TOWN OF CHAPEL HILL NORTH CAROLINA

Transcription

1 TOWN OF CHAPEL HILL NORTH CAROLINA Meeting Date: 10/06/2015 MEMORANDUM TO: Planning Commission FROM: Land Use Management Ordinance Update Project Team 1 SUBJECT: Land Use Management Ordinance Text Amendments Proposed Changes on the Topics of Signage, Water Quality and Neighborhood Character Standards Recommended Action That the Planning Commission consider the proposed text amendments to the Land Use Management Ordinance (LUMO) for signage, water quality and neighborhood character standards, and recommend that the Town Council enact the proposed Ordinance A attached to this memorandum. Explanation of Recommendation This recommendation is consistent with procedure outlined in Section 4.4 of the Land Use Management Ordinance 2, which establishes the intent of Zoning Amendments, including both atlas and text amendments to the ordinance. Context with Key Issues On September 28 th, , the Council received the staff s attached cover memo and report, and opened the public hearing to begin taking public comments. Tonight, we ask the Commission to consider providing recommendations for the remaining three topics that are proposed for text amendments to the LUMO. Recommendations for these three topics signage, water quality and neighborhood character standards will be shared with the Council at the continuation of the public hearing, scheduled for October 26 th, Following tonight s meeting, the attached memo will be updated to reflect any additional action taken by the Planning Commission. Attachments 9/28 Public Hearing Memorandum 1 Mary Jane Nirdlinger, Planning and Sustainability; John Richardson, Planning Manager; Gene Poveromo, Development Manager; Kay Pearlstein, Principal Planner; Megan Wooley-Ousdahl, Senior Planner; Patricia D Arconte, Stormwater Analyst; Eric Feld, Planner II 2 R_4.4ZOAM 3 w=1

2 26 TOWN OF CHAPEL HILL NORTH CAROLINA MEMORANDUM Meeting Date: 09/28/2015 AGENDA #6 TO: Roger L. Stancil, Town Manager FROM: Land Use Management Ordinance Update Project Team 1 SUBJECT: Public Hearing: Land Use Management Ordinance Text Amendment Proposed Changes on the Topics of Accessory Apartments, Bed and Breakfasts, Signage, Parking Lot Landscaping, Water Quality and Neighborhood Character Standards Recommended Action That the Council: 1) Open the public hearing to begin receiving public comments on the proposed Land Use Management Ordinance Text Amendments (LUMOTA) concerning the topics of Accessory Apartments, Bed and Breakfasts, Signage, Parking Lot Landscaping, Water Quality and Neighborhood Character Standards; and 2) Receive the staff s report and presentation on the proposed text amendment; and 3) Continue the public hearing for the proposed LUMOTA to the Council Business Meeting on October 26, Explanation of Recommendation This recommendation is consistent with procedure outlined in Section 4.4 of the Land Use Management Ordinance 2, which establishes the intent of Zoning Amendments, including both atlas and text amendments to the ordinance. Context with Key Issues The Land Use Management Ordinance (LUMO) is a set of regulations that governs development in the Town of Chapel Hill. Chapel Hill , the Town s adopted Comprehensive Plan, calls for an update to the LUMO 4. 1 Mary Jane Nirdlinger, Planning and Sustainability; John Richardson, Planning Manager; Gene Poveromo, Development Manager; Kay Pearlstein, Principal Planner; Megan Wooley-Ousdahl, Senior Planner; Patricia D Arconte, Stormwater Analyst; Eric Feld, Planner II 2 PR_4.4ZOAM

3 27 Due to a change in the Planning Commission s meeting schedule, the Commission plans to provide a final recommendation on three of the six topics (Signage, Water Quality and Neighborhood Character Standards) at its next meeting on October 6, In an effort to maintain the project schedule and ensure that all Planning Commission recommendations are received with public comment, the staff recommendation above asks the Council to consider taking public comment on all six topics at tonight s meeting and again at the proposed continuation of the public hearing on October 26 th when the additional recommendations from the Planning Commission should be available. Because the Planning Commission has not yet had an opportunity to make recommendations on all six topics, accordingly, the Council may also wish to defer their discussion on Signage, Water Quality and Neighborhood Character Standards to the October 26 th public hearing. The table below provides a summary of the proposed changes for each topic. Where there are additional key issues, we have identified that information and presented it along with a preliminary staff recommendation for the Council to consider. Topic Area Accessory Apartments Bed and Breakfasts Summary of Proposed LUMO Text Amendment and Key Issues The proposed changes are designed to modify existing regulations in order to permit more accessory apartments. Adjustments include a new requirement for one off-street parking space and an exemption to the existing double minimum lot size provision for single family dwellings with accessory apartments. The proposed changes are designed to create new regulations that would permit traditional bed and breakfast establishments in Chapel Hill. Key Topic Issues: The staff has heard concerns from citizens and the Historic District Commission about permitting bed and breakfasts in the local historic districts. Additionally, the staff has received questions about how an ordinance regulating traditional Bed and Breakfasts may relate to short term rentals (i.e. Airbnb, VRBO, etc.). In response to this feedback and in light of all the other potential revisions to the LUMO to be considered, the staff s preliminary recommendation is that Council no longer consider a town-wide approach to bed and breakfasts. If the Council is interested in pursuing bed and breakfasts in the historic districts, one option would be to Planning Commission Recommendation That the Council enact the proposed ordinance. That the Council not enact the proposed ordinance.

4 28 Parking Lot Landscaping consider an opt-in approach where interested neighborhoods could pursue these regulations through a zoning overlay. This option could be considered later in the LUMO revision process. The proposed changes are designed to improve existing regulations by: (1) allowing multifunctional landscaping for stormwater mitigation, (2) simplifying tree canopy calculations, (3) improving screening, and (4) reinforcing Americans with Disabilities Act (ADA) accessibility requirements. That the Council enact the proposed ordinance with comments (see memo for details). Signage Water Quality Neighborhood Character Standards The proposed changes are designed to improve the existing sign ordinance by providing: (1) overall clarity and predictability through a clearer format with new graphics and illustrations, (2) greater flexibility with regard to shape and content, (3) additional options for illuminated signs, and (4) clarity around prohibited signs. The proposed changes are designed to: (1) align local Watershed Protection District regulations to match State requirements and exemptions, (2) remove redundant stream buffer text, (3) clarify development options, (4) modify the dimensional matrix to reflect Town-wide standards based on 2013 Council action, and (5) make the steep slopes ordinance easier to read and use. These new regulations are designed to provide additional standards for new construction and additions within existing neighborhoods. Key Topic Issues: Consistent with the resolution passed by the Council on April 21, 2014, staff s preliminary recommendation to Council is that the Neighborhood Character Standards apply to the Roosevelt Drive neighborhood. The standards that can apply to the Roosevelt Drive neighborhood include height, setbacks, and lot width subdivision. In preparation for the October 26, 2015 Council Public Hearing, staff will be further discussing these standards with the Roosevelt Drive residents and will refine the Standards. (Scheduled for October 6, 2015 Planning Commission Meeting.) (Scheduled for October 6, 2015 Planning Commission Meeting.) (Scheduled for October 6, 2015 Planning Commission Meeting.)

5 29 A second preliminary recommendation to Council is that these standards be used by the Historic District Commission as guidelines (and appropriately adapted by the Commission) to assist with determinations of congruity for new construction or additions in the Town s local historic districts. Background At the September 16, 2015 Council Business Meeting 5, the Council called tonight s hearing to take public comment on the proposed text amendments. Fiscal Note If approved, the proposed changes could generate additional revenue from permitting of accessory apartments and bed and breakfast establishments. Council Goal: Create a Place for Everyone Support Community Prosperity and Engagement Develop Good Places, New Spaces Nurturing Our Community Attachments Staff Memorandum Draft Resolution of Consistency With the Comprehensive Plan (Resolution A) Draft Ordinance to Enact Text Amendments (Ordinance A) Draft Ordinance Attachment: Chapel Hill LUMO Topic Revisions Draft Resolution Denying the Text Amendments (Resolution B) 5

6 30 STAFF MEMORANDUM TO: Roger L. Stancil, Town Manager FROM: Land Use Management Ordinance Update Project Team 1 SUBJECT: Public Hearing: Land Use Management Ordinance Text Amendment Proposed Changes on the Topics of Accessory Apartments, Bed and Breakfasts, Signage, Parking Lot Landscaping, Water Quality and Neighborhood Character Standards DATE: September 28, 2015 PURPOSE Tonight, the Town Council will consider and take public comment on text amendments to the Land Use Management Ordinance that focus on changes to the six topic areas listed below: Accessory Apartments Bed and Breakfasts Signage Parking Lot Landscaping Water Quality Neighborhood Character Standards INTRODUCTION The Land Use Management Ordinance (LUMO) serves as a set of regulations that governs development in the Town of Chapel Hill. These regulations establish rules and procedures for development based on different land uses and the specific standards that determine where and how these regulations may occur. Chapel Hill 2020, the Town s adopted Comprehensive Plan, calls for a review and update to the LUMO. The list of topic areas described above represents Phase One of the LUMO Update project. An overview of the proposed changes and key issues is presented within the cover memorandum above. More information about each topic can be found in the summary section to follow, including details about the proposed changes, recommendations from Town Advisory Boards and Commissions, and public comments. Preliminary staff recommendations are presented at the conclusion of this memorandum. 1 Mary Jane Nirdlinger, Planning and Sustainability; John Richardson, Planning Manager; Gene Poveromo, Development Manager; Kay Pearlstein, Principal Planner; Megan Wooley-Ousdahl, Senior Planner; Patricia D Arconte, Stormwater Analyst; Eric Feld, Planner II

7 31 BACKGROUND In January, the staff and the project consultant (Code Studio) began working on drafts of the topic areas for public comment and review. Following the May 11 th Council Business Meeting 2, the staff developed a project schedule and public input process that was reviewed by the Planning Commission at its May 19 th meeting 3. Drafts for the six topics listed above were presented at Public Information Meetings on June 15 th and 16 th. Town Advisory Boards and Commissions then reviewed the topics most closely associated with their charge from June 23 rd through August 25 th. A full list of meeting dates and corresponding materials appears on the project web pages for the LUMO Update 4. Planning Commission The Planning Commission received an introduction to the text amendments at its regularly scheduled meeting on July 21 st. Recommendations and comments from other Advisory Boards and Commissions were presented to the Commission at its meetings on August 13 th and 18 th. At the September 1 st meeting, the Commission provided recommendations for Accessory Apartments, Bed and Breakfasts, and Parking Lot Landscaping (see details below). Recommendations on Signage, Water Quality and Neighborhood Character Standards are scheduled for the October 6, 2015 Planning Commission meeting. This meeting was moved from September 15 th. Public Comments As part of this project, the Town has experimented with the use of a web-based program called OpenComment. 5 This tool provides an online portal for posting public comments and serves as an additional option for participation in the public process. More specifically, OpenComment allows users to register, make comments, reply to existing posts and download PDFs of the draft documents. The Town has received helpful feedback from some of the early participants and will look for ways of enhancing the use of this tool in the future. Bed and Breakfasts At the September 16 th Council Business Meeting, a Councilmember asked that minutes from the Council s 1999 discussion be shared with the full Council so as to provide some additional context for this topic

8 32 As described in a recent from staff 6, the Town Council has considered the issue of Bed and Breakfasts under the Town s zoning regulations a number of times over the past several years. Prior to the 2009 petition, a proposal to amend the Town s development regulations was discussed in The proposal presented at that time was tabled. No action was taken to revive the proposal under review at that time. In response to a procedural question regarding the status of this topic in light of action taken in 1999 to table the issue of Bed and Breakfast, the Town Attorney and Planning Staff note the events since 1999 include the following: Upon receipt of the 2009 petition (followed up by a second petition in 2010), the Council referred the Bed and Breakfast issue to staff for consideration. The topic was referred to a consultant and a new proposal was been drafted. On September 16, 2015 the Town Council called a public hearing on this new proposal to modify the Town s Land Use Management Ordinance that would provide an opportunity for Bed and Breakfast establishments to be permitted in some zoning districts. The public hearing on this new proposal and proposed ordinance amendment has been duly advertised and is on the agenda for comment tonight. Actions taken by the Town Council since the receipt of the 2009 and 2010 petitions supersede the action taken by the Town Council in 1999 to table a prior proposal related to this subject. Accessory Apartments The minimum lot size (gross land area) required by the Town for accessory apartments ( twofamily dwellings ) has varied since the early 1980s. In the Town s 1981 land Development Ordinance, a two-family dwelling was required to have 1.5 times the minimum gross land area established for the zoning district. This applied to secondary dwellings that were accessory apartments. In 2003, the Town updated its land development code and enacted the Land Use Management Ordinance (or LUMO). The LUMO now requires twice the minimum lot size for accessory apartments. With the intent of allowing more accessory apartments, the proposed draft ordinance would permit single-family dwellings with accessory apartments on a lot that meets today s minimum gross land area for the zoning district. SUMMARY OF TEXT AMENDMENTS AND FEEDBACK RECEIVED The proposed text amendments can be described as a series of changes to the LUMO for the purposes of improving or creating new regulations for the six topic areas described in more detail below. Each topic area summary includes: (1) a description of intent with updates, (2) a list of the proposed changes and goals, (3) recommendations and comments from Town Advisory Boards and Commissions, (4) themes from public comments, and (5) collection of public comments and feedback received via the OpenComment tool, or other means. A full 6

9 33 description of all six topics appears in the attachment to this memo labeled Ordinance to Enact Text Amendments (Ordinance A). (1) Description of Intent and (2) List of Proposed Changes and Goals: Accessory Apartments The proposed changes to Sections 3.8 7, 5.9.5, and Appendix A - Definitions 9 are all designed to permit more accessory apartments in Chapel Hill. Proposed Changes: Goals: Remove requirement for double lot area Clarify that accessory apartments are not subject to density or floor area ratio limits (like all other singlefamily) Require 1 off-street parking space per unit Maintain limits of 750 square feet and no more than 50% of principal dwelling s floor area (today s regulations) Increase housing options and affordability by allowing more accessory apartments in Town Allow more small-scale construction to reduce environmental impacts from development (e.g., lower energy demands of new housing) Take advantage of existing infrastructure/services (e.g., roads, utility connections) Ensure adequate parking for accessory units Bed and Breakfasts The proposed changes are designed to create new regulations that would permit traditional bed and breakfast establishments in Chapel Hill. The staff has heard concerns from citizens and the Historic District Commission about permitting bed and breakfasts in the local historic districts. Additionally, the staff has received questions about how an ordinance regulating traditional Bed and Breakfasts may relate to short term rentals (i.e. Airbnb, VRBO, etc.). In response to this feedback and in light of all 7 ZODIUSDIST_3.8DIST 8 DEDEST_5.9PALO 9 DE

