Annotated Outline
For Revising Chapel Hill’s Development Ordinance
April 18, 2001
DRAFT DEVELOPMENT ORDINANCE OUTLINE
Article 5. Design and Development Standards [now Article 14]
Article 6. Special Regulations for Particular Uses
Article 7. Nonconformities and Vested Rights [now Article 22]
Article 8. Administrative Agencies [now Article 25]
Article 9. Legal Status [now Article 26]
Appendix A. Definitions [currently Article 2]
Appendix C. Application Submittal Requirements
Article 1.Purpose & Scope
1.1 Title
1.2 Authority
1.3 Purpose This Section establishes purposes of ordinance consistent with subdivision (NCGS §§ 160A-372) and zoning (NCGS §§ 160A-381/-383) enabling legislation, including any subsidiary purposes identified by the Town Council (e.g., affordable housing, protection of infrastructure capacity, good faith efforts to provide infrastructure to accommodate anticipated population growth, compact growth, protection of agricultural lands, and similar objectives).
1.4 Applicability - lists territorial jurisdiction, and uses and activities subject to the Development Ordinance.
1.4.1 Statutory exemptions
1.4.2 Governmental facilities such as sewage treatment plans (e.g. Davidson Town v. City of High Point, 321 N.C. 252, 362 S.E.2d 553 (1987)
1.4.3 Vested rights and nonconforming uses consistent with Article 8, below and N.C.G.S. §§ 160A-385.1)
1.4.4 Cross references subdivision chapter (see Article 5, below) and statutory exemptions per NCGS §§ 160A-376)
1.5 Consistency with Comprehensive Plan - describes the Development Ordinance’s relationship with the Comprehensive Plan and related policy documents
1.6 Interpretation - provides rules for interpretation of Development Ordinance. References Definitions (Appendix A)
1.7 Permits and Certificates - establishes the need for permits and certificates prior to actions relating to the Development Ordinance
1.8 Fees - states that fees will be charged for actions requested under the Development Ordinance. Note: Amounts of fees are established by separate fee schedule ordinance.
Article 2.Use Patterns
This is a new section, not mirrored in the current Chapel Hill Development Ordinance. This section includes purpose, procedure for establishment, use allocation, density, lot standards, open space, and street patterns for development patterns that comprise the majority of permitting activity, and/or which Chapel Hill would like to encourage. This defines groups of activities that may be permitted in any, or selected, zoning districts. This section differs from Article 5 (“Development Standards”) in that it provides development standards applicable to particular multi-use activities, while Article 5 provides development standards for all development. This Article differs from Article 3 (Zoning) in that it does not divide uses into districts.
2.1 Conventional Subdivision – establishes guidelines for conventional subdivisions without a unified commercial center.
2.2 Conservation Subdivision – establishes design guidelines for developing areas with unique topographical or environmental constraints.
2.3 Traditional Neighborhood Development (TND) – establishes design guidelines for new neighborhoods on undeveloped sites
2.4 Infill Development – establishes design guidelines for developing vacant lots in existing neighborhoods or commercial areas
2.5 Vertical Mixed Use – establishes design guidelines and requirements/incentives for buildings which include both residential and non-residential uses. Guidelines will include location, setbacks, building modulation and street-level design.
2.6 Transit-Oriented Development – establishes design guidelines for development served by high-capacity public transportation
2.7 Commercial Center – establishes guidelines for development of retail and/or employment centers
Article 3.Zoning Districts
3.1 Establishment of Districts - creates the districts established by this Article, per N.C.G.S. § 160A-382. This Section divides the Town into districts within which uniform dimensional, setback, parking, signage, and other restrictions on the erection, construction, reconstruction, alteration, repair and use of buildings, structures or land apply. This section describes the difference between base zoning districts, overlay zoning districts, and conditional use districts.
3.2 Zoning Atlas
3.3 District Boundaries – establishes rules for interpreting the boundaries of districts
3.4 Use Regulations [now in Article 12]
3.4.1 Delineates Permitted, Conditional and Accessory Uses
3.4.2 Authorized Use Matrix – accessory, permitted and special uses are designated in the use matrix. Uses in the matrices will be listed as “P” (permitted), “S” (special), “A” (permitted as an accessory use), or “–” (not permitted). The matrix may be attached here, or in an Appendix. Because the matter is highly technical, it is suggested that the Use Matrix be placed in an Appendix.
