Canton City Zoning Code
ARTICLE E
Application of Regulations
Section 9-4050 Wireless Communication Facilities.
In recognition of the Telecommunications Act of 1996, it is the intent of the Town of Canton to allow communications providers the opportunity to locate wireless communication facilities within the jurisdiction of this chapter in order to provide an adequate level of service to its customers while protecting the health, safety and welfare of the citizens of Canton.
(a) Application. This section shall regulate the placement, construction and modification of wireless communication facilities within the jurisdiction of this chapter. However, the following types of installations are excluded from the regulations of this section:
(1) Amateur radio facilities with antennas mounted on supporting structures less than 100 feet in height.
(2) Televisions, AM radio and FM radio broadcast transmitting antennas and towers.
(3) Residential antennas for receiving television, AM radio or FM radio broadcast signals.
(4) Customer premises antennas for receiving microwave or satellite signals, provided such antennas are less than one meter (39.4 inches) in height or diameter and are mounted on a support structure less than 12 feet in height.
(b) Location and Permits. Wireless communication towers and attached wireless communication facilities extending more than 15 feet above the highest point of the attachment structure may be located in any zoning district, excluding the Single Family or General Residential district, as a special use permit is issued by the Board of Adjustment under procedures outlined in this chapter. Such towers and facilities shall be subject to all requirements of this and all other applicable sections of this chapter. Attached wireless communication facilities extending not more than 15 feet above the highest point of the attachment structure may be located in any zoning district, excluding the Single Family or General Residential district, after issuance of a zoning permit under the provisions of this chapter. Such facilities shall meet all applicable requirements of this chapter and all other applicable town codes.
(c) Placement and Setbacks. Wireless communication towers shall be situated in such a manner as to not fall across a public street or adjoining property line in the event of structural failure. Such assurance shall be made by either situating the tower a distance from the street of adjoining property line that is greater than the height of the tower or by using a self-collapsing or telescoping structure that will collapse upon itself. Any self-collapsing or telescoping design structure must be documented by a registered engineer or architect. Required setbacks for both the communications tower and any accessory structure shall not be less than those specified in this chapter.
(d) Lighting and Height. No wireless communication tower shall be of a type or height, or placed in a location that the Federal Aviation Administration would require the tower to be lighted or painted. The applicant shall be required to certify that the proposed tower is not required to be painted or illuminated by any FAA rule or regulation. In any case, no tower shall exceed 190 feet in height measured from its base at grade to its highest point.
(e) Co-location Requirements. All new wireless communication towers with a height of 100 feet or more shall be designed and constructed to provide for the co-location of a minimum of two additional services. A written document, signed and sealed by a registered professional engineer, licensed in North Carolina, indicating that the proposed tower will accommodate at least two additional users shall be submitted with the special use permit application. Written documentation, signed by the owner or his representative, indicating that future co- locations on the proposed tower will be allowed and made available at fair market value shall also be submitted.
(f) Relationship with Existing Towers. New wireless communication towers shall not be located closer than 1,320 feet to an existing wireless communication tower unless the applicant submits written documentation sufficient, to the satisfaction of the Board of Adjustment, to show that the proposed facilities cannot be accommodated on the existing tower.
(g) FCC License Required. The applicant for a new wireless communication tower must currently be licensed by the Federal Communications Commission (FCC) to provide fixed or mobile wireless communication services or, if the applicant is not such an FCC licensee, must demonstrate that it has binding commitments from one or more FCC licensees to utilize the proposed tower.
(h) Graphics and Text. No graphics or text shall be displayed on a wireless communication tower.
(i) Fencing and Screening. All wireless communication towers and their ancillary and accessory structures and equipment shall be enclosed within a secured fence. The name and telephone number of the tower owner and operator shall be posted on the site for emergencies. If located in a residential zoning district, the fenced area shall be screened with evergreen trees on all exterior sides visible from adjacent properties and public or private roads. The trees shall be species native to the local area and shall be at least eight feet in height when planted. The trees shall be planted eight feet apart in two staggered rows. The trees shall be maintained and all dead material shall be replaced by the next growing season. A proposed screening plan shall be submitted with the application.
(j) Removal of Abandoned Wireless Communication Towers. If the permitted use of any wireless communication tower ceases for a continuous period of 90 days, the owner of the tower or the owner of the property on which the tower is located shall be required to dismantle and remove the entire tower structure within 90 days of notification that the 90 day period has expired. The owner of the tower shall provide the town’s Administrator a copy of the notice to cease operation which is filed with the FCC, within seven days of filing said notice with the FCC.
(Ord. of 8-24-99; Amended by Ord. of 6/24/21)
Section 9-4051 Use.
