Article 3. ZONING DISTRICTS, USES, AND DIMENSIONAL STANDARDS

§ 3.11. Blue Hill Form District.

Latest version.

3.11.1.1 Purpose. The Blue Hill Form District, previously known as the Ephesus/Fordham Form District, established in Section 3.11 is intended for the specific area of the town designated as a focus area in the Comprehensive Plan 2020. This Form District fosters a residential, mixed use and pedestrian-friendly area. Unlike conventional zoning, this Form District fosters more predictable results and a high-quality public realm. This is achieved by prescribing the physical form of buildings and other elements, by addressing the relationship between building façades and the public realm, and by specifying the form and mass of buildings and the scale and types of streets and blocks. This Form District is considered a Special Appearance District, in accordance with Town Charter Chapter 5, Article 5, Appearance of Structures.

3.11.1.2 Overall Site Design.

Purpose. The purpose of this section is to provide general and specific design and development standards by addressing details of site planning and project design. These standards are intended to ensure that proposed development is compatible with existing and future development on neighboring properties, and produces an environment of stable and desirable character, consistent with the Blue Hill Form District. These standards are implemented to ensure that development within this Form District will be designed, arranged, phased and constructed in a safe, orderly, energy-efficient, and visually harmonious manner and will incorporate environmental stewardship. Energy-efficient design of buildings is encouraged so that they may be constructed, operated and maintained in a manner that minimizes the use of energy without constraining the building function or the comfort or productivity of the occupants.

Applicability. Except as otherwise specifically provided in this code, no land or structure in the Blue Hill Form District may be used or occupied, and no excavation, removal of soil, clearing of a site, or placing of fill may take place on land contemplated for development, and no structure, or part of a structure, may be constructed, erected, altered, renovated, or moved except in compliance with the general and specific design and development standards specified here and the standards contained in the Design Manual.

Application of Land Use Management Ordinance Requirements. Except as otherwise provided in this Code, the following sections of the Land Use Management Ordinance do not apply in the Blue Hill Form District:

Article 3, Zoning Districts, Uses, and Dimensional Standards:

Section 3.6.3, Resource Conservation District

Section 3.7.2, Use Matrix

Section 3.7.3, Use Groups

Section 3.8 , Dimensional standards

Section 3.10 , Inclusionary zoning

Article 4, Procedures:

Section 4.7, Site plan review

Section 4.8, Master land use plan

Article 5, Design and Development Standards;

Section 5.1, Overall site design

Section 5.3.2, Steep Slopes

Section 5.4, Storm water management

Section 5.5 , Recreation

Section 5.6 , Landscaping, screening and buffering

Section 5.11 , Lighting Standards

Section 5.17 , Prevention of demolition by neglect

Section 5.19 , Jordan watershed stormwater management for new development

Article 6, Special Regulations for Particular Uses

Where sections of the Land Use Management Ordinance, other than those listed above, expressly conflict with a standard set out in Section 3.11, the standards of this Section control.

Application of Town Code. For development standards not covered by section 3.11, the other applicable sections in the Town's Code of Ordinances shall be used as the requirement. Similarly, all development must comply with all applicable federal, state or local regulations and ordinances. Where the Town's Code of Ordinances expressly conflicts with a standard set out in section 3.11, the standards of this Section control.

Application of Town Design Manual. The town maintains a design manual which contains specific design and construction standards. Such standards must be in accord with the general performance standards contained here, and must reflect, where applicable, generally accepted design and construction practices and techniques. The design manual must contain sufficient flexibility in the application of specific standards so as to permit modifications of the standards where such modifications have been determined by the town manager to be equally or more appropriate to safe, orderly, energy-efficient, and visually harmonious development due to particular conditions of a development site, and that such modifications continue to be in conformance with the Blue Hill Form District general performance standards contained in this section 3.11. Where the Design Manual expressly conflicts with a standard set out in this section 3.11, the standards of this section control.

Application of Town Comprehensive Plan. Unless otherwise provided in this section 3.11, the Blue Hill Form District regulations shall serve as a mechanism for accommodating and implementing the guidance of the town's adopted Comprehensive Plan, which includes but is not limited to other plans related to greenways, bicycle facilities, parks and stormwater.

Application of Blue Hill Design Guidelines.

For the purposes of maintaining a consistent and cohesive design aesthetic in the Blue Hill Form District, the Blue Hill Design Guidelines shall be used to interpret the standards of Section 3.11.

Certificate of appropriateness review.

The Design Guidelines shall serve as a reference for the Community Design Commission's review for a certificate of appropriateness as established in 3.11.4.7.D.1.

Applicants for development shall use the Design Guidelines in preparing projects for the Community Design Commission's review. For guidelines applicable to certificate of appropriateness review as indicated in the appendix of the Design Guidelines, the Community Design Commission shall deem the application to have met a given standard of Section 3.11 if the application complies with at least one lettered statement under the applicable guideline(s).

The Design Guidelines shall provide guidance to the Community Design Commission in determining whether a design alternative is warranted.

Where qualitative terms such as "compatible" and "appropriate" are used in Section 3.11 to describe the form of the built environment, the Community Design Commission shall refer to the Design Guidelines when making a determination of whether development exhibits such qualities.

The town council shall consider revisions to the Blue Hill Design Guidelines to reflect changes in best practices for urban design, changes in technology, and/or changes to development regulations. The town manager shall revise the Design Guidelines as needed to make technical corrections or improve formatting.

Application of design alternatives. Where a proposed variation to the requirements of section 3.11 meets the intent of the Design Guidelines and satisfies the provisions of section 3.11.1 in terms of building form, aesthetic quality, orderly development, and high-quality public realm, and where the Community Design Commission makes a finding that a proposed design alternative could provide an equivalent or better result that meets the purpose and intent of section 3.11, the Community Design Commission may approve such an alternative design as part of a certificate of appropriateness.

3.11.2. District Character.

3.11.2.1. Districts and Frontages.

District summary. The Blue Hill District is a vital node of living, shopping and working, centrally located between downtown Chapel Hill and Durham. The Form District ensures that this essential hub is able to reach its full potential as both a destination and a community. The regulations support residential and mixed uses at varying levels of intensity, all of which will combine to foster a lively and engaging street environment easily accessible to pedestrians, bicyclists, transit riders and automobile users.

District intent. This Form District is intended to implement the Ephesus Church Road/Fordham Boulevard Small Area Plan. Specifically, the Blue Hill District provides the implementation mechanism for the citizen-endorsed vision for the project area, which is a more dense, walkable urban environment with balanced access for all modes of travel.

Subdistricts established. In order to implement the vision of the Ephesus Church Road/Fordham Boulevard Focus Area Plan, the following subdistricts have been established and are depicted on the Regulating Plan in section 3.11.2.2.

Walkable Residential (WR-). The Walkable Residential Subdistrict is intended to create residential neighborhoods with a mix of housing types, together with civic buildings and open space essential to creating neighborhoods. The Walkable Residential Subdistricts are differentiated by the maximum building height permitted.

WR-3: maximum height limit of three (3) stories (forty-five (45) feet).

WR-7: maximum height limit of seven (7) stories (ninety (90) feet).

Frontages established. Frontages are established in this code to apply certain standards for development along all thoroughfares in the district, both existing and proposed. All public thoroughfare frontages shall be assigned one of the frontage types defined in this code.

Type A Frontage. The Type A Frontage is intended for areas where the highest level of walkability is desired. The Frontage creates a "main street" environment with buildings pulled up to the street edge. Type A frontage is differentiated into Type A-1, Type A-2, and Type A-3 to provide three different levels of build-to-zone coverage, sidewalk width, and setback criteria. Type A frontages are generally appropriate for Collector Streets, Local Streets, and District Streets.

Type B Frontage. The Type B Frontage is intended for areas adjacent to major streets where pushing buildings back creates a quiet pedestrian setting at the building. While buildings are allowed to be pulled up to the street edge, they may also be set back behind one or two rows of head-in or angle parking served by a single drive aisle.

Type C Frontage. Streets with significant traffic volumes that are not conducive to sustained pedestrian activity have been designated with a Type C Frontage.

Type D Frontage. The Type D Frontage is appropriate for Alleys that are shared between sites and provide residents and businesses access to garages, parking decks, loading docks and service areas. An alley used to satisfy the maximum block length requirement shall meet the assigned frontage requirement.

Type E Frontage. The Type E Frontage is intended for non-vehicular thoroughfares where development fronts on a multiuse path corridor and/or a significant natural feature.

The Regulating Plan shows assigned frontages for existing streets and some proposed streets in the district. Frontages along all new thoroughfares west of Fordham Boulevard not otherwise shown in the Regulating Plan are assigned as Type A-1. Frontages along all new thoroughfares south of Europa Drive, east of 15-501, and north of Ephesus Church Road not otherwise shown in the Regulating Plan are assigned as Type A-1. Frontages along all new thoroughfares south of Ephesus Church Road and east of Fordham Boulevard not otherwise identified in the Regulating Plan are assigned as Type A-2. Frontages along any new thoroughfares north of Europa Drive not otherwise identified in the Regulating Plan are assigned as Type A-2.

For new thoroughfares not shown on the Regulating Plan, the town manager may assign a different frontage other than what is described in the preceding paragraph where one of the following applies:

Because there are Type A-1 and/or Type A-2 Frontages on other sides of the development parcel;

To protect sensitive natural areas or save healthy existing trees;

To protect natural conditions, such as watercourses, riparian buffers, natural rock formations or topography;

Due to the presence of existing utilities or other easements;

For traffic safety, site distance considerations, intersection spacing, or intersection alignment and/or adequate site distance;

Because there are no other options for ingress and egress;

To provide greater consistency with pedestrian infrastructure, building placement and/or streetscape on adjoining lots and/or the opposite side of the street; or

Because an alternative designation of frontage would promote greater consistency with the overall objectives of the district.

Corner lot application of frontage.

Where a corner lot has two different assigned frontages, the more restrictive frontage requirement shall apply to the assigned frontage, and must be continued for a minimum of seventy-five (75) feet around the corner, measured from the intersection of the two (2) right-of-way lines.

Where a corner lot has the same assigned frontage on two (2) or more sides, the town manager shall designate one (1) side of the lot as the primary frontage where one (1) of the following applies:

To provide greater consistency with pedestrian infrastructure, building placement and/or streetscape on adjoining lots and/or the opposite side of the street.

ii.

Because of a condition where a longer frontage on a development parcel promotes consistent pedestrian character; or

iii.

Because the frontage designation would promote greater walkability and support the overall objectives of the district as described in section 3.11.1.

The assigned frontage requirements shall apply to that primary frontage, and must be continued along all other frontages for a minimum of seventy-five (75) feet around the corner, measured from the intersection of the two (2) right-of-way lines.

Any frontages not designated as the primary frontage shall be deemed secondary lot frontages, and shall meet at least one half (½) of the minimum Build-to-zone percentage requirement of the underlying frontages unless a design alternative is approved by the community design commission.

3.11.2.2. Regulating Plan.

The Walkable Residential (WR-), Walkable Mixed Use (WX-) subdistricts are identified and located on the Town of Chapel Hill Official Zoning Map. The Regulating Plan is intended to show the general areas of each subdistrict and associated road frontage(s). Additional street right-of-way or public easement may be required at the time of development, in accordance with the Ephesus Church/Fordham Boulevard Small Area Plan, the Ephesus Fordham District Illustrative Block Studies, the Ephesus Fordham sections of the Mobility and Connectivity Plan and this section 3.11.

3.11.2.2.png

[The image of the map above is revised to show a Type A-2 frontage in (purple) along the north side of Franklin Street, the south side of Legion Road extension, the north side of Legion Road, both sides of Europa Drive and both sides of the new/proposed street that crosses Elliott Road extending from Franklin Street eastward to the new/proposed street that parallels the Booker Creek greenway. The Type A frontage previously shown is now labelled as Type A-1 frontage. No changes are made to Type C frontage.]

3.11.2.3. Walkable Residential (WR-3 and WR-7).

Lot

Lot Dimensions
ⓐ	Net land Area (min)	1,700 SF
ⓑ	Lot width (min)	20'
Lot Parameters
ⓒ	Outdoor amenity space ratio (min)	0.06
	Recreation space ratio (min), applies to residential portion of building
	1—3 story building	0.08
	4+ story building	0.12

Outdoor amenity space is a ratio of net land area. Recreation space is a ratio of gross land area.

[Lighting standards can be found in the Sec. 3.11.2.7. Measurements and Exceptions.]

Placement

Building Setbacks
Ⓐ	Front	As defined by Frontage Type
Ⓑ	Side interior (min)	0' or 5'
Ⓒ	Rear (min)	0' or 5'
Ⓒ	Rear, alley (min)	5'
Build-to Zone (BTZ)
Ⓓ	Building façade in BTZ (min % of lot width)	As defined by Frontage Type
Block Parameters
	Maximum block length	450'
	Maximum block perimeter	1,800'

1. For the definition of Build-to-Zone (BTZ), see Section 3.11.2.7. Measurements and Exceptions, subsection G.

2. For additional information regarding other terms, definitions and requirements, see Section 3.11.2.7. Measurements and Exceptions.

Mass

3.11.2.3.png

Building Height
Ⓐ	Building height (max)
	- WR-7	7 stories, not to exceed 90'
	- WR-3	3 stories, not to exceed 45'
Ⓑ	Building height for principal structures (min)	2 stories*
Mass Variation
Ⓒ	Average floor plate area (max) above 3 ^rd floor
	- 3 story buildings or less
	- 4 story buildings or greater	70% of floor plate area of third floor, with no floor plate exceeding 80% of third floor area
	Buildings 4 stories or greater shall meet either the step back or module offset standard below
Ⓓ	Building step back above 2 ^nd or 3 ^rd floor (min)	10' step back above 2 ^nd or 3 ^rd floor
Ⓔ	Module offset
	- Module width (max)	80'
	- Depth of offset (min)	6'
	-Width of offset (min)	12'
Story Height
Ⓕ	Ground story height, floor to ceiling (min)	9'
Ⓖ	Upper story height, floor to ceiling (min)	9'
Ⓗ Ground Floor Elevation
	Ground floor elevation (min/max)	2'/4'

*The second story shall be at least 2/3rds the floor area of the first story

Form

Transparency
Ⓐ	Ground story (min)	20%
Ⓑ	Upper story (min)	20%
Ⓒ	Blank wall distance (max)	50'
Pedestrian Access
Ⓓ	Principal entrance facing the public realm	required
Ⓔ	Principal entrance spacing along street-facing facade (max)	50'
Ⓕ	Building pass-through	330' maximum spacing
	Width (min)	12'
	Height (min)	Equal to the height of the adjacent first floor ceiling
Ⓖ Building Elements Permitted
	Front porch, stoop
	Balcony
	Forecourt

3.11.2.4. Walkable Mixed Use (WX-5 and WX-7)

Lot

Lot Dimensions
Ⓐ	Net land Area (min)
	-All residential	1,700 SF
	-Mixed use/nonresidential	5,000 SF
Ⓑ	Lot width (min)
	-All residential	20'
	-Mixed use/nonresidential	50'
Lot Parameters
Ⓒ	Outdoor amenity space ratio (min)	0.06
	Recreation space ratio (min), applies to residential portion of building
	1—3 story building	0.08
	4+ story building	0.12

Outdoor amenity space is a ratio of net land area. Recreation space is a ratio of gross land area.

