ATTACHMENT 1

AGENDA #3

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Public Hearing: Land Use Management Ordinance Text Amendments--Modifications to Sign Regulations and to Regulations of Development Proposed by State and Local Government Units

DATE: May 16, 2005

INTRODUCTION

This Public Hearing has been called to consider the following changes:

1) Sign Regulations: a modification to the sign regulations of the Land Use Management Ordinance. The modification to sign regulations would remove a restrictive section of the ordinance regarding the height of wall signs.

2) Public Land: modifications to the Land Use Management Ordinance based on recent State law regarding municipal zoning authority over projects proposed by State and local government. The modifications would clarify the applicability of the Land Use Management Ordinance to the land as well as buildings on publicly-owned land, to the extent that the State law allows. In a related action, a bill has been introduced to repeal the provision in Session Law 2004-199 regarding public lands. The change to the Land Use Management Ordinance we are recommending would be appropriate even if this bill were to pass since it would state that Town zoning authority extends to State and other public lands where the Town has jurisdiction under State law.

BACKGROUND AND DISCUSSION

Sign Regulations

Section 5.14.8 of the Land Use Management Ordinance applies to signs in non-residential zoning districts. Restrictions for wall signs are provided in Section 5.14.8(4) and include various restrictions on the location, size, and height of allowed wall signs. It has been brought to the staff’s attention that the developers of a building currently under construction in Southern Village would have difficulty meeting the requirement in Subsection H of this section. We have found that in January, 2003, when the Land Use Management Ordinance was enacted, a new wall sign restriction was added. The new restriction provides:

“Wall signs shall be located above the principal doorway to the building, or on either side of doorway such that the principal message is at eye level and that no portion of the sign extends higher than eight (8) feet above ground level.”

We believe the Land Use Management Ordinance consultant may have added this provision to the regulations in error. Our review of the public hearing proceedings revealed no discussion of the change, nor was staff aware of the change. We do not believe that an eight (8) foot height restriction is reasonable.

Mr. Stephen J. Manton requested removal of this requirement from the ordinance, drawing attention to several existing signs in the Town of Chapel Hill, that do not conform to this requirement. Please see the letter requesting the change (Attachment 3). We believe this is a reasonable request.

Public Land

Last fall we reported to the Town Council that a provision of the State’s 2004 Technical Corrections Bill, enacted as Session Law 2004-199, modified municipal zoning authority over projects proposed by the State and units of local government. Under the provisions of the new law, which became effective October 1, 2004, municipal zoning authority extends to development of land proposed by the State and local governmental units. Under the law in effect prior to this amendment, local zoning applied only to erection of buildings on such land. In addition, under this new statute, publicly-owned property is subject to local overlay zoning districts.

We provided a report on September 27, 2004, which addressed the implications of this change on the Town’s land use regulatory process, including the impact of this change on the Town’s own development projects and the Town’s review of projects submitted by the University and other public agencies. A copy of the report is attached (Attachment 2). The proposed text amendment to Section 1.4 would adjust the introductory applicability section of the Land Use Management Ordinance to acknowledge and address the change to State law.

We recommend consideration of the following adjustment shown by strikethroughs and underscoring:

“1.4 Applicability

This Chapter shall be effective throughout the Town's planning jurisdiction. The planning jurisdiction of the Town comprises the area described by Chapter 473 of the Session Laws of 1975, as modified from time to time in accordance with Section 160A-360 of the North Carolina General Statutes.

Except as otherwise specifically provided in this Chapter, no land or structure shall hereafter be used or occupied, and no excavation, removal of soil, clearing of a site, or placing of fill shall take place on lands contemplated for development, and no structure, or part thereof, shall be constructed, erected, altered, renovated, or moved, except in compliance with all of the applicable provisions of this Chapter.

Notwithstanding the foregoing, regulations established in this Chapter as enacted on January 27, 2003, with the exception of occupancy restrictions for single-family and two-family structures, shall not apply to valid Special Use Permits, Development Plans, and Preliminary Plat applications approved by the Town Council, and valid Site Plan Review applications approved by the Planning Board, prior to the effective date of this enacted Chapter. Such developments shall be subject to regulations that were applicable immediately prior to the effective date of this Chapter as enacted on January 27, 2003, with the exception of occupancy restrictions for single-family and two-family structures.

The Ordinance shall apply to all public land(s) ~~buildings~~ and private land(s), and use(s) thereon over which the Town has jurisdiction under the constitution(s) and law(s) of the State of North Carolina and of the United States, including any areas within the jurisdiction of the Town pursuant to North Carolina General Statutes Section 160A-360. Pursuant to North Carolina General Statute Section 160A-392, the zoning regulations in this Chapter enacted under authority of North Carolina General Statutes Chapter 160A, Article 19, Part 3, are applicable to the erection, construction, and use of buildings by the State of North Carolina and its political subdivisions; provided, however, that land owned by the State may not be included in an overlay district or conditional use district enacted under that Part without approval of the Council of State. The Planning Department (hereinafter known as the "Department") of the Town can be contacted for further information about the use of this Chapter.”

RECOMMENDATION

Planning Board Recommendation: The Planning Board reviewed the proposed changes on May 3, 2005, and voted 7-0 to recommend the changes. Please refer to the attached Summary of Planning Board Action.

Manager’s Preliminary Recommendation: We recommend that the Town Council enact the proposed changes to the Land Use Management Ordinance regarding sign regulations and regarding public lands.

Ordinance A would amend the Land Use Management Ordinance.

ATTACHMENTS

ATTACHMENT 1

ORDINANCE A

(Manager’s Preliminary Recommendation)

AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE to CHANGE THE wALL SIGN PROVISIONS AND TO CHANGE PUBLIC LAND PROVISIONS

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed text amendments to the Land Use Management Ordinance regarding wall sign provisions and regarding public land and finds that the amendments are 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:

Section 1. Section 5.14.8(4) of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:

“5.14.8(4) Wall Signs

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.

Wall signs may be erected and displayed on a zoning lot in compliance with the maximum percentage of facade coverage limitations contained in Subsection 5.14.9, provided:

Wall signs placed in the space between windows located vertically one above the other shall not exceed in height two-thirds (2/3) of the height of the taller of the adjacent windows.
Wall signs placed in the space between windows located horizontally beside each other shall not exceed in height two-thirds (2/3) of the height of the taller of the adjacent windows.
No wall sign shall protrude more than twelve (12) inches from the wall to which it is attached.
No wall sign shall extend above the parapet or eave line, as appropriate, of the building to which it is attached. If the building consists of more than two (2) stories, wall signs shall not extend above the second story.
The display area of wall signs painted on, affixed to, or otherwise displayed on or through a facade window shall not exceed fifteen percent (15%) of the area of the window.
Wall signs shall not cover up or interrupt major architectural features.
The message of wall signs shall be limited to the name(s), trademark(s) and servicemark(s) of the establishment(s) located on the zoning lot and/or a multi-use development located thereon. Additionally, the message of wall signs may include information necessary to direct patrons to the business where the business may not have a direct entrance from the street or pedestrian and bicycle way.
Wall signs shall be located above the principal doorway to the building, or on either side of doorway such that the principal message is at eye level and that no portion of the sign extends higher than eight (8) feet above ground level.”

Section 2. Section 1.4 of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:

“1.4 Applicability

Section 3. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

Section 4. That these amendments shall become effective upon adoption.

This the ___ day of ____, 2005.