10 34 the other potential revisions to the LUMO to be considered, the staff s preliminary recommendation is that Council no longer consider a town-wide approach to bed and breakfasts. If the Council is interested in pursuing bed and breakfasts in the historic districts, one option would be to consider an opt-in approach where interested neighborhoods could pursue these regulations through a zoning overlay. This option could be considered later in the LUMO revision process. Proposed Changes: Goals: Allow up to 4 guest rooms permitted by right and up to 12 by special use permit Require on-site parking: minimum of 0.75 spaces/guest room for owner and 1.0 per employee Require 600-foot spacing between bed and breakfasts (about 1 block) Limit special events to 25 guests, with specific hours Require a Zoning Compliance Permit, renewable every 2 years Allow bed and breakfast establishments by defining and regulating them as a permitted use Determine appropriate zoning districts Control scale of operation, manage special events Ensure adequate parking Require applicants to renew Zoning Compliance Permit Signage The proposed changes to Sec are designed to improve the existing sign ordinance by providing: (1) overall clarity and predictability through a clearer format with new graphics and illustrations; (2) greater flexibility with regard to shape and content; (3) additional options for illuminated signs; and (4) clarity around prohibited signs. Proposed Changes: Goals: Expand prohibited signs Eliminate requirement for text only, trademarks or service marks Eliminate limits on anchor tenants except for Development Identification signs Eliminate size difference between illuminated and non-illuminated signs Clarify prohibited signs (including digital and inflatable signs) Delete limits on shape, content (trademarks, etc.) Eliminate difference in sign area for illuminated signs Remove transfer of wall sign area to ground sign Improve clarity, enforcement and 10 DEDEST_5.14SI

11 35 Increase cantilevered ground sign from 3 square feet to 9 square feet Eliminate 2:1 ratio for shape of commercial center and ground signs Allow variable display area on projecting sign based on height placement of sign Delete commercial center and ground sign display area doubling when wall sign area is reduced Eliminate building width requirement for projecting sign Eliminate wall sign relationship to building height Modify limits on gas station pump toppers to allow 1 per pump Modify parking lot identification banners to eliminate seasonal requirement predictability Use graphics and tables Parking Lot Landscaping The proposed changes to Section are designed to: (1) allow multifunctional landscaping for stormwater mitigation, (2) simplify tree canopy calculations, (3) improve screening, and (4) reinforce Americans with Disabilities Act (ADA) accessibility requirements. Proposed Changes: Goals: Add tables and illustrations to help describe the standards Add a provision to permit multifunctional landscaping for stormwater mitigation Add clearer standards for tree canopy and improved screening Add provisions to reinforce ADA accessibility requirements Illustrate and clarify current standards Allow for stormwater management in conjunction with landscaping Improve parking, drive-thru screening 11 DEDEST_5.9PALO

12 36 Water Quality The proposed changes are designed to: (1) align local Watershed Protection District regulations to match State requirements and exemptions, (2) remove redundant stream buffer text, (3) clarify development options, (4) modify the dimensional matrix to reflect Town-wide standards based on 2013 Council action, and (5) make the steep slopes ordinance easier to read and use. Proposed Changes: Goals: Update Sec Watershed Protection District 12 to: match State requirements and exemptions, remove redundant stream buffer text, and clarify development options Modify Dimensional Matrix (of Sec. 3.8 Dimensional Standards 13 ) to reflect Town-wide standards based on 2013 Council action for single-family lots Improve steep slopes ordinance readability in Sec Improve clarity, eliminate overlap Amend Watershed Protection District to align with State law (model ordinance) and recent Council actions (clarifying exemption for single family lots) Maintain that 0.24 Low Density Option of Watershed Protection District still applies Impervious surface ratio: align dimensional table with Council action for single family exemption, clarify table notes Amend steep slopes to clarify design requirements Neighborhood Character Standards Original Proposal: That Neighborhood Character Standards create new regulations to provide additional guidance and standards for new construction and additions for all neighborhoods over fifty years of age. After hearing feedback and concerns from community members, Advisory Boards and Commissions, and staff, this proposal has been modified as described below ZODIUSDIST_3.6OVDI 13 ZODIUSDIST_3.8DIST 14 DEDEST_5.3CRARENPEST

13 37 Current Proposal: Consistent with the resolution passed by the Council on April 21, , staff s preliminary recommendation to Council is that the Neighborhood Character Standards apply to the Roosevelt Drive neighborhood. The standards that can apply to the Roosevelt Drive neighborhood include height, setbacks, and lot width subdivision. In preparation for the October 26, 2015 Council Public Hearing, staff will be further discussing these standards with the Roosevelt Drive residents and will refine the Standards. A second preliminary recommendation to Council is that these standards be used by the Historic District Commission as guidelines (and appropriately adapted by the Commission) to assist with determinations of congruity for new construction or additions in the Town s local historic districts. Proposed Changes: Goals: Add the following tools as contextbased standards (measurements based on nearby structures, lots) to maintain neighborhood character when considering new homes or additions: o Height, Setbacks o Lot Width for Subdivision Remove the standards for Garages and Carports, Front Porches, and Ground Floor Elevation, as these can no longer be regulated in neighborhoods that are not Historic Districts due to the enactment of North Carolina Session Law , also referred to as Senate Bill 25. Provide additional neighborhood protection for the Roosevelt Drive neighborhood. 15

14 38 (3a) Recommendations and Comments from Town Advisory Boards and Commissions Key: = approval recommended X = denial recommended = comments only a) Summary Chart Housing Advisory Board Planning Commission Historic District Commission Planning Commission Historic District Commission Accessory Apartments Bed and Breakfasts Recommended approval as proposed Recommended approval as proposed X Recommended denial with conditions X Recommended denial Signage Recommended approval as proposed Planning Commission (To be considered 10/6/15) Parking Lot Landscaping Environmental Stewardship Advisory Board Recommended approval with comments Stormwater Utility Advisory Board Provided detailed comments Planning Commission Environmental Stewardship Advisory Board Stormwater Utility Advisory Board Recommended approval with comments Water Quality Recommended approval with comments Provided detailed comments Planning Commission (To be considered 10/6/15)

15 39 Neighborhood Character Standards Community Design Commission Historic District Commission Provided detailed comments Recommended approval and that these be used as guidelines for local historic districts (9/8) Planning Commission (To be considered 10/6/15) (3b) Recommendations and Comments from Town Advisory Boards and Commissions Key: = approval recommended X = denial recommended = comments only b) Detailed Recommendations, Comments and Staff Responses Accessory Apartments Advisory Board Feedback Staff Response The Housing Advisory Board voted unanimously (6-0) on August 11 th to recommend the proposed changes to the LUMO for Accessory Apartments. Noted. The Planning Commission voted unanimously (8-0) on September 1 st to recommend approval of the proposed changes to the LUMO for Accessory Apartments. Noted. Bed and Breakfasts Advisory Board Feedback Staff Response The Historic District Commission voted 4-2 on August 11 th to recommend that the Council NOT enact the proposed Bed & Breakfast Ordinance and noted that if the Council does enact the proposed Bed & Breakfast Ordinance that the Council exempt properties in the local historic districts. X Noted.

16 40 Note: Commission members voting in opposition to the majority did so because they saw the proposed ordinance as an opportunity to preserve historic properties and believed that the draft could be further improved instead of rejected. X The Planning Commission voted (7-1) on September 1 st to recommend that the Council NOT approve of the proposed changes to the LUMO for Bed and Breakfasts. Note: The Commission member voting in opposition to the majority did so because they saw the proposed ordinance as an opportunity to try bed and breakfasts and expressed concern that the recommendation would limit the likelihood of bed and breakfasts in Chapel Hill. X Noted. Advisory Board Feedback Signage Staff Response The Community Design Commission provided the following comments on June 23 rd : 1. Today s sign ordinance is too rigid. An update ought to give greater flexibility for business identification. For example, the Women s Birth and Wellness Center on Martin Luther King Boulevard has a difficult time under the current regulations because a wall sign is difficult to see from the road and they don t have the 100 feet of frontage necessary to have a ground sign. 2. The proposed draft allows crown signs for drivers to orient themselves from major roadways. There are a few examples in our area and they 1. Draft unchanged. The proposed regulations would allow the cited example to have a wall sign and a cantilevered (9 sq. ft.) ground sign. For lots with more than 100 feet of frontage, a wall sign and a ground sign are permitted under the proposed ordinance. 2. Draft unchanged. The proposed regulation allows crown signs on buildings at least 55 feet in height and four stories tall. There are a hand-full

17 41 seem to miss the mark. We ought to be conservative in terms of how and where these signs are permitted. 3. The limit on timing for political signs may be a free speech issue. 4. The proposed draft allows window signs as wall signs. This is not something we typically allow today and it should be discouraged. 5. The ground sign example of Hazel s on page 15 seems like a nice sign that could be interpreted as being inconsistent with the description for a ground sign- specifically the part about a sign attached to a contiguous structural base or planter box the same width or greater than the message portion of the sign" of proposed, existing, proposed structures in the community that would meet this building height standard. 3. Draft unchanged. We believe the free speech issue is more directly related to the content of the message and not the time limit (40 days). 4. Draft unchanged. Window signs are not allowed. Signage visible on or through a window is considered a wall sign and must comply with standards regulating overall maximum wall sign dimension. 5. Draft unchanged. Our interpretation of the Hazel s sign is that it is attached to a planter box and therefore complies with the proposed ordinance standards. The Planning Commission (To be considered on 10/6/15) Parking Lot Landscaping Advisory Board Feedback Staff Response On August 11 th, the Environmental Stewardship Advisory Board (ESAB) voted unanimously (5-0) to endorse the proposal with following comments: 1. Overall, the ESAB finds the proposed changes for Parking Lot Landscaping and Water Quality standards to be positive for the environment and to provide greater clarity for the public. 1. Noted.

18 42 2. The ESAB commends incorporation of stormwater best management practices into parking lot construction. Appropriate BMP s should be listed and encouraged in the LUMO (e.g., bioretention areas) and corresponding island widths should be prescribed to assist developers in stormwater management. 3. Under Section , the ESAB recommends authoring additional provisions that promote the use of parking structures vs. surface parking lots for commercial developments. 2. The draft ordinance has been revised to address this. 3. Draft unchanged. Upon review, staff believes this recommendation is best addressed as part of any future updates to the entirety of Section 5.9 (Parking and Loading) as opposed to the specific landscaping provisions in subsection Staff has recorded this comment for future consideration of Section 5.9 in another phase of this project. On August 25 th, the Stormwater Utility Advisory Board provided the following recommendations (A-D) and related comments (1-3): A. We recommend that the LUMO be revised to call for a minimum usable soil volume as specified in the Design Manual and that scalable soil volume calculations and soil preparation be addressed in the Design Manual. B. We recommend that items B.2.c.ii and B.2.c.iii add the following language to the end of their statements...unless the island is designed as a bioretention basin. A. The draft ordinance has been revised to address this. B. The draft ordinance has been revised to address this.

19 43 C. We recommend that a new item B.2.b.iv be added - Landscaped perimeter screening areas may be installed below the level of the parking lot surface to allow for runoff capture if included as part of an approved stormwater management plan. D. In sub-section A.3. Multifunctional Landscaping, we recommend the terms landscape, screening, sidewalk and streetscape areas used in the first sentence be substituted with perimeter screening, interior islands, and median islands. 1. The revised text sets standards for landscape area widths and surface area, specifically in section B.2.c. Interior Islands, items ii and iii, and in section B.3.d. Median Islands, item ii. These standards provide a minimum surface area for trees of 150 square feet, which is approximately what is needed by a 6-inch DBH tree. Neither the LUMO nor the Design Manual, referenced in the LUMO, addresses usable soil volume. Also, the Design Manual does not address soil preparation beyond the top 6 inches. This will result in trees planted in soils compacted during construction that restrict the usable soil volume. 2. Comments 2 and 3 (from the minutes) follow up on Ms. Brewer s recommendations to specifically add interior and median islands and perimeter screening to those areas listed where multifunctional landscaping is permitted. C. The draft ordinance has been revised to address this. D. The draft ordinance has been revised to address this. 1. See staff response A above. 2. See staff response B and C above.

20 44 3. Multifunctional Landscaping Introduction - For consistency, perimeter screening, interior islands, and median islands should replace landscape, screening, sidewalk and streetscape areas used in the first sentence of sub-section A.3. Multifunctional Landscaping. 3. See staff response D above. The Planning Commission voted unanimously (8-0) on September 1 st to recommend approval of the proposed changes to the LUMO for Parking Lot Landscaping with the comment that subsection A.2.c have revised language to trigger the new standards when 50% or more of a parking lot is demolished and to define demolition. The draft ordinance has been revised to address this. Advisory Board Feedback Water Quality Staff Response On August 11 th, the Environmental Stewardship Advisory Board (ESAB) voted unanimously (5-0) to endorse the proposal with following comments: 1. Overall, the ESAB finds the proposed changes for Parking Lot Landscaping and Water Quality standards to be positive for the environment and to provide greater clarity for the public. 2. Under Section 3.6.4, include a map of the Chapel Hill Water Protection District (WPD). This will make evident to the general public and builders where WPD regulations apply. 1. Noted. 2. The draft ordinance will be revised to address this. 3. For greater clarity, in Table Dimensional Matrix, please assign units to each column and define both 3. Draft unchanged. Definitions are provided at the bottom of the table. We will consider

21 45 columns C (density max) and L (floor area ratio). 4. In Table Slope Construction, please include both the percent slope and the rise over run ratio. 5. Under Section (D) (1), the ESAB recommends that slope and topographic maps depict contours at 2-foot intervals or less (rather than 5 feet) to convey realistic slope analysis. whether any additional improvements can be made. 4. The draft ordinance has been revised to address this. We have added the slope ratio to the Slope Category column. For the Less than 15% and 25% or greater entries. 5. The draft ordinance has been revised to address this. We have changed the requirement from a survey with 5-ft. contour intervals to a map with 2-ft. contour intervals. On August 25 th, the Stormwater Utility Advisory Board provided recommendations (A-C) and related comments (1-6) below: A. Section E Design Requirements, Item 2, is confusing and should be reworded. A. The draft ordinance has been revised to address this. The requirement has been moved to its own section and rephrased for clarity. All parts of this ordinance refer to project area, and all sections have been reviewed to only refer to project area. B. The Steep Slopes section remains confusing despite the edits; we recommend rewriting this section with the suggestions noted in our comments. We would like to review a revised draft before this goes before the Council. B. The project schedule does not allow time for us to present revisions to the Board for review prior to the Council public hearing. The related minutes of the meeting are captured in this section of the

