each day's continuing violation shall be a separate and distinct offense.

   (25)   Mobile food unit vendor shall submit signed copies of commissary agreement to the Town as a condition for a vending permit.

(Amended by Ord. of 2/8/94; As Amended by Ord of 8/12/97; As Amended by Ord. of 9/25/01; As Amended by Ord. of 1/12/10; As Amended by Ord. of 11/27/12; As Amended by Ord. of 1/22/13; As Amended by Ord. of 3/26/15; As Amended by Ord. of 9/27/18; As Amended by Ord. of 12/10/20; As Amended by Ord. of 6/24/21)

   (a)   Intent. The light industrial district is intended to provide for the establishment of light industrial andwarehousing uses which normally seek locations on large tracts of land.

   (b)   Permitted uses:

   (1)   Automobile washing establishments.

   (2)   Automobile parking and storage.

   (3)   Automobile sales and service.

   (4)   Automobile repair garages.

   (5)   Bakeries and other establishments manufacturing prepared foods and miscellaneous food products.

   (6)   Banks.

   (7)   Bottling plants.

   (8)   Bedding, carpet and pillow manufacturing, cleaning and renovating.

   (9)   Bus repair and storage terminals.

   (10)   Cabinet and woodworking shops.

   (11)   Cold storage plants.

   (12)   Contractors’ plants or storage yards.

   (13)   Clothing manufacturing.

   (14)   Dairy products processing plants.

   (15)   Dry cleaning and laundry plants.

   (16)   Electrical repair shops.

   (17)   Food processing in wholesale quantity except meat, fish, poultry, vinegar and yeast.

   (18)   Farm machinery assembly, repair and sales.

   (19)   Furniture manufacturing plants.

   (20)   Ice plants.

   (21)   Industrial research and educational facilities.

   (22)   Greenhouses and nurseries.

   (23)   Instruments manufacturing for professional, scientific, control photography, optical and similar uses.

   (24)   Leather products manufacturing.

   (25)   Luggage manufacturing.

   (26)   Locksmiths and gunsmiths.

   (27)   Lumber yards, building materials storage and sale.

   (28)   Machine shops.

   (29)   Offices.

   (30)   Pharmaceutical manufacturing.

   (31)   Printing, publishing and reproduction establishments.

   (32)   Plumbing shops and storage yards.

   (33)   Public utility facilities.

   (34)   Restaurants, including drive- ins.

   (35)   Radio and television stations and masts.

   (36)   Repair and service of office and household equipment.

   (37)   Signs, manufacturing and construction.

   (38)   Signs. No flashing illumination.

   (39)   Sheet metal shops.

   (40)   Service or filling stations.

   (41)   Tire recapping and retreading.

   (42)   Tobacco processing and storage.

   (43)   Mobile home parks. (Must meet requirements concerning mobile home parks as set forth in Section 9-4023 of this chapter.)

   (44)   Mobile home sales areas.

   (45)   Trucking terminals.

   (46)   Textile manufacturing.

   (47)   Upholstery establishments.

   (48)   Venetian blind manufacture, contractor and cleaning shops.   

   (49)   Wholesale and warehousing establishments except for the storage of uncured hides, explosives, oil products, gas storage, etc.

   (50)   Accessory uses and buildings which are clearly incidental to a permitted use and which will not create a nuisance or hazard.

   (51)   Light manufacturing or processing not otherwise named herein; provided no operations are carried on, or are likely to be carried on, which will create smoke, fumes, noise, odor or dust which will be detrimental to the health, safety or general welfare of the community.

   (52)   Single or multi-family residential dwelling units permitted.

   (53)   Mobile food units.

   (c)   Special uses.

   (1)   Flea markets.

   (d)   Special requirements for mobile food units.

   (1)   Mobile food units shall only operate on private property located in approved commercial or industrial zones, with written permission from the property owner. Operations of a mobile food unit(s) on Town property may be allowed under one of the following circumstances:

   a.   In association with a privately hosted and/or organized event previously approved by the Mayor and Board of Aldermen/Alderwomen for co-sponsorship by the Town; or

   b.   At any event hosted and/or organized by the Town on any Town-owned property, at Recreation Park in lieu operated concessions, and in any other circumstance that the Town Manager or his or her designated staff feel a mobile food unit(s) could have a positive impact.

