Mount Airy City Zoning Code
ARTICLE IV
Provisions Governing Residential Districts
§ 112-23 R-1 District.
[Amended 9-3-2002 by Ord. No. 2002-18]
A.
Purpose. The R-1 District is intended to provide low-density development potential with concentration on good land management, harmony with the physical environment and a variety of housing options. It is also intended to encourage conservation of open land and assure both the continuing beauty and agricultural potential of areas located at the periphery of the community. The maximum gross residential density permitted in the R-1 District is one dwelling per unit acre.
B.
Uses permitted in the R-1 District. No building or structure may be erected or used and no land may be used or occupied except for one or more of the following principal uses:
C.
Special exceptions in the R-1 District. The Board of Appeals may authorize the following principal uses as special exceptions in accordance with the provisions of Article VIII, § 112-62:
(1)
Home occupations [§ 112-62F(7)].
(2)
Nursery schools, child-care centers [§ 112-62F(10)].
(3)
Professional office [§ 112-62F(12)].
(4)
Public utility buildings [§ 112-62F(13)].
(5)
Accessory apartments [§ 112-62F(22)].
(6)
Veterinarian clinics [§ 112-62F(18)].
(7)
Churches, schools, libraries, and community centers [§ 112-62F(19)].
(8)
Fire and rescue stations [§ 112-62F(20)].
(9)
Elderly housing, detached and attached units [§ 112-62F(21)].
(10)
Private parks and recreational facilities.
(11)
Nonresident professional offices [§ 112-62F(24)].
[Added 7-7-2003 by Ord. No. 2003-12]
D.
Density, lot area and setback requirements of the R-1 District.
(1)
Maximum density. A maximum of one dwelling unit per gross developable acre shall be permitted.
(2)
Lot area, lot width and setback requirements.
(a)
Minimum lot area: 18,000 square feet. No more than 25% of the lots within a development may be less than 24,000 square feet.
(b)
Average lot area: 24,000 square feet. No more than 25% of the lots within a development may be less than 24,000 square feet.
(c)
Minimum lot width: 100 feet.
(d)
Front yard setback: 50 feet.
(e)
Side yard setback: 12 feet.
(f)
Rear yard setback: 40 feet.
 |
§ 112-24 RE Residential-Existing District.
A.
Purpose. The RE District is intended to maintain the attractive, pleasant living environment of existing low-density residential neighborhoods, and to keep these areas free from land usage which might adversely affect these neighborhoods.
C.
Special exceptions in the RE District. The Board of Appeals may authorize the following principal uses as special exceptions in accordance with the provisions of Article VIII, § 112-62:
(1)
Home occupations [§ 112-62F(7)].
(2)
Nursery schools, child-care centers [§112-62F(10)].
(3)
Professional office [§ 112-62F(12)].
(4)
Public utility building [§ 112-62F(13)].
(5)
Family apartments [§ 112-62F(17)].
[Amended 9-8-1997 by Ord. No. 1997-2]
(6)
Veterinarian clinics [§ 112-62F(18)].
(7)
Churches, schools, libraries, and community centers [§ 112-62F(19)].
(8)
Fire and rescue stations [§ 112-62F(20)].
(9)
Elderly housing, detached and attached units [§ 112-62F(21)].
(10)
Private park and recreational facilities.
(11)
Accessory apartments [§ 112-62F(22)].
[Added 10-6-1997 by Ord. No. 1997-4]
(12)
Nonresident professional offices [§ 112-62F(24)].
[Added 7-7-2003 by Ord. No. 2003-12]
D.
Density, lot area and setback requirements of the RE District.
(1)
Maximum density. A maximum of 1.75 dwelling units per gross developable acre shall be permitted.
(2)
Lot area, lot width and setback requirements:
(a)
Minimum lot area: 14,000 square feet. No more than 25% of the lots within a development may be less than 18,000 square feet.
(b)
Average lot area: 18,000 square feet. No more than 25% of the lots within a development may be less than 18,000 square feet.
(c)
Minimum lot width: 100 feet.
(d)
Front yard setback: 50 feet.
(e)
Side yard setback: 12 feet.
(f)
Rear yard setback: 40 feet.
 |
§ 112-25 R2 District.
A.
