Town of Mount Airy, MD
Carroll County
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Table of Contents
Table of Contents
A. 
For the purpose of this chapter, all land within the Town of Mount Airy is hereby designated on the Zoning Map[1] as being in one of the following districts:
RE
Existing Residential District
R1
Residential District
R2
Residential District
R3
Residential District
R5
Residential District
R7
Residential District
CD
Conservation District
LC
Limited Commercial District
NP
Neighborhood Professional District
CC
Community Commercial District
I
Industrial District
[1]
Editor's Note: The Zoning Map is on file in the Town offices.
B. 
Unless otherwise indicated on the zoning district maps, the boundary lines of the districts follow lot lines, center lines of streets, alleys, railroad beds, or such center lines extended, center lines of creeks, measured lines, or the corporate limit line as existing at the time of adoption of this chapter and as subsequently and lawfully amended.
[Amended 6-5-2006 by Ord. No. 2006-2; 8-14-2006 by Ord. No. 2006-10; 5-7-2007 by Ord. No. 2007-15]
No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered by permit unless for the use expressly permitted by and in conformity with the regulations and minimum construction, architecture and design requirements for the district in which it is located.
A. 
Zoning of annexed areas. All territory which may hereafter be annexed to the Town shall from time of annexation be considered as being in the R-1 District until changed by ordinance, unless the resolution of annexation by the Town Council provides for other district classification or classifications.
B. 
Referral to Planning and Zoning Commission. The Town Council shall refer all annexations to the Planning Commission for recommendation and report on annexation and the zoning classification. If the Commission makes no report on either annexation or zoning within 120 days from the date the Town Council by motion refers it to the Commission, it shall be considered to have made a report making no recommendation, provided that the Town Council may extend this period of 120 days for one definite additional period for a demonstrated sufficient reason. The Town Council shall then hold a public hearing as described in Subsection C below.
C. 
Public hearing. After the Planning Commission shall have rendered its recommendation as described above in Subsection B, the Town Council shall then hold a public hearing in relation thereto, as required by Article 23A, § 19, of the Annotated Code by giving required notice of the time and place of such hearing in a newspaper published in or having a general circulation in the Town of Mount Airy. Zoning of annexed areas must comply with Article 23A of the Annotated Code.
D. 
Location of zoning line in vacated street. Whenever the Town Council vacates a street or alley, adjacent districts shall extend to the center line of the vacation.
Yards, parking space, or lot area required for one building cannot be used for another main building nor can the size of a lot be reduced below the requirements of this chapter.
[Amended 1-6-2003 by Ord. No. 2002-30]
Any use not specifically enumerated as being allowed in a given district in this chapter shall not be allowed by approval of a special exception from the Board of Appeals unless the Board of Appeals find that the use not specifically enumerated is identical in impact to a use permitted by right or allowed by special exception in the district. All such uses must meet all requirements for the identical use as well as the general requirements for a special exception (§ 112-62E). This section shall not apply to any use (or similar use) that is expressly listed in this chapter as being prohibited.
Any lawful use of land or structure existing at the time of adoption of this chapter, or subsequent amendment of this chapter, may be continued with the following limitations:
A. 
Expansion of nonconforming uses. Nonconforming uses may upgrade, repair, or make alterations to their facilities. However, for the expansion of any nonconforming use, a site plan must be approved by the Town Planning Commission. Such expansion must meet the following requirements:
(1) 
Expansion is limited to the lot that exists at the time of adoption of this chapter and additional acreage may not be added to enlarge any nonconforming use.
(2) 
Provision for access drives, off-street parking and loading shall be consistent with the requirements for the use as provided in this chapter.
(3) 
Provisions for yards, building height and building area shall be consistent with the requirements for the most restricted permitted uses for the zone in which the nonconformity is located.
(4) 
Buffers and screens shall be provided as determined by the Planning Commission to adequately protect neighboring properties. This includes but is not limited to fences, walls, plantings and open space.
B. 
Nonconforming uses not to rebuild. Any nonconforming use, which has been damaged to the extent of 80% or more of its current fair market value, as estimated immediately prior to damage, shall not be rebuilt, replaced, or reconstructed except in conformity with this chapter, or upon a finding by the Board of Appeals that the new use is of the same type and would not have any more adverse impact than the prior use. Nonconforming single-family dwellings are exempt from this section and may be rebuilt.
C. 
Discontinued nonconforming uses not to reestablish after one year. No nonconforming use shall be established or reestablished after having been discontinued for one year. Vacating of premises or building, or nonoperative status shall be evidence of a discontinued use.
D. 
Substitution of nonconforming uses. A nonconforming use may be substituted for any other nonconforming use only through a special exception approval where there Board of Appeals determines that the new use would be a lesser use with a lesser impact on the community.
E. 
Nonconforming structures not meeting dimensional requirements. Nonconforming structures which do not meet the dimensional requirements (i.e., height, setbacks, lot area, etc.) may be used for special exception uses only so long as the nonconformity is not increased and that the request complies with all other Board of Appeals conditions for a special exception.
F. 
Allowable projections of nonconforming building setbacks into yards. Whenever a building exists with nonconforming setbacks, such building may be expanded along the existing nonconforming setback line provided that no new nonconformities are created and the existing nonconforming setback is not increased.
[Amended 2-1-2010 by Ord. No. 2009-7]
A. 
