§ 3.4. Conditional Districts.

3.4.1 Conditional Use Districts.

For the TC-1, TC-2, TC-3, CC, N.C., OI-1, I, R-6, R-5, R-4, R-3, R-2, R-2A, R-1, R-1A, HR-L, HR-M, HR-X, R-LD1, and R-LD5 districts hereinabove described, there are hereby established parallel conditional use districts designated TC-1-C, TC-2-C, TC-3C, CC-C, N.C.-C, OI-2-C. 0I-1-C, I-C, R-6-C, R-5-C, R-4-C, R-3-C, R-2-C, R-2A-C, R-1-C, R-1A-C, HR-L-C, HR-M-C, HR-X-C, R-LD1-C, and R-LD5-C pursuant to North Carolina General Statutes Section 160A-382. Under each conditional use district, all uses allowed as a permitted use or special use by section 3.7, Table 3.7-1 (Use Matrix), for the parallel general use district are permitted only upon issuance of a special use permit by the town council pursuant to section 4.5 of this appendix.

(Ord. No. 2007-02-26/O-5, § 2; Ord. No. 2008-11-24/O-4, § 1; Ord. No. 2017-04-05/O-7 , § 3; Ord. No. 2019-05-22/O-2 , § 1)

3.4.2. Residential-Special Standards-Conditional Use Districts.

A residential-special standards-conditional (R-SS-C) is hereby established, pursuant to North Carolina General Statutes Section 160A-382. Uses allowed in this district shall be those described in section 3.7 and Table 3.7-1 (Use Matrix) of this chapter, and are permitted only upon issuance of a special use permit by the town council pursuant to section 4.5 of this chapter. Residential development and the recreational, open space, and other urban amenities associated with such development when located within the residential-special standards-conditional district shall, to the extent practical, comply with the goals and objectives of the comprehensive plan.

Zoning atlas amendment applications, proposing to rezone a site to the residential-special standards-conditional district shall comply with A or B below:

A.

An applicant must demonstrate that the associated special use permit application complies with the following objective:

1.

Promotion of an one hundred (100) percent affordable on-site housing component.

Or

B.

An applicant must demonstrate that the associated special use permit application complies with each of the following objectives:

1.

Promotion of affordable housing on-site, and off-site when appropriate, that complies with or exceeds the council's current affordable housing policy.

2.

Implementation of an energy management and conservation plan that addresses carbon reduction, water conservation and other conservation measures that comply with or exceed the council's current energy management/conservation policies.

3.

Encouragement of a balanced private and public transportation system that promotes connectivity and safety for vehicles, bicycles, and pedestrians including direct and/or indirect improvements to the community's transportation systems.

4.

Support of a healthy downtown district by identifying or providing reasonable accessible pedestrian/bicycle and non-vehicular access to downtown.

5.

Promotion of art (private or public) in private development that is visually accessible to the public and/or providing direct/indirect opportunities for public art.

6.

Protection of adjoining residential uses and neighborhoods with appropriate screening/buffering and/or architectural design elements that is congruous and sensitive to the surrounding residential areas.

7.

Protection/restoration of the natural environment by implementing program(s) addressing stream restoration, wildlife habitat, woodland, meadow restoration, steep slope protection, and exotic invasive vegetation management, including programs that encourage private/public partnership to restore and enhance environmental resources.

8.

Promotion of green and ecologically sound developments.

9.

Encouragement of a community character that promotes economic vitality, economic protection and social equity.

(Ord. No. 2008-11-24/O-4, § 2; Ord. No. 2017-04-05/O-7 , § 3)

3.4.3 Conditional Zoning Districts, except the Innovative, Light Industrial Conditional Zoning District established in 3.4.4, parallel each of the following general use zoning districts:

R-5

R-6

HR-X

TC-1

TC-2

TC-3

CC

N.C.

OI-3

OI-2

OI-1

MU-V

Except as otherwise provided in the innovative, light industrial conditional zoning district (LI-CZD), development in a conditional zoning district is subject to the same standards applicable to the parallel general use zoning district including overlay district regulations, as modified by the approved district-specific plans and conditions:

a)

That are proposed or agreed to by the owner(s) of the subject land;

b)

That incorporate any proposed modifications to use, intensity, or development standards applicable in the parallel general use district; and,

c)

That are limited to conditions that address conformance of the allowable development and use of the rezoning site with town regulations and adopted plans, and impacts reasonably expected to be generated by the allowable development or use of the site.

One goal of the town's comprehensive plan is to promote energy conservation through building design. Therefore, applicants are encouraged to meet the Architecture 2030 Challenge guidelines as amended.

(Ord. No. 2017-11-29/O-4 , § 5; Ord. No. 2019-05-22/O-2 , § 1)

3.4.4 Innovative, Light Industrial Conditional Zoning District

a)

Innovative, Light Industrial Conditional Zoning District (LI-CZD) Established.

The innovative, light industrial conditional zoning district (LI-CZD) is hereby established as a conditional zoning district. A LI-CZD may be established through the town council's approval of a conditional zoning district rezoning application pursuant to section 4.4.3, which incorporates district-specific rezoning plans and conditions agreed to by the owner(s) of the rezoned land. Once a LI-CZD is established, a property owner may submit final plans applications to the town manager for review and approval in accordance with the standards of this appendix and the conditions and rezoning plan attached to the conditional zoning district rezoning approval.

b)

Purpose.

