ARTICLE 3. - ZONING DISTRICTS, USES, AND DIMENSIONAL STANDARDS

Chapel Hill, North Carolina, Code of Ordinances >> - CODE >> Appendix A - LAND USE MANAGEMENT >> ARTICLE 3. - ZONING DISTRICTS, USES, AND DIMENSIONAL STANDARDS >>

ARTICLE 3. - ZONING DISTRICTS, USES, AND DIMENSIONAL STANDARDS

This article establishes zoning districts and describes the various uses permitted within the zoning districts, as well as design regulations. Several types of zoning districts are established. First, "General Use" districts (section 3.3) divide the town into various residential, commercial and industrial zones. Each district establishes uses that are permitted "as of right," and uses permitted only as "special uses." Special uses require a public hearing in order to assess whether conditions are needed in order to make the use compatible with other uses in the district. The uses permitted in each district are listed in section 3.7.

"Special" districts (section 3.5) involve uses which cannot be adequately addressed by the base district regulations. Unlike the overlay districts, these districts are independent of the general use zoning districts. The special districts have separate use and design regulations.

"Overlay" districts are established in section 3.6. Within these districts, the standards of both the general use and overlay districts apply. These districts address special situations such as groundwater recharge, historic preservation, airport hazards, and utility conversions where the base district regulations are not sufficient to protect the public.

One essential function of zoning is to regulate the dimensional aspects of development. Section 3.8 establishes regulations governing the configuration and location of lots, buildings, structures and paved surfaces. This includes lot size, density, intensity, lot width, and setbacks from streets and property lines. These standards are consolidated in a schedule called the Dimensional Matrix (Table 3.8-1). The amount of a lot that may be covered with built or paved surfaces ("impervious surface ratio") is also established in the dimensional matrix.

Section 3.9 establishes incentives in the form of additional density and other regulatory measures in order to encourage redevelopment and enhanced site design. Landowners are permitted through rezoning to transfer densities from environmentally sensitive sites that are inappropriate for development to sites that are suitable for increases in density.

Some uses, while permitted in a zoning district, raise special concerns which require additional regulations. These regulations are established in article 6. They apply regardless of whether the use is permitted as of right or as a special use within the district.

Cross reference— Keeping certain animals in town, Ch. 4, § 4-10.

3.1. - Establishment and intent of zoning districts.

3.2. - Zoning Atlas.

3.3. - General use districts.

3.4. - Conditional Use Districts.

3.4.1. - Residential-Special Standards-Conditional Zoning Districts.

3.5. - Special districts.

3.6 - Overlay Districts.

3.7 - Use regulations.

3.8. - Dimensional standards.

3.9. - Incentive zoning.

3.10 - Inclusionary zoning.

3.1. - Establishment and intent of zoning districts.

The town and its extraterritorial planning jurisdiction are hereby divided into zoning districts as enumerated below. The use regulations and intensity regulations applicable for such zoning districts are designated in sections 3.7 and 3.8 of this article.

3.2. - Zoning Atlas.

3.2.1 The boundaries of zoning districts described in this article are hereby established as shown on the official zoning atlas which accompanies this appendix and which, with all notations, references, and other information shown thereon, shall be as much a part of this appendix as if fully described herein.

3.2.2 The official zoning atlas shall be authenticated by the planning director and shall be retained in the office of the planning department.

3.2.3 Copies of the zoning atlas, or portions thereof, may be made. However, the official zoning atlas is the final and sole authority as to the zoning status of land within the town and its extraterritorial jurisdiction.

3.2.4 Amendments to the official zoning atlas shall be entered by the planning director. Maps and descriptions accompanying enacted amendments shall be displayed in the office of the planning department until such time as such amendments are entered on the official zoning atlas.

3.2.5 The planning director shall authenticate the entry of each amendment on the official zoning atlas and shall maintain a record of the nature and date of entry of each amendment. Changes to the official zoning atlas other than those authorized by duly approved amendments to this appendix shall be prohibited.

3.2.6 Unless otherwise provided, zoning district boundaries shall be located on municipal corporate lines, section lines, parcel lines, natural boundary lines or on the center lines of highways, streets, alleys, or railroad rights-of-way. In cases where these lines are not used, the zoning district lines shall be as determined by using the scale of the official zoning atlas. If a parcel of land is divided by a zoning district boundary line at the time of enactment of this appendix or by subsequent amendments thereto, the appropriate standards and uses for each zone shall apply on the portion of the parcel covered by that zone.

3.2.7 The town manager shall render a decision as to any dispute of the boundary or location of property within a zoning district in accordance with the procedures for interpretations (section 4.11):

(a)

When a district boundary is shown as approximately following a street, highway, alley, road, right-of-way, parkway, public utility right-of-way, railroad, stream, or watercourse, the boundary shall be deemed to be the center line of such feature.

(b)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(c)

Boundaries indicated as approximately following established municipal limits and county borders shall be construed as following such lines.

(d)

Boundaries indicated as separated from but approximately parallel to any of the features indicated above, or any land marked or monumental line, shall be deemed to be parallel to the aforesaid center line.

(e)

Distances not specifically indicated on the official zoning atlas shall be determined by the scale of the map.

(f)

Where a street, highway, railroad or other physical monument or marker on the ground, by which a boundary is determined, varies from that as shown on the official zoning atlas, the physical monument or marker located on the ground shall control.

(g)

Where physical or cultural features, such as flood plains, vary from those shown on the official zoning atlas, or in other circumstances not covered above, the town manager shall determine the district boundaries.

3.3. - General use districts.

3.3.1 Town Center (TC-1, TC-2, TC-3)

The town center (TC) districts are intended to provide for the development of the commercial, service, and social center of Chapel Hill while maintaining its character, its pedestrian-oriented scale, and its nature as a concentration of business, administrative, financial, governmental, and support functions serving the community; and to encourage further residential development in the central area of Chapel Hill. The zoning regulations for the TC districts are designed to achieve the following objectives:

• Buildings are designed and located so that they provide visual interest and create enjoyable, human-scale spaces.

• Building design blends with the natural terrain by means such as terracing or other techniques that minimize grading.

• Designs are compatible, in form and proportion, with the neighboring area.

• Designers strive for creativity in form and space wherever contrast and variety are appropriate to the larger environment.

• Buildings and projects include visual variety and also maintain a strong sense of unity.

• Buildings and projects include a high level of architectural detailing to help maintain a sense of scale.

Applicants are encouraged to consult the Design Guidelines for Downtown Chapel Hill (prepared by Downtown Small Area Plan Work Group, August 1998) before submitting an application for approval in a town center district.

3.3.2 Community Commercial District (CC)

The community commercial (CC) district is intended to provide for the development of high-intensity commercial and service centers that serve community-wide or regional commercial and service needs.

3.3.3 Neighborhood Commercial District (N.C.)

The neighborhood commercial (N.C.) district is intended to provide for the development of low-intensity commercial and service centers that are accessible by pedestrians from the surrounding neighborhoods, serve the daily convenience and personal service needs of the surrounding neighborhoods, and are of such a nature as to minimize conflicts with surrounding residential uses.

3.3.4 Office/Institutional—4 District (0I-4)

See Special Districts, Section 3.5.2.

3.3.5 Office/Institutional—3 District (0I-3)

The office/institutional-3 (OI-3) district is intended to provide for major educational, research, public service, and office uses, and their necessary support functions, while minimizing conflicts with adjacent land uses.

3.3.6 Office/Institutional—2 (District (0I-2)

The Office/Institutional-2 (OI-2) district is intended to provide for medium-intensity office and institutional development.

3.3.7 Office/Institutional—1 District (0I-1)

The office/institutional-1 (OI-1) district is intended to provide for low-intensity office and institutional development and, where appropri

ate, to serve as a transition between residential zoning districts and high-intensity nonresidential zoning districts.

3.3.8 Industrial District (I)

The industrial (I) district is intended to provide for public and private uses of a wholesale, distribution, limited processing, and production nature serving the needs of the Chapel Hill community, and to ensure the compatibility of such uses with their surroundings.

3.3.9 Residential Districts (R-6, R-5, R-4, R-3, R-2, R-2A, R-1, R-1A, R-LD1, R-LD5)

The residential districts are intended to provide for residential development of appropriate intensities consonant with the suitability of land, availability of public services, accessibility to major activity centers and transportation systems, and compatibility with surrounding development.

3.3.10 Rural Transition District (RT)

The rural transition (RT) district is intended to be applied to land which is used for agricultural, very low-intensity residential, or open space uses, but which is projected in the comprehensive plan for conversion to more intensive urban uses at such time as community services are available and community needs for such uses are present.

3.3.11 Materials Handling District (MH)

The materials handling (MH) district is intended to provide for public operation of a solid waste management facility.

(Ord. No. 2007-02-26/O-5, § 1)

3.4. - Conditional Use Districts.

For the TC-1, TC-2, TC-3, CC, N.C., 0I-1, I, R-6, R-5, R-4, R-3, R-2, R-2A, R-1, R-1A, R-LD1, and R-LD5 districts hereinabove described, there are hereby established parallel conditional use districts designated TC-1-C, TC-2-C, TC-3C, CC-C, N.C.-C, 0I-2-C. 0I-1-C, I-C, R-6-C, R-5-C, R-4-C, R-3-C, R-2-C, R-2A-C, R-1-C, R-1A-C, R-LD1-C, and R-LD5-C pursuant to North Carolina General Statutes Section 160A-382. Under each conditional use district, all uses allowed as a permitted use or special use by section 3.7, Table 3.7-1 (Use Matrix), for the parallel general use district are permitted only upon issuance of a special use permit by the town council pursuant to section 4.5 of this appendix.

(Ord. No. 2007-02-26/O-5, § 2; Ord. No. 2008-11-24/O-4, § 1)

3.4.1. - Residential-Special Standards-Conditional Zoning Districts.

A residential-special standards-conditional (R-SS-C) is hereby established, pursuant to North Carolina General Statutes Section 160A-382. Uses allowed in this district shall be those described in section 3.7 and Table 3.7-1 (Use Matrix) of this chapter, and are permitted only upon issuance of a special use permit by the town council pursuant to section 4.5 of this chapter. Residential development and the recreational, open space, and other urban amenities associated with such development when located within the residential-special standards-conditional district shall, to the extent practical, comply with the goals and objectives of the comprehensive plan.

Zoning atlas amendment applications, proposing to rezone a site to the residential-special standards-conditional district shall comply with A or B below:

An applicant must demonstrate that the associated special use permit application complies with the following objective:

Promotion of an one hundred (100) percent affordable on-site housing component.

An applicant must demonstrate that the associated special use permit application complies with each of the following objectives:

Promotion of affordable housing on-site, and off-site when appropriate, that complies with or exceeds the council's current affordable housing policy.

Implementation of an energy management and conservation plan that addresses carbon reduction, water conservation and other conservation measures that comply with or exceed the council's current energy management/conservation policies.

Encouragement of a balanced private and public transportation system that promotes connectivity and safety for vehicles, bicycles, and pedestrians including direct and/or indirect improvements to the community's transportation systems.

Support of a healthy downtown district by identifying or providing reasonable accessible pedestrian/bicycle and non-vehicular access to downtown.

Promotion of art (private or public) in private development that is visually accessible to the public and/or providing direct/indirect opportunities for public art.

Protection of adjoining residential uses and neighborhoods with appropriate screening/buffering and/or architectural design elements that is congruous and sensitive to the surrounding residential areas.

Protection/restoration of the natural environment by implementing program(s) addressing stream restoration, wildlife habitat, woodland, meadow restoration, steep slope protection, and exotic invasive vegetation management, including programs that encourage private/public partnership to restore and enhance environmental resources.

Promotion of green and ecologically sound developments.

Encouragement of a community character that promotes economic vitality, economic protection and social equity.

(Ord. No. 2008-11-24/O-4, § 2)

3.5. - Special districts.

Special districts have been created to deal with unique, location-specific situations where special standards and procedures are appropriate. The following special districts are defined below: mixed use districts, office/institutional-4 district, traditional neighborhood development district, and transit oriented development district.

3.5.1 Mixed Use Districts.

Purpose statement: The mixed use districts are intended to provide for the coordinated development of office, commercial, and residential uses and their necessary support functions in the vicinity of key highway intersections and transit corridors in Chapel Hill. They are designed to facilitate stated public policies to encourage design which emphasizes lively, people oriented environments and compatible, visually interesting development. This district provides areas where moderate scale mixed use centers can locate with an emphasis on development of a balance of residential, office and commercial uses.

It is further intended that the mixed use districts shall encourage development within which mutually supporting residential, commercial and office uses are scaled, balanced and located to reduce general traffic congestion by providing housing close to principal destinations, and convenient pedestrian and bicycle circulation systems and mass transit to further reduce the need for private automobile usage. Mixed use districts are intended to encourage development that allows multiple destinations to be achieved with a single trip. These standards encourage a design such that uses within a mixed use district are arranged in a manner that encourages internal vehicular trip capture and the development patterns that encourage walking, transit and bicycling as alternatives to automotive travel.

When such districts adjoin residential development or residential zoning districts, it is intended that arrangement of buildings, uses, open space, and vehicular or pedestrian and bicycle access shall be such as to provide appropriate transition and reduce potentially adverse effects.

(a)

Establishment of mixed use districts.

Three mixed use (MU) districts are hereby established. The boundaries of the mixed use districts are as shown on the official zoning atlas. The districts are identified as Mixed Use-OI-1 (MU-OI-1), Mixed Use-R-1 (MU-R-1), and Mixed Use-Village (MU-V).

It is the intent of the Town of Chapel Hill to reserve the MU-OI-1 and MU-R-1 designations and regulations for areas already so zoned as of September 2002. The policy of the town is to grant no further rezonings to MU-OI-1 or MU-R-1, and to reserve future mixed use zoning designations for MU-V.

(b)

Permitted uses and development intensities—Mixed Use-Village (MU-V).

(1)

The uses permitted in the MU-V districts include the following:

Vertical mixed use buildings, or

Uses listed in subsection (2), below, which are mixed horizontally. Uses are considered to be "mixed horizontally" where:

Such uses comprise not less than the minimum, and not more than the maximum, per centage of floor area prescribed in subsection (b)(2)A, below; and

Uses within a land use category set forth below, are located not further than eight hundred (800) feet from the uses located within another land use category; and

The uses within separate land use categories, as set forth below, are linked by a continuous system of sidewalks or trails. Sidewalks or trails shall be considered "continuous" if they are interrupted only by street intersections, but shall not be considered "continuous" if interrupted by natural or man-made barriers to pedestrian and bicycle movement or by a street consisting of more than two (2) lanes of traffic, unless a pedestrian and bicycle island is provided.

(2)

Land use categories.

An MU-V shall include office, commercial, and residential uses as described below. The mix of floor area within a proposed development shall contain at least twenty-five (25) per cent of the floor area devoted to residential uses and at least twenty-five (25) per cent of the floor area devoted to office/commercial uses.

For purposes of this section:

Uses within the "Residential" land use category include the following:

Dwelling units, single family,

Dwelling units, two-family with accessory apartments,

Dwelling units, duplex,

Dwelling units, multifamily, three to seven dwelling units,

Dwelling units, multifamily, over seven dwelling units,

Uses within the "Non-Residential" land use category include the following:

Business, office-type,

Child/adult day care facility (See section 3.6),

Clinic,

College or university,

Fine arts educational institution,

Hotel or motel,

Research activities,

Bank,

Barber shop/beauty salon,

Business—convenience,

Business—general,

Business—wholesale,

Manufacturing, light,

Personal services,

Public service facility,

Publishing and/or printing,

Recreation facility: Commercial.

Uses not enumerated above shall not be considered to be within a residential or non-residential land use category within the meaning of this section.

(c)

Dimensional Restrictions.

(1)

Except as otherwise specifically provided in this section, regulations governing the dimensions of lots and buildings are hereby established as shown in Table 3.8-1.

(2)

Permitted density shall not exceed fifteen (15) dwelling units per acre for MU-V collector and MU-V local and twenty (20) du/are for MU-v arterial. Permitted intensity and impervious surface restrictions shall e as established in section 3.8 Table 3.8-1 unless development rights are transferred pursuant to section 3.9.2 of this appendix. The frontage and setback requirements shall not apply to parks and open space.

(d)

Mixed Use Development Design Standards—MU-V.

(1)

All design standards specified in article 5 of this appendix and in the town's design guidelines in effect at the time a proposal is being reviewed shall apply to the design of development proposed as a mixed use development as defined by this article along with the provisions of subsections (2) through (5), below.

(2)

Any application for mixed use development shall include a concept plan as provided in section 4.3 and a special use permit as provided in section 4.6 of this appendix. The special use permit shall include a phasing plan that specifies the stages of development build out. The phasing plan shall identify the sequence of development for the land uses shown on the special use permit. The phasing plan information may be prepared as a plan, a table, or a report. It shall include general phasing of internal and external traffic circulation systems, amenities, and utility improvements that will be constructed concurrent with the land use development. Land use development scheduling shall include a general indication of size, either in square footage or acres. The plan shall also indicate the expected impact of the development on existing or proposed public facilities, including but not limited to, streets, transit, schools, water and sewer systems, and public safety. The applicant shall provide assurances that all the use categories will be constructed and that the project will, in fact, result in a mixed use development satisfying the purpose section of this district. The applicant shall include all of the required use categories (residential, commercial, and office uses) in the first phase of the project.

(3)

Outparcels are hereby defined as development or parcels of land generally located at the perimeter boundary of a mixed use development. All plans for outparcels within a mixed use development proposal shall include a set of design criteria for the outparcel(s). These design criteria shall be prepared to maintain visual compatibility and overall design compatibility with the entire development. The criteria shall address the location, form, scale, materials and colors of structures as they relate to the design concept of the entire development, and shall be consistent with the design guidelines.

(4)

Off-street parking requirements shall be fifty (50) per cent of the minimum parking requirements listed in the parking and loading standards (section 5.9 of this appendix). Required loading areas may overlap automobile parking bays where it can be demonstrated that hours of peak operation do not conflict with delivery schedules. Dimensional standards for parking and loading may be varied by the town manager.

(5)

The applicant shall provide a bus stop consistent with the design criteria of sections 21-7 and 21-28.1 of the town Code of Ordinances. Such stops shall be located within one-half (½) of a mile of all dwelling units or office buildings. Notwithstanding the provisions of section 21-7 of the town Code of Ordinances, a resolution of the town council shall not be required prior to the designation of bus stops. Instead, this section only requires that bus stops be indicated on the subdivision plat or site plan. Different locations may be designated by resolution(s) of the town council following approval of the mixed use development.

(6)

Buffers are not required between different uses or use categories within the MU-V District.

(e)

Permitted Uses and Development Intensities—Mixed Use-OI-1.

(1)

The uses permitted in the mixed use OI-1 zone, except in situations described in subsection (2) below, are single and two-family dwellings, and those other non-residential uses listed in section 3.7 as permitted in the OI-1 zone, except that "Medical Aircraft Hangar" is not permitted. The land use intensity ratios, setbacks, and height limitations that apply in the mixed use zone, except in situations described in subsection (2) below, are those that apply to the OI-1 zone, as set forth in section 3.8

(2)

If development of property in a mixed use-OI-1 zone is proposed, and the proposal meets all of the following thresholds, then the set of permitted use and intensity regulations described in subsection (3) shall apply. Those thresholds are:

Minimum lot size of twenty (20) contiguous acres (may include parcels on both sides of a street).

Uses proposed in one (1) of the following mixed use combinations:

• Office, commercial, and residential uses,

• Office and commercial uses,

• Office and residential uses.

Office, commercial, and residential uses, as defined and permitted in section 3.5.1(e)(3), individually shall not utilize more than fifty-five (55) per cent of the approved floor area nor less than twenty (20) per cent of the approved floor area.

(3)

If a development proposal in a mixed use-OI-1 district meets all of the thresholds listed in subsection (2), then the following use and intensity regulations shall apply:

For commercial floor area, permitted uses shall be those listed in section 3.7 as permitted uses in the community commercial (CC) district, except as noted in paragraph D below.

For residential floor area, permitted uses shall be those listed in section 3.7 as permitted uses in the R-5 district, except that in addition, multifamily development of more than seven units shall be permitted.

For office floor area, permitted uses shall be those listed in section 3.7 as permitted uses in the OI-1 district, including business, office type and clinic.

The following uses are not permitted in the mixed use-OI-1 zone:

• Automotive repair,

• Automotive, trailer, and farm implement sales or rental,

• Kennel,

• Supply yard,

• Veterinary hospital.

Dimensional standards shall be those listed in section 3.8, for the community commercial (CC) zone.

For the portions of a site devoted to residential development, the density limitations described in section 3.8 for the R-5 zone shall apply.

Minimum setbacks from the perimeter boundary of the specified development tract shall be as follows:

• Street: Fifty (50) feet.

• Interior: Fifty (50) feet.

• Immediately adjacent to residential use or residentially zoned property: Fifty (50) feet.

Minimum setbacks internal to the specified development tract shall be as follows:

• Street: Zero (0) feet.

• Interior: Zero (0) feet.

The minimum setback parking area from the perimeter boundary of the specified development tract shall be seventy-five (75) feet from the street.

Maximum height limits shall be as follows:

• Primary: forty-four (44) feet.

• Secondary: Ninety (90) feet.

Type "C" buffers shall be required around all perimeters of the development tract, except in circumstances where a higher level of buffer is required. A Type "D" buffer with a minimum width of fifty (50) feet shall be required adjacent to a non-interstate arterial street. (Ord. No. 2004-02-23/O-2)

(4)

Site analysis: Any application for mixed use development shall include a site evaluation analysis which identifies the physical character of the site. Elements of the site to be investigated include topography, slope conditions, soil characteristics and subsurface constraints, drainage patterns, vegetation, and other existing conditions.

Outparcels: Outparcels are hereby defined as development or parcels of land generally located at the perimeter boundary of a mixed use development. All plans for outparcels within a mixed use development proposal shall include a set of design criteria for the outparcel(s). These design criteria shall be prepared to maintain visual compatibility and overall design compatibility with the entire development. The criteria shall address the location, form, scale, materials and colors of structures as they relate to the design concept of the entire development, and shall be consistent with the design guidelines.

Off-street parking requirements shall be eighty (80) per cent of the minimum requirements listed in section 5.9

(5)

Development tracts of between ten (10) and twenty (20) acres can meet the mixed use threshold in the following manner. If development of property in a mixed use-OI-1 zone is proposed, and the proposal meets all the following thresholds, then the set of permitted use and intensity regulations described in subsection (3) shall apply. Those thresholds are:

Development is proposed on tracts of size between ten (10) and twenty (20) contiguous acres (may include parcels on both sides of a public street if at least five (5) acres of the total are located on both sides of the street).

