AN ORDINANCE AMENDING THE TOWN CODE OF ORDINANCES TO APPLY REGULATIONS NOW APPLICABLE IN TOWN CENTER-1 AND TOWN CENTER-2 ZONED AREAS TO TOWN CENTER-3 AREAS (2007-03-26/O-4)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1. Section 11-302 of the Town Code is hereby revised to read as follows:
The provisions of this article shall apply to private property used for
non-residential purposes in all areas of the town zoned TC-1, and
TC-2, and TC-3 under the Chapel Hill Development Ordinance.”
Section 2. Section 17-76 of the Town Code is hereby revised to read as follows:
The council hereby finds that:
(a) Increasing the vitality of the town's commercial zoning districts is in the best interest of the citizens of the Town of Chapel Hill and the public health, safety and welfare;
(b) The Town Center-1, and-2, and -3, Neighborhood
Commercial, Neighborhood Commercial-Conditional, Community Commercial, and
Community Commercial-Conditional zoning districts are in need of special
efforts to enhance their vitality; and such efforts will promote the public
health, safety and welfare;
(c) Permitting limited sales of food and beverages by
businesses adjacent to public sidewalks in the Town Center-1, and -2, and
-3, Neighborhood Commercial, Neighborhood Commercial-Conditional,
Community Commercial, and Community Commercial-Conditional zoning districts
will enhance the vitality of the downtown and other commercial areas of Chapel Hill and the health, safety and welfare of the citizens of the town.”
Section 3. Section 17-86 of the Town Code is hereby revised to read as follows:
(a) The sale of food under this article shall be limited to the further restrictions in this article.
Businesses with street frontage in the Town Center-1, and-2,
and -3, Neighborhood Commercial, Neighborhood
Commercial-Conditional, Community Commercial, and Community
Commercial-Conditional zoning districts may use the sidewalk area in front of
their business, or in front of an adjacent property, with the concurrence of
the affected property owners, and with the permission of the town manager. The
town manager shall determine where sales are permissible on the basis of
whether room is available in front of each business to permit at least six (6)
feet of clear passage for pedestrians and all other restrictions of this
article in addition to the space used for sales. This minimum clear passage
width may be increased if the town manager determines it is necessary in
specific locations to provide adequate and safe pedestrian flow.
(b) Sales permitted under this article shall be within the
Town Center-1, and-2, and -3, Neighborhood
Commercial, Neighborhood Commercial-Conditional, Community Commercial, and
Community Commercial-Conditional districts as defined in the Chapel Hill Land
Use Management Ordinance and Zoning Atlas.
(c) Chairs and tables and related barriers, approved by the town manager, may be placed on the sidewalk; these tables and chairs and related barriers shall have a maximum height of four (4) feet and shall have a maximum length of five (5) feet and a maximum width of three (3) feet.
(d) Activities authorized under this article shall comply with all applicable laws, ordinances and regulations, including but not limited to those pertaining to noise control, health, fire protection, litter control, business licenses, zoning, signs, and traffic safety.
(e) Activities permissible under this article shall not interfere with or impede the safe and orderly flow of pedestrian and vehicular traffic; shall leave clear for pedestrian traffic a continuous area of paved sidewalk at least six (6) feet wide, or at least six (6) feet of width of normally traveled area if there is no paved sidewalk; and shall leave clear for access purposes an area at least three (3) feet wide next to the curb or edge of public streets where parking or standing of vehicles is permitted.
(f) Sidewalk sales under this article shall not be conducted:
(1) Within ten (10) feet of a fire hydrant, driveway, alley used by vehicles, or of a parking space for handicapped people.
(2) In any manner which damages or endangers any tree or shrub; within the area of a tree grate, fence or other protective device; or in the area of the roots of a tree or shrub if such area is unpaved, and/or within ten (10) feet of the base of the tree or within three (3) feet of the base of the shrub.
(3) In intersection or bus stop areas pursuant to section 17-82.
(g) The chairs and tables and any related barriers placed on the sidewalk must be removed by midnight and may not be placed on the sidewalk prior to 7:00 a.m. The chairs and tables and any related barriers must be removed in inclement weather.”
Section 4. This Ordinance shall be effective upon enactment.
This the 26th day of March, 2007.