The zoning lot on which an adult day care facility or child day care facility is located shall have access onto an arterial or collector street in R-1, R-2, and HR-L zoning districts.

(Ord. No. 2019-05-22/O-2, § 8)

(a)

A minimum gross land area of one hundred thousand (100,000) square feet shall be provided.

(b)

The zoning lot shall front on an arterial or collector street and have direct access thereto.

(c)

Adequate space for the parking and maneuvering of funeral entourages shall be provided within the site.

(d)

No interment shall be permitted within twenty (20) feet of any lot line.

A minimum or two hundred fifty (250) square feet of floor area shall be provided for each resident.

Fine arts educational institutions shall be allowed as a special use in the R-5 and R-6 zoning districts only if:

(a)

The zoning lot on which such use is located fronts on either an arterial or collector street.

(b)

Special consideration is given to the design of driveway areas to adequately permit on-site drop-off and pick-up of students.

The zoning lot on which a group care facility is proposed shall not be located within five hundred (500) feet of a zoning lot containing another existing or approved group care facility.

(a)

An operations plan and a rehabilitation plan, containing information as required by the town manager, shall be submitted as part of the application for a special use permit.

(b)

All operations associated with the extraction shall conform to the following performance standards:

(1)

Direct illumination resulting from the operation shall not fall upon any land not covered by the application;

(2)

Equivalent sound levels at the boundaries of the extraction site shall not exceed the noise standards contained in chapter 11, article 3 of the Town Code of Ordinances; and

(c)

The permanent roads, defined as those to be used in excess of one year, within the excavation site shall be surfaced with a dust-free material, such as soil cement, bituminous concrete, or Portland Cement concrete.

(d)

Roads other than permanent roads shall be treated with dust inhibitors which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action.

(e)

Where the proposed extraction shall take place within three hundred (300) feet of a dwelling, school, church, hospital, commercial or industrial building, public building, or public land, a security fence at least six (6) feet high shall be installed.

(f)

Spoil piles and other accumulations of by-products shall not be created to a height more than thirty-five (35) feet above the original contour and shall be so graded that the vertical slope shall not exceed the material's natural angle of repose.

(g)

The operations plan and the rehabilitation plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with extraction.

(a)

an operations plan and a rehabilitation plan, containing information as required by the town manager, shall be submitted as part of the application for a special use permit.

(b)

All operations associated with the landfill shall conform to the following performance standards:

(1)

Direct illumination resulting from the operation shall not fall upon any land not covered by the application;

(2)

Equivalent sound levels at the boundaries of the landfill site shall not exceed the noise standard contained in chapter 11, article 3 of the Town Code of Ordinances; and

(c)

The permanent roads, defined as those to be used in excess of one year, within the landfill site shall be surfaced with a dust free material, such as soil cement, bituminous concrete or Portland Cement concrete.

(d)

Roads other than permanent roads shall be treated with dust inhibitors which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action.

(e)

Where the proposed fill shall take place within three hundred (300) feet of a dwelling, school, church, hospital, commercial or industrial building, public building, or public land, a security fence at least six (6) feet high shall be installed.

(f)

The operations plan and the rehabilitation plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with fill.

The proposed facility shall be accessible by public bus transportation and bus passenger shelters shall be provided.

Equivalent sound levels at the boundaries of the zoning lot shall not exceed the noise standards contained in chapter 11, article 3 of the Town Code of Ordinances.

Adequate security of the site, by means of fencing or otherwise, shall be provided.

Editor's note— Ord. No. 2018-05-23/O-4, § 5 deleted § 6.11, which pertained to radio, television or wireless transmitting and/or receiving facility, and derived from Ord. No. 2003-01-27.

(a)

The zoning lot on which a service station/convenience store is located shall have a minimum gross land area of twenty thousand (20,000) square feet. If rental of trucks, trailers, etc. is proposed as an accessory use, the minimum gross land area required shall be increased by ten thousand (10,000) square feet.

(b)

The zoning lot shall front on an arterial or collector street and have direct access thereto.

(c)

Adequate provision shall be made for ventilation and the dispersion and removal of fumes, and for the removal of hazardous chemicals and fluids.

(d)

Driveways for a service station/convenience store shall 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 shall be measured centerline to centerline.