The proposed development tract is adjacent to, or across a public street from, a mixed use development that has been approved by the town council in accordance with the provisions of this article.

The proposed uses, circulation patterns and buffers are demonstrated to be compatible with the adjacent approved mixed use development. In addition, landscape treatments and architecture shall be demonstrated to be compatible with the adjacent approved mixed use development to the extent such landscape treatments and architecture have been specified in the adjacent special use permit approved by the town council.

Uses for the proposed tract are proposed in one (1) of the following combinations:

• Office, commercial, and residential uses,

• Office and commercial uses, or

• Office and residential uses.

Office, commercial and residential uses, as defined and permitted in section 3.5.1(e)(3), individually shall not utilize more than fifty-five (55) per cent of the approved floor area nor less than twenty (20) per cent of the approved floor area.

(f)

Permitted Uses and Development Intensities—Mixed Use-R-1.

(1)

Permitted uses and intensities. The uses permitted in the mixed use-R-1 zone, except in situations described in subsection (2) below, are single-family dwellings, and those other non-residential uses listed in section 3.7 as permitted in the R-1 zone. The land use intensity ratios, setbacks, and height limitations that apply in the mixed use zone, except in situations described in subsection (2) below, are those that apply to the R-1 zone, as set forth in section 3.8

(2)

Mixed use threshold. If development of property in a mixed use-R-1 zone is proposed, and the proposal meets all of the following thresholds, then the set of permitted use and intensity regulations described in subsection (3) shall apply. Those thresholds are:

Minimum lot size of twenty (20) contiguous acres (may include parcels on both sides of a street).

Uses proposed in one (1) of the following combinations:

• Office, commercial, and residential uses,

• Office and commercial uses,

• Office and residential uses.

At least sixty (60) per cent of floor area devoted to "business, office-type" uses, as defined in this Land Use Management Ordinance.

No more than eighty-five (85) per cent of floor area devoted to "business, office-type" uses.

(3)

Mixed use development intensity and use regulations. If a development proposal in a mixed use-R-1 district meets all of the thresholds listed in subsection (2), then the following use and intensity regulations shall apply:

For commercial floor area, permitted uses shall be those listed in section 3.7, as permitted uses in the community commercial district, except as noted in paragraph D, below.

For residential floor area, permitted uses shall be those listed in section 3.7 as permitted uses in the R-5 district, except that in addition multifamily development of more than seven units shall be permitted.

For office floor area, permitted uses shall be those listed in section 3.7 as permitted uses in the OI-1 district.

The following uses are not permitted in the mixed use zone:

• Automotive repair,

• Automotive, trailer, and farm implement sales or rental,

• Kennel,

• Supply yard,

• Veterinary hospital.

Dimensional standards shall be those listed in section 3.8, in a community commercial (CC) zone.

For the portions of a site devoted to residential development, the density limitations described in section 3.8 for the R-5 zone shall apply.

Minimum setbacks from the perimeter boundary of the specified development tract shall be as follows:

• Street: Fifty (50) feet.

• Interior: Fifty (50) feet.

• Immediately adjacent to residential use or residentially zoned property: Fifty (50) feet.

Minimum setbacks internal to the specified development tract shall be as follows:

• Street: Zero (0) feet.

• Interior: Zero (0) feet.

The minimum setback for any parking area from the perimeter boundary of the specified development tract shall be seventy-five (75) feet from the street.

Maximum height limits shall be as follows:

• Primary: Twenty-nine (29) feet.

• Secondary: Ninety (90) feet.

(4)

Mixed use development design standards. All design standards specified in article 5 of this appendix and in the town's design guidelines in effect at the time a proposal is being reviewed shall apply to the design of development proposed as a mixed use development as defined by this article with the following special provisions:

Site analysis: Any application for mixed use development shall include a site evaluation analysis which identifies the physical character and structure of the site. Elements of the site to be investigated include topography, slope conditions, soil characteristics and subsurface constraints, drainage patterns, vegetation, and other existing conditions.

Outparcels: Outparcels are hereby defined as development or parcels of land generally located at the perimeter boundary of a mixed use development and physically separated from the remainder of the development. All plans for outparcels within a mixed use development proposal shall include a set of design criteria for the outparcel(s). These design criteria shall be prepared to maintain visual compatibility and overall design compatibility with the entire development. The criteria shall address the location, form, scale, materials and colors of structures as they relate to the design concept of the entire development, and shall be consistent with the design guidelines.

Off-street parking requirements shall be eighty (80) per cent of the minimum requirements listed in section 5.9

(5)

Additions to approved mixed use developments. Development tracts of between ten (10) and twenty (20) acres can meet the mixed use threshold in the following manner. If development of property in a mixed use-R-1 zone is proposed, and the proposal meets all the following thresholds, then the set of permitted use and intensity regulations described in subsection (3) shall apply. Those thresholds are:

The proposed development tract is adjacent to, or across a public street from, a mixed use development that has been approved by the town council in accordance with the provisions of this article and section 4.8

Uses for the proposed tract are proposed in one of the following combinations:

• Office, commercial, and residential uses,

• Office and commercial uses, or

• Office and residential uses.

At least sixty (60) per cent of the proposal's floor area shall be devoted to "business, office-type" uses, as defined in this Land Use Management Ordinance.

No more than eighty-five (85) per cent of the proposal's floor area shall be devoted to "business, office-type" uses.

(g)

Review and approval procedure.

Review and approval procedures specified in section 4.5 shall apply to applications for development approval in a mixed use zoning district. All development proposed under the conditions specified in subsections (b)(1), (d)(2), (d)(3), (e)(2), and (e)(3) shall be considered to be special uses.

(Ord. No. 2007-02-3a, §§ 1—3; Ord. No. 2007-04-11/O-4, § 1)

3.5.2 Office/Institutional—4 District (OI-4)

(a)

Purpose and intent.

The purpose and intent of the office/institutional-4 district (OI-4) is to establish procedural and substantive standards for the town council's review and approval of development on large tracts of land where the predominant use is to be college, university, hospital, clinics, public cultural facilities, and related functions.

The objective of this section and the OI-4 district is to allow for growth and development while protecting the larger community, nearby neighborhoods, and the environment from impacts accompanying major new development. A key feature of this district is the preparation of a development plan that would allow the property owner, immediate neighbors, and the larger community to understand specifically what levels of development are being proposed, and what impacts would likely accompany the development, so that mitigation measures can be designed and implemented.

(b)

Overview of Development Review Procedures.

Procedures in this zoning district are designed to facilitate:

• Articulation of development plans that involve multiple buildings in multiple locations over an extended time period on a given tract of land, as defined in a development plan;

• Identification of total infrastructure needs for such proposed development as specified in a development plan and cumulative impacts resulting from full development as specified in a development plan; and

• Provision of measures to mitigate the negative impacts, including off-site construction of parking decks as described in subsection (d)(2), phased in a manner appropriate with the pace of construction.

To this end, owners of property zoned OI-4 are encouraged to prepare detailed development plans, as described below, for review and approval by the town council. For buildings that are included in an approved development plan, site development permits for individual buildings are to be issued by the town manager, following a determination by the town manager that such individual building plans are generally consistent with the town council-approved development plan.

For development proposed within an OI-4 zoning district that is not included in a town council-approved development plan, but is a minor change according to the provisions of subsection (i) of this section, the town manager may approve a change to the development plan and issue a site development permit. For development proposed within an OI-4 zoning district that is not included in a town council-approved development plan and that cannot be considered a minor change to the plan according to subsection (i) of this section, such development shall be considered to be a special use, and subject to the special use permit procedural requirements of section 4.5 of this appendix. In the alternative, the applicant may apply to the town council for an amendment to the development plan.

Once a property is zoned office/institutional-4, all regulations, standards, and procedures prescribed for the previously-applicable zoning district shall apply until (1) a development plan is approved; or (2) six (6) months have elapsed, whichever comes first.

(c)

Concept plan review. Prior to submittal of a development plan or modification of development plan, a concept plan review shall be conducted by the Town Council. It is the intent of the conceptual development plan process to provide an opportunity for the Town Council, Town Manager and citizens to review and evaluate the impact of the proposed development on the character of the area in which it is proposed to be located.

(1)

Submittal requirements. Applications for conceptual development plan review shall be filed with the Town Manager. The Town Manager shall prescribe the form(s) on which information shall be submitted. Application submittal requirements shall include the following:

Descriptions of proposed development with building locations, building sizes, parking arrangements, and description of building heights with consideration of impact on adjacent areas.

(d)

Development Plan.

A development plan shall address issues such as general location and size of new facilities, parking, utilities, stormwater management, impervious surface, and access/circulation. A development plan shall identify the general location, size, and proposed uses of buildings. A development plan shall project anticipated impacts on streets, water and sewer facilities, stormwater runoff, air quality, noise, and lighting.

(1)

Submittal requirements. Application submittal requirements shall include the following:

Specific descriptions of proposed development with building locations, building sizes, parking arrangements, and description of building heights with consideration of impact on adjacent areas.

Analysis of impacts resulting from proposed development, along with options to mitigate impacts relating to:

• Transportation management (traffic, transit, parking, bikes, pedestrians, air quality);

• Stormwater management analysis (quantity and quality); and

• Noise and lighting analysis.

Individual effects must be evaluated in the context of the whole development plan and not in isolation. Impacts shall be evaluated in accordance with guidelines endorsed for use by the town council.

Preliminary timetable and sequencing schedule for building construction and for related mitigation measures.

(2)

Off-site components. Mitigation measures involving construction of parking decks may need to be developed outside the boundaries of the development plan. Notwithstanding any other provision of this Land Use Management Ordinance, a parking deck proposed to mitigate impacts of a development plan, and approved by the town council as part of a development plan, may be located on a site not within the boundaries of an OI-4 zoning district. Any such facility shall be reviewed as a site development permit according to the provisions of subsection (i)(2) of this section.

(e)

Permitted uses and development intensities.

Permitted uses shall be identical with uses listed in the use matrix (section 3.7) as being permitted in OI-3, except that place of assembly shall be considered to be a permitted use and not a special use. The maximum floor area allowed shall be as provided in a development plan that is approved by the town council. Special restrictions apply in perimeter transition areas (see subsection (g)).

For purposes of calculating compliance with a specified maximum floor area, the following land uses shall not be counted as floor area: new residential development (including Dwellings and residence halls), and new public cultural facilities.

(f)

Standards.

Development in the OI-4 zoning district shall be designed in a manner that provides a mix of uses which are integrated, interrelated and linked by pedestrian ways, bikeways, and other transportation systems. Development plans shall, as practical and consistent with applicable laws and regulations, include measures to encourage reduction of automobile use and promote alternative modes of transportation; to mitigate adverse environmental impacts; to promote conservation of non-renewable energy resources; and to achieve visual continuity in the siting and scale of buildings. Specifically, a development plan shall address the following:

(1)

Noise: Noise levels from development proposed in the development plan shall not exceed those allowed by the Town of Chapel Hill Noise Ordinance.

(2)

Environment: Development proposed in the development plan shall minimize impacts on natural site features, and be accompanied by measures to mitigate those impacts.

(3)

Transportation: Development proposed in the development plan shall be accompanied by measures to mitigate transportation impacts that are caused by the development.

(4)

Stormwater management: Development proposed in the development plan shall be accompanied by measures to mitigate stormwater impacts (quantity and quality) that are caused by the development.

(5)

Public utilities: There shall be a general demonstration that water, sewer, and other needed utilities can be made available to accommodate development proposed in the development plan.

(6)

Historic districts: The provisions of section 3.6.2 of this appendix shall apply to any development proposed within one of Chapel Hill's Historic Districts.

(g)

Perimeter transition areas.

A development plan shall designate a perimeter transition area establishing appropriate standards at borders of the development plan, necessary to minimize impacts of development proposed in the development plan on adjacent property, to be approved by the town council as part of the development plan. Standards shall address:

(1)

Screening mechanical equipment,

(2)

Exterior lighting,

(3)

Height limits,

(4)

Landscaping.

(h)

Procedures for approval of development plans.

Applications for a development plan, special use permit, or site development permit shall be filed with the town manager.

(1)

Application submittal requirements. The town manager shall prescribe the form(s) of applications as well as any other material he/she may reasonably require to determine compliance with this section. Applications shall include information described in subsection (d) (1).

(2)

Process for review.

Applications for development plan approval shall be reviewed by the planning board and forwarded to the town council for consideration at a public hearing. The Planning Board shall review the application and the Town Manager's report and shall submit to the Town Council a written recommendation based on the findings required in subsection (h)(3). The Planning Board shall prepare its recommendation within thirty-five (35) days of the meeting at which the Town Manager's report is submitted to it or within such further time consented to in writing by the applicant or by Town Council resolution. If the Planning Board fails to prepare its recommendation to the Town Council within this time limit, or extensions thereof, the Planning Board shall be deemed to recommend approval of the application without conditions.

Notice of the date, time, and place of the public hearing shall be published in a newspaper of general circulation in the planning jurisdiction once a week for two (2) successive weeks, with the first notice to be published not less than ten (10) nor more than twenty-five (25) days prior to the date of the hearing.

The public hearing shall be open to the public and all interested persons shall be given the opportunity to present evidence and arguments and to ask questions of persons who testify. The town council may place reasonable and equitable limitations on the presentation of evidence and arguments and the cross-examination of witnesses to avoid undue delay. All persons who intend to present evidence at the public hearing shall be sworn.

The applicant shall bear the burden of presenting evidence sufficient to establish persuasively that the proposed development will comply with the determinations required in subsection (h)(3).

A record of the proceedings of the hearing shall be made and shall include all documentary evidence presented at the hearing. Town council action on an application for development plan approval shall occur within one hudred twenty (120) days of the date of submittal of a complete application.

(3)

Town council action.

The town council shall approve a development plan unless it finds that the proposed development would not:

• Maintain the public health, safety, and general welfare; or

• Maintain the value of adjacent property; or

• Comply with all required regulations and standards of this chapter, including all applicable provisions of article 2 and with all other applicable regulations; or

• Conform with the general plans for the physical development of the Town as embodied in this chapter and in the comprehensive plan.

Town council action shall be to:

• Approve;

• Approve with conditions; or

• Deny.

(i)

Actions after decision on development plan.

(1)

Recording approval. If the application for approval of a development plan is approved or approved with conditions, the town manager shall issue the approval in accord with the action of the town council. The applicant shall record such approval in the office of the county register of deeds. The development plan, including all conditions attached thereto, shall run with the land and shall be binding on the original applicant as well as all successors, assigns, and heirs.

(2)

Individual site development permits. If the development plan is approved, or approved with conditions, the town manager may then accept applications for individual site development permits for specific buildings that are described in the development plan. No work on a building identified on the development plan may begin until a site development permit has been issued. The town manager shall prescribe the form(s) of applications as well as any other material he/she may reasonably require to determine compliance with the development plan. Any application for a site development permit in a perimeter transition area shall include provisions for mailed notification to property owners within one thousand (1,000) feet of the proposed development. If the town manager finds that the application is consistent with the development plan, he/she shall approve the application and issue the site development permit within fifteen (15) working days of the submittal of a complete application. If the town manager finds that the application is not consistent with the development plan he/she shall deny the application within fifteen (15) working days of the acceptance of the application and refer the applicant to the special use permit process described in section 4.5 of this appendix. Alternatively, the applicant may apply for an amendment to the development plan.

(3)

Expiration, abandonment, revocation of development plan. If an application for a site development permit pursuant to an approved development plan has not been submitted to the town manager within two (2) years of the date of approval of the development plan, the approval shall automatically expire. On request by the holder of an approved development plan, the town council shall approve the abandonment of the plan if it determines that no subsequent development approvals have been granted and no construction activity has taken place pursuant to the development plan. If material conditions of a development plan are violated, and remain in violation after giving the property owner a reasonable amount of time to correct such violation, the town council may revoke the plan after notification to the property owner and opportunity for property owner response at a public meeting of the town council.

(j)

Process for amending development plan.

The town manager is authorized to approve minor changes and changes in the ordering of phases in an approved development plan, as long as such changes continue to be in compliance with the approving action of the town council and all other applicable requirements, and result in a configuration of buildings that is generally consistent with the approved development plan. The town manager shall not have the authority to approve changes that constitute a modification of the development plan.

Before making a determination as to whether a proposed action is a minor change or a modification, the town manager shall review the record of the proceedings on the original application for the development plan and any subsequent applications for modifications of the development plan, and shall use the following criteria in making a determination:

(1)

A change in the boundaries of the development plan approved by the town council shall constitute a modification;

(2)

A substantial change in the floor area or number of parking spaces approved by the town council shall constitute a modification. (General rule: more than a 5% increase in overall net new floor area or parking in a development plan approved by the town council would be considered substantial.);

(3)

Substantial changes in pedestrian or vehicular access or circulation approved by the town council shall constitute a modification. (General rule: changes that would affect access or circulation beyond the boundaries of a development plan would be considered substantial.); and

(4)

Substantial change in the amount or location of open areas approved by the town council shall constitute a modification.

If the proposed action is determined to be a modification, the town manager shall require the filing of an application for approval of the modification, following procedures outlined in this section for initial approval of a development plan.

(Ord. No. 2005-06-15/O-5, § 1)

3.5.3 Traditional Neighborhood Development District

[RESERVED]

3.5.4 Transit Oriented Development District

App. A Section 3-5-4

Purpose statement: The transit oriented development district encourages a mixture of residential, commercial, and employment opportunities within identified light rail station or other high capacity transit areas. The district allows for a more intense and efficient use of land at increased densities for the mutual reinforcement of public investments and private development. Uses and development are regulated to create a more intense built-up environment, oriented to pedestrians and bicycles, to provide a density and intensity that is transit supportive. The development standards of the zone also are designed to encourage a safe and pleasant pedestrian and bicycle environment near transit stations by encouraging an intensive area of shops and activities, by encouraging amenities such as benches, kiosks, and outdoor cafes, and by limiting conflicts between vehicles and pedestrians and bicycles. It is the intent of this section that a TOD district be restricted to areas within one-half of a mile of a transit station, which area is equivalent to a typical 10-minute walking distance.

Because most transit users will walk only one-quarter to one-half of a mile to a transit facility, transit influence areas require high densities on small areas of land. The town therefore finds and determines that uses inconsistent with transit will undermine the most efficient use of limited land areas within a TOD, and may render the transit system unworkable. Accordingly, the uses permitted within the core (TOD-C) and perimeter (TOD-P) zoning districts are those which are dependent upon, or which may generate, a relatively high level of transit usage. Uses which would interfere with transit usage and which generate few transit trips are not permitted.

(a)

Designation procedures.

A transit oriented development may be designated pursuant to the procedures established in section 4.4 of this appendix.

(b)

Designation criteria.

To be designated a transit oriented development district, the area must meet the following criteria:

(1)

At least fifty (50) per cent of the territory within a TOD must lie within one-quarter (¼) of a mile of a transit station or major bus boarding location, and shall be classified as transit oriented development-core ("TOD-C").

(2)

Areas between one-quarter (¼) of a mile and one-half (½) of a mile from a transit station or a major bus boarding location may be classified as transit oriented development-perimeter ("TOD-P"). No land area shall be zoned "TOD-P" unless it adjoins an area zoned "TOD-C."

(c)

Uses and dimensional standards.

The TOD district shall establish minimum levels of density and intensity required to support transit ridership, and prohibit lower levels of density which will not support transit ridership and will create unacceptable levels of vehicular congestion.

The TOD district shall establish permitted, special and prohibited uses. Land uses which are not supportive of public transportation in that they tend to not generate transit ridership, and which require access primarily by automobile, shall be prohibited.

(d)

Development standards.

The ordinance designating the TOD shall include standards governing landscaping, lot layout, buffers, setbacks, parks and open space, parking, transportation, and urban design. The ordinance shall establish maximum setbacks and maximum parking requirements which support transit usage.

Example: Buildings within a TOD district feature small front setbacks in order to provide efficient pedestrian and bicycle movement (top graphic). Buildings in conventional commercial strips do not support transit usage because pedestrians are separated from buildings by parking lots and wide setbacks (bottom graphic).

(Source: USDOT, A Guide to Land Use and Public Transportation (Dec. 1989))

3.5.5. University-1 District

(a)

Purpose and intent. The purpose and intent of the University-1 district (U-1) is to establish procedural and substantive standards for the town council's review and approval of development on large tracts of land where the predominant uses are to be public or private development for college/university, research activity, civic, hospital, clinics, cultural, and/or related or support functions with integrated supporting housing, general business, convenience business, office-type business, recreation, utility, and/or open space uses.

The objective of the U-1 district is to allow for orderly and sustainable growth and major new development while mitigating impacts to nearby neighborhoods, the community, and the environment. A key feature of this district is the concurrent review of a rezoning application and an initial proposed development agreement within such district that allows the property owner, immediate neighbors, and community to understand the type and intensity of development being proposed, the timing of that development, the potential impacts of the development, the mitigation measures that will be implemented to address those impacts, and the commitments of both the developer and the town regarding public facilities and services needed to support the proposed development. A development agreement that is approved by ordinance as a legislative decision of the town council pursuant to G.S. 160A-400.22 is an integral component of the U-1 zoning district.

(b)

Overview of development review procedures. Procedures in this zoning district are designed to facilitate:

Articulation of a long-term development plan that provides a context for more detailed intermediate and short term plans and projects;

Articulation of detailed plans that involve multiple buildings over an extended time period on a defined portion of the zoning district that is subject to an individual development agreement;

Identification of the infrastructure needs and impacts related to the development specified in a development agreement;

Provision of measures to mitigate the negative impacts of development in the development agreement and to promote sustainability of approved development, with the mitigation implemented in a manner appropriate with the pace of development; and

Provision of predictability and certainty as to the type, intensity, and design of development set out in a town council-approved development agreement.

Applicants proposing that property be zoned U-1 must submit a long-range development plan and supporting analysis at the time of petition for rezoning to this district. Upon approval by the town council of a development agreement in this district, site development permits for individual buildings are to be issued by the town manager, following a determination by the town manager that such individual building projects do not violate the town council-approved development agreement.

For development proposed within the U-1 zoning district that is not included in a town council-approved development agreement, but is a minor modification according to the provisions of this section, the town manager may approve a change to the development agreement and issue a site development permit.

Except as specifically authorized as a permitted use under subsection 3.5.5(g)(1), development proposed within this zoning district that is not included in a town council-approved development agreement and/or that cannot be considered a minor modification to a development agreement shall be considered to be a special use and subject to the special use permit standards and procedural requirements of section 4.5 of this appendix. In the alternative, the applicant may apply to the town council for an amendment to the development agreement.