The LI-CZD district is intended to support and encourage job-creating uses that fit Chapel Hill's character and desired brand of being a place for creative, sustainable and entrepreneurial companies to start, grow or relocate. Encouraged uses include research activities; manufacturing, light; food processing, light and flex space, and associated support functions serving both the needs of the community and region. A LI-CZD may only be applied to areas designated as innovative, light industrial opportunity area on the land use plan as adopted and amended by the town council.

A LI-CZD is intended to be applied to areas within the Town limit so that municipal services can be provided to properties containing innovative, light industrial uses that will need the full range of municipal services such as police, fire, public works, transit, and building inspections. It is further intended to increase the town's non-residential tax base, provide a place for innovative, light industrial businesses to locate, and to promote a healthy and sustainable economy in order to provide the range of services desired by the community and necessary to maintain public health, safety, and welfare.

c)

Standards applicable to development in a LI-CZD.

1)

Intent: The standard conditions applicable to a LI-CZD are intended to foster an efficient use of land-enabling productive use of limited developable land in Chapel Hill and allowing for enhanced protection of environmentally-sensitive areas that may be present on a lot. Development in a LI-CZD shall be designed in a manner that provides a mix of non-residential uses which area integrated, interrelated, and linked by non-vehicular connections and vehicular connections consistent with the adopted comprehensive plan and its various adopted elements. Development shall be designed in a manner to be congruent with adjacent land uses, and mitigate impacts to surrounding properties to the full extent required by this appendix.

2)

Standard conditions:

A.

The following standard conditions, contained within subdivisions (c)(3)—(c)(8), apply to development within a LI-CZD and shall be included in a conditional zoning district rezoning approval.

B.

Where a general standard or provision of this appendix expressly conflicts with a standard established in this division (c) the standards of this division (c) control, otherwise the general standards and provisions of the appendix are applicable to development within a LI-CZD.

C.

Pertinent general standards:

i.

Applicable overlay zoning districts and standards - section 3.6 "Overlay Districts."

ii.

Permitted Uses - section 3.7 "Use Regulations."

iii.

Permitted land use intensity and dimensional standards — section 3.8 "Dimensional Standards."

iv.

General development standards - Article 5, Design and Development Standards.

v.

Special standards - Article 6, Special Regulations for Particular Uses.

D.

The town council, in approving a conditional zoning district rezoning may determine that additional and/or alternate standards are appropriate provided that the intent of the LI-CZD standards have been met to an equal or greater degree.

3)

Stormwater management performance criteria.

A.

Stormwater management is required in accordance with section 5.4 "Stormwater Management" of this appendix except as listed below to provide additional protections to ensure that the impacts of innovative, light industrial development are mitigated on surrounding properties and the community as a whole.

B.

Stormwater detention capacity: Stormwater detention/retention shall be designed to provide an additional ten (10) percent storage capacity above the volume required to meet the stormwater runoff rate criteria established for the 25-year 24-hour storm event in section 5.4.6(c) of this appendix.

C.

Total suspended solids (TSS) removal: Notwithstanding section 5.4.6(a) of this appendix 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 within the project's limits of land disturbance.

4)

Landscape buffer requirements.

A.

Landscape buffers are required in accordance with section 5.6.6 of this appendix except as listed below.

B.

Proposed development that directly abuts a railroad track, does not require a buffer on that lot line.

C.

Proposed development that abuts a lot within the innovative, light industrial opportunity area, as shown on the town's land use plan does not require a buffer on that lot line.

D.

Proposed development abutting a non-Interstate, arterial street, shall require a Type B buffer on that lot line.

E.

Proposed development abutting vacant land zoned MU-R-1 or MU-OI-1 shall require a Type B buffer on that lot line.

5)

Landscape protection plan.

A.

Landscape protection plans are required in accordance with section 5.7.3 "landscape protection" of this appendix except that specimen trees are not required to be identified on landscape protection plans. Rare trees and significant tree stands are required to be identified and protected in accordance with section 5.7 of this appendix.

6)

Parking and loading.

A.

Vehicular parking minimum and maximum ratios: To accommodate and encourage wide variety of innovative, light industrial, research activity, and flex space uses in the LI-CZD, an alternative parking ratio, differing up to thirty (30) percent of the ratios established in section 5.9.7 "Parking Ratios" of this appendix, may be granted by the town manager if, based on substantial evidence, the town manager finds that compliance with the full minimum off-street vehicular parking space requirements of section 5.9.7 of this appendix would not be required by the applicant's proposed use or that compliance with the maximum off-street vehicular parking space requirements would not provide enough parking spaces required by the applicant's proposed use.

B.

Loading docks shall be placed to the rear or side façade of buildings and not on the same side as the primary public entrance.

C.

Placement of parking areas. The applicant is encouraged to limit the amount of parking between the building and the public right-of-way, except where parking is adjacent to a railroad track.

7)

Accessory uses.

A.

Accessory uses, listed as "A" in table 3.7-1 "Use Matrix" of this appendix, on a cumulative basis shall constitute no more than one-third (⅓) of the built floor area of a given zoning lot at any one time.

8)

Signage.

A.

Signage shall be allowed in accordance with the requirements for the "I" zoning district pursuant to section 5.14 "Signs" of this appendix.

(Ord. No. 2007-02-26/O-5, § 2; Ord. No. 2008-11-24/O-4, § 1; Ord. No. 2017-04-05/O-7 , § 4; Ord. No. 2017-11-29/O-4 , § 4)