[Lighting standards can be found in the Sec. 3.11.2.7. Measurements and Exceptions.]

Placement

Building Setbacks
Ⓐ	Front	As defined by Frontage Type
Ⓑ	Side interior (min)	0' or 5'
Ⓒ	Rear (min)	0' or 5'
Ⓒ	Rear, alley (min)	5'
Build-to-Zone (BTZ)
Ⓓ	Building façade in BTZ (min % of lot width)	As defined by Frontage Type

1. For the definition of Build-to-Zone (BTZ), see Section 3.11.2.7. Measurements and Exceptions, subsection G.

2. For additional information regarding other terms, definitions and requirements, see Section 3.11.2.7. Measurements and Exceptions.

Mass

3.11.2.3.png

Building Height
Ⓐ	Building height (max)
	- WX-7	7 stories, not to exceed 90'
	- WX-5	5 stories, not to exceed 60'
Ⓑ	Building height for principal structures (min)	2 stories*
Mass Variation
Ⓒ	Average floor plate area (max) above 3 ^rd floor
	- 3 story buildings or less
	- 4 story buildings or greater	70% of floor plate area of third floor, with no floor plate exceeding 80% of third floor area**
	Buildings 4 stories or greater shall meet either the step back or module offset standard below
Ⓓ	Building step back above 2 ^nd or 3 ^rd floor (min)	10' step back above 2 ^nd or 3 ^rd floor
Ⓔ	Module offset
	- Average module width (max)	80'
	- Depth of offset (min)	6'
	-Width of offset (min)	12'
Story Height
Ⓕ	Ground story height, floor to ceiling (min)
	- Residential	9'
	- Nonresidential	13'
Ⓖ	Upper story height, floor to ceiling (min)	9'
Ⓗ Ground Floor Elevation
	- Residential (min/max)	2'/4'
	- Nonresidential (min/max)	0'/2'

*The second story shall be at least 2/3rds the floor area of the first story

**Greater floor plate area is permitted above the 3 ^rd floor for a building that includes non-residential uses, subject to provision of a 20' building stepback, as described in 3.11.2.7.T

Form

Transparency
Ⓐ	Ground story (min)
	- Residential	20%
	- Nonresidential	60%
Ⓑ	Upper story (min)	20%
Ⓒ	Blank wall distance (max)
	- Residential	50'
	- Nonresidential	30'
Pedestrian Access
Ⓓ	Principal entrance facing the public realm	Required
Ⓔ	Principal entrance spacing along street-facing facade (max)
	- Residential	50'
	- Nonresidential	100'
Ⓕ	Building pass-through	330' maximum spacing
	Width (min)	12'
	Height (min)	Equal to the height of the adjacent first floor ceiling
Ⓖ Building Elements Permitted
	Front porch, stoop
	Balcony
	Awning/canopy
	Gallery
	Forecourt

3.11.2.5. Frontages.

TYPE A FRONTAGE

Building Location
Ⓐ	Front setback, Type A1 (min/max)	0-10'
	Front setback, Type A2 (min/max)	0-20'
	Front setback, Type A3 (min/max)	0-20'
	Building façade in BTZ (min % of lot width)
	- Type A1	80%
	- Type A2	60%
	- Type A3	60%
Streetscape
Ⓑ	Sidewalk, Type A1 (min)	10' with 10' minimum clear zone
	Sidewalk, Type A2 (min)	10' with 10' minimum clear zone
	Sidewalk, Type A3 (min)	6' with 6' minimum clear zone
Ⓒ	Tree planting zone (min) Note: Between tree plantings, this area is only required to be hardscaped where retail frontages are located, or as otherwise determined by the town manager as desirable or necessary to support transit stops, other public infrastructure or pedestrian connectivity.	8'
	Tree spacing (on center, avg)	40'
Ⓓ	On-street parking, where provided	Per thoroughfare standards
Parking Location
Surface parking: Not permitted in the Build-to-Zone
Structured or covered parking: 30' minimum behind front building façade for all floors. A smaller setback may be permitted for the second and third floors with a design alternative.

Canopy trees meeting the stated average spacing are required. Where conflicts exist due to utility locations, fire access, or required site lines, an equivalent or better alternative for tree type, location, and average spacing can be reviewed and approved by the Community Design Commission.

TYPE B FRONTAGE

Building Location
Ⓐ	Front setback, with parking (min/max)	0-85'
	Front setback, without parking (min/max)	0-20'
	Building façade in BTZ (min % of lot width)	60%
Pedestrian Way
Ⓑ	Sidewalk (min)	8'
Ⓒ	Tree planting zone (min) Note: Between tree plantings, this area is only required to be hardscaped where retail frontages are located, or as otherwise determined by the town manager as desirable or necessary to support transit stops, other public infrastructure or pedestrian connectivity.	8'
	Tree spacing (on center, avg)	40'
Vehicular Way
Ⓓ	Parking area (max)	60'
Ⓔ	Hedge planting or wall zone (36" min height)	5' (min width)
Streetscape
Ⓕ	Sidewalk or multiuse path not in conjunction with a town plan (min) OR Sidewalk or multiuse path in conjunction with a town plan (min)	6' with 6' minimum clear zone OR 12' with 14' minimum clear zone
Ⓖ	Tree planting zone (min) Note: Between tree plantings, this area is only required to be hardscaped where retail frontages are located, or as otherwise determined by the town manager as desirable or necessary to support transit stops, other public infrastructure or pedestrian connectivity.	8'
	Tree spacing (on center, avg)	40'
Parking Location
	Surface parking: 2 bays maximum permitted between building and street
Structured or covered parking: 30' minimum behind front building façade for all floors. A smaller setback may be permitted for the first through third floors with a design alternative.

Type C Frontage

3.11.2.5.C.png

TYPE C FRONTAGE

Building Location
Ⓐ	Front setback (min/max)	5'
	Building façade in BTZ (min % of lot width)	n/a
Vehicular Way
Ⓑ	Parking area (min)	Unlimited
Ⓒ	Hedge planting or wall zone (36" min height)	5' (min width)
Streetscape
Ⓓ	Sidewalk or multiuse path not in conjunction with a town plan (min) OR Sidewalk or multiuse path built in conjunction with a town plan (min)	6' with 6' minimum clear zone OR 12' with 14' minimum clear zone
Ⓔ	Tree planting zone (min)	8'
	Tree spacing (on center, avg)	40'
Parking Location
Surface parking: No restriction
Structured or covered parking: No restriction

Type D Frontage

3.11.2.5.D.png

TYPE D FRONTAGE

Building Location
Ⓐ	Front setback (min/max)	5-20'
	Building façade in BTZ (min % of lot width)	60%
Streetscape
Ⓑ	Sidewalk (min)	6' with 6' minimum clear zone
Ⓒ	Planting zone (min) Note: Portions may be hardscaped	4'
	Shrub/Tree spacing (on center, avg)	20'
Parking Location
Surface parking: Not permitted in the Build-to-Zone
Structured or covered parking: No restriction

A mix of columnar trees, understory trees and shrubs may be provided to meet shrub/tree spacing requirements. Where conflicts exist due to utility locations, fire access, or required site lines, an equivalent or better alternative for tree type, location, and average spacing can be reviewed and approved by the Community Design Commission.

TYPE E FRONTAGE

3.11.2.5.E.png

Building Location
Ⓐ	Front setback (min/max)	0-20'
	Building façade in BTZ (min % of lot width)	60%
Streetscape
Ⓑ	Sidewalk or path adjoining stream corridor, not in conjunction with a Town plan (min) OR	10' with 10' minimum clear zone
	Multiuse path (min)	12' with 14' minimum clear zone
Ⓒ	Tree planting zone (min) Note: Between tree plantings, this area should not be hardscaped, except to support path amenities, public infrastructure or pedestrian connectivity.
	Where a tree planting zone adjoins an outdoor amenity space, it may be considered part of the outdoor amenity space.	8' provided on both sides of sidewalk or path
	Tree spacing (on center, avg)	20'
Parking Location
Surface parking: Not permitted in the Build-to-Zone
Structured or covered parking: 30' minimum behind front building façade for all floors.

A mix of canopy trees and understory trees, provided on both sides of the sidewalk or path may be provided to meet tree spacing requirements.

3.11.2.6. Building Elements.

The following standards are intended to ensure that certain building elements, when added to a street-facing façade, are of sufficient size to be usable, functional and architecturally compatible with the building to which they are attached. These regulations do not apply to building elements on building façades that do not face a street. Building elements are permitted by subdistrict as shown in each subdistrict.

Front porch. A raised structure attached to a building, forming a covered entrance to a doorway.

A front porch must be at least six (6) feet deep (not including the steps).

A front porch must be continuous, with a width not less than thirty-three (33) percent of the building façade from which it projects.

A front porch must be roofed and may be screened, but cannot be fully enclosed.

A front porch, including the steps, may extend into a front setback, provided that such extension is at least two (2) feet from the vertical plane of any lot line.

A front porch may not encroach into the public right-of-way.

Stoop. A small raised platform that serves as an entrance to a building.

A stoop may be no more than six (6) feet deep (not including the steps) and six (6) feet wide.

A stoop may be covered but cannot be fully enclosed.

A stoop, including the steps, may extend into a front setback, provided that such extension at least two (2) feet from the vertical plane of any lot line.

A stoop may not encroach into the public right-of-way.

Balcony. A platform projecting from the wall of an upper-story of a building with a railing along its outer edge, often with access from a door or window.

A balcony must be at least four (4) feet deep and may extend into a required setback, provided that such extension is at least two (2) feet from the vertical plane of side interior or rear lot line.

A balcony must have a clear height above the sidewalk of at least ten (10) feet.

A balcony may be covered and screened, but cannot be fully enclosed.

A balcony may encroach up to six (6) feet into the public right-of-way but must be at least two (2) feet inside the curb line or edge of pavement, whichever is greater.

Gallery. A covered passage extending along the outside wall of a building supported by arches or columns that is open on three (3) sides.

A gallery must have a clear depth from the support columns to the building's façade of at least eight (8) feet and a clear height above the sidewalk of at least ten (10) feet.

A gallery must be contiguous and extend over at least seventy-five (75) percent of the width of the building façade from which it projects.

A gallery may extend into a required front setback.

A gallery may encroach up [to] eight (8) feet into the public right-of-way but must be at least two (2) feet inside the curb line or edge of pavement, whichever is greater.

Arcade. A covered passage extending along the outside wall of a building supported by arches or columns that is open on three (3) sides.

An arcade must have a clear depth from the support columns to the building's façade of at least eight (8) feet and a clear height above the sidewalk of at least ten (10) feet.

An arcade must be continuous and extend over at least seventy-five (75) percent of the width of the building façade.

An arcade may extend into a required front setback.

An arcade may not encroach into the public right-of-way.

Awning/Canopy. A wall-mounted, cantilevered structure providing shade and cover from the weather for a sidewalk.

An awning/canopy must be a minimum of ten (10) feet clear height above the sidewalk and must have a minimum depth of six (6) feet.

An awning/canopy may extend into a front setback.

An awning/canopy may encroach up to eight (8) feet into the public right-of-way but must be at least two (2) feet inside the curb line or edge of pavement, whichever is greater.

Forecourt. An open area at grade, or within 30 inches of grade, that serves as an open space, plaza or outdoor dining area.

A forecourt must be no more than one-third of the length of the building face and no longer than 35 feet in width, except where a larger space would increase pedestrian interest and/or allow more variation in the massing and design of the building. Where such purpose is achieved, the width may increase up to 50 feet with approval of a design alternative.

A forecourt may be no more than 35 feet in depth, except where a larger space would achieve the purposes defined above, in which case the depth may increase up to 50 feet with approval of a design alternative.

A maximum of one forecourt is permitted for every 100 feet in lot width.

A forecourt meeting the above requirements is considered part of the building for the purpose of measuring the build-to zone.

The area of a forecourt may be included in the calculation of required outdoor amenity space.

Other Building Elements or Design Treatments. Architectural elements or design treatments at the ground level not included above may be approved by the Community Design Commission if they are deemed to contribute to walkability by activating the street frontage, whether associated with residential or other uses.

3.11.2.7 Measurements and Exceptions.

Net land area. Net land area is the area included within the rear, side and front lot lines. Net land area does not include existing or proposed right-of-way, whether dedicated or not dedicated to public use.

Lot Dimensions.

Lot Width. Lot width is the distance between the two side lot lines measured at the primary street property line along a straight line or along the chord of the property line on a curvilinear lot.

Block Length. Block length is the distance between two intersections or an intersection and the terminus of a road. Block length is measured from right-of-way line to right-of-way line or right-of-way line to property line. Block length requirements apply to the block face along all frontages designated by Type A, B, C, D or E, as shown on the Regulating Plan (Section 3.11.2.2) or assigned by the town manager. A new public thoroughfare created by the block length standard shall connect to another street where practical, and shall align at the project boundary such that a future connection is viable as determined by the town. A partial width public thoroughfare created near the property line, intended for expansion by the adjacent property owner at the time of future development, shall be located so that at least half of the ultimate right-of-way width is provided.

The maximum allowable block length may be increased by ten percent (10%) through an administrative adjustment where one or more of the following applies:

Proposed to protect sensitive natural areas or save healthy existing trees;

ii.

Required to protect natural conditions, such as watercourses, riparian buffers, natural rock formations or topography;

iii.

Required based on some unusual aspect of the development site or the proposed development that is not shared by landowners generally within the Blue Hill district (e.g., unusual lot size, configuration, or surrounding parcelization patterns);

iv.

Required due to the presence of existing utilities or other easements

Required for traffic safety, site distance considerations, intersection spacing, or intersection alignment; or

vi.

Proposed because there are no other options for ingress and egress.