The terms used within this section have the same meaning and scope as provided by this appendix and state law. Provided, however, that to the extent a council-approved and owner-executed development agreement define a term to have a different meaning or scope, that meaning and scope shall apply as specified in the development agreement.

(c)

Minimum requirements. Only areas with a minimum of twenty-five (25) contiguous acres of developable property (as defined by G.S. 160A-400.23) under common ownership or management may be placed in a U-1 zoning district.

An application for rezoning to a U-1 district may only be initiated by the owner of the property to be rezoned or a duly authorized agent of the owner.

An application for rezoning to a U-1 district must, in addition to all other requirements of this ordinance, include:

A long-range plan for the development of the entire area proposed to be included in the district.

An ecological assessment of the entire area proposed to be included in the district.

A proposed development agreement for a discrete portion (of not less than twenty-five (25) developable acres) of the land to be placed in the district.

The town manager may specify forms and reasonable requirements related to these mandated materials to be submitted with a rezoning petition.

(d)

Long-range development plan. When an application for a rezoning to this district is submitted, the developer shall submit a long-range development plan that depicts all development anticipated for a period of not less than fifty (50) years to provide an opportunity for the town council, town manager and citizens to see the developer's current plans at a conceptual level for long-term development of all property within the proposed zoning district. This long-range plan is necessary to provide a context for individual development agreements for development within the district. The long-range plan shall represent a good faith depiction of the developer's intentions relative to overall development of the site. It is not, however, submitted for town approval and shall not be deemed to create a binding commitment on behalf of the developer or the town.

The long-range development plan shall be submitted to the town manager prior to or concurrently with the submission of an application to rezone property into this district. An updated long-range development plan shall also be submitted with all applications for approval of a development agreement within the district or for approval of major amendments of a development agreement within the district.

(e)

Development agreement. A proposed development agreement in this district must include all provisions mandated by state law and shall at a minimum include:

A legal description of the property subject to the agreement and the names of its legal and equitable property owners.

The duration of the agreement.

The development uses permitted on the property, including population densities and building types, intensities, placement on the site, and design.

A description of public facilities that will service the development, including who provides the facilities, the date any new public facilities, if needed, will be constructed, and a schedule or triggering points to assure public facilities are available concurrent with the impacts of the development.

A description, where appropriate, of any reservation or dedication of land for public purposes and any provisions to protect environmentally sensitive property.

A description of all local development permits approved or needed to be approved for the development of the property together with a statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction does not relieve the developer of the necessity of complying with the law governing their permitting requirements, conditions, terms, or restrictions.

A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the town council for the public health, safety, or welfare.

A description, where appropriate, of any provisions for the preservation and restoration of historic structures.

A development schedule, including commencement dates and interim completion dates at no greater than five-year intervals, provided, however, the failure to meet a commencement or completion date shall not, in and of itself, constitute a material breach of the development agreement pursuant to G.S. 160A-400.27 but must be judged based upon the totality of the circumstances.

The development agreement may provide that the entire proposed development or any phase of it be commenced or completed within a specified period of time. The development agreement may include other defined performance standards to be met by the applicant and/or its successors in interest.

(f)

Permitted within the boundary of a development agreement.

(1)

Permitted uses within a development agreement. The predominant uses are to be public or private development for college/university, research activity, civic, hospital, clinics, cultural, and/or related or support functions with integrated supporting housing, general business, convenience business, office-type business, recreation, utility, and/or open space uses. Uses that may be approved within a development agreement in this district include all uses allowed within the OI-4 district as permitted uses, special uses, or accessory uses. The maximum floor area, density of development, building heights and general locations, other attributes of development intensity, and design guidelines for the development permitted shall be as provided in a town council-approved development agreement. The development agreement may provide that specified uses shall require a town council-approved special or conditional use permit.

A large central cogeneration/utility plant may only be approved within a development agreement in this district upon approval of a conditional use permit by the town council. For the purposes of this section, a large central cogeneration/utility plant includes any facility designed to produce steam, heat, electric power, chilled water, or cooling for other buildings and that is designed to or has the capacity to serve more than two million square feet of building space. The process established by section 4.5.3 of this appendix shall be followed in the consideration of this conditional use permit and sections 4.5.4 and 4.5.5 of this appendix shall apply to modification, expiration, and revocation of this conditional use permit. The town council shall not approve that permit unless each of the following findings is made:

That the use is located, designed, and proposed to be operated so as to maintain or promote the public health, safety, and general welfare;

That the use is located, designed, and proposed to be operated so as to maintain or enhance the value of contiguous property, or that the use is a public necessity;

That the use conforms with the general plans for the physical development of the town as embodied in the comprehensive plan; and

That the use conforms with the applicable terms of the development agreement.

(g)

Permitted and special uses outside a boundary area of a development agreement.

(1)

Permitted uses outside the boundary area of a development agreement. Uses that may be approved as permitted uses within the zoning district but outside the boundary area or terms of a town council-approved development agreement are:

Community gardens;

Local farmers markets;

Recreational facility, non-profit;

Trails, greenways, and recreational land;

Public use facilities;

Solar energy collection arrays;

Radio, television, or wireless transmitting and/or receiving facilities, provided the total height of an antenna-supporting structure is not more than one hundred twenty (120) feet and there is a five hundred-foot or more setback from the property line;

Wind turbines designed to produce 100kW or less, provided the total height is not more than one hundred twenty (120) feet, there is a minimum ground clearance of thirty (30) feet from rotors, and there is a five hundred-foot or more setback from the property line. Wind turbines designed to produce 100kW or less may also be located on rooftops.

These permitted uses shall require a zoning compliance permit pursuant to section 4.9 of this appendix and, as is provided for OI-3 and OI-4 districts in Table 3.7-1 (Use Matrix), shall not require a special use permit based on the floor area of the proposed development.

(2)

Uses subject to a special use permit outside the boundary area of a development agreement. Uses that may be approved as special uses within this zoning district outside the boundary or terms of a town council-approved development agreement (including proposed uses for property formerly covered by a development agreement that has expired or been terminated) are limited to those uses allowed within the OI-4 district as permitted uses, special uses, or accessory uses as set forth in Table 3.7-1 (Use Matrix). These special uses shall be subject to the dimensional requirements for the OI-4 district as set forth in Table 3-8.1 (Dimensional Matrix) and the perimeter transition area requirements applicable in the OI-4 district.

(h)

Existing conditions within a U-1 zoning district. Existing uses, structures, and conditions within a U-1 zoning district as of the effective day property is placed in this district may be continued as specified by this section. All existing uses of land that do not involve the use of a building can be continued as they exist as of the effective date the property is zoned U-1 and can be changed to any use permitted by subsection 3.5.5(f)(1). Any existing building within the U-1 district can be used for the use in effect as of the effective date property is zoned U-1 and can be changed to any use permitted pursuant to a development agreement as authorized by subsection 3.5.5(f)(1). Any existing building being used for a use permitted by this appendix or by an applicable development agreement may be expanded to the extent that the town manager finds that the expansion is exempt from the transportation impact analysis requirements of subsection 5.8(g) of this appendix. Any new construction, development, or site improvements associated with continuation of existing conditions shall be consistent with the terms of all applicable development agreements in effect within the district.

(i)

Development standards. Development in the U-1 zoning district shall be designed to provide a mix of uses within all major phases of the development that are integrated, interrelated and linked by pedestrian ways, bikeways, and/or other transportation systems. Development agreements shall, to the extent practical and consistent with applicable laws and regulations, include measures to encourage reduction of automobile use and promote alternative modes of transportation; to provide sustainable building design and land uses; to mitigate adverse environmental impacts; to promote conservation of non-renewable energy resources; to exceed minimally accepted practices; and to achieve visual continuity in the siting and scale of buildings.

Specifically, a development agreement in this district shall at a minimum address the following:

Plan consistency. The proposed development shall be generally consistent with the long range development plan for the district submitted by the owner. The development shall be generally consistent with the adopted comprehensive plan for the town.

Transportation. Proposed development shall be accompanied by reasonable measures to mitigate transportation impacts that are caused by the development. Proposed development shall address parking, transit, traffic, road, greenway, bikeway, and pedestrian access.

Fiscal impact. Proposed development shall be accompanied by reasonable measures to mitigate any adverse fiscal impacts for the town; provided that, pursuant to GS160A-400.20(b), the town may not impose any tax or fee not authorized by otherwise applicable law.

Housing. Proposed development shall be accompanied at appropriate times by on-site housing to mitigate the impacts that are caused by the development. Such housing shall address student and/or workforce housing needs. A range of housing availability and price levels shall be shall be provided within each major phase and area of the proposed development.

Noise and lighting. Noise and lighting levels from proposed development shall not exceed those allowed by town ordinances or the provisions of the development agreement, whichever are more stringent.

Environment. Proposed development shall seek to minimize impacts on natural site features and shall be accompanied by reasonable measures to mitigate those impacts. Proposed development shall address preservation of open land and natural areas, management of stormwater quality and quantity, energy generation and use, preservation of solar access, solar orientation of buildings, air quality, sustainable water and wastewater management, protection of stream buffers, soil erosion and sedimentation control, landscape and vegetation protection.

Public utilities and services. Proposed development shall assure that there are adequate public utilities and services and shall be accompanied by reasonable measures to assure the availability of such services concurrent with the creation of the need for the services. There shall be a general demonstration that police, fire, emergency, water, sewer, school, recreation, and other necessary utilities and public services will be available to accommodate the proposed development.

The development agreement shall provide for regular monitoring, reporting, and evaluation of the effectiveness of the development standards.

(j)

Amendments and modifications to development agreements. A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.

Either party may propose a major amendment or minor modification to any town council-approved development agreement. Upon receipt of a proposed adjustment, the town manager shall consider the following criteria in making the determination as to whether a proposed adjustment is a major amendment or a minor modification to a development agreement:

A substantial change in the boundaries of the development agreement shall constitute a major amendment. Any single proposed increase or decrease in the area of land subject to the development agreement approved by the town council of more than five (5) percent shall be considered substantial. A cumulative increase of fifteen (15) percent or more in the land area subject to the development agreement shall be considered substantial.

A substantial change in the floor area or number of parking spaces shall constitute a major amendment. Any single proposed increase or decrease in new floor area or number of parking spaces of more than a five (5) percent in a development agreement approved by the town council shall be considered substantial. A cumulative increase of fifteen (15) percent or more in the floor area or number of parking spaces subject to the development agreement shall be considered substantial. Provided, under no circumstances shall a change in floor area of less than one thousand (1,000) square feet or fewer than ten (10) parking spaces be deemed either a major amendment or minor modification and such changes shall be reported by the applicant to the town manager.

Changes that would substantially affect pedestrian, bicycle, or vehicular access or circulation beyond the boundaries of the development agreement shall constitute a major amendment.

Substantial change in the amount or location of open space within the boundaries of a development agreement shall constitute a major amendment. Any single change that increases or decreases the amount of open space by more than five (5) percent shall be considered substantial. A cumulative increase or decrease in the amount of open space by fifteen (15) percent or more or a substantial change in the location of designated open space shall be considered substantial.

Notwithstanding the above, some proposed changes to a town-council approved development agreement that do not meet the threshold to constitute a major amendment may in the judgment of the town manager, because of size, perimeter location or transportation impacts, merit public review. In the event the manager makes such a determination he may submit the proposed minor modification at a town council meeting to allow an opportunity for council review and citizen comment. Unless the other party to the development agreement agrees otherwise, such a review shall not extend the time period allowed for a decision by the manager on the minor modification or convert the change from a minor modification into a major amendment.

All proposed adjustments to a town council-approved development agreement shall be publicly posted in such a manner that citizens of Chapel Hill will have the opportunity to express any concerns to the town council and/or the town manager. The town manager shall determine whether a proposed adjustment to a town council-approved development agreement is a major amendment or a minor modification within fifteen (15) working days of receipt of a proposed adjustment and shall promptly notify the town council and applicant of that determination. If the proposed action is determined to be a major amendment, the town manager shall require the filing of an application for approval of the amendment, following procedures outlined in subsection 3.5.5(k) of this appendix.

In the event state or federal law is changed after a development agreement has been entered into and the change prevents or precludes compliance with one or more provisions of the development agreement, the town council may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the development agreement. In so doing, the procedures set forth for original approval of the development agreement shall be followed.

Except for grounds specified in G.S. 160A-385.1(e), the town shall not apply subsequently adopted ordinances or development policies to the development that is subject to the approved development agreement.

(k)

Procedure for review of development agreements, amendments, and modifications.

(1)

Application submittal requirements. Applications for approval of a development agreement, a major amendment to a previously approved development agreement, and a minor modification to a previously approved development agreement within a U-1 zoning district shall be submitted to the town manager. The town manager shall prescribe the form(s) of applications as well as any other material as the town manager may reasonably require to determine compliance with this section.

(2)

Process for review.

Informal consultation. Prior to submission of a proposed development agreement or a major amendment to a previously approved development agreement within this district, the applicant shall consult with the town manager and town council regarding the proposed development. The applicant is encouraged to engage in active discussion and collaboration with the town staff, town council, town advisory boards, neighbors, and the community in the preparation of a proposed development agreement or amendment and plans for development.

Draft agreement. A draft development agreement and long-range development plan for the activity to be addressed in the development agreement shall be submitted to the town manager prior to the submission of a formal development agreement. The manager and applicant shall present the draft agreement to the planning board, such other advisory boards as deemed appropriate by the town council, and the town council for review and comment. The manager and applicant shall also present the draft agreement in informal public information sessions for public review and comment. A formal application for approval of a development agreement may be submitted upon completion of the review, comment, and revision of the draft development agreement.

Initial development agreement. Applications for approval of an initial development agreement within this zone shall be processed concurrently with the petition for rezoning to the U-1 district. The public hearing on the initial development agreement shall be noticed and held concurrently with the hearing on the proposed rezoning. Notice of the public hearing before the town council on the proposed development agreement shall follow the same notice requirements as are applicable for hearings on proposed zoning atlas amendments. The public notice shall include the location of the property covered by the proposed development agreement, the development uses proposed on the property, and the place a copy of the proposed development agreement may be obtained or reviewed. The town council's public hearing on the proposed development agreement shall be open to the public and all interested persons shall be given the opportunity to present comments. The town council shall take action on an application for an initial development agreement within this zone concurrently with action on the application for rezoning to this district. The initial development agreement may be applicable to all or part of the land within the district, provided the initial development agreement must be applicable to no less than twenty-five (25) developable acres.

Subsequent development agreements and major amendments. Subsequent new development agreements within this zoning district and major amendments of a previously approved development agreement shall be considered using the following process:

Upon receipt of an application for approval, the town manager shall review the proposal for completeness. The town manager shall determine within fifteen (15) working days whether the application is complete and shall promptly notify the town council and applicant of that determination. If the application is determined to be incomplete, a notice of the deficiencies in the mandatory items to be included in a proposed agreement or major amendment shall be provided to the applicant with the notice of the town manager's determination. If the application is determined to be complete, the town manager shall notify the applicant of that determination and shall prepare a report on the proposed agreement or major amendment.

The town manager shall submit a complete proposed agreement or major amendment and the town manager's report to the planning board for review and comment. The planning board shall review the application and the town manager's report and shall submit to the town council a written recommendation regarding the proposed agreement or amendment. The planning board shall submit its recommendation within thirty-five (35) calendar days of the meeting at which the town manager's report is submitted to it or within such further time consented to in writing by the applicant or by town council resolution. If the planning board fails to prepare its recommendation to the town council within this time limit, or extensions thereof, the town council may consider the proposed agreement without a comment or recommendation from the planning board.

The town council shall hold a public hearing on a proposed subsequent development agreement or major amendment to a previously approved development agreement. Notice of the date, time, and place of the public hearing before the town council shall follow the same published, mailed, and posted notice requirements as are applicable for hearings on proposed zoning atlas amendments. The public notice shall include the location of the property covered by the proposed development agreement, the development uses proposed on the property, and the place a copy of the proposed development agreement may be obtained or reviewed. The town council's public hearing on the proposed agreement or major amendment shall be open to the public and all interested persons shall be given the opportunity to present comments.

The town council shall issue a decision on a proposed subsequent development agreement or major amendment to a previously approved development agreement within one hundred twenty (120) calendar days of the date of the town manager's determination that a complete application was submitted or such further time as mutually agreed to by the applicant and the town.

Minor modifications to a previously approved development agreement may be approved by the town manager as long as such changes continue to be in substantial compliance with the approving action of the town council and all other applicable requirements and result in a configuration of buildings/development that is generally consistent with the town council-approved development agreement. The town manager shall not have the authority to approve changes that constitute a major amendment of a town council-development agreement.

The time periods referenced in this subsection shall not run during any period in which the applications for subsequent development agreements or major amendment to a previously approved development agreement have been returned to the applicant for substantial modification or analysis. The time periods set forth in this subsection may also be modified by mutual consent of the applicant and the town council.

(l)

Actions after decision on a development agreement.

(1)

Recording approval. If the application for approval of a development agreement or major amendment is approved or approved with conditions, the town manager shall execute the development agreement or amendment in accord with the action of the town council. The applicant shall then execute the development agreement or amendment and record the development agreement or amendment in the office of the applicable county register of deeds within fourteen (14) days after the town enters into the development agreement. The burdens of the development agreement are binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.

(2)

Individual site development permits. After an executed development agreement is recorded, the town manager may then accept applications for individual site development permits for specific buildings that the applicant proposes to build within the physical boundaries covered by the agreement. No construction work on any such building identified in the agreement may begin until a site development permit has been issued. The town manager shall prescribe the form(s) of applications as well as any other material the town manager may reasonably require to determine compliance with the agreement. The town manager shall approve or deny of the individual site development permit application within fifteen (15) working days of the manager's determination that the individual site development plan application is complete. The town manager shall approve the application upon finding it is substantially consistent with and does not violate any term of the agreement and shall deny approval upon finding the application is not substantially consistent with or violates a term of the agreement. If the application is denied, the town manager shall specify the grounds for finding that it is inconsistent or in violation and refer the applicant to the special use permit process described in section 4.5 of this appendix. Alternatively, the applicant may modify the site development permit application or apply for a major amendment to the development agreement. Provided, under no circumstances shall a change in floor area of less than one thousand (1,000) square feet or fewer than ten (10) parking spaces be deemed either a minor modification or major amendment of the development agreement nor require approval or modification of an individual site development permit; such changes shall be reported by the applicant to the town manager.

(3)

Expiration, abandonment, revocation of development agreement. The term of the development agreement shall be set forth in the agreement and shall not exceed a term of twenty (20) years. The development agreement shall also contain specific provisions relative to default or termination of the agreement.

(4)

Periodic review and amendment of the development agreement. The town manager shall at least every twelve (12) months conduct a review of the development agreement at which time the applicant or its successors in interest must demonstrate good faith compliance with the terms of the development agreement. The town manager shall promptly report the results of this review to the town council. If, as a result of this periodic review, the town council finds and determines that the applicant or its successors in interest has committed a material breach of the terms or conditions of the agreement, the town manager shall serve notice in writing, within a reasonable time not to exceed thirty (30) working days after the periodic review, upon the applicant or its successors in interest setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and providing the applicant or their successors in interest a reasonable time in which to cure the material breach. If the applicant or its successors in interest fail to cure the material breach within the time given, then the town council unilaterally may terminate or modify the development agreement pursuant to G.S. 160A-400.27(c); provided, the notice of termination or modification may be appealed to the board of adjustment in the manner provided by G.S. 160A-388(b). Thereafter the applicant or its successors in interest may pursue any other rights and remedies available at law or in equity. If the town council elects to unilaterally modify the agreement, the applicant or its successors in interest may elect for the development agreement to be terminated rather than accede to the development agreement with the modifications unilaterally made by the town council.

(Ord. No. 2009-06-22/O-13, § 1)

3.6 - Overlay Districts.

Purpose statement: It is the intent of this section to provide for an airport hazard district, historic districts, neighborhood conservation districts, resource conservation district, and watershed protection district, which shall overlay the zoning districts enumerated in sections 3.3 through 3.5 above, and which shall provide for special review of development within such overlay districts in accord with the intents, procedures, and standards established for the districts in this article.

3.6.1 Airport Hazard District.

(a)

Intent.

The airport hazard district is intended to be applied to the approaches to runways of airports or landing fields within the town's planning jurisdiction in order to minimize danger to lives and property of users of the airport and of occupants in its vicinity.

(b)

Establishment of airport hazard district.

The airport hazard (AH) district is hereby established. The boundaries of the airport hazard district are as shown on the official zoning atlas.

(c)

Modified dimensional regulations.

Irrespective of the density or intensity regulations generally applicable to the underlying zoning district, the development of any land or structure within the airport hazard district shall comply with the following modified gross land area requirement and dimensional regulations for all uses within the district:

(1)

Minimum gross land area: Five hundred thousand (500,000) square feet.

(2)

Maximum floor area ratio: 0.018.

Application of these regulations shall be as established in section 3.8 of this appendix.

3.6.2 Historic Districts.

Purpose statement: The historic district is intended to protect and conserve the heritage and character of the Chapel Hill community by providing for the preservation of designated areas within the planning jurisdiction, including individual properties therein that embody important elements of social, economic, political, or architectural history, and by promoting the stabilization and enhancement of property values throughout such areas. The purpose of requiring regulation of placement and design of telecommunications equipment in this district is to help achieve these objectives and to protect the special character of the historic district.

It is intended that these regulations ensure, insofar as possible, that buildings or structures in the historic district shall be in harmony with other buildings or structures located therein. However, it is not the intention of these regulations to require the reconstruction or restoration of individual or original buildings, or to prohibit the demolition or removal of such buildings, or to impose architectural styles from particular historic periods, but rather to encourage design, whether contemporary or traditional, which is harmonious with the character of the historic district.

(a)

Establishment of historic district

(1)

The historic district is hereby established as a district which overlays other zoning districts established in sections 3.3—3.5. The boundaries of the historic district are as shown on the official zoning atlas.

(2)

No new historic district or any change to the boundaries of any existing historic district shall be designated until the North Carolina Department of Cultural Resources, or its successor agency, shall have been given an opportunity, in accord with Chapter 160A, Article 19, Part 3C of the N.C. General Statutes, or its successor statutes, to make recommendations with respect to the establishment of such new district or change in the boundaries of an existing district.

(3)

The use and development of any land or structure within the historic district shall comply with use regulations and intensity regulations applicable to the use district in which it is located.

(b)

Certificate of appropriateness required.