(a)

Residential use of temporary buildings shall be prohibited.

(b)

Temporary buildings shall not be used as part of a drive-in business.

(c)

Temporary buildings shall be removed within a time period designated on approval, such time period not to exceed three (3) years.

Pedestrian walkups shall be separated from service areas by curbs.

(a)

That no outdoor lighting, other than ground level lighting otherwise permitted by the Land Use Management Ordinance, be allowed to be used after 10:00 p.m. Sunday through Thursday, and after 11:00 p.m. Friday and Saturday. A lighting plan shall be approved by the community design commission.

(b)

That the application for the special use permit shall include a plan for staffing of the facility in a manner that will assure that the facility shall be well-maintained, with provisions for the regular collection of litter and debris during each day of operation, for regular care of the landscaping, for adequate protection of the equipment and structures from vandalism and for the protection of the safety of the customers.

(c)

That the zoning lot on which a car wash is located shall have a minimum gross land area of twenty thousand (20,000) square feet.

(d)

That the zoning lot shall front on an arterial or collector street and have direct access thereto.

(e)

That driveways for a car wash shall not be located so as to impede the safe operation of any intersection.

(f)

That all car washing apparatus shall be enclosed or screened from adjacent streets and properties by means of an effective screening device of a height appropriate to its screening function. Screening may be accomplished through arrangement of structures on the lot combined with appropriate screening devices which may include solid decorative brick walls, wood fences, berms, tight evergreen hedges which shall reach the necessary height within two (2) years of planting, or combination of the above.

(g)

That all proposals for car wash facilities shall demonstrate the provision of adequate drainage systems.

(h)

That no car wash shall be permitted in a water quality critical area (WQCA) District as established in article 9 of the appendix.

Outdoor skateboard ramps shall be permitted as an accessory use ("A") in the R-6, R-5, R-4, R-3, R-2, R-2A, R-1, R-1A, R-LD1, and R-LD5 zoning districts only if the minimum gross land area for the zoning lot is at least five (5) acres.

Outdoor skateboard ramps shall permitted only if:

(a)

The outdoor skateboard ramp structure, or any part thereof, is located at least one hundred (100) feet from any property boundary where the property's use or zoning is residential and thirty (30) feet from any non-residential property boundary. This setback is to be measured perpendicular to the lot line or street right-of-way; and

(b)

The outdoor skateboard ramp structure is adequately screened such that it is not visible from all adjacent streets and properties by means of an effective screening device of a height appropriate to its screening function. Appropriate screening devices may include solid decorative brick walls, wood fences, berms, tight evergreen hedges which shall reach the necessary height within two (2) years of planting, or combination of the above.

Each of the principal uses identified below shall be permitted in RT, R-LD5, R-LD1, R-1A, R-1, R-2A, R-2, and HR-L zoning districts only if the zoning lot on which such use is located meets the specific requirements identified here within. The zoning lot on which the following principal uses are located shall front on either an arterial or collector street for a width equal to or exceeding the minimum lot width established in Table 3.8-1, for that particular zoning district:

(a)

Place of worship.

(b)

School, elementary or second.

(c)

Public cultural facility.

(Ord. No. 2004-02-23/O-2; Ord. No. 2019-05-22/O-2, § 9)

6.18.1. Establishment of Planned Developments.

Planned developments may be established in any zoning district in accordance with the procedures and general requirements set forth in subsections 4.5.1-4.5.6 and with the requirements contained in this section.

(a)

General.

Planned developments shall be appropriately located with respect to intended functions, to the pattern and timing of development indicated in the comprehensive plan, and to public and private facilities existing or clearly to be available by the time the development reaches the stage where they will be needed.

(b)

Relation to major transportation facilities.

Planned developments shall be so located with respect to major street, bicycle, and pedestrian networks, or public transportation facilities, and shall be so designed, as to provide direct access to the development without creating traffic in residential neighborhoods outside the development.

(c)

Relation to public utilities, facilities, and services.

(1)

Planned developments shall be so located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utilities and installations that neither extension nor enlargement of such systems will be required in manner, form, character, location, degree, scale, or timing resulting in higher net public cost or earlier incursion of public cost than would development generally permitted under existing zoning and development policies.