Where the Community Design Commission makes a finding that a proposed design alternative for block length will provide access, support future extension and connectivity to adjacent properties, and supports a walkable public realm consistent with the purpose and intent of Section 3.11.2.1.B. and where one or more of the site constraints listed below applies, the Community Design Commission may approve an alternatively designed block length up to 600 feet as part of a Certificate of Appropriateness;

Proposed to protect sensitive natural areas or save healthy existing trees;

ii.

Required to protect natural conditions, such as watercourses, riparian buffers, natural rock formations or topography;

iii.

Required based on some unusual aspect of the development site or the proposed development that is not shared by landowners generally within the Blue Hill District (e.g., unusual lot size, configuration, or surrounding parcelization patterns);

iv.

Required due to the presence of existing utilities or other easements;

Required for traffic safety, site distance considerations, intersection spacing, or intersection alignment; or

vi.

Proposed because there are no other options for ingress and egress.

Block Perimeter. Block perimeter is measured along the property line or right-of-way line along streets, thoroughfares, or other public lands.

The maximum allowable block perimeter may be increased by five percent (5%) through an administrative adjustment where one (1) or more of the following applies:

Proposed to protect sensitive natural areas or save healthy existing trees;

ii.

Required to protect natural conditions, such as watercourses, riparian buffers, natural rock formations or topography;

iii.

iv.

Required due to the presence of existing utilities or other easements;

Required for traffic safety, site distance considerations, intersection spacing, or intersection alignment; or

vi.

Proposed because there are no other options for ingress and egress.

Consistent with Section 3.11.2.C.b, the maximum allowable block perimeter may be increased up to two thousand four hundred (2,400) feet by application to and approval from the Community Design Commission for a design alternative.

A site bound by vehicular or non-vehicular thoroughfares on all sides, forming a complete block and complying with the maximum block perimeter as specified for the Subdistrict, is encouraged where feasible. A site that is only partially bound by thoroughfares shall locate the thoroughfares in a way that allows a feasible alignment for a vehicular or non-vehicular connection on adjacent properties that would complete the block without exceeding the maximum block perimeter.

Gross land area. Gross Land Area is all area within the boundaries of a zoning lot (net land area) plus half of the following areas located within or adjoining the lot: (1) publicly-owned or otherwise permanently dedicated open space, such as parks, recreation areas, water bodies, cemeteries and the like, and (2) existing or proposed right-of-way, whether dedicated or not dedicated to public use; provided that the total amount of credited open space and public streets shall not exceed ten (10) percent of the net land area of the zoning lot.

Outdoor amenity space.

In General. Outdoor amenity space is required for all uses. Outdoor amenity space must be provided on the lot, or lands permanently designated as publically accessible open space, and must be available as unenclosed exterior space appropriately improved as a pedestrian amenity or for aesthetic appeal and cannot include areas used for vehicles, except for incidental service, maintenance or emergency actions. Outdoor amenity space shall be made available to the general public.

Fee alternative. A minimum of ten (10) percent of any outdoor amenity space requirement must occur on the development site; however, up to ninety (90) percent of the outdoor amenity space requirement may, with the approval of the town manager, be met through payment of a fee in-lieu to the town. The amount of the payment is the product of the amount of outdoor amenity space required multiplied by a dollar amount established by the town council annually as part of the budget process. The applicant must make the payment before issuance of a form district permit, provided, however, that the town manager may allow phasing of payments consistent with the approved phasing of the development.

Greenway alternative. Form District development applications for sites that include any land which overlaps a portion of a proposed greenway shown on the town's adopted Greenway Master Plan must be designed to accommodate the extension of that greenway in accordance with the Greenway Master Plan. A developer's financial obligation to contribute to the dedication and construction of the greenway is based on the formulas for calculation of amenity space and recreation space provided in this section 3.11.2.7. Land dedicated for a public pedestrian and non-motorized vehicle easement or deeded to the town along the greenway may be substituted for required improved outdoor amenity or recreation space, where deemed acceptable by the town manager.

Standards.

The minimum size of outdoor amenity space is the number of square feet derived by multiplying the net land area of the development by the applicable ratio shown for the zoning district.

Outdoor amenity space may be met in one contiguous open area or in multiple open areas on the lot and must meet minimum dimensions described as follows:

Where not located adjacent to a building, or where located adjacent to a building that is three stories in height or less, an outdoor amenity space must be at least 20 feet in width and length.

ii.

Where located adjacent to a building that is four stories in height or greater, the outdoor amenity space shall have greater dimensions, such that the space is in proportion to the associated building, provides a comfortable scale for pedestrians, and invites public use and enjoyment. In no case shall the area of a single outdoor amenity space be required to exceed the minimum outdoor amenity space ratio as specified for the Subdistrict.

iii.

Where located in the build-to zone and used to create inviting space along a street facing façade, the width of the outdoor amenity space measured perpendicular to the right-of-way may be less than the dimension prescribed above, subject to approval of a design alternative.

3.11.2.7.4.b..png

Outdoor amenity space must be adjacent or adjoining a public right-of way, greenway, or publicly accessible thoroughfare, and must be within one-half story in elevation of the adjoining public walkway except under the following circumstances:

An administrative adjustment is provided due to unusual topographical or environmental conditions of the site.

ii.

A design alternative is approved for outdoor amenity space to be within two stories in elevation of the adjoining public walkway. A rooftop amenity space must be highly visible from the adjoining public walkway and must have an easily identified route of public access, including provision of ADA access.

Outdoor amenity space may be counted to meet the build-to-zone percentage requirements; however, only half the width of the applicable outdoor amenity space can be counted toward the required percentage.

Where pedestrian pass-throughs are provided, they may qualify as outdoor amenity space if they are unobstructed above by any building elements and meet all other requirements of this section. A building element used for shade purposes such as a pergola or canopy, which allows partial views to the sky, may be considered as unobstructed above.

Outdoor amenity space cannot be parked or driven upon, except for emergency access and permitted temporary events.

Outdoor amenity spaces may include but not be limited to facilities such as a playground, sport court, dog park, garden, community garden, park, green, pavilion, seating area, plaza or water feature.

Outdoor amenity space expressly does not include:

Any streetscape components located within the public right-of-way; and

ii.

Any landscaping internal to or screening a parking lot.

The requirement for outdoor amenity space may also be met by means of a design alternative approved by the Community Design Commission where the space is located on a parcel other than the subject property, no further than eight hundred (800) feet from the subject parcel and within the boundaries of the Blue Hill District. This provision is intended to allow the aggregation of outdoor amenity space to create larger, publically accessible areas.

Recreation space.

In general. Active, improved outdoor space must be provided for common active recreational use by residents of multifamily or mixed use developments.

Fee alternative. In lieu of providing recreation space, an applicant may, with the approval of the town manager, make a payment to the town whereby the town may acquire or develop recreation land or greenways to serve the development. A minimum of fifty (50) percent of the required recreation space must be met through a payment in lieu. The amount of the payment is the product of the amount of recreational space required multiplied by a dollar amount established by the town council annually as part of the budget process. The applicant must make the payment before issuance of a Form District permit, provided, however, that the town manager may allow phasing of payments consistent with the approved phasing of the development.

Greenway alternative. Form District development applications for sites that include any land which overlaps a portion of a proposed greenway shown on the town's adopted Greenway Master Plan must be designed to accommodate the extension of that greenway in accordance with the Greenway Master Plan. A developer's financial obligation to contribute to the dedication and construction of the greenway is based on the formulas for calculation of amenity space and recreation space provided in section 3.11.2.7. Land dedicated for a public pedestrian and non-motorized vehicle easement or deeded to the town along the greenway may be substituted for required improved outdoor amenity or recreation space, where deemed acceptable by the town manager.

Standards.

The minimum size of active recreation space is the number of square feet derived by multiplying gross land area of the development by the applicable ratio shown for the zoning district and building height. Where a development contains residential and nonresidential uses, this standard applies only to the residential portion of the building. The land area used for applying the ratio described above is calculated based on the proportion of residential floor area.

Recreation space not provided as a Fee or Greenway Alternative shall be provided on-site at ground level, at the perimeter lot line of the site.

Recreation space shall be unobstructed above by any building elements. Canopies, coverings, or other roofs incidental to the intended use or purpose of the recreation space may be considered as unobstructed above.

A pedestrian connection shall be provided between a recreation space and an adjoining public sidewalk or greenway.

A pedestrian connection shall be provided between a recreation space and at least one area provided for outdoor amenity space.

Building setbacks.

There are three types of building setbacks—front, side interior and rear.

Front setbacks are measured from the edge of the nearest right-of-way line.

Side interior setbacks are measured from the side property line or the edge of the right-of-way where applicable.

Rear setbacks are measured from the rear property line or the edge of the right-of-way where applicable.

When the side interior or rear setback is zero (0) or five (5) feet, the building or structure must be placed on the side or rear property line or be placed a minimum of five (5) feet from the side or rear property line or the edge of the right-of-way line where applicable.

The town manager will determine the application of front, side and rear setbacks to any irregularly-shaped lot.

Build-to zone (BTZ).

The build-to zone is the area on the lot where a certain percentage of the front building façade must be located, measured as a minimum and maximum setback range from the edge of the right-of-way.

The required percentage specifies the amount of the front building façade that must be located in the build-to zone, measured based on the width of the building divided by the buildable width of the lot.

On a Type A Frontage on a corner lot, a building façade, outdoor amenity space, outdoor dining area, and/or building element must be placed within the build-to zone for the first 30 feet along the street extending from the block corner, measured from the intersection of the two right-of-way lines.

Outdoor seating and dining areas may qualify as building façade for the purpose of meeting the build-to requirement provided that the following standards are met:

The front building façade is located no more than ten (10) feet behind the maximum street setback;

The outdoor seating and dining area is no more than two-thirds ( 2/3 ) the width of the building.

The outdoor seating and dining area is no more than sixteen (16) feet deep; and

The seating area is separated from the sidewalk by a wall or fence no higher than four (4) feet above the sidewalk.

Setback encroachments. All buildings and structures must be located at or behind required setbacks, except as listed below. Unless specifically stated no building or structure can extend into a required setback or public right-of-way.

Building features.

Porches, stoops, balconies, galleries and awnings/canopies can extend into a required setback under section 3.11.2.6.

Building eaves, roof overhangs, gutters, downspouts, light shelves, bay windows and oriels less than ten (10) feet wide and cornices, belt courses, sills, buttresses or other similar architectural features may encroach up to two (2) feet into a required setback.

Low impact stormwater management features may encroach into the first two (2) feet of the minimum front setback. The features may include, but are not limited to:

Rain barrels or cisterns, six (6) feet or less in height;

ii.

Planter boxes;

iii.

Bioretention areas; and

iv.

Similar features, as determined by the town manager.

Low impact stormwater management features listed above may encroach into a side interior or rear setback, provided such extension is at least two (2) feet from the vertical plane of any lot line.

Unenclosed patios, decks or terraces may encroach into a side interior or rear setback, provided that such extension is at least two (2) feet from the vertical plane of any lot line.

Handicap ramps may encroach to the extent necessary to perform their proper function.

Structures below and covered by the ground may encroach into a required setback.

Mechanical equipment and utility lines.

Mechanical equipment associated with residential uses, such as HVAC units and security lighting, may encroach into a side interior or rear setback, provided that such extension is at least three (3) feet from the vertical plane of any lot line.

Minor structures accessory to utilities (such as hydrants, manholes, and transformers and other cabinet structures) may encroach into a side interior or rear setback.

Mechanical equipment and utility lines below and covered by the ground may encroach into any required setback.

Aboveground mechanical equipment and minor structures shall not be placed within ten (10) feet of a sidewalk for a Type A or a Type B street frontage, unless the town manager approves an alternative proposal that demonstrates compliance to the maximum extent feasible with the intent of this section.

Other setback encroachments.

Fences and walls permitted in section 3.11.4.2.G.

Signs permitted in section 5.14.

Building height.

Building height is measured in both the number of stories and in feet. Building height is the vertical distance from the average grade at the foundation to the highest portion of the structure

Average grade is determined by calculating the average of the highest and lowest elevation along natural or improved grade (whichever is more restrictive) along the front of the building parallel to the primary street setback line.

Where a lot slopes downward from the front property line, one story that is additional to the specified maximum number of stories may be built on the lower, rear portion of the lot.

An attic does not count as a story where fifty (50) percent or more of the attic floor area has a clear height of less than seven and one-half (7½) feet; measured from the finished floor to the finished ceiling.

A basement with fifty (50) percent or more of its perimeter wall area surrounded by natural grade is not considered a story.

Height encroachments. Any height encroachment not specifically listed is expressly prohibited except where the town manager determines that the encroachment is similar to a permitted encroachment listed below.

The maximum height limits do not apply to spires, belfries, cupolas, domes not intended for human occupancy; monuments, water tanks/towers or other similar structures which, by design or function, must exceed the established height limits.

The following accessory structures may exceed the established height limit of the district provided they do not exceed the maximum height by more than fifteen (15) percent of the maximum height limitation that defines the portion of the building envelope penetrated by such structures:

Chimney, flue or vent stack, spire, smokestack, water tank, windmill;

Rooftop deck, patio, shade structure;

Monument, steeple, flagpole;

Accessory radio or television antenna, relay tower;

Transmission pole, tower or cable;

Garden, landscaping;

Skylight;

Cupola, clock tower or decorative tower not exceeding twenty (20) percent of the principal building footprint;

Parapet wall; and

Solar panel, wind turbine, rainwater collection system.

The following accessory structures may exceed the established height limits provided they do not exceed the maximum building height by more than ten (10) feet, do not occupy more than twenty-five (25) percent of the roof area, and are set back at least ten (10) feet from the edge of the roof:

Elevator or stairway access to roof;

Greenhouse; and

Mechanical equipment.

An accessory structure located on the roof must not be used for any purpose other than a use incidental to the principal use of the building.

Story height.

Story height is the height of each story of building and it is measured from the top of the finished floor to the ceiling above.

Minimum ground story height applies to the first thirty (30) feet of the building measured inward from the interior wall of a street-facing façade. At least fifty (50) percent of the ground story must meet the minimum height provisions.

At least eighty (80) percent of each upper story must meet the minimum upper story height provisions.

Ground floor elevation.

Ground floor elevation is the height of the ground floor relative to the height of the sidewalk and it is measured from top of the abutting curb to the top of the finished ground floor.

Minimum ground floor elevation applies to the first twenty (20) feet of the lot measured from the right-of-way line.

Transparency.

Transparency is the minimum percentage of windows and doors that must cover a ground or upper story façade. Transparency is required for any building façade facing a street.

The transparency requirement on ground story façades is measured between two (2) and ten (10) feet above the adjacent sidewalk.