Purpose. The R2 District is intended to encourage and promote the development of low-density residential neighborhoods that include some diversity of lot sizes and housing types, and certain other land uses that complement the residential community. The typical development should result in lot areas averaging approximately 16,000 square feet.
C.
Special exceptions in the R2 District. The Board of Appeals may authorize the following principal uses as special exceptions in accordance with the provisions of Article VIII, § 112-62.
(1)
Home occupations [§ 112-62F(7)].
(2)
Nursery schools, child-care center [§ 112-62F(10)].
(3)
Professional office [§ 112-62F(12)].
(4)
Public utility buildings [§ 112-62F(13)].
(5)
Family apartments [§ 112-62F(17)].
[Amended 9-8-1997 by Ord. No. 1997-2]
(6)
Veterinarian clinics [§ 112-62F(18)].
(7)
Churches, schools, libraries, and community centers [§ 112-62F(19)].
(8)
Fire and rescue stations [§ 112-62F(20)].
(9)
Elderly housing, detached and attached units [§ 112-62F(21)].
(10)
Private parks and recreational facilities.
(11)
Accessory apartments [§ 112-62F(22)].
[Added 10-6-1997 by Ord. No. 1997-4]
(12)
Nonresident professional offices [§ 112-62F(24)].
[Added 7-7-2003 by Ord. No. 2003-12]
§ 112-26 R3 District.
A.
Purpose. The R3 District is intended to encourage and promote the development of smaller lots, pedestrian-friendly neighborhoods with land uses that complement the residential community. The typical development should result in lot areas averaging approximately 9,000 square feet.
C.
Special exceptions in the R3 District. The Board of Appeals may authorize the following principal uses as special exceptions in accordance with the provisions of Article VIII, § 112-62:
(1)
Home occupations [§ 112-62F(7)].
(2)
Nursery schools, child-care centers [§ 112-62F(10)].
(3)
Professional offices [§ 112-62F(12)].
(4)
Public utility building [§ 112-62F(13)].
(5)
Elderly housing, apartments and condominiums [§ 112-62F(16)].
(6)
Family apartments [§ 112-62F(17)].
[Amended 9-8-1997 by Ord. No. 1997-2]
(7)
Veterinarian clinics [§ 112-62F(18).
(8)
Churches, schools, libraries, and community centers [§ 112-62F(19)].
(9)
Fire and rescue stations [§ 112-62F(20)].
(10)
Elderly housing, detached and attached units [§ 112-62F(21)].
(11)
Private parks and recreational facilities.
(12)
Accessory apartments [§ 112-62F(22)].
[Added 10-6-1997 by Ord. No. 1997-4]
(13)
Nonresident professional offices [§ 112-62F(24)].
[Added 7-7-2003 by Ord. No. 2003-12]
D.
Density, lot area and setback requirements of the R3 District.
(1)
Maximum density. A maximum of three dwelling units per net developable acre shall be permitted.
(2)
Variety of lot types required in subdivisions. New subdivisions yielding 50 or more lots shall design at least 10% of the lots for semidetached units and at least 10% of the lots for detached units.
§ 112-27 R5 District.
A.
Purpose. The R5 District is intended to provide attractive, medium-density residential neighborhoods of limited size. A mixture of detached dwellings, semidetached dwellings, and townhouses is required in an effort to promote housing diversity and a pedestrian-friendly environment.
B.
Uses permitted in the R5 District. No building or structure may be erected or used and no land may be used or occupied except for one or more of the following principal uses.
C.
Special exceptions in the R5 District. The Board of Appeals my authorize the following principal uses as special exceptions in accordance with the provisions of Article VIII, § 112-62:
(1)
Boarding house, lodging house [§ 112-62F(1)].
(2)
Clubs, fraternal and service organizations [§ 112-62F(3)]
(3)
Convalescent or nursing home [§ 112-62F(4)].
(4)
Home occupations [§ 112-62F(7)].
(5)
Nursery schools, child-care centers [§ 112-62F(10)].
(6)
Professional office [§ 112-62F(12)].
(7)
Public utility building [§ 112-62F(13)].
(8)
Elderly housing, apartments and condominiums [§ 112-62F(16)].
(9)
Family apartments [§ 112-62F(17)].
