(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.
(24) All mobile food vendors shall operate in conjunction with a permitted restaurant or commissary in accordance with 15A NCAC 18A.2670, General Requirements for Pushcarts and Mobile Food Units, or operate as its own commissary in accordance with G.S. § 130A-248(c1).
(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)