The transparency requirement on upper story façades is measured from the top of the finished floor to the top of the finished floor above. When there is no floor above, upper story transparency is measured from the top of the finished floor to the top of the wall plate.

Glass is considered transparent where it has a transparency higher than eighty (80) percent and external reflectance of less than fifteen (15) percent. Windows must be clear, unpainted, or made of similarly-treated glass; spandrel glass or back-painted glass does not comply with this provision.

Transparency applies to street-facing façades only.

For ground story retail uses, a minimum of sixty (60) percent of all windows must allow views into the ground story for a depth of at least six (6) feet.

Blank wall area.

Blank wall area means a portion of the exterior façade of the building that does not include: windows or doors; columns, pilasters or other articulation greater than twelve (12) inches in depth; or a substantial material change (paint color is not considered a substantial change).

Blank wall area applies in both a vertical and horizontal direction.

Blank wall area applies only to ground and upper story street-facing façades.

Building entrances.

An entrance providing both ingress and egress, operable to residents at all times or to customers during normal business hours, is required along each side of the building facing a streetscape or any other non-vehicular, publically accessible area to meet the public realm principal entrance requirements. Additional entrances are permitted.

The principal entrance separation requirements must be met for each development along street-facing facades, but are not applicable to adjacent (existing) development.

An angled (clipped corner) entrance may be provided at any corner of a building along the street to meet the street entrance requirements, provided the applicable entrance spacing requirements can still be met.

A principal entrance may be oriented perpendicular to the adjacent public realm, where the entrance is clearly defined by a Building Element, with approval of the Community Design Commission.

For a residential building façade, entries to individual units are considered principal entrances.

Building materials.

Applicability. The requirements of this section apply to all building façades, including masonry walls, fences, light fixtures, steps and pavement, visible from any street right-of-way or public easement.

Primary materials. Primary material changes must occur only at inside corners. The following materials are required for not less than seventy-five (75) percent of the building wall surface area on each façade:

Brick and tile masonry;

Stone (or synthetic equivalent);

Wood—Clapboard or shingles;

Glass curtain wall;

Cementitious siding; and

Stucco (cementitious finish).

Accent materials. The following materials may make up twenty-five (25) percent of the building wall surface area on each façade:

Pre-cast masonry (for trim and cornice elements only);

External Insulation Finishing System—EIFS (for trim and cornice elements only);

Gypsum Reinforced Fiber Concrete (GFRC—for trim elements only);

Metal (for beams, lintels, trim elements and ornamentation only);

Split-faced block (for piers, foundation walls and chimneys only);

Wood—Clapboard or shingles;

Cementitious siding; and

Glass block.

Alternate Materials. Alternate building materials may be approved by the Community Design Commission. New materials must be considered equivalent or better than the materials listed above, and regionally-available materials are preferred. The following specific criteria is provided for alternate building materials:

Architectural concrete shall utilize detailing, patterns, and/or panel size to convey visual interest and a sense of scale.

Architectural metals shall be appropriate to the local climate and shall utilize detailing, patterns, and/or panel size to convey visual interest and a sense of scale.

Building pass-throughs.

Building pass-throughs shall be a minimum height equal to the first floor ceiling height of the adjacent building, except under any of the following circumstances:

Life safety service is required;

The height of the adjacent building is four stories or greater, in which case the pass-through shall be a minimum height equal to the second floor ceiling; or

The length of the building pass-through is greater than 50', in which case the pass-through shall be a minimum height equal to the second floor ceiling.

Building pass-throughs shall be a minimum width of 12', except when the adjacent building is 4 stories or greater or when the length of the pass-through is greater than 50'. In such cases, the building pass-through shall be a greater width, with consideration of the following criteria:

The width of the pass-through should be in proportion to the height of the pass-through and in proportion to the associated building;

The pass-through should have prominent entrances;

The pass-through should be a safe and enjoyable public passage; and

The scale of the pass-through should invite use by pedestrians.

Variation to the dimensional requirements of a building pass-through may be granted through a design alternative, provided that varied massing, higher façade transparency, increased lighting, furnishings, and/or building entrances are incorporated to make the pass-through an inviting space.

Design Considerations.

Building pass-throughs shall be adequately lit as per Section 3.11.4.5. (Site Lighting), with 0.5 (min) and 15.0 (max) foot candles at any point.

Building pass-throughs shall serve as a publically accessible passage between or through buildings that allows pedestrians to move from one side of a building to another, through a privately owned or publically dedicated area.

Pass-Through Spacing.

The maximum building pass-through spacing may be increased by five percent (5%) through an administrative adjustment where one or more of the following applies:

Proposed to protect sensitive natural areas or save healthy existing trees;

ii.

Required to protect natural conditions, such as watercourses, riparian buffers, natural rock formations or topography;

iii.

iv.

Required due to the presence of existing utilities or other easements; or

Proposed because there are no other options for ingress and egress.

Where the Community Design Commission makes a finding that a proposed design alternative for building pass-through will provide access that at a minimum meets the purpose or intent of Section 3.11.2.1.B and where one or more of the site constraints listed below applies, the Community Design Commission may approve an alternatively designed building pass-through up to the maximum allowable block length as part of a Certificate of Appropriateness:

Proposed to protect sensitive natural areas or save healthy existing trees;

ii.

Required to protect natural conditions, such as watercourses, riparian buffers, natural rock formations or topography;

iii.

iv.

Required due to the presence of existing utilities or other easements.

Mass Variation. Mass variation is the way the form and shape of a building changes to establish a sense of human scale. This may be achieved by changing the heights of different parts of a building and by creating offsets in wall planes to express individual building modules. All buildings four stories in height or greater shall have a reduced upper story floor plate area as specified for the Subdistrict. Further, building facades of buildings four stories in height or greater along all frontages designated by Type A, B, C or E shall meet either the building step back requirement or the module offset requirement, as specified for the Subdistrict. A building three stories in height or less is not subject to the above. Frontage designations are as shown on the Regulating Plan (Section 3.11.2.2) or assigned by the town manager.

Upper Story Floor Plate Area. The maximum upper story floor plate area shall be based on the area measured for the third story and applies at the fourth story and above. Where multiple stories are subject to the floor plate area requirement, both an average upper story and maximum upper story floor plate area apply.

Bonus. An upper story bonus is permitted for a building or a site that includes a non-residential use as listed in the Permitted Use Table under 3.11.3.4. Where non-residential square footage is required under Section 3.11.3.5.A.4, the bonus described in this subsection is only available for square footage that exceeds the minimum required. For each square foot of non-residential use provided, the floor plate area of an upper story may increase by one (1) square foot in excess of the average upper story and maximum upper story floor plate, subject to provision of a 20' building step back in accordance with Section 3.11.2.7.T.2.b.

Building Step Back. The building step back shall be measured as the horizontal change in the building wall plane, perpendicular to the applicable frontage or property line.

In addition to applicable frontages, a 10' building step back above the second or third floor is also required for buildings four stories or greater at the boundary of the Form District.

A 20' building step back above the second or third floor is required for the primary street frontage of a building that utilizes an upper story bonus in accordance with Section 3.11.2.7.T.1.a. A building façade located outside of the build-to zone remains subject to this requirement.

A building step back is not required where a street-facing façade is located outside of the build-to zone and is not the primary frontage of a building that utilizes an upper story bonus, or where a building façade facing the Form District boundary is located more than 20' from the boundary.

Module Offset. The module offset shall be measured as the horizontal change of a portion of the building wall plane at ground level, perpendicular to the applicable frontage. The module width shall be measured for the portion of the wall plane closer to the sidewalk, while the width of offset shall be measured for the portion further from the sidewalk. The dimensions of modules and offsets should maintain a sense of proportion to the building as a whole.

Offset areas may count towards a build-to zone requirement when the area meets the criteria for a forecourt, outdoor amenity space, or outdoor dining area.

A module offset is not required where a building façade is located outside of the build-to zone.

The Community Design Commission may approve a design alternative for mass variation, where a building exhibits varied heights, smaller building masses and/or articulated facades that provide a positive visual impact and a sense of scale in the public realm.

3.11.3. Use Requirements.

3.11.3.1. Permitted Uses.

A lot or building must be occupied with only the principal uses permitted on the permitted use table in section. 3.11.3.4. Accessory uses and structures are permitted in conjunction with a permitted principal use.

Any one (1) or more uses permitted in a Form District may be established on any lot within the subdistrict, subject to the permitted use table, and in compliance with all other applicable requirements of Section 3.11.

3.11.3.2. Accessory Uses.

Accessory uses and structures must be accessory and clearly incidental and subordinate to a permitted principal use or building.

No accessory use or structure may be established prior to the establishment of a permitted principal use or building.

The town manager is authorized to determine when a use or structure is accessory. In order to classify a use or structure as accessory, the town manager must determine that the use or structure:

Is subordinate to the principal use or building in terms of area, extent and purpose;

Contributes to the comfort, convenience or necessity of occupants of the principal use or building served;

Is located on the same lot as the principal use or building, or on a contiguous lot in the same ownership;

Does not involve operations not in keeping with the character of the principal use or building served; and

Is not of a nature likely to attract visitors in larger numbers than would normally be expected for the principal use or building.

All accessory structures must meet the dimensional requirements applicable to a principal structure in the subdistrict.

Food trucks must comply with Section 6.20 of the Land Use Management Ordinance.

3.11.3.3. Classification of Uses.

In order to regulate use, categories of uses have been established in Section 3.11.3.5, providing a systematic basis for assigning land uses to appropriate categories with other similar uses. Use categories classify land uses and activities based on common functional, product or physical characteristics.

The town manager is responsible for categorizing all uses into the use categories in Section 3.11.3.5. When determining the use category in which a proposed use fits, the town manager must consider the following criteria:

The actual or projected characteristics of the proposed use.

The relative amount of site area or floor area and equipment devoted to the proposed use.

Relative amounts of sales.

The customer type.

The relative number of employees.

Hours of operation.

Building and site arrangement.

Types of vehicles used and their parking requirements.

The number of vehicle trips generated.

10.

How the proposed use is advertised.

11.

The likely impact on surrounding properties.

12.

Whether the activity is likely to be found independent of the other activities on the site.

Where a use not listed is found by the town manager not to be similar to any other permitted use, the use is not permitted.

3.11.3.4. Permitted Use Table.

Uses permitted by subdistrict are shown below. Broad use categories have been established in order to regulate a variety of similar uses and are defined in Section 3.11.3.5. Customary accessory and temporary categories, as determined by the town manager, are permitted in the Form Districts, including, but not limited to, home occupations, food trucks and trailers, and outdoor seasonal sales, subject to issuance of a Zoning Compliance Permit.

PERMITTED USES	WR-3	WR-7	WX-5	WX-7	Def./Stds.
Residential Uses
Household living, as listed below:					Sec. 3.11.3.5.A
Detached living	—	—	—	—	Sec. 3.11.3.5.A.1.a
Attached living	P	P	L	L	Sec. 3.11.3.5.A.1.b
Multifamily living	P	P	L	L	Sec. 3.11.3.5.A.1.c
Group living	—	P	L	L	Sec. 3.11.3.5.A.2
Social service living	—	—	S	S	Sec. 3.11.3.5.A.3
Public Uses
Civic/Place of Worship	P	P	P	P	Sec. 3.11.3.5.B.1
Parks & open space	P	P	P	P	Sec. 3.11.3.5.B.2
Utilities, minor	P	P	P	P	Sec. 3.11.3.5.B.3
Utilities, major	S	S	S	S	Sec. 3.11.3.5.B.4
Commercial Uses
Bank, except as listed below:	—	—	P	P
Drive-thru	—	—	S	S	Sec. 3.11.4.1.F
Commercial parking	—	—	S	S	Sec. 3.11.3.5.C.1
Day care	—	—	P	P	Sec. 3.11.3.5.C.2
Indoor recreation	—	—	P	P	Sec. 3.11.3.5.C.3
Medical	—	—	P	P	Sec. 3.11.3.5.C.4
Office	—	—	P	P	Sec. 3.11.3.5.C.5
Outdoor recreation	—	—	—	—	Sec. 3.11.3.5.C.6
Overnight lodging	—	—	P	P	Sec. 3.11.3.5.C.7
Personal service	—	—	P	P	Sec. 3.11.3.5.C.8
Restaurant/bar, except as listed below:	—	—	P	P	Sec. 3.11.3.5.C.9
Drive-thru	—	—	S	S	Sec. 3.11.4.1.F
Retail sales, except as listed below:	—	—	P	P	Sec. 3.11.3.5.C.10
Drive-thru	—	—	S	S	Sec. 3.11.4.1.F
Fuel sales	—	—	P	P	Sec. 3.11.3.5.C.10.a
Vehicle sales/service	—	—	P	P	Sec. 3.11.3.5.C.11
Industrial Uses
Light industrial	—	—	—	—	Sec. 3.11.3.5.D.1
Self-service storage	—	—	—	—	Sec. 3.11.3.5.D.2
Warehouse & distribution	—	—	—	—	Sec. 3.11.3.5.D.3
Waste-related service	—	—	—	—	Sec. 3.11.3.5.D.4
Heavy industrial	—	—	—	—	Sec. 3.11.3.5.D.5
Open Uses
Agriculture, except as listed below:	—	—	—	—	Sec. 3.11.3.5.E.1
Community garden	P	P	P	P	Sec. 3.11.3.5.E.1.a
Resource extraction	—	—	—	—	Sec. 3.11.3.5.E.2

KEY: P = Use permitted — = Use not permitted

S = Use permitted following Town Council approval of Special Use Permit

L= Limited use (refer to section 3.11.3.5.A.4.)

3.11.3.5. Use Categories.

Residential uses.

Household living. Residential occupancy of a dwelling unit by a family on a monthly or longer basis in structures with self-contained dwelling units, including kitchens. The term household living includes an establishment with support and supervisory personnel that provides room and board, personal care and habitation services in a family environment for not more than six (6) residents who are handicapped, aged, disabled, or who are runaway, disturbed or emotionally deprived children and who are undergoing rehabilitation or extended care. The household living does not include a fraternity or sorority, club, rooming house, institutional group or the like. Household living includes the following:

Detached living. One (1) or two (2) dwelling units in a single principal structure.

Attached living. Three (3) or more dwelling units in a single principal structure where each unit is separated vertically by a common side wall. Units cannot be vertically mixed.

Multifamily living. Three (3) or more dwelling units vertically and horizontally integrated.

Group living. Residential occupancy of a structure by a group of people that does not meet the definition of family. Tenancy is usually arranged on a monthly or longer basis. Generally, group living facilities have a common eating area for residents, and residents may receive care or training. Group Living does not include a fraternity or sorority, club, rooming house, institutional group or the like.