   1.   Additionally, under this provision the Town has full discretion in the selection of mobile food trucks for participation, the application process, requirements, number, etc., as determined by need.

   2.   In the event the Town, at its discretion, chooses to require a permit fee for an event (in the form of a vendor fee and/or deposit), failure of the vendor to provide agreed upon services and/or notify the Town within seven (7) days prior to the event if they are unable to participate will result in forfeiture of any permit fee or deposit paid.

   (2)   A private property owner allowing mobile food vending must ensure there is adequate code parking on the site for patrons, including a designated space for the mobile food unit.

   (3)   Mobile foot units shall be set back a minimum of 100 feet from brick and mortar restaurants.

   (4)   Mobile food units shall be positioned in an existing parking space, must be set back from fire lanes, hydrants, utility boxes, and loading areas, and shall not block driveways. Units shall not be allowed within property setbacks.

   (5)   Units shall not be permitted to vend in a public right-of-way unless approved for a special event.

   (6)   All mobile food units shall purchase a permit from the Town to operate within its corporate limits, the cost of which is established annually in the Town's Fee Schedule. Permits shall be renewed each year. Additionally, the mobile food unit wishing to operate must provide a signed County Health Department permit before permit approval will be issued.

   (7)   Permit applications shall require proof of a valid driver's license, proof of insurance, photos of the mobile food unit, copies of Health Department certificate, and a description of the food and beverages to be sold.

   (8)   The Town permit and approved health department health inspection grade certificate shall be placed on mobile food units in a conspicuous location.

   (9)   A mobile food unit vendor shall submit a letter of approval from private property owners they intend to partner with for vending. The letter shall include a location map for the site, address, a site plan showing the proposed location for the mobile unit, and a list of any special conditions imposed.

   (10)   The Town Manager shall have the ability to revoke mobile food permits if the operation causes parking issues, traffic congestion, litter problems, and/or health and safety risks either on or off the property where the vending occurs.

   (11)   Pushcarts selling food shall not be allowed as permitted uses unless for Town-approved special events. Pushcarts shall not block sidewalks and must allow a minimum of 48-inch clearance for pedestrians and must not exceed 42 inches in width, 77 inches in length, or 60 inches in height.

   (12)   Pushcarts selling food shall require the same health inspection as food trucks and shall be required to pay the Town a one-time permit fee per event, as established by the Town’s Fee Schedule.

   (13)   Mobile food vendors shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

   (14)   Mobile food vendors shall return to their commissary at the end of each business day as required by State and County Health Codes.

   (15)   Mobile food vendors shall provide trash and recycling receptacles for customers and clean up all litter from the property prior to departure.

   (16)   Mobile food units can use generators if they operate at 65 decibels or less and if they are properly attached to the mobile food vehicle, per the manufacturer's standards.

   (17)   Mobile food units must be registered and insured and in good working condition. Units must be properly registered with the DMV, clean, painted, and free of rust and damage.

   (18)   Food trucks operators shall not operate trucks as drive-up windows.

   (19)   No signage shall be allowed except that which is painted on the food truck body and a portable menu sign no more than 6 square feet in display area on the ground in the customer waiting area.

   (20)   Vendors shall not erect temporary facilities such as tents, shade cloths, or temporary restrooms to the site. A single 8-foot portable table and chairs shall be allowed.

   (21)   Mobile food shall not use amplified sound or music to attract the public and must follow all Town sound ordinance requirements.

   (22)   Alcohol shall not be sold from mobile food units.

   (23)   Any act constituting a violation of the provisions of this article or a failure to comply with any of its requirements, shall subject the offender to a civil penalty of up to $50.00 or as modified by the Town of Canton’s Code of Ordinances. Each day's continuing violation shall be a separate and distinct offense.

   (25)   Mobile food unit vendor shall submit signed copies of commissary agreement to the Town as a condition for a vending permit.

(Amended by Ord. of 2/8/94; As Amended by Ord of 8/12/97; As Amended by Ord. of 9/25/01; As Amended by Ord. of 1/12/10; As Amended by Ord. of 11/27/12; As Amended by Ord. of 1/22/13; As Amended by Ord. of 3/26/15; As Amended by Ord. of 9/27/18; As Amended by Ord. of 12/10/20; As Amended by Ord. of 6/24/21)

   (a)   Intent. This district is established to provide areas for manufacturing, warehousing and similar uses.

   (b)   Permitted uses:

   (1)   Any use permitted in a light industrial district.

