(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.
(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)