Social service living. Uses not considered Household Living that primarily provide treatment of those with psychiatric, alcohol, or drug problems, and transient housing related to social service programs.

Limited Use. Residential uses in the WX-5 and WX-7 subdistricts must include a non-residential use as part of the same application, in order to accomplish the Form District intent for a mixture of uses. For purposes of this section, a non-residential use includes any use listed in the Permitted Use Table (Sec. 3.11.3.4) that is not listed in the residential use category. To satisfy this requirement, the application must satisfy at least one of the criteria below. A building or site with non-residential floor area exceeding the minimum defined below may utilize the Upper Story Floor Area Bonus established in Section 3.11.2.7.T.1.a.

Mixed Use Building . Where each building contains a vertical mix of uses, a minimum of 10% of the building floor area must contain a non-residential use. A certificate of occupancy must be issued for at least 50% of the non-residential floor area prior to issuance of a certificate of occupancy for more than 90% of the residential floor area.

Mixed Use Site . A site with multiple buildings may include buildings with a single use, so long as a minimum of 15% of the total floor area for the site contains a non-residential use.

Public uses.

Civic/place of worship. Places of public assembly that provide ongoing life safety, educational and cultural services to the general public, as well as meeting areas for religious practice.

Parks and open space. Public gathering areas for passive or active outdoor recreation, and having few structures.

Utilities, minor. Public or private infrastructure serving a limited area with no on-site personnel.

Utilities, major. Public or private infrastructure serving the general community, or with on-site personnel.

Commercial uses.

Commercial parking. Facilities providing parking that is not accessory to a principal use. Facilities may or may not charge a fee.

Day care. Uses providing care, protection, and supervision of children or adults on a regular basis away from their primary residence. Care is typically provided to a given individual for fewer than eighteen (18) hours each day, although the facility may be open twenty-four (24) hours each day.

Indoor recreation. Commercial uses, varying in size, providing daily or regularly scheduled recreation-oriented activities in an indoor setting.

Medical. Uses providing medical or surgical care to patients. Some uses may offer overnight care.

Office. Activities conducted in an office setting and generally focusing on business, professional or financial services.

Outdoor recreation. Commercial uses, varying in size, providing daily or regularly scheduled recreation-oriented activities either wholly outdoors or within outdoor structures.

Overnight lodging. Accommodations arranged for short term stays of less than thirty (30) days for rent or lease.

Personal service. Facilities involved in providing personal services or repair services to the general public.

Animal care. A facility where four or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained or sold. No outdoor activity associated with care of animals is permitted.

Restaurant/bar. Establishments that prepare and sell food or drink for on- or off-premises consumption.

10.

Retail sales. Facilities involved in the sale, lease or rental of new or used products.

Fuel sales. The sale or dispensing of fuels for motor vehicles. The zoning lot on which fuel sales are located must have a minimum gross land area of twenty thousand (20,000) square feet. The zoning lot must front on an arterial or collector street. Adequate provision must be made for ventilation and the dispersion and removal of fumes, and for the removal of hazardous chemicals and fluids. Driveways for a service station/convenience store may not be located within three hundred (300) feet of any intersecting street or within seven hundred fifty (750) feet of driveways intersecting the same street and serving another existing or approved service station. These distances are measured centerline to centerline.

11.

Vehicle sales/service. Direct sales, rental, leasing or servicing of passenger vehicles, light and medium trucks, and other consumer motor vehicles such as motorcycles, boats and recreational vehicles. Maximum land area of one (1) acre is permitted. Vehicle parking areas must be screened as required in Section 3.11.4.2.C. All servicing or repair of vehicles must occur indoors. All storage of parts and other similar items must occur indoors.

Industrial uses.

Light industrial. Manufacturing, assembly, repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products mainly by providing centralized services for separate retail outlets. Contractors, building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the facility.

Self-service storage. Facilities providing separate storage areas for personal or business use designed to allow private access by the tenant for storing personal property.

Warehouse and distribution. Facilities involved in the storage or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer with little on-site sales activity to customers.

Waste-related service. Uses that receive solid or liquid wastes from others for transfer to another location, and uses that collect sanitary wastes or that manufacture or produce goods or energy from the composting of organic material.

Heavy industrial. Facilities involved in research and development activities without light fabrication and assembly operations; limited industrial/manufacturing activities. The uses emphasize industrial businesses, and sale of heavier equipment. Factory production and industrial yards are located here. Sales to the general public are limited.

Open uses.

Agriculture. Uses with established areas for the raising of animals and crops, conservation, and the secondary industries associated with agricultural production.

Community garden. Areas of land managed and maintained by a group of individuals to grow and harvest food crops and non-food ornamental crops, for personal or group use, consumption or donation. May be divided into separate plots for cultivation by one (1) or more individuals or may be farmed collectively by members of the group, and may include common areas maintained and used by the group. Accessory storage and incidental parking are permitted. On-site sales may be permitted upon approval of a special use permit.

Resource extraction. Uses that extract minerals and other solids and liquids from the land.

3.11.4. Design and Development Standards.

3.11.4.1. Parking and Access Standards.

Applicability.

General. No building or land, or any part of any building or land, may be occupied or used until parking has been provided in accordance with this section.

Additions.

A building or site may be renovated or repaired without providing additional parking, provided there is no increase in gross floor area or improved site area.

When a building, use or site is increased in gross floor area or improved site area, parking is required for the additional floor or site area only.

When the gross floor area or improved site area is increased by more than fifty (50) percent cumulatively, both the existing use and the additional floor or site area must conform to the parking requirements of Section 3.11.

Change in use.

A change in use must comply with the parking requirements unless the town manager determines the use has the same or a lesser parking demand than the previous use.

Where required parking spaces for the new use exceed the required parking spaces for the existing use, additional parking is only required for the difference between the current parking spaces required and the parking spaces required for the new use.

Vehicle parking.

Required spaces. The minimum and maximum parking spaces are provided in the table below and are required unless an alternative is approved by the town manager.

Outdoor dining. Outdoor dining located in the build-to zone or a forecourt permitted under Section 3.11.2.6 are exempt from the calculation of required vehicle parking spaces.

Parking maximums. Parking spaces provided in an underground or structured parking garage do not count toward the maximum number of spaces permitted.

Appearance of Structured Parking . Structured parking visible from the public realm shall be architecturally compatible with the principal building as deemed appropriate by the Community Design Commission. An architectural screen that utilizes durable materials and/or other features offering visual interest shall be provided.

Required parking. The following vehicle and bicycle parking spaces are required for each use.

	Vehicle		Bicycles
	Parking Spaces (min)	Parking Spaces (max)	Spaces (min)	Short-/ Long-term
Residential Uses
Attached living, multifamily living
Efficiency, 1 bedroom	1 per unit	1.25 per unit	1 per 2 units	20%/80%
2 bedrooms	1.25 per unit	1.75 per unit
3 bedrooms	1.5 per unit	2.25 per unit
4+ bedrooms	1.67 per unit	2.5 per unit
All group living	1 per 4 beds	1 per 4 beds, 4 min	10%/90%
Public Uses
Civic/Place of Worship	1 per 500 sf of floor area	1 per 350 sf of floor area	1 per 5,000 sf of floor area, 4 min	80%/20%
Parks & open space	None	None	None	None
Minor utilities	None	None	None	None
Commercial Uses
All commercial uses, except as listed below:	1 per 300 sf of floor area	1 per 200 sf of floor area	1 per 2,500 sf of floor area, 4 min	80%/20%
Commercial parking	None	None	None	None
Overnight lodging	0.9 per lodging unit	1.25 per lodging unit	1 per 15 lodging unit, 4 min	20%/80%
Restaurant/bar	1 per 110 sf of floor area	1 per 75 sf of floor area	1 per 1,000 sf for floor area, 4 min	80%/20%
Industrial Uses
All industrial uses	1 per 1,250 sf	1 per 900 sf	4 min	20%/80%
Open Uses
All open uses	None	None	None	None

Reductions.

A reduction of up to twenty (20) percent of the minimum number of required vehicular parking spaces may be permitted through the granting of an alternative ratio by the town manager if, based on substantial evidence, the manager finds that compliance with the full minimum off-street vehicular parking space requirements of this section would not be required by the applicant's proposed use. This reduction applies to bicycle parking spaces as well, provided that the ratio between Class A and Class B spaces remains the same as the requirement in this section.

A total reduction of up to forty (40) percent of the minimum number of required vehicular and bicycle parking spaces may be permitted for projects serving the elderly or handicapped, following a positive recommendation from the planning director and approval of the town manager.

Motorcycle and scooter parking may substitute for required parking spaces. Existing parking may be converted to take advantage of this provision.

Motorcycle and scooter parking may substitute for up to five (5) vehicle spaces or five (5) percent of the required parking spaces, whichever is less. For every two (2) motorcycle or scooter parking spaces provided, the vehicle parking space requirement is reduced by one (1) space.

ii.

Motorcycle and scooter parking spaces must be identified or designated through the use of signage or pavement markings.

A reduction of up to twenty (20) percent of the minimum parking requirements may be achieved by providing a transportation management plan subject to approval by the town manager or subject to approval by the town council if the proposed use requires town council approval. The transportation management plan shall identify efforts to promote the use of alternate modes of transportation and may include required parking and/or payment to the Town of Chapel Hill Parking Fund in accord with Chapter 11A of the Chapel Hill Code of Ordinances for a portion of the required spaces.

A reduction of the number of required spaces may be achieved through a shared parking analysis certified by a professional engineer and subject to approval by the town manager. Such an analysis may include, where appropriate, considerations of peak hour usage, mode split, internal capture, remote parking as defined in this section, transportation demand management, and other approved parking management strategies.

Nothing in this section precludes an applicant from pursuing Shared Parking as outlined in Section 5.9.3.

Location of parking. Required vehicle parking must be located on the same lot as the use they are intended to serve, except as listed below.

On-street parking.

Each on-street parking space may be used to reduce the total required parking spaces by one (1) space, provided that the on-street space is located on a public right-of-way immediately abutting the subject property.

Each on-street parking space may only be counted for one (1) property. Where a space straddles an extension of a property line, the space may only be counted by the owner whose property abuts fifty (50) percent or more of the on-street parking space.

Remote parking.

All required parking spaces may be located off-site, in a commercial parking lot or as shared parking associated with another land use, if the parking area is located within six hundred sixty (660) feet from the primary entrance of the use served.

Up to fifty (50) percent of the required parking spaces may be located more than six hundred sixty (660) feet off-site, if the parking area is located within one thousand two hundred (1,200) feet from the primary entrance of the use served.

Specifically designated parking spaces for employees may be located off-site up to two thousand six hundred forty (2,640) feet from the primary entrance of the use served.

All remote parking spaces used to meet an on-site parking requirement must be located within the boundaries of the Form District.

The distances referred to above are measured by the most direct route of travel on the ground and are measured in the following manner:

From the front door of the principal structure on the applicant's property;

ii.

In a straight line to the nearest public sidewalk, street, road or highway;

iii.

Along a public sidewalk, walkway, street, road, or highway by the nearest route; and

iv.

To the edge of the off-site parking area to be used by the applicant to meet parking requirements.

Bicycle parking.

Required Spaces

The minimum required bike spaces required are provided in the Table above and are required unless an equivalent or better alternative is approved by the town manager.

In no case is a single occupiable space or unit required to provide more than 20 bicycle parking spaces.

General requirements. Bicycle parking may be provided through various types of facilities, provided the facility meets the following:

Each required bicycle parking space is at least two (2) feet by six (6) feet;

Bicycle racks are securely anchored, are easily usable with both u-locks and cable locks and support a bicycle at two (2) points of contact to prevent damage to the bicycle wheels and frame;

Where a bike can be locked on both sides without conflict, each side can be counted as a required space;

Spacing of the racks provide clear and maneuverable access; and

Facilities may be placed on private property or within the public right-of-way. Facilities in the right-of-way must be approved by the town manager.

Short-term bicycle parking. Short-term bicycle parking is intended for clients and customers. Short-term bicycle racks must be publicly accessible and be located no more than one hundred (100) feet from the building entrance the bicycle rack is intended to serve.

Long-term bicycle parking. Long-term bicycle parking is intended for residents and employees.

Long-term bicycle parking must be covered and weather-resistant.

Required spaces can be in the form of a covered bicycle rack, in a locker, within a building, or within a parking structure.

Long-term bicycle racks must be located no more than one hundred (100) feet from the building entrance the bicycle rack is intended to serve.

Drive-thru standards.

Location. Drive-thru locations are subject to approval of a Special Use Permit. Drive-thru areas, including but not limited to menu boards, stacking lanes, trash receptacles, ordering box, drive up windows, and other objects associated with the drive-thru, must be located interior to the site. Drive-thru windows and lanes may not be placed on a street-facing facade and the associated building. Drive-thru lanes are considered a vehicular access point subject to the requirements of Sec. 3.11.4.1.G.

Required stacking. Adequate stacking space must be made available on-site for any use having a drive-thru. No more than three (3) drive-thru lanes are permitted.

Restaurant. A restaurant (including a coffee shop) with a drive-thru must provide a minimum of six (6) spaces before the order board, with another four (4) spaces provided between the order board and the transaction window.

Bank. A bank with a drive-thru must provide a minimum of three (3) spaces measured from the teller box.

Pharmacy. A pharmacy with a drive-thru must provide a minimum of three (3) spaces measured from the order box.

Dry cleaner. A dry cleaner with a drive-thru must provide a minimum of three (3) spaces measured from the pick up door.

All other uses. Stacking required for all other uses will be determined by the town manager.

Dimensions.

The number of required stacking spaces includes the space at the window or communication/mechanical device (e.g., order board, pick up window).

If a drive-thru has multiple order boxes, teller boxes or pick up windows, the number of required stacking spaces may be split between each order box, teller box or pick up window.

Vehicles may not encroach on or interfere with the public use of streets and sidewalks by vehicles, bicycles or pedestrians.

Drive-thru lanes must be separated by striping or curbing from other parking areas. Individual lanes must be striped, marked or otherwise distinctly delineated.

Screening.

Drive-thru windows and lanes must be screened from the public realm along Type A and Type B Frontages and adjacent ground floor residential uses for the entire length of the drive-thru lane, including but not limited to menu boards, stacking lanes, trash receptacles, ordering box, drive up windows, and other objects associated with the drive-thru must be screened.

Screening must be a continuous compact evergreen hedge. At the time of installation, the screening must be at least three (3) feet in height and reach a height of four (4) feet within three (3) years of planting.

