Article 3. ZONING DISTRICTS, USES, AND DIMENSIONAL STANDARDS

§ 3.7. Use regulations.

Latest version.

Purpose statement: It is the intent of this article to provide for patterns of land use in accord with the comprehensive plan, and to promote the organization of land uses so as to minimize conflicts between different types of land use activities while recognizing the community's need for such activities.

3.7.1 Permitted, Special and Accessory Uses

Uses of land or structures which are not expressly listed in section 3.7.2 as permitted principal uses, permitted accessory uses, or permitted special uses in a zoning district or planned development are prohibited uses and shall not be established in that district or planned development. Bona fide farms in areas outside of Chapel Hill's municipal zoning jurisdiction, but within Chapel Hill's transition area as defined in the joint planning agreement with Orange County, are not subject to these use regulations, as provided by N.C. General Statutes.

Uses listed as permitted special uses in a zoning district may be established in that district only after issuance and recordation of a special use permit in accord with the procedures and conditions specified in article 4, section 4.5. Planned developments may be established in any zoning district only after the issuance and recordation of a special use permit in accord with the procedures and conditions specified in article 4, section 4.5.

3.7.2 Use Matrix

Except as otherwise specifically provided in this chapter, regulations governing the use of land and structures within the various zoning districts and classifications of planned developments are hereby established as shown in the following table, Use Matrix.

3.7.3 Use Groups

The division of permitted uses into use groups as shown in the use matrix is intended to differentiate such uses by intrinsic intensity relative to other uses and for application of certain standards as provided in this chapter.

[Use Matrix begins on next page]

Table 3.7-1: Use Matrix

General Use Zoning District

Historic Rogers Road Neighborhood District

Planned Development (PD-)

Uses

Use Group

R-LD5

R-LD1

R-1A

R-1

R-2

R-2A

R-3

R-4

R-5

R-6

R-SS-C

TC-1, TC-2, TC-3

N.C.

OI-1

OI-2

OI-3

OI-4

LI-CZD

HR-L

HR-M

HR-X

HR-C

SC(N)

SCI

DA-1

Accessory use customarily incidental to a permitted principal or special use

—

Adult day care facility (See also Article 6)

P, A

—

P, A

—

P, A

—

P, A

—

P, A

Agriculture, Female Chickens

—

Agriculture, livestock

P, A

—

P, A

—

Agriculture, non-livestock

P, A

—

P, A

—

Automated teller machines (ATM) (Walkup)

—

Automated teller machines (ATM) (Drive-up)

—

Automotive Repair

—

P, A

—

P, A

—

P, A

—

P, A

Automotive repair (less collision, service and painting)

—

P, A

—

P, A

—

P, A

—

P, A

Automotive, trailer, and farm implement sales or rental

—

P, A

—

P, A

—

P, A

—

P, A

Bank

—

P, A

—

P, A

—

P, A

Barber shop/beauty salon

—

Business—Convenience

—

P, A

—

P, A

—

P, A

—

P, A

Business—General

—

P, A

—

P, A

—

P, A

—

P, A

Business—Wholesale

—

P, A

—

P, A

—

P, A

—

P, A

—

Business, office-type

—

P, A

A, Z

—

P, A

—

P, A

Car wash (See also Article 6)

—

Cemetery (See also Article 6)

—

Child day care facility (See also Article 6)

P, A

—

P, A

—

P,A

P, A

—

P, A

—

P, A

Clinic

—

P, A

—

P, A

—

Club

—

P, A

College or University

—

Drive-in window (See also Article 6)

—

Dwelling Units, Single Family

—

Dwelling units, single-family with accessory apartment

—

Dwelling units, duplex (See also Article 6)

—

Dwelling units, multifamily, 3 to 7 dwelling units

—

Dwelling units, multifamily, over 7 dwelling units

—

Dwelling units, Live-Work (See also Article 6)

—

Dwelling units, triplex (See also Article 6)

—

Dwelling Unit, Upper Story

—

Essential services

P, A

—

P, A

—

P, A

Extraction of earth products (See also Article 6)

—

Fine arts educational institution (See also Article 6)

—

Flex office

—

Flex space

—

P A

—

P, A

—

Food Truck

—

Fraternity dwelling (See also Article 6)

—

Funeral home

—

P A

—

P A

—

Group care facility (See also Article 6)

—

Hangar, medical aircraft

—

Home occupation

—

Home occupation, Major (See also Article 6)

—

Hospital

—

Hotel or motel

—

Independent Senior Living Facility (See also Article 6)

—

P, A

—

P, A

—

Kennel

—

P, A

—

P, A

—

P, A

—

Landfill (See also Article 6)

—

Main
tenance/storage facility

—

P, A

—

P, A

—

Manufact
ured home park

—

Manufact
ured home, Class A

—

Manufact
ured home, Class B

—

Manufacturing, light

—

P, A

—

P, A

—

Outdoor skateboard ramp (See Article 6)