(2)

Such developments shall be so located with respect to necessary public facilities (as for example, schools, parks, and playgrounds in the case of planned development-housing) as to have access to such facilities in the same degree as would development permitted under general regulation, and shall be located, designed, and scaled so that access for public services is equivalent to, and net cost for such services is not greater than, access and net costs for public services for development permitted under general development controls.

(3)

However, planned developments failing to meet these criteria may be approved if applicants (a) provide private facilities, utilities, and services approved by appropriate public agencies as substituting on an equivalent basis, and assure their satisfactory continuing operation, permanently or until similar public utilities, facilities, or services are available and used; or (b) make provision acceptable to the town for offsetting any added net public cost of early commitment of public funds made necessary by such development.

(4)

In determining net public costs, the difference in anticipated public installation, operation, and maintenance costs and the difference in anticipated public revenue shall be considered. Expenses involved in making such determinations shall be paid by the applicant. Determinations shall be made by the town or by experts acceptable to the town.

(d)

Relation to physical character of the site.

(1)

The site of a planned development shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, and shall be free from the probability of flooding, excessive erosion, subsidence or slipping of the soil, or other dangers. Condition of soil, ground water level, drainage, and topography shall all be appropriate to both the kind and pattern of use intended.

(2)

If appropriate to the form of planned development, lands to be included in planned developments may be divided by streets, alleys, rights-of-way, or easements, which shall be located, dimensioned, and arranged so as to permit unified planning and provide necessary protection against adverse relationships between uses in the development and uses in surrounding areas.

(e)

Relation to energy use.

Planned developments shall be so located with respect to climatic elements, including solar access, and shall be so designed, as to provide for and promote energy conservation and efficient use of energy. Applicants are encouraged to consider the use of solar roofs, state energy guidelines, and the measures prescribed in section 5-125 of the town code of ordinances.

(f)

Reduction or increase in required land areas.

The minimum and maximum land areas required for zoning lots containing the various classification of planned development as specified in this section, may be reduced or increased by the town council in accord with the following provisions:

(1)

Reductions in the minimum land area required may be approved upon findings in the particular case that special circumstances required such reduction, that other requirements can be met in such reduced area, and that such reduction shall not exceed ten (10) percent of the area generally required.

(2)

Increases in the maximum land area allowed may be approved upon findings in the particular case that the proposed plan of development or the character of the property involved require such increase to meet the requirements and intent of this article or to provide necessary special protection.

(3)

In reaching decisions on requests for reduction or increase in required land areas, the town council shall be guided by the provisions of the comprehensive plan and the protection of the public health, safety, and general welfare of present and future occupants of the proposed planned development and the surrounding area.

6.18.2. Permitted Modifications of Regulations.

Where actions, designs, or solutions proposed by the applicant are not literally in accord with applicable planned development regulations, general regulations, or other regulations in this appendix, but the town council makes a finding in the particular case that public purposes are satisfied to an equivalent or greater degree, the town council may make specific modification of the regulations in the particular case. Any modifications of regulations shall be explicitly indicated in the special use permit or modification of the special use permit.

6.18.3. Relation to Subdivision Review.

It is the intent of this section that applicable subdivision review under the subdivision regulations be carried out as an integral part of the review of a planned development. It is the further intent of this section to permit the submittal of subdivision applications for the whole planned development or for approved phases thereof. The form and content of applications and plans submitted for such integrated review shall be sufficient to satisfy requirements of the subdivision regulations as well as those of this article.

6.18.4. Planned Development-Housing (PD-H).

The following regulations and requirements apply to a planned development-housing (PD-H), defined for purposes of these regulations as a planned development primarily for dwellings and related uses and facilities.

(a)

Intent.

With respect to timing of development of particular PD-H, it is intended that in addition to other policies and limitations set forth in this appendix, consideration shall be given to general housing needs in the town as a whole and in the sub-community in which development is proposed, and the need for particular types of housing. In such consideration, due weight shall be given to availability of existing supply of housing types for which there is evident need in view of the age characteristics and economic characteristics of the population, and to the amount and types of potential housing being developed under issued special use permits and building permits.

(b)

Minimum land area.