In lieu of the compact evergreen hedge, a screening wall with a minimum height of four (4) feet may be installed. The wall must be compatible with the principal building in terms of texture, quality, material and color.

Service drive, loading dock access and vehicular access.

Vehicular Access. The number of vehicular access points from a thoroughfare to any parcel shall be limited as follows:

No more than two (2) access points in any continuous 200' of lot frontage

No more than three (3) access points overall unless otherwise approved by the Community Design Commission.

Where two (2) such access points are located along the same block face, they shall be separated by a minimum of 30 feet.

Where a building fronts multiple streets or alleys, no access point may be located on the more restrictive assigned frontage or on the primary frontage, as applicable under Sec. 3.11.2.1.E.7., unless otherwise approved by the Community Design Commission.

No vehicular access may be provided between a building façade and a Type E Frontage.

Internal vehicular connections to adjacent parcels are encouraged, particularly where a parcel has only one street frontage and where multiple access points are desired.

Access Width. A parking lot, garage opening, or service access shall not exceed two (2) lanes in width unless otherwise approved by the town manager. Access points on alleys are exempt from this requirement.

Gating. Vehicular entry gates at garage entries shall be positioned a minimum of twenty (20) feet behind the front wall of the building.

Pedestrian access. Where vehicular access to any parcel crosses any pedestrian path or sidewalk, the crossing shall be clearly marked and lighted for the safety of the pedestrian, and the public sidewalk shall remain generally in a continuous alignment in plan and profile with the sidewalk on either side of the vehicular access.

3.11.4.2. Landscaping Standards.

General applicability. No building or land, or any part of any building or land, may be occupied or used until landscaping and screening has been provided in accordance with this section.

Multifunctional landscaping and stormwater management. Nothing in this section is intended to prevent the applicant from using landscaped areas for stormwater purposes, including landscape, screening, sidewalk and streetscape areas. Where low impact stormwater management features are incorporated, grading and edge treatments for landscaping and screening areas must allow stormwater inflow. In such cases, no berming or curbs are necessary. The town manager may modify the landscaping standards of this section or the design manual to achieve this end.

Surface parking lots.

Applicability.

New construction. All new surface parking lots with more than ten (10) spaces must provide parking lot landscaping in accordance with Section 3.11.4.2. Multiple platted lots contained on a single site plan and any separate parking areas connected with drive aisles are considered a single parking area.

Additions.

An existing parking lot may be renovated or repaired without providing additional landscaping, provided there is no increase in the size of the parking lot.

ii.

When an existing parking lot is increased in size, landscaping is required for the new parking area only.

iii.

When an existing parking lot is increased in size by more than fifty (50) percent cumulatively, landscaping is required for both the existing parking lot and the new parking area.

Perimeter screening. All surface parking lots (of any size) with frontage on any portion of a public street (not including an alley) must be screened with the following (see also Section 3.11.2.5):

A minimum five-foot wide, landscaped area with a continuous row of shrubs must be provided between the street and parking lot. For the Type C Frontage area along Fordham Boulevard, the community design commission will review and have the discretion to increase the required planting zone up to twelve (12) feet.

Shrubs must be a minimum of eighteen (18) inches in height when planted and must reach a minimum size of thirty-six (36) inches in height within three (3) years of planting.

A 36-inch wall may be substituted for the continuous row of shrubs.

Breaks for pedestrian and vehicle access are permitted.

Interior islands.

A landscaped interior island must be provided every ten (10) parking spaces. Interior islands must be distributed evenly throughout the parking area. Interior islands may be consolidated or intervals may be expanded in order to preserve existing trees.

An interior island abutting a single row of parking spaces must be a minimum of eight (8) feet in width and one hundred fifty (150) square feet in area. Each island must include one (1) canopy tree.

An interior island abutting a double row of parking spaces must be a minimum of eight (8) feet in width and three hundred (300) square feet in area. Each island must include two (2) canopy trees.

All required trees must be chosen from the approved the plant selection standards in the Town of Chapel Hill Design Manual.

Interior islands may be installed below the level of the parking lot surface to allow for runoff capture.

Median islands.

A landscaped median island must be provided between every six (6) single parking rows. Intervals may be expanded in order to preserve existing trees.

A landscaped median island must be a minimum of eight (8) feet wide.

Landscaped median islands may be installed below the level of the parking lot surface to allow for runoff capture.

Any trees planted in landscaped median islands must be canopy trees unless the median is designed as a bioretention basin in accordance with Section 3.11.4.3.

Sidewalks in medians. Where a sidewalk is added to a median, additional median width equal to the sidewalk width must be provided.

Trees. No parking space may be farther than seventy-five (75) feet from the trunk of a tree.

Frontages. Frontages must be planted in accordance with the Design Manual. Tree planting zones without grates must be a minimum of eight (8) feet in width. Tree planting zones with grates must be a minimum of six (6) feet in width. Tree planting zones must be installed using structural soils, as described in the Design Manual. Tree maintenance and replacement is the responsibility of the property owner.

Service area and mechanical screening.

Applicability. All new service areas and the installation of new mechanical equipment must provide screening in accordance with Section 3.11.4.2.

Service areas.

Trash and recycling collection and other similar service areas must be located to the side or rear of buildings.

Service areas must be screened on three (3) sides by a wall a minimum six (6) feet in height and on the fourth side by a solid gate at a minimum of six (6) feet in height.

The wall must be opaque and be constructed of high quality materials including one or a combination of the following: decorative blocks; brick; stone; cast-stone; split-faced block; stucco over standard concrete masonry blocks; glass block; or other material approved by the town manager.

The gate and wall must be maintained in good working order and must remain closed except when trash pick-ups occur.

Roof-mounted equipment.

Roof-mounted equipment must be set back at least ten (10) feet from the edge of the roof and screened from ground level view from abutting property or abutting public street (not including an alley).

Buildings must provide a parapet wall or other architectural element that is compatible with the principal building in terms of texture, quality, material and color that fully screens roof-mounted equipment from ground level view.

The town manager may modify these standards to ensure effective equipment functionality and ventilation.

Wall-mounted equipment. It is the intent of this section that aboveground mechanical equipment and minor structures accessory to utilities, excluding equipment and structures necessary for life safety, shall be minimally visible and minimally encroach into the pedestrian path.

Wall-mounted equipment located on any surface that is visible from a public street (not including an alley) must be fully screened by landscaping or a wall or fence that cannot be seen through, and that is compatible with the principal building in terms of texture, quality, material and color.

Screening must be of a height equal to or greater than the height of the mechanical equipment being screened.

The town manager may modify these standards to ensure effective equipment functionality and ventilation.

Unless otherwise approved as a permitted setback encroachment in Section 3.11.2.7, wall-mounted mechanical equipment and minor structures accessory to utilities, excluding equipment and structures necessary for life safety, shall not be placed within ten (10) feet of a sidewalk for a Type A or a Type B street frontage.

Ground-mounted equipment. It is the intent of this section that aboveground mechanical equipment and minor structures accessory to utilities, excluding equipment and structures necessary for life safety, shall be minimally visible and minimally encroach into the pedestrian path.

Ground-mounted mechanical equipment that is visible from a public street (not including an alley) must be fully screened by landscaping or a wall or fence that cannot be seen through, and that is compatible with the principal building in terms of texture, quality, material and color.

Screening must be of a height equal to or greater than the height of the mechanical equipment being screened.

The town manager may modify these standards to ensure effective equipment functionality and ventilation.

Unless otherwise approved as a permitted setback encroachment in Section 3.11.2.7, ground-mounted mechanical equipment and minor structures accessory to utilities, excluding equipment and structures necessary for life safety, shall not be placed within ten (10) feet of a sidewalk for a Type A or a Type B street frontage.

Street trees. Street trees may be required in conformance with Section 3.11.2.5.

Fence and walls.

Applicability. All new fence and walls must be installed in accordance with Section 3.11.4.2.

Standards.

Fences and walls may be placed up to the property line, and any posts or supporting rails must face inward toward the property being fenced.

A wall or fence located in a front setback, not used for a required screen, cannot be more than six (6) feet height. The opacity of the wall or fence above four (4) feet in height must exceed seventy-five (75) percent.

A wall or fence located in a side interior or rear setback cannot be more eight (8) feet in height.

Walls must be constructed of high quality materials including one or a combination of the following: decorative blocks; brick; stone; cast-stone; split-faced block; stucco over standard concrete masonry blocks; glass block; or other material approved by the town manager.

Fences must be constructed of high quality materials including one or a combination of the following: wood, composite fencing; wrought iron, steel, aluminum, PVC vinyl; or other material approved by the town manager.

No wall or fence may be located within any required drainage or utility easement.

Barbed wire or concertina wire is not permitted.

Chain-link fences are not permitted in any front setback.

Residential protection buffer. The following buffer is required along any perimeter lot line that immediately abuts any residential district that is not within a Blue Hill Form District. This standard does not apply to residential land that is separated from the Blue Hill Form District by a street.

Depth (min)	10'
Wall Height (min/max)	6'/8'
Fence Height (min/max)	6'/8'
Spacing of breaks in Wall or Fence (max)	200'
Shade Trees (min per 100')	4
Understory Trees (min per 100')	3
Shrubs (min per 100')	40
Shrub Height (min)	4'

The Community Design Commission may approve a variation to the requirements above in order to accommodate trails and outdoor amenities in the Buffer area.

Either a wall or fence may be used in the Buffer, with intermittent breaks so as not to create an impassible barrier, as appropriate based on context.

Buildings within 20' of the perimeter lot line are subject to mass variation standards as describes in Sec. 3.11.2.7.T.

Plant installation and maintenance. All plants and trees must be maintained and installed in accordance with in the Town of Chapel Hill Design Manual.

3.11.4.3. Stormwater Management.

Authority. This section is adopted pursuant to the authority vested in the Town of Chapel Hill by the Session Laws and the General Statutes of North Carolina and the authority referenced in Section 1.2 of the Land Use Management Ordinance.

Purpose. The purpose of this section is to establish minimum stormwater performance criteria, management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. This section seeks to meet that purpose through the following objectives:

Minimize increases in stormwater runoff from any development in order to reduce flooding, siltation and streambank erosion and maintain the integrity of stream channels;

Minimize increases in non-point source pollution caused by stormwater runoff from development that would otherwise degrade local water quality;

Minimize the total volume of surface water runoff that flows from any specific site during and following development in order to replicate the pre-development hydrology to the maximum extent practicable;

Reduce stormwater runoff rates and volumes, soil erosion and non-point source pollution, wherever possible, through stormwater management controls and to ensure that these management controls are properly maintained and pose no threat to public safety;

Meet the requirements of the National Pollutant Discharge Elimination System (NPDES Phase 2) regulations as established by the Clean Water Act and administered by the North Carolina Department of Natural Resources, or its successor agency; and

Control nonpoint and point source pollution associated with new development and redevelopment and help protect the water supply uses of Jordan Lake.

Applicability.

This section applies to all new development and redevelopment projects for which a form district permit is required. No development or redevelopment for which a form district permit is required pursuant to this section shall occur except in compliance with the provisions, conditions, and limitations of the permit.

Projects that disturb less than one-half (½) acre of land, including cumulative disturbance are exempt from subsection 3.11.4.3.F.4.

Design manual and standard details.

The town shall use the policy, criteria, and information, including technical specifications and standards in the town's "Design Manual and Standard Details" and the July 2007 publication of the "Stormwater Best Management Practices Manual," as amended, published by the North Carolina Department of Environment and Natural Resources' Division of Water Quality, as the basis for stormwater review decisions and for determining the proper design, implementation and performance of engineered stormwater controls and other practices for compliance with this section.

If the specifications or guidelines of either design manual are more restrictive or apply a higher standard than the other, or other laws or regulations, the more restrictive specifications or guidelines apply.

Whenever an applicant proposes to utilize a practice or practices not designed and constructed in accordance with the criteria and specifications in the design manuals, the applicant shall have the burden of demonstrating that the practices will satisfy the minimum water quality performance standards of this section. The town manager shall require the applicant to provide the documentation, calculations, and examples necessary for the town manager to determine whether such an affirmative showing is made.

Application requirements.

Unless otherwise exempted by this section, every permit application for development must be accompanied by a stormwater impact statement in order for the permit application to be considered.

The town manager shall prescribe the forms and information that shall be submitted to determine compliance with this chapter, with sufficient copies for necessary referrals and records.

Design and performance standards. The following are required stormwater management performance criteria:

Stormwater treatment shall be designed to achieve average annual eighty-five (85) percent total suspended solids (TSS) removal and must apply to the volume of post-development runoff resulting from the first one-inch of precipitation. Alternative treatment methods to achieve eighty-five (85) percent average annual TSS removal may be acceptable. The eighty-five (85) percent requirement applies to eighty-five (85) percent of the additional suspended solids that are the result of the new development.

The stormwater runoff volume leaving the site post-development shall not exceed the stormwater runoff volume leaving the site pre-development (existing conditions) for the local two-year frequency, 24-hour duration storm event for all development. This may be achieved by hydrologic abstraction, recycling and/or reuse, or any other accepted scientific method.

The stormwater runoff rate leaving the site post-development shall not exceed the stormwater runoff rate leaving the site pre-development (existing conditions) for the local one-year, two-year, and 25-year 24-hour storm events.

Notwithstanding subsection 3.11.4.3.F.1, the minimum impervious area treated for eighty-five (85) percent average annual TSS removal shall be fifty (50) percent of the post construction total impervious area.

Post-construction requirements.

Inspection, operation and maintenance plan.

The owner or owners of a development must sign and record an inspection, operation, and maintenance plan that shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the stormwater management facility. Until the transference of all property, sites, or lots served by the engineered stormwater controls and practices, the original owner or owners, shall have primary responsibility for carrying out the provisions of the maintenance agreement.

The inspection, operation, and maintenance plan shall require the owner or owners, to maintain, repair and, if necessary, reconstruct the stormwater management facility and shall state the terms, conditions, and schedule of maintenance for the stormwater management facility. In addition, it shall grant to the Town of Chapel Hill the right of entry in the event that the town manager has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the stormwater management facility; however, in no case shall the right of entry, of itself, confer an obligation on the town to assume responsibility for the stormwater management facility.

The inspection, operation, and maintenance plan must be approved by the town manager prior to permit approval and shall be recorded with the county register of deeds prior to issuance of a certificate of occupancy.

Upon completion of a project and before a certificate of occupancy shall be granted, all of the documents enumerated below must be submitted to the town manager and a final stormwater management inspection must be scheduled. After performing the final inspection and reviewing and approving the documents, the town manager will issue an approval notification to the town's inspections division.