22 46 memo and can also be found here 16. C. In the gross land area definition, we recommend replacing the term public streets with public right-of-way. 1. Section Watershed Protection District. The subcommittee members appreciated the notes about the changes. No recommendation. 2. Section E Design Requirements, Item 2, is confusing. It should be reworded to clarify the maximum of 25% land disturbance and whether it applies to the parcel area or the project area. 3. Overall, the Steep Slopes section remains confusing despite edits. To rectify this, we suggest the following: a. Given that a goal of the proposed changes is to clarify the language, reorganization of the subsections may aid in this effort. b. Evaluate whether the Definitions and Applicability sub-sections should be combined or eliminated. In particular, it isn t clear if the subsequent requirements for proposed cut and fill slopes apply to sites with any existing slopes. c. Consider separating the Design Requirements subsection should be divided C. The draft ordinance has been revised to address this. 1. Noted. 2. See staff response A above. 3. The draft ordinance has been revised to address the specifics noted in items a-c below. a. Section E has been split into two sections for greater clarity. b. The applicability section has had language added to clarify that it does not include cut and fill slopes meeting specific criteria. c. Section E has been split into two sections for clarity. 16

23 47 into two subsections addressing the two distinct topics which could be called Cut and Fill Slopes and Development Restrictions on Slopes >25%. 4. The proposed changes to Table give the appearance that the requirements for slopes 15-25% and slopes 25% and greater are the same. Also, it appears that the design requirements for cut and fill slopes don t apply on sites with slopes of less than 15%. Making the changes suggested above could rectify these problems. Another option is to eliminate the table a possible choice since the illustration adds little to the understanding of the section. 5. We look forward to reviewing the next draft. 6. Appendix A: In the gross land area definition, we recommend replacing the term public streets with public right-of-way. To be clear that the entire right-of way is considered, not only the area from curb to curb. 4. The draft ordinance has been revised to address this. Changes as described above address this concern. 5. Noted. 6. The draft ordinance has been revised to address this. The Planning Commission (To be considered on 10/6/15) Neighborhood Character Standards Advisory Board Feedback Staff Response On June 23 rd, the Community Design Commission provided the following comments: 1. The intent is generally good. It s important to consider context, but not always good to match it. 1. Based upon this feedback, the staff first modified the original proposal in early July 2015 to

24 48 recommend that these Standards be considered for local Historic Districts as a tool for determining congruity of new construction/additions AND as a future opt-in standard for other neighborhoods interested in these regulations. [NOTE: This proposal has since changed after receiving additional feedback.] 2. The use of immediate context is too restrictive a standard, and there are plenty of examples of bad design where the use of adjacent architecture would not be a good thing. The practical application of contextual standards can be a challenge. The City of Durham has a series of nuanced typologies that work well and would be better than the proposed approach. 3. The concept map for an overlay covers too much of the Town and would lead to too many restrictions. 4. Neighborhood Character Standards should also apply to the LUMO revision topic for accessory apartments. 5. A 10-foot standard for a height increase is too arbitrary it should be based on stories. 6. The Town should make sure that any proposed regulations are in keeping with the recent changes in state law; the garages and ground floor sections of the draft ordinance may be in conflict. 2. See staff response 1 above. 3. See staff response 1 above. 4. Draft unchanged. Any area where Neighborhood Character Standards apply would also apply to accessory apartments, where permitted. 5. Draft unchanged. 6. Draft unchanged. The final proposal will be informed by the Town Attorney s legal opinion as it relates to any applicable regulatory requirements.

25 49 The Historic District Commission voted 4-2 on August 11 th to recommend that the Council enact the proposed Neighborhood Character Standards Ordinance. Click here 17 for more details. Noted. On September 8 th, the Historic District Commission voted 5-0 to recommend that the for historic districts Neighborhood Character Standards be accepted as guidelines rather than be adopted as a part of the LUMO. Noted. The Planning Commission (To be considered on 10/6/15) 17

26 50 (4) Themes from Public Comments and (5) Collection of Public Comments and Feedback Received Themes from Public Comments Accessory Apartments Staff Response a) What zones will this affect? b) How many new apartments may be created? c) Will an existing duplex or rental home be able to add an apartment? d) What is the impact of additional small buildings and parking? a) The draft ordinance does not propose a change to the zones where single-family dwellings with accessory apartments are permitted. b) There are multiple variables at play in terms of predicting how many apartments would be built in response to the proposed changes. At this time, the staff has not developed such an estimate. It is important to note that other dimensional requirements (e.g., setbacks, impervious surface area ratio) would still apply and may limit accessory apartments in some cases. c) Assuming it meets all other requirements, an accessory apartment could be built in conjunction with a single-family dwelling that is being rented. However, these regulations would not permit an accessory apartment with a duplex. d) To address parking concerns, the proposed regulations include a requirement for one off-street parking space per accessory apartment unit. Feedback Collected on the Proposed Draft: OpenComment posts public information meeting on June

27 51 Bed and Breakfasts Themes from Public Comments Staff Response a) Does the Town already allow small scale bed & breakfasts? b) The draft should include language to regulate short-term rentals, like Airbnb and VRBO. c) Bed & Breakfasts are good for Chapel Hill. d) Bed & Breakfasts can encourage preservation and upkeep of historic houses. a) The LUMO does not currently include a definition or mechanism to regulate traditional Bed and Breakfasts. In the past, some homeowners have been granted home occupation permits to operate small-scale short-term rentals. b) This ordinance is designed to define and regulate traditional Bed and Breakfast establishments. While we recognize that there is a market relationship between Bed and Breakfasts and short-term rentals (e.g. Airbnb, VRBO, etc.), we see these as separate land use categories. If the Council is interested in regulating short-term rentals in the LUMO, we can address it in a later phase of the LUMO update. c) Comment noted. d) Comment noted. e) Bed & Breakfasts should be owneroccupied. f) There is no reason to require that Bed & Breakfasts are owner/manager-occupied. e) While we believe that it is important for a Bed & Breakfast manager to maintain the building as a permanent residence, we believe that requiring owneroccupancy would be inconsistent with the approach that the Town takes to regulating other principal land uses in the LUMO. f) North Carolina General Statute 130A- 247(5a) requires that Bed & Breakfasts be the permanent residence of the owner 20

28 52 or the manager of the business. g) The same proposed restriction limiting Bed & Breakfasts to one every 600 feet should apply to student boarding houses. h) Limiting Bed & Breakfasts to one every 600 feet unnecessarily limits options. i) The parking standards allow for too much parking, especially in the downtown when some people will fly in. j) The Bed & Breakfast use is not appropriate for the historic districts. g) We have added this provision to protect the character of single-family neighborhoods. We believe that this is an important protection to maintain. h) Comment noted. A separate text amendment will be necessary to apply such a land use spacing provision to other land uses. i) The parking provision in the draft Bed & Breakfast ordinance is modeled on Asheville s Bed and Breakfast ordinance. We have learned that city staff in Asheville has found their parking requirements to be appropriate, and they have reported no problems with its application. j) We agree that Bed and Breakfast establishments in the historic districts should be compatible with surrounding historic properties. It will still be necessary for a Bed & Breakfast in the local historic districts to obtain a Certificate of Appropriateness from the Historic District Commission (HDC) if exterior changes are proposed. Accordingly, we are recommending that the Council delay allowing Bed & Breakfasts in the historic districts until the HDC is able to update design guidelines for the historic districts. k) Parking in the historic districts should be limited by the scale and proportion of parking areas on neighboring properties. l) There is a risk that a Bed and Breakfast could be converted to a large rental housing operation. k) We believe that the Certificate of Appropriateness approval process provides a good tool for assuring aesthetic congruity in the historic districts. l) Where large-scale Bed and Breakfasts are approved by Special Use Permit, it would be illegal to operate a new land use without formally abandoning the

29 53 special use and/or applying for a new type of permit approval. m) The allowance for special events to exceed standards in Section with approval of a special events permit should be eliminated. n) The happy hour provision should be opened to friends of guests, and two dinner meals for a room surcharge per week should be allowed. m) We agree. We have retained Section A, which establishes standards for special events at Bed & Breakfasts, and eliminated Section B, which would have allowed exceeding standards with approval of a special events permit. n) North Carolina General Statute 130A- 247(6) prohibits Bed & Breakfasts from serving food or drink to the general public for pay. Additionally, 130A- 247(5a) requires that the price of meals be included in the room rate. Feedback Collected on the Proposed Draft: OpenComment posts public information meeting on June 15, Themes from Public Comments Signage Staff Response a) Signage should be allowed in public rights-of-way, especially in areas where the business is set back from the edge of the roadway. b) Unified Sign Plan is too restrictive on color, size, making it hard to identify businesses from the road. a) Some of the proposed revisions will allow larger signs. We believe this will begin to respond to this comment. b) The current and proposed ordinances require a unified sign plan to exhibit harmony and consistency. Greater flexibility would result by editing the text to read plan must generally display harmony and consistency Increasing the number of business beyond more than one

30 54 c) The Chapel Hill Downtown Partnership advocates that buildings zoned TC-1, 2, 3 with under 30k sq. ft. of commercial space not be required to adhere to a unified sign plan. With business density downtown and the variety of zoning lots housing multiple businesses, requiring a Unified Sign Plan for all lots containing multiple establishments is a significant disadvantage. Having a square footage cut-off would still give the Town the tools to unify signage on large-scale projects, but not penalize businesses by imposing style restrictions based solely on lot lines. This change in requirement will allow for greater creativity in signage for businesses adding to the visual vibrancy of downtown. c) Options to amend the proposed Unified Sign Plan standards could include: eliminating the standards from the Town Center zoning districts; exempting buildings that are less than a set floor area as suggested by the CH Downtown Partnership; or exempting building that have a limited number or tenants (maybe four or less tenants). d) Following conversations with downtown stakeholders, The Chapel Hill Downtown Partnership would like to advocate that Unified Signs not be required in downtown Chapel Hill. Based on comments above, and other conversations, The Partnership feels that requiring a Unified Sign Plan for parcels with multiple businesses to be unnecessary given the density and diversity of business in the downtown environment. d) See Staff Response in c) above. Feedback Collected on the Proposed Draft: OpenComment posts public information meeting on June 15,

31 55 Parking Lot Landscaping Themes from Public Comments Staff Response a) Shoppers like parking where there is a clear view across the parking area. b) Does this coordinate with the canopy tree standards? c) Don t we want to mandate various BMP s (best management practices) in [stormwater] for parking lots? d) In parking additions next to residential zoning, is there any flexibility to not have a wall if you have more depth? a) Comment noted. The revised draft now gives consideration to height of perimeter screening and areas adjacent to residential areas. b) The intent is that they are the same. If you plant at the ratio in the regulations, you will meet your canopy tree obligation. c) The draft has been revised to provide examples of stormwater BMPS s and references the Town s Design Manual. We have asked the consultant to add a graphic which shows a BMP as an example. d) The draft has been revised to allow a screening fence or wall adjacent to residential areas. Feedback Collected on the Proposed Draft: OpenComment posts 27 (none) public information meeting June 16, Themes from Public Comments Water Quality Staff Response a) Are you making changes to the Jordan buffer or the Resource Conservation District? a) No we are not proposing any changes at this time. We will continue to evaluate some recent changes at the state level and make a determination for future phases of this project

32 56 Feedback Collected on the Proposed Draft: OpenComment posts public information meeting June 16, Neighborhood Character Standards Themes from Public Comments Staff Response a) I do not support applying the Neighborhood Character Standards Town-wide to all neighborhoods over fifty years of age. a) The original proposal was that the Neighborhood Character Standards (NCS) be applied to all neighborhoods that were fifty years of age or older. After receiving feedback from community members, Advisory Boards/Commissions, and staff, the staff recommendation was modified and stated that these Standards only apply to local Historic Districts. After receiving additional feedback about this modified proposal, the staff recommendation was again revised. The current staff recommendation is that the Neighborhood Character Standards be applied to the Roosevelt Drive neighborhood. The standards that can apply to the Roosevelt Drive neighborhood include height, setbacks, and lot width subdivision. This is consistent with the resolution passed by the Council on April 21, b) Will these Neighborhood Character Standards impact Neighborhood Conservation Districts? b) Staff also recommends that the Historic District Commission evaluate the use of Neighborhood Character Standards as guidelines (as appropriately adapted by the Commission) to assist with determinations of congruity for new construction or additions in the Town s local historic districts

33 57 c) It is not a good idea to base architectural decisions or determine compatibility based on adjacent homes in a neighborhood. The architecture of the original housing may be undesirable, and new houses should not be judged against this. Flexibility is better. d) What would be the process for neighborhoods that are not local historic districts to opt-in to the Neighborhood Character Standards? e) It would be good for the Historic Districts and applicants to have additional guidance on congruity. c) Neighborhood Conservation Districts would not be affected by the Neighborhood Character Standards (NCS). If the NCS were adopted, these would serve as an alternative option to the NCD zoning overlays. Existing Neighborhood Conservation Districts would remain in place. d) Staff heard this concern and revised the recommendation. See response to Question #1. e) At one point during this process to gather input, staff recommended that the NCS be applied to the local Historic Districts as a pilot program. After one year, the Standards would be evaluated to determine if they met their goals and objectives. If the evaluation was positive, staff proposed that neighborhoods not in the local Historic District could opt-in to have the Standards apply to their neighborhoods. Since that time, the staff recommendation has changed. See response #1 above. f) How would heights be calculated in areas with varying topography? g) How would ADA and aging-inplace concerns be handled if houses were forced to have a specific f) Staff is currently recommending that the Historic District Commission evaluate the use of Neighborhood Character Standards as guidelines (as appropriately adapted by the Commission) to assist with determinations of congruity for new construction or additions in the Town s local historic districts. Staff will work with residents in the Roosevelt Drive neighborhood as applications come forward. g) This question will be referred to the Historic District Commission for consideration as they evaluate the use of

34 58 ground floor elevation? h) I do not think the front porch standard should be included. I do not want all the houses to have front porches and lose the individual, unique character. i) How would outliers be determined? the Standards as guidelines. h) This question will be referred to the Historic District Commission for consideration as they evaluate the use of the Standards as guidelines. This standard will not be included in the Roosevelt Drive Neighborhood Character Standards. i) Outliers can be eliminated by the Town Manager. The Standards as include the following statement: Where a setback in these four lots is significantly out of the range of setbacks along the same block face, it may be eliminated from the range by the Town Manager. Feedback Collected on the Proposed Draft: OpenComment posts 32 s 33 public information meetings - June 15 34, August 3 35, August 31, other information