   (2)   Automobile wrecking yards and similar types of used materials industries when conducted within a structure on a lot enclosed by a solid fence at least six feet in height, provided the fence shall not be less than 40 feet from any street right-of- way line; and provided further that the Zoning Board of Adjustment finds that such a wrecking yard or industry will not have an injurious effect on the public interest or welfare.

   (3)   Brick, tile and terra cotta manufacturing.

   (4)   Circuses, carnivals, fairs and sideshows.

   (5)   Foundries producing iron and steel products.

   (6)   Hatcheries.

   (7)   Industrial equipment machinery repair and service.

   (8)   Machine tool manufacturing.

   (9)   Meat packing plants.

   (10)   Plastics manufacturing.

   (11)   Pottery, porcelain and vitreous china manufacture.

   (12)   Poultry dressing for wholesale.

   (13)   Railroad freight yards or classification yards.

   (14)   Signs. No flashing illumination.

   (15)   Wholesale storage of gasoline or bulk terminal plants for any highly explosive or inflammable gases or liquids.

   (16)   Manufacturing uses not otherwise named herein upon the approval of the Zoning Board of Adjustment provided that no use shall be permitted in this section which is likely to be dangerous, offensive, or detrimental to the health, safety, welfare, or general character of this zoning district; or the community by reason of the emission of dust, gas, smoke, noise, fumes, odors, vibration, glare or otherwise.

   (17)   Existing single or multi- family residential dwelling units may be replaced with same size building.

   (18)   Churches and their customary related uses.

   (19)   Mobile food units.

   (c)   Special uses.

   (1)   Flea markets.

   (d)   Special requirements for mobile food units.

   (1)   Mobile food units shall only operate on private property located in approved commercial or industrial zones, with written permission from the property owner. Operations of a mobile food unit(s) on Town property may be allowed under one of the following circumstances:

   a.   In association with a privately hosted and/or organized event previously approved by the Mayor and Board of Aldermen/Alderwomen for co-sponsorship by the Town; or

   b.   At any event hosted and/or organized by the Town on any Town-owned property, at Recreation Park in lieu operated concessions, and in any other circumstance that the Town Manager or his or her designated staff feel a mobile food unit(s) could have a positive impact.

   1.   Additionally, under this provision the Town has full discretion in the selection of mobile food trucks for participation, the application process, requirements, number, etc., as determined by need.

   2.   In the event the Town, at its discretion, chooses to require a permit fee for an event (in the form of a vendor fee and/or deposit), failure of the vendor to provide agreed upon services and/or notify the Town within seven (7) days prior to the event if they are unable to participate will result in forfeiture of any permit fee or deposit paid.

   (2)   A private property owner allowing mobile food vending must ensure there is adequate code parking on the site for patrons, including a designated space for the mobile food unit.

   (3)   Mobile foot units shall be set back a minimum of 100 feet from brick and mortar restaurants.

   (4)   Mobile food units shall be positioned in an existing parking space, must be set back from fire lanes, hydrants, utility boxes, and loading areas, and shall not block driveways. Units shall not be allowed within property setbacks.

   (5)   Units shall not be permitted to vend in a public right-of-way unless approved for a special event.

   (6)   All mobile food units shall purchase a permit from the Town to operate within its corporate limits, the cost of which is established annually in the Town's Fee Schedule. Permits shall be renewed each year. Additionally, the mobile food unit wishing to operate must provide a signed County Health Department permit before permit approval will be issued.

   (7)   Permit applications shall require proof of a valid driver's license, proof of insurance, photos of the mobile food unit, copies of Health Department certificate, and a description of the food and beverages to be sold.

   (8)   The Town permit and approved Health Department health inspection grade certificate shall be placed on mobile food units in a conspicuous location.

   (9)   A mobile food unit vendor shall submit a letter of approval from private property owners they intend to partner with for vending. The letter shall include a location map for the site, address, a site plan showing theproposed location for the mobile unit, and a list of any special conditions imposed.

   (10)   The Town Manager shall have the ability to revoke mobile food permits if the operation causes parking issues, traffic congestion, litter problems, and/or health and safety risks either on or off the property where the vending occurs.

   (11)   Pushcarts selling food shall not be allowed as permitted uses unless for Town-approved special events. Pushcarts shall not block sidewalks and must allow a minimum of 48-inch clearance for pedestrians and must not exceed 42 inches in width, 77 inches in length, or 60 inches in height.