(1)

No exterior portion of any building or other structure (including masonry walls, fences, light fixtures, steps and pavement, or other appurtenant features), or any aboveground utility structure, or any type of outdoor advertising sign shall be erected, altered, restored, moved, or demolished within the historic district until an application for a certificate of appropriateness as to exterior architectural features has been approved. For purposes of this article, "exterior architectural features" shall include the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the kind and texture of the building material, the size and scale of the building, and the type and style of all windows, doors, light fixtures, signs, and other appurtenant fixtures. In the case of outdoor advertising signs, "exterior architectural features" shall be construed to mean the style, material, size, and location of all such signs.

(2)

A certificate of appropriateness shall be issued prior to the issuance of a zoning compliance permit or any other permit granted for purposes of constructing, altering, or demolishing buildings or structures. A certificate of appropriateness shall be required whether or not a zoning compliance permit is required. Any zoning compliance permit or other permit not issued in conformity with this section shall be invalid.

(3)

The town and all public utility companies shall be required to obtain a certificate of appropriateness prior to initiating any changes in the character of street paving, sidewalks, utility installations, lighting, walls, fences, structures, and buildings on property owned or franchised by the Town of Chapel Hill or public utility companies, excluding regulatory signs, other traffic control measures and devices, and utility distribution systems located in public right-of-way.

(4)

A certificate of appropriateness application may be reviewed and approved by the town manager according to specific review criteria contained in state law and guidelines approved by the commission when the application is determined to involve minor work. Minor works are defined as those exterior changes that do not involve any substantial alterations, and do not involve additions or removals that could impair the integrity of the property and/or the district as a whole. Such minor works shall be limited to those listed in the Commission's Rules of Procedure, or a successor document. No application involving a minor work may be denied without the formal action of the commission. Ordinance requirements for notification of affected property owners must be met for all applications.

(c)

Certain changes not prohibited.

(1)

Nothing in this article shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in the historic district that does not involve a change in design, material, or outer appearance thereof, or to prevent the construction, reconstruction, alteration, restoration, moving, or demolition of any such feature that the building inspector or similar official shall certify is required by the public safety because of unsafe or dangerous condition.

(2)

On the basis of preliminary sketches or drawings and other supporting data, the town manager may exempt from requirements for a certificate of appropriateness projects involving the ordinary maintenance or repair of any exterior architectural feature that does not involve a change in design, material, or outer appearance thereof. The town manager shall notify the commission of all such exemptions.

(d)

Procedures for approval of certificates of appropriateness.

(1)

Application submittal requirements.

Applications for certificates of appropriateness shall be filed with the town manager.

The town manager shall prescribe the form(s) on which applications are made, as well as any other material which may reasonably be required to determine the nature of the application.

The commission may specify criteria for situations in which the town manager may waive any of the application material requirements.

No application shall be accepted by the town manager unless it complies with such requirements. Applications which are not complete shall be returned forthwith to the applicant, with a notation of the deficiencies in the application.

(2)

Notification of affected property owners. Prior to approval or denial of an application for a certificate of appropriateness by the historic district commission, the commission shall take such action as may reasonably be required to inform the owners of any property likely to be materially affected by the application, and shall give the applicant and such owners an opportunity to be heard.

(3)

Public hearing. In cases where the commission deems it necessary, it may hold a public hearing concerning the application.

(4)

Action on the application. Within one hundred eighty (180) days of the acceptance of an application, or within such further time consented to by written notice from the applicant, the town manager or the commission shall approve the application, approve the application with conditions, or deny the application. Such action shall be based upon the review criteria established in section 3.6.2 of this article. Failure to take final action on an application within the prescribed time limit, or extensions thereof, shall result in approval of the application as submitted. The town manager or the commission may impose such reasonable conditions on the approval of an application as will ensure that the spirit and intent of this article are achieved. An application for a certificate of appropriateness authorizing the demolition of a building or structure within the historic district may not be denied. However, the effective date of such a certificate may be delayed for up to three hundred sixty-five (365) days from the date of approval. The maximum period of delay authorized by this section shall be reduced by the commission where it finds that the owner would suffer extreme hardship or be permanently deprived of all beneficial use of or return from such property by virtue of the delay. During such period the commission may negotiate with the owner and with any other parties in an effort to find a means of preserving the building. If the commission finds that the building has no particular significance or value toward maintaining the character of the historic district, it shall waive all or part of such period and authorize earlier demolition or removal. In every case, the record of the commission's action shall include the reasons for its action. (Ord. No. 2004-02-23/O-2)

(5)

Actions subsequent to decision. The town manager shall notify the applicant of a decision in writing, and shall file a copy of it with the town's planning department. If the application is denied, the notice shall include the reasons for such action.

(6)

Appeal of decision. A decision by the commission on an application for a certificate of appropriateness may be appealed to the board of adjustment in accordance with the provisions of section 4.10. (Ord. No. 2004-02-23/O-2)

(7)

Submittal of new application. If the commission denies an application for a certificate of appropriateness, a new application affecting the same property may be submitted only if substantive change is made in plans for the proposed construction, reconstruction, alteration, restoration, or moving.

(e)

Review criteria.

(1)

In considering an application for a certificate of appropriateness, the review shall take into account the historical and/or architectural significance of the structure under consideration and the exterior form and appearance of any proposed additions or modifications to that structure.

(2)

The review shall not consider interior arrangement or use.

(3)

The commission, using the criteria below, shall make findings of fact indicating the extent to which the application is or is not congruous with the historic aspects of the historic district.

(4)

The following criteria shall be considered, when relevant, by the commission in reviewing applications for a certificate of appropriateness:

The height of the building in relation to the average height of the nearest adjacent and opposite buildings.

The setback and placement on lot of the building in relation to the average setback and placement of the nearest adjacent and opposite buildings.

Exterior construction materials, including texture and pattern.

Architectural detailing, such as lintels, cornices, brick bond, and foundation materials.

Roof shapes, forms, and materials.

Proportion, shape, positioning and location, pattern, and size of any elements of fenestration.

General form and proportions of buildings and structures.

Appurtenant fixtures and other features such as lighting.

Structural conditions and soundness.

Architectural scale.

(f)

Prevention of demolition by neglect.

(1)

The purpose of this article is to protect Chapel Hill's historic architectural resources by intervening when a significant resource is undergoing demolition by neglect.

Demolition by neglect is defined as a situation in which a property owner, or others having legal possession, custody or control of a property, allow the condition of property located in a historic district to suffer such deterioration, potentially beyond the point of repair, as to threaten the structural integrity of the structure or its relevant architectural detail to a degree that the structure and its character may potentially be lost to current and future generations.

(2)

Control of demolition by neglect of structures within designated historic districts.

In order to promote the purposes of historic preservation, this subsection requires that owners of historic properties maintain their properties and not allow them to fall into disrepair. The requirements of this subsection are applicable only to properties in the historic districts of Chapel Hill.

Conditions of neglect defined and prohibited.

Owners or others having legal possession, custody or control of a property in historic districts shall maintain or cause to be maintained the exterior and structural features of their properties and not allow conditions of neglect to occur on such properties. It is a violation of the town's land use management ordinance to not remedy a condition of neglect within the period of time set by a final administrative determination, as described in subsection (C), below.

Conditions of neglect include, but are not limited to, the following:

Deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing, or buckling.

Deterioration of flooring or floor supports, roofs, or other horizontal members that causes leaning, sagging, splitting, listing, or buckling.

Deterioration of external chimneys that causes leaning, sagging, splitting, listing, or buckling.

Deterioration or crumbling of exterior plasters or mortars.

Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors.

Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering.

Rotting, holes, and other forms of decay.

Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination, instability, loss of shape and form, or crumbling.

Deterioration that has a detrimental effect on the surrounding historic district.

10.

Deterioration that contributes to a hazardous or unsafe condition.

11.

Deterioration of fences, gates, and accessory structures.

Procedure for enforcement. Enforcement of these provisions shall be undertaken as described in section 4.13 of the Land Use Management Ordinance ("Violations and Penalties"), with the following additional components:

Upon receipt of a complaint or upon observation, if the town manager makes a preliminary determination that a property in a historic district is being neglected, as defined in subsection 3.6.2(f)(2)B, the manager shall inform the property owner of the preliminary determination and notify the historic district commission of the preliminary determination. The town manager will seek remedial action by the property owner.

If remedial action has not commenced within thirty (30) days of initial notification, the town manager, after consultation with the historic district commission, shall make a finding of violation of the land use management ordinance. Procedures outlined in section 4.12 shall be followed, including notification of right to and process for appeal as described in section 4.12

(3)

Safeguards for undue economic hardship. Upon notification from the town manager of required remedial action, the property owner may by written request claim undue economic hardship.

If a claim of undue economic hardship is made owing to the effects of this article, the town manager shall notify the historic district commission within five (5) business days following the receipt of the written request for a determination of undue hardship. The commission shall at its next regular meeting, schedule a hearing on the request within the limitations of its procedures for application deadlines.

The petitioner shall present the information provided under subsection (A) below to the commission at or prior to the hearing. The commission may require that an owner and/or parties in interest furnish such additional information as the commission may reasonably conclude is relevant to its determination of undue economic hardship, and may, in its sole discretion, hold the hearing open and allow the owner or party in interest a reasonable period of time (to be established by the commission) to furnish the requested additional information. The commission may request the staff to furnish additional information, as the commission believes is relevant. The commission shall also state which form of financial proof it deems relevant and necessary to a particular case.

In the event that any of the required information is not reasonably available to the owner and/or parties in interest and cannot be obtained by the owner, the owner shall describe the reason why such information cannot be obtained.

When a claim of undue economic hardship is made owning to the effects of this article, the owner and/or parties in interest must provide evidence during the hearing upon the claim, describing the circumstances of hardship. The minimum evidence shall include for all property:

Nature of ownership (individual, business, or nonprofit) or legal possession, custody, and control.

Financial resources of the owner and/or parties in interest.

Cost of repairs.

Assessed value of the land and improvements.

Real estate taxes for the previous two (2) years.

Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship between the owner and the person from whom the property was purchased, or other means of acquisition of title, such as by gift or inheritance.

Annual debt service, if any, for previous two (2) years received.

Any listing of the property for sale or rent, price asked, and offers received, if any.

In addition, for income-producing property:

Annual gross income from the property for the previous two (2) years.

10.

Itemized operating and maintenance expenses for the previous two (2) years.

11.

Annual cash flow, if any, for the previous two (2) years.

Within sixty (60) days of the commission's hearing on the claim, the commission shall make a determination of undue or no undue economic hardship and shall enter the reasons for such finding into the record. In the event of a finding of no undue economic hardship, the commission shall report such finding to the town manager, and the town manager shall cause to be issued an order for such property to be repaired within the time specified.

In the event of a finding of undue economic hardship, the finding shall be accompanied by a recommended plan to relieve the economic hardship. This plan may include, but is not limited to, property tax relief as may be allowed under North Carolina law, loans or grants from the town, the county, or other public, private, or nonprofit sources, acquisition by purchase or eminent domain, building code modifications, changes in applicable zoning regulations, or relaxation of the provisions of this article sufficient to mitigate the undue economic hardship. The commission shall report such finding and plan to the town manager. The town manager shall cause to be issued an order for such property to be repaired within the time specified, and according to the provisions of the recommended plan.

(4)

Appeals. Decisions under this section made by the historic district commission may be appealed to the board of adjustment on the record in accordance with the procedures described in section 4.10

(5)

Stay of proceedings. Issuance of an approved certificate of appropriateness for improvements, accompanied by actions to bring the property into compliance with this section, will stay an enforcement proceeding seeking compliance with this section for said property.

(6)

Other town powers. Nothing contained within this article shall diminish the town's power to declare an unsafe building or a violation of the minimum housing code.

3.6.3 Resource Conservation District.

The resource conservation district (herein sometimes RCD) is intended to be applied to the areas within and along watercourses within the town's planning jurisdiction in order to preserve the water quality of the town's actual or potential water supply sources, to minimize danger to lives and properties from flooding in and near the watercourses to preserve the water-carrying capacity of the watercourses, and to protect them from erosion and sedimentation, to retain open spaces and greenways and to protect their environmentally-sensitive character, to preserve urban wildlife and plant life habitats from the intrusions of urbanization, to provide air and noise buffers to ameliorate the effects of development, and to preserve and maintain the aesthetic qualities and appearance of the town.

(a)

Definitions and rules of interpretation.

In the interpretation and application of this Article, all provisions shall be: (a) considered as minimum requirements, (b) strictly construed in favor of the public interest and community benefit, and (c) deemed neither to limit nor repeal any other powers provided by town ordinance or state statute. The following terms and phrases, among others, shall have specific meanings for purposes of this section, and are defined in Appendix A:

Ditch or canal

Ephemeral stream

Intermittent stream

Land disturbance

Modified natural stream

Obligate and facultative wetland vegetation

Perennial stream

Perennial water body

Riparian buffer

Stream

Stream bank

Stream corridor

Streams subject to the provisions of this article and subsection 3.6.4 include those shown on the town's Geographic Information System (GIS) coverage, the most recent version of the U.S. Geological Survey 1:24,000 scale (7.5 minute) topographic map, or the soils map in the U.S. Department of Agriculture Orange County Soil Survey and shall be subject to field verification by the Town of Chapel Hill Engineering Department. The most current versions of the following documents shall be used to classify streams within the Planning Jurisdiction of the Town of Chapel Hill: (1) North Carolina Division of Water Quality "Stream Classification Form and Internal Guidance Manual" and (2) Town of Chapel Hill "Field Procedures for Classification of Streams".

(Ord. No. 2003-11-10/O-3, § 2)

(b)

Establishment of resource conservation district.

The resource conservation district (RCD) is hereby established as a district that overlays other zoning districts established in article 3. The resource conservation district shall consist of:

(1)

Land within stream corridors as established in section 3.6.3(c), and

(2)

Land with vertical elevation at or below the resource conservation district elevation as established in section 3.6.3(d).

The resource conservation district does not apply to areas exempt from this section as further described in subsection section 3.6.3(i), below.

(c)

Resource conservation district stream corridors.

The corridors in Table 3.6.3-1 are hereby established as part of the resource conservation district. These distances shall be measured as the horizontal, linear distance from the stream bank. There shall be three zones to stream corridors, with dimensions as shown in Table 3.6.3-1.

Table 3.6.3-1: Definition of Stream Corridor Zones

Type of stream or water body	Corridor zone
	Stream side	Managed use	Upland
Perennial stream	50 feet from stream bank	50 feet from stream side zone	50 feet from managed use zone*
Intermittent stream	50 feet from stream bank	None required	None required
Perennial water body	50 feet from stream bank	None required	None required

For purposes of Table 3.6.3-1, an asterisk (*) means "Or out to the point of resource conservation district elevation, whichever is greater."

The presence of an ephemeral stream as defined in Appendix A does not place the underlying and nearby land within the resource conservation district. Restrictions associated with ephemeral streams are contained in section 5.4.

For single-family or two-family development on lots that were lawfully established prior to January 27, 2003 (or those lots identified on a preliminary plat approved by the town council prior to January 27, 2003), the resource conservation district stream corridor boundary shall be that as prescribed by the Chapel Hill Development Ordinance in effect prior the enactment of this Land Use Management Ordinance on January 27, 2003.

With respect to continuation or expansion of development existing as of January 27, 2003, the resource conservation district stream corridor boundary shall be that as prescribed by the Chapel Hill Development Ordinance in effect prior the enactment of this Land Use Management Ordinance on January 27, 2003. For new development other than single-family or two-family on an existing lot (created before January 27, 2003), the resource conservation district boundary shall be determined as described in this section.

A graphic illustration of Stream Corridor Zones follows:

App. A Section 3-6-3

(d)

Resource Conservation District Elevation

A resource conservation district elevation is hereby established and defined to be the elevation three feet above the 100-year floodplain elevation. The 100-year floodplain elevation shall be established as:

(1)

The regulatory floodplain as delineated in the latest revision of the flood insurance rate maps, flood boundary floodway maps, and Flood Insurance Study for the Town of Chapel Hill, North Carolina, Orange, Durham, and Chatham Counties, as designated by the associate director of the Federal Emergency Management Agency; or

(2)

For flood areas shown on the flood insurance rate maps, flood boundary floodway maps, and Flood Insurance Study for The Town of Chapel Hill, North Carolina, Orange, Durham, and Chatham Counties as designated by the associate director of the Federal Emergency management Agency, but where the base flood elevations and flood hazard factors have not been determined, the 100-year floodplain plan elevation shall be calculated using engineering methodology compatible (as determined by the town manager) with that used to develop the flood insurance rate maps, flood boundary, floodway maps, and flood insurance study; or

(3)

For development proposals near perennial streams in unmapped areas that involve more than five (5) acres or more than fifty (50) lots, the 100-year floodplain elevation shall be calculated using engineering methodology compatible (as determined by the town manager) with that used to develop the flood insurance rate maps, flood boundary, floodway maps, and flood insurance study.

(e)

Permitted uses and activities in resource conservation district .

(1)

Provided they are permitted within the general use district, and subject to the provisions of subsections (f), (g), and (h) of this section, the uses permitted in column (A) of Table 3.6.3-2 shall be permitted uses within the resource conservation district. Such uses shall be restricted to the corridor zones indicated in columns (B), (C), and/or (D) of Table 3.6.3-2.

(2)

No land disturbance, other than for a use or activity expressly permitted in subsection (1) above, is permitted within the resource conservation district unless a variance is approved pursuant to subsection (j), below.

Table 3.6.3-2: Permitted Uses within Resource Conservation District

(A)	(B)	(C)	(D)
Use	Stream Side Zone	Managed Use Zone	Upland Zone
Trails, greenways, open space, parks, and other similar public recreational uses and private recreational uses (consistent with Section 5.5.2(b) of this ordinance) that do not require the use of fertilizers, pesticides, or extensive use of fences, or walls	P	P	P
Outdoor horticulture, forestry, wildlife sanctuary, and other similar agricultural and related uses not enumerated elsewhere in this Table that do not require land-disturbing activities or use of pesticides, or extensive use fences or walls	P	P	P
Pastures or plant nurseries that do not require land-disturbing activities or use of pesticides, or extensive use fences or walls	N	P	P
Gardens, play areas and other similar uses which do not require the use of pesticides for routine maintenance	N	P	P
Lawns, golf course fairways, play fields and other areas which may require the use of fertilizers or pesticides	N	N	P
Archery ranges, picnic structures, playground equipment and other similar public and private recreational uses that do not require the use of fertilizers, pesticides, or extensive use fences or walls	N	P	P
Public utility and storm drainage facilities where there is a practical necessity to their location within the Resource Conservation District	P	P	P
Streets, bridges, and other similar transportation facilities where there is a practical necessity to their location within the Resource Conservation District	S	S	S
Sidewalks	P	P	P
Accessory land-disturbing activities ordinarily associated with a single-family or two-family dwelling, such as fences, gardens, and similar uses	N	P	P
Driveways and utility service lines when there is a practical necessity	P	P	P
Public maintenance of streets, bridges, other similar transportation facilities and/or public utility and storm drainage facilities	P	P	P
Detention/retention basin and associated infrastructure	N	P	P
Lakes, ponds, and associated infrastructure, such as dams, spillways, riser pipes and stilling basins, that are located outside of the regulatory floodplain, shall be permitted with a Special Use Permit pursuant to Section 4.5 of this Chapter and only if a demonstrated public purpose is served	S	S	S
Stream and riparian area restoration and maintenance	P	P	P

"P" means the activity is permitted as of right, "N" means that the activity is prohibited; "S" means that the activity is permitted only upon approval of a special use permit or a subdivision application by the town council; "V" means that the activity is permitted only with a variance granted by the board of adjustment.

(Ord. No. 2004-02-23/O-2)

(f)

Dimensional regulations.

(1)

In lieu of the dimensional regulations generally applicable to the General Use District, the following standards shall apply to the Resource Conservation District, for all uses except public greenways and necessary public utilities:

Table 3.6.3-3: Dimensional Regulations in RCD

(A)	(B)	(C)	(D)
Dimensional requirement	Stream side zone	Managed use zone	Upland zone
Floor area ratio	.01	.019	Same as underlying zoning district
Impervious surface ratio (unsewered areas)	.06	.12	.12
Impervious surface ratio (sewered areas)	.10	.20	.20
Disturbed area ratio	.20	.40	.40

Application of these regulations shall be established in Section 3.6.3(h), below.

(g)

Standards for development in resource conservation district.

The following standards and criteria shall apply to any portion of a development or, as appropriate, to any land disturbance, within the resource conservation district:

(1)

The lowest floor elevation of all permanent structures shall be placed at least eighteen (18) inches above the resource conservation district elevation and in such a manner as not to adversely impede the flow of waters. (This clause refers to floors of buildings. It does not refer to bridges or roads.)

(2)

Wherever practicable no stormwater discharge shall be allowed directly off an impervious surface into a stream channel.

(3)

Safe and convenient access, such as streets and driveways shall be provided to any development at or above the resource conservation district elevation unless otherwise authorized by the town manager. Utility lines, roads and driveways shall be located, as much as practicable, parallel to the flow of waters. Where a road, driveway, or utility line necessarily must cross a watercourse, such crossing shall be located and designed so as to allow convenient access by wildlife through and beyond such crossing, and shall be designed to safely convey floodwaters to the same extent as before construction of said crossings.

Streets and bridges shall be spaced at an average interval of at least four hundred (400) feet within the proposed development, and not closer than two hundred (200) feet from streets on contiguous property. This distance shall be measured from the edge of the paved surface.

Shared driveways shall be permitted and encouraged within the managed use and upland areas of the RCD in order to minimize impervious surface coverages.

(4)

The site plan shall be designed to minimize adverse environmental and flooding effects on the resource conservation district and to achieve the purposes of this chapter. Permanent structures shall be located, to the maximum extent feasible, as far from the watercourse, and as close to the outer boundary of the resource conservation district, as is practical. Permanent structures shall be clustered as much as practical, to minimize land disturbance, to maximize undeveloped open space, and to maximize retention of natural vegetation and buffers. Integrated management practices, as described in section 5.4, shall accompany all development within the resource conservation district.

(5)

Water supply, sanitary sewer, and on-site waste disposal systems shall be designed to:

Prevent the infiltration of flood waters into the system(s),

Prevent discharges from the system(s) into flood waters and,

Avoid impairment during flooding to minimize flood damage. Finished floor elevations to be served by sanitary sewer shall be at or above the rim elevation of the nearest upstream manhole cover or be otherwise approved by the town manager. Sanitary sewer manholes must be provided with locking, watertight manhole covers, or be elevated to a height sufficient to prevent submersion or infiltration by floodwaters. All sewer and sewer outfall lines shall use gravity flow to a point outside the resource conservation district or be otherwise approved by the town manager and the orange water and sewer authority (OWASA).

