WSMU_MNTA_WSWP Ordinance_20210203

ARTICLE IV Establishment of Zoning Districts
4.1 Primary Zoning Districts Established; Purposes Set Forth
For the purposes of this Ordinance, the City of Mount Airy, North Carolina is
hereby divided into the following primary use districts:
A. R-2o Residential District
The R-20 Residential District is established as a district in which the
principal use of the land is for low -density residential or agricultural
uses. The R-20 district also permits associated public and private
facilities typically associated with such districts.
B. R-15 Single -Family Residential District
The R-15 Residential District is established as a district in which the
principal use of land is for medium -density single-family residential uses
and associated public and private facilities typically associated with such
districts.
C. R-8 Single -Family Residential District
The R-8 Residential District is established as a district in which the
principal use of land is for single-family residential purposes. The
regulations of this district are intended to provide areas for those
persons desiring single-family residences.
D. R-6 General Residential District
The R-6 Residential District is established as a district in which the
principal use of land is for single-family, two-family and multi -family
residences. The regulations of this district are intended to provide areas
in the community for those persons desiring small residences and multi-
family structures in relatively high -density neighborhoods.
E. R-4 Residential and Office District
The R-4 Residential and Office District is established to provide for the
high density residential, office, governmental and institutional needs of
the community. It functions as a transitional land use between intensive
commercial and industrial uses, and residential development. The
district is also designed to encourage compatible uses along major
thoroughfares adjacent to residential neighborhoods.
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F. B-i Central Business District
This district is the central shopping area of the City of Mount Airy and
its surrounding commercial trade area. The regulations of this district
are designed to encourage the continued use of land for community trade
and commercial service uses and to promote a concentrated development
of permitted uses while maintaining a substantial relationship between
the intensity of land uses and the capacity of utilities and streets.
G. B-2 General Business District
This district provides a location for those businesses and services, which
generally serve a wider area than the neighborhood business, but do not
necessarily require location in the central business district. Because
these commercial uses are important to the economy of the area and are
subject to public view, they should have ample parking, controlled traffic
movement, and suitable site design.
H. B-3 Neighborhood Business District
The B-3 Neighborhood Business District is intended for the use of those
businesses which are properly and necessarily located near residential
areas and cater to the everyday needs of a residential neighborhood.
I. B-4 Highway Business District
The B-4 Highway Business Districts are generally located on major
thoroughfares and collector streets in the Mount Airy planning area.
Because these business areas are subject to public view, they should
provide an appropriate appearance, ample parking, and be designed to
minimize traffic congestion.
J. B-5 Medical Business District
The regulations for this district are designed to permit concentrated
development of business and professional office facilities within the
jurisdiction and to encourage development that is both compatible with
nearby residential areas and not hazardous to vehicular and pedestrian
traffic.
K. M-i Industrial District
The M-1 Industrial District is established for those areas of the
community where the principal use of land is for industrial and
warehousing uses. These uses, by their nature, may create some
nuisance and are not properly associated with residential, commercial or
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service establishments. These uses normally seek outlying locations on
large tracts of land where the operations involved do not detract from the
development potential of nearby undeveloped properties.
4.2 Conditional Districts Established; Purposes Set Forth
There is also established a Conditional District (CD), which corresponds to
each of the districts, authorized by this Ordinance as follows:
R-20 CD
R-15 CD
R-8 CD
R-6 CD
R-4 CD B-1 CD
B-2 CD
B-3 CD
B-4 CD
B-5 CD
M-1 CD
The purpose of the conditional district rezoning process is to provide a
procedure for considering the rezoning of property based upon the recognition
that certain types of zoning would be inappropriate at particular locations in
the absence of special conditions. Because of the refinement of this option,
the City strongly encourages its use for such situations. Conditional district
zoning affords a degree of certainty when making land use decisions that are
not possible when rezoning to a general zoning district, which allows the full
range of uses permitted in the district and does not provide the flexibility to
propose or require binding site -specific conditions to address unique issues
that affect the subject property or any potential adverse impacts on adjacent
property.
4.3 Overlay Districts Established; Purposes Set Forth
The Primary Zoning Districts established in Section 4.1 and the Conditional
Districts established in Section 4.2 may be subject to the additional
requirements of one or more Overlay Districts as established herein.
A. Flood Damage Prevention Overlay District
The flood hazard areas of the jurisdiction are subject to periodic
inundation, which results in loss of life, property, health and safety
hazards, disruption of commerce and government services, extraordinary
public expenditures of flood protection and relief, and impairment of the
tax base, all of which adversely affect public health, safety, and general
welfare.
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These flood losses are caused by the cumulative effect of obstructions in
floodplains causing increases in flood heights and velocities, and by the
occupancy in flood hazard areas by uses vulnerable to floods or
hazardous to other lands which are inadequately elevated, flood proofed,
or otherwise unprotected from flood damages.