   (12)   Pushcarts selling food shall require the same health inspection as food trucks and shall be required to pay the Town a one-time permit fee per event, as established by the Town’s Fee Schedule.

   (13)   Mobile food vendors shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

   (14)   Mobile food vendors shall return to their commissary at the end of each business day as required by State and County Health Codes.

   (15)   Mobile food vendors shall provide trash and recycling receptacles for customers and clean up all litter from the property prior to departure.

   (16)   Mobile food units can use generators if they operate at 65 decibels or less and if they are properly attached to the mobile food vehicle, per the manufacturer's standards.

   (17)   Mobile food units must be registered and insured and in good working condition. Units must be properly registered with the DMV, clean, painted, and free of rust and damage.

   (18)   Food truck operators shall not operate trucks as drive-up windows.

   (19)   No signage shall be allowed except that which is painted on the food truck body and a portable menu sign no more than 6 square feet in display area on the ground in the customer waiting area.

   (20)   Vendors shall not erect temporary facilities such as tents, shade cloths, or temporary restrooms to the site. A single 8-foot portable table and chairs shall be allowed.

   (21)   Mobile food shall not use amplified sound or music to attract the public and must follow all Town sound ordinance requirements.

   (22)   Alcohol shall not be sold from mobile food units.

   (23)   Any act constituting a violation of the provisions of this article or a failure to comply with any of its requirements, shall subject the offender to a civil penalty of up to $50.00 or as modified by the Town of Canton’s Code of Ordinances. Each day's continuing violation shall be a separate and distinct offense.

   (25)   Mobile food unit vendor shall submit signed copies of commissary agreement to the Town as a condition for a vending permit.

(Amended by Ord. of 2/8/94; As Amended by Ord of 8/12/97; As Amended by Ord. of 9/25/01; As Amended by Ord. of 1/12/10; As Amended by Ord. of 11/27/12; As Amended by Ord. of 1/22/13; As Amended by Ord. of 3/26/15; As Amended by Ord. of 9/27/18; As Amended by Ord. of 12/10/20; As Amended by Ord. of 6/24/21)

   (a)   Intent. A flood district as shown on the Zoning Map of Canton is established to meet the needsof the Pigeon River to carry abnormal flows of water in time of flood; to prevent encroachments into the district which will unduly increase flood heights and damage; and to prevent the loss of life and excessive damage to property in the area of greatest flood hazard. Within the floodway district, the following provisions shall apply:

   (b)   Uses permitted. The following uses are permitted subject to approval of the Canton Planning Board and to the conditions as the Planning Board may specify to protect the public interest, and which do not conflict with uses permitted in adjoining districts.

   (1)   Open-type uses, such as loading and unloading areas, parking lots, used car lots, billboards, and gardens auxiliary to uses permitted in any adjoining district.

   (2)   Storage yards for equipment and material not subject to major damage by floods, and which would not float away; provided such use is auxiliary to uses permitted in an adjoining district and material do not include inflammables such as gasoline.

   (3)   Open-type public and private recreation facilities such as public parks, golf courses and driving ranges, drive-in theaters, fishing lakes, and boat docks.

   (4)   Circus, carnival, and similar transient amusement enterprises.

   (5)   Agricultural uses, including farming, grazing, and livestock raising.

   (6)   Utilities, road and railroad bridges, electric and other transmission lines, but not transformer stations.

   (7)   Any other uses customarily accessory or incidental to the above uses.

   (c)   Uses prohibited. The following uses are specifically prohibited in the floodway district.

   (1)   Structures designed for or utilized for human habitation.

   (2)   Structures which could be floated away and thus further restrict bridge openings and other restricted sections of the stream.

   (3)   Filling of land or dumping of debris.

   (4)   Storage of materials, such as logs, lumber, tanks, etc., which could be floated away and restrict bridge openings.

   (5)   Storage of toxic chemicals or inflammables such as gasoline.

   (d)   Special provisions. No permit shall be issued for the construction of any building or any use within the floodway district until the plans for the construction or use have been submitted to the Canton Planning Board and approval is given in writing for the construction or use. The Planning Board may make its approval subject to the conditions necessary to carry out the purpose of this district. In its review of plans submitted, the Planning Board shall be guided by the following standards, keeping in mind that the purpose of this district is to prevent encroachment into the floodway which will unduly increase flood heights and endanger life and property.