3.4.3 Incentive Zoning – establishes bonus densities for set-asides for parks/open space or environmentally sensitive areas (“critical areas”) which exceed the ordinance requirements. While the Town can establish reasonable minimum standards, incentive zoning provides regulatory incentives for developers who choose to impose standards that the Town either (1) could not legally require unilaterally, or (2) chose not to require unilaterally for policy reasons.
3.4.4 Inclusionary zoning – establishes requirements for the set-aside of affordable housing in new subdivisions and developments. Establishes procedures to ensure that housing which is set-aside remains affordable.
3.5 Dimensional, Area and Lot Development Standards [now Article 13] – establishes minimum lot sizes, densities, setbacks, and height regulations. Suggest replacing the LUI, Outdoor Space, and Livability Space and Recreation Space ratios with 1-2 special measures (e.g., impervious surface ratio, open space ratio) and minimum – maximum setbacks (front and side), with parks and open space improvements addressed in Article 5. Maximum front setbacks (“build-to” lines) and maximum side would be established in infill areas and commercial centers to bring buildings up to the street and to form streetwalls. Tighter impervious surface ratios and open space ratios would be established in areas where environmental restrictions prevail or a more low-density pattern of development is desired.
3.6 Conditional Use Districts [now 3.1.11] – establishes rules of procedure for conditional zoning consistent with North Carolina statutes and caselaw.
3.7 Mixed Use Zoning District (MU) [now Article 4]. Address percentages of uses, and vertical mixed use as permitted use. Require residential/office or residential/retail.
3.8 Traditional Neighborhood Development Overlay District (TND) [new]
3.9 Transit Oriented Development Overlay District (TOD) [new]
3.10 Resource Conservation Overlay District (RCD) [now Article 5]. Tighten by permitting only pervious surfaces and permeable parking, subject to a percentage restriction. Surface parking with impervious pavement permitted only with variance.
3.11 Water Quality Overlay District [now Article 9, to be combined with Watershed Protection District, now Article 10]
3.12 Historic Overlay Districts [now Article 6]
3.13 Special Appearance Overlay Districts [now Article 7]
3.14 Airport Hazard Overlay District [now Article 8]
3.15 Infill Development Overlay District (IDD) Permits development of residential or commercial infill per the “Infill Development Strategies” of the Plan. [new]
Article 4. Procedures
4.1 General Procedural Requirements - establishes uniform procedures for processing of site plans, plan amendments, rezonings, variances and zoning permits. Provides for a citizen participation plan and preliminary Town Council review feature in order to minimize conflicts and to provide a forum for the resolution of conflicts before final commitments are made. A comprehensive listing of submittal requirements for each type of application (e.g., rezoning, site plan, comprehensive plan amendment) may be included in an Appendix to the Development Ordinance.
4.2 Comprehensive Plan Amendments - establishes procedure for processing Comprehensive Plan amendments and specific plans
4.3 Concept Plan Review – New process for review/comment of Concept Plans by the Town Council (currently reviewed by Community Design Commission).
4.4 Zoning Amendments [now Article 20] - establishes procedure for processing applications for a zoning text amendment, comprehensive map amendments (see N.C.G.S. § 160A-384), rezonings, and Special Use districts.
4.5 Special Use Permit [now Article 18] - establishes procedure for processing special use permit (SUP) applications, submittal requirements (typically, a site plan), and designates agency responsible for approval
4.6 Appeals Procedures [now Article 24] - establishes procedures for processing of appeals by the BOA (see N.C.G.S. §§ 160A-388(b))
4.7 Interpretation Procedures - establishes procedures for processing of interpretations by the Town Manager and BOA (see N.C.G.S. §§ 160A-388(c))
4.8 Variance Procedures - establishes procedures for processing of variances by the BOA (see N.C.G.S. §§ 160A-388(d))
4.9 Site Specific Development Plans - establishes procedures for classifying and processing SSDP’s which confer vested rights pursuant to N.C.G.S. § 160A-385.1. These are similar to “development agreements” in many states, although the limitations imposed by North Carolina courts relating to contract zoning must be taken into consideration.