It is the purpose of this Overlay District to promote public health, safety,
and general welfare and to minimize public and private losses due to
flood conditions in specific areas by provisions designed to:
1. Restrict or prohibit uses which are dangerous to health, safety, and
property due to water erosion hazards, or which result in damaging
increases in erosion or in flood heights or velocities;
a. Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
3. Control the alteration of natural floodplains, stream channels, and
natural protective barriers which are involved in the
accommodation of flood waters;
4. Control filling, grading, dredging, and other development which
may increase erosion or flood damage; and
5. Prevent or regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards
to other lands.
The Flood Damage Prevention Overlay District is established as the
Floodway and Floodway Fringe areas of the various watercourses within
the jurisdiction as identified by the Federal Emergency Management
Agency (FEMA) on its latest flood maps with accompanying supporting
data, which are hereby adopted by reference.
B. Water Supply Watershed Protection Overlay District
The Water Supply Watershed Protection Overlay Districts are intended
to help preserve and maintain the City's outstanding water resources.
They are established to protect those portions of designated water supply
watersheds which lie closest to existing and proposed water supply
intakes from activities which could degrade water quality; to reduce the
amount of sediment washing into streams; to encourage a low intensity
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of land development in the most sensitive portions of the watershed; to
reduce the risk to water quality posed by high density residential and
non-residential developments; and for the purpose of protecting and
promoting public health, safety, and the general welfare of the
jurisdiction.
The following Watershed Protection Overlay District classifications are
established and are shown on the Watershed Protection Overlay District
Map, which is hereby adopted and incorporated into this Ordinance.
• Ararat River Watershed Critical Area (ARWS-CA) — WS-III-CA*
• Ararat River Watershed Protected Area (ARWS-PA) — WS-IV-PA*
• Lovills Creek Watershed Critical Area (LOWS -CA) — WS-IV-CA*
• Lovills Creek Watershed Protected Area (LOWS -PA) — WS-IV-PA*
• Stewarts Creek Watershed Critical Area (SOWS -CA) — WS-IV-CA*
• Stewarts Creek Watershed Protected Area (SOWS -PA) — WS-IV-PA*
* Water Supply Watershed classification as assigned to the Water Supply Watershed
by the North Carolina Environmental Management Commission pursuant to North
Carolina General Statutes 143-214.5.
C. Historic Landmarks and Preservation Overlay District
The Mount Airy Historic Landmarks and Preservation Overlay Districts
are among the most valued and important assets of Mount Airy. They
are established for the purpose of:
1. Protecting and conserving the heritage of the City of Mount Airy
and the State of North Carolina;
a. Safeguarding the character and heritage of the landmarks and
districts by preserving the districts as a whole and any individual
property that embodies important elements of social, economic,
cultural, political or architectural history;
3. Promoting the conservation of such landmarks and districts for the
education, pleasure and enrichment of residents of the City of
Mount Airy and the State as a whole;
4. Fostering civic beauty; and
5. Stabilizing and enhancing property values, thus contributing to the
improvement of the general health and welfare of the City of Mount
Airy and the residents of the landmarks and districts.
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Historic Landmarks and Preservation Overlay Districts are hereby
established as a series of areas, which overlap, and overlay existing
zoning districts, the extent and boundaries of which are as indicated on
the Official Zoning Map and which is hereby adopted and made a part of
this Ordinance.
No property or area shall be recommended for designation as a landmark
or district unless it is deemed and found by the Historic Preservation
Commission to be of special significance in terms of its historical,
prehistorical, architectural or cultural importance and to possess
integrity of design, setting, workmanship, materials, feeling and/or
association.
The Historic Preservation Commission shall make or cause to be made
an investigation and report on the historic, architectural, prehistorical,
educational or cultural significance of each building, structure, site, area
or object proposed for designation or acquisition. Such investigation or
report shall be forwarded to the State Historic Preservation Office, North
Carolina Department of Cultural Resources.
The Department of Cultural Resources, acting through the State Historic
Preservation Office shall either upon request of the Department or at the
initiative of the Historic Preservation Commission, be given an
opportunity to review and comment upon the substance and effect of the
designation of any landmark or district pursuant to this part. Any
comments shall be provided in writing. If the Department does not
submit its comments or recommendation in connection with any
designation within thirty (30) days following receipt by the Department
of the investigation and report of the Commission, the Commission and
the City Board of Commissioners shall be relieved of any responsibility to
consider such comments.
The Historic Preservation Commission and the City Board of
Commissioners shall hold a joint public hearing or separate public
hearings on the proposed Ordinance. Reasonable notice of the time and
place thereof shall be given. All meetings of the Commission shall be
open to the public in accordance with the North Carolina Open Meetings
Law.