   (1)   Any uses permitted shall be a type not appreciably damaged by flood waters.

   (2)   Any structures permitted shall be designed, constructed, and placed so as to offer the minimum obstruction to the flow of water.

   (3)   Where, in the opinion of the Planning Board, there is need for topographical data, engineering studies or other information to determine the effects of flooding on a proposed structure or the effect of the structure on the flow of water, the Planning Board may require the applicant to submit such information.

   (4)   The granting of approval of any structure or use shall not constitute a representation, guarantee, or warranty of any kind or nature by the Town of Canton or the Canton Planning Board, or by any officer or employee of either thereof, of the practicality or safety of any structure or use proposed and shall create no liability upon or cause action against such public body, officer, or employee for any damage that may result pursuant thereto.

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

   (a)   Intent. The intent of the watershed protection district is:

   (1)   To protect, maintain, and enhance both the immediate and long term public health, safety, and general welfare of the residents of the Town of Canton by protecting the Rough Creek Watershed as a public drinking water source.

   (2)   To minimize sedimentation and pollution of the public drinking water source as a result of land development in the area around the watershed.

   (3)   To permit reasonable use of land within the area around the watershed which will not adversely affect the quality of water resources.

   (b)   District boundaries. The boundaries of the watershed protection district are hereby established on the map entitled, “Watershed Protection District Zoning Map, Town of Canton, North Carolina.” Said map accompanies and is hereby incorporated as a part of the Zoning Ordinance of the Town of Canton, North Carolina. Said map shall be retained in the office of the Town Clerk. These boundaries are further defined as being the same as the extraterritorial jurisdiction boundary, a written description of which is contained in the “Ordinance Establishing Extraterritorial Jurisdiction Authority for the Town of Canton, North Carolina.”

   (c)   Permitted uses. Land, buildings, and other structures may be used for any purpose not specifically listed as a prohibited use under subsection (d) of this section.

   (d)   Prohibited uses. No land or structure located in the W-P watershed protection district shall be used for any of the following purposes:

   (1)   Abattoirs.

   (2)   Flammable liquids or gases (bulk storage above ground).

   (3)   Flammable liquids or gases (bulk storage below ground).

   (4)   Hazardous materials (as defined by EPA’s Hazardous Substances or Priority Pollutants lists), storage, use, or disposal except such as is ordinary and necessary for usage in the conduct of normal farming operations.

   (5)   Laboratories (industrial processes).

   (6)   Sanitary landfills.

   (7) Any processing or manufacture of any products from any material (including, but not limited to, animal or vegetable matter, chemicals or chemical compounds, gas or oil, glass, metals, minerals, stones, or earth).

   (8)   Quarries or other extractive industries.

   (9)   Nuclear repositories (both high and low level).

   (10)   Junkyards.

   (e)   Special provisions. The following special provisions shall be enforced in the W-P watershed protection district:

   (1)   No septic tank or other sewage treatment or disposal system shall be located closer than one hundred (100) feet from the watershed boundary.

   (2)   No building or other structure shall be located closer than fifty (50) feet from the watershed boundary in order to provide a second line fire break between the watershed forest and the building or structure.

   (3)   No alteration, by excavation, grading, or otherwise of the natural slope of the earth shall occur closer than fifty (50) feet from the watershed boundary.

   (4)   No multi-family dwelling or recreational facility including, but not limited to, lodges and clubhouses, shall be located closer than one thousand (1,000) feet from the watershed boundary.

   (f)   Exception. Notwithstanding any other provisions of this section, the provisions of the following sections of this section shall not apply to any use of land or structures in the W-P watershed protection district:

   (1)   Section 9-4004, Definitions:

      No. (18) Construction office, temporary.

      No. (19) Customary home occupation.

      No. (40) Group project.

      No. (62) Sign, advertising: incidental or accessory.

      No. (65) Sign, outdoor advertising.

   (2)   Section 9-4041: Area, yard, and height requirements.

   (3)   Section 9-4055: Only one principal building on any lot.

   (4)   Section 9-4062: Off-street automobile parking and storage.

   (5)   Section 9-4063: Off-street loading and unloading space.

   (6)   Section 9-4076: Group projects.

   (7)   Section 9-4078: Gasoline service or filling stations.