35 59 PROCESS The changes described above are proposed as a Land Use Management Ordinance text amendment. The Land Use Management Ordinance requires the Town Manager to: 1) conduct an evaluation of the proposed text amendment; 2) present a report to the Planning Commission; 3) hold a public hearing; and 4) present a report and recommendation to the Town Council. Town Formulation of Land Use Management Ordinance Text Amendment Proposal Report Presented to Planning Commission Report and Recommendation presented to Town Council, Open Public Hearing Continue Public Hearing, Close Hearing, Council Action Public Notice Notice of the proposed text amendment was also included in the Classifieds section of the Chapel Hill News on September 6 th and 13 th. Copies of the agenda materials for the proposed text amendment are available in the Communications and Public Affairs Department. Documents are also available on the Town s website at the following link: ANALYSIS OF THE PROPOSAL Article 4.4 of the Land Use Management Ordinance 38 (Appendix A of the Town Code) establishes the intent of Zoning Amendments (including both atlas and text amendments to the Ordinance) by stating that: In order to establish and maintain sound, stable, and desirable development within the planning jurisdiction of the Town it is intended that this chapter shall not be amended except: a. to correct a manifest error in the chapter; or b. because of changed or changing conditions in a particular area or in the jurisdiction generally; or c. to achieve the purposes of the Comprehensive Plan. Article 4.4 further indicates: 38 PR_4.4ZOAM

36 60 It is further intended that, if amended, this chapter be amended only as reasonably necessary to the promotion of the public health, safety, or general welfare, and in conformance with the Comprehensive Plan. Following is a staff response to the three required considerations: A) To correct a manifest error in the appendix: Staff Comment: We believe the information in the record to date can be summarized as follows: Argument in Support: To date no arguments in support have been submitted. Argument in Opposition: To date no arguments in opposition have been submitted. B) Because of changed or changing conditions in a particular area or in the jurisdiction generally: Staff Comment: We believe the information in the record thus far can be summarized as follows: Argument in Support: To date no arguments in opposition have been submitted. Argument in Opposition: To date no arguments in opposition have been submitted. C) To achieve the purposes of the Comprehensive Plan. Staff Comment: We believe the information in the record thus far can be summarized as follows: Argument in Support: We believe that the proposed text amendment for the six topic areas can be justified to achieve the purposes of the goals and objectives from the Comprehensive Plan. The following are themes from the 2020 Comprehensive Plan, adopted June 25, 2012: Conforms No Comprehensive Plan Themes 1 A Place for Everyone 2 Community Prosperity and Engagement 3 Getting Around 4 Good Places, New Spaces 5 Nurturing Our Community 6 Town and Gown Collaboration Based on our preliminary review, we believe the Council could make the finding that the proposed text amendment is in compliance with the Comprehensive Plan. Relevant goals and objectives in the Comprehensive Plan include, but are not limited to:

37 61 A Place for Everyone Family-friendly, accessible exterior and interior places throughout the town for a variety of active uses (Goal PFE.1) A range of housing options for current and future residents (Goal PFE.3) A welcoming and friendly community that provides all people with access to opportunities (Goal PFE.4) Community Prosperity and Engagement Balance and sustain finances by increasing revenues and decreasing expenses (Goal CPE.1) Foster success of local businesses (Goal CPE.2) Promote a safe, vibrant, and connected (physical and person) community (Goal CPE.3) Getting Around A community that has a parking system based on strategies that support the overall goals of a holistic transportation system (GA.8) Good Places, New Spaces A range of neighborhood types that addresses residential, commercial, social, and cultural needs and uses while building and evolving Chapel Hill s character for residents, visitors, and students (Goal GPNS.5) A community that welcomes and supports change and creativity (Goal GPNS.6) Future land use, form, and density that strengthen the community, social equity, economic prosperity, and natural environment (Goal GPNS.8) Nurturing Our Community Maintain and improve air quality and water quality, and manage stormwater to heal local waterways and conserve biological ecosystems within the town boundaries and the Extra Territorial Jurisdiction (Goal NOC.2) Argument in Opposition: To date no arguments in opposition have been submitted.

38 62 RECOMMENDATIONS Planning Commission Recommendation: The Planning Commission s recommendations are provided in the sections above concerning recommendations from Town Advisory Boards and Commissions. As noted above, recommendations for Signage, Water Quality and Neighborhood Character Standards should be available by October 6, Preliminary Staff Recommendation: Our preliminary recommendation is that the Council: 1) Open the public hearing to begin receiving public comments on the proposed Land Use Management Ordinance Text Amendment (LUMOTA) concerning the topics of Accessory Apartments, Bed and Breakfasts, Signage, Parking Lot Landscaping, Water Quality and Neighborhood Character Standards; and 2) Receive the staff s report and presentation on the proposed text amendment; and 3) Continue the public hearing for the proposed LUMOTA to the Council Business Meeting on October 26, 2015.

39 63 ATTACHMENT RESOLUTION A (Adopting the Land Use Management Ordinance Text Amendment proposal) A RESOLUTION REGARDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE AMENDMENTS TO UPDATE THE REGULATIONS FOR ACCESSORY APARTMENTS, BED AND BREAKFASTS, SIGNAGE, PARKING LOT LANDSCAPING, WATER QUALITY AND NEIGHBORHOOD CHARACTER STANDARDS CONSISTENT WITH THE COMPREHENSIVE PLAN (2015-_-_/ WHEREAS, the Council of the Town of Chapel Hill has considered the Town-initiated proposal to amend the Land Use Management Ordinance for accessory apartments, bed and breakfasts, signage, parking lot landscaping, water quality and neighborhood character standards on the basis that each of the proposed amendments presented in the ordinance is consistent with the implementation guidance of the Town s Comprehensive Plan which calls for a review and update of the Land Use Management Ordinance, and finds that the each of the proposed amendments, if enacted, is reasonable and in the public s interest and is warranted, to achieve the purposes of the Comprehensive Plan, as explained by, but not limited to, the following goals of the Comprehensive Plan: Family-friendly, accessible exterior and interior places throughout the town for a variety of active uses (Goal PFE.1) A range of housing options for current and future residents (Goal PFE.3) A welcoming and friendly community that provides all people with access to opportunities (Goal PFE.4) Balance and sustain finances by increasing revenues and decreasing expenses (Goal CPE.1) Foster success of local businesses (Goal CPE.2) Promote a safe, vibrant, and connected (physical and person) community (Goal CPE.3) A community that has a parking system based on strategies that support the overall goals of a holistic transportation system (GA.8) A range of neighborhood types that addresses residential, commercial, social, and cultural needs and uses while building and evolving Chapel Hill s character for residents, visitors, and students (Goal GPNS.5) A community that welcomes and supports change and creativity (Goal GPNS.6) Future land use, form, and density that strengthen the community, social equity, economic prosperity, and natural environment (Goal GPNS.8) Maintain and improve air quality and water quality, and manage stormwater to heal local waterways and conserve biological ecosystems within the town boundaries and the Extra Territorial Jurisdiction (Goal NOC.2) Future land use, form, and density that strengthen the community, social equity, economic prosperity, and natural environment (Goal GPNS.8)

40 64 Protect neighborhoods from the impact of development such as stormwater runoff, light and noise pollution, and traffic (Goal NOC.8) NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby finds the proposed zoning text amendments to be reasonable and consistent with the Town Comprehensive Plan. This the day of, 2015.

41 65 ATTACHMENT ORDINANCE Enacting the Land Use Management Text Amendment AN ORDINANCE ENACTIING LAND USE MANAGEMENT ORDINANCE TEXT AMENDMENTS TO UPDATE THE REGULATIONS FOR ACCESSORY APARTMENTS, BED AND BREAKFASTS, SIGNAGE, PARKING LOT LANDSCAPING,WATER QUALITY AND NEIGHBORHOOD CHARACTER STANDARDS CONSISTENT WITH THE COMPREHENSIVE PLAN (2015-_-_/ WHEREAS, the Council of the Town of Chapel Hill has considered the Town-initiated proposal to amend the Land Use Management Ordinance for accessory apartments, bed and breakfasts, signage, parking lot landscaping, water quality and neighborhood character standards on the basis that this action is consistent with the implementation guidance of the Town s Comprehensive Plan which calls for a review and update of the Land Use Management Ordinance and finds that the amendments are reasonable and are warranted in order to achieve the purposes of the Comprehensive Plan including but not limited to: Family-friendly, accessible exterior and interior places throughout the town for a variety of active uses (Goal PFE.1) A range of housing options for current and future residents (Goal PFE.3) A welcoming and friendly community that provides all people with access to opportunities (Goal PFE.4) Balance and sustain finances by increasing revenues and decreasing expenses (Goal CPE.1) Foster success of local businesses (Goal CPE.2) Promote a safe, vibrant, and connected (physical and person) community (Goal CPE.3) A community that has a parking system based on strategies that support the overall goals of a holistic transportation system (GA.8) A range of neighborhood types that addresses residential, commercial, social, and cultural needs and uses while building and evolving Chapel Hill s character for residents, visitors, and students (Goal GPNS.5) A community that welcomes and supports change and creativity (Goal GPNS.6) Future land use, form, and density that strengthen the community, social equity, economic prosperity, and natural environment (Goal GPNS.8) Maintain and improve air quality and water quality, and manage stormwater to heal local waterways and conserve biological ecosystems within the town boundaries and the Extra Territorial Jurisdiction (Goal NOC.2) Future land use, form, and density that strengthen the community, social equity, economic prosperity, and natural environment (Goal GPNS.8) Protect neighborhoods from the impact of development such as stormwater runoff, light and noise pollution, and traffic (Goal NOC.8)

42 66 Protect neighborhoods from the impact of development such as stormwater runoff, light and noise pollution, and traffic (NOC.8), and WHEREAS, the Chapel Hill 2020 Comprehensive Plan calls for a review and update to the Land Use Management Ordinance; and WHEREAS, the Town Council received a proposed schedule and process for Phase One of the Land Use Management Ordinance Update on May 11, 2015; and WHEREAS, the topics recommended for a Phase One text amendment include Accessory Apartments, Bed and Breakfasts, Signage, Parking Lot Landscaping, Water Quality and Neighborhood Character Standards; and WHEREAS, the staff received comments and recommendations from Town Advisory Boards and Commissions on the proposed text amendment; and WHERAS, the staff has received public comments on the proposed text amendment; and WHEREAS, the Council finds the proposed text amendment consistent with the implementation guidance and goals of the Town s Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Chapel Hill Land Use Management Ordinance be amended as follows: SECTION I An amendment to Sections and Subsections 3.6.4, 3.7, 3.8, 5.3, 5.9.5, 5.9.6, 5.9.7,, 6.21, 8.14 and Appendix A Definitions of the Land Use Management Ordinance is enacted to read as indicated in the proposed regulations (see Ordinance Attachment). SECTION II This ordinance is effective upon enactment. This the day of, 2015.

43 67 Chapel Hill LUMO Topic Revisions [NOTE: In order to allow additional opportunities for Accessory Apartments throughout the Town, a series of sections of the code must be amended, including the calculation of minimum lot size in the footnotes to Table and the parking standards (to require one off-street space for a new accessory apartment). The definition of a single-family dwelling with accesory apartment is also included since it affects the size of the accessory unit. Rules for Interpretation of Table 3.8-1:... 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 dwellings and single-family dwellings with accessory apartment, 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 and single-family dwellings with accessory apartment. The maximum density requirements (Column (C)) are expressed in dwelling units per gross acre.... 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 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. [NOTE: existing standard, highlight added] Parking Design Standards All parking areas shall meet the following minimum design requirement:... (c) Except for single-family dwellings, single-family dwellings with accessory apartments or two-family dwellings, all parking spaces and maneuvering space shall be surfaced with an all-weather material or gravel, which shall be maintained in a safe and sanitary condition.... (g) Except for single-family dwellings, single-family dwellings with accessory apartments or two-family dwellings, parking spaces shall be provided with adequate aisles or turnaround areas so that all vehicles may enter adjacent streets in a forward manner.... Except for single-family dwellings, single-family dwellings with accessory apartments one- or two-family dwellings, all parking facilities, unless located entirely underground, shall meet the following minimum landscaping requirements: Chapel Hill, North Carolina Proposed text (June) Revised text (August) 1 August 27, 2015

44 Minimum and Maximum Off-Street Parking Space Requirements Use Dwelling, singlefamily and single-family with accessory unit Dwelling, single-family with accessory apartment Vehicular Parking Town Center Zoning Districts Non-Town Center Zoning Districts* Minimum Number of Parking Spaces Maximum Number of Parking Spaces Minimum Number of Parking Spaces Maximum Number of Parking Spaces Bicycle Parking Minimum Bicycle Parking Requirements*** N/A N/A N/A N/A N/A 1 per Accessory Apartment constructed after [effective date] N/A 1 per Accessory Apartment constructed after [effective date] N/A N/A Appendix A - Definitions... Dwelling units, single-family with accessory apartment. A dwelling or combination of dwellings on a single zoning lot consisting of two dwelling units, provided the floor area of one of the dwelling units does not exceed 50% of the floor area of the other dwelling unit, nor is greater than 750 square feet and further provided the dwelling s exterior design and entry locations give the dwelling the appearance of a single-family dwelling. Any dwelling unit that is part of a two-family dwelling shall be classified as a rooming house if occupied by more than 4 persons who are not related by blood, adoption, marriage, or domestic partnership. [NOTE: existing definition, highlight added] 2 August 27, 2015 Proposed text (June) Revised text (August) Chapel Hill, North Carolina

45 69 Chapel Hill LUMO Topic Revisions Sec Use Regulations... Table 3.7-1: Use Matrix Uses Bed & Breakfast, up to 4 guest rooms Bed & Breakfast, 5-12 guest rooms Use Group RT R-LD5 R-LD1 R-1A R-1 R-2A R-2 R-3 R-4 R-5 R-6 Stds. B P P P P P P P P P P P Sec B S S S S S S S S S S S Sec Uses Bed & Breakfast, up to 4 guest rooms Bed & Breakfast, 5-12 guest rooms Use Group NC OI-1 OI-2 OI-3 CC TC-1, TC-2, TC-3 I MH Stds. B P P P P P P Sec B S S S S S S Sec Sec Bed & Breakfast Standards A. The use must be located in a structure originally constructed as a detached single-family dwelling or a structure purpose-built for bed & breakfast lodging. B. The structure must be the permanent residence of the owner or manager of the structure. C. The structure must have interior stairs that serve all habitable living spaces within the structure. D. No other such lodging may be located facing the same street within 600 feet of the proposed use. E. No guest room or suite may contain less than 100 square feet of floor area. F. The number of guests may not exceed 23 persons per night. G. Breakfast and an evening happy hour are allowed, provided they are served to guests only. The price of any meal must be included with the room. No other meals are allowed, except in conjunction with permitted special events. Separate or additional kitchens for guests are not allowed. H. The bed & breakfast must provide a minimum of 0.5 on-site vehicular parking spaces per available guest room plus 1 space for the resident manager/owner and 1 for each employee. The bed & breakfast may provide a maximum of 0.75 on-site vehicular parking spaces per available guest room plus 2 spaces for the resident manager/owner and 1 for each employee. I. No exterior advertising is allowed except one nonilluminated sign not to exceed 2 square feet in display area Special Events Special events (such as weddings, receptions and other similar functions) may be held in conjunction with a bed & breakfast subject to the following conditions: A. Special events may be held no more frequently than one day each calendar month. B. Special events may occur between the hours of 7:00 a.m. and 9:00 p.m. on weekdays and 8:00 a.m. to 9:00 p.m. on weekends. C. Special events may not have total attendance greater than 25 persons, plus service personnel. D. Special events may not include amplified sound. Special events (such as weddings, receptions and other similar functions) that do not meet the standards in Chapel Hill, North Carolina Proposed text (June) Revised text (August) 1 August 27, 2015