Except as hereinafter provided, no building or land shall hereafter be used or occupied and no building or structure or part thereof shall be erected, moved or structurally altered except in conformity with the regulations of this article, or amendments thereto, for the district in which it is located.
(Amended by Ord. of 6/24/21)
Section 9-4052 Height and density.
Except as hereinafter provided, no building shall hereafter be erected or altered so as to exceed the height limit, or to exceed the density regulations of this article for the district in which it is located.
(Amended by Ord. of 6/24/21)
Section 9-4053 Lot size.
Except as hereinafter provided, no lot, even though it may consist of one (1) or more adjacent lots of record, shall be reduced in size so that the lot width or depth, front, side, or rear yards, lot area per family or other requirements of this article are not maintained. This prohibition shall not be construed to prevent the condemnation of narrow strips of land for public utilities or street right-of-way purposes. (Amended by Ord. of 6/24/21)
Section 9-4054 Yard use limitations.
Except as hereinafter provided, no part of a yard or other open space required about any building for the purpose of complying with the provisions of this article shall be included as a part of a yard or other open space similarly required for another building.
(Amended by Ord. of 6/24/21)
Section 9-4055 Only one principal building on any lot.
Except as hereinafter provided, only one (1) principal building and its customary accessory buildings may hereafter be erected on any lot, except as authorized by section 9-4076, nor shall any building be erected on any lot which does not abut at least 25 feet on a publicly dedicated or maintained street.
(Amended by Ord. of 6/24/21)
Section 9-4056 Parking of vehicles in residential districts.
The parking of vehicles in excess of twenty (20) feet in length, from bumper to bumper, or 14,000 pounds gross vehicle weight shall be prohibited in residential districts, with the following exceptions:
(1) Recreation Vehicles (RVs) as defined in this ordinance. No more than one such vehicle shall be parked on any lot.
(2) For temporary loading and unloading purposes.
(3) For emergency home service.
(4) Vehicles hauling forestry products on Cedar Street.
Notwithstanding any other provisions of this ordinance, any use not in conformance with this section within five (5) days of its effective date shall be in violation of this ordinance.
(Ord. of 9/26/95; Amended by Ord. of 6/11/96; Amended by Ord. of 6/24/21)
Section 9-4057 Flea markets.
Flea markets are allowed as a special use in the C-4, I-1, I-2; (Highway Business, Light Industrial, Heavy Industrial) Zoning District. All flea markets established within the Town of Canton are required to adhere to the following regulations:
(a) A minimum lot area of two (2) acres is required.
(b) Flea market uses will not be allowed as an accessory use.
(c) Adequate and safe public restrooms and/or toilet facilities are required based on the projected occupancy and State Building Code requirements.
(d) All outdoor articles (as defined in “flea markets”), display tables and/or racks, tents, tarps, shelters, coverings of any type, or vehicles are allowed Friday through Sunday only.
(e) Any camping on premises is prohibited.
(f) Preparation and sale of perishable foods shall be regulated by G.S. §§ 130A-247 and 130A-248, and T15A NCAC 18A.2600, Chapter 106 Article 12 106-120 through 106-145, and Article 26 106-246 through 106-268.1.
(g) Sale or trade of exotic, domestic, or farm animals shall be prohibited.
(h) The property owner/lessor/rental agency shall be responsible for all products and services offered by individual vendors(tenant spaces, booths, tables, accessory uses, and the like);
(i) The property owner/lessor/rental agency is required to obtain a Town of Canton business license and shall require all vendors ( not otherwise licensed for whom a license is required or) who conduct business on a regular basis to receive a Town of Canton business license prior to operation.
(j) Any special events involving conventions, shows, or other events outside of normal operation of the flea market shall require a special events permit. This includes, but is not limited to: auctions, antique shows, traveling road shows, conventions, races, gun shows, boat shows, car shows, collective garage or yard sales, live entertainment, circuses, fairs, carnivals and festivals.
(k) A physical buffer (fencing, 8 foot tall shrubbery and the like) or a 50 foot setback on lot lines of adjacent properties.
(l) A minimum of two (2) customer parking spaces for each vendor site must be provided in an adjacent or separate lot. A parking area shall have a minimum of a 20 foot setback from any street or highway.
(m) Sales or display areas shall not encroach upon any required setback, block sidewalks or parking areas, or impede vehicular or pedestrian traffic.
(n) A sketch plan showing dimensions shall be submitted showing all required spaces, facilities, parking and setbacks.
(o) The property must be in compliance with all Town of Canton Code of Ordinances as well as applicable county, state, and federal laws and regulations.
(p) A violation of any condition shall be grounds to revoke the special use permit as well as subject the property owner/lessor/rental agency to penalties per section 9-5032 of the Town of Canton Code of Ordinances.
(Ord. of 9/27/11; Amended by Ord. of 6/24/21)