Size of parking space. Each parking space shall not be less than nine feet wide and 20 feet long (no exceptions), exclusive of passageways and driveways appurtenant to the space and giving access to it. Minimum parking aisle widths are:
(1) 
Twenty-four feet for 90° parking.
(2) 
Eighteen feet for 60° parking.
(3) 
Thirteen feet for 45° parking.
(4) 
Eleven feet for 30° parking.
B. 
Spaces required. Off-street parking spaces must be provided for each building erected or enlarged in accordance with the following schedule, except as may be authorized below:
[Amended 2-1-2016 by Ord. No. 2015-22; 9-11-2017 by Ord. No. 2017-7]
Type of Use
Minimum Parking Space
Time of Use1
(a/b/c/d/e/f)
Residential dwelling (other than apartments)
3 spaces per unit
100/60/100/100/80/100
Residential apartment
2 spaces per unit
100/60/100/100/80/100
Boardinghouse
1 space per bedroom
100/60/100/100/80/100
Bed-and-breakfast (special exception)
2 spaces plus 1 per guest room [refer to § 112-62F(26]
100/40/100/100/40/100
Hotel, motel, hotel with conference center
1 space per room plus 1 space employee
100/70/100/100/70/100
Office building
1 space per 250 square feet
5/100/20/5/10/10
Retail store or shop
1 space per 150 square feet of gross floor area
5/70/80/5/100/100
Restaurant
Indoor dining: 1 space for each 90 square feet of gross floor area of the building in which the restaurant is located or 1 space for each 2 seats, whichever is greater, plus
5/80/100/5/80/100
Outdoor dining: 1 space for each 90 square feet of land area set aside or provided for outdoor dining (served seating and/or dedicated seating for one particular restaurant) or 1 space for each 4 seats, whichever requirement is greater
Bowling alley
4 spaces per lane plus 1 space per employee
5/20/60/5/100/100
Other recreational establishments
1 space per 250 square feet of gross floor area
10/40/100/50/80/100
Automobile repair, gasoline
1 space per 400 square feet of gross floor area and ground area devoted to repair and service facilities
70/100/100/70/100/100
Flex space, industrial
1 space per employee plus 1 space per company vehicle on the lot, or 3.5 spaces per 1,000 square feet gross floor area, whichever is greater
5/100/20/5/5/5
Warehouses
2 spaces per 1,000 square feet of gross floor area
5/100/20/5/5/5
Self-storage (mini warehouses)
1 space per 1,500 square feet of gross floor area plus 2 spaces per employee
5/100/20/5/5/5
Funeral home
10 spaces per public room or 1 space per 50 square feet of floor area, whichever requirement is greater
5/100/100/5/100/100
Clubs, lodges and other similar places
1 space per 3 persons capacity or 1 space per 100 square feet of floor area of meeting rooms, whichever is greater
5/50/100/5/100/100
Other commercial buildings
1 space per 250 square feet of gross floor area
5/100/100/5/100/100
Hospital, sanitarium
1 space per bed plus 1 space per 1.5 employees, or 1 per 200 square feet of gross floor area, whichever is greater
100/100/100/100/100/100
Auditorium, church without preschool, theater and other such places of public assembly, non-weekday institutional
1 space per 3 persons' capacity
5/70/100/5/100/100
Convenience stores
1 space per 200 square feet of gross floor area
10/100/100/10/100/100
Medical offices
5 spaces per doctor plus 1 space per employee or 1 space per 250 square feet of gross floor area, whichever is greater
5/100/20/5/100/20
Veterinary clinic
3 spaces per doctor, plus 1 space per employee
5/100/20/5/100/20
Beauty and barber
3 spaces per operator or 1 space per 100 square feet of gross floor area, whichever is greater, plus 1 space per employee
5/50/100/5/100/100
Preschool, day-care, nursery
1 space per employee plus 1 space per 6 students
5/100/20/5/10/10
Grade school (K-8), private school, or weekday institutional
2 spaces per classroom plus 1 space per 8 seats in auditoriums and assembly halls
5/100/20/5/10/10
Grade school (9-12), private school, or weekday institutional
1 space per 10 students plus 1 space per school staff (teachers and employees)
5/100/100/5/100/100
Banks
1 space per 200 square feet of gross floor area plus 1 space per employee; drive-through stacking that does not impede through lanes may be counted towards total spaces required up to 50% of total requirement
5/100/40/5/100/40
Laundromat
1 space per 2 machines (washers and dryers)
5/50/100/5/100/100
Mixed commercial: office, retail, restaurant
1 space per 200 square feet of gross floor area; restaurant not to exceed 40% of gross floor area, otherwise restaurant to be calculated separately; any outdoor land area set aside or provided for outdoor dining shall be included in the gross floor area
5/100/55/5/65/50
Swimming pool
1 space per 4 persons' capacity
5/60/20/5/100/20
Health and fitness club
1 space per 250 square feet of gross floor area
5/60/80/5/100/80
Skating rink
1 space per each 3 persons' capacity
5/20/60/5/100/100
Home occupation (special exception)
In addition to dwelling requirements, 1 space plus 1 space per member of immediate family employed [refer to § 112-62F(7)]
Not applicable
Professional office (special exception)
In addition to dwelling requirements, 3 spaces per professional [refer to § 112-62F(12)]
Not applicable
Shopping center (special exception)
1 space per 200 square feet of gross floor area [refer to § 112-62F(15)]
5/80/100/5/80/100
Family apartment (special exception)
In addition to dwelling requirements, 2 spaces for the apartment [refer to § 112-62F(17)]
Not applicable
Veterinary clinic (special exception)
9 spaces for clinic plus 2 spaces for residence [refer to § 112-62F(18)]
Not applicable
Elderly housing (special exception)
2 spaces per unit, including 1 dedicated space per unit [refer to § 112-62F(21)]
Not applicable
Retail and commercial in excess of 65,000 square feet (no more than 4 establishments) (special exception)
1 space per 200 square feet of gross floor area [refer to § 112-62F(23)]
5/70/80/5/100/100
Nonresident professional office (special exception)
In addition to dwelling requirements (if any), 3 spaces per professional [refer to § 112-62F(24)]
5/100/20/5/10/10
OPE build to suit/speculative building
1 space per 250 square feet
Not applicable
NOTE 1: Time of use based on the following schedule:
(a)
Monday through Friday, 12:00 midnight through 8:00 a.m.