(6)

Electrical, heating, ventilation, plumbing, gas, air-conditioning, and other service/utility facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding during the base flood discharge.

(7)

To the maximum extent feasible, all utility and service facilities shall be installed, constructed and otherwise protected so as to remain operational should floodwaters reach the resource conservation district elevation.

(8)

Land disturbing activity shall be kept to the minimum feasible. The smallest practicable area of land shall be exposed at any one time during development. Such minimal area shall be kept exposed as short a duration of time as is practical. Temporary vegetation or mulching shall be used as needed to protect exposed areas. Natural plant covering and vegetation shall be retained and protected to the maximum degree practical when developing the site, as shall natural features and terrain. Disturbed areas shall be replanted with native trees, shrubs and ground cover.

(9)

Cutting or filling shall be permitted within the watercourse only if the resulting change to the hydraulic characteristics of the watercourse will:

Reduce or maintain the water surface elevation during the base flood discharge in the vicinity of the development; provided however, that in no case will cutting or filling be permitted within the watercourse if greater than a one foot per second increase in the velocity would result; or

Reduce or maintain the velocity of flow during the base flood discharge in the vicinity of the development; provided however, that in no case will cutting or filling be permitted within the watercourse if greater than one-half (½) foot rise in the base flood elevation would result.

(10)

All new construction and/or substantial improvements (including the placement of prefabricated buildings and manufactured homes) shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure.

(11)

All manufactured homes permitted to be placed within resource conservation district shall be anchored to resist flotation, collapse, or lateral movement by meeting the minimum requirements of the North Carolina Building Code (latest revision).

(12)

Any manufactured home, new manufactured home park or new manufactured home subdivision permitted to be placed within the resource conservation district shall:

Have stands or lots elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at least eighteen (18) inches above the resource conservation district elevation;

Have adequate surface drainage;

Provide access for haulers;

Have lots large enough to permit steps when the mobile home is placed on pilings; and

Have pilings placed in stable soils no more than ten (10) feet apart, and reinforcement shall be provided for pilings more than six (6) feet above ground level.

(13)

Development shall not be permitted if it results in any increased regulatory floodway elevation, during base flood discharge, as certified by a registered professional engineer.

(14)

For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided.

The bottom of all openings shall be no higher than one (1) foot above grade.

Openings may be equipped with screens, louvers, or other covering or devices provided that they permit the automatic entry and exit of floodwaters.

(h)

Procedures in resource conservation district.

(1)

Other approvals required. No permit or approval required to be issued by the town under the provisions of this article shall be valid until all other permits or variances for the same proposal required by any other ordinance of the town or statute of the State of North Carolina or the United States have been received from those agencies from which such permits or variances are required.

(2)

Records and filings.

The town manager shall maintain records of all development permits, approvals, certification of as-built finish floor elevation(s), certification of flood proofing measures, or variances regarding development within the resource conservation district. Such records shall include all actions on applications for such permits, approvals, or variances, as well as any conditions attached thereto. A letter of map revision (LOMR) must be approved by the Federal Emergency Management Agency, or its successor agency, prior to variance approval by the town. The town manager shall report variances granted for the relocation or alteration of riverine watercourses to adjacent communities, the N.C. Department of Crime Control, or its successor agency, and Public Safety and the Federal Emergency Management Agency, or its successor agency. Such report shall contain assurance that the relocation or alteration maintains the watercourse's flood carrying capacity.

The town manager shall notify any applicant in writing of the decision on any application for any permit, approval, or variance with respect to property within the resource conservation district and shall file a copy of it with the town's planning department.

The applicant shall record any variance with the Orange County Register of Deeds within sixty (60) days after written notice of approval of such variance by the Board of Adjustment.

(3)

Exemptions. When a landowner or other affected party believes that the town's Geographic Information System (GIS) coverages inaccurately depict surface waters, he or she shall consult the town manager. Upon request, the town manager shall make an on-site determination. When considering affirmative exemption requests, the town manager shall examine the particular parcel of land, existing information related to the parcel or the area, and other relevant information. Requests for affirmative exemption shall be in writing and shall include an explanation of the request. Any disputes over on-site determinations shall be referred to the town manager in writing. A determination of the town manager as to the accuracy or application of the town's GIS data is subject to appeal as provided in section 4.10. Surface waters shall not be subject to this section if an on-site determination shows that they fall into one of the following categories:

Ditches and manmade conveyances, such as gutters, other than modified natural streams.

Man-made ponds and lakes located outside natural drainage ways.

Ephemeral streams.

(4)

Requirements for development applications. Every application which proposes development or land-disturbing activities wholly or partially within the resource conservation district shall include the following, unless affirmatively exempted by the town manager in part or entirely, for the whole area covered by the application:

A utilities plan;

A grading plan showing existing and final contours;

A sedimentation and erosion control plan;

A storm water management plan;

A soils analysis;

Plans view showing: the topography of the site at a minimum horizontal scale of 1:60, at two-foot contour intervals; the location of streams, watercourses, stormwater runoff channels, etc; the limits of the floodway and floodplain; existing or proposed storm and sanitary sewers and sewer outfalls; septic tank systems and outlets, if any; existing and proposed structures and development; the 100-year flood and RCD elevations and limits; and existing and proposed tree lines;

Profile view showing: at a minimum horizontal scale of 1:60, and minimum vertical scale of 1:10, the elevations of the watercourses bed; waterway openings of existing and proposed culverts and bridges within or near the site; size and elevation of existing or proposed sewer and drain outlets; the 100-year water surface elevations and limits; and the elevation of the Resource Conservation District;

A description of existing vegetation, including significant trees and shrubs; and a landscape plan for the completed development;

A description of wildlife habitats, noting the types of habitat on site and their potential as habitats for various species of wild life and identifying any relevant limiting factors;

Description of proposed storage of materials and of waste disposal facilities;

Certificate from a registered professional engineer or architect with respect to floodproofing, or from a registered professional engineer or surveyor with respect to elevation, that any floodproofing measures on nonresidential uses or finished elevations meet the requirements of this article;

Copies of notifications to and responses by adjacent communities, the North Carolina Department of Crime Control, or its successor agency, and Public Safety, and the Federal Emergency Management Agency, or its successor agency, regarding any proposed alteration or relocation of a riverine watercourse;

The increase in elevation of the 100-year flood upstream from the development, velocity changes and rate of rise changes, runoff, water quality change, sediment deposit rate changes, and the duration of the flood. The town manager shall approve the methodology used to determine the changes;

A list of owners of properties located within five hundred (500) feet of the subject property boundaries with the full name and address of each property owner, with stamped, pre-addressed mailing envelopes for each owner on the mailing list.

(i)

Development in the resource conservation district.

(1)

Development in resource conservation district after January 27, 2003. Development and land-disturbing activities within the RCD are prohibited after the effective date (January 27, 2003) of this section unless exempted by this section, or permitted by subsection (e) of this section, or allowed pursuant to a variance authorized by this section and approved by the board of adjustment.

(2)

Application of resource conservation district ordinance to use of lawfully established development existing on January 27, 2003 (or for which a vested right has been established) outside of the regulatory floodplain.

Section 3.6.3 shall not apply to the continued use, operation or maintenance of any lawfully established development (outside of the regulatory floodplain) existing, or for which construction had substantially begun, on or before January 27, 2003 (or for which a vested right had been established). With respect to the requirements of section 3.6.3, such development shall not be considered as nonconforming within the meaning of article 7 of this appendix.

(3)

Exemptions for reconstruction, rehabilitation, renovation or expansion of development existing on January 27, 2003 (or for which a vested right had been established) outside of the regulatory floodplain. (Ord. No. 2004-02-23/O-2)

This article shall not apply to use, operation, maintenance, reconstruction, rehabilitation, or renovation of any lawfully established development (outside of the regulatory floodplain) existing, or for which construction had substantially begun, on or before January 27, 2003 (or for which a vested right had been established). With respect to the requirements of this article, such development shall not be considered as nonconforming within the meaning of article 7 of this appendix. (Ord. No. 2004-02-23/O-2)

Within the part of the resource conservation district that is outside of the regulatory floodplain, expansion of development is allowed only under the following circumstances:

With respect to the requirements of section 3.6.3, any single- family or two-family dwelling or single dwelling unit within a townhouse development may be expanded. With respect to the requirements of section 3.6.3, the dwelling or dwelling unit as expanded pursuant to this subsection shall not be considered as nonconforming within the meaning of article 7;

With respect to the requirements of section 3.6.3, development, other than single-family or two-family dwellings or single dwelling units within a townhouse development, development on any single zoning lot may be expanded to the extent of ten (10) per cent or less of its footprint as it existed on January 27, 2003; however, this exemption shall not apply in cases where a development has been expanded one (1) or more times since January 27, 2003, and where the past and proposed expansions, considered together, would increase the development's footprint by a total of more than ten (10) per cent of its footprint as it existed on January 27, 2003. With respect to the requirements of section 3.6.3, such development as expanded pursuant to this subsection shall not be considered as nonconforming within the meaning of article 7.

(4)

Application of the resource conservation district to the reconstruction, rehabilitation renovation, or expansion of development existing within the regulatory floodplain and floodway.

Within the regulatory floodplain, the reconstruction, rehabilitation, or renovation of a development existing, or for which construction had substantially begun, on or before March 19, 1984, is prohibited unless the reconstruction, rehabilitation, or renovation complies with the requirements of the Federal Emergency Management Agency, or its successor agency, in place at the time of reconstruction, rehabilitation, or renovation.

Within the regulatory floodplain, the expansion of a development existing, or for which construction had substantially begun, on or before March 19, 1984, is prohibited unless:

The expansion is permitted by subsection (e) and meets the design standards of subsection (g) of this section; or

The expansion is permitted by a variance authorized by this article and approved by the board of adjustment.

(j)

Variances in the Resource Conservation District.

(1)

Application. An owner of property who alleges that the provisions of the resource conservation district leave no legally reasonable use of the property may apply to the board of adjustment for a variance. An application for a variance shall be filed with the town manager in accord with the provisions of section 4.12 of this appendix. In addition to the materials required by that subsection, the application must also comply with the submittal requirements of subsection (h) of this section. On receipt of a complete application, the town manager shall cause an analysis to be made by appropriate town staff based on the findings required in subsection (2), below. Within a reasonable period of time, the town manager shall submit the application and a report of his or her analysis to the board of adjustment.

(2)

Required findings.

The review of the board of adjustment shall extend to the entire zoning lot that includes area within the resource conservation district. The board of adjustment shall grant a variance, subject to the protections of this article, if it finds:

That the provisions of this article and any applicable legal conditions including private covenants and deed restrictions leave an owner no legally reasonable use of the portion of the zoning lot outside of the regulatory floodplain; and

That a failure to grant the variance would result in extreme hardship.

Subject to the provisions of paragraph A above, in making such findings, the board of adjustment shall consider the uses available to the owner of the entire zoning lot that includes area within the resource conservation district. Private covenants and deed restrictions shall not be the basis for granting a variance if the board finds:

That public environmental interests would be negatively affected by the granting of a variance; and,

That the variance would not be needed to make legally reasonable use of the portion of the zoning lot outside of the regulatory floodplain in the absence of such private restrictions.

(3)

The board of adjustment shall grant the minimum variance necessary to afford appropriate relief under this section. The board may attach such reasonable conditions to the grant of a variance as it deems necessary to achieve the purposes of this article.

(4)

The board of adjustment shall not grant any variance if it finds that such a variance would:

Result in any increased regulatory floodway water surface elevation during the base flood discharge as certified by a registered professional engineer; or

Result in significantly increased velocity of flow or deposit of sediment; or

Result in significantly increased erosion, significant additional threats to public safety; or

Result in significant threats to water quality; or

Result in the removal of significant wildlife habitat; or

Result in extraordinary public expense; or

Result in public nuisance; or

Impede the provision of greenway paths called for by the town's greenway plan; or

Conflict with the provisions of any other law or ordinance.

(5)

The board of adjustment may refuse to grant any variance if it finds that the owner of a lot, or any predecessor in interest, has subdivided such lot or has otherwise acted in an attempt to avoid or evade the provisions or intent of the resource conservation district.

(6)

Burden of proof. Any owner of property applying to the board of adjustment for a variance from the provisions of this article shall have the burden of establishing that such variance should be granted by the board.

(7)

Presumption. Notwithstanding subsection (5), above, a showing that the portion of the Resource Conservation District outside of a regulatory floodplain overlays more than seventy-five (75) per cent of the area of a zoning lot, shall establish a rebuttable presumption that the resource conservation district leaves the owner no legally reasonable use of the zoning lot outside of the regulatory floodplain. Such presumption may be rebutted by substantial evidence before the board of adjustment.

(8)

Referral. The board of adjustment, before taking final action on an application for a variance, may refer such application to town advisory boards or commissions.

(9)

Review criteria. In reviewing applications for variances pursuant to this article, the board of adjustment shall consider all technical evaluations, all relevant factors, other provisions of statute or ordinance, and:

The danger to life and property due to flooding, sedimentation, and/or erosion damage at the site;

The danger that structures or materials may be swept onto other lands to the injury of others;

The danger to life and property from flood waters backed up or diverted by any obstruction or by debris collected by the obstruction;

The susceptibility of the proposed development and its contents to flood damage and the effect of such damage on the individual owner;

The importance of the services provided by the proposed development to the community;

The necessity to the facility of a waterfront or low-lying location, where applicable;

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

The compatibility of the proposed use with existing and anticipated development within the vicinity;

The relationship of the proposed use to the comprehensive plan and the stormwater management program for that area;

The safety of access to the property in times of flood for ordinary and emergency vehicles;

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site;

The effects of the proposed development on the heights, velocity, duration, and rate of rise of the flood waters upstream and downstream of the proposed site;

The costs of maintaining or restoring public services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges;

The susceptibility of water supply and sanitation systems to contamination and unsanitary conditions during and after floods;

The danger that issuance of the variance will set a precedent for future development in the resource conservation district which cumulatively may increase the flood hazard;

The impact of the proposed use on the town's open spaces and greenway system;

The effect to water quality of the town's actual or potential water supply sources;

The effect on urban wildlife and plant life habitats;

The effect on air and noise buffers which ameliorate the effects of development; and

The degree to which drainage and flooding conditions in the vicinity would be improved by the proposed development.

(k)

Transfer of development rights.

The resource conservation district is hereby designated as a sending area for purposes of transferring development rights (see section 3.9.2, below). Applicants are encouraged to attempt to transfer development rights within a resource conservation district before requesting a variance pursuant to subsection (j).

(l)

Warning and disclaimer of liability.

With respect to flood hazard, the degree of protection required by this section is considered reasonable for regulatory purposes. Larger floods than anticipated or protected against herein will occur on occasion. This section does not imply that land outside the resource conservation district or uses or variances permitted or allowed within such district will be free from flooding or flood damages. This section shall not create any liability on the part of the town, or any officer or employee thereof, for any flood damages that result from reliance on this section or any administrative decision or process lawfully made thereunder.

3.6.4 Watershed Protection District (WPD)

(a)

Intent.

The watershed protection district (herein sometimes WPD) is intended to be applied to a portion of the New Hope Watershed draining to Jordan Lake in order to ensure long-term water quality of the Jordan Lake Reservoir, to protect possible future sources of drinking water for the town and surrounding localities, and to control pollution sources affecting water quality.

Watershed protection regulations are applied by the Town of Chapel Hill pursuant to North Carolina General Statutes, Chapter 143, Article 21, Watershed Protection Rules, and implementing regulations of the North Carolina Environmental Management Commission, or its successor statutes and regulations.

In the interpretation and application of this article, all provisions shall be: (a) considered as minimum requirements, (b) strictly construed in favor of the public interest and community benefit, and (c) deemed neither to limit nor repeal any other powers provided by town ordinance or state statute.

(b)

Establishment of Watershed Protection District.

The watershed protection district is established for certain lands within the New Hope Watershed as a district that overlays other zoning districts established in article 3. All development within the watershed protection district shall comply with the requirements of this article. In addition, all development within the watershed protection district shall comply with the requirements of any additional overlay districts and the underlying zoning district.

The area of the district shall be defined generally as an area extending five (5) miles from the normal pool elevation of the Jordan Lake Reservoir, or to the ridge line of the watershed, whichever is less.

The specific location of the watershed protection district shall be set by ridge lines, identifiable physical features such as highways, or property lines, and shall be shown on the official zoning atlas.

(c)

Development in the Watershed Protection District.

This Article shall apply to development and land-disturbing activities within the WPD after the effective date (July 1, 1993) of this article unless exempted by this section, or permitted by section 3.6.4(d), or allowed pursuant to a variance authorized by this article and approved by the board of adjustment.

(1)

Application of watershed protection district to development existing on July 1, 1993.

This article shall not apply to the continued use, operation or maintenance of any development existing, or for which construction had substantially begun, on or before July 1, 1993. In addition, the article shall not apply to existing development which has established a vested right under North Carolina zoning law as of July 1, 1993, based on the following criteria:

Substantial expenditure of resources (time, labor, money) based on a good faith reliance upon having received a valid approval to proceed with the project;

Having an outstanding valid building permit; or

Having expended substantial resources (time, labor, money) and having an approved site specific development plan pursuant to section 20.4 of the Development Ordinance.

With respect to the requirements of this article, such development shall not be considered as nonconforming within the meaning of article 7 of this appendix.

Multiple lots under single ownership as of July 1, 1993 are not subject to the provisions of this ordinance if vested rights have been established in accordance with North Carolina law. If no vested rights are established, then owners must comply with the provisions of this ordinance. Compliance may include requiring the recombination of lots.

(2)

Application to existing single family and two-family lots.

This article shall not apply to single family and two-family development constructed or to be constructed on existing single-family lots created prior to July 1, 1993. This exemption is not applicable to multiple lots under single ownership. For purposes of constructing a single-family or two-family dwelling, lots of record as of July 1, 1993 which are established through a duly approved and properly recorded final plat shall be exempt from the provisions of this appendix.

(3)

Application of the watershed protection district to the redevelopment or expansion of development.

Redevelopment is allowed under the provisions of this article if the redevelopment activity does not have a net increase of built-upon area or provides equal or greater stormwater control than the previous development, except that there are no restrictions on lawfully established single family and two-family residential redevelopment.

Expansions to existing development as of July 1, 1993 must meet the requirements of this Article; however, the built-upon area of existing development is not required to be included in density and impervious surface area calculations, and there are no restrictions on expansion of lawfully established single family and two-family development.

(d)

Permitted uses within the watershed protection district.

(1)

The requirements or permitted uses indicated in the underlying zoning district, or any applicable overlay zone, apply in the watershed protection district, provided the standards of sections 3.6.4(e) and 3.6.4(g) are met.

(e)

Intensity regulations.

(1)

Land use intensity regulations.

The intensity regulations are those generally applicable to the underlying zoning district, or any applicable overlay zone, except as modified below.

(2)

Additional intensity regulations.

In order to prevent an excessive amount of stormwater runoff from damaging the water quality of the reservoirs, it is desirable to require as much infiltration as possible of runoff from hard surfaces onto land areas which can absorb and filter runoff.

Any development in the watershed protection district shall be subject to one (1) of two (2) options, or a combination of options, to control non-point source and stormwater pollution, as described in Table 3.6.4-1.

Table 3.6.4-1: Development Options

Option	Standards
Low density option	Development activities shall not exceed two (2) dwelling units per acre (gross land area) or twenty-four (24) per cent built-upon area (impervious surface area) of gross land area.
High density option	Development activities which exceed the low density option requirements must control the runoff from the first inch of rainfall. In addition, the built-upon area may not exceed fifty (50) per cent of gross land area for residential development or seventy (70) per cent for development with a non-residential component. All development under the high density option must meet the applicable performance standards of section 3.6.4(g).

(f)

Stream buffer requirements.

All development shall comply with the provisions of section 3.6.3, resource conservation district. In addition, the following standards for stream buffers shall apply to all perennial streams in the watershed protection district, in the event the resource conservation district is less restrictive than the following:

(1)

For developments choosing the low-density option, the required stream buffer is thirty (30) feet.

(2)

For developments choosing the high-density option, the required stream buffer is one hundred (100) feet.

(3)

For all developments, no new development is allowed within the stream buffer area; water dependent structures, and public projects such as road crossings and greenways may be allowed where no practicable alternative exists; these activities shall minimize built-upon area, divert runoff away from surface waters and maximize the use of best management practices.

All stream buffers shall be a natural or vegetated area through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. If clearing, grading, or other land-disturbing activities have occurred and have reduced the effectiveness of the buffer, the buffer shall be replanted in accordance with a landscape plan to be approved by the town manager.

A stream buffer shall be measured landward from the normal pool elevation of impounded structures and from the bank of each side of perennial streams or rivers.

(g)

Performance standards.

The following standards and criteria shall apply to any portion of a development or, as appropriate, to any land disturbance within the Watershed Protection District.

(1)

Hazardous materials.

Any proposed development which uses and stores hazardous materials shall prepare an emergency contingency plan as part of its development application. The emergency contingency plan shall be prepared in accordance with the requirements of the Superfund Amendments and Reauthorization Act (SARA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), or Section 311 of the Clean Water Act, as amended. The plan shall identify buildings and the locations of points of storage and use of hazardous materials and shall be updated annually. The plan shall be approved by the town manager.

Any container or tank used to store hazardous materials shall be equipped with leak detection devices and shall be double-walled or have other secondary containment features to be approved by the town manager.

Points of storage or use of hazardous materials shall be protected by a corrosion-resistant dike, sized to handle the maximum amount of hazardous material to be stored or used.

All floor drains that could collect hazardous materials shall be connected to a corrosion resistant tank or catch basin sized to handle the maximum amount of hazardous material to be stored or used. These floor drains shall not be open to the site's natural drainage system.

(2)

Solid waste minimization.

All development shall submit a plan to be approved by the town manager which minimizes solid waste and promotes the recycling of materials in accordance with Section 5.13 of the Development Ordinance.

(3)

Ownership, design, and maintenance of engineered stormwater controls.

Unless otherwise approved, ownership of the engineered stormwater controls shall remain with the property owner or a property owner's association.

Engineered stormwater controls shall be designed and constructed in accordance with standards and specifications established by the town manager, and designed to control the first one (1) inch of stormwater using wet detention ponds, or using other methods accepted by the state.

The property owner shall post a performance bond or other surety instrument satisfactory to the town manager, in an amount approved by the town manager to assure maintenance, repair, or reconstruction necessary for adequate performance of the engineered stormwater controls.

The establishment of a stormwater utility by the Town of Chapel Hill shall be deemed adequate financial assurance.

(4)

Construction standards.