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Following the joint public hearing or separate public hearings, the City
may adopt the Ordinance as proposed, adopt the Ordinance with any
amendments it deems necessary, or reject the proposed Ordinance.
Upon adoption of the Ordinance, the owners and occupants of each
designated landmark or overlay district shall be given written
notification of the Ordinance. All amendments thereto shall be filed by
the Historic Preservation Commission in the Office of the Register of
Deeds. The copy shall be made available for public inspection at any
reasonable time. Each designated landmark or district shall be indexed
according to the name of the owner of the property in the grantee and
grantor indexes in the Office of Register of Deeds. A second copy of the
Ordinance and all amendments thereto shall be given to the Building
Inspector. The fact that a building, structure, site, area or object has
been designated a landmark or district shall be clearly indicated on all
tax maps maintained by the City for such period as the designation
remains in effect.
Upon the adoption of the landmark or district or any amendment
thereto, it shall be the duty of the Historic Preservation Commission to
give notice thereof to the Tax Supervisor. The designation and any
recorded restrictions upon the property limiting its use for preservation
purposes shall be considered by the Tax Supervisor appraising it for tax
purposes.
1. Designation of Historic Districts and Landmarks
a. Designation of Historic Districts
Mount Airy Historic Districts are established by the City
after action has been proposed by a neighborhood
organization, a preservation group, or the city, and after
careful research and evaluation. Historic district
designation is designed to protect and enhance the existing
character of a community. Through historic district overlay
zoning, a neighborhood is protected from unmanaged change
by a review process based on established design guidelines.
The following process will be followed for designating
historic districts:
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i. An area within the City will be nominated to be part of
the Mount Airy Historic District. Nominations can
come from the Historic Preservation Commission, the
City of Mount Airy, neighborhoods and individual
citizens within an area.
ii. The area must be of special significance in terms of
history, prehistory, architecture, and/or culture and to
possess integrity of design, setting, materials, feeling,
and association. Special significance shall be explained
in an investigation and report describing the
significance of the buildings, structures, features, sites
or surroundings included in any proposed district.
iii. A description of the boundaries of such district must be
prepared.
iv. The proposed district must be submitted to the
Department of Cultural Resources, acting through the
State Historic Preservation Office. The State Historic
Preservation Office shall provide an analysis of and
recommendations concerning such report and
description of proposed boundaries. The State Historic
Preservation Office shall submit its written analysis
and recommendations to the municipal governing
board within thirty (30) calendar days after a written
request has been received. If the written analysis is
not received within thirty (30) days of receipt, the
municipality is relieved of its responsibility to await
such analysis and the City may adopt or amend its
Zoning Ordinance.
V. The Historic Preservation Commission will review the
boundaries, significance and guidance received from
the State Historic Preservation Office and make
recommendations to the municipality regarding the
proposed district. The Historic Preservation
Commission is the only body authorized to propose
local designation to the governing board.

b. Designation of Historic Landmarks
A property shall be recommended for designation as a
historic landmark if it is deemed and found by the Historic
Preservation Commission to be of special significance in
terms of its historical, prehistorical, architectural, or
cultural importance, and to possess integrity of design,
setting, workmanship, materials, feeling and/or association.
The Historic Preservation Commission shall keep a listing of
designated historic landmarks describing each property by
name, the names of the owners of the property, the elements
of the property that are integral to its historical,
architectural, or prehistorical value, including the land area
of the property so designated, and any other information the
governing board deems necessary.
The following process will be followed for designating
historic landmarks:
i. The Commission shall undertake an inventory of
properties of historical, architectural, prehistorical, and
cultural significance within its jurisdiction (if an
inventory has not already taken place).
ii. Once properties are identified, the Commission shall
receive nominations for historic landmarks from the
Commission members, the City, and property owners.
The nomination period runs and is open for one (1)
year.
iii. Once nominations are received, the Commission will
review nominations and review properties for compliance
with Historic Preservation standards and landmark
guidelines. The nominations will be forwarded to the
State Historic Preservation Office, North Carolina
Department of Cultural Resources.
iv. At a future Historic Preservation Commission Meeting
following the receipt of guidance from the State
Historic Preservation Office, a public hearing shall be
held, which is open to the public and in accordance with
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the North Carolina Open Meetings Law, Chapter 143,
Article 33C. Following the public hearing, the
Commission shall approve or deny properties to be
recommended as historic landmarks.