(b)
Monday through Friday, 8:00 a.m. through 5:00 p.m.
(c)
Monday through Friday, 5:00 p.m. through 12:00 midnight.
(d)
Saturday and Sunday, 12:00 midnight through 8:00 a.m.
(e)
Saturday and Sunday, 8:00 a.m. through 5:00 p.m.
(f)
Saturday and Sunday, 5:00 p.m. through 12:00 midnight.
C. 
Location. The parking area must be on the same or nearby premises. If on nearby premises:
(1) 
The nearest point of the parking lot shall be not further than the following distances to the nearest point of the property served: 100 feet in the case of a commercial use, 200 feet in the case of a residential use, and 300 feet in the case of industrial use and all other uses.
(2) 
The parking area must remain under control of the owner or operator of the use to which the parking area is appurtenant.
D. 
Layout. Parking areas must be arranged so there will be no need for motorists to back onto:
(1) 
Local streets as defined in the Chapter 98, Subdivision of Land and Site Plan Approval. This does not apply in the case of single-family detached residential uses.
(2) 
Major thoroughfares as designated in the Town Master Plan.
E. 
Parking area adjacent to street and property lines. All parking areas must be set back from all street and property lines a distance equal to 1/2 the yard setback, but in no case closer than 10 feet.
F. 
Paving. All required parking or permitted motor vehicle or motor equipment storage areas on all access drives shall be paved with concrete, bituminous paving or other approved material in accordance with Town of Mount Airy design specifications with a slope in any area of parking that is no greater than the maximum slope permitted under the Americans with Disabilities Act and in no event greater than 8%. The Planning Commission may permit a gravel pavement surface, in accordance with the Town of Mount Airy design specifications, if the applicant can satisfy the Commission of the existence of one of the following: that the proposed gravel parking area will be used no more than twice per month or 24 days per year total; will allow the preservation of wooded areas that would otherwise be removed; is within a well recharge area; and/or that it is in the best interest of the Town that the pavement material not be permanent.
[Amended 3-2-2015 by Ord. No. 2015-1]
G. 
Access driveways. Within 10 feet of a street right-of-way line, access driveways for parking areas may not exceed 35 feet in width. Such driveways may not enter a public street within 40 feet of the street right-of-way line of an intersecting street and within 25 feet of another access drive on the same property. For all uses except single-family residential, access drives must be set back from a side property line a minimum of 10 feet. Single-family residential driveways must be set back from a side property line a minimum of three feet or as otherwise determined by the Zoning Administrator or as recommended by the Town Engineer.
[Amended 3-2-2015 by Ord. No. 2015-1]
H. 
Existing buildings. Existing buildings not complying with off-street parking requirements may be remodeled, repaired and structurally altered, and any enlargement or change of use of existing buildings will require that all parking areas be paved. Any enlargement must provide the required parking spaces for said enlargement and a change of use within existing buildings that cannot comply with parking can occur, provided that the new use does not require more parking than the existing use. However, any change to a new use which would require more parking than the prior use may be permitted upon application to the Planning Commission, provided that the distance between the nearest point of the building involved to the nearest point of a municipal parking lot is not greater than 1,000 feet. In granting any such application, the Planning Commission shall consider the following factors: existing and proposed parking of the applicant current and projected usage of the municipal lot; proposed and projected number of employees of the applicant; applicant's proposed hours of operation in relation to the peak hours of use of the municipal lot; compatibility and desirability of the proposed use in relation to other uses in the immediate area; the hardship, if any, upon the applicant if denied; and the benefit, if any, to the public in terms of increased sources of goods and services and the economic vitality of the area involved.
[Amended 3-2-2015 by Ord. No. 2015-1]
I. 
Handicap parking. At a minimum, accessible parking shall be provided in accordance with 28 CFR Part 36, ADA Standards for Accessible Design (latest version). In general, for the first 100 parking spaces a minimum of one handicap space per 25 total spaces is required with an adjacent aisle five feet wide by 20 feet long. Each handicap space shall be nine-feet wide by 20 feet long.
J. 
Shared parking can be implemented via sharing arrangements made between individual facility developers and owners. The total required spaces must follow the minimum parking requirements and time-of-use requirements of this section of the Mount Airy zoning code. Such arrangements shall be first reviewed and approved by the Town Zoning Administrator and Town Attorney, and then recorded within the respective County Circuit Court. Such agreement shall be recorded prior to approval of any building permit.
