I, Amy T. Harvey, Acting Town Clerk of the Town of Chapel Hill, North Carolina, hereby certify that the attached is a true and correct copy of (2015-11- 23/O-6) enacted by the Chapel Hill Town Council on November 23, 2015. This the 25th day of November, 2015. Amy T. Harvey Acting Town Clerk
ATTACHMENT ORDINANCE - A Enacting the Land Use Management Text Amendment AN ORDINANCE ENACTING LAND USE MANAGEMENT ORDINANCE TEXT AMENDMENTS TO UPDATE THE REGULATIONS FOR ACCESSORY APARTMENTS CONSISTENT WITH THE COMPREHENSIVE PLAN (2015-11-23/O-6) 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 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 WHEREAS, upon consideration, the Council finds that the amendment is reasonable and is 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) 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) 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 Phase One topics recommended for text amendments to the Land Use Management Ordinance 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 WHEREAS, the staff has received public comments on the proposed text amendment; and WHEREAS, the Council finds the proposed text amendment for accessory apartments 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 In Section 3.8. Rules for Interpretation of Table 3.8-1: Dimensional Matrix, Columns B and C are hereby amended to read as follows: 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 singlefamily dwellings with accessory apartment. The maximum density requirements (Column (C)) are expressed in dwelling units per gross acre. SECTION II Section 5.9.5 Parking Design Standards is hereby amended to read as follows: Section 5.9.5 Parking Design Standards. All parking areas shall meet the following minimum design requirement: (a) Ingress to and egress from parking areas shall conform to the design manual. (b) In the town center, TND or TOD districts, if a setback is provided between a principal structure and a street, such setback shall not be used for off-street parking. (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.
(d) No parking area or maneuvering space shall be located within a public street right-ofway. Parked vehicles in off-street parking spaces shall be prevented from intruding on travel lanes, walkways, public streets, or adjacent properties by means of walls, curbs, wheel stops, or other appropriate means. (e) The size of parking spaces shall be adequate for the safe parking of vehicles and maneuvering space shall be provided so that parking and unparking can be accomplished in one continuous maneuver. Parking facilities designed to accommodate five (5) or more vehicles shall be designed in accord with the standards for stalls and aisles as set forth in the standard details and specifications. (f) Curbed islands shall be required at the ends of or between parking aisles where necessary for traffic control or drainage control. (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. (h) Parking facilities shall be designed to connect with parking facilities on adjacent zoning lots where appropriate to eliminate the need to use the abutting street(s) for cross movements. (i) All off-street parking facilities shall be provided with a drainage system meeting the design standards contained in section 5.4. (j) All lighting of and within parking facilities shall conform to the lighting design standards contained in section 5.11. (k) Adequate provision shall be made for the ventilation, dispersion, and removal of smoke and gases from above-ground and below-ground parking structures. (l) Parking facilities designed to accommodate five (5) or more vehicles shall provide areas as necessary for the parking of motorcycles, mopeds, and bicycles. Such areas shall be clearly defined and reserved for the exclusive use by motorcycles, mopeds, and bicycles. (m) Parking facilities designed with the appropriate number, size and type of handicapped parking spaces, ramps, crosswalks and associated infrastructure to comply the Americans With Disabilities Act standards, North Carolina Accessibility Code, and town standard. Such spaces shall be clearly defined and reserved for the exclusive use by handicapped persons. (n) Parking facilities shall be designed with walkways and lighting to facilitate safe walking movements to and from parked vehicles.
SECTION III Section 5.9.6 Parking Landscaping Standards is hereby amended to read as follows: Section 5.9.6 Parking Landscaping Standards. Purpose statement: It is the intent of this subsection to protect and promote the public health, safety, and general welfare by requiring the landscaping of parking areas which will serve to reduce radiant heat from surfaces, to reduce wind and air turbulence, to reduce noise, to reduce the glare of automobile lights, to ameliorate stormwater drainage problems, and to protect and preserve the appearance, character, and value of adjacent properties. 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: (a) Parking facilities, unless located on or within a structure, shall be separated from the exterior wall of a structure, exclusive of paved pedestrian and bicycle entrance ways or loading areas, by a buffer strip at least five (5) feet in width, which shall be landscaped in accord with town landscaping standards. (b) Entryways into parking facilities shall be bordered by a buffer strip a minimum of eight (8) feet in width, which shall be landscaped in accord with town landscaping standards. (c) Ground-level parking facilities and the ground level of parking structures shall be screened from adjacent streets by means of an effective screening device which is at least three (3) feet in height above the grade of the edge of the parking area. Groundlevel parking facilities and the ground level of parking structures shall be screened from adjacent properties zoned Residential by means of an effective screening device which is at least six (6) feet in height above the grade of the edge of the parking area. Appropriate screening devices may include solid decorative brick walls, wood fences, berms, tight evergreen hedges which shall reach the required height within two (2) years of planting, or any combination of the above. (d) 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 thirty-five (35) per cent of the parking area surface on noon on August 21 when the vegetation matures. The applicant shall be responsible for maintaining such vegetation in a safe and sanitary condition. (e) In providing the vegetation required herein, the retention of existing significant vegetation shall be encouraged.
SECTION IV In Section 5.9.7., Minimum and Maximum Off-Street Parking Space Requirements, the requirements for Dwelling, single-family and single-family with accessory unit use are hereby amended to read as follows: Use Dwelling, single-family and single family with accessory unit Dwelling, single-family with accessory apartment Vehicular Parking Town Center Zoning Non-Town Center Districts Zoning Districts* Minimum Maximum Minimum Maximum Number of Number of Number Number of Parking Parking of Parking Parking Space Spaces Space Spaces Bicycle Parking Minimum Bicycle Parking Requirements** N/A N/A N/A N/A N/A 1 per Accessory Apartment bedroom constructed after [effective date] N/A 1 per Accessory Apartment bedroom constructed after [effective date] N/A N/A SECTION V In APPENDIX A. DEFINITIONS, the definition of Dwelling units, single-family with accessory apartment is hereby amended to read as follows: 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 950 for an attached accessory apartment that does not expand the footprint of an existing principal dwelling unit and 750 square feet for a detached accessory apartment and further provided the dwelling s exterior design and entry locations give the dwelling the appearance of a single-family dwelling. for which: (1) Accessory (attached or not attached) apartments have a floor area limit of no more than 750 square feet or 75% of the floor area of the principal dwelling unit (whichever is smaller), except as provided in the next sentence. (2) The floor area of an attached accessory apartment may exceed the aforementioned
floor area limit of 750 square feet and be up to 1000 square feet of floor area only if both of the following conditions are met: a) an attached accessory apartment does not increase the existing footprint of the structure (principal dwelling unit, garage or other existing, standalone structure on the property) to which it would be attached; and b) the attached accessory apartment does not exceed 75% of the floor area of the principal dwelling unit. (3) Together, the principal Any dwelling unit and the accessory apartment that are part of a two-family dwelling shall be classified as a rooming house (a different use type and group) if occupied by more than four (4) persons who are not related by blood, adoption, marriage, or domestic partnership. SECTION VI This ordinance is effective upon enactment. This the 23rd day of November, 2015.