[Amended 9-8-1997 by Ord. No. 1997-2]
(10)
Veterinarian clinics [§112-62F(18)].
(11)
Churches, schools, libraries, and community centers [§ 112-62F(19)].
(12)
Fire and rescue stations [§ 112-62F(20)].
(13)
Elderly housing, detached and attached units [§ 112-62F(21)].
(14)
Private parks and recreational facilities.
(15)
Accessory apartments [§ 112-62F(22)].
[Added 10-6-1997 by Ord. No. 1997-4]
(16)
Nonresident professional offices [§ 112-62F(24)].
[Added 7-7-2003 by Ord. No. 2003-12]
D.
Density, lot area and setback requirements of the R5 District:
(1)
Maximum density. A maximum of five dwelling units per net developable acre shall be permitted.
(2)
Variety of lot types required in subdivisions. Property subdivided under the requirements of the R5 District shall provide a variety of lot types according to the following criteria:
(a)
No less than 30% of the total lot yield shall be detached dwelling units.
(b)
No more than 40% of the total lot yield shall be semidetached dwelling units.
(c)
No more than 40% of the total lot yield shall consist of townhouse units. No more than four dwelling units may be attached in one grouping.
(3)
Lot area, lot width, and setback requirements:
R5 District | Detached | Semidetached | Townhouse (mid-unit) | Townhouse (end-unit) | |
|---|---|---|---|---|---|
Minimum lot area* (square feet) | 6,000 | 4,000 | 2,000 | 3,000 | |
Minimum lot width (feet) | 60 | 40 | 20 | 30 | |
Front yard setback (feet) | 15 | 15 | 15 | 15 | |
Side yard setback (feet) | 10 | 10** | N/A** | 10** | |
Rear yard setback (feet) | 40 | 40 | 40 | 40 |
NOTES: *Minimum lot area does not include common areas such as parking and sidewalks. **Side yard setbacks are not applied where dwelling units adjoin a common lot line. |
 |
§ 112-28 R7 District.
A.
Purpose. The R7 District is intended to provide maximum flexibility to design high-density residential neighborhoods in a safe, attractive and environmentally responsible manner.
B.
Uses permitted in the R7 District. No building or structure may be erected or used and no land may be used or occupied except for one or more of the following principal uses.
C.
Special exceptions in the R7 District. The Board of Appeals may authorize the following principal uses as special exceptions in accordance with the provisions of Article VIII, § 112-62:
(1)
Boarding house, lodging house [§ 112-62F(1)].
(2)
Clubs, fraternal and service organizations [§ 112-62F(3)].
(3)
Convalescent or nursing home [§ 112-62F(4)].
(4)
Home occupations [§ 112-62F(7)].
(5)
Nursery schools, child-care centers [§ 112-62F(10).
(6)
Professional office [§ 112-62F(12)].
(7)
Public utility building [§ 112-62F(13)].
(8)
Elderly housing, apartments and condominiums [§ 112-62F(16)].
(9)
Family apartments [§ 112-62F(17)].
[Amended 9-8-1997 by Ord. No. 1997-2]
(10)
Veterinarian clinics [§ 112-62F(18)].
(11)
Churches, schools, libraries, and community centers [§ 112-62F(19)].
(12)
Fire and rescue stations [§ 112-62F(20)].
(13)
Elderly housing, detached and attached units [§ 112-62F(21)].
(14)
Private parks and recreational facilities.
(15)
Accessory apartments [§ 112-62F(22)].
[Added 10-6-1997 by Ord. No. 1997-4]
(16)
Nonresident professional offices [§ 112-62F(24)].
[Added 7-7-2003 by Ord. No. 2003-12]
D.
Density, lot area and setback requirements of the R7 District:
(1)
Maximum density. A maximum of seven dwelling units per net developable acre shall be permitted.
(2)
Maximum number of attached townhouses. No more than five dwelling units may be attached in any one townhouse group.
