This appendix of the Town of Chapel Hill Code of Ordinances (including Appendix A, "Definitions") shall be known as and may be cited as the Chapel Hill Land Use Management Ordinance.

This appendix is adopted pursuant to the authority contained in Chapter 160D; Chapter 143, Article 21 (Part 6) and Article 33C; Chapter 13A, Article 4; Chapter 136, Article 34; and Chapter 63, Article 4 of the N.C. General Statutes; and Chapter 473 of the Session Laws of 1975 and Chapter 278 of the Session Laws of 1965. This appendix cites specific provisions of the North Carolina General Statutes (NCGS), and while these provisions may change after the adoption of this appendix, the intent of these referenced sections shall remain.

(Ord. No. 2021-05-19/O-1, § 2)

The purpose of this appendix is to provide for the regulation of development, as provided in the North Carolina General Statutes and the Town Charter.

This appendix shall be effective throughout the town's planning jurisdiction. The planning jurisdiction of the town comprises the area described by Chapter 473 of the Session Laws of 1975, as modified from time to time in accordance with Section 160D, Article 2 of the North Carolina General Statutes.

Except as otherwise specifically provided in this appendix, no land or structure shall hereafter be used or occupied, and no excavation, removal of soil, clearing of a site, or placing of fill shall take place on lands contemplated for development, and no structure, or part thereof, shall be constructed, erected, altered, renovated, or moved, except in compliance with all of the applicable provisions of this appendix.

Notwithstanding the foregoing, regulations established in this appendix as enacted on January 27, 2003, with the exception of occupancy restrictions, shall not apply to valid special use permits, development plans, and preliminary plat applications approved by the town council, and valid site plan review applications approved by the planning commission, prior to the effective date of this enacted appendix. Such developments shall be subject to regulations that were applicable immediately prior to the effective date of this appendix as enacted on January 27, 2003, with the exception of occupancy restrictions for single-family and two-family structures.

The appendix shall apply to all public land(s) and private land(s), and use(s) thereon over which the town has jurisdiction under the constitution(s) and law(s) of the State of North Carolina and of the United States, including any areas within the jurisdiction of the Town pursuant to North Carolina General Statutes Section 160D, Article 2. The planning department (hereinafter known as the "department") of the town can be contacted for further information about the use of this chapter.

For a parcel in two jurisdictions, the owner and the jurisdictions may agree that development regulations from one jurisdiction will apply to the entire parcel as authorized in Chapter 160D-203 and in section 4.1.5 in this appendix.

(Ord. No. 2005-05-23/O-2, § 2; Ord. No. 2014-03-10/O-2, § 3; Ord. No. 2021-05-19/O-1, § 3; Ord. No. 2023-06-21/O-6, § 1)

This appendix implements the themes of the most current comprehensive plan and its adopted elements for the town, as may be amended from time to time.

This appendix incorporates the themes and goals from the comprehensive plan which are appropriate for land use regulation.

(Ord. No. 2012-10-24/O-3, § 1)

The provisions of this appendix are the basic and minimum requirements for the protection of public health, safety, and welfare. As provided by North Carolina General Statutes Section 160A-4, this appendix shall be liberally interpreted in order to further its underlying purposes. In all cases, the strictest standards will be applied. Rules of interpretation and definitions, words, terms or phrases in this chapter may be found in Appendix A [Definitions] to this appendix. This appendix contains numerous graphics, pictures, illustrations, and drawings. However, text of this appendix shall control unless otherwise provided in the specific section.

No development activity shall occur on any property subject to the regulations of this appendix until all applicable permits, approvals and certificates have been issued and approved by the appropriate officials.

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice, and similar matters may be charged to applicants for zoning compliance permits, special use permits, certificates of appropriateness, subdivision plats, zoning amendments, appeals, variances, and other development applications. The amount of such fees shall be fixed by the council from time to time.