   (8)   Section 9-4079: Signs, and other advertising structures.

   (9)   Section 9-4080: Temporary mobile homes.

(Ord. of 9/15/87; As Amended by Ord. of 9/14/04; As Amended by Ord. of 6/24/21)

   (a)   Intent. It is the intent of this district to implement the provisions of the Water Supply Watershed Protection Act (G.S. § 143-214.5) within the critical area of the Pigeon River Watershed. The provisions of this district are applicable to all property located within the designated water supply critical area as shown on the Official Zoning Map of the town. Whenever there is a conflict between this section and any other provision of this section, the stricter requirement shall apply.

   (b)   Definitions. The following definitions apply only to enforcement of this section:

   (1)   Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon having received a valid local government approval to proceed with the project, or

   (2)   Having an outstanding valid building permit as authorized by the General Statutes (G.S. § 160D-108), or

   (3)   Having expended substantial resources (time, labor, money,) and having an approved site specific or phased development plan as authorized by the General Statutes (G.S. § 160D-108).

   (1)   The complete waiver of a management requirement;

   (2)   The relaxation, by a factor of more than ten (10) percent, of any management requirement that takes the, form of a numerical standard;

   (c)   Permitted uses.

   (1)   Agriculture, subject to the provisions of the Food Security Act of 1985, and the Food, Agriculture, Conservation and Trade Act of 1990. Agricultural activities conducted after January 1, 1993, shall maintain a minimum ten (10) foot vegetative buffer, or equivalent control as determined by the Soil and Water Conservation Commission, along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. Animal operations greater than 100 animal units shall employ best management practices by July 1, 1994, recommended by the Soil and Water Conservation Commission.

   (2)   Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 11.6101-.0209).

   (3)   Residential development, including both single family and all other residential.

   (4)   Non-residential development, excluding: a) the storage of toxic and hazardous materials unless a spill containment plan is implemented, b) landfills, and c) sites for land application of sludge/residuals or petroleum contaminated soils. New industrial development is required to incorporate adequately designed,constructed and maintained spill containment structures if hazardous materials are either used, stored, or manufactured on the premises.

   (d)   Density and built-upon limits.

   (1)   Single-family residential. Development shall not exceed one dwelling unit per two (2) acres, but not to exceed a maximum of six (6) percent built-upon area on a project by project basis. No residential lot shall be less than two (2) acres.

   (2)   All other residential and non- residential. Development shall not exceed six (6) percent built-upon area on a project by project basis. For the purpose of calculating built-upon area, total project area shall include total acreage in the tract on which the project is to be developed.

   (e)   Exceptions. Notwithstanding any other provisions of this section, the provisions of the following sections of this ordinance shall not apply to any use of land or structure in the C-A Pigeon River Critical Area Watershed Protection District:

   (1)   Section 9-4004, Definition of terms, part (c).

   (2)   Section 9-4041, Schedule of requirements.

   (3)   Section 9-4055, Only one principal building on any lot.

   (4)   Section 9-4061, Nonconforming uses.

   (5)   Section 9-4062, Off-street automobile parking and storage.

   (6)   Section 9-4063, Off-street loading and unloading space.

   (7)   Section 9-4071, Lot of record.

   (8)   Section 9-4072, Front yard setbacks for dwellings.

   (9)   Section 9-4073, Height limitations.

   (10)   Section 9-4074, Visibility at intersections.

   (11)   Section 9-4075, Projections into required open space.

   (12)   Section 9-4076, Group Projects.

   (13)   Section 9-4078, Gasoline service or filling stations.

   (14)   Section 9-4079, Signs, billboards and other advertising structures.

   (15)   Section 9-4080, Temporary mobile home.

   (16)   Section 9-4082, Side yard setback for dwellings.

   A deeded single family residential lot existing prior to the effective date of this section shall not be subject to the provisions of this section when located in the C-A Pigeon River Critical Area Watershed Protection District.

   (f)   Cluster development. Clustering of development is allowed under the following conditions:

   (1)   Minimum lot sizes are not applicable to single family cluster development projects; however, the total number of lots shall not exceed the number of lots allowed for single family detached developments. Built-upon area or stormwater control requirements of the project shall not exceed that allowed in this ordinance.

   (2)   All built-upon area shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flows.

   (3)   The remainder of the tract shall remain in a vegetated or natural state. Where the development has an incorporated property owners' association, the title for open space held in common shall be conveyed to the association for management. Where a property association is not incorporated, a maintenance agreement shall be filed with the property deeds.