—

Park/ride (See also Article 6)

—

P, A

—

P, A

Parking, off-street

—

P, A

—

Personal services

—

P, A

—

P, A

—

P, A

—

P, A

Place of assembly, over 2,000 seating capacity (See also Article 6)

—

Place of assembly, up to 2,000 seating capacity

—

P, A

—

P, A

Place of worship (See Article 6)

—

Public cultural facility

P, A

—

P, A

—

P, A

Public service facility (See also Article 6)

—

P, A

—

P, A

Public use facility

P, A

—

P, A

—

P, A

Publishing and/or printing

—

P, A

—

P, A

—

P, A

Recreation facility: Commercial

—

P, A

—

P, A

—

P, A

Recreation facility: Non-profit

—

P, A

—

P, A

Recreation facility: Outdoor commercial

—

P, A

—

P, A

—

Research activities

—

P, A

—

P, A

—

P, A

Research Activities, Light

—

P, A

—

Residence hall

—

Residential support facility

—

Rooming house

—

School, elementary or secondary

—

Service station/convenience store (See also Article 6)

—

Shelter

—

Self-Storage Facility, Conditioned

—

Solid waste management facility

—

P, A

—

Supply yard

—

P, A

—

P, A

—

P, A

—

P, A

—

Temporary portable building: Construction-related (See also Article 6)

—

Temporary portable building: Not construction-related

—

Tourist home

—

Veterinary hospital or clinic

—

P, A

—

P, A

—

P, A

—

P, A

Vocational school

—

P, A

—

P, A

—

P, A

—

P, A

Water and wastewater treatment plan

—

P, A

—

P, A

—

Wireless Communication Facilities

Collocation on existing tower or base station

—

Small wireless facility ^{^} , concealed: new base station or new dual purpose tower

—

Small wireless facility ^{^} , non-concealed: new base station or new tower

—

Macrocell facility: new concealed base station

—

Macrocell facility: new concealed dual-purpose tower

—

Macrocell facility: new non-concealed base station

—

Macrocell facility: new non-concealed tower

—

•Definitions of uses are listed in Appendix A

•Definitions of Wireless Communication Facility uses are listed in Appendix A, and in Section 5.20.3.

^ Uses in Table 3.7-1, Use Matrix, are applicable only to private property outside improved public rights-of-way. See Section 5.20.9(d) for small wireless facilities inside improved rights-of-way.

* Uses in this table are pursuant to a development agreement. If there is no development agreement governing the site, see Section 3.5.6(f)(1) and (2).

KEY:

"—" Not Permitted;

"S" Permitted as a special use;

"A" Permitted as an accessory use; In LI-CZD refer to Article 6 of this appendix for standards applicable to accessory uses labeled as "AY".

"P" In OI-3, OI-4, LI-CZD and MH: Permitted as a principal use;

"Y" In LI-CZD, permitted under additional prescribed standards in section 6.22

"Z" In LI-CZD, permitted when the town council approves this use as a part of a conditional zoning district rezoning application. Additional prescribed standards in section 6.22 apply to a use labeled as "YZ".

In all zones except OI-3, OI-4, LI-CZD, Conditional Zoning Districts, and MH: For all uses except existing public elementary and secondary schools. Permitted as a principal use if floor area of proposed development is less than twenty thousand (20,000) square feet, and disturbed land is less than forty thousand (40,000) square feet; otherwise permitted as a special use. The floor area threshold of twenty thousand (20,000) square feet for special use does not apply to increasing the floor area in existing buildings in the town center-1, -2, and -3 zoning districts, so long as the redevelopment does not increase the building footprint or height (excluding solar panels, HVAC equipment and screening thereof) and does not significantly alter the building's exterior. For existing public elementary and secondary schools, "P" indicates permitted as a principal use.

Note: The use groups established in the 2nd column of Table 3.7-1 are used to determine whether a site plan is needed for a change in use (see Section 4.7.1(f), and the applicability of buffers (see Section 5.6.6, Schedule of Required Buffers).

(Ord. No. 2004-02-23/O-2; Ord. No. 2007-02-26/O-5, § 3; Ord. No. 2009-03-09/O-6a, § 1; Ord. No. 2009-06-08/O-11; Ord. No. 2010-01-11/O-2, § 1b; Ord. No. 2012-01-30/O-2, § 2; Ord. No. 2015-06-15/O-1, § II ; Ord. No. 2016-03-21/O-1, § 1; Ord. No. 2016-03-21/O-3, § 2 ; Ord. No. 2017-04-05/O-7 , §§ 5—7; Ord. No. 2017-11-29/O-4 , § 6; Ord. No. 2018-05-23/O-4 , § 2; Ord. No. 2018-11-28/O-1 , § 1; Ord. No. 2019-05-22/O-2 , §§ 4, 5)

                    
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