K. 
With respect to mixed-use development within the Community Commercial District (MXU-CC) by special exception pursuant to § 112-39C(12), the Planning Commission, at the time of the concept site plan, shall determine if the appropriate, approximate number of spaces have been provided. At the time of the final site plan approval, the Commission shall determine the final number of spaces, based upon the considerations of safety, convenience, pedestrian and vehicular circulation, and added landscaping within the parking areas provided. In addition, the Planning Commission may reduce the number of spaces required for any use in Chapter 112, Article II, § 112-7.
[Added 9-11-2017 by Ord. No. 2017-7]
L. 
Parking design standards. With respect to mixed-use development within the Community Commercial District (MXU-CC) by special exception pursuant to § 112-39C(12), where appropriate, the following design guidelines shall be considered during the concept plan phase of the development:
[Added 9-11-2017 by Ord. No. 2017-7]
(1) 
Surface parking:
(a) 
Surface parking lots shall be located to the rear of principal buildings or the side.
(b) 
Adhere to dimensional standards for parking spaces as prescribed in § 112-7A.
A. 
Every building or structure used for retail, wholesale or similar commercial uses, or industrial uses and constructed after the adoption of this chapter shall provide space on the property to be used exclusively for loading and unloading of vehicles. Such space shall be in accordance with the following schedule:
Required Spaces
Building Floor Area
(square feet)
1
0 to 8,000 square feet
2
8,001 to 25,000 square feet
3
25,001 to 40,000 square feet
4
40,001 to 100,000 square feet
B. 
For buildings over 100,000 square feet, four spaces plus one additional space for each additional 50,000 square feet.
C. 
For the purpose of determining adequacy of loading area, each space shall not be less than 12 feet in width, 45 feet in length, and 14 feet in height.
On any corner lot in all districts there shall be no obstruction to traffic visibility within 35 feet of the intersection of the two street property lines of the corner lot. At driveway locations, there shall be no planting or other sight obstruction greater than three feet in height at a location within 10 feet of the existing or planned sidewalk location.
No structure or land development (such as parking lot, fill or excavation) shall be permitted within the annual, historical or one-hundred-year floodplain, whichever is greater. The above requirements shall not be considered prohibiting road crossings nor the placement of public service lines, provided the intent is adhered to.
[Amended 1-16-2001 by Ord. No. 2000-6]
A. 
Signs, general. The following signs are permitted in any district according to the provision of this chapter:
(1) 
A personal service sign for a professional office or a home occupation; unlighted or indirectly lighted not to exceed two square feet in size.
(2) 
A farm sign, including farm produce stands, displaying the name of the owner, the nature of the farm and advertising only those products produced on the premises, not to exceed eight square feet in size in the RR Zone and two square feet in residential zones.
(3) 
A temporary real estate sign advertising sale or lease only of the premises on which such sign is displayed as follows:
(a) 
Residential/other: six square feet maximum.
(b) 
Commercial/industrial: 32 square feet maximum.
(c) 
Temporary real estate sign, not exceeding 100 square feet in size, advertising the opening of a subdivision where such sign is located. Temporary shall be until construction is complete.
(d) 
Permanent residential subdivision name signs not exceeding 64 square feet in size.
(e) 
No permit is required for any of the above.
(4) 
A sign identifying a nonprofit organization and giving direction thereto, containing no commercial advertising, not exceeding 10 square feet in size.
(5) 
A temporary sign noting an event of general interest, such as a locally sponsored carnival, with a maximum sign size of 50 square feet per road frontage and not to exceed 100 square feet total on the premises. Such signs shall not be erected more than 30 days prior to and shall be removed within 10 days after the event.
(6) 
Banners, pennants and other devices are prohibited except for the following:
(a) 
A temporary business sign identifying a special, unique, limited activity, service, product or sale of limited duration. Temporary business signs may be requested for permitting no more than three times in a year. Sign may be erected for a period of not to exceed 30 days.
(b) 
Temporary event signs announcing a campaign, drive, activity or event of a civic, philanthropic, educational or religious organization for noncommercial purposes. The permitted number of temporary event signs shall be determined by the Zoning Administrator with consideration given to the public health and safety. Any temporary event sign which shall be allowed to extend over or onto a public right-of-way shall be erected and maintained in such a manner as not to interfere or obstruct access, activity or vision along any such public right-of-way. Temporary event signs may be erected for a period not to exceed 30 days.
(7) 
One bulletin board on church, school or college property, not over 32 square feet in area.
(8) 
Signs, directional, informational, or warning in character, involving neither advertising, nor real estate openings and each not exceeding six square feet in area.
(9) 
Political campaign signs or other signs containing political speech or expressing opinions on matters of public concern are permitted, provided that they are not placed in the public right-of-way. Political campaign signs or other signs containing political speech or expressing opinions on matters of public concern shall be permitted up to a total area of six square feet in a residential district and 32 square feet in a commercial or industrial district or on property in a residential district abutting a state road with a speed limit above 40 miles per hour where a commercial use is authorized by the Board of Appeals or otherwise by this Code. Placement of signs on property shall be at a location so as not to cause sight line or other similar hazards for motorists on adjacent public roads, and the Town's Zoning Administrator is empowered to direct that signs be relocated on property so as to avoid such hazards.