V. Upon denial of historic landmarks, owners of subject
properties shall be given written notification of such
designation insofar as reasonable diligence permits.
vi. If approved to be recommended as a historic landmark,
the Commission will forward the recommendation as
required by City Code to the Board of Commissioners
for approval. The Historic Preservation Commission is
the only body authorized to propose local designation to
the governing board.
vii. Each designated landmark shall be indexed according
to the name of the owner of the property in the grantee
and grantor indexes in the Office of the Register of
Deeds. The Commission shall require the property
owner of record to pay a reasonable fee for filing and
indexing.
viii. The fact that a building, structure, site, area or object
has been designated a landmark shall be clearly
indicated on all tax maps maintained by the county or
city for such period as the designation remains in
effect.
ix. Upon adoption of a property as a historic landmark, it
shall be the duty of the Commission to give notice
thereof to the Tax Supervisor of the county in which
the property is located. The designation and any
recorded restrictions up on the property limiting its use
for preservation purposes shall be considered by the
Tax Supervisor in appraising it for tax purposes.
X. For each designated landmark, a suitable sign on the
property indicating that the property has been so
designated shall be placed by the owner on the property
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or on a nearby public right-of-way. The sign must be
approved by the Commission.
4.4 District Boundaries Shown on Zoning Map
The boundaries of the districts are shown on the map accompanying this
Ordinance and made a part hereof entitled Official Zoning Map, Mount Airy,
North Carolina. The zoning map and all the notations, references and
amendments thereto, and other information shown thereon are hereby made
a part of this Ordinance the same as if such information set forth on the map
were all fully described as set out herein. The zoning map is posted at the
Municipal Building and is available for inspection by the public.
4.5 Rules Governing Boundaries
Where uncertainty exists with respect to the boundaries of any of the
aforesaid districts as shown on the Official Zoning Map, Mount Airy, North
Carolina, the following rules shall apply:
A. As property boundaries and rights often extend into and within rights of
ways, district boundaries are indicated as approximately following the
center lines of streets or highways, street or railroad right-of-way lines or
such lines extended, such center lines, street or railroad right-of-way
lines shall be construed to be such boundaries.
B. Where district boundaries are so indicated that they approximately
follow platted lot lines, such lot lines shall be construed to be said
boundaries.
C. Where district boundaries are so indicated that they are approximately
parallel to the centerlines of streets, highways, or railroads, or right-of-
way of same, such district boundaries shall be construed as being
parallel thereto and at such distance therefrom as indicated on the
zoning map. If no distance is given, such dimension shall be determined
by use of the scale shown on said zoning map.
D. Where any street or alley is hereafter officially closed, vacated or
abandoned, the zoning district adjoining each side of the street or alley
shall be automatically extended to the center of the street or alley, and
all lands, which are included in the closed portion, shall thereafter be
subject to the regulations of the extended districts.
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E. Boundaries indicated as approximately following City limit lines shall be
construed to follow such City limit lines.
F. Where district boundaries are indicated as following topographic
contours, drainage divides or specific measured distances such features
shall be construed to be such boundaries.
G. Boundaries indicated as approximately following the centerlines of
streams, rivers, canals, lakes or other bodies of water shall be construed
to follow such centerlines.
H. Distances not specifically indicated on the zoning map shall be
determined by the scale of the map.
I. Where physical or cultural features existing on the ground are at
variance with those shown on the zoning map, or if further uncertainty
exists as to the location of boundaries or applicability of zoning districts,
the Board of Adjustment shall interpret the intent of the zoning map as
to the location of such boundaries, and the applicability of such districts.
4.6 Determining Permitted and Special Uses, Principal Uses and Mixed
Uses
The listings of Permitted and Special Uses in the various districts in this
Ordinance are considered to be specific in regard to the types of uses intended
for each of the various districts. In determining proposed uses, the Zoning
Administrator shall classify the form and function of the use. When a
proposed use is not specifically listed in the Table of Permitted and Special
Uses, the Zoning Administrator shall determine if the use is the same as or
manifestly similar to, a listed use in form and function. If the Zoning
Administrator finds that the proposed use is the same as, or manifestly
similar to, a listed use, he shall classify the proposed use as the listed use. In
doing so, the Zoning Administrator may consult the North American Industry
Classification System (NAILS) published by the U.S. Office of Management
and Budget. If the Zoning Administrator finds that a proposed use is not the
same as, or is not manifestly similar to, a listed use, he/she shall classify the
proposed use as not permitted.
In determining what is a principal use, the principal use shall be considered
as the primary purpose or function that a lot or structure serves or is
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proposed to serve. An accessory use shall be considered a structure or use
that:
A. Is clearly incidental to and customarily found in connection with a
principal building or use;
B. Is subordinate to and serves a principal building or a principal use;
C. Is subordinate in area, extent, or purpose to the principal building or
principal use served;
D. Contributes to the comfort, convenience, or necessity of occupants,
business, or industry in the principal building or principal use served;
and
E. Is located on the same lot and zoned the same as the principal building
or use served.
Two (2) or more principal uses may, in some cases, be permitted to occupy the
same land or building as long as each use is a permitted use.
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