The construction of new roads, bridges, residential and non-residential development shall minimize built-upon area, divert stormwater away from surface water supply waters as much as possible, and employ best management practices to minimize water quality impacts.

(5)

Cluster provisions.

The clustering of development in accordance with section 3.8.8 of the Development Ordinance is encouraged, subject to the following additional standards:

Overall density of the project meets the associated density or stormwater control requirements of section 3.6.4(e);

Built-upon areas are designed and sited to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow; and

The remainder of the tract shall remain in a vegetated or natural state.

(h)

Variances from the board of adjustment.

(1)

Application.

An owner of property who alleges that the provisions of this article leave no legally reasonable use of the property may apply for a variance.

This article is established pursuant to North Carolina General Statutes Chapter 143, Article 21, and implementing regulations of the North Carolina Environmental Management Commission (Administrative Code Section 15 NCAC 28, .0100, .0200, and .0300), hereafter referred to as "state watershed regulations". A request for a variance from any requirement of this article that does not conflict with any provision in state watershed regulations as amended, may be considered by the board of adjustment of the Town of Chapel Hill

A request for a variance from any requirement of this article that conflicts with any provision in state watershed regulations, as amended, constitutes a variance of a more significant nature. A request for such a variance may only be granted in unique circumstances when necessary to accommodate important social and economic development. A request for such a variance shall be considered by the board of adjustment and referred to the North Carolina Environmental Management Commission, in accordance with the following procedures:

If the board of adjustment decides in favor of granting the variance, the board of adjustment shall prepare a preliminary record of the hearing with all deliberate speed and send it to the environmental management commission. The preliminary record of the hearing shall include:

The variance application;

The hearing notices;

The evidence presented;

Motions, offers of proof, objections to evidence, and rulings on them;

Proposed findings and exceptions; and

The proposed decision, including all conditions proposed to be added to the permit.

If the environmental management commission approves the variance as proposed, approves the variance with additional conditions, or denies the variance, the commission shall prepare a decision and send it to the board of adjustment. The board of adjustment shall prepare a final decision in accordance with the commission's decision.

An application for a variance from the board of adjustment shall be filed with the town manager in accord with the provisions of section 4.12.1. In addition to materials required by that section, the application must also comply with applicable submittal requirements.

On receipt of a complete application, the town manager shall cause an analysis to be made by appropriate town staff based on the findings required in section 3.6.4(h)(2). Within a reasonable period of time, the town manager shall submit the application and a report of his or her analysis to the board of adjustment.

(2)

Required findings.

The review of the board of adjustment shall extend to the entire zoning lot that includes area within the district. The board of adjustment shall grant a variance, subject to the provisions of this article, if it finds:

That the provisions of this article leave an owner no legally reasonable use of the zoning lot; and

That a failure to grant the variance would result in extreme hardship; and

That the hardship complained of is one suffered by the applicant rather than by neighbors or the general public;

That the hardship relates to the applicant's property rather than to personal circumstances;

That the hardship is peculiar to the applicant's property, rather than a hardship shared by the neighborhood or resulting from the existence of nonconforming situations in the vicinity;

That the hardship is not the result of the applicant's own actions; and

That the variance will not substantially interfere with or injure the rights of others whose property would be affected by granting of the variance; and

That the variance will not result in a violation of the provisions of article 7 by allowing the enlargement, expansion, extension, or the greater permanence or intensity of a nonconforming use or feature, nor will it result in a violation of section 3.6.3.

In making such findings, the board of adjustment shall consider the uses available to the owner in the underlying zoning district.

The board of adjustment shall not grant any variance if it finds that such a variance would:

Result in significantly increased velocity of flow or deposit of sediment; or

Result in significantly increased erosion, significant additional threats to public safety; or

Result in significant threats to water quality.

(3)

Burden of proof.

Any owner of property applying to the board of adjustment for a variance from the provisions of this article shall have the burden of establishing that such variance should be granted by the board.

(4)

Referral.

The board of adjustment, before taking final action on an application for a variance, may refer such application to town advisory boards or commissions.

For all proposed variances, the town manager shall notify and allow a reasonable comment period for all other local governments having jurisdiction within the watershed area governed by the state regulations and the entity using the water supply for consumption.

(5)

Review criteria.

In reviewing applications for variances pursuant to this article, the board of adjustment shall consider all technical evaluations, all relevant factors, other provisions of statute or ordinance, and:

The danger to life and property due to flooding, contamination, pollution, sedimentation, and/or erosion damage at the site;

The importance of the services provided by the proposed development to the community;

The availability of alternative locations for the proposed use;

The compatibility of the proposed use with existing and anticipated development within the vicinity;

The relationship of the proposed use to the comprehensive plan and the stormwater management plan for that area;

The danger that issuance of the variance will set a precedent for future development which cumulatively may increase threats to ensuring the water quality of Jordan Lake Reservoir;

The effect to water quality of Jordan Lake Reservoir; and

The degree to which drainage conditions in the vicinity would be improved by the proposed development.

(i)

Correction of violations.

The owner of any land within the watershed protection district shall be presumed responsible for any violation of this article committed on his or her property. The owner of any land within the watershed protection district shall be responsible for correcting any activity undertaken therein in violation of this article. In addition, any other person found in violation of this article shall be liable as provided by law. The town may institute any appropriate action to restrain or prevent any violation of this appendix or to require any person who has committed any such violation to correct the violation or restore the conditions existing before the violation. The town manager shall enforce this article as provided for in section 4.13 of this appendix.

(j)

Other approvals required.

No permit or approval required to be issued by the town under the provisions of this article shall be valid until all other permits or variances for the same proposal required by any other ordinance of the town or Orange or Durham Counties or statute of the State of North Carolina or the United States have been received from those agencies from which such permits or variances are required.

(k)

Records and filings.

(1)

The town manager shall maintain records of all development permits, approvals, or variances regarding development within the watershed protection district. Such records shall include all actions on applications for such permits, approvals, or variances, as well as any conditions attached thereto.

(2)

The town manager shall submit annually a description of each project receiving a variance and the reasons given by the board of adjustment for granting the variance to the North Carolina Environmental Management Commission.

(3)

The town manager shall maintain records of annual inspections of engineered stormwater management controls.

(4)

The town manager shall notify any applicant in writing of the decision on any application for any permit, approval, or variance with respect to property within the watershed protection district and shall file a copy of it with the town's planning department.

(5)

The applicant shall record any variance with the Orange County Register of Deeds within sixty (60) days after written notice of approval of such variance by the board of adjustment.

3.6.5 Neighborhood Conservation District

Purpose Statement: Within the Town of Chapel Hill there are unique and distinctive older in-town residential neighborhoods or commercial districts which contribute significantly to the overall character and identity of the town and are worthy of preservation and protection. Some of these districts are designated as historic districts, others may lack sufficient historical, architectural or cultural significance at the present time to be designated as historic districts. As a matter of public policy, the town council aims to preserve, protect, enhance, and perpetuate the value of these residential neighborhoods or commercial districts through the establishment of neighborhood conservation districts.

The purposes of a neighborhood conservation district in older town residential neighborhoods or commercial districts are as follows:

• To promote and provide for economic revitalization and/or enhancement

• To protect and strengthen desirable and unique physical features, design characteristics, and recognized identity, charm and flavor;

• To protect and enhance the livability of the town;

• To reduce conflict and prevent blighting caused by incompatible and insensitive development, and to promote new compatible development;

• To stabilize property values;

• To provide residents and property owners with a planning bargaining tool for future development;

• To promote and retain affordable housing;

• To encourage and strengthen civic pride; and

• To encourage the harmonious, orderly and efficient growth and redevelopment of the town.

(a)

Designation criteria.

To be designated a neighborhood conservation district, the area must meet the following criteria:

(1)

The area must contain a minimum of one (1) block face (all the lots on one (1) side of a block);

(2)

The area must have been platted or developed at least forty (40) years prior to the date of the submittal and acceptance of a petition to initiate Phase One of the neighborhood conservation district process, or prior to a town council action to initiate Phase One of the neighborhood conservation district process;

(3)

At least seventy-five (75) per cent of the land area in the proposed district is presently improved;

(4)

The area must possess one (1) or more of the following distinctive features that create a cohesive identifiable setting, character or association;

Scale, size, type of construction, or distinctive building materials;

Lot layouts, setbacks, street layouts, alleys or sidewalks;

Special natural or streetscape characteristics, such as creek beds, parks, gardens or street landscaping;

Land use patterns, including mixed or unique uses or activities; or

Abuts or links designated historic landmarks and/or districts.

(5)

The area must be predominantly residential in use and character.

Any designated historic overlay district shall be deemed to satisfy the criteria listed above.

(b)

Zoning authority.

Separate ordinances are required to designate each district. Ordinances designating each neighborhood conservation district shall identify the designated district boundaries, and specify the individual purposes and standards for that district.

(1)

Overlay district.

Neighborhood conservation districts are designed as overlays to the regular zoning districts. Property designated within these districts must also be designated as being within one (1) of the general use districts. Authorized uses must be permitted in both the general use district and the overlay district. Property designated as a neighborhood conservation district may have additional designations. Such property shall comply with all applicable use restrictions.

(2)

Zoning designation.

The zoning designation for property located within a neighborhood conservation district shall consist of the base zone symbol and the overlay district symbol (CD) as a suffix. Neighborhood conservation districts shall be numbered sequentially to distinguish among different districts, i.e., R-4 (CD-1), R-1 (CD-2), etc.

The designation of property within a neighborhood conservation district places such property in a new zoning district classification and all procedures and requirements for zoning/rezoning must be followed.

In the event of a conflict between the provisions of a specific neighborhood conservation district ordinance and the general use district regulations, the provisions of the neighborhood conservation district ordinance shall control.

Except as modified by this section, the procedures for zoning changes set forth in section 4.4 shall otherwise apply to the designation of an area as a neighborhood conservation district.

(c)

Initiation.

The process to initiate the designation of a neighborhood conservation district shall consist of two (2) phases. Phase One must be completed in order to initiate Phase Two.

(1)

Phase One shall consist of a town sponsored public information meeting to provide general information about neighborhood conservation districts including a review of existing neighborhood conservation districts and an explanation of the rezoning process.

Phase One may be initiated by the town council; by property owners representing fifty-one (51) per cent of the land area within the proposed district, upon submittal and acceptance of a petition by the town council; or by fifty-one (51) per cent of property owners in a proposed district upon submittal and acceptance of a petition by the town council.

The town manager shall prescribe the form(s) on which a neighborhood conservation district petition is made.

The planning board shall review the council motion or the petition to initiate Phase One of the process to create a neighborhood conservation district. The planning board shall designate a preliminary boundary and set a date to hold a public information meeting regarding the proposed neighborhood conservation district.

Notification of the public information meeting shall be sent to all property owners located within the preliminary boundary and within five hundred (500) feet of the boundary.

(2)

Phase Two shall consist of a planning board feasibility review and town council action.

Phase Two may be initiated by the town council; by property owners representing fifty-one (51) per cent of the land area within the proposed district, upon submittal and acceptance of a petition to the town council; or by fifty-one (51) per cent of property owners in a proposed district upon submittal and acceptance of a petition to the town council.

The town manager shall prescribe the form(s) on which a neighborhood conservation district petition is made.

The planning board shall review the council motion or the petition to initiate Phase Two of the process to create a neighborhood conservation district. The planning board shall set a date and conduct a neighborhood conservation district feasibility review.

Notification of the planning board's neighborhood conservation district feasibility review time, date, and place shall be sent to all property owners located within the preliminary boundary and within five hundred (500) feet of the boundary.

The town staff shall submit to the planning board a written analysis of the petition and include a recommendation with specific reference to:

• The community goals: a statement of objective for the neighborhood conservation district;

• The level of urgency: a description of current development activity in the neighborhood;

• The plenary or committee structure: a proposal of who will participate in the process of drafting a neighborhood conservation district rezoning proposal. A committee structure shall include ten (10) per cent of households in the initial boundary or twenty (20) people, whichever is less, and a plenary structure shall open the process to the entire neighborhood; and

• The initial boundary: a map of properties to be included in the neighborhood conservation district.

The planning board shall conduct the neighborhood conservation district feasibility review. The neighborhood conservation district feasibility review shall be open to the public and all interested persons shall be given the opportunity to present arguments in favor of or against a rezoning and to ask questions.

After the neighborhood conservation district feasibility review, the planning board shall submit its recommendation to the town council with specific reference to the community goals, the level of urgency, the plenary or committee structure, and the initial proposed boundary of the neighborhood conservation district.

After the neighborhood conservation district feasibility review, the town council shall review the planning board's recommendation and the town staff recommendation and act on the petition. Action on the petition may include endorsement to begin the rezoning process to establish a neighborhood conservation district or to not begin the process.

Endorsement to begin the rezoning process shall include reference to the community goals, the level of urgency, the plenary or committee structure, and the initial boundary of the neighborhood conservation district.

Notification of the town council action shall be sent by first class mail to owners of properties located within the preliminary boundary and within five hundred (500) feet of the boundary.

(d)

Designation procedures.

(1)

Following initiation for designation of a neighborhood conservation district, the planning board, or a committee designated by the town council with representation from the planning board, shall develop a neighborhood conservation plan for the proposed district that may include:

Maps indicating the boundaries, age of structures and land use of the proposed district;

Maps and other graphic and written materials identifying and describing the distinctive neighborhood and building characteristics of the proposed district; and

Design standards for new construction, additions or alterations to the street facades of existing buildings or structures within the proposed district.

(2)

All owners of properties within the proposed district shall be afforded the opportunity to participate in drafting the conservation plan. A conservation plan shall be approved as part of a zoning atlas amendment creating a neighborhood conservation district.

(e)

Design standard.

(1)

The conservation plan approved as part of the zoning ordinance creating a neighborhood conservation district may include design standards for new construction or placement of any building, structure, foundation, sign, public art or outdoor apparatus or equipment (including visible utility boxes or mechanical equipment; trucks; lawn or landscaping equipment, but not including lawnmowers or hand tools; playground equipment; or sports equipment), and any additions, alterations, relocation or rehabilitation to the street facades of existing buildings, structures, foundations, sign, public art, or outdoor apparatus or equipment.

(2)

The conservation plan, and requisite design standards shall not apply to those activities which constitute ordinary repair and maintenance, i.e., using the same material and design.

(3)

The design standards for the neighborhood conservation district may include the following elements governing the physical characteristics and features of all property (public or private) within the proposed district:

Building height, number of stories;

Building size, massing (frontage, entrance location/features);

Lot size, coverage;

Front and side yard setbacks;

Off-street parking and loading requirements;

Paving, hardscape covering.

In addition, the design standards may include, but shall not be limited to, the following elements:

Building orientation;

General site planning (primary, ancillary structures);

Density;

Floor area ratio;

Signage;

Architectural style and details;

Building materials;

Garage entrance location;

Front window, dormer size and location;

Landscaping;

Fences and walls;

Entrance lighting;

Driveways and sidewalks;

Satellite dishes, utility boxes;

Street furniture;

Public art;

Demolition (see subsection (f);

Roof line and pitch.

(f)

Administration of ordinance.

(1)

No building permit shall be issued for new construction or an alteration or addition to the street facade of an existing building or structure within a designated neighborhood conservation district without the submission and approval of design plans and the issuance of a zoning compliance permit by the town manager.

(2)

The town manager shall review the design plans to determine compliance with the design standards contained in the neighborhood conservation plan adopted for the district.

(3)

If the town manager determines that the design plans are in conformance with the design standards adopted for the district, the town manager shall approve the plans and issue a zoning compliance permit and the department of building inspections may issue a building permit.

(4)

If the town manager determines that the design plans are not in conformance with the design standards adopted for the district, the town manager shall not approve the plans, and will issue notification of non-compliance, identifying the specific design standards violated.

(5)

The applicant may appeal the town manager's determination to the board of adjustment as provided in section 4.12

(Ord. No. 2003-11-10/O-3, § 2; Ord. No. 2004-02-23/O-2; Ord. No. 2006-01-09/O-7, § 1; Ord. No. 2006-03-06/O-1, § 1; Ord. No. 2007-10-08/0-7, § 1; Ord. No. 2009-11-23/O-10, § 1)

3.7 - Use regulations.

Purpose statement: It is the intent of this article to provide for patterns of land use in accord with the comprehensive plan, and to promote the organization of land uses so as to minimize conflicts between different types of land use activities while recognizing the community's need for such activities.

3.7.1 Permitted, Special and Accessory Uses

Uses of land or structures which are not expressly listed in section 3.7.2 as permitted principal uses, permitted accessory uses, or permitted special uses in a zoning district or planned development are prohibited uses and shall not be established in that district or planned development. Bona fide farms in areas outside of Chapel Hill's municipal zoning jurisdiction, but within Chapel Hill's transition area as defined in the joint planning agreement with Orange County, are not subject to these use regulations, as provided by N.C. General Statutes.

Uses listed as permitted special uses in a zoning district may be established in that district only after issuance and recordation of a special use permit in accord with the procedures and conditions specified in article 4, section 4.5. Planned developments may be established in any zoning district only after the issuance and recordation of a special use permit in accord with the procedures and conditions specified in article 4, section 4.5.

3.7.2 Use Matrix

Except as otherwise specifically provided in this chapter, regulations governing the use of land and structures within the various zoning districts and classifications of planned developments are hereby established as shown in the following table, Use Matrix.

3.7.3 Use Groups

The division of permitted uses into use groups as shown in the use matrix is intended to differentiate such uses by intrinsic intensity relative to other uses and for application of certain standards as provided in this chapter.

[Use Matrix begins on next page]

Table 3.7-1: Use Matrix

General Use Zoning District

Planned Development (PD-)

Uses

Use Group

R-LD5

R-LD1

R-1A

R-1

R-2

R-2A

R-3

R-4

R-5

R-6

R-SS-C

TC-1, TC-2, TC-3

N.C.

OI-1

OI-2

OI-3

OI-4

SC(N)

SCI

Accessory use customarily incidental to a permitted principal or special use

—

Adult day care facility (See also Article 6)

P, A

—

P, A

—

P, A

—

Agriculture, Female Chickens

—

—*

Agriculture, livestock

P, A

—

P, A

—

Agriculture, non-livestock

P, A

—

P, A

Automated teller machines (ATM) (Walkup)

—

Automated teller machines (ATM) (Drive-up)

—

Automotive Repair

—

P, A

—

P, A

—

P, A

—

P, A

Automotive repair (less collision, service and painting)

—

P, A

—

P, A

—

P, A

—

P, A

Automotive, trailer, and farm implement sales or rental

—

P, A

—

P, A

—

P, A

—

Bank

—

P, A

—

P, A

—

Barber shop/beauty salon

—

Business—Convenience

—

P, A

—

P, A

—

P, A

—

Business—General

—

P, A

—

P, A

—

P, A

—

Business—Wholesale

—

P, A

—

P, A

—

P, A

—

Business, office-type

—

P, A

—

P, A

—

Car wash (See also Article 6)

—

Cemetery (See also Article 6)

—

Child day care facility (See also Article 6)

P, A

—

P, A

—

P, A

—

Clinic

—

P, A

—

P, A

—

Club

—

College or University

—

Drive-in window (See also Article 6)

—

Dwelling Units, Single Family

—

Dwelling units, single-family with accessory apartment

—

Dwelling units, duplex (See also Article 6)

—

Dwelling units, multifamily, 3 to 7 dwelling units

—

Dwelling units, multifamily, over 7 dwelling units

—

Essential services

P, A

—

P, A

—

P, A

Extraction of earth products (See also Article 6)

—

Fine arts educational institution (See also Article 6)

—

Flex space

—

P A

—

Fraternity dwelling (See also Article 6)

—

Funeral home

—

P A

—

P A

—

Group care facility (See also Article 6)

—

Hangar, medical aircraft

—

Home occupation

—

Hospital

—

Hotel or motel

—

Kennel

—

P, A

—

P, A

—

P, A

—

Landfill (See also Article 6)

—

Maintenance/storage facility

—

P, A

—

P, A

Manufactured home park

—

Manufactured home, Class A

—

Manufactured home, Class B

—

Manufacturing, light

—

P, A

—

Outdoor skateboard ramp (See Article 6)

—

Park/ride (See also Article 6)

—

P, A

—

P, A

Parking, off-street

—

P, A

—

Personal services

—

P, A

—

P, A

—

P, A

—

Place of assembly, over 2,000 seating capacity (See also Article 6)

—

Place of assembly, up to 2,000 seating capacity

—

P, A

—

P, A

Place of worship (See Article 6)

—

Public cultural facility

P, A

—

P, A

—

P, A

Public service facility (See also Article 6)

—

P, A

—

P, A

Public use facility

P, A

—

P, A

—

P, A

Publishing and/or printing

—

P, A

—

P, A

—

P, A

Radio, television or wireless transmitting and/or receiving antenna (See also Article 6)

—

P, A

Radio, television or wireless transmitting and/or receiving antenna, accessory

—

Recreation facility: Commercial

—

P, A

—

P, A

—

P, A

Recreation facility: Non-profit

—

P, A

—

P, A

Recreation facility: Outdoor commercial

—

P, A

—

P, A

—

Research activities

—

P, A

—

P, A

—

P, A

Residence hall

—

Residential support facility

—

Rooming house

—

School, elementary or secondary

—

Service station/convenience store (See also Article 6)

—

Shelter

—

Solid waste management facility

—

P, A

—

Supply yard

—

P, A

—

P, A

—

P, A

—

P, A

Temporary portable building: Construction-related (See also Article 6)

—

Temporary portable building: Not construction-related

—

Tourist home

—

Veterinary hospital or clinic

—

P, A

—

P, A

—

P, A

—

Vocational school

—

P, A

—

P, A

—

P, A

—

Water and wastewater treatment plan

—

P, A

—

P, A

•Definitions of uses are listed in Appendix A

KEY:

"—" Not Permitted;

"S" Permitted as a special use;

"A" Permitted as an accessory use;

"P" In OI-3, OI-4, and MH: Permitted as a principal use;

In all zones except OI-3, OI-4 and MH: For all uses except existing public elementary and secondary schools. Permitted as a pincipal use if floor are of proposed development is less than 20,000 square feet, and are of disturbed land is less than 40,000 square feet; otherwise permitted as a special use. The floor area threshold of 20,000 square feet for special usue does not apply to increasing the floor area in existing buildings in the town center-1, -2, and -3 zoning districts, so long as the redevelopment does not increase the building footprint or height (excluding HVAC equipment and screening thereof) and does not significantly alter the building's exterior. For existing public elementary and secondary schools, "P" indicates permitted as a principal use.

Note: The use groups established in the 2^nd column of Table 3.7-1 are used to determine whether a site plan is needed for a change in use (see Section 4.7.1(f), and the applicability of buffers (see Section 5.6.6, Schedule of Required Buffers).