4.10 Subdivision Plats – includes purpose, authority, jurisdiction, procedure, improvement guarantees, neighborhood associations, resubdivision, and plat vacation. Cluster developments [now 17.8] is replaced with Conservation Subdivisions (see Article 2). Park dedication is moved to Article 5. specifications for drawings, monumentation, elevations, benchmarks, and endorsements are moved to Appendix C, with this section reserved for procedures.
4.11 Site Plan Review [now Article 19] - establishes applicability of site plan approval requirement, procedures for processing, and contents of site plan (note: the contents may be placed in an Appendix because they tend to be highly technical). May also apply to procedures for commercial, multi-family, and industrial development even where a rezoning is required. Includes procedural requirements for Site Analysis Data [now Article 15], with balance of Article 15 to Appendix C (Application Submittal).
4.12 Development Ordinance Ministerial Permits {now Article 19] - establishes applicability of ministerial permits for uses permitted as of right, as well as special situations such as home occupations, and telecommunications facilities.
4.12.1 Building permit - establishes relationship between Development Ordinance and building permit provisions. The Development Ordinance regulates land use and subdivision, while the building permit regulates building construction pursuant to a preemptive state code. New requirements will be that public water/sewer be available to a lot (or be demonstrated that it will be brought to a lot), and that access to a publicly maintained road be available, prior to issuance of a building permit.
4.12.2 Zoning Compliance Permit - requires issuance of Zoning Compliance Permit prior to application for building permit, except for single-family and two-family dwellings. The ZCP is issued after approval of site plans. Prohibits building inspector from approving building permit prior to issuance of zoning compliance permit, except for single-family and two-family dwellings, pursuant to N.C.G.S. § 160A-417.
4.12.3 Permits for special situations
(i) Home Occupation Permit
(iii) Sign permit
4.13 Violation and penalty [now Article 23] - sets penalties for violation of the Development Ordinance
Article 5.Design and Development Standards [now Article 14]
5.0 Overall Site Design – States general design principles and objectives, including minimizing impervious surfaces, emphasizing non-automobile modes of transportation, and maximizing opportunities for energy conservation. Will refer to Design Manual for details.
5.1 Adequate Public Facilities – addresses Schools and Streets with updated traffic impact analysis procedures and thresholds. Note: Adequate Public Facilities Ordinance for Schools is currently under consideration. New provisions to extend this concept to streets will be suggested.
5.2 Erosion and Sedimentation Control [now 14.8]
5.3 Handicapped Access [now 14.15]
5.4 Landscaping, Screening and Buffering [now 14.12] - landscaping and buffering standards that will capitalize on the community’s character and identity while preserving natural resources and protecting water quality. These requirements will be applied to all new development, redevelopment or building expansion projects including streetscaping of rights-of-ways. Includes parking lot landscaping with emphasis shading and pedestrian circulation. Includes reference to Design Manual for details about buffer specifications and landscaping details.
5.5 Lighting [now 14.15]
5.6 Lot Arrangement and Dimensions [now 14.4, 17.7] - This establishes guidelines for measuring setbacks and regulations governing block length and perimeter.
5.7 Parks & Open Space [now 17.9] - This establishes set-aside requirements for parks (active recreation) and open space (passive recreation), design guidelines, and maintenance requirements. This also requires the reservation and dedication of recreation facilities or the payment of in-lieu fees to maintain the level of service (LOS) standard for parks consistent with N.C.G.S. § 160A-372. The formula for calculating the in-lieu fee will be simplified.
5.8 Parking, Loading and Bicycles [now 14.6] - includes updated landscaping, flexible (shared use) and pedestrian-oriented standards. Reference landscaping standards. Provides maximum as well as minimum requirements. Provides minimum bicycle as well as car spaces required. Parking location includes rear parking for commercial development in order to promote pedestrian and transit access. Includes automatic parking reductions and/or exemptions for shared parking, mixed use, bicycle and transit infrastructure, structured parking, and downtown/infill locations. FAR bonus is provided for structured parking (see flexible zoning and density bonus in Article 3, § 3.4.4).
