AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE REGARDING CERTIFICATES OF APPROPRIATENESS (2006-01-09/O-7)
WHEREAS, the Council of the Town of Chapel Hill has considered the proposed text amendment to the Land Use Management Ordinance regarding Historic District Commission approval of Certificates of Appropriateness in public right-of-way and finds that the amendment is warranted in order to achieve the purposes of the Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
(1) No exterior portion of any building or other structure
(including masonry walls, fences, light fixtures, steps and pavement, or other
appurtenant features), or any aboveground utility structure, or any type of
outdoor advertising sign shall be erected, altered, restored, moved, or
demolished within the Historic District until after an application for a
Certificate of Appropriateness as to exterior architectural features has been
approved. For purposes of this Article, "exterior architectural
features" shall include the architectural style, general design, and
general arrangement of the exterior of a building or other structure, including
the kind and texture of the building material, the size and scale of the
building, and the type and style of all windows, doors, light fixtures, signs,
and other appurtenant fixtures. In the case of outdoor advertising signs,
"exterior architectural features" shall be construed to mean the
style, material, size, and location of all such signs.
(2) A Certificate of Appropriateness shall be issued prior to the issuance of a Zoning Compliance Permit or any other permit granted for purposes of constructing, altering, or demolishing buildings or structures. A Certificate of Appropriateness shall be required whether or not a Zoning Compliance Permit is required. Any Zoning Compliance Permit or other permit not issued in conformity with this Section shall be invalid.
(3) The Town and all public utility companies shall be required
to obtain a Certificate of Appropriateness prior to initiating any changes in
the character of street paving, sidewalks, utility installations, lighting,
walls, fences, structures, and buildings on property, or easements, or
streets owned or franchised by the Town of Chapel Hill or public utility
companies., excluding regulatory signs, other traffic control
measures and devices, and utility distribution systems located in public
right-of-way.
(4) A Certificate of Appropriateness application may be reviewed and approved by the Town Manager according to specific review criteria contained in State law and guidelines approved by the Commission when the application is determined to involve minor work. Minor works are defined as those exterior changes that do not involve any substantial alterations, and do not involve additions or removals that could impair the integrity of the property and/or the district as a whole. Such minor works shall be limited to those listed in the Commission’s Rules of Procedure, or a successor document. No application involving a minor work may be denied without the formal action of the Commission. Ordinance requirements for notification of affected property owners must be met for all applications.”
Section 2. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 3. That these amendments shall become effective upon adoption.
This the 9th day of January, 2006.