Note: In zoning districts R-1, R-2, R-2A, and R-3, the "—" Not Permitted is effective until June 30, 2003, after which date dwelling unit, duplex shall become a "P" permitted as a principal use.

(Ord. No. 2004-02-23/O-2; Ord. No. 2007-02-26/O-5, § 3; Ord. No. 2009-03-09/O-6a, § 1; Ord. No. 2009-06-08/O-11; Ord. No. 2010-01-11/O-2, § 1b)

3.8. - Dimensional standards.

Purpose statement: It is the intent of this article to provide for performance standards which serve to define the development character of an area, and to ensure the compatibility of development both with the environmental characteristics, accessibility levels, and special amenities offered by the development site and with surrounding land uses and development intensities. It is further intended that the establishment of intensity regulations reflect the protection of critical environmental areas and the suitability of land for a particular level of development intensity, in accord with the goals and objectives of the comprehensive plan.

The setback and height regulations established in the dimensional matrix are intended to ensure adequate solar access, privacy, and ventilation; access to and around buildings, off-street parking areas, loading space, and service areas; space for landscaping; and spacing between buildings and portions of buildings to reduce potential adverse effects of noise, odor, glare, or fire. Adequate solar access is deemed to consist of varying levels of access ranging from rooftop solar access in high-intensity zoning districts to south wall solar access in low-intensity zoning districts.

3.8.1 Establishment of Dimensional Regulations

Except as otherwise specifically provided in this chapter, regulations governing the dimensions of lots and buildings are hereby established as shown in Table 3.8-1.

3.8.2 General Applicability of Dimensional Regulations

(a)

No land or structure shall be used or occupied, and no structure, or part thereof, shall be constructed, erected, altered, or moved except in compliance with the dimensional regulations herein specified for each zoning district.

(b)

No portion of land used in connection with an existing or proposed structure or use of land and necessary for compliance with the dimensional regulations of this article shall also be used, through sale or otherwise, as part of the land required in connection with any other development.

(c)

Except as otherwise provided in this chapter, dimensional regulations applicable to OI-3 and OI-4 zoning districts and planned development zoning lots shall be applied to the district or lot as a whole and not to individual parts thereof.

3.8.3 Exceptions to Setback and Height Regulations

(a)

The following features shall not be subject to the required minimum setbacks provided the town manager determines that such features do not significantly impair the degree of solar access provided adjacent properties through application of the appropriate solar setback requirements:

(1)

Roof overhangs which do not exceed thirty-six (36) inches in length;

(2)

Free-standing signs and projecting signs, provided such signs comply with the sign standards established in section 5.14

(3)

Fences and walls not exceeding six (6) feet in height;

(4)

Flagpoles, bridges, and transmission poles, towers, and cables; and

(5)

Patios, decks and swimming pools not exceeding three (3) feet in height, provided they are not constructed closer than five (5) feet from the property line of the zoning lot.

(b)

The following features may project above the building envelope defined by the maximum height limitations and additional setback requirements contained in Rules for Interpretation of Table 3.8-1, Columns (F) and (G), below, provided the town manager determines that such features do not significantly impair the degree of solar access provided adjacent properties through application of the appropriate solar setback requirements:

(1)

Chimneys, accessory radio or television antennas, flagpoles, monuments, cupolas, clock towers or decorative towers with a footprint not exceeding twenty (20) per cent (20) of the principal building, provided the projection of such structures above the building envelope does not exceed fifteen (15) per cent of the maximum height limitation that defines the portion of the building envelope penetrated by such structures; (Ord. No. 2004-02-23/O-2)

(2)

Steeples, or solar collectors, provided the projection of such structures above the building envelope does not exceed fifteen (15) per cent of the maximum height limitation that defines the portion of the building envelope penetrated by such structures;

(3)

Spires, smokestacks, water tanks, windmills, radio and television transmitting towers, or relay towers, provided such structures do not exceed in height the horizontal distance therefrom to the nearest lot line; and

(4)

Transmission poles, towers, and cables.

3.8.4 Transitional Control Intensity Modifications

(a)

In office/institutional—Three (3) districts, all development located within one hundred (100) feet of a residential district shall observe floor area ratios equal to those required for office/institutional—1 districts, as shown in Table 3.8-1.

(b)

In all nonresidential zoning districts and planned developments (TC-1, TC-2, TC-3, MU-V, CC, N.C., 0I-3, 0I-2, 0I-1, I PD-SC, PD-0I and PD-I), the following setback and height regulation modifications shall apply:

(1)

Minimum street setback across a street from residentially zoned land shall be equal to the street setback applicable in the residential district across the street. Except when MU-V development is separated from the residential district by an arterial street with a right-of-way of one hundred (100) feet or greater, in which case the setbacks of the underlying zoning district would apply.

(2)

Minimum interior setback adjacent to residentially zoned land shall be equal to the interior setback applicable in the adjacent residential district.

(3)

Minimum solar setback adjacent to residentially zoned land shall be equal to the solar setback applicable in the adjacent residential district. The primary height limitation applicable at any of the modified setbacks identified in subsections (1) through (3) above shall not exceed thirty-five (35) feet.

(4)

The primary height limitation applicable at any of the modified setbacks identified in (1)—(3) above shall not exceed thirty-five (35) feet.

3.8.5 Reserved.

3.8.6 Reserved.

Editor's note—

Ord. No. 2010-06-21/O-11, § 4, adopted June 21, 2010, repealed subsection 3.8.5, Housing Floor Area Restrictions for Major Subdivisions and subsection 3.8.6, Alternatives to Floor Area Restrictions of the Land Use Development Ordinance; provided, however, that in the event Section 2 of this ordinance No. 2010-06-21/O-11 is, subsequent to its enactment, ruled void or unenforceable in its entirety or in substantial part by a final order of a court of competent jurisdiction, Sections 3.8.5 and 3.8.6 shall be automatically reinstated without the need for further action by the Town Council.

3.8.7 Incentive for Residential Construction in Town Center (TC) Districts

The purpose of this section is to provide an incentive for the construction of dwelling units in the town center.

(a)

The amount of floor reserved for residential uses on new or expanded lots shall be excluded from the floor area ratio calculation as follows:

TC Residential Floor Area Bonus

	TC-1	TC-2
Multifamily dwellings	Up to 5% or 1,000 sf of floor area, whichever is less	Up to 5% or 1,000 sf of floor area, whichever is less
Vertical mixed use dwellings	Up to 15% or 15,000 sf of floor area, whichever is less	Up to 15% or 15,000 sf of floor area, whichever is less

3.8.8 Cluster Development

(a)

Generally.

The town encourages cluster developments as defined in Appendix A [Definitions]. Cluster developments, as defined in Appendix A [Definitions], require modification of lot size standards; individual lots may be somewhat smaller but the sum of reductions in lot area becomes common recreation area for the benefit of all residents of the cluster development. The recreation area is increased and the intensity of development is controlled. Cluster developments also allow the developer greater design flexibility and will permit reasonable use of land with difficult topography.

(b)

Approval requirements.

The town council may approve a cluster development in any residential district if it finds that:

(1)

The tract proposed for cluster development is at least two (2) acres in size.

(2)

Public, separate, water supply and sewerage connections are available for every subdivided lot.

(3)

The total number of lots proposed for the tract, excluding parcels of reserved recreation area, is not greater than the number determined by multiplying the total gross land area by the maximum density established in section 3.8 for that zoning district.

(4)

The recreation area reserved within the tract shall conform to the recreation area standards of section 5.5

(5)

The minimum amount of land reserved as recreation area shall be the sum of all reductions in minimum gross land area as a result of the cluster form of development, combined with the minimum recreation area reservation required in section 5.5. Only the minimum recreation area reservation required in section 5.5 may be dedicated outside the boundaries of the land being subdivided as specified in section 5.5.2.

(c)

Reductions in lot and setback requirements.

For lots created as part of a cluster development, minimum gross land area, minimum lot width, and minimum setback requirements may be reduced as follows:

(1)

Minimum lot size requirements specified in section 3.8 may be reduced to five thousand, five hundred (5,500) square feet gross land area.

(2)

Minimum lot width requirements specified in section 3.8 for R-LD5, R-LD1, R-1A, R-1, R-2A, and R-2 zoning districts may be reduced to fifty (50) feet.

(3)

Minimum street setback requirements specified in Section 3.8 may be reduced to ten (10) feet except where the street lot line forms an exterior boundary of the cluster development.

(4)

Minimum interior setback requirements specified in Section 3.8 for R-LD5, R-LD1, R-1A, R-1, R-2A, and R-2 zoning districts may be reduced to eight (8) feet except where the interior lot line forms a boundary of the cluster development.

(5)

Minimum solar setback requirements specified in Section 3.8 for R-LD5, R-LD1, R-1A, R-1, R-2A, and R-2 zoning districts may be reduced to ten (10) feet except where the north lot line forms a boundary of the cluster development.

(d)

Floor area ratios and impervious surface limitations.

For lots created as part of a cluster development, floor area ratios and impervious surface limitations, as shown in Table 3.8-1, shall be calculated using the gross land area of the lot or the minimum lot size for the zoning district, whichever is greater.

[Dimensional Matrix begins on next page]

Table 3.8-1: Dimensional Matrix

(A)	(B)	(C)	(D)	(E)	(F)	(G)	(H)	(I)	(J)	(K)	(L)
Zoning district	Minimum lot size	Maximum density	Minimum frontage	Minimum lot width	Maximum building height (Primary)	Maximum building height (Secondary)	Minimum street setback	Minimum interior setback	Minimum solar setback	Impervious surface ratio	Maximum floor area ratio
R-LD5	217,800	0.2	200	250	29	35	30	16	20	.24/.5/.7	.025
RT	100,000	0.4	160	200	29	35	30	16	20	.24/.5/.7	.031
R-LD1	43,560	1.0	100	125	29	35	30	16	19	.24/.5/.7	.047
R-1A	25,000	2.0	80	100	29	38	29	15	18	.24/.5/.7	.062
R-1	17,000	3.0	64	80	29	40	28	14	17	.24/.5/.7	.076
R-2A	14,500	3.5	56	70	29	50	27	10	12	.24/.5/.7	.087
R-2	10,000	4.0	52	65	29	50	26	11	13	.24/.5/.7	.093
R-3	5,500	7.0	40	50	29	60	24	8	11	.24/.5/.7	.162
R-4	5,500	10.0	40	50	34	60	22	8	9	.24/.5/.7	.230
R-5	5,500	15.0	40	50	39	60	20	6	8	.24/.5/.7	.303
R-6	5,500	15.0	40	50	39	60	20	6	8	.24/.5/.7	.303
R-SS-C	N/A	N/A	N/A	N/A	39	60	10	0	N/A	.24/.5/.7	1.10"
TC-1	N/A	N/A	12	15	44	60	0	0	0	N/A	1.97
TC-2	N/A	N/A	12	15	44	90	0	0	0	N/A	1.97
TC-3	N/A	N/A	12	15	44	120	0	0	0	N/A	4.00
CC	5,500	15.0	40	50	34	60	22	8	9	.24/.5/.7	.429
N.C.	5,500	10.0	40	40	34	60	24	8	11	.24/.5/.7	.264
OI-1	5,500	10.0	40	50	29	60	24	8	11	.24/.5/.7	.264
OI-2	5,500	15.0	40	40	34	60	22	8	9	.24/.5/.7	.264
OI-3	2,000	N/A	15	15	N/A	N/A	0	0	0	.24/.5/.7	.566
OI-4	2,000	N/A	12	15	N/A	N/A	0	0	0	N/A	N/A
I	17,000	N/A	64	80	26	50	26	11	13	.24/.5/.7	.071
MH	100,000	N/A	160	200	29	35	30	16	20	.24/.5/.7	.019
MU-OI-1	N/A	N/A	N/A	N/A	44	90	0	0	0	.24/.5/.7	.264
MU-R-1	N/A	N/A	N/A	N/A	29	90	0	0	0	.24/.5/.7	.076
MU-V arterial	5,500	20.0	80	62	70	114	0	0	20	.24/.5/.7	1.2
MU-V collector	5,500	15.0	40	50	44	90	0	0	20	.24/.5/.7	.500
MU-V local	5,500	15.0	70	40	32	40	0	0	17	.24/.5/.7	.500

Rules for Interpretation of Table 3.8-1:

Generally. The requirements for the parameters set forth in Columns (B) through (L), above, relate to the zoning district specified in the row under Column (A), above. Refer to Appendix A for definitions of "Building Envelope" and "Height." The notation "N/A" indicates that the requirement does not apply within the particular zoning district. The dimensions specified in Columns (D) through (J) are expressed in linear feet. The dimensions specified in Column (B) are expressed in square feet. Columns (K) and (L) are ratios applied to the gross land area of a site. Rules of interpretation and additional standards for setback and height requirements are set forth in the Lot Layout Standards (Section 5.2 of this Chapter).

Existing lots of record as of December 7, 1992, which are subsequently rezoned to R-LD5 can be subdivided to create up to three (3) lots of not less than two (2) acres gross land area in size each; provided, however the remaining land shall be developed with a minimum lot size of at least five (5) acres gross land area for each lot, and provided that no lot created under this exemption shall have a new direct access onto an arterial street.

Column (A): Column (A) refers to the applicable Zoning District.

Column (B): The minimum lot size figures are expressed in square feet. Where a zoning lot is located in more than one zoning district, the minimum gross land area required of such zoning lot shall be the sum of the areas derived by multiplying the minimum gross land area required for each represented district by the proportion of the zoning lot located within that district. For all dwellings, except single-family, the minimum lot size is two (2) times the figures shown in Column (B).

Column (C): Applies to all residential uses except single-family dwellings. The maximum density requirements (Column (C)) are expressed in dwelling units per gross acre.

Column (D): Where a zoning lot fronts on two (2) or more streets, minimum street frontage width requirements shall be considered met if the frontage along any one of such streets meets the minimum street frontage width requirements. Where a zoning lot fronts on a turning circle of a cul-de-sac or at a point of a street where the radius of the curvature of the right-of-way is less than ninety (90) feet, the minimum street frontage width requirement shall be thirty (35) feet.

Column (E): The width of a zoning lot shall equal or exceed the required minimum lot width for a depth of at least twenty-five (25) feet from the minimum street setback. Except for an authorized flag lot, no portion of a lot, created as part of a subdivision, between a street setback and the opposite interior (rear) setback, shall be less than twenty (20) feet in width. Where a zoning lot fronts on two (2) or more streets, minimum lot width requirements shall be considered met if the lot width at the street setback from any one of such streets meets the minimum lot width requirement. Where a zoning lot fronts on a turning circle of a cul-de-sac or at a point of a street where the radius of the curvature of the right-of-way is less than ninety (90) feet, the minimum lot width shall be reached at a distance derived by the following formula: D = 50 (W) (35) - 50, where W = minimum required lot width, and D = maximum distance from street right-of-way to where the lot width equals the minimum required width for that district. Flag lots shall reach the minimum lot width at a point not to exceed 200 feet from the street right-of-way.

Columns (F) and (G): (Note definition of "Building Envelope" in Appendix A). Building height is expressed in feet. Column (F) refers to height at the setback lines, while Column (G) imposes an absolute maximum in the event that upper floors contain additional setbacks as described below. Except where provided for additional setbacks in subsections (1) and (2), below, or where otherwise specifically provided by this chapter, no structure, or part thereof, shall project beyond the building envelope defined by the minimum street, interior, and solar setbacks and the maximum heights established in the dimensional matrix for the zoning district in which such structure is located. For purposes of applying the following setback and height regulations to development within an OI-3 or OI-4 zoning district or within a townhouse development or a planned development, all contiguous land within the district, townhouse development, or planned development shall be considered as a single zoning lot. Height may exceed the primary height limit (Column (F)), up to the amount established in the secondary height limit (Column (G)), in accordance with the following:

Except for the town center, mixed use zoning districts, office/institutional-3, and office/institutional-4 zoning districts, the height of a structure may exceed the primary height limitation established in the dimensional matrix, provided that for each foot the height of such structure exceeds the primary height limitation, the minimum street, solar, and interior setbacks applicable to that portion of the structure exceeding the primary height limitation shall be increased by two (2) feet.

In the town center, mixed use zoning districts, office/institutional-3, and office/institutional-4 zoning districts, the height of a structure may exceed the primary height limitation established in the dimensional matrix provided that for each foot the height of such structure exceeds the primary height limitation, the minimum street and interior setbacks applicable to that portion of the structure exceeding the primary height limitation shall be increased by one foot, and the minimum solar setback applicable to that portion of the structure exceeding the primary height limitation shall be increased by one and seven-tenths (1.7) feet.

If a structure is located in the vicinity of an airport, the height limitations set forth in Federal Aviation Regulations, Part 77, or successor regulations, shall apply where such limitations are stricter than those established in this appendix.

Columns (H): Column (H) establishes a minimum setback from the street right-of-way line. Where a zoning lot fronts on a street with a right-of-way width not meeting the standards of this appendix, street setback shall be measured from a line running parallel to the centerline of the street at a distance from such centerline equal to one-half (1/2) the standard right-of-way width for the street. The town manager or town council may exempt lots from this requirement upon making one of the following findings:

• Where a building line has already been established by existing structures along the block which are situated on lots comprising at least twenty-five (25) per cent of the street frontage, the building may be constructed at the established building line; or

• The existing right-of-way is adequate to encompass any anticipated need for widening of the street or other improvements, and widening of the right-of-way to town standards would create nonconforming street setbacks for other structures on the street.

Column (I): The interior setback requirements may be reduced to zero (0) under certain conditions (see section 5.2.8.). Additional setbacks are required for height increases as set forth in the reference notes to Column (H), above. Side setbacks are set at zero (0) in many non-residential districts in order to encourage the formation of a street wall, as is found in traditional commercial centers such as the TC district along Franklin Street.

Column (J): The solar setback may be reduced to zero (0) under certain conditions (see section 5.2.8). Minimum solar setback requirements shall not apply to any structure, or part thereof, where it is demonstrated to the town manager that the extent of the shadows projected for such structure at noon on the winter solstice does not exceed the maximum horizontal shadow pattern permitted by application of the minimum solar setback and maximum height limitations. Where a solar setback and either a street or interior setback both apply to the same portion of a lot line, the required minimum setback shall be the greater of the two (2).

Column (K): For areas located within the watershed protection district, impervious surface is regulated under the provisions of section 3.6.4 of this appendix. For areas not located in the watershed protection district, the following impervious surface restrictions apply to all new development except single-family and two-family dwellings constructed or to be constructed on existing lots created prior to January 27, 2003 (or for which a preliminary plat has been approved by the town council prior to that date):

(1)

The maximum amount of new impervious surface on a lot, including building footprints and paved parking areas, is derived by multiplying the gross land area of the lot by the ratio established in Column (K). The impervious surface ratio is .24 under a low-density option, as defined in Table 3.6.4-1. For residential development under a high-density option, as defined in Table 3.6.4-1, the impervious surface ratio is .50. For development with a non-residential component, under a high-density option as defined in Table 3.6.4-1, the impervious surface ratio is .70.

(2)

Impervious surface restrictions shall not apply to town center zoning districts.

(3)

Lakes/ponds shall not be considered to be impervious surfaces.

(4)

Existing impervious surface on a lot as of January 27, 2003, shall not be included in impervious surface calculations, and shall not be considered to be a nonconforming feature.

For lots outside of the Watershed Protection District smaller than ten thousand (10,000) square feet, the maximum amount of impervious surface under the low-density option shall be forty (40) per cent.

Column (L): Maximum floor area allowed shall be the number of square feet derived by multiplying gross land area by the applicable floor area ratio (FAR), as shown in Table 3.8-1. A maximum floor area ratio shall not apply to public cultural facilities or single-family dwelling units (with or without an accessory apartment). Where a lot is partially within the resource conservation district, the maximum allowable floor area of the portion of the lot outside of the resource conservation district shall be calculated as the sum of: (a) the product of (1) the floor area ratio of the portion of the zoning lot outside the resource conservation district, and (2) the area, in square feet, of the portion of the zoning lot outside the resource conservation district; and (b) the product of (1) the floor area ratio applicable to a permitted use in the resource conservation district, and (2) the area, in square feet, of the portion of the zoning lot within the resource conservation district.

For two-family duplex dwellings on a single zoning lot, the floor area ratio shall be .40 in all zones and overlay zones.

For public elementary and secondary schools, the maximum floor area ration shall be .174 unless a higher floor area ratio is established in Column (L).

(Ord. No. 2004-02-23/O-2; Ord. No. 2005-10-10/O-6, § 2; Ord. No. 2007-02-26/O-3a, §§ 4, 5; Ord. No. 2007-02-26/O-5, §§ 4, 5; Ord. No. 2008-04-28/O-4, § 1; Ord. No. 2008-11-24/O-4, § 3; Ord. No. 2009-04-15/O-4; Ord. No. 2010-06-21/O-1, § 1; Ord. No. 2010-06-21/O-11, § 4)

3.9. - Incentive zoning.

Purpose statement: It is the intent of this section to provide for increased levels of allowable development intensities as incentive for the provision of certain public benefits beyond those normally required by this appendix or provided by private developers.

3.9.1 Bonus Criteria.

(a)

An applicant may be granted a density bonus by the town council by establishing any of the incentive items as described in Column (A) in Table 3.9-1 herein consistent with the standards described in Columns (B) and (C) of Table 3.9-1.

Table 3.9-1: Bonus Density Chart

(A) Incentive item	(B) Criteria	(C) Bonus calculation
Redevelopment	Redevelopment of existing shopping centers.	For each 100 spaces of surface parking converted to structured parking on an area not exceeding 20% of the site area, an additional 20,000 feet of floor area may be constructed.

3.9.2 Transfer of Development Rights

Purpose: This section establishes procedures for transferring densities from sending to receiving parcels. At the voluntary request of the landowners in the sending areas and the receiving areas, the town may increase densities in the receiving areas and reduce densities in the sending areas.

(a)

Sending areas created.

(1)

The resource conservation district is hereby designated as a "sending area" for purposes of this section. Severable development rights are hereby created in the resource conservation district (RCD).

(2)

For purposes of this subsection, "development potential" means the number of dwelling units or floor area permitted by the provision of section 3.6.3.

(3)

Documentation of compliance with the requirements for eligibility as a sending area shall be submitted with the application for development approval requesting an increase in density in the receiving area provided.

(b)

Receiving districts designated.