Except as provided for in Section 6.18.1(f), the minimum gross land area required for a zoning lot containing a PD-H shall be two (2) acres in residential districts, one (1) acre in non-residential district.

(c)

Permitted uses.

Permitted principal and accessory uses of land or structures within a PD-H shall be as established in section 3.3 of this appendix.

(d)

Intensity regulations.

Except as otherwise provided in this appendix, the intensity regulations applicable within a PD-H shall be as established in section 3.8 for the zoning district in which such PD-H is located.

The setbacks of the underlying zoning district apply only to the perimeter of the planned development.

(e)

Design standards.

Except as otherwise provided in this appendix, the design standards applicable within a PD-H shall be as established in article 5, with the following additions;

(1)

Where a PD-H zoning lot adjoins land that is zoned residential and developed with lots of a size which limits their use to single-family detached residences, an appropriate transition between the PD-H and the adjoining single-family lots shall be provided. An appropriate transition shall consist of at least bufferyards and screening as required in section 5.6. In a PD-H with a gross land area of twenty-five (25) acres or more, only those land uses permitted by right in the zoning district of the PD-H zoning lot shall be permitted within one hundred (100) feet from the adjoining single-family dwelling lots.

(2)

Vehicular access to streets shall be limited and controlled as follows:

A.

If the street or portion thereof serves fifty (50) or fewer dwelling units, vehicular access from off-street parking and service areas may be directly to the street from the sites of individual dwelling units. Determination of number of dwelling units served shall be based on normal routes of traffic anticipated in the development; and

B.

Vehicular access to other streets or portions of streets from off-street parking and service areas shall be so combined, limited, located, designed, and controlled as to channel traffic from and to such areas conveniently, safely, and in a manner which minimizes marginal traffic friction and promotes free flow of traffic on streets without excessive interruption.

6.18.5. Planned Development-Shopping Center (PD-SC).

The following regulations and requirements apply to a planned development-shopping center (PD-SC), defined for purposes of these regulations as a planned development for neighborhood, PD-SC(N), or community, PD-SC(C) commercial activity centers.

(a)

Intent.

(1)

It is the intent of these regulations to provide for development of such commercial centers in scale with surrounding market areas, at locations in conformance with the comprehensive plan and thoroughfare plan, and in proximity to public transportation facilities, in accord with standards set forth herein, and to serve areas not already conveniently and adequately provided with commercial and service facilities of the kind proposed.

(2)

It is further the intent to permit the establishment of such planned developments only where planned centers with carefully related buildings, parking and service areas, and landscaped open space will serve clearly demonstrated public need, reduce marginal traffic friction below that which would result from strip commercial development, and protect property values in surrounding neighborhoods. It is further intended that a PD-SC shall provide a broad range of facilities and services appropriate to the general need of the area served to these ends:

A.

PD-SC(N): A planned development-shopping center (neighborhood) is intended to be built around a supermarket as the major use, and to provide for the sale of convenience goods, for provision of personal services, and for other frequent needs of a trade area with a population of two thousand (2,000) to ten thousand (10,000), within approximately five (5) to ten (10) minutes driving time; and

B.

PD-SC(C): A planned development-shopping center (community) is intended to be built around a department store or substantial variety store as the major tenant, in addition to a supermarket. Such centers normally serve a trade area population of ten thousand (10,000) to twenty-five thousand (25,000), within fifteen (15) to twenty (20) minute driving time.

(b)

Minimum land area.

Except as provided for subsection 6.18.1(f), the minimum gross land area required for a zoning lot containing a PD-SC shall be five (5) acres. The maximum gross land area permitted for a zoning lot containing a PD-SC(N) shall be fifteen (15) acres. There is no maximum limitation on the gross land area permitted within a zoning lot containing a PD-SC(C).

(c)

Permitted uses.

Permitted principal and accessory uses of land or structures within a PD-SC(N) or PD-SC(C) shall be established in section 3.7 of this appendix, provided that a PD-SC(C) contains a sufficient range of establishments to provide for the general needs of the trade area proposed to be served.

(d)

Intensity regulations.

(1)

Except as otherwise provided in this appendix, the intensity regulations applicable within a PD-SC shall be as established in section 3.8 for the zoning district in which such PD-SC is located.

(2)

The setbacks of the underlying zoning district apply only to the perimeter of the planned development.