(3)
Lot area, lot width, and setback requirements:
Requirement | Mid-Unit | End-Unit | |
|---|---|---|---|
Minimum lot area (square feet) | 2,000* | 3,000* | |
Minimum lot width (feet) | 20 | 30 | |
Front yard setback (feet) | 15 | 15 | |
Side yard setback (feet) | N/A** | 10 | |
Rear yard setback (feet) | 40 | 40 |
NOTES: *Minimum lot area does not include common area such as parking and sidewalks. **Side yard setbacks are not applied where dwelling units adjoin a common lot line. |
 |
 |
R7 District Multifamily Dwelling | ||
|---|---|---|
Minimum lot area (square feet/unit) | 3,000 | |
Front yard setback (feet) | 30 | |
Side yard setback (feet) | 30 | |
Rear yard setback (feet) | 60 | |
§ 112-29 Conservation District.
[Added 12-2-2002 by Ord. No. 2002-27]
A.
Purpose. The Conservation District is intended to provide a very low-density development potential only for those areas where, due to natural geographic factors, or sensitive environmental areas (including watershed and subwatershed areas for existing or proposed reservoirs) it is considered desirable to conserve open spaces, protect water supply sources, and protect woodland areas, wildlife and other natural resources. This district may include extensive steeply sloped areas, stream valleys, watershed areas, water supply sources, and wooded areas adjacent thereto. The maximum gross residential density permitted in the Conservation District is one dwelling unit for every three acres.
B.
Uses permitted in the Conservation District. No building or structure may be erected or used and no land may be used or occupied except for one or more of the following principal uses:
(1)
Single-family dwellings.
(2)
Agricultural, subject to any limitations on distance for keeping, feeding or caring for farm animals that may be imposed where adjacent to residential, commercial or industrial zoned land.
(3)
Parks, playgrounds, golf courses, public and private recreational uses and cemeteries.
(4)
Water supply works, flood control or watershed protection works, and fish and game hatcheries.
(5)
Nature study preserves and reservations.
(6)
Accessory uses.
C.
Special exceptions in the Conservation District. The Board of Appeals may authorize the following principal uses as special exceptions in accordance with the provision of Article VIII, § 112-62:
(1)
Home occupations [§ 112-62F(7)].
(2)
Professional office [§ 112-62F(12)].
(3)
Public utility buildings [§ 112-62F(13)].
(4)
Accessory apartments [§ 112-62F(22)].
(5)
Veterinarian clinics [§ 112-62F(18)].
(6)
Churches, schools, libraries, and community centers [§ 112-62F(19)].
(7)
Fire and rescue stations [§ 112-62F(20)].
(8)
Private parks and recreational facilities.
D.
Density, lot area and setback requirements of the Conservation District:
(1)
Maximum density. A maximum of one dwelling unit for every three gross developable acres shall be permitted.
(2)
Lot area, lot width and setback requirements.
(a)
Minimum lot area: 28,000 square feet. No more than 25% of the lots within a development may be less than 40,000 square feet.
(b)
Average lot area: 40,000 square feet. No more than 25% of the lots within a development may be less than 40,000 square feet.
(c)
Minimum lot width: 100 feet.
(d)
Front yard setback: 50 feet.
(e)
Side yard setback: 12 feet.
(f)
Rear yard setback: 40 feet.
 |
§ 112-30 Required lot area, lot width, and yards in residential districts.
Minimum Lot Area (square feet) | Minimum Lot Width (feet) | Minimum Front Yard Setback (feet) | Minimum Side Yard Setback (feet) | One Rear Yard Setback (feet) | ||
|---|---|---|---|---|---|---|
R1 District | ||||||
Detached dwelling | 18,000 | 100 | 50 | 12 | 40 | |
RE District | ||||||
Detached dwelling | 18,000 | 100 | 50 | 12 | 40 | |
R2 District | ||||||
Detached dwelling | 11,000 | 85 | 30 | 10 | 40 | |
R3 District | ||||||
Detached dwelling | 7,200 | 60 | 20 | 10 | 40 | |
Semidetached dwelling | 6,000 | 50 | 20 | 10 | 40 | |
R5 District | ||||||
Detached dwelling | 6,000 | 60 | 15 | 10 | 40 | |
Semidetached dwelling | 4,000 | 40 | 15 | 10 | 40 | |
Townhouse (mid unit) | 2,000 | 20 | 15 | -- | 40 | |
Townhouse (end-unit) | 3,000 | 30 | 15 | 10 | 40 | |
R7 District | ||||||
Detached dwelling | 6,000 | 60 | 15 | 10 | 40 | |
Semidetached dwelling | 4,000 | 40 | 15 | 10 | 40 | |
Townhouse (mid-unit) | 2,000 | 20 | 15 | -- | 40 | |
Townhouse (end-unit) | 3,000 | 30 | 15 | 10 | 40 | |
Multifamily dwelling | 3,000 (per unit) | -- | 30 | 30 | 60 | |
Conservation District | 28,000 | 100 | 50 | 12 | 40 | |
In all residential districts | ||||||
Other permitted uses having structures | 12,000 | 75 | 35 | 12 | 40 | |
§ 112-31 Building height regulations in residential districts.