A copy of the recorded stormwater facility and maintenance easement, signed and sealed by a registered North Carolina professional land surveyor and recorded by the county register of deeds, showing the "Stormwater Management Facility and Maintenance Easements", the stormwater management facilities, and the maintenance access locations. For purposes of maintenance, the maintenance access must be shown on the exhibit and extend from the "Stormwater Facility Easement" to the nearest public right-of-way. The following notes must be included on the recorded final plat or easement exhibit.

All engineered stormwater management control, treatment, and conveyance structures located on or below the ground shall be wholly contained within an easement entitled: "Reserved Stormwater Facility Easement Hereby Dedicated" and shall be reserved from any development which would obstruct or constrict the effective management, control, and conveyance of stormwater from or across the property, other than the approved design and operation functions.

ii.

The reserved stormwater facility and maintenance easements and the facilities they protect are considered to be private, with the sole responsibility of the owner to provide for all required maintenance and operations as approved by the town manager except as noted in section I. below.

iii.

The reserved stormwater facility and maintenance easements and the inspections, operations, and maintenance plan are binding on the owner, heirs, successors, and assigns.

A copy of the recorded inspection, operation, and maintenance plan signed by the owner and recorded by the county register of deeds, for the stormwater management facilities. The inspection, operations, and maintenance plan must include a description and details of the device or structure, an inspections checklist, and operating and maintenance procedures. The plan should identify contact information, who will perform the inspections, frequency of inspections, inspections and maintenance logs, any specific equipment needs or certifications (e.g., confined space certification), action levels or thresholds (e.g., remove sediment after depth exceeds one (1) foot), and disposal methods. The person responsible for the maintenance of stormwater management facilities shall submit an annual inspection report to the town.

Certified as-built plans signed and sealed by qualified registered North Carolina professional engineer, showing final design specifications for all stormwater management facilities and practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as installed.

Certified final survey signed and sealed by a registered North Carolina professional land surveyor, showing building footprints, driveways, all other impervious surfaces, stormwater drainage/conveyance piping, and stormwater management structures. The survey should be in DXF binary format using state plane coordinates and NAVD 88.

Certification, signed and sealed by a qualified registered North Carolina professional engineer, that the stormwater management facilities were constructed in accordance with the approved plans and specifications.

Annual inspection. An original inspection report shall be provided to the town beginning one (1) year from the date of the recorded inspection, operation, and maintenance plan and each year thereafter on or before that date of recordation.

[Meeting the inspection and maintenance requirements.] The Ephesus/Church Fordham Municipal Service District (MSD) through the town's departments, agencies, officers, employees, consultants, contractors or agents may assist with meeting the inspection and maintenance requirements as provided in the service district plan and provided for in right of entry agreements with the property owners and responsible parties. The MSD may also provide the financial assurance required for issuance of certificate of occupancy upon approval of the town manager.

Failure to maintain practices. If a responsible party fails or refuses to meet the requirements of the maintenance covenant, the town, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the stormwater management facility becomes a danger to public safety or public health, or is otherwise not functioning as designed, the town shall notify the party responsible for maintenance of the stormwater management facility in writing. Upon receipt of that notice, the responsible person shall have thirty (30) days to effect maintenance and repair of the facility in an approved manner. After proper notice, the town may assess the owners of the facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the county.

Variances. Persons who wish to undertake uses and activities prohibited by this section may pursue a variance. The procedures for requesting a variance from the requirements of this section shall be as follows:

The procedures for requesting a variance from the requirements in this subsection are contained in section 4.12 of the Land Use Management Ordinance.

3.11.4.4 Reserved.

Editor's note— Ord. No. 2016-12-05/O-5, § II, adopted December 5, 2016, repealed § 3.11.4.4, which pertained to sign standards and codified these provisions in § 5.14, Signs.

3.11.4.5. Site Lighting

Applicability.

General. No building or land, or any part of any building or land, may be occupied or used until site lighting has been provided in accordance with this section.

The installation of site lighting, replacement of site lighting, and changes to existing light fixture wattage, type of fixture, mounting, or fixture location must be made in compliance with section 3.11.4.5. Routine maintenance, including changing the lamp, ballast, starter, photo control, fixture housing, lens and other required components, is permitted for all existing fixtures.

This following site lighting requirements do not apply to lighting installed in the public right-of-way.

Additions.

When a building or site is renovated, any new or replaced outdoor light or lighting fixture must conform to the requirements of section 3.11.4.5.

When the gross floor area or improved site area is increased, the additional floor or site area must conform to the lighting requirements of section 3.11.4.5.

Change in use. A change in use does not trigger application of this section.

Light level measuring.

Light levels are specified, calculated and measured in footcandles. All footcandles values are maintained footcandles.

Measurements are to be made at ground level, with the light-registering portion of the meter held parallel to the ground pointing up.

Prohibited sources. The following light fixtures and sources cannot be used:

Cobra-head-type fixtures having dished or drop lenses or refractors, which contain sources that are not incandescent;

Temporary searchlights and other high-intensity narrow-beam fixtures; and

Light sources that lack color correction or do not allow for uniform site lighting.

Design and installation requirements.

The maximum light level of any light fixture cannot exceed 5.0 footcandles measured at the back of curb in relation to a street.

Where the Blue Hill Form District adjoins a residential district, the maximum light level of any light fixture cannot exceed 2.0 footcandles measured at that property line.

Lighting must not be oriented onto adjacent properties, streets or sidewalks.

Service connections for all freestanding lighting fixtures must be installed underground.

Parking and pedestrian areas.

Light fixtures within parking and vehicular display areas may be no higher than thirty (30) feet.

Light fixtures within pedestrian areas may be no higher than fifteen (15) feet.

Light fixtures located within fifty (50) feet of the property line of a residential district may be no higher than fifteen (15) feet.

Light fixtures within twenty-five (25) feet of a street right-of-way (not including an alley) must be forward throw fixtures.

All light fixtures must be full cutoff, except as listed in paragraph 6. below.

Non-cutoff (unshielded) fixtures can be used when the maximum initial lumens generated by each fixture is less than nine thousand five hundred (9,500) initial lamp lumens. These fixtures generally feature globes or vertical glass planes and must be coated with an internal white frosting to diffuse light.

Flood lights and flood lamps.

Flood light fixtures must either be aimed down at least forty-five (45) degrees from vertical, or the front of the fixture shielded so that no portion of the light bulb extends below the bottom edge of the shield.

Any flood light fixture located within fifty (50) feet of a street right-of-way must be mounted and aimed perpendicular to the right-of-way, with a side-to-side horizontal aiming tolerance not to exceed fifteen (15) degrees.

All flood lamps emitting one thousand (1,000) or more lumens must be aimed at least sixty (60) degrees down from horizontal, or shielded so that the main beam is not visible from adjacent properties or the street right-of-way.

Vehicular canopies. Lighting under vehicular canopies must be less than twenty-four (24) maintained footcandles, and be designed to prevent glare off-site. Acceptable lighting designs include the following:

Recessed fixture incorporating a lens cover that is either recessed or flush with the bottom surface of the canopy;

Light fixture incorporating shields, or is shielded by the edge of the canopy itself, so that light is restrained to five (5) degrees or more below the horizontal plane;

Surface mounted fixture incorporating a flat glass that provides a cutoff design or shielded light distribution; or

Indirect lighting where light is beamed upward and then reflected down from the underside of the canopy, provided the fixture is shielded so that direct illumination is focused exclusively on the underside of the canopy.

Building lighting.

Lighting fixtures must be selected, located, aimed, and shielded so that direct illumination is focused exclusively on the building façade, plantings, and other intended site features and away from adjoining properties and the street right-of-way.

All wall pack fixtures must be full cutoff fixtures.

Only lighting used to accent architectural features, landscaping or art may be directed upward, provided that the fixture is located, aimed or shielded to minimize light spill into the night sky.

3.11.4.6. Outdoor Display and Storage.

Applicability. The following requirements apply to any site where merchandise, material or equipment is stored outside of a completely enclosed building.

Outdoor display.

Defined.

Outdoor display is the outdoor display of products actively available for sale that are placed inside a fully-enclosed building at the end of each business day.

Outdoor display includes the outdoor placement of propane gas storage racks, ice storage bins, soft drink or similar vending machines is considered outdoor display

Standards. Outdoor display is permitted in association with any permitted nonresidential principal ground floor use in accordance with the following provisions:

Outdoor display visible from a street must be removed and placed inside a fully-enclosed building at the end of each business day, except propane gas storage racks, ice storage bins, soft drink or similar vending machines may remain outside overnight.

Outdoor display is permitted adjacent to the primary façade with the principal customer entrance, but cannot extend more than eight (8) feet from the façade and occupy no more than thirty (30) percent of the horizontal width of the façade.

Outdoor display cannot impair the ability of pedestrians to use the sidewalk or parking areas and must comply with ADA clearance and accessibility.

Limited outdoor storage.

Defined. Limited outdoor storage includes, but is not limited to:

Outdoor sale areas for sheds, building supplies, garden supplies, plants, lawn movers, barbecues and other similar items; and

The outdoor storage of merchandise or material in boxes, in crates, on pallets or other kinds of shipping containers.

Standards. Limited outdoor storage may not be more than twelve (12) feet in height and must be fully screened from view from the public right-of-way and abutting properties.

General outdoor storage.

Defined. General outdoor storage includes, but is not limited to:

The outdoor storage of contractors equipment;

The outdoor storage of fleet vehicles; and

The outdoor storage of soil, mulch, stone, lumber, pipe, steel, salvage, junk or recycled materials, and other similar merchandise, material or equipment.

Standards. General outdoor storage is not permitted in a Form District.

3.11.4.7. Administration of Form Districts.

Zoning compliance permit. Where required by this section 3.11, a zoning compliance permit consistent with Land Use Management Ordinance, section 4.9, is required.

Special use permit. Where required by this section 3.11, a special use permit consistent with Land Use Management Ordinance, section 4.5, is required.

Form District permit.

Review required.

It is unlawful to begin any excavation, removal of soil, clearing of a site, or placing of any fill on lands contemplated for development, or to begin any construction, moving or alteration of any building or other structure, including accessory structures and signs, until the town manager has issued a Form District Permit for such action, certifying that the development complies with the applicable provisions of this Section. Form District Permits are not required for minor modifications such as ordinary repairs, interior upfits or other renovations which do not increase or decrease floor area by more than five (5) percent of the permitted amount or two thousand five hundred (2,500) square feet, whichever is greater. A zoning compliance permit or other permits may be required for such changes.

It is unlawful to change the type of use or type of occupancy of any land or structure, or to extend any use on any lot on which exists a nonconforming use, until the town manager has issued a Form District permit for such action, certifying that the intended use complies with the applicable provisions of this section.

Site specific development plan. For the purposes of the Land Use Management Ordinance, a Form District Permit constitutes a site specific development permit.

Application Submittal Requirements. Applications for a Form District Permit are submitted to the town manager. The town manager will prescribe the forms on which applications are made. The town manager will prescribe any material that may reasonably be required to determine compliance with this Section and the Land Use Management Ordinance, with sufficient copies for necessary referrals and records. No application may be accepted by the town manager unless it complies with such submittal requirements. Applications that are not complete will be returned to the applicant, with a notation of the deficiencies in the application.

An urban design assessment is required as part of a complete application, providing a preliminary determination of whether elements of the proposed development meet the urban design intent of the Blue Hill District. Urban design assessments will be prepared by consultants under contract with the town and the costs of the analyses will be included in the development application fees.

Traffic impacts of proposed new development and redevelopment shall be considered in the review of applications. A traffic impact analysis as provided for in section 5.8.1.G is required to identify and quantify the traffic impacts of proposed developments, and to identify facility improvements necessary to maintain acceptable levels of service. A traffic impact analysis is required for Form District Permit review, unless affirmatively exempted by the town manager.

Action on the application.

The applicant must meet with the town prior to filing of the Form District permit application to determine whether new right-of-way or public easement will be required for the development, in accordance with the regulating plan, section 3.11.2.2. If new rights-of-way or public easements are required, the proposed dedication shall be shown on the Form District permit application, and the final dedication shall be recorded prior to the issuance of a building permit. Prior to issuance of a Form District permit, a phasing schedule shall be approved by the town manager that addresses necessary public improvements by the applicant and right-of-way and public easement improvements to be constructed by the town.

The town manager will take final action on the application. Final action on an application will be based solely on findings as to compliance with all applicable provisions of this section 3.11 and the Land Use Management Ordinance, including all applicable conditions of an approved major or minor subdivision, and must be one of the following:

Approval of application; or

ii.

Approval of application subject to reasonable conditions to ensure compliance with applicable regulations and conditions; or

iii.

Denial of application.

Final action must be taken within seventy-five (75) working days of the acceptance of an application or 15 working days from approval of a certificate of appropriateness (whichever is later), or within such further time consented to by written notice from the applicant or by town council resolution. The town manager must reach a decision on a complete and otherwise actionable application within the prescribed time limit, or any extension.

Actions subsequent to decision.

In the case of approval or approval with conditions, the town manager will issue the Form District permit. In the case of denial of an application, the town manager must notify the applicant of the reasons for such denial.

Where engineering construction permits are required by the Town Code of Ordinances, such permit may not be issued prior to issuance of the Form District permit.

Where a building permit is required by chapter 5 of the Land Use Management Ordinance, or a sign permit is required, such permits may not be issued prior to issuance of the Form District permit and engineering construction permit required for the development.

Appeal of decision. A decision by the town manager in granting or denying a Form District permit may be appealed to the board of adjustment in accord with the provisions of the Land Use Management Ordinance, section 4.11.

Modification of Form District Permits. The town manager may approve a minor modification of a Form District Permit administratively. A change from what is included in an approved Form District Permit will be considered a major modification if it would render a building approved under a Form District Permit out of substantial conformance as defined in subsection 3.11.4.8.B. Any other changes may be approved by the town manager or the town manager's designee and shall not constitute a major modification. The application fee for a modification to a Form District Permit is established by the council as part of the budget process.

Performance and maintenance guarantees.

Conditions attached to an approval of a Form District permit may include the following:

A condition requiring the applicant to provide performance guarantees and/or maintenance guarantees deemed necessary to ensure compliance with the requirements of this Section and the conditions of permit approval.

ii.

A condition permitting the applicant to provide performance guarantees in lieu of actual completion of required improvements prior to use or occupancy of the development authorized by the Form District permit, provided the delayed completion of such improvements is determined to be compatible with the public health, safety and welfare.