Severable development rights may be exercised only in conjunction with the development or subdivision of any parcel of land that is located in a receiving district. A parcel of land which receives developments rights pursuant to this section shall be referred to as a "receiving district." The following districts are hereby designed as receiving districts for purposes of transferring severable development rights:


TC-1, TC-2, TC-3	Town center districts
TOD	Transit-oriented development districts
CC	Community commercial
N.C.	Neighborhood commercial
OI-1	Office/institutional-1
OI-2	Office/institutional-2
OI-3	Office/institutional-3
I	Industrial
MH	Materials handling
MU-OI-1	Mixed use-OI-1
MU-R-1	Mixed use-R-1
MU-V	Mixed use-village

(c)

Recordation of transfer of development rights.

(1)

Conditional zoning district.

No development rights shall be used on the receiving site until a conditional zoning district has been approved as provided herein. The conditional zoning district shall include a condition requiring recordation of a deed in accordance with the requirements of subsection (2), below.

(2)

Dedication.

Prior to issuance of a building permit, the owner of the transferor parcel shall record a deed in the chain of title of the transferor parcel expressly restricting the use of the land in perpetuity to open space, agricultural lands or street/road right-of-way. The deed restriction shall be expressly enforceable by the town council, and a boundary plat for the transferor parcel shall be recorded reflecting the restriction.

(d)

Evidence of restriction required for development approval.

A developer of a receiver site must submit, in conjunction with his/her application for development approval, evidence that the transferor parcel has been restricted to non-development uses and that a boundary plat has been recorded in accordance with the above provisions. No plat for a subdivision in conjunction with which severable development rights are exercised shall be recorded by the register of deeds, and no new building, or part thereof, or addition to or enlargement of an existing building, that is part of a development project in conjunction with which severable development rights are exercised shall be occupied, until documents have been recorded in the office of the register of deeds transferring title from the owner of the severable development rights to the receiver.

(Ord. No. 2007-02-26/O-5, § 6)

3.10 - Inclusionary zoning.

Purpose statement. This section promotes the public health, safety and welfare of the town by promoting housing of high quality located in neighborhoods throughout the community for households of a variety of income levels, ages and sizes in order to meet the town's goal of preserving and promoting a culturally and economically diverse population in our community.

Based upon the review and consideration of reports and analyses of the housing supply in the town, the town finds and determines that the diversity of its housing stock has declined for many reasons including increasing property values and construction costs. The town recognizes the need to provide affordable housing to households of a broad range of income levels in order to maintain a diverse population and to provide housing for those who live or work in the town. Without intervention, the trend toward rising housing prices will result in an increasingly inadequate supply of affordable housing for town residents and local employees, which will have a negative impact upon the ability of local employers to maintain an adequate local work force and will otherwise be detrimental to the public health, safety and welfare of the town and its residents. Since the remaining land appropriate for new residential development within the town is limited, it is essential that a reasonable proportion of such land be developed into housing units affordable to low- and moderate-income households and working families. The town finds and determines that additional market rate development would displace and eliminate opportunities for additional affordable housing in the town unless the restrictions on use established by this section are included. This displacement would create the following threats to the health, safety, or the general welfare of the community:

• Increases in travel time and distances for persons who provide services or are employed in the town, but who cannot find decent, affordable shelter, which in turn increases traffic congestion, reduces air and water quality, and has an adverse impact on public health resulting from excessive commuting; and

• An imbalance in population diversity; and

• Inconsistency with the vision for future development and the specific policies of the town's comprehensive plan.

The regulations set forth in this section further a key goal of the town's comprehensive plan: to create and preserve affordable housing opportunities. The regulations also support other goals of the town including the reduction of traffic congestion and associated air pollution; and the prevention of sprawl through the maintenance of the urban services boundary. Documentation exists demonstrating that the construction of residential dwelling units in Chapel Hill generates need for affordable housing for workers and families. These regulations are intended to provide a structure for cooperative participation by the public and private sectors in the production of affordable housing.

3.10.1 Applicability and Minimum Project Size.

(a)

Single-family and two-family units. This section applies to all development that includes:

(1)

At least five (5) single-family dwelling units or two-family dwelling units; or

(2)

At least five (5) single-family lots; or

(3)

Two-family lots in which six (6) or more residential units are allowed by the Chapel Hill Land Use Management Ordinance, either individually or as part of the same subdivision.

(b)

Multifamily units. This section applies to all development that includes:

(1)

New development that creates at least five (5) multifamily dwelling units; or

(2)

Any vertical mixed use building that creates at least five (5) multifamily dwelling units; or

(3)

Renovation or reconstruction of an existing building that contains multifamily dwelling units, and that increases the number of dwelling units from the number of dwelling units in the original structure by at least five (5); or

(4)

Any change in use of all or part of an existing building from a nonresidential use to a residential use that has at least five (5) dwelling units.

3.10.2 Affordable Dwelling Units or Lots Required.

(a)

General requirement. A development that is subject to this section shall provide the number of affordable dwelling units required by Table 3.10-1, below.

Table 3.10-1 Inclusionary Zoning Requirements

	(A) Town Center: TC-1, TC-2, and TC-3	(B) Balance of Planning Area (Town Limits, ETJ, Joint Planning Chapel Hill Transition Area)
Description	TC-1, TC-2, and TC-3 zoning districts	All other zoning districts
Set-aside requirement	10%⁽¹⁾	15%
Density bonus (see subsection (d), below)	not applicable	15% with the exception of R-SS-C and MU-V zoning districts
Floor area bonus for two-family or multifamily dwelling units (see subsection (e), below)	3,400 square feet per affordable dwelling unit if building has no interior common elements; or 4,400 square feet per affordable dwelling unit for buildings with interior common elements.	3,400 square feet per affordable dwelling unit if building has no interior common elements; or 4,400 square feet per affordable dwelling unit for buildings with interior common elements, with the exception of R-SS-C and MU-V zoning districts

⁽¹⁾ The set-aside requirement for the town center is reduced in order to address differences in development potential, development style, development costs, and to accommodate the town's policies relating to urban form.

(b)

Calculation of units required.

(1)

For development of multifamily dwelling units:

The required number of affordable dwelling units is based on the total number of dwelling units that are approved by the town.

To calculate the number of affordable dwelling units required in a development subject to these regulations, the total number of approved unrestricted units shall be multiplied by the per centage established in subsection 3.10.2(a), above. If the product includes a fraction, the fraction of a unit shall be provided in the form of a payment in lieu of providing dwelling units, as described in section 3.10.3.

If the property is redeveloped or expanded, additional affordable dwelling units shall be provided and shall be based upon the additional units approved by the town. A requirement to provide affordable dwelling units shall be triggered if the resulting number of units is five (5) or more greater than what already exists.

(2)

For subdivision proposals:

Each lot that is large enough for only one (1) single-family dwelling unit or that is limited by restrictive covenants to development only with a single-family dwelling unit is counted as one (1) single-family dwelling unit.

In zoning districts where a two-family dwelling unit is a permitted use, each lot that is large enough for a two-family dwelling unit is counted as two (2) dwelling units.

The minimum number of affordable dwelling units for a subdivision is determined by multiplying the number of dwelling units permitted on lots in the approved subdivision, as calculated according to subsections 3.10.2(b)2.A. and 3.10.2(b)2.B, above, by the per centage specified in subsection 3.10.2(a). If the product includes a fraction, the fraction of a unit shall be provided in the form of a payment in lieu of providing dwelling units, as described in section 3.10.3.

(c)

Location of affordable dwelling units. Except as otherwise specifically authorized by this section, the affordable dwelling units shall be located within the development subject to these regulations.

(d)

Development bonuses. It is the intent of the town to facilitate the provision of affordable housing and compliance with these requirements by incorporating development bonuses to accompany and support the affordable housing requirements. These bonuses are described as follows, and set out in Table 3.10.1:

(1)

The density bonus is computed by multiplying the maximum number of dwelling units approved in the zoning district (see section 3.8, Table 3.8-1, Maximum Density) by the density bonus per centage established in Table 3.10-1, above.

(2)

For subdivisions, if the applicant elects to use a density bonus, the minimum lot size required by section 3.8 may be reduced by up to twenty-five (25) per cent to accommodate the additional lots.

(3)

The floor area bonus for single-family and multifamily dwelling units is calculated by multiplying the bonus for affordable dwelling units established in Table 3.10-1 by the total number of affordable dwelling units including any fractions.

(e)

Rental units. Nothing required by section 3.10 shall be construed to establish rent control. Where the zoning district allows multifamily dwelling units, the applicant may substitute rental units for units intended for sale, pursuant to an approved affordable housing performance agreement (see section 3.10.4, below). If rental units are added, they are added voluntarily by the developer/property owner.

(f)

Floor area. Each affordable dwelling unit must have the minimum floor area established in Table 3.10-2 below. For each unit type and category, the developers may choose to construct larger units. However, allowable sales or rental prices for the larger units may not exceed the maximum set forth in the agreements and restrictions recorded as required in section 3.10.4.

Table 3.10-2 Minimum Net Livable Square Footage

Unit Type	Attached Units	Detached Units
Efficiency apartment	500*	—
1 Bedroom	700*	1,000*
2 Bedroom	850*	1,100*
3 Bedroom	1100*	1,200*
4 or more bedrooms	1,200 plus 250 square feet per additional bedroom above 4*	1,300 plus 285 square feet per additional bedroom above 4*

*If unrestricted, market rate units in a building are constructed at sizes below those stated in Table 3.10.2, the minimum floor area for affordable units may be reduced to the size of such comparable unrestricted units in the building.

3.10.3 Alternatives to On-Site Development of Affordable Housing Units.

(a)

This section 3.10.3 provides alternatives to the construction of affordable dwelling units onsite as a way to comply with this section. The alternatives are listed in subsection (d), below.

(b)

The alternatives must be:

(1)

Approved by the town council, or approved by the planning board in circumstances where the planning board has final approval authority; and

(2)

Agreed to by the applicant in an affordable housing performance agreement (see section 3.10.4).

(c)

This section does not apply unless the applicant demonstrates to the satisfaction of the town council or the planning board, in circumstances where the planning board has final authority, the following:

(1)

The alternative provides an equivalent amount of affordable dwelling units in a way that the town council or planning board determines better achieves the goals, objectives and policies of the comprehensive plan than providing them on-site; or

(2)

Providing on-site affordable dwelling units is not economically feasible and the alternative means of compliance:

Will further affordable housing opportunities in the town to an equivalent or greater extent than constructing affordable dwelling units on-site as required by section 3.10.2; and

Will not cause the town to incur any net cost as a result of the alternative compliance mechanism; or

(3)

It is impossible to provide the units on-site because of federal or state law.

(d)

The town council, or the planning board, in circumstances where the planning board has final authority, may approve one or more of the following options to providing affordable dwelling units that are required by this section.

(1)

Land dedication. Obligations may be satisfied by dedication of land in lieu of providing affordable housing on-site, as follows:

The land shall be dedicated to the town or its designee.

The land shall be located within the Town of Chapel Hill's urban services boundary, and shall be suitable for development as determined by the town council.

The value of land to be dedicated in satisfaction of this alternative means of compliance and its suitability shall be determined, at the cost of the developer, by an independent certified appraiser and by such alternative and means of valuation as approved by the town council, or the planning board, in circumstances where the planning board has final authority, .

Land deeded to the town must be zoned such as to allow construction of at least that number of dwelling units for which the obligation of construction is being satisfied by the dedication of land. Land so deeded to the town or its designee shall be of equivalent or greater value than the payment in lieu contribution that would be required under this section; or, if the land is of lesser value, dedication of the land shall be accompanied by a payment in lieu equivalent to the difference. The land shall be served by adequate infrastructure (water, sewer, roads) to allow construction of residential dwelling units. The deed shall convey a fee simple interest at no cost to the town.

(2)

Dedication of existing units. Restricting existing dwelling units which are approved by the town council, or the planning board, in circumstances where the planning board has final authority, as suitable affordable housing dwelling units through covenants, contractual arrangements, or resale restrictions. The town manager shall determine whether the form and content of the restrictions comply with this section. Off-site units shall be located within the Town of Chapel Hill or its extraterritorial jurisdiction or joint planning area. The restriction of such existing units must result in the creation of units that are of equivalent value, quality, and size of the permanently affordable dwelling units which would have been constructed on-site if this alternative had not been utilized. Where a proposed development consists of ownership units, units created under this section shall be ownership units. The value of dwelling units created pursuant to this section as a way of meeting the permanently affordable dwelling unit requirement shall be determined, at the expense of the developer, by a certified appraiser or by such alternative means of valuation as approved by the town council, or the planning board, in circumstances where the planning board has final authority.

(3)

Off-site construction of affordable housing within the incorporated areas of the town joint planning area or its extraterritorial jurisdiction. Off-site construction of units should be located in proximity to public transit service. Such construction should not be located in environmentally sensitive areas, including property that would only be built upon with approval of an RCD variance or steep slope variance.

(4)

A payment in lieu of housing. The town council may approve a payment in lieu (hereinafter a "payment") of providing affordable dwelling units, in accordance with the criteria established below. The town council shall establish the payment amounts by resolution.

Applicability. The town council, or the planning board, in circumstances where the planning board has final authority, may accept a payment for all or part of the affordable housing obligation imposed by this section. A payment may be approved if:

The calculation of the housing obligation results in a fractional number of units, in which case the fractional amount shall be fulfilled with a payment in lieu; or

The payment provides opportunity for an equivalent or greater amount of affordable dwelling units in a way that the town council, or the planning board, in circumstances where the planning board has final authority, determines better achieves the goals, objectives, and policies of the comprehensive plan.

Amount of payment.

Each year, affordable housing agencies actively involved in producing affordable housing will be asked to provide the town council with a list of new affordable units from the past fiscal year and to specify for each unit the dollar amount of subsidy needed to make each unit affordable. The per unit average of the subsidies will be calculated, and this average will be multiplied by the average per cent increase in the cost of new homes constructed in the Town of Chapel Hill for that fiscal year. The result will be the payment in lieu fee for the coming year.

The council shall annually establish the per unit payment amount.

For purposes of determining the total payment amount, the per unit amount established by the town pursuant to paragraph B.1, above, shall be multiplied by fifteen (15) per cent of the number of units approved in the development. For purposes of this calculation, fractional amount shall be taken to the second decimal point and shall not be rounded up or down. If the cash payment is in lieu of providing one or more but not all of the required units, the calculation of required affordable dwelling units shall be prorated.

Use of payment. The payment shall be made to the town and reserved to be used for affordable housing purposes.

(5)

An alternative proposed by the applicant that directly provides or enables the provision of affordable housing units within the town extra territorial jurisdiction or joint planning area. The alternative shall be approved by the town council, or the planning board, in circumstances where the planning board has final authority, and made a condition of approval of the application.

3.10.4 Affordable Housing Plan.

(a)

Applicability. Applications that are subject to this section shall include an affordable housing plan as described below. An affordable housing plan describes how the application complies with each of the applicable requirements of this section.

(b)

Approval.

(1)

The affordable housing plan shall be approved along with the application.

(2)

Minor modifications to the plan are subject to approval by the town manager. Major modifications are subject to approval by the town body that originally approved the application and will be considered upon petition from the applicant. Items that are considered major and minor may be designated in the affordable housing plan.

(c)

Contents. The affordable housing plan shall include at least the following:

(1)

General information about the nature and scope of the development subject to these regulations.

(2)

For applicants that request an alternative to on-site provision of affordable housing, evidence that the proposed alternative will further affordable housing opportunities in the town to an equivalent or greater extent than compliance with the otherwise applicable on-site requirements of this section.

(3)

The total number of market rate units and affordable dwelling units in the development.

(4)

The number of bedrooms and bathrooms in each affordable dwelling unit.

(5)

The approximate square footage of each affordable dwelling unit.

(6)

The approximate location within any multifamily residential structure, or any subdivision of land, of each affordable dwelling unit.

(7)

The pricing for each affordable dwelling unit or lot. The pricing of each unit or lot shall be determined at time of approval. At time of sale this price may be adjusted if there has been a change in the median income or a change in the formulas used in this ordinance.

(8)

The order of completion of market rate and affordable dwelling units.

(9)

Documentation and specifications regarding the exterior appearance, materials and finishes of the development for each of the affordable dwelling units, unless it is stated that market rate units and affordable dwelling units shall have identical exterior finishes. It is strongly encouraged that the appearance of affordable units be comparable to the appearance of market-rate units.

(10)

Documentation of features incorporated into the design of the affordable dwelling units that accommodate lifelong living and aging in place. Examples of such features, also referred to as components of "universal design," are elements that provide increased accessibility to and throughout the dwelling such as accessible points of entrance to the dwelling, wider doorways, and bedrooms accessible without steps.

(11)

Documentation of the extent to which construction of the affordable units incorporates energy-efficient and durable design and materials, to minimize ongoing maintenance costs for those units.

(12)

Any and all other information that the town manager may require that is needed to achieve the council's affordable housing goals.

3.10.5 Recorded Agreements, Conditions and Restrictions.

(a)

An affordable housing performance agreement shall be executed between the town and an applicant, in a form approved by the town attorney, based on the affordable housing plan described in section 3.10.5, which formally sets forth development approval and requirements to achieve affordable housing in accordance with this ordinance and location criteria. The agreement shall identify:

• The location, number, type, and size of affordable housing units to be constructed;

• Sales and/or rental terms; occupancy requirements;

• A timetable for completion of the units; and

• Restrictions to be placed on the units to ensure their permanent affordability and any other terms contained in the approval resolution by the town council or planning board as applicable.

• If land is to be conveyed as part of compliance with these requirements, the agreement will identify the land to be conveyed, its fair market value, and the time at which the land will be conveyed.

• If a payment in lieu of housing fee is to be part of compliance with these requirements, the agreement shall identify the amount of fees to be paid and the time of payment.

(b)

The applicant or owner shall execute any and all documents deemed necessary by the town manager, including, without limitation, restrictive covenants and other related instruments, to ensure the permanent affordability (see section 3.10.10) of the affordable housing units or lots in accordance with this section.

(c)

The applicant or owner must prepare and record all documents, restrictions, easements, covenants, and/or agreements that are specified by the town council (or planning board, as appropriate) as conditions of approval of the application prior to issuance of a zoning compliance permit for any development subject to this section.

(d)

Documents described above shall be recorded in the Orange or Durham County Registry of Deeds as appropriate.

3.10.6 Development Cost Offsets.

(a)

Development cost offsets. Along with provisions outlined in subsection 3.10.2(d) related to density bonuses accompanying these inclusionary housing requirements, the town also agrees to waive certain development-related fees for projects that are subject to these requirements. If an application proposes development in compliance with the provisions of section 3.10 of this ordinance, otherwise applicable town application fees, building permit fees, plan review fees, inspection fees, and such other development fees and costs which would otherwise be due shall be waived for the affordable dwelling units component of the application. If application fees are paid for a proposed development that subsequently adds additional affordable dwelling units to the development plan, a pro rata refund of such fees shall be provided to the applicant upon approval of the development to reflect the additional affordable units. This waiver does not apply to any market rate units, or to any fees associated with water, wastewater, or stormwater.

(b)

Application. Waiver requests must be submitted in writing and can only be granted when the affordable housing agreement is fully executed.

3.10.7 Integration of Affordable Housing Units.

(a)

Location of affordable housing units. The affordable housing performance agreement (as described in subsection 3.10.4(a)) shall include description of the location of affordable housing units. Affordable housing units or lots shall be located within the development subject to these regulations, unless the applicant is granted an exception or alternative to providing on-site housing as described in section 3.10.3. Affordable units shall be sited in multiple locations within the development subject to these regulations. The locations shall be approved by the town manager.

(b)

Phasing of construction. The affordable housing plan and the affordable housing performance agreement shall include a phasing plan that provides for the timely and integrated development of the affordable housing units as the development project subject to these regulations is built out. The phasing plan shall provide for the development of the affordable housing units concurrently with the market rate units. Zoning compliance permits shall be issued for the development project based upon the phasing plan. The phasing plan shall be approved by the town manager prior to the issuance of any zoning compliance permit. Subsequent to approval, the phasing plan may be adjusted by the town manager when necessary in order to account for the different financing and funding environments, economies of scale, and infrastructure needs applicable to development of the market rate and the affordable housing units.

(c)

Exterior appearance. The exterior appearance of the affordable housing units in any development subject to these regulations shall be compatible in style and quality with the market rate units in the development, subject to town manager approval.

(d)

Number of bedrooms in the affordable units. The affordable housing units shall have a number of bedrooms in the approximate same proportion as the market rate units. Where this calculation results in a fraction in the number of affordable units having a specified number of bedrooms, the number of bedrooms in the affordable units shall be established in the affordable housing plan to be approved by the manager. In any such plan, the number of units with the higher fraction shall be favored. (By way of illustration, if a calculation based on the first sentence of this paragraph results in three and one-quarter (3.25) three-bedroom affordable units and three and three-quarters (3.75) two-bedroom affordable units, the approved plan shall include three (3) three-bedroom affordable units and four (4) two-bedroom affordable units.)

3.10.8 Target Income Levels for Pricing of Affordable Housing Units or Lots.

(a)

In development projects subject to these regulations, at least one affordable housing unit or lot and at least fifty (50) per cent of the affordable housing units or lots shall be offered for sale to low-income households at a price that on average is affordable to a household with an annual income that is at or below sixty-five (65) per cent of area median income, based on household size for the Durham-Chapel Hill Metropolitan Statistical Area, as determined by the United States Department of Housing and Urban Development (HUD).

(b)

Any remaining affordable units or lots shall be sold to low-income households at a price that is affordable to a household with an annual income that is at or below eighty (80) per cent of area median income, based on household size for the Durham-Chapel Hill Metropolitan Statistical Area, as determined by the United States Department of Housing and Urban Development (HUD).

(c)

At the time of first sale of an affordable housing unit or lot, the developer shall be required to execute and record any documents necessary to ensure and maintain the number and sales conditions of affordable housing units or lots as specified in section 3.10.10 and required by this chapter.

3.10.9 Price of Affordable Dwelling Units or Lots.

The price of affordable dwelling units offered by the developer shall be established such that the total cost of mortgage principal and interest, property taxes, homeowners and condominium association fees, any mandatory maintenance fees, and homeowner's insurance does not exceed thirty (30) per cent of the maximum specified income levels of purchasers, as established in section 3.10.8. Calculation of housing costs shall be based on projected tax obligations, a thirty-year fixed rate mortgage, a five (5) per cent down payment, and projected mortgage rates.

3.10.10 Period of Affordability.

In developments subject to these regulations that contain for-sale units or lots, affordable housing units or lots shall be resold to low- and moderate-income households for a period of at least ninety-nine (99) years or as long as permissible by law. The owner shall execute and record all documents required by this section to ensure compliance with this subsection.

(Ord. No. 2010-06-21/O-11, § 2)