No building shall exceed 35 feet in height, unless each side yard is increased over the required minimum by one foot for every foot of additional height above 35 feet. In no case shall the building height exceed 50 feet.
§ 112-32 Residential parking requirements.
A.
Required parking spaces. For each residential unit there shall be three parking spaces.
B.
For lots that have 70 feet or greater lot width, two of the required parking spaces required for each dwelling shall be located in the side or rear yard areas. All required parking spaces shall be located on the lot. No more than two required parking spaces may be stacked front-to-back in a single row. (Refer to illustrations below.)
 |
C.
For lots with less than a 70 feet lot width:
(1)
Two of the three required parking spaces shall be located on the lot, or reserved for that lot in a common parking area. For each required parking space not located on a lot or reserved for that lot, two on-street parking spaces shall be provided.
(2)
Parking spaces on the lot shall be located in side or rear yard areas only.
D.
Detached garages. On detached and semidetached lots, detached garages shall maintain the minimum front yard setback from any public street, and shall be set back a minimum of six feet from side or rear lot lines. On townhouse lots, detached garages may not exceed 20 feet in width or depth, shall be located so that they adjoin the adjacent garage on the common lot line, and shall be set back a minimum of six feet from rear lot lines.
E.
On-street parking. On-street parking spaces shall be parallel to the edge of pavement.
§ 112-33 Fencing.
[Amended 3-3-2003 by Ord. No. 2003-5]
A.
Permit required. A permit shall be obtained prior to the construction of a fence in residential zones.
B.
Front yard area regulations. Fences up to 42 inches in height are permitted in front yard areas on the front lot line and side lot lines, but shall not be closer than 12 inches to any existing or planned sidewalk location. Fences shall be designed to permit visibility through the fence and shall be no more than 50% opaque.
C.
Side and rear yard area regulations. In side and rear yard areas, fences my be located on the side and rear lot lines. The fence material shall be no more than six feet in height and may be 100% opaque to provide for privacy. Installed, the fence shall not exceed six feet six inches in height.
D.
Setback from driveways. Fences shall be no closer than five feet to the edge of pavement of a driveway.
E.
Homeowners' association. It is the homeowner's responsibility to have his or her fence approved by his or her homeowners' association where applicable. A permit from the Town does not negate a homeowners' association's covenants and/or restrictions.
§ 112-34 Accessory structures.
A.
Permit required. Accessory structures over 100 square feet require a building permit. Wireless facilities, support structures and related equipment require a permit from the Planning Commission as set forth in § 112-19.1 above.
[Amended 1-10-2022 by Ord. No. 2021-18]
B.
Location. Accessory structures are not permitted in front yard areas. Accessory structures 100 square feet or less shall be set back three feet from side and rear lot lines. Accessory structures over 100 square feet shall be set back a minimum of six feet from side and rear lot lines. Notwithstanding the foregoing, wireless facilities, support structures and related equipment shall be goverend by § 112-19.1 above.
[Amended 1-10-2022 by Ord. No. 2021-18]
C.
Maximum lot coverage. The total coverage of any structure on one lot shall not exceed 30% of the total rear yard area.
D.
Height general rule. Accessory structures shall not exceed one story or 10 feet in height. For structures covered by a roof, the highest point of the roof shall not exceed 15 feet in height.
[Amended 3-3-2003 by Ord. No. 2003-6]
(1)
Garages may have up to two stories but shall not exceed the elevation of the principal structure. Garages exceeding one story must meet all setbacks and other requirements of this chapter that apply to the principal structure.