46 70 paragraph 1 above may be allowed by special events permit Site Plan Review No more than 4 guest rooms are permitted with Site Plan Approval by the Planning Commission. Up to 12 guest rooms may be allowed with approval of a Special Use Permit by the Planning Commission Zoning Compliance Permit Required A. A renewable Town zoning compliance permit is required prior to establishment of a bed & breakfast, whether permitted by right or by site plan review. The zoning compliance permit must be renewed every 2 years. B. To stay in good standing with the Town, the property owner shall pay all occupancy tax obligations in a timely manner. C. At the time of zoning compliance permit renewal, the Town Manager must review records of the Town s Business Management Department, Police Department, and the Town s Inspections Division to determine whether there have been substantial management issues associated with the bed & breakfast over the two-year period. Where such issues exist, a special use permit will be required prior to issuance of a bed & breakfast license renewal. Appendix A. Definitions... Bed & Breakfast. A group of not more than 12 guest rooms in a private home intended for offering accommodations for a period of less than one week. 2 August 27, 2015 Proposed text (June) Revised text (August) Chapel Hill, North Carolina

47 71 Chapel Hill LUMO Topic Revisions Sec Signs Intent Applicability Signs in the Right-of-Way Signs Exempt from Regulation Prohibited Signs General Standards Permitted Signs Specialty Sign Types Sign Measurements Changeable Copy Sign Illumination...21 Chapel Hill, North Carolina 1 June 19, 2015

48 72 NOTE: KEY CHANGES Although some of the existing LUMO sign text has been used in this Section, the entire draft is shown as NEW (underlined in red) to ensure reviewers will read the existing as well as new portions of the Section. Applied basic approach to regulating from Ephesus Church/Fordham Form District Expanded prohibited signs Eliminated requirement for text only, trademarks, service marks Eliminated limit on anchor tenants on sign except for Development ID Sign Eliminated size difference between illuminated and non-illuminated signs Increased cantilevered ground sign to 9 SF from 3 SF Eliminated 2:1 ratio for shape of commercial center and ground sign Allowed variable display area on projecting sign based on height placement of sign Deleted commercial center and ground sign display area doubling when wall sign area is reduced Eliminated building width requirement for projecting sign Eliminated wall sign relationship to window height Modified limits on gas station pump toppers to allow 1 per pump Modified Parking Lot Identification Banners to eliminate seasonal requirement 2 June 19, 2015 Chapel Hill, North Carolina

49 73 Sec Signs Intent It is the intent of this section to authorize the use of signs with regard to size, layout, style, typography, legibility, and arrangements compatible with their surroundings; appropriate to the identity of individual properties, occupants, or of the community; and as appropriate to traffic safety. 2. Flags and insignia of a government, when not displayed in connection with a commercial promotion. 3. Legal notices, identification and informational signs, and traffic directional or regulatory signs erected by or on behalf of a governmental body. 4. Memorial signs, plaques or tablets, and names and construction dates of buildings when cut into any masonry surface Applicability A. No sign visible from the public right-of-way, whether exterior to or interior to a structure, shall be erected, displayed, or substantially altered (unless specifically exempted) except in accord with the provisions of this Land Use Management Ordinance and until a zoning compliance permit has been issued for the sign. B. Except where expressly exempted in this Section, all signs must be located on the same lot as the permitted use and be clearly incidental, customary and commonly associated with the operation of the permitted use Signs in the Right-of-Way A. Signs must not encroach into the public right-of way unless expressly exempted in this Section. B. Wall signs, awning signs, canopy signs, projecting signs, crown signs and shingle signs may encroach over the public sidewalk but must not encroach on or over any streets or alleys. All signs must be a minimum of 24 inches inside the curb line or edge of pavement, whichever is greater Signs Exempt from Regulation A. The following signs are exempt from regulation and permit requirements under this Section, provided that signs comply with the provision of this section and are not illuminated. 1. Signs bearing only property identification numbers and names, post office box numbers, names of occupants of the premises on which the signs are located, or other identification of premises not of a commercial nature, provided the signs are not illuminated and do not exceed 2 signs per zoning lot and 2 square feet in area per display surface. 5. Signs directing and guiding traffic and parking on private property on which the signs are located, provided such signs are not illuminated, bear no advertising, and do not exceed 4 square feet in area per display surface. [NOTE: Directory signs with tenant names and locations that are not visible from the public right-of-way have no restriction on area.] 6. Real estate signs advertising the sale, rental, or lease of the premises, provided the signs: a. Do not exceed 1 sign per street frontage and 4 square feet in area per display surface for property zoned residential; and b. Do not exceed 1 sign per street frontage and 16 square feet per display surface for property zoned non-residential or located within an approved planned development. 7. Construction site identification signs whose message is limited to project name, identification of architects, engineers, contractors and other individuals or firms involved with the construction, the name of the building, the intended purpose of the building and the expected completion date. Construction site identification signs may not exceed 4 square feet in area per display surface and 6 feet in height for single-family or duplex construction; and 32 square feet in area per display surface and 8 feet in height for multifamily or nonresidential construction. The signs must be nonilluminated. Construction site identification signs must not exceed 1 sign per construction site, must not be erected prior to the issuance of a building permit, and must be removed within 7 days of issuance of a certificate of occupancy. 8. As part of a Construction Management Plan, the Town may exempt construction fencing signs from regulation provided that such signs are Chapel Hill, North Carolina 3 June 19, 2015

50 74 removed once construction fencing is no longer required. 9. Temporary political signs advertising candidates or election issues, provided such signs do not exceed 4 square feet in area per display surface, and provided that any such signs, on private property, are removed within 10 days after the primary or election day; and provided further that any such signs in the public right-of-way are not erected prior to 30 days before the beginning date of one-stop early voting under G.S and ending on the 10th day after the primary or election day. The NC Department of Transportation may remove any signs erected without authority or allowed to remain beyond the dealine established in this paragraph. Signs in the right-of-way must be placed in compliance with the following: a. The sign permittee must obtain the permission of any property owner of a residence, business, or religious institution fronting the right-of-way where a sign would be erected. b. No sign is permitted in the right-of-way of a fully controlled access highway. c. No sign is allowed closer than 3 feet from the edge of pavement of the road. d. No sign may obscure motorist visibility at an intersection. e. No sign may be higher than 42 inches above the edge of the pavement of the road. f. No sign may be larger than 864 square inches. g. No sign may obscure or replace another sign. 10. Yard or garage sale signs announcing yard or garage sales, provided the signs do not exceed one sign per site of the sale and 4 square feet in area per display surface, and are removed within 7 days of posting. 11. Public event announcements by public or nonprofit organizations of special events or activities of interest to the general public, provided such signs do not exceed 1 sign per site of such events or activities and 12 square feet in area per display surface, and are removed within 14 days of posting.[note: expand to allow for temporary commercial event activity?] 12. Temporary signs announcing grand openings of new businesses only, provided such signs are attached to the building in which the business is located, do not exceed 32 square feet of display area per business site, and are displayed for a period not to exceed 45 days. 13. Information kiosks or bulletin boards erected by or on behalf of a governmental body on public property or rights-of-way in the Town Center Districts for the display of handbills or posters of community interest, provided such kiosks or bulletin boards contain no more than 6 square feet in area per sign display surface, and a maximum of 72 square feet per kiosk or bulletin board. 14. Signs stating that a business (other than a home occupation) is open, provided that there is no more than one such sign per business establishment, any illumination is steady (does not blink or flash), and the sign does not exceed 2 square feet in display area. 15. Non-commercial signs not covered by other exemptions listed in this section, provided such signs are located on private property and are non-illuminated. [NOTE: Still necessary?] Prohibited Signs The following signs are prohibited. A. Moving Signs Animated, rotating, or other moving or apparently moving signs, including vehicular billboards. B. Wind Signs Devices consisting of banners, streamers, pennants, wind-blown propellers, balloons, inflatable devices, strung light bulbs and similar installations, unless approved by the Town Manager for non-commercial, non-profit enterprises. C. Digital Changeable Copy Digital changeable copy that scrolls, blinks, or flashes, including but not limited to LCD, LED and any similar technology, except as used to display time and temperature or gas price. 4 June 19, 2015 Chapel Hill, North Carolina

51 75 D. Roof Signs Any sign visible from a public right-of-way that is constructed and maintained wholly upon or over the roof of a building. E. Human Signs A sign held by or attached to a human for the purposes of advertising or otherwise drawing attention to an individual, business, commodity, service or product. This may also include a person dressed in costume for the purpose of advertising or drawing attention to an individual, business, commodity, service or product. F. Signs That Are Not Permanent Any sign that is not permanently affixed to the ground or a structure (except sidewalk signs), including but not limited to trailer signs, signs on vehicles that are parked in a manner that serves the purpose of an advertising device, and temporary signs advertising property for sale, lease or rent. G. Traffic Safety Precautions Notwithstanding any other provision in this Land Use Management Ordinance, the following restrictions shall apply to signs in order to preserve the safety of pedestrian, bicycle, and vehicular movement: 1. No sign may make use of the words STOP, SLOW, CAUTION, DANGER, or any other word, phrase, symbol or character in such manner as is reasonably likely to be confused with traffic directional and regulatory signs. 2. Except as used to display time and temperature, no sign may contain flashing lights. 3. No sign, or part of a sign, may be located within a sight distance area established below. 4. No sign may be erected so that by its location, color, nature or message is likely to be confused with or obstruct the view of traffic signals or signs, or is likely to be confused with the warning lights of an emergency or public safety vehicle General Standards A. Subject Matter Related to Premises The subject matter of any sign must be related to the premises on which the sign is located, except where specifically exempted by this Land Use Management Ordinance. B. Cessation or Vacation of Use When the use or establishment to which a sign is related ceases or is vacated, any sign, including all of its supports, frames and hardware, must be removed within 4 months of the cessation or vacating of the use or establishment unless the sign is used by a new use or establishment on the premises in conformance with all current regulations of this Land Use Management Ordinance. C. No Signs in Public Right-of-Way All signs, including the supports, frames, and embellishments, shall not be located within any public right-of-way (except where specifically exempted by this Land Use Management Ordinance). No sign may be attached, affixed, or painted on any utility pole, light standard, telephone or telegraph pole, any tree, rock or other natural object. Chapel Hill, North Carolina 5 June 19, 2015

52 76 D. Unified Sign Plan 1. Where a zoning lot contains more than one principal use or establishment, the provisions of this Section apply to the zoning lot as a whole, and the owners of the zoning lot are responsible for allocating permitted signs and display surface area among the individual uses or establishments. 2. A unified sign plan is an overall plan for placement and design of multiple signs for a building or group of buildings on a zoning lot. 3. The unified sign plan submitted for a zoning lot must show all signs located or proposed on the zoning lot. 4. The unified sign plan must display harmony and consistency with regard to theme, number and size of signs, placement of signs, materials and colors, size and style of lettering, and type of sign illumination. E. Noncommercial Messages 1. Whenever this Section permits a commercial sign, a noncommercial message may be substituted for the commercial message. 2. The right to substitute the noncommercial message does not waive any other requirement imposed by this Land Use Management Ordinance as to number, size, construction, location, lighting, safety or any other regulated attribute. F. Address on Ground Signs The street address number must be included on all ground signs. Numerals must be at least 9 in height. The area of the address is included in any calculation of total sign area. G. Site Plan Review by Planning Commission The Planning Commission may approve signs in the Neighborhood Commercial districts that comply with the standards of this Section as part of a site plan review. 6 June 19, 2015 Chapel Hill, North Carolina

53 Permitted Signs RT, R-, MH, PD-H TC-, CC, NC, OI-, MU-V, I PD-SC PD-OI, PD-MU, PD-I Mixed Use OI-1, Mixed Use R-1 Sign Area Allocation (max) Building Signs P* P P P P* P P P P* P P P Maximum 5% of the building facade for all of these sign types combined P* P P P P* P P P Based on sign area Ground Signs -- P P P Maximum 2.5% of the building facade (in addition to other building signs) P* P P* P P* P P P Based on sign area P -- P P KEY: P = Sign type permitted P* = For allowed nonresidential uses only -- = Not Permitted Chapel Hill, North Carolina 7 June 19, 2015

54 78 A. Wall Sign C A B D E E E Description A wall sign is a sign attached to or painted on a wall or building, with the exposed display surface of the sign in a plane parallel to the plane of the wall to which it is attached or painted, and including signs affixed to or otherwise displayed on or through a facade window. Standards 1. No portion may extend above the roof line or above a parapet wall of a building with a flat roof. No portion may extend above the lower eave line of a building with a pitched roof. 2. Must not cover windows or architectural details. 3. Wall sign area includes signs visible from the outside that are located inside the building within 5 feet of the window. 4. For a cinema or theater, may be constructed as a marquee that extends less than 10 feet from the building and is at least 10 feet above the sidewalk (or finished grade where there is no sidelwak). 5. May be externally or internally illuminated in accordance with Sec Dimensions A A B C D E Display surface, building identification (max) Display surface, each establishment (max) Projection from bldg facade (max) Raceway (max % of letter height) Height above sidewalk (max) % of each window area (max) RT, R- MH, PD-H 16 SF NC, CC, TC-, OI-, MU-V, Ind limited by allocation PD-SC, PD-OI PD-MU,PD-I 40 SF SF MU OI-1, MU R-1 limited by allocation limited by allocation 12" % 35% 35% 35% % 15% 15% 15% Number of Signs 1. In the RT, R-, MH and PD-H Districts, maximum 1 wall sign per street frontage. 2. In all other districts, maximum of 1 wall sign per individual establishment per street frontage. 8 June 19, 2015 Chapel Hill, North Carolina

55 79 B. Awning Sign C B A D Description A sign where graphics or symbols are painted, sewn, or otherwise adhered to the awning material as an integrated part of the awning itself. Standards 1. Sign must not extend outside the awning. 2. Signs are not permitted on the sloping face of the awning. [NOTE: Allow signs on sloping face?] 3. Not allowed above the ground story. 4. May only be externally illuminated in accordance with Sec Dimensions A Display surface (max) 9 SF B Width (max % of awning width/depth) 75% C Height of message (max) 12 D Clear height above sidewalk (min) 8' Number of Signs 1. A maximum of 1 awning sign is permitted per awning. 2. Awning sign may be on either the front or side valance. Chapel Hill, North Carolina 9 June 19, 2015