[Amended 9-8-2014 by Ord. No. 2014-14]
(10) 
Real estate/yard sale direction signs no larger than three square feet in area and three feet in height shall be permitted from 6:00 p.m. Friday to 8:00 a.m. Monday. This period will be extended to include legal holidays on Mondays or Fridays. Signs shall not be attached to utility poles, traffic control posts/signs, or traffic signal poles. Town staff is hereby authorized to remove any signs found to be in violation of this section, which signs shall be destroyed if not retrieved within five days, subject to an appeal to the Mayor if filed in writing within said five-day period.
B. 
Business signs. Business signs calling attention to a business, service or industry conducted on the premises upon which the sign is located or in the case of a freestanding sign, which calls attention to a business, service or industry, or multiple businesses, services or industries conducted on the premises or within the Town limits are permitted subject to the following conditions:
(1) 
The total area for all attached signs per use or business on the premise (commercial and industrial) shall not exceed one square foot of sign per building front foot or frontage per premises with a maximum size of 200 square feet (per individual sign) as provided below.
[Amended 6-5-2017 by Ord. No. 2017-6]
(a) 
Building unit. A building unit is equivalent to the tenant space.
(b) 
Primary and secondary frontage. The frontage of any building unit shall include the elevation facing a public street, facing a primary parking area for the building or tenants, or containing the public entrance to the building or building units.
[1] 
Definition.
PRIMARY FRONTAGE — The linear distance along which a lot line adjoins a public street right-of-way. The "primary frontage" of a corner lot, multiple corner lot, or through lot, is the street with the highest functional street classification or longest street frontage if functional street classification is the same. If the street is a frontage road, the functional classification of the road which the frontage road fronts shall be used to determine maximum sign face area.
[2] 
The primary frontage shall be considered the portion of any frontage containing the primary public entrance to the building or building units.
[3] 
The secondary frontage shall include those frontages:
[a] 
Containing secondary public entrances to the building or building units facing a public street or primary parking area that are not designated as the primary frontage by Subsection B(1)(b)[1] and [2] above; or
[b] 
The secondary frontage shall include those frontages facing a public street that are not designated as the primary building frontage by Subsection B(1)(b)[1] and [2] above.
[4] 
Bonus secondary signage calculations. A principal building or building unit(s) with more than one frontage, such as a building located on a through lot or corner lot, shall be allowed to add to its signage calculations the secondary frontage equal to the signage allotment rate of the primary frontage. However, if secondary signage is used, this signage must be located and oriented toward the secondary frontage.
(2) 
Identification sign for an industrial plant not to exceed 50 square feet.
(3) 
An identification sign for a shopping center or industrial park or other integrated group of commercial/industrial buildings shall not exceed 150 square feet in area, and shall be subject to setback requirements for the district in which located.
(4) 
A single freestanding sign which does not exceed 50 square feet per road frontage to a maximum of 150 square feet shall be permitted which calls attention to a business, service or industry conducted on the premises or within the Town limits, or in marquis style or that calls attention to multiple businesses, services or industries conducted within the Town limits.
(5) 
Where commercially or industrially zoned property adjoins residentially zoned property, no freestanding sign shall be placed within 100 feet of the residentially zoned property.
(6) 
Menu/reader boards may be permitted on a freestanding sign but will be included in total area allowed for a freestanding sign. Letters may be manually attached or electronically remote controlled. Periodic changes of messages are allowed, however, boards shall not have flashing, blinking, fading or moving messages of any type. Messages shall be limited to items pertaining to the business on the premises or public service notices.
(7) 
Sidewalk sandwich signs are permitted; they must be displayed directly in front of the business and within 10 feet of the business; they will be no greater than three feet in height with a width not to exceed the greater of 1/2 of the sidewalk upon which they are displayed or three feet; they may be displayed only during normal business hours and may not impede any safety issues. Notwithstanding anything to the contrary in the Zoning Regulations or the Town Code, in the event that there is a violation of this section, there will be a warning delivered to the business establishment being advertised and in the event of a second violation, it shall be lawful for the Town to confiscate the sign that was used in violation of this subsection, subject to an appeal to the Mayor filed in writing within five business days.
C. 
Signs, general provisions.
(1) 
No overhanging sign shall extend over any building line more than four feet.
(2) 
All signs on and in front of the building shall be immobile, nonflashing, and in no way resemble traffic signals or other warning devices. They may be lighted indirectly or from within. Illuminated signs shall be so constructed as to avoid glare or reflection on any portion of an adjacent highway or residential building.
(3) 
All freestanding signs shall be subject to 1/2 the setback requirements for the district in which located and shall be so located and shall be so placed as to allow clear and ample visual sight lines for driveways leading into a street and at intersecting streets and alleys.
(4) 
In no case shall any sign attached to a building project more than three feet above the roof line.
(5) 
A freestanding sign shall not exceed 25 feet in height above the average grade of the road on which it faces.
(6) 
The area of a billboard or other sign shall be the product of its greatest horizontal and vertical dimensions measured over its entire face including background and borders, but excluding supports; provided that where a sign consists only of lettered, figured, pictorial matter, device or representation applied directly to the surface of a building, without special background or border, then its area shall be determined by measuring the overall length and height of the lettering or other matter.
(7) 
Nonconforming signs may continue to exist but must be brought into conformance with any change in size or location.