(2)
Any use of a garage or accessory structure as a residence shall be considered an accessory apartment and as such subject to the special exception process and standards provided under § 112-62F(22) of this chapter, as well as any other applicable rules, requirements and regulations for accessory apartments.
(3)
It is the homeowner's responsibility to have any accessory structure approved by his or her homeowners' association where applicable. A permit from the Town does not negate a homeowners' association covenants and/or restrictions.
E.
F.
Homeowners’ association. It is the homeowner's responsibility to have the accessory structure approved by his or her homeowners' association where applicable. A permit from the Town does not negate a homeowners' association's covenants and/or restrictions.
§ 112-35 Special development modifications in R5 and R7 Districts.
A.
Purpose. It is the intent of this chapter that the minimum lot width, lot area and setback requirements for each zoning district be adhered to. However, in higher density development districts, it is acknowledged that due to specific site constraints strict adherence to the lot criteria may result in a less desirable subdivision plan than an alternative plan. The purpose of this provision is to allow for variation in the lot criteria, without an increase in the permitted density, so that the approved plan is the most appropriate design for a particular site.
B.
Applicability. The provisions of this section apply only to the R5 and R7 Zoning Districts.
C.
Maximum density. The maximum lot yield for a subdivision designed under the provisions of this section shall not exceed the permitted density for the district in which the subdivision is located. For the purposes of this section, the term ”density” shall refer to the maximum number of dwelling units, which could be built on the net developable acreage.
D.
Justification. It shall be the responsibility of the applicant to prove that the proposed modifications to the lot criteria are justified. In making such a presentation, the applicant shall prove the following conditions:
(1)
That the modifications requested will not be detrimental to the health, safety or public welfare.
(2)
That the modifications requested will result in a subdivision plan that better protects environmental resource areas, and/or is the best proposal to develop a more steeply sloping site.
(3)
That the modifications requested will result in a subdivision plan that is more beneficial to the public interest than a subdivision plan designed in strict conformance with the lot criteria in which the site is located.
E.
Procedure.
(1)
A concept plan shall be submitted which, in addition to other information required at the concept plan review, shall identify the modifications requested and the type of dwelling units proposed.
(2)
The Planning Commission shall review the request for modifications and vote to recommend the concept plan and requested modifications for development as a preliminary plan. If approved, the applicant may submit a preliminary plan in accordance with Chapter 98, Subdivision of Land and Site Plan Approval.
(3)
If the preliminary plan and requested modifications are approved by the Planning Commission, the applicant shall proceed with platting of the development in accordance with Chapter 98, Subdivision of Land and Site Plan Review. Final plat shall bear a statement indicating that the development received approval for special development modifications and specifically list the modifications that were approved.
§ 112-36 Site plans required for residential uses for multifamily and single-family condominiums.
Whenever any use, except single-family detached dwellings, is to be constructed, whether for sale, lease, rent or other purpose, a site plan of the entire development must be submitted to the Planning Commission and approved by them. Said site plan shall show all building locations on the site, streets, sidewalks, driveways, parking areas, landscaping, on-site provisions for water sewerage facilities, provisions for storm drainage and open space, recreation area, and streetlighting, all showing relationship to adjacent development. The site plan shall conform to all specifications and requirements of the district and of Article VI, Design Standards, and Article VII, Improvements, of Chapter 98, Subdivision of Land and Site Plan Approval.
A.
Site plan format. All site plans shall comply with the platting requirements of a preliminary subdivision plat, Appendix E of Chapter 98, Subdivision of Land and Site Plan Approval.
B.
Site plan fee.
(2)
The fee is payable at the time of submission. Charges will include the cost of review by the Town's employees and consultants. At the conclusion of the review process, if total charges are less than the fee imposed, a refund will be given to the developer, and if greater, the developer will be billed for the difference. Fifteen percent will be added to the total charges for the Town's cost of administration and overhead. The rates for charges shall be established from time to time by resolution of the Town Council. Charges will be billed monthly if in excess of the fee imposed as set forth above. If any charges are not paid within 60 days of billing, the Town will withhold further review, approvals and/or issuance of any required permits until paid in full together with interest at the rate of 1% per month or fraction thereof from the date of billing to the date of payment.