Mount Airy City Zoning Code
ARTICLE VII
Modifications
§ 112-51 Lot of record.
[Amended 4-4-2011 by Ord. No. 2010-14]
On a legal lot of record which existed on the effective date of this chapter or any amendment thereto, or which existed at the time of the application of this chapter or any amendment thereto to the lot by reason of annexation, which does not fulfill the regulations for the minimum lot area and/or width for the zone in which it is located, a building may be erected, altered and used and the lot may be used for a conforming (permitted) use, providing the yard and other requirements of this chapter are not less than the minimum specified for the zone in which the lot is located.
§ 112-52 Modification to yard requirements.
A.
Allowable projections of structure into yards and other modifications to yard requirements. Architectural features of buildings such as windowsills, cornices, roof overhangs, open fire escapes, fireproof outside stairways, chimneys and flues may project into the required yard not more than six feet. Unenclosed porches and decks may project into the required side and rear yards a distance not to exceed 1/2 of the required yard distance. Unenclosed ground floor terraces or unenclosed patios may extend into any yard area but may not be closer than six feet to a lot line.
B.
Side yards not required for second story residential uses in nonresidential structures. Side yards shall not be required for residential dwellings erected above commercial structures.
C.
Allowable projections of business structures into yards. Signs, awnings, canopies, marquees, as attached to and part of a building, may project into the front yard in the commercial districts only.
D.
Front yard depth modifications along developed streets. In order to maintain an established street character, the Planning Commission may allow the required front yard depth for a proposed building to be the same as the average front yard depth of the adjacent buildings on the same side of the street. In no case shall the front yard of the proposed building be less than 20 feet.
§ 112-53 Modification to height limitations.
Chimneys, church steeples, cooling towers, elevators, bulkheads, fire towers, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, spires, radio and television towers, grain elevators, or other such architectural and mechanical appurtenances may exceed the height regulations, provided that the required setback of the appurtenance is increased at least one additional foot for each foot that the height limit is exceeded.
§ 112-54 Modifications to lot width.
In the case of lots located along the circumference of a cul-de-sac, the minimum lot width shall be measured (arc definition) at the required minimum front building setback line and there shall be provided a minimum front lot line width of not less than 50% of the minimum lot width.
§ 112-55 Lot reduction and public sites.
In any residential district, on parcels of 30 acres or greater where the Planning Commission deems it to be in the public interest to require the dedication of land within a proposed development for specific public purposes beyond those normally required of the development, the Planning Commission may recommend the land dedication and a corresponding reduction of lot area, lot width and setback requirements to the Town Council. The reduction in lot area, lot width and setback requirements shall be equal to the percent of the development site dedicated to the specified public use, but in no event shall the reduction be greater than 20%. The maximum density of the zoning district in which the site is located shall not be exceeded. Any land dedication or reduction in lot requirements considered pursuant to this section of this chapter shall be subject to a final decision of the Town Council.
§ 112-56 Lots abutting more than one street.
A.
Front yard setback. Corner lots or any lot abutting more than one street shall maintain the front yard setback required by the zoning district in which the lot is located along each street frontage.
B.
Rear yard setback. Corner lots shall maintain one rear yard setback, and the dwelling shall be oriented on the lot so that the functional rear of the dwelling abuts the rear yard area.