   (g)   Buffer areas required.

   (1)   A minimum 30 foot vegetative buffer for development activities is required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by city studies. Desirable artificial streambank or shoreline stabilization is permitted.

   (2)   No new development is allowed in the buffer except for water dependent structures and public projects such as road crossings and greenways where no practical alternative exists. These activities should minimize built-upon surface area, direct runoff away from the surface waters and maximize the utilization of stormwater best management practices.

   (h)   Existing development. Any existing development as defined in this section may be continued and maintained subject to the provisions provided herein. Expansions to structures classified as existing development must meet the requirements of this section; however, the built-upon area of the existing development is not required to be included in the density calculations. Any existing building or built-upon area not in conformance with the restrictions of this article that has been damaged or removed may be repaired and/or reconstructed, except that there are no restrictions on single-family residential development, provided the total amount of space devoted to built-upon area may not be increased unless stormwater control that equals or exceeds the previous development is provided.

   (i)   Public health.

   (1)   No activity, situation, structure or land use shall be allowed within the watershed which poses a threat to water quality and the public health, safety and welfare. Such conditions may arise from inadequate on-site sewage systems which utilize ground absorption; inadequate sedimentation and erosion control measures; the improper storage or disposal of junk, trash or other refuse within a buffer area; the absence or improper implementation of a spill containment plan for toxic and hazardous materials; the improper management of stormwater runoff; or any other situation found to pose a threat to water quality.

   (2)   The Administrator shall monitor land use activities within the watershed areas to identify situations that may pose a threat to water quality. If such situations are identified they shall be considered a violation of this section.

   (j)   Administration.

   (1)   The Administrator shall keep records of all amendments to this section and shall provide copies of all such amendments to the Supervisor of the Classification and Standards Group, Water Quality Section, Division of Environmental Management.

   (2)   The Administrator shall keep a record of variances to this section. This record shall be submitted to the Supervisor of the Classification and Standards Group, Water Quality Section, Division of Environmental Management, on or before January 1st of the following year and shall provide a description of each project receiving a variance and the reasons for granting the variance.

   (k)   Changes and amendments to this section.

   (1)   The Canton Board of Aldermen may on its own motion or on petition, after public notice and hearing, amend, supplement, change or modify the watershed regulations and restrictions as described in this section.

   (2)   Under no circumstances shall the Board of Aldermen adopt such amendments, supplements or changes that would cause this ordinance to violate the watershed protection rules as adopted by the Environmental Management Commission. All amendments must be filed with the N.C. Division of Environmental Management, N.C. Division of Environmental Health, and the N.C. Division of Community Assistance.

   (l)   Variances.

   (1)   Variances to this section may be granted under procedures outlined in this section.

   (2)   The Administrator shall notify in writing each local government having jurisdiction in the watershed and the entity using the water supply for consumption whenever a variance request is filed. Such notice shall include a description of the variance being requested. Local government or other entities receiving notice of the variance request may submit comments to the Administrator prior to a decision by the Zoning Board of Adjustment. Such comments shall become part of the record of proceedings of the Board.

   (3)   An Equitable Density Credit (EDC) variance may be granted in mountainous watersheds where portion of the total tract acreage is greater than 30% slope. Higher density development may be granted on portions of total tract acreage less than 30% slope. The Soil Conservation Service or a certified surveyor must determine the portions of acreage greater than or less than 30% slope. EDC is equal to the number of additional dwellings (du) or equivalent impervious area that may be built upon that portion of the tract that is less than 30% slope. Where the EDC variance is granted, the remaining portion of the tract greater than 30% slope must remain undeveloped and retained in its natural vegetation cover. This latter environment produces high quality water in orographic watersheds, which compensates for granting higher densities elsewhere.

Formula:

EDC = No. acres in tract greater than 30% slope
            (1 du/2 ac)

   The total EDC or equivalent impervious area may be applied at the property owner’s discretion, to increase density on the remaining portion of the tract with less than 30% slope. However, the granted additional density can be no greater than 1 du/ac or 12% impervious area/ac for both residential and nonresidential development. Stormwater controls may be required on some sites. In addition, the Town of Canton shall notify and allow a reasonable comment period for all other local governments having jurisdiction in the designated watershed where the variance is being considered.

