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.