(e)

Design standards.

Except as otherwise provided in this appendix, the design standards applicable within a PD-SC shall be as established in article 5 with the following additions:

(1)

No PD-SC shall be created except where public transportation or direct access to an arterial street is available, or is made available, at convenient locations at the edges of or within the planned development. Such public transportation shall be at a scale and of a character suited to the needs of occupants and visitors; and

(2)

Where a PD-SC adjoins any residential neighborhood, with or without an intervening street or alley, to the maximum extent reasonably practicable, nonresidential uses and signs shall be located or oriented away from the residential neighborhood.

6.18.6. Planned Development-Office and Institutional (PD-OI).

The following regulations and requirements apply to a planned development-office and institutional (PD-OI), defined for purposes of these regulations as a planned development for complementary groupings of office and institutional uses.

(a)

Intent.

It is the intent of these regulations to provide for development of such office and institutional centers at locations in conformance with the comprehensive plan and the thoroughfare plan, and in proximity to public transportation facilities, in accord with standards set forth herein.

It is further intended that PD-OI development shall be scaled, balanced, and located to reduce general traffic congestion and the need for private automobiles by providing employment close to principal places of residence, convenient pedestrian and bicycle circulation systems, and public transportation facilities.

Within such developments, it is intended that uses shall be arranged horizontally or vertically so that:

(1)

Major vehicular flows and other disquieting influences are so separated from residential areas as to protect privacy and tranquility; and

(2)

General service uses are concentrated for maximum pedestrian and bicycle convenience and located for easy accessibility by workers and visitors arriving by public transportation; and

(3)

Major office and institutional uses are so located as to be convenient to public transportation.

Where such developments adjoin residential neighborhoods, it is intended that arrangements of buildings, uses, open space, and vehicular access be such as to provide appropriate transition and reduce potential adverse effects.

(b)

Land area requirements.

Except as provided for subsection 6.18.1(f), the minimum gross land area required for a zoning lot containing a PD-OI shall be five (5) acres. There is no maximum limitation on the gross land area permitted within a zoning lot containing a PD-OI.

(c)

Permitted uses.

Permitted principal and accessory uses of land or structures within a PD-OI shall be as established in section 3.7 of this appendix.

(d)

Intensity regulations.

(1)

Except as otherwise provided in this appendix, the intensity regulations applicable within a PD-OI shall be as established in section 3.8 for the zoning district in which such PD-OI is located.

(2)

The setbacks of the underlying zoning district apply only to the perimeter of the planned development.

(e)

Design standards.

Except as otherwise provided in this appendix, the design standards applicable within a PD-OI shall be as established in article 5, with the following additions:

(1)

No PD-OI shall be created except where public transportation or direct access to an arterial street is available, or is made available, at convenient locations at the edges of or within the planned development. Such public transportation shall be at a scale and of a character suited to the needs of occupants and visitors; and

(2)

Where a PD-OI adjoins any residential neighborhood, with or without an intervening street or alley, to the maximum extent reasonably practicable, nonresidential uses and signs shall be located or oriented away from the residential neighborhood.

6.18.7. Planned Development-Mixed Use (PD-MU).

The following regulations and requirements apply to a planned development-mixed use (PD-MU), defined for purposes of these regulations as a planned development for complementary groupings of residential, commercial, and office uses.

(a)

Intent.

It is the intent of these regulations to provide for development of such mixed uses at locations appropriate in terms of the comprehensive plan and the thoroughfare plan, and in proximity to public transportation facilities, in accord with standards set forth herein.

It is further intended that PD-MU development shall be in complexes within which mutually supporting residential, commercial, and office uses are scaled, balanced, and located to reduce general traffic congestion and the need for private automobiles by providing housing close to principal destinations, convenient pedestrian circulation systems, and public transportation devices.

Within such developments, it is intended that uses shall be arranged horizontally or vertically so that:

(1)

Residential uses are so separated from major vehicular traffic flows and other disquieting influences as to protect privacy and tranquility;

(2)

General commercial and service uses are concentrated for maximum pedestrian and bicycle convenience, and located for easy accessibility by residents of the development, workers within the development, and visitors arriving public transportation, and that commercial frontage is uninterrupted by residential