(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.
(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.
(d) Special uses.
(1) Mobile food unit commissaries.
a. Standalone commissaries shall meet all state and federal food safety requirements, specifically 15A NCAC 18A.2600, Rules Governing the Food Protection and Sanitation of Food Establishments, and the 2009 FDA Food Code.
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)