(8) 
A V-shaped sign shall be considered as one sign, so long as the interior angle does not exceed 30°. Such sign shall not be located within 200 feet of a principal building on an adjoining lot.
[Amended 1-6-2003 by Ord. No. 2002-31]
A. 
Billboards are prohibited in all districts.
B. 
Private or public shooting ranges are prohibited in all districts.
C. 
Junkyards are prohibited in all districts, including those for storage of wrecked, dismantled or abandoned motor vehicles and parts thereof, and for the storage and sale of other similar scrap materials.
D. 
Salvage yards of any waste materials, with the exception of recycling facilities for waste construction materials, are prohibited in all districts.
E. 
Mobile homes and mobile home courts or parks are prohibited in all districts.
F. 
Concrete plants, including but not limited to, concrete manufacturing facilities and ready-mix concrete facilities, are prohibited in all districts.
G. 
Asphalt plants, including but not limited to asphalt manufacturing facilities, are prohibited in all districts.
H. 
Fertilizer plants and fertilizer manufacturing facilities are prohibited in all districts.
I. 
Sales as a regular course of business or trade with the principal objective of profit (to include by way of Internet, arm's-length or mail-order transactions) of alcohol, tobacco, or firearms shall be permitted if and to the extent otherwise permitted as a use of right or special exception in the Downtown Zone and the Limited Commercial, Community Commercial and Industrial Districts, but shall be prohibited in all other zoning districts.
[Added 3-6-2017 by Ord. No. 2016-27[1]]
[1]
Editor’s Note: This ordinance also redesignated former Subsections I and J as Subsections J and K, respectively.
J. 
Any industry not meeting the standards in § 112-45B of this chapter is prohibited in all districts.
K. 
Any use not identical in impact to a use permitted by right or allowed by special exception under the standards provided in § 112-5 of this chapter.
[Amended 12-2-2002 by Ord. No. 2002-28]
Storage of compressed gases and liquid fuels shall conform to the following:
A. 
Compressed gases. Storage of compressed gases used for individual homes, apartment houses, and commercial establishments may be above ground in all districts if the total capacity of all containers is less than 2,000 gallons in commercial and industrial districts and 500 gallons maximum in residential districts, and provided that each individual container is no less than 25 feet from the nearest line of adjoining property, except that containers totaling 500 gallons or less may be no less than 10 feet from the nearest line of adjoining property. Containers used for apartment houses and commercial establishments shall be screened by evergreen plantings of a height not less than the height of the containers so as to effectively obscure the containers from view.
B. 
Below-ground storage.
(1) 
In all districts, storage of compressed gases shall be in accordance with Town regulations. Each individual underground container shall be located with respect to the nearest line of adjoining property as follows:
Size of Container
(gallons)
Distance
(feet)
000 to 2,000
25
2,001 to 30,000
50
30,001 to 60,000
75
In excess of 60,000
100
(2) 
In residential districts underground containers are prohibited.
C. 
Gasoline, kerosene, fuel oil and other liquid fuels. Gasoline, kerosene, fuel oil and other liquid fuels shall be stored underground or within the structure to be heated. In accordance with Town regulations, each individual container shall be located with respect to the nearest line of adjoining property as follows:
Zoning Classification
Distance
(feet)
Water Capacity
(gallon)
Residential*
Commercial
000 to 2,000
25
10
2,001 to 10,000
50
15
In excess of 10,000
Prohibited
15
*NOTE: In residential districts, underground containers are prohibited.
D. 
Emergency access. The location of all containers for the storage of inflammable fuels shall be such to provide adequate fire vehicle and apparatus access to such containers.
In any site plan review, the Planning Commission may require adequate provision for landscaping/screening in order to protect adjoining properties; to provide for aesthetic appearance of the site; and to screen parking, loading and other objectionable views from the public and neighbors. All commercial and industrial sites must provide at least 20% of their site in landscaped area. Landscaped area is the area of a site not covered by impervious surfaces, and may include stormwater management areas.
No more than one single-family detached dwelling shall be permitted per lot and no more than two principal commercial or industrial buildings per lot, except for shopping centers and industrial centers.
Below- and aboveground essential services, such as utility lines, cables, poles, etc., shall be exempt from the provisions of this chapter except for the aboveground buildings and structures (pumping station, electric substation, switching building, etc.) which will require approval of a special exception by the Board of Appeals for compliance with §112-62E and F(13).
Temporary structures of contractors and lot owners in conjunction with a construction project will be permitted in any district where the project is located subject to the setback requirements of the permitted use and that the temporary structure be removed at completion of construction or expiration of the permit.
[Amended 2-3-2003 by Ord. No. 2003-4]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BULB
A lamp that produces the actual light.
DIRECT LIGHT
Light emitted directly from, through or off of the lamp, reflector, reflector diffuser, refractor or diffuser lens of a light source.
FIXTURE
The assembly that houses the lamp or bulb, which may include a housing, mounting bracket, pole socket, lamp holder, ballast, reflector or mirror, and/or refractor or lens.
FLOOD OR SPOT LIGHT
Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
FOOTCANDLES
The amount of light striking a surface. One footcandle is one lumen per square foot, or the amount of light given off by a wax candle striking a one foot square surface which is one foot from the candle.
FULL CUTOFF
A light fixture which cuts off all upward transmission of light.