56 80 C. Canopy Sign C A D B E Description A sign placed at the front edge of a canopy so that the display surface is parallel to the plane of the front building facade. Standards 1. Must not extend outside the overall length or width of the canopy, however, may extend above or below the canopy, provided the clear height is met. 2. Raceways are permitted for signs extending below or above the canopy. Otherwise, raceways are not permitted and the sign must be flush with the canopy face. 3. May be externally or internally illuminated in accordance with Sec Dimensions A Width (max % of canopy width) 75% B Height of text and graphics (max) 2' C Depth (max) 1' D Raceway (max % of letter height) 35% E Clear height above sidewalk, canopy and sign (min) Number of Signs 1. A maximum of 1 sign is permitted per canopy. 10' 10 June 19, 2015 Chapel Hill, North Carolina

57 81 D. Projecting Sign B A C A D B C E D E Description A sign applied to or mounted to the wall or surface of a building or structure, with a display surface that projects 12 inches or more from the outside wall of the building or structure. Standards 1. May be erected on a building corner when the building corner adjoins the intersection of two streets. Allocation of sign area from both frontages may be used for a corner projecting sign, provided it does not exceed the allowed height and width. 2. No portion may extend above the roof line or above a parapet wall of a building with a flat roof. No portion may extend above the lower eave line of a building with a pitched roof. 3. On buildings 4+ stories, the projecting sign must be located below the window sills of the 4th story. 4. May be externally or internally illuminated in accordance with Sec Dimensions Height (max) Mounted below 2nd floor A Mounted between 2nd and 3rd floor Mounted between 3rd and 4th floor Distance from building facade B (min/max) 4' 8' 12' 1' / 2' C Projection width (max) 4' D Depth (max) 12 E Clear height above sidewalk (min) 10' Number of Signs 1. Maximum 1 projecting sign per individual establishment per street frontage. 2. Must be located at least 25 feet from any other projecting sign or shingle sign. 3. Not allowed on a zoning lot with a commercial center or ground sign. Chapel Hill, North Carolina 11 June 19, 2015

58 82 E. Shingle Sign C A B E D F Description A small projecting sign that hangs from a bracket or support and is located over or near a building entrance. Standards 1. Must be located within 5 feet of an accessible building entrance. 2. Hanging bracket must be an integral part of design. 3. Must be located below the window sills of the 2nd story on a multi-story building or below the roof line on a 1-story building. 4. May only be externally illuminated in accordance with Sec Dimensions A Display surface (max) 9 SF B Height (max) 3' C Spacing from building facade (min/ max) 6"/12" D Projection width (max) 3' E Depth (max) 6" F Clear height above sidewalk (min) 10' Number of Signs 1. Maximum of 1 shingle sign or projecting sign per individual establishment per street frontage. 2. A shingle sign must be located at least 25 feet from any other shingle sign or projecting sign. 12 June 19, 2015 Chapel Hill, North Carolina

59 83 F. Crown Sign C D B A E Description A wall sign extending not more than 3 feet from the building facade located on the upper horizontal band of a building at least 55 feet and 4 stories in height. Standards 1. Only permitted on buildings at least 55 feet and 4 stories in height. 2. Must not be placed below the start of highest floor or extend above the roof line. 3. Must not cover windows or architectural details. 4. May only be internally illuminated in accordance with Sec Dimensions A Display surface (max) 250 SF B Height (max) 8' C Projection - measured from building facade (max) D Width (max % of facade width) 75% E Raceway (max % of letter height) 25% Number of Signs 1. No more than 1 sign per building facade and no more than 2 signs per building. 2. No more than 1 tenant or building may be identified on the sign. 3' Chapel Hill, North Carolina 13 June 19, 2015

60 84 G. Commercial Center Sign D B A C Description A commercial center sign is a free-standing sign attached to a contiguous structural base or planter box permanently affixed to the ground. Commercial center signs do not include free-standing signs supported by poles. Standards 1. Allowed for commercial centers, defined as a center with a minimum of 4 retail business tenants and 8,000 SF of retail business floor area. 2. Zoning lot must have 100 feet of street frontage minimum. 3. Sign must be set back at least 10 feet from the front property line and 15 feet from a side property line. 4. Sign must be located at least 250 feet from any other ground sign. 5. Minimum 9 letter height for all text. 6. May be externally or internally illuminated in accordance with Sec Dimensions A A Sign structure plus display surface (max) Display surface only (max) NC, CC, OI-1, OI-2, MU-V, MU OI-1, MU R-1, PD-MU Street up to 35 MPH Street 35 MPH SF 144 SF 50 SF 72 SF B Height (max) C Width (max) D Thickness (max) Number of Signs 1. Maximum 1 commercial center sign per street frontage. 14 June 19, 2015 Chapel Hill, North Carolina

61 85 H. Ground Sign D B A C Description A ground sign is a free-standing sign attached to a contiguous structural base or planter box the same width or greater width than the message portion of the sign, permanently affixed to the ground. Ground signs do not include free-standing signs supported by poles. Standards 1. Zoning lot must have a minimum 100 feet of street frontage to qualify for a ground sign (for smaller lots, see Cantilevered Ground Sign). Lot must be accessible by automobile and contain off-street parking for the principal use. 2. Buildings housing principal uses must be located at least 20 feet back from abutting right-of-way. 3. Sign must be set back at least 10 feet from the front property line and 15 feet from a side property line. 4. Sign must be located at least 150 feet from any other ground sign. 5. Minimum 9 letter height for all text. 6. May be externally or internally illuminated in accordance with Sec Dimensions RT, R-, MH, PD-H TC- All Other Districts A Display surface (max) 16 SF 8 SF 30 SF B Height (max) 6 8 8' C Width (max) ' D Thickness (max) Number of Signs 1. In the RT, R-, MH and PD-H Districts, maximum 1 ground sign per lot. 2. In all other districts, maximum 1 ground sign per street frontage. 3. No ground sign permitted on the same zoning lot as a projecting sign. Chapel Hill, North Carolina 15 June 19, 2015

62 86 I. Cantilevered Ground Sign A B C D Description A permanently affixed sign which is wholly independent of a building for support where the primary support is supplied by a post and the sign hangs from a bracket or support. Standards 1. No minimum street frontage required. 2. Buildings housing principal uses must be located at least 20 feet back from abutting right-of-way. 3. Must be set back at least 5 feet from the front lot line and 5 feet from a side lot line. 4. Hanging bracket must be an integral part of design. 5. Sign must be located at least 25 feet from any other ground sign. 6. May only be externally illuminated in accordance with Sec Dimensions A Display surface (max) 9 SF B Support height (max) 10' C Sign height (max) 6' D Display surface height, width (max) 3' Number of Signs 1. 1 cantilevered ground sign per street frontage. 2. No cantilevered ground sign permitted on same zoning lot as a projecting sign. 16 June 19, 2015 Chapel Hill, North Carolina

63 87 J. Development Identification Sign A B Description A permanently affixed sign which is wholly independent of a building for support attached along its entire width to a continuous pedestal that is used to identify entry to a development. General Provisions 1. Must be set back at least 10 feet from the front property line and 15 feet from a side property line. 2. Must not conflict with any clear sight triangle. 3. Must be constructed of brick, stone, wood, metal or glass. 4. May contain the name and logo of the development and one anchor tenant. 5. May be externally or internally illuminated in accordance with Sec Dimensions A A A Sign area (max, single side only) Sign area (max each, if two sides) Sign area (max, for development with a cinema, single side only) RT, R-, MH, PD-H PD-SC, PD-OI, PD-MU, PD-I MU OI-1, MU R-1 16 SF 20 SF 40 SF 8 SF SF SF B Height (max) 6' 6 8 Number of Signs 1. One development identification sign is allowed per primary entrance in the PD-SC, PD-OI, PD-MU and PD-I Districts. 2. In all other districts, 2 development identification signs are allowed per primary entrance, one on each side. Chapel Hill, North Carolina 17 June 19, 2015

64 Specialty Sign Types A. Sidewalk Sign A sidewalk sign is a movable sign not secured or attached to the ground or surface upon which it is located. This sign type is typically an A-frame or spring-mounted sign. 1. A sidewalk sign is not permitted in any residential district. 2. A sidewalk sign is permitted only along roadways with a posted speed limit of 35 MPH or less. 3. A sidewalk sign must be no more than 42 tall and 36 wide. The sign face must be no more than 9 square feet in area. 4. There may be no more than 1 sidewalk sign per tenant, generally located adjacent to the primary facade in front of the business. 5. Each sidewalk sign must be located at least 25 feet from any other sidewalk sign. 6. A sidewalk sign must be located outside the public right-of-way, except in the Town Center, where sidewalk signs may be placed within the right-of-way in accordance with Chapter 16 of the Town Code. The sign must not obstruct vehicular, bicycle or pedestrian traffic, and must comply with ADA clearance and accessibility. 7. The sign must be removed and placed indoors at the close of each business day. 8. No illumination is permitted. B. Parking Lot Identification Banners 1. Non-illuminated parking lot identification banners may be hung from private street lights in all non-residential districts for no more than 90 days with the approval of the Town Manager and the Community Design Commission. 2. Each parking lot identification banner must not exceed 4 square feet in display area, and must be limited to the name of the building or development. 3. One or two banners may be approved for display from each street light. 4. The colors, shape, materials, appearance and duration of display for such banners must be approved by the Town Manager and the Community Design Commission. C. Gas Stations 1. Pumps Signs located on the top of gas pumps (pump toppers) must comply with the following standards: a. Gas stations may install one pump topper per pump. b. Pump toppers are limited to a maximum of 6 square feet per side and no more than 2 sides per pump. c. The base of the pump must be a neutral color, and must not contain any signage. d. No internal illumination of the pump or pump topper is allowed. 2. Canopies Gas station canopy signs must comply with the following standards: a. The sign must be an integral component of the pump canopy (composed of lettering mounted, painted or otherwise affixed to the pump canopy, and not located on the top or bottom of the canopy). b. The features, materials, colors and designs used in the pump canopy must be similar to the principal structure. Such features are considered similar where the materials and colors of the canopy are the same as the predominant materials and colors of the principal structure. 18 June 19, 2015 Chapel Hill, North Carolina

65 89 c. Each canopy sign may not exceed 4 square feet of display area. The maximum letter height or trademark height must not exceed 18 inches. d. Additional canopy sign area may be permitted by transferring building sign display area. If building sign display area is transferred, one canopy sign is permitted on each side of a canopy, up to a maximum of three sides. e. The canopy must not encroach upon any publicly dedicated rights-of-way. f. The message must be limited to the name or registered trademark of the establishment located on the zoning lot. g. No internal canopy illumination is permitted. 3. Digital Gas Price Display Gas prices may be displayed as digital (electronic) changeable copy) Sign Measurements A. Computation of Sign Area The area of all signs is determined as follows: the sign from the structure on which it is mounted. Display surface includes the face of the structure that the message is affixed to. Display surface does not include any structural members not bearing advertisement. Ground Sign Wall Sign 3. The sign area of a three-dimensional sign is calculated as total area of the smallest rectangle, circle or square that fully encloses the largest profile of the three-dimensional sign. 1. For wall signs, awning signs, canopy signs and crown signs consisting of freestanding letters or logos, sign area is calculated as the total area of the rectangle, circle or square that fully encloses all the letters or logo. Tea Coffee 4. The area for a sign with more than one face is calculated by adding the area of all sign faces that are 45 degrees or greater; where the sign face angle is less than 45 degrees only the area of the largest sign face is computed as part of the sign area. 45 o Coffee & Tea 2. For signs on a background, the entire area of the background is calculated as sign area, including any material or color forming the sign face and the background used to differentiate Chapel Hill, North Carolina 19 June 19, 2015

66 90 B. Measurement of Sign Height The total height of a sign is measured from the highest point of the sign or supporting structure to the top of the abutting sidewalk (or the crown of the adjacent roadway where no sidewalk exists). Ground Sign Changeable Copy Changeable copy on signs must meet the following requirements. A. Defined A sign or portion of a sign that has a readerboard for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects (not consisting of an illumination device) that may be changed or re-arranged manually or mechanically without altering the face or the surface of the sign. B. Where Allowed Single Post Sign 1. Manual changeable copy signs are limited to the following uses: a. Place of worship or school; b. Theater with marquee; and c. Gas station. C. Sign Setback Signs required to be set back are typically measured from the property line. However, in instances where the property line is adjacent to a drainage area or other right-of-way that may reasonably be anticipated to exist in the future, the Town Manager may allow the sign to be placed at the property line without any setback. D. Sign Maintenance All signs must be maintained in good condition and present a neat and orderly appearance. Failure by the owner or tenant to remove poorly maintained signs may result in enforcement action by the Town. The Town Manager may cause to be removed (after due notice) any sign which shows gross neglect, becomes dilapidated, or if the ground area around it is not well maintained. 2. Manual changeable copy is allowed in conjunction with a permitted commercial center sign, ground sign or marquee wall sign only. 3. The manual changeable copy portion of the sign may be no greater than 50% of the total sign area on each display face. Max 50% of Sign Face 4. No electronic or digital changeable copy is allowed, except for digital time and temperature signs and gas price signs at gas stations, 20 June 19, 2015 Chapel Hill, North Carolina

67 Sign Illumination Illumination of signs must be in accordance with the following requirements. A. Prohibited Light Sources The following light sources are not permitted: 1. Blinking, flashing, chasing or scolling. 2. Bare bulb illumination. 3. Colored lights used in any manner so as to be confused with or construed as traffic control devices. 4. Direct reflected light that creates a hazard to operators of motor vehicles. B. Brightness The light from any illuminated sign must not be of an intensity or brightness that will interfere with the comfort, convenience and general welfare of residents or occupants of adjacent properties. Brightness must not exceed Town maximum footcandle standards. C. Internal Illumination 3. Visible transformers are not permitted. External light sources 1. Internal illumination is not allowed in the RT, R-, MH and PD-H Districts. Internally lit channel letters 2. Channel letters may be internally lit, halo lit or back-lit. 3. For internally illuminated signs, the background must be opaque or a substantially darker color than the sign message. 4. Light emitting diodes (LED) s are permitted as a light source only where the LED is behind an acrylic, metal or similar sign face and returns in such a manner that the LED modules are not visible from the exterior of the sign. D. External Illumination Lighting directed toward a sign must be shielded so that it illuminates only the face of the sign and does not shine directly onto public right-of-way or adjacent properties. External lighting of signs in the RT, R-, MH and PD-H Districts is permitted if illumination levels are low and all fixtures are concealed. Back lit channel letters E. Raceways and Transformers 1. If a raceway is necessary, it must not extend in width or height beyond the area of the sign. 2. Raceways must be finished to match the background wall or canopy, or integrated into the overall design of the sign. Internally lit cabinet signs with darker background Chapel Hill, North Carolina 21 June 19, 2015

