Where the owner of a lot of official record in any district at the time of the adoption of this chapter or his successor in title thereto does not own sufficient contiguous land to enable him to conform to the minimum lot size requirements of this chapter, such lot may be used as a building site provided that the lot requirements are not reduced below the minimum specified in this chapter by more than 20 percent. If, however, the owner of two (2) or more adjoining lots, with insufficient land dimensions, decides to build on or sell off these lots, he must first combine the lots to comply with the dimensional requirements of the chapter. Any lot requiring dimensional waivers below the 20 percent minimum set forth in this section shall be approved by the Zoning Board of Adjustment provided that further decreased dimensional requirements shall conform as closely as possible to the required dimensions.

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

   The front yard setback requirements of this article for dwellings shall not apply to any lot where the average setback of existing buildings located wholly or partially within 100 feet on either side of the proposed dwelling, and on the same side of the same block and use district, and fronting on the same street as such lot, is less than the minimum required front yard depth. In such case the setback on the lots may be less than the required setback, but not less than the average of the existing setbacks on the aforementioned lots, or a distance of 10 feet from the street right-of-way line, whichever is greater.

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

   The height limitations of this article shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, monuments, water towers, observation towers, transmission towers, chimneys, smokestacks conveyors, flag poles, radio towers, television towers, masts, aerials and similar structures, except as otherwise provided in the vicinity of airports.

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

   On a corner lot in any residential district no planting, structure, sign, fence, wall or obstruction to vision, more than three (3) feet in height measured from the center line of the street shall be placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line connecting points on the street right-of-way lines each of which is 35 feet distant from the point of intersection.

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

   Every part of a required yard or court shall be open from its lowest point to the sky unobstructed, except for:

   (1)   The ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum court more than six (6) inches nor into a minimum side yard more than 24 inches.

   (2)   Open or enclosed fire escapes, fireproof outside stairways and balconies projecting into a minimum yard or court not more than 50 percent of the required side yard and the ordinary projections or chimneys and flues may be permitted by the Administrator where same are so placed as not to obstruct the light and ventilation.

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

   In the case of two (2) or more principal buildings to be constructed on a plot of ground of at least two (2) acres not subdivided into the customary streets and lots and which will not be so subdivided, the application of the terms of this article may be varied by the Board of Aldermen in a manner that will be in harmony with the character of the neighborhood, provided:

   (1)   It is legislatively approved as a conditional district in accordance with 9-4014.

   (2)   The uses are limited to those permitted within the zoning district in which the project is located;

   (3)   The overall intensity of land use is no higher, and the standard of open space is no lower than that permitted in the district in which the project is located;

   (4)   The distance of every building from the nearest property line shall meet the front, side, and rear yard requirements of the district in which the project is located;

   (5)   If the property lies within or abuts a residential district, and is to be used for a nonresidential purpose, there shall be a densely planted buffer strip at least 10 feet in height along the rear and/or side lot lines abutting the residential properties. No such buffer shall, however, extend nearer to a street right-of-way line than the established building line of the adjoining residential lot.

   (6)   Signs not to exceed 12 square feet with no flashing illumination.

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

   Areas lying outside the floodway district, but within the area covered by the regional flood, shall be subject to the following regulations:

   (1)   No building or structure shall be erected, and no existing building or structure shall be extended or moved unless the main floor of the building or structure is placed outside of the flood hazard areas, as determined from the FEMA FIRM maps as incorporated by this chapter. Foundations of all structures shall be designed to withstand flood conditions at the site.

   (2)   Land may be filled within these flood-fringed areas provided the fill extends 25 feet beyond the limits of any structures erected thereon.

   (3)   Any structures proposed to be located outside the floodway district, but within 100 feet of any main drainage channel or stream (hereafter referred to as stream) within Canton or within one (1) mile of the corporate limits, must be approved by the Planning Board. The Planning Board or other designated public officials shall determine on the basis of the area of the watershed and the probable runoff, the openings needed for the stream, or how close a structure may be built to the stream, in order to assure adequate space for the flow of flood water. However, no building shall be permitted within 10 feet of the top of the bank of the stream.

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

   The following regulations shall apply to all gasoline service or filling stations:

   (1)   All buildings shall be located at least 40 feet from any street right-of-way line.

   (2)   Gasoline pumps and other appliances shall be located at least 12 feet from any street right-of-way line.

   (3)   All service, storage or similar activities shall be conducted entirely on the premises.

   (4)   All major repair work if any, shall be conducted within a completely enclosed building.

   (5)   Open storage of wrecked or inoperable cars, discarded tires, auto parts or similar material shall not be permitted.

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

   These conditions are established as a reasonable and impartial method of regulation of advertising structures in order to insure light, air, and open space, to reduce hazards at intersections, and to protect property values of the entire community. The regulations for signs, billboards and other advertising structures are enumerated below.

   (a)   In any zoning district the following general regulations shall apply:

   (1)   No sign shall be erected or maintained where by reason of its position, wording, illumination, size, shape or color it may obstruct, impair, obscure, interfere with the view of, or be confused with, any authorized traffic control sign, signal or device.

   (2)   No sign having flashing, intermittent or animated illumination shall be permitted within 300 feet of property in any residence district unless the sign is not visible from the property.

   (3)   No illuminated sign shall be permitted within 50 feet of property in any residence district unless the illumination of the sign is so designed that it does not shine or reflect light onto the property.

   (4)   No ground sign shall be erected to exceed 30 feet above the ground level or 25 feet in length. The bottom coping of every ground sign shall be at least three (3) feet above the ground or street level.

   (5)   Outdoor advertising structures shall be erected or placed in conformity with the side, front, and rear yard requirements of the district in which located. However, no sign shall be erected or placed closer than within 100 feet of any residence district.

   (6)   Signs erected and overhanging any sidewalk must be placed at least nine (9) feet above the sidewalk and may extend over the sidewalk a distance equal to two-thirds (2/3) the width of the sidewalk, but in no case exceeding 10 feet.

   (7)   Professional signs and signs for home occupations shall not exceed three (3) square feet in area.

   (8)   No new off-premises outdoor advertising (billboards) signs shall be allowed within the corporate limits of the extraterratorial jurisdiction (ETJ) of the town. This provision shall be effective in every zoning district.

   (b)   Off-premises church, lodge, club, or civic or fraternal organization signs.

   (1)   All such signs shall be approved by the Town and placed only on bulletin boards erected by the Town and located along major highway entrances to the corporate limits.

   (2)   To obtain said approval, application shall be made to the Administrator. Upon receipt of the application the Administrator shall forward all information pertaining to the application to the Canton Beautification Commission for review and recommendation. The Beautification Commission shall review and make its recommendations at its next regularly scheduled meeting. Failure to make a recommendation shall be deemed approval.

   (3)   Approval shall entitle the applicant to have a sign placed on any one or all the bulletin boards erected by the Town. The cost of making the signs shall be borne by the applicant.

(Ord. of 7/10/84; As Amended by Ord. of 9/14/04; As Amended by Ord. of 6/24/21)

   A temporary permit may be issued for placement of a mobile home on a lot containing an existing dwelling unit. The mobile home for residential purposes, must meet all dimensional requirements and the permit is valid for six (6) months at which time it may be reissued by the Administrator.

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

   Street and highway rights-of-way shall not be determined as a part of a lot or any required yard or open space.

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

   Where a side yard abuts a street, the setback requirements for the side yard shall be the same as the front yard setback requirements for abutting property on the side streets.

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