FULLY SHIELDED
A fixture with housing or an attachment which prevents light from being emitted directly by the bulb or lamp, such that it prevents a line of sight to the bulb when viewed from another property and prevents light rays from being emitted at angles above the horizontal place as certified by any photometric test report, if required.
GLARE
Light emitting from a light source with an intensity great enough to reduce a viewer's ability to see, resulting in annoyance or discomfort as well as loss of visual performance.
IESNA
Illuminating Engineering Society of North America.
LAMP
A light source, which may include a bulb, that produces the actual light.
LIGHT TRESPASS
Light projected onto a property from a fixture not located on that property.
LUMENS
A unit used to measure the actual amount of light produced by a bulb or lamp. One thousand eight hundred lumens is the output of a one-hundred-watt incandescent lamp.
LUMINAIRE
A complete lighting system, including the bulb, lens, fixture, diffuser and/or reflective enclosure.
OUTDOOR LIGHTING
Nighttime illumination of an outside area or object by any device located outdoors that produces light by any means.
OUTDOOR TEMPORARY LIGHTING
The specific illumination of an outdoor area for a period of less than 10 days, with at least 180 days passing before being used again, except for emergencies.
WATT
A unit used to measure the amount of electrical energy consumed by a lamp.
B. 
General requirements.
(1) 
All outdoor lighting shall conform to the requirements of this chapter.
(2) 
All lighting in place prior to the effective date of this chapter shall comply with this chapter with any change, other than replacement of the existing bulb; with any change in location of any light source; with any change of intensity level of the light being emitted; or with any change in ownership of the underlying property.
C. 
Control of glare.
(1) 
Site lighting shall be provided by full cutoff fixtures and shall be directed downward on site, so that the lamp does not create glare on adjacent properties, is not visible from adjacent properties or public streets, and so that the light does not spill onto adjacent properties unless beneficial to and approved by the adjacent property owner.
(2) 
Any light source emitting more than 9,500 initial lumen output (roughly equivalent to 100 watts if using a high-pressure sodium light source) shall not emit direct light about a horizontal plane through the lowest direct-light-emitting part of the light source.
(3) 
The maximum height of any light source shall be 25 feet except around perimeters. Any light source emitting more than 9,500 initial lumen output (roughly equivalent to 100 watts if using a high-pressure sodium light source) shall be mounted at a height no more than the value (three plus D/3), where D is the distance in feet to the nearest property boundary.
(4) 
The maximum height of any light source on perimeters shall be 15 feet. Any light source emitting more than 9,500 initial lumen output (roughly equivalent to 100 watts if using a high-pressure sodium light source) shall be mounted at a height no more than the value (three plus D/3), where D is the distance in feet to the nearest property boundary.
(5) 
Light trespass from originating property shall not exceed 0.1 footcandle on residentially zoned property or .5 footcandle on commercially zoned property, measured on a vertical plane five feet above grade at the property line.
(6) 
Maximum illumination from any light source shall be 50,000 initial lumen output (roughly equivalent to 400 watts if using a high-pressure sodium light source).
(7) 
All lighting shall be subject to adjustment after installation to avoid glare on adjacent properties.
D. 
Wall-mounted lighting.
(1) 
Any wall-mounted lighting or wall-packs must be fully shielded, and reflect light downward, below the horizontal rather than above the horizontal.
(2) 
Lighting fixtures shall be located, aimed and shielded so that light is not directed toward adjacent streets, roads or adjacent properties. Fixtures designed to wash light down the building surface are preferred. No facade uplighting shall be permitted.
(3) 
The maximum illumination on any vertical surface shall be five footcandles except the surface immediately adjacent to any wall-mounted fixtures.
E. 
Prohibitions.
(1) 
No site lighting will be permitted except those equipped with full cutoff fixtures and which are directed downward on site, so that the lamp does not create glare on adjacent properties, is not visible from adjacent properties or public streets, and so that the light does not spill onto adjacent properties unless beneficial to and approved by the adjacent property owner.
(2) 
The use of search lights, laser lighting, or lights that pulse, flash, rotate or simulate motion for any purpose is prohibited.
(3) 
Tower lighting will not be permitted unless and to the extent required by the Federal Aviation Administration. Any such required lighting shall be of the minimum, lowest allowed intensity and shall be red in color unless specifically forbidden under Federal Aviation Administration requirements.
F. 
Plan submissions.
(1) 
The applicant for any permit required under this chapter in connection with any proposed outdoor lighting shall submit as part of the application for a permit evidence that the proposed work will comply with this section. As necessary, the Planning and Zoning Commission may require submission of the lighting plan to a lighting engineer chosen by the Commission at the cost of the applicant. The submission shall contain but shall not necessarily be limited to the following, all or part of which may be in addition to information required elsewhere in this chapter:
(a) 
Plans indicating the specific location, height and type of illuminating devices, fixtures, lamps, or any other light sources;
(b) 
A full description of each light source, fixtures, lamps, and other devices, to include catalog cuts by manufactures and diagrams, where appropriate;
(c) 
Photometric data, such as that furnished by manufacturers, or similar information demonstrating the angle of cutoff and/or light emissions;
(d) 
For any commercial site plan, analysis and illuminance level diagrams showing that the proposed installation conforms to the lighting level standards of this chapter;
(e) 
Tests, reviewed by a lighting engineer, indicating that the lighting plan is sufficient to meet IESNA recommendations, i.e., not to exceed IESNA recommendations, may be required by the Planning and Zoning Commission; and
(f) 
Computer-generated, point-by-point lighting calculations on a scaled site plan with a ten-feet-by-ten-feet grid of footcandle readings, indicating initial horizontal footcandles at grade, and initial vertical footcandles five feet above grade at the property line.