Examples:

   Property owner “A” has a 150 acre mountainous tract. A survey reveals that 50 acres are greater than 30% slope, and the remaining 100 acres are less than 30% slope.

         EDC =  50ac  = 25 du
             1 du/1 ac

   The additional 25 du or equivalent impervious area may be added to the remaining 100 acres that are less than 30% slope.

   Property owner “B” has a 3.7 acre tract. A survey reveals that 1.9 acres are greater than 30% slope and the remaining 1.8 acres are less than 30% slope.

         EDC =  1.9ac  = .95 du
             1 du/2 ac

   The equivalent impervious area of 0.9 du may be added to the remaining 1.8 acres, which already qualify for a ratio proportion (1 du/2ac) of 0.90 du or equivalent impervious area. Thus, property owner “B” qualifies for a total of 1.85 du or equivalent impervious are to be built upon the remaining 1.8 acres less than 30% slope. However, since a variance cannot be granted for greater than l du/ac, only a total of 1.80 du or equivalent impervious area can be built upon the remaining 1.8 acres less than 30% slope.

   (4)   If the application calls for the granting of a major variance, and if the Zoning Board of Adjustment decides in favor of granting the variance, the Board shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall include:

   -   the variance application;

   -   the hearing notices;

   -   the evidence presented;

   -   motions, offers of proof, objections to evidence and rulings on them;

   -   proposed findings and exceptions; and

   -   the proposed decision, including all conditions proposed to be added to the permit.

   The preliminary record shall be sent to the Environ-Management Commission for its review as follows:

   (a)   If the Commission concludes from the preliminary record that the variance qualifies as a major variance and that 1) the property owner can secure no reasonable return from, nor make any practical use of the property unless the proposed variance is granted, and 2) the variance, if granted, will not result in a serious threat to the water supply, then the Commission shall approve the variance as proposed or approved the proposed variance with conditions and stipulations. The Commission shall prepare a Commission decision and send it to the Zoning Board of Adjustment. If the Commission approves the variance with conditions and stipulations, the Board shall prepare a final decision, including such conditions and stipulations, granting the proposed variance.

   (b)   If the Commission concludes from the preliminary record that the variance qualifies as a major variance and that 1) the property owner can secure a reasonable return from or make a practical use of the property without the variance, or 2) the variance, if granted, will result in a serious threat to the water supply, then the Commission shall deny approval of the variance as proposed. The Commission shall prepare a Commission decision and send it to the Zoning Board of Adjustment. The Board shall prepare a final decision denying the variance as proposed.

(Ord. of 9/14/93; as amended by Ord. of 5/10/94; as amended by Ord. of 6/24/21)

   (1)   Intent. The M.H. Manufactured Home Overlay District is established as a district providing for the location of manufactured homes to allow for increased housing opportunities for low and moderate income residents in a manner that protects the character and property values of existing residential areas.

   (2)   Permitted uses.

   (a)   All uses permitted in the underlying district where the overlay district is applied.

   (b)   Manufactured homes provided that:

   (1)   All manufactured homes are located on lots that meet all requirements of the town’s current zoning, subdivision and other regulations, such as those relating to size, width and access to a public street;

   (2)   No lot shall contain more than one manufactured home, and no lot with a manufactured home may contain another dwelling unit or any other structure except a permissible accessory structure;

   (3)   The manufactured home meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction;

   (4)   The manufactured home has a length not exceeding four times its width;

   (5)   The manufactured home has a minimum of twelve hundred (1,200) square feet of enclosed living area:

   (6)   The pitch of the roof of the manufactured home has a minimum vertical rise of two and two-tenths feet for each twelve feet of horizontal run (2.2' and 12') and the roof is finished with a type of shingle that is commonly used in standard residential construction;

   (7)   The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (that does not exceed the reflectivity of gloss white paint), wood, or hardboard, comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction;

   (8)   The home is set up in accordance with the standards set by the N.C. Department of Insurance and a continuous, permanent masonry foundation or curtain wall, unpierced except for required ventilation and access, is installed under the manufactured home;

   (9)   Stairs, porches, entrance platforms and other means of entrance and exit to the home shall be installed or constructed in accordance with the standards set by the N.C. Department of Insurance; and

   (10)   The moving hitch, wheels, and axles and transporting lights have been removed. (Ord. of 7/26/94; as amended by Ord. of 6/24/21)