5.9 Signs [now 14.13]
5.10 Solid Waste Collection and Recycling [now 14.11]
5.11 Stormwater Management [now 14.7] – addresses capacity of stormwater facilities, best management practices (BMP’s), and permeable pavement. Emphasizes low-impact development with bioretention and distribution of pervious surfaces in parking lots.
5.12 Transportation [now 14.5] – addresses right-of-way and cross-widths, geometric design, connectivity, access management, and pedestrian facilities. A connectivity ratio of 1.6 (see note below) is suggested for conventional subdivision design, with a lower ratio for Conservation Subdivisions to minimize impervious surfaces and a higher ratio for Traditional Neighborhood Developments to encourage pedestrian connectivity and dispersal of traffic. Addresses pedestrian facilities, bicycle facilities, transit, and streets. Requires sidewalks on both sides of major streets. Sidewalks must connect to other sidewalks where available, or extend to edge of property, and provide continuous access to primary entryway to building. Walkway design standards are provided, with connectivity to neighboring developments required. [cross-reference § 5.1 for Traffic Impact Analyses] Refer to Design Manual for specifics on street cross-sections. Following is information describing the concept of a connectivity ratio.
Note: the connectivity
ratio is a technique for measuring the connectivity of a street system by
dividing the number of Street Links divided by the number of Nodes. A high connectivity ratio means that the
street system has more connections than one with a lower ratio. A pure grid system has a ratio of 2.5. In North Carolina, connectivity ratios have
been adopted by Cabarrus County, Cary, and Concord. The technique was developed by Reid Ewing in Best Development
Practices (American Planning Association, 1996).
5.13 Tree Protection [now Article 11] – defines protected, rare and specimen trees, establishes permitting requirements, protected areas, and permitted activities within root protection zones. Add in-lieu fees and shading requirements with existing natural vegetation to count toward landscaping.
5.14 Utilities [now 14.9, 14.10] - addresses requirements for and location of utilities.
Article 6.Special Regulations for Particular Uses
6.1 Accessory Uses and Structures
6.2 Group Homes
6.3 Home Occupations
6.4 Signs
6.5 Telecommunications facilities
Article 7.Nonconformities and Vested Rights [now Article 22]
This Article addresses continuance of nonconforming uses and procedures for determining the existence of nonconforming uses and vested rights
7.1 Intent of Provisions
7.2 Continuing Lawful Use of Property and Structures
7.3 Discontinuance or Abandonment (includes Discontinuance of Advertising, Junk Yards, Etc)
7.4 Change of Use Regulations
7.5 Expansions, Alterations and Repairs
7.6 Certificate of Nonconforming Use - requires filing of CNU within designated time period following adoption of Development Ordinance in order to track nonconforming uses for planning purposes
7.7 Vested Rights Determination - requires application for VRD within designated time period following adoption of Development Ordinance or amendments and establishes procedure for processing VRD applications
Article 8.Administrative Agencies [now Article 25]
This Article will be cross-referenced to the procedures section.
8.1 Board of Adjustment - states the powers and responsibilities of the BOA
8.2 Planning Board - states the powers and duties of The Planning Board relating to implementation of the Development Ordinance and development of the Comprehensive Plan.
8.3 Governing Body - states the powers and duties of the Town Council in implementation of the Development Ordinance
Article 9.Legal Status [now Article 26]
9.1 Severability - protects the balance of the Development Ordinance if part is found to be invalid.
9.2 Coordination with Other Regulations - describes the relationship between the Development Ordinance and other regulations and guidelines, including other provisions of the Town Code of Ordinances, the Comprehensive Plan, and the Design Manual.
9.3 Repeal of Inconsistent Regulations
9.4 Effective Date - sets the date when the Development Ordinance is to take effect consistent with North Carolina law.
Appendix A. Definitions [currently Article 2]
Appendix B. Use Matrix
Appendix C. Application Submittal Requirements