68 92 Chapel Hill LUMO Topic Revisions Sec Parking and Loading Parking Landscaping A. General Provisions 1. Purpose Statement It is the intent of this Section to protect and promote the public health, safety, and general welfare by requiring the landscaping of parking areas which will serve to: a. Reduce radiant heat from surfaces; b. Reduce wind and air turbulence; c. Reduce noise; d. Reduce the glare of automobile lights; e. Mitigate stormwater impacts; and f. Protect and preserve the appearance, character and value of adjacent properties. 2. Applicability a. New Construction i. All new surface parking lots with more than 10 spaces shall provide parking lot landscaping in accordance with this subsection. ii. Multiple platted lots contained on a single site plan, and any separate parking areas connected with drive aisles, are considered a single parking area. b. Additions i. An existing parking lot may be renovated or repaired without providing additional landscaping, provided there is no increase in the area of the parking lot. for both the existing parking lot and the new parking area. c. Demolition When 50% or more of an existing parking lot is demolished and replaced by a new parking lot, landscaping is required for the new parking area. For the purposes of this Section, demolition is defined as disturbed area (see Appendix A, Definitions). Except for one- or two-family dwellings, all parking facilities, unless located entirely underground, shall meet the following minimum landscaping requirements. 3. Multifunctional Landscaping a. Nothing in this Section is intended to prevent the applicant from using landscaped areas for stormwater mitigation purposes, including landscape, perimeter screening, interior islands and median islands. b. Where low impact stormwater management features are incorporated, grading and edge treatments for landscaping and screening areas must allow stormwater inflow. In such cases, no berming or curbs are necessary. c. Multifunctional landscape areas must be sized appropriately to meet their intended function. d. The Town Manager may modify the landscaping standards of this subsection or the Design Manual to allow stormwater mitigation in parking lot landscape areas. ii. When an existing parking lot is increased in area, landscaping is required for the new parking area only. iii. When an existing parking lot is increased in area by more than 50% cumulatively, landscaping is required Chapel Hill, North Carolina Proposed (June) Revised (Aug) Revised (Sept) 1 September 22, 2015

69 93 B. Design Standards 1. Entrance Drives Entrance drives into parking facilities shall be bordered by a landscaped buffer strip a minimum of 8 feet in width, which shall be landscaped in accordance with Town landscaping standards. 2. Surface Parking Lots a. Foundation Buffer Strip Planting Parking facilities, unless located on or within a structure, shall Ground-level parking facilities and the ground level of parking structures must be separated from the exterior wall of a structure (exclusive of paved pedestrian and bicycle entrance ways or loading areas) by a landscaped buffer strip at least 5 feet in width, which shall be landscaped in accordance with Town landscaping standards. b. Perimeter Screening All surface parking lots (of any size) with frontage on any portion of a public street (not including an alley) shall be screened with the following: i. A minimum 5-foot wide, landscaped area with a continuous row of shrubs between the street and parking lot. Shrubs must be a minimum of 18 inches in height when planted and must reach a minimum size of 36 inches in height within 3 years of planting, OR ii. A 36-inch wall may be substituted for the 5-foot wide landscaped area with a continuous row of shrubs. iii. Breaks for pedestrian and vehicle access are permitted. iv. Perimeter screening may be installed below the level of the parking lot surface to allow for runoff capture PLACEHOLDER GRAPHIC PLACEHOLDER GRAPHIC 2 September 22, 2015 Proposed (June) Revised (Aug) Revised (Sept) Chapel Hill, North Carolina

70 94 if included as part of an approved stormwater management plan. c. Interior Islands i. A landscaped interior island must be provided every 10 parking spaces in excess of 20 spaces. Interior islands must be distributed evenly throughout the parking area. Interior islands may be consolidated or intervals may be expanded in order to preserve existing trees. ii. An interior island abutting a single row of parking spaces must be a minimum of 8 feet in width and 150 square feet in area. Each island must include 1 canopy tree unless the island is designed as a bioretention basin. iii. An interior island abutting a double row of parking spaces must be a minimum of 8 feet in width and 300 square feet in area. Each island must include 2 canopy trees unless the island is designed as a bioretention basin. iv. Interior islands may be installed below the level of the parking lot surface to allow for runoff capture if included as part of an approved stormwater management plan. v. If designed as a bioretention basin, interior islands must be 10 feet in width and must be planted with recommended vegetation for bioretention areas. Vegetation shall be provided within and adjacent to ground-level parking areas which will, in the opinion of the Town Manager, be sufficient to achieve shading of at least 35% of the parking area surface on noon on August 21 when the vegetation matures. d. Median Islands i. A landscaped median island must be provided between every 6 single parking rows. Intervals may be expanded in order to preserve existing trees. ii. A landscaped median island shall be a minimum width of 8 feet, as measured from back of curb to back of curb. iii. Landscaped median islands may be installed below the level of the parking lot surface to allow for runoff capture if included as part of an approved stormwater management plan. iv. Any trees planted in landscaped median islands must be canopy trees unless the median is designed as a bioretention basin. v. If designed as a bioretention basin, median islands must be 10 feet in width and must be planted with recommended vegetation for bioretention areas. e. Pedestrian Access i. Well-marked, ADA-compliant pedestrian access must be provided. ii. Access perpendicular to the main entrance from the parking area should be provided, whenever possible, iii. Where a sidewalk is added to a median, additional median width equal to the sidewalk width must be provided. f. Trees No parking space shall be farther than 75 feet from the trunk of a tree. Chapel Hill, North Carolina Proposed (June) Revised (Aug) Revised (Sept) 3 September 22, 2015

71 95 3. Parking Adjacent to Residential Zoning Surface parking facilities and the ground level of parking structures must be screened from any adjacent residentially zoned property. Either as a component of, or in addition to any other underlying perimeter landscape buffer requirements, this screening must be provided by: a. A continuous compact evergreen hedge at least 3 feet in height that will reach a height of 4 feet within 3 years of planting. or b. A screening fence or wall a minimum height of 4 feet and no more than 6 feet in height. The fence or wall must be compatible with the principal building in terms of texture, quality, material and color. 4. Drive-Thru Screening a. Where drive-thru windows and lanes are permitted to be placed between a public street (not including an alley) or ground floor residential use and the associated building, the entire length of the drive-thru lane, including but not limited to menu boards, stacking lanes, trash receptacles, ordering box, drive up windows, and other objects associated with the drive-thru must be screened. C. Plant Installation and Maintenance 1. All plants must be installed in accordance with the Town of Chapel Hill Design Manual, including minimum usable soil volume, calculations and installation instructions. 2. No invasive exotic plants, as defined by the Southeast Exotic Pest Plant Council, may be installed. Where invasive exotic plants exist on the site, they must be removed during the landscape installation process. 3. Where vehicles hang over medians or islands, shrubs and trees must be planted a minimum of 3 feet from back of the curb or wheel stop. 4. All plants and trees must be maintained and installed in accordance with in the Town of Chapel Hill Design Manual. The applicant shall be responsible for maintaining such vegetation in a safe and sanitary condition. 5. In providing the vegetation required in this subsection herein, the retention of existing significant vegetation must may be retained where, in the opinion of the Town Manager, the vegetation is significant and can it is feasibly be preserved. to retain the existing vegetation. b. Screening must be a continuous compact evergreen hedge or a screening wall. At the time of installation, a hedge must be at least 3 feet in height and reach a height of 4 feet within 3 years of planting. A screening wall must be a minimum height of 4 feet. The wall must be compatible with the principal building in terms of texture, quality, material and color. 4 4 September 22, 2015 Proposed (June) Revised (Aug) Revised (Sept) Chapel Hill, North Carolina

72 96 Chapel Hill LUMO Topic Revisions [NOTE: The issue of Water Quality is regulated in a variety of places in the LUMO, including the Watershed Protection District (WPD), in the Impervious Surface Ratios of the Dimensional Matrix, and in the environmental performance standards for Steep Slopes.] Sec Overlay Districts Watershed Protection District (WPD) A. Intent 1. 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. [NOTE: Consolidated under Authority below.] 2. 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. Authority This sectionarticle is established pursuant to the authority vested in the Town of Chapel Hill by the Session Laws and the General Statutes of North Carolina, particularly North Carolina General Statutes Chapter 143, Article 21, the authority referenced in section 1.2 of this ordinance, and implementing regulations of the North Carolina Environmental Management Commission or successor statutes and regulations (Administrative Code Section 15 NCAC 28,.0100,.0200, and.0300), hereafter referred to as state watershed regulations. [NOTE: Portions moved from another section. Elements referring to local zoning authority added for completeness.] C. Establishment of Watershed Protection District 1. 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 Section 3. All development within the watershed protection district shall comply with the requirements of this sectionarticle. In addition, all development within the watershed protection district shall comply with the requirements of any additional overlay districts and the underlying zoning district. 2. The area of the district shall be defined generally as an area extending 5 miles from the normal pool elevation of the Jordan Lake Reservoir, or to the ridge line of the watershed, whichever is less. 3. 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. D. Development in the Watershed Protection DistrictApplicability This Article section shall apply to development and land-disturbing activities within the WPD after the effective date (July 1, 1993) of this sectionarticle with the following exemptions: 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 tocontinued Use, Operation or Proposed (June) Revised (Sept) 1 September 22, 2015

73 97 Maintenance of Development Existing on July 1, 1993 i. This sectionarticle 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, In addition, this Section 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: ii. Substantial expenditure of resources (time, labor, money) based on a good faith reliance upon having received a valid approval to proceed with the project; iii. Having an outstanding valid building permit; or iv. Having expended substantial resources (time, labor, money) and having an approved site specific development plan pursuant to section 20.4 of the Development Ordinance. a. With respect to the requirements of this section, such development shall not be considered as nonconforming within the meaning of Section 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. [NOTE: The multiple lots, single owner language isn t interpreted from the original state regulations correctly. See below for better interpretation.] 2. New Development Not Requiring an Erosion and Sedimentation Control Permit New development activities that do not require an erosion and sedimentation control permit under State law or approved local government program shall be exempt from the provisions of this section. 3. Application To Existing New Single Family Development on Lots Existing as of July 1, 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, 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 section appendix. [NOTE: The Town currently requires development activity of every size to fo through WPD review. This language is an exemption allowed by the State that the Town does not currently offer.] [NOTE: All exceptions in the state regulations refer only to single residential units, which excludes duplexes.] 4. Existing Lots That Do Not Meet Intensity Requirements a. Lots of record as of July 1,1993 that do not meet the intensity requirements in subsection 3.6.4(f) and that are not contiguous to any other lot owned by the same party are exempt from the provisions of this section if it is developed for single family residential use. b. Lots of record as of July 1, 1993 that do not meet the intensity requirements in subsection 3.6.4(f) and that are contiguous to any other lot owned by the same party must be recombined in order to establish a lot or lots that meet or nearly meet the intensity requirements for the intended type of development. [NOTE: This is what was intended by limitations on multiple lots owned by the same owner to reduce nonconforming lots (for example, lots too small to meet the intensity regulations).] 5. Application of the Watershed Protection District to the Redevelopment 2 September 22, 2015 Proposed (June) Revised (Sept)

74 98 or Expansion of Development. Redevelopment Redevelopment is allowed under the provisions of this article if the redevelopment activity that does not have a net increase of built-upon area, redevelopment of lawfully established single family residences, or redevelopment that meets other exemption criteria of this section is exempt from the provisions of this section. Redevelopment activity that does have a net increase of built-upon area must provides equal or greater stormwater control than the previous development, subject to the performance standards in subsection 3.6.4(g).except that there are no restrictions on lawfully established single family and two-family residential redevelopment. 6. Expansions to Existing Development Expansions to existing development as of July 1, 1993 must meet the requirements of this sectionarticle; 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. 7. Reconstruction of Buildings or Built-Upon Areas Any building or built-upon area existing prior to July 1,1993 not meeting the restrictions of this ordinance that has been damaged or removed may be repaired and/or reconstructed, provided: a. Repair or reconstruction is initiated within 12 months and completed within 2 years of such damage or removal. b. The total amount of space devoted to builtupon area may not be increased unless stormwater control that equals or exceeds the previous development is provided, subject to the performance standards in subsection 3.6.4(g). d. Reconstruction of single family residential development is exempt from these requirements. [NOTE: This concept added from model ordinance.] E. 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(fe) and 3.6.4(g) are met. 2. Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1I ). F. 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. [NOTE: Overlaps and belongs with Intent, rather than this subsection.] 3. Any development in the watershed protection district shall be subject to the following optionsone of two options, or a combination of options, to control non-point source and stormwater pollution, as described in Table All options must meet the applicable performance standards in subsection 3.6.4(g). c. Reconstruction of buildings or built-upon area initially constructed on or after July 1, 1993 must meet the requirements of this section. Proposed (June) Revised (Sept) 3 September 22, 2015

75 99 Table : Development Options Options Land Use Low Density Development activities shall not exceed 2 dwelling units per acre (gross land area) or 24% built-upon area (impervious surface area) of gross land area. High Density 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 50% of gross land area for residential development or 70% 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). Options Land Use Drainage / Stormwater Requirements Standards Low Density Single-family residential With curb and gutter Development shall not exceed 2 dwelling units per acre on a project basis. No residential lot shall be less than 1/2 acre or 20,000 square feet excluding roadway right-of-way, except within and approved cluster development. Without curb and gutter Development shall not exceed 3 dwelling units per acre on a project basis. No residential lot shall be less than 1/3 acre, except within an approved cluster development. Other residential and non-residential With curb and gutter Development shall not exceed 24% built-upon area on a project basis. Without curb and gutter Development shall not exceed 36% built-upon area on a project basis. High Density Single-family residential Use stormwater control measures Development shall not exceed 50% built-upon area on a project basis. Other residential and non-residential Use stormwater control measures Development shall not exceed 70% built-upon area on a project basis. 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 30 feet. 2. For developments choosing the high-density option, the required stream buffer is one 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. [NOTE: Requirement for this was removed by passage of Jordan Rules in RCD currently provides similar protection for developments that need to meet WPD.] 4 September 22, 2015 Proposed (June) Revised (Sept)

76 100 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 ControlsStormwater Control Measures Unless otherwise approved, ownership of the engineered stormwater controls shall remain with the property owner or a property owner s association. Development activities which exceed the low density option requirements must control and treat stormwater runoff. Engineered stormwater controlsstormwater control measures shall be designed and constructed in accordance with standards and specifications established by the town manager, and designed to control and treat runoff from the first 1 inch of stormwaterprecipitation and remove 85% of the Total Suspended Solids using wet detention ponds, or using other methods measures accepted by the state. Unless otherwise approved, ownership of the engineered stormwater controlsstormwater control measures shall remain with the property owner or a property owner s association. 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 controlsstormwater control measures. 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-residentialnew development shall minimize built-upon area, minimize stormwater runoff impact to the receiving waters, minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, maximize the flow length through vegetated areas, divert stormwater away from surface water supply waters as much as possible, and employ best management practices to minimize water quality impacts. [NOTE: Modified to match state regs.] 5. Cluster Provisions The clustering of development superseding general cluster development requirements ofin accordance with section 3.8.8, where they conflict, of the Development Ordinance is Proposed (June) Revised (Sept) 5 September 22, 2015

