AGENDA #4h

 

MEMORANDUM 

 

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:            Zoning Violations along West Rosemary Street

 

DATE:            March 5, 2001

 

 

The attached resolution would authorize the Town Manager to use a comprehensive approach to dealing with a series of zoning violations along the north side of West Rosemary Street, primarily in the 300 and 400 blocks.

 

BACKGROUND

 

It has come to our attention recently that there are several zoning violations in this area, mostly in the form of parking lots that have been created without approval and that do not meet Town standards.  In some cases, parking areas have grown into unpermitted parking lots; in others new parking lots are being established without a zoning compliance permit.  Parking is a permitted use in this Town Center 2 zone, but each use must have an administrative zoning compliance permit.  Because this is such a small area with so many parking uses, it is possible that cooperation among two or more owners may serve each better than would each working alone to correct his or her violation.  Such cooperative work would likely take more time than would each person acting alone.

 

Owners of several non-compliant parking lots have recently been notified of the need to come into compliance.  In most, if not all, cases, corrective action will necessitate an application for development approval.  In cases where a development application is submitted for a property on which the proposed activity has already started, the application fee is doubled as penalty according to Town Council policy.

 

DISCUSSION

 

Because of the concentration of similar violations in a small area, we recommend applying a more comprehensive approach than usual.  We have completed an inspection tour of all the properties in the area and have sent notices of violations to the owners of each of the non-complying lots.  We have also included in the letter that we would be making the following proposal to the Town Council tonight:

 

  1. Notify owners of non-complying uses that as of May 1, their properties must either be in compliance with the Development Ordinance, or be the subject of development applications seeking approvals that would eliminate the violations.

 

  1. For properties that either come into compliance or are the subject of submitted development applications as of May 1, no fines will be assessed and no application-fee penalties will be imposed.

 

  1. Those properties not in compliance with the Development Ordinance and not the subject of a corrective development application as of May 1, 2001, will be the subject of civil penalties of $25 per day; and development applications submitted after May 1, 2001, for which development activity has already started, will be subject to the double application fee penalty.

 

  1. If zoning enforcement is postponed for a property pending decision on an active development application proposing corrective action, and the application is denied, the property owner will have 30 days for the date of denial of the application to restore the property to a condition that meets ordinance requirements.  Any property in violation after 30 days, will be subject to normal enforcement procedures, including applicable fines.

 

RECOMMENDATION

 

That the Council adopt the following resolution which would approve the comprehensive approach outlined above for dealing with violations of the parking regulations of the Development Ordinance concentrated around the north side of the 400 block of West Rosemary Street.

 

A RESOLUTION AUTHORIZING A COMPREHENSIVE APPROACH TO DEALING WITH VIOLATIONS OF THE PARKING REGULATIONS OF THE DEVELOPMENT ORDINANCE CONCENTRATED AROUND THE NORTH SIDE OF WEST ROSEMARY STREET (2001-03-05/R-9.1)

 

WHEREAS, a number of violations of the parking regulations of the Development Ordinance are concentrated in the area on the north side of the 300 and 400 blocks of West Rosemary Street; and

 

WHEREAS, it appears that cooperation among the owners of the non-compliant lots may produce better results than corrections achieved in an individual manner; and

 

WHEREAS, such cooperative work may take more time to plan and implement than independent work;

 

NOW THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Town Manager to implement the following comprehensive approach:

 

  1.  Notify owners of non-complying uses that as of May 1, their properties must either be in compliance with the Development Ordinance, or be the subject of development applications seeking approvals that would eliminate the violations.

 

  1. For properties that either come into compliance or are the subject of submitted development applications as of May 1, no fines will be assessed and no application-fee penalties will be imposed.

 

  1. Those properties not in compliance with the Development Ordinance and not the subject of a corrective development application as of May 1, 2001, will be the subject of civil penalties of $25 per day; and that development applications submitted after May 1, 2001, for which development activity has already started, will be subject to the double application fee penalty.

 

  1. If zoning enforcement is postponed for a property pending decision on an active development application proposing corrective action, and the application is denied, the property owner will have 30 days for the date of denial of the application to restore the property to a condition that meets ordinance requirements.  Any property in violation after 30 days, will be subject to normal enforcement procedures, including applicable fines.

 

This the 5th day of March, 2001.