(2) 
For any site plan, if the above plans, descriptions and data does not, due to the nature or configuration of the devices, fixtures or light sources proposed, enable the Planning and Zoning Commission to certify that the lighting plan complies with this chapter, the applicant shall additionally submit such certified reports of tests by a lighting engineer or recognized testing laboratory as will enable such determination.
(3) 
High-pressure sodium lighting shall be preferred unless the Planning and Zoning Commission specifically permits other lighting types.
(4) 
Lamp, fixture, or light source substitution permit originally issued. Should any outdoor light fixture, lamp or light source be changed after the permit has been issued, a change request prior to the substitution must be submitted to the Zoning Administrator together with adequate information to assure compliance with this Code. Only the replacement of a failed or damaged lamp, fixture or light source for outdoor lighting for which a permit was obtained under this chapter may be allowed under a change request, that is, without a permit.
(5) 
Lamp, fixture or light source substitution installed before effective date. Outdoor light fixtures, lamps or light sources in existence before the effective date of this chapter must submit a change request prior to replacement of a fixture or light source, other than a bulb or lamp, together with adequate information to assure compliance with this Code. Only the replacement of a failed or damaged lamp, fixture or light source for outdoor lighting for which a permit was obtained under this chapter may be allowed under a change request, that is, without a permit.
G. 
Existing lighting.
(1) 
Any lighting fixture or light source which directs light towards residential property, streets or parking lots shall be shielded or redirected within 30 days after a notice of violation is sent to the property owner and/or agent.
(2) 
Any lighting fixture or light source which permits reaiming or adjustment shall be brought into compliance with the terms of the chapter within 30 days after a notice of violation is sent to the property owner and/or agent.
(3) 
Any lighting which, using IESNA recommended guidelines, is found to create a public hazard and/or endanger health or safety of any person may be ordered altered or removed at any time.
H. 
Enforcement; violations and penalties.
(1) 
In the event of a violation of any provision of this section, a notice of violation detailing the violation and steps to be taken to correct the violation shall be sent by certified U.S. Mail, return receipt requested, and regular mail, to the property owner and/or property owner's agent giving 30 days to make corrections, except in cases of an imminent threat to health or safety, when as little as 24 hours' notice may be given. If both notices are not returned as undeliverable, after the applicable deadline the Town may issue a citation or take other legal action to enjoin or abate any violations of any provisions of this section.
(2) 
At the expiration of the deadline period stated in the notice of violation, the Town may take action to abate the infraction and charge costs to the property owner or agent as real estate taxes on the property in question only if the intent to take such action was stated in the notice of violation and both notices were not returned as undeliverable.
(3) 
In addition to taking any other action that may be permitted by law, the Town may consider a violation of any provision of this section to constitute a municipal infraction and such violation may be punished by a civil penalty of $100 per day. In prosecuting a citation the Town may seek an abatement order preventing future violations and permitting the Town to take action to abate any violations and charge the costs of correction as real estate taxes on the subject property. Each day a violation continues shall constitute a separate offense.
I. 
Exemptions.
(1) 
All vehicle lighting, emergency traffic lighting, and traffic control lighting shall be exempt;
(2) 
Temporary outdoor lighting which provides specific illumination of an outdoor area shall be exempt from any permit requirement but shall otherwise comply with this chapter;
(3) 
Lighting up to 10:00 p.m. which is reasonably related to sports, amusements, entertainment events or other public gatherings operating as part of an athletic contest, carnival, fairground activity, parade or public celebration;
(4) 
Lighting up to 12:00 midnight which is reasonably related to sports, amusements, entertainment events or other public gatherings operating according to the requirements of an appropriate permit and as part of an athletic contest, carnival, fairground activity, parade or public celebration;
(5) 
Emergency lighting, including lighting required for emergency street, utility or construction repairs, shall be exempt if temporary and discontinued immediately upon abatement of the emergency; and
(6) 
Emergency repairs conducted by a public agency, including the Town of Mount Airy, shall be exempt if temporary and discontinued immediately upon abatement of the emergency.
[Added 6-4-2001 by Ord. No. 2001-5]
A. 
For through lots, the Zoning Administrator or Planning and Zoning Commission shall determine which lot line shall be designated the front lot line and which shall be designated the rear lot line based on the following factors:
(1) 
Front and rear lot lines should coordinate with front and rear doors of the residences and/or subdivision.
(2) 
Yards primarily used for private or recreational purposes with planned or existing buffers over three feet in height, or in which accessory structures already exist, are generally considered adjacent to rear lot lines.
(3) 
If Subsection A(1) or (2) above does not provide guidance, yard with main entrances or driveways should be considered adjacent to front lot lines.
B. 
Front and rear lot lines shall be uniform for each street or road in a subdivision. Persons wishing to change delineation of the front and rear lot lines of their residences must file a request for variance with the Board of Zoning Appeals. The decision of the Board of Zoning Appeals shall be based on the above guidelines and standards provided at § 112-62 of this chapter.