77 101 encouraged, subject to the following additional standards: a. Minimum lot sizes are not applicable to single family cluster development projects; however, the Ooverall density of the project meets the associated density or and drainage/stormwater control requirements of section 3.6.4(fe) for all land use types; b. Areas of concentrated development are located in upland areas and away, to the maximum extent practicable, from surface waters and drainageways; c. Built-upon areas are designed and sited to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow; and d. The remainder of the tract shall remain in a vegetated or natural state. The title to this area shall be conveyed to an incorporated property owners association, a local government for preservation as a park or open space, a conservation organization, or placed in a permanent conservation or farmland preservation easement. Where a property association is not incorporated, a maintenance agreement shall be filed with the property deeds. [NOTE: Town s cluster provisions in differ from state regulations. Details here based on state model ordinance.] H. Variances from the Board of Adjustment 1. Application An owner of property who alleges that carrying out the strict letter of the provisions of this articlesection would create practical difficulties or unnecessary hardships may apply for a variance. Applications shall meet the following requirements: a. An application for a variance from the board of adjustment shall be filed with the town clerk in accord with the provisions of section 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 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. Burden of Proof b. Any owner of property applying to the board of adjustment for a variance from the provisions of this articlesection shall have the burden of establishing that such variance should be granted by the board. 3. 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. c. For all proposed variances, the town manager shall notify in writing all other local governments having jurisdiction within the watershed area governed by the state regulations and the entity using the water supply for consumption. A reasonable comment period shall be allowed for local governments to submit comments to the board of adjustment prior to a decision by the board. 2. Minor Variances 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. 3. Major Variances a. A request for a variance from any requirement of this article that conflicts with any provision in state watershed regulations, as amended, constitutes a major variance of a more significant nature. A request for such a variance may only be 6 September 22, 2015 Proposed (June) Revised (Sept)

78 102 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 or its successor agency, in accordance with the following procedures: b. 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: i. The variance application; ii. The hearing notices; iii. The evidence presented; iv. Motions, offers of proof, objections to evidence, and rulings on them; v. Proposed findings and exceptions; and vi. The proposed decision, including all conditions proposed to be added to the permit. c. 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 clerk in accord with the provisions of section 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 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. 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. 3. 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. I. Correction of Violations The owner of any land within the watershed protection district shall be presumed responsible for any violation of this articlesection 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 articlesection. 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 articlesection 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 section as provided for in articlesection 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 articlesection 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 Proposed (June) Revised (Sept) 7 September 22, 2015

79 103 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. [NOTE: a new map of the WPD will be prepared.] 8 September 22, 2015 Proposed (June) Revised (Sept)

80 104 Sec Dimensional Standards... Table 3.8-1: Dimensional Matrix (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K) (L) Zoning District Lot Size (square feet min) Density (units per acre max) Frontage (min feet) Lot Width (min feet) Building Height, Primary (max feet) Building Height, Secondary (max feet) Street Setback (min feet) Interior Setback (min feet) Solar Setback (min feet) Impervious Surface Ratio (max)* R-LD5 217, /.5/ RT 100, /.5/ R-LD1 43, /.5/ R-1A 25, /.5/ R-1 17, /.5/ R-2A 14, /.5/ R-2 10, /.5/ R-3 5, /.5/ R-4 5, /.5/ R-5 5, /.5/ R-6 5, /.5/ R-SS-C N/A N/A N/A N/A N/A.24/.5/ " TC-1 N/A N/A N/A 1.97 TC-2 N/A N/A N/A 1.97 TC-3 N/A N/A N/A 4.00 CC 5, /.5/ N.C. 5, /.5/ OI-1 5, /.5/ OI-2 5, /.5/ OI-3 2,000 N/A N/A N/A /.5/ OI-4 2,000 N/A N/A N/A N/A N/A I 17,000 N/A /.5/ MH 100,000 N/A /.5/ MU-OI-1 N/A N/A N/A N/A /.5/ MU-R-1 N/A N/A N/A N/A /.5/ Floor Area Ratio (max) MU-V arterial MU-V collector MU-V local 5, /.5/ , /.5/ , /.5/ * Impervious Surface Ratio within the Watershed Protection District is further regulated in Table : Development Options. [NOTE:.24 Impervious Surface Ratio deleted from this Town-wide Table. Requirement remains in place in the Watershed Protection District (WPD).] Proposed (June) Revised (Sept) 9 September 22, 2015

81 105 Rules for Interpretation of Table 3.8-1:... Column (K): For areas located within the watershed protection district, impervious surface is regulated under the provisions of section 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): 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 maximum impervious surface ratio is 0.50 for residential development.24 under a low-density option, as defined in Table For residential development under a high-density option, as defined in Table , the impervious surface ratio is.50. For development with a non-residential component, under a high-density option as defined in Table , the maximum impervious surface ratio is.70. Impervious surface restrictions shall not apply to town center zoning districts. Lakes/ponds shall not be considered to be impervious surfaces. 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 10,000 square feet, the maximum amount of impervious surface under the low-density option shall be 40%. 10 September 22, 2015 Proposed (June) Revised (Sept)

82 106 Sec Critical Areas and Environmental Performance Standards Erosion and Sedimentation Control All developments shall comply with the provisions of applicable soil erosion and sedimentation control regulations (article 5 of chapter 5 of the town code of ordinances). Certification of compliance with or exemption from the requirements of such regulations shall be submitted to the town manager prior to issuance of any zoning compliance permit for the development. No engineering construction permit or building permit shall be issued until certification of the completion of control measures and facilities required for all associated land-disturbing activity has been submitted to the town manager Steep Slopes A. Purpose and Intent Statement The purpose of this subsection is to minimize the grading and site disturbance of steep slopes by restricting impervious surfaces and land disturbance in such areason steep slopes, and by requiring special construction techniques in for development on steeply slopes.d areas in order to These provisions are intended to: 1. Protect water bodies (streams and lakes) and wetlands from the effects of erosion on water quality and water body integrity, 2. Protect the plant and animal habitat of steep slopes from the effects of land disturbance, and 3. Preserve the natural beauty and economic value of the town s wooded hillsides. B. Definitions For purposes of this section, slope means the ratio of elevation change to horizontal distance, expressed as a percentage. Slope is computed by dividing the vertical distance ( rise ) by the horizontal distance ( run ), and multiplying the ratio by 100. A steep slope is equal to or steeper than 15%. For purposes of this section, a slope shall include only those areas of size 400 square feet or greater. ThreeFour different categories of slopes are established in this section, as described in Table The construction and development restrictions are established in Table for each category of slopes. Cut and fill slopes include all slopes graded by excavating part of a higher area, raising the surface of a lower area, or combining the two methods of construction. C. Applicability 1. For purposes of this section, a steep slope shall include only those areas of size 400 square feet or greater. Three different categories of steep slopes are established in this section, as described in Table Steep slope regulations contained in this section shall not apply to single family dwelling units or two-family/accessory apartment dwelling units on lots lawfully created prior to January 27, 2003, or lots created pursuant to a preliminary plat approved by the town manager prior to January 27, Steep slope regulations contained in this section shall not apply to existing cut and fill slopes associated with roads, parking lots or driveways. D. Contents of Application Application Requirements The following information shall be provided for any application proposing development where the project area includes an area of steep slopes: on a lot or parcel that includes a steep slope of at least 15%10%: 1. A slope and topographic map for both existing and proposed conditions based on a certified boundary survey map depicting contours at an interval of 5 2 feet or less. The map shall indicate, through cross-hatching or separate colors, all areas within each slope category described above. Slope determinations shall be made upon areas with a size of 400 square feet or greater in the categories described in Table 5.3-1, below.an analysis of the direction, rate and volume of stormwater runoff leaving each area within a slope category described above. 2. A map showing tthe location of any existing swales, streams, or other watercoursesareas of concentrated flow. 3. A map showing current land use cover type or ground cover on steep slopes. Proposed (June) Revised (Sept) 11 September 22, 2015

83 A map showing soil types for the whole site, and providing from the county soil survey the names of the soil types and depths to bedrock for each type. 5. Additional information may be required if steep slopes will be impacted by development. 2. The following information shall be provided for any application proposing development on a lot or parcel that includes a slope greater than 15%: a. A detailed site analysis of soil conditions, b. A detailed site analysis of hydrology, c. A detailed site analysis of bedrock conditions, and d. A detailed site analysis of any other engineering and environmental considerations as may be required by the town manager in order to determine whether the proposed development will create a threat to the public health, safety and general welfare or cause land subsidence, erosion, or increases in the rate of volume of stormwater entering adjoining properties. E. Cut and Fill Slope Requirements All new cut and fill slopes must not be steeper than a 3:1 slope (33%). Steeper slopes may be conditionally approved by the Town Manager. F. Disturbance Limitations No more than 25% of the total combined area of 4:1 (25%) or steeper slopes shall be disturbed unless a variance is granted by the Board of Adjustment. G. Construction Techniques 1. Construction activities on slopes greater than 15% shall comply with the following: 1. All plans mst show provisions for reducing and minimizing stormwater runoff during construction of steep slopes and cut and fill slopes. 2. All perimeter dikes, swales, ditches, perimeter slopes; all slopes 2:1 or steeper; all slopes between 2:1 and 3:1 and greater than 10 feet in length; and all slopes between 3:1 and 4:1 and greater than 50 feet in length and all slopes steeper than 3:1 shall be provided temporary or permanent stabilization with ground cover sufficient to restrain erosion as soon as practicable but in any event within 7 calendar days of any phase of gradingthe last landdisturbing activity. 3. All other ddisturbed areas shall be provided temporary or permanent stabilization with ground cover sufficient to restrain erosion as soon as practicable but in any event within must be stabilized within 14 calendar days of termination or completion of any phase of grading. by a temporary or/ permanent ground cover sufficient to restrain erosion.exposed soil that is not under continuous construction for a period of morth than 15 calendar days shall be revegetated with temporary or permanent vegetation so that the soil is not left exposed following issuance of a certificate of occupancy, vegetation shall be reestablished. 4. When any given area of construction is completed, it must have a permanent, stabilizing ground cover applied within the specified time period above. If irrigation is not provided, then the exposed soil shall be planted with species which can survive without irrigation. Vegetative cover or any alternative cover (rock, masonry, etc.) shall be maintained in perpetuity. 2. Disturbed areas on Sslopes greater than 25% = 14 days but it depends b.2. All cut and fill slopes shall not exceed a 3 (horizontal) to 1 (vertical) by the town manager uponno construction shall take place without certification, by a qualifiedlicensed soils or geotechnical engineer or geologist, stating that the slope will remain stable under foreseeable conditions. The certification must delineate any specific stabilization measures deemed necessary by the soils engineer or geologist. 2. No cut and fill slopes shall exceed a 3 (horizontal) to 1 (vertical) ratio, equivalent to a slope of 33%, without the Town Engineer s. 12 September 22, 2015 Proposed (June) Revised (Sept)

84 108 Table 5.3-1: Slope Construction Restrictions and Requirements Slope Category Illustration Development Restrictions < 10% No additional building restrictions pursuant to this Section. 10 to 15% Site preparation techniques shall be utilized which minimize grading and site disturbance Greater than 15%, less than 25% Building and site preparation may occur upon demonstration of specialized site design techniques and approaches as described in subsection (d). 25% or higher. Generally unsuitable for development. Land disturbance shall not exceed 25% of the area containing 25% or greater slopes unless a variance is granted by the Board of Adjustment. For disturbed areas, building and site preparation shall utilize specialized site design techniques and approaches as described in subsection (d). Proposed (June) Revised (Sept) 13 September 22, 2015

85 109 Slope Category Illustration Development Restrictions Less than 15% (approx. 7:1) No additional application requirements, design requirements, construction requirements, or land disturbance limitations pursuant to this Section 15% (7:1) or greater, but less than 25% (4:1) See D. above for application requirements. See E. above for cut and fill slope requirements. See F. above for disturbance limitations. See. G. above for construction techniques. 25% (4:1) or greater See D. above for application requirements. See E. above for cut and fill slope requirements. See. G. above for construction techniques. 14 September 22, 2015 Proposed (June) Revised (Sept)

86 110 Appendix A. Definitions... Gross land area: All area within the boundaries of a zoning lot (net land area) plus half of the following areas located within or adjoining the lot: (1) publiclyowned or otherwise permanently dedicated open space, such as parks, recreation areas, water bodies, cemeteries and the like, and (2) public rights-of-way streets; provided that the total amount of credited open space and public streets shall not exceed 10% of the net land area of the zoning lot. Net land area. All area within the boundaries of a development project. Development project. A project in which one or more lots, tracts, or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures, including, but not limited to, planned development and/or cluster development for residential, commercial, institutional, recreational, open space, and/or mixed uses as provided for in this zoning code. [NOTE: New supporting definitions (net land area, development project) that enable the proposed changes to the WPD standards.] Proposed (June) Revised (Sept) 15 September 22, 2015

87 111 Chapel Hill LUMO Topic Revisions [NOTE: It is presumed these new standards will be applied as an overlay district. The initial overlay will cover neighborhoods developed before Additional neighborhoods may apply the overlay as well, if desired.] Neighborhood Character Overlay Intent The Neighborhood Character Overlay is intended to encourage reinvestment and reinforce the established character of designated residential neighborhoods in the Town. The standards are intended to accommodate the majority of infill development in existing residential neighborhoods, and have been crafted to allow an applicant (and Town staff) to look to the surrounding residential context for guidance regarding compatibility Establishment of Neighborhood Character Overlay The Contextual Infill Overlay District is established here. The boundaries of the district are as shown on the Official Zoning Atlas. B. Height Height may not exceed 10 feet above the plate height of the tallest house on the immediately adjacent lots on the same block face, and in no case may height exceed the applicable underlying zoning district standard. Height Allowed by District Zoning 10 Max Plate Height Increase A Neighborhood Character Standards A. Applicability 1. These standards apply within the Neighborhood Character Overlay shown on the Official Zoning Atlas. 2. These standards apply to any residential project under 2 acres in size located adjacent to an existing single-family or duplex residential lot. Height Allowed by District Zoning 10 Max Plate Height Increase A 3. These standards do not apply to nonresidential development (which must follow the standards of the underlying zoning district). Chapel Hill, North Carolina 1 June 15, 2015