Such performance guarantees and maintenance guarantees must be satisfactory as to their form and manner of execution, and as to the sufficiency of their amount in securing the satisfactory construction, installation, or maintenance of the required improvements.

The condition requiring or permitting a performance guarantee must specify a reasonable time period within which required improvements must be completed. Such time period must be incorporated in the performance guarantee. The length of such time period may not exceed two (2) years from the date the Form District permit is issued.

No performance guarantee will be released until certification of the satisfactory completion of all required improvements covered by such performance guarantee has been submitted to and approved by the town manager.

If the required improvements covered by a performance guarantee are not completed in accordance with the terms of the performance guarantee, the obligor will be liable to the town for the reasonable cost of the improvements not completed and the town may, either prior to or after the receipt of the proceeds, complete such improvements.

Expiration and revocation of Form District permit approvals.

Starting time limit. If the use, construction, or activity authorized by approval of an application for a Form District permit or modification of Form District Permit is not started within twelve (12) months of the date of approval, or within such further time stipulated in the approval, the approval will expire and any town permit issued pursuant to the approval will be void. The town manager may grant a single extension of the starting time limit for up to twelve (12) months, unless he/she determines that paramount considerations of health, the general welfare, or public safety require re-approval. The town manager will determine whether the use, construction, or activity has started.

Completion time limit. If all construction and actions authorized or required by a Form District permit or modification of Form District permit are not completed by the completion date stipulated in the permit or modification, the permit holder may request an extension of the completion time limit from the town manager. The town manager may grant extensions of the time limit for periods of up to twelve (12) months if he/she determines that:

The permit holder submitted the request within sixty (60) days of the completion date;

ii.

The permit has proceeded with due diligence and good faith; and

iii.

Conditions have not changed so substantially as to warrant reconsideration of the approved development.

The town manager will determine whether or not all construction and actions authorized or required have been completed.

10.

Revocation of Form District permit.

If any conditions of a Form District permit or modification of Form District permit, including completion time limits, or requirements of this section applicable to the permit or modification are violated, the town manager may revoke the permit or modification.

The town manager may reinstate a revoked Form District permit or modification of Form District permit if he/she determines that:

The holder of the revoked permit or modification submitted a request for reinstatement within ninety (90) days of the revocation;

ii.

The violations that were the cause of the revocation have been corrected; and

iii.

The development fully complies with all conditions of the permit or modification and all applicable requirements of this section and the Land Use Management Ordinance.

Certificate of occupancy. No building or structure for which a Form District permit has been issued may be used or occupied until, after final inspection, a certificate of occupancy has been issued indicating compliance with the provisions of this section, the Land Use Management Ordinance, and all other state and local laws, including conditions of the Form District permit and all other required permits.

Certificate of appropriateness.

Review Required

No exterior portion of any building or related structure (including structured parking visible from the public realm, masonry walls, fences, light fixtures, steps and pavement), or any above-ground utility structure or stormwater control measure at grade may be erected, altered, restored or moved within the Form District until an application for a certificate of appropriateness as to the aesthetic quality of exterior architectural features and accessory utility features has been approved, based upon the criteria and standards established in this Section 3.11. The above requirements do not apply to the demolition of any buildings or structures or routine maintenance of structures.

For purposes of this Section 3.11, "exterior architectural features" shall include the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the following: kind and texture of the building material, type and style of all windows and doors, orientation and treatment of building entrances, building elements as described in Section 3.11.2.6, type and style of light fixtures, quality of associated streetscape environment, quality of building pass-throughs, quality and activation of associated outdoor amenity spaces, screening of associated vehicular and services areas, cohesive design aesthetic for all buildings and structures on the site, and appropriate transitions to surrounding development.

Accessory utility features further includes the screening of transformers and cabinet structures, as well as the appearance of visible stormwater control measures at grade. Review should give consideration toward the hierarchy of street-facing facades as they relate to the different frontage types. For development along streets with Type C Frontage requirements, the Community Design Commission shall review and approve certificates of appropriateness consistent with 3.11.4.2.C.2.a.

A certificate of appropriateness shall be issued prior to the issuance of a Form District permit, zoning compliance permit or any other permit granted for purposes of constructing or altering buildings or structures.

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 structures and buildings on property owned or franchised by the Town of Chapel Hill or public utility companies, excluding street paving, sidewalks, utility installations, lighting, walls, fences, regulatory signs, other traffic control measures and devices, and utility distribution systems located in public right-of-way.

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 community design 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. Such minor works shall be limited to those listed in the community design commission's rules of procedure, or a successor document. No application involving 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.

Certain changes not prohibited.

Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in the Form District that does not involve a change in design, material, or outer appearance, or to prevent the construction, reconstruction, alteration, restoration, moving, or demolition of any feature that the building inspector or similar official certifies is required by the public safety because of unsafe or dangerous condition.

On the basis of preliminary sketches or drawings and other supporting data, the town manager may exempt from requirements for a certificate of appropriateness projects involving the ordinary maintenance or repair of any exterior architectural feature that does not involve a change in design, material, or outer appearance. The town manager must notify the community design commission of all such exemptions.

Application submittal requirements.

Applications for a certificate of appropriateness are submitted to the town manager. The town manager will prescribe the forms on which applications are made. The town manager will prescribe any material that may reasonably be required to determine compliance with this section and the Land Use Management Ordinance, with sufficient copies for necessary referrals and records. No application may be accepted by the town manager unless it complies with such submittal requirements. Applications that are not complete will be returned to the applicant, with a notation of the deficiencies in the application.

Prior to approval or denial of an application for a certificate of appropriateness by the community design commission, the commission must take such action as may reasonably be required to inform the owners of any property likely to be materially affected by the application, and will give the applicant and such owners an opportunity to be heard.

In cases where the commission deems it necessary, it may hold a public hearing concerning the application.

Action on the application.

Within one hundred (100) working days of the acceptance of an application, or within such further time consented to by written notice from the applicant, the town manager or the community design commission shall issue a certificate of appropriateness, issue a certificate of appropriateness with conditions, or deny the application.

Such action must be based upon the criteria and standards established in this Section 3.11. The Design Guidelines shall serve as a reference for the Community Design Commission's review.

Failure to take final action on an application within the prescribed time limit, or extensions, will result in the issuance of a certificate of appropriateness for the application submitted.

The town manager or the community design commission may impose such reasonable conditions with the issuance of a certificate of appropriateness as will ensure that the spirit and intent of section 3.11 are achieved.

Actions subsequent to decision. The town manager will notify the applicant of a decision in writing, and file a copy of it with the town's planning department. If the application is denied, the notice must include the reasons for such action.

Appeal of decision. A decision by the community design commission on an application for a certificate of appropriateness may be appealed to the board of adjustment in accordance with the provisions of Land Use Management Ordinance section 4.10.

Submittal of new application. If the community design commission denies an application for a certificate of appropriateness, a new application affecting the same property may be submitted only if substantive change is made in plans for the proposed construction, reconstruction or alteration.

Modification of certificate of appropriateness. The community design commission may review and approve a modification of a certificate of appropriateness. A modification of this kind is defined as any change that exceeds "minor work" as it is defined in subsection 3.11.4.7.D.1.e. The application fee for a modification to a certificate of appropriateness is established by the council as part of the budget process.

Nonconforming build-to requirement. The nonconforming provisions of the Land Use Management Ordinance apply to this section. The following standards clarify the application of the Land Use Management Ordinance nonconforming provisions to the build-to zone requirements of this section. Expansion of an existing building is required to meet the build-to zone requirements, except as permitted in the following situations.

Additions. Expansion of an existing building which is unable to meet the build-to requirement of this section must comply with the following nonconforming provisions:

Front: Addition. Any addition to the front must be placed in the build-to zone. The addition does not have to meet the build-to zone percentage for the lot.

Rear: Addition. Rear additions are permitted. The intent is to ensure a building addition does not increase the degree on the nonconformity in relation to the build-to zone.

Side: Addition. Side additions are not permitted

New buildings. Where a new building is being constructed on a lot or site with an existing building on it that doesn't meet the build-to requirement, the following nonconforming provisions apply.

Front: New building. All new buildings must be placed in the build-to zone until the build-to zone percentage for the lot has been met.

Rear: New building. New buildings located outside of the build-to zone are not permitted until the build-to zone percentage for the lot has been met.

Side: New building. New buildings located outside of the build-to zone are not permitted until the build-to zone percentage for the lot has been met.

Phased Redevelopment.

Build-Out Plan. Where appropriate for demonstrating the phased redevelopment of a site, the applicant may submit a build-out plan conveying the overall general intent and system of development as part of the application for a Form District Permit and Certificate of Appropriateness. A build-out plan shall be required when a proposed improvement would not meet the standards of Section 3.11 except in the context of construction of a future improvement. The build-out plan shall include the following information:

The boundary of the site subject to phased redevelopment.

The type and location of improvements within the site, with sufficient detail to demonstrate overall compliance with Section 3.11.

A phasing plan.

Proposed interim treatments at the boundaries of phases, as necessary to provide buffering and screening between initial and subsequent phases.

Proposed alternative improvements to be made if a subsequent phase is delayed.

Design Alternative. The Community Design Commission may approve buildings and related structures not meeting the standards of Section 3.11 as a design alternative, where a build-out plan identifies a sequence of improvements that will bring all phases into conformance with Section 3.11 and provides adequate buffering and screening between phases. Such approval may include buildings and building additions located outside the build-to zone; however, no structure shall be approved in a location that would significantly restrict the ability of future buildings to meet build-to zone requirements.

3.11.4.8. Defined Terms.

General provisions.

General meaning of words and terms.

All words and terms used have their commonly accepted and ordinary meaning unless they are specifically defined in section 3.11.4.9 or the context in which they are used clearly indicates to the contrary.

When vagueness or ambiguity is found to exist as to the meaning of any word or term used, any appropriate canon, maxim, principle or other technical rule of interpretations or construction used by the courts of this state may be employed to resolve vagueness and ambiguity in language.

Graphics, illustrations and photographs. The graphics, illustrations and photographs used to visually explain certain provisions of section 3.11.4.9 are for illustrative purposes only.

Defined terms. The following terms are defined for the purpose of this Section. Terms not defined may be defined in Appendix A. If there is a conflict between a definition in Appendix A and this section, the definition in this section will be used.

Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is "new construction."

Attic means habitable or uninhabitable space within a building situated within the structure of a pitched roof and above the uppermost regular story.

Block length means the distance between two (2) intersections or an intersection and the terminus of a road.

Buildable means land area that is suitable and available for development unconstrained by physical layout, topography, regulatory factors, existing or planned public facilities, utilities and the like.

Building façade means the face of a building that delineates the edge of conditioned floor space.

Building Pass-through means a publically accessible passage between or through buildings that allows, at a minimum, pedestrians and bicyclists to move from one (1) side of building to another through a privately owned or publically dedicated area. A building pass-through includes but is not limited to a through-street, an alley, a bicycle and pedestrian pass-through, trail, greenway or other similar passage; vehicles may be allowed as desired by the applicant.

Day means one (1) calendar day. Working day means a day that the Town of Chapel Hill is open during normal business hours. This excludes weekends and observed holidays.

Gross floor area means the sum in square feet of the horizontal area of all floors of the building measured from the exterior walls or from the centerline when two (2) buildings or units abut. Gross floor area includes basement floor area when more than fifty (50) percent of the basement height is above the established curb level or above the finished lot grade level where the curb level has not been established. Elevator shafts, stairwells, floor space used for mechanical equipment, attics, balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses is included in the calculation of gross floor area. However, the following is not included: any space devoted exclusively to on-site parking; or outdoor loading, display, storage, utility service areas; and uninhabited enclosed space on tops of roofs; or attic space having head room of less than even (7) feet, six (6) inches.

Ground floor means the floor of a building that is at or nearest to the level of the ground around the building. Does not include the floor of a basement.

Improved site area means the sum of the horizontal area of the outside portion of the site and includes any space devoted to on-site parking; outdoor loading, display, storage, utility service, decorative areas and landscaped areas that are part of the original site plan approval.

Public Realm means the streetscape or any other nonvehicular, publically accessible area located along the designated frontage of a street, alley shared between sites, or non-vehicular thoroughfare.

Raceway means an enclosed channel of metal or nonmetallic materials designed expressly for holding wires or cables associated with illuminating a sign.

Right-of-way means a fee simple dedication of private property or an easement, whereby public access and utility easements are granted.

Sidewalk clear zone means an area of the sidewalk equivalent to the minimum required width for which pedestrians have a safe and adequate place to walk free of any obstructions. Any entryways, doors, door swings, outdoor dining, sandwich boards, benches, lighting or other streetscape features shall be placed outside of the clear zone.

Street facing façade means a building façade which directly abuts an arterial, collector, local or district street.

Substantial conformance means conformance which leaves a reasonable margin for minor modification provided that: such modification is consistent with and does not materially alter the character of the approved development including the uses, layout and relationship to adjacent properties depicted on the approved Form District permit or certificate of appropriateness; such modification does not increase or decrease floor area by more than five (5) percent of the permitted amount or two thousand five hundred (2,500) square feet (whichever is greater); such modification is consistent with any proffered or imposed conditions that govern development of the site; and, such modification is in accordance with the requirements of the Town of Chapel Hill Land Use Management Ordinance.

This section means section 3.11 of the Land Use Management Ordinance.

Thoroughfare means a route provided for the purposes of creating connectivity and/or establishing blocks, to include all types of streets, alleys, and non-vehicular paths and greenways with a defined right-of-way.

Upper story means any story above the ground story or floor.

( Ord. No. 2014-05-12/O-3, § I, 5-12-2014 ; Ord. No. 2015-10-26/O-1, § I ; Ord. No. 2016-04-18/O-1, § 1; Ord. No. 2016-04-18/O-3 , §§ I, II; Ord. No. 2016-04-18/O-4, §§ I—IV; Ord. No. 2016-04-18/O-5 , § I; Ord. No. 2016-04-18/O-6 , § I; Ord. No. 2016-04-18/O-7 , §§ I—V; Ord. No. 2016-04-18/O-8 , § I; Ord. No. 2016-06-27/O-10.1 , §§ I—VI; Ord. No. 2016-06-27/O-12 , § I; Ord. No. 2016-12-05/O-5 , §§ II—IV; Ord. No. 2017-03-06/O-1 , §§ 1—18; Ord. No. 2018-05-23/O-5.1 , §§ 1—40; Ord. No. 2018-06-27/O-5.1 , § 1; Ord. No. 2018-06-27/O-5.2 , §§ 1, 2; Ord. No. 2018-06-27/O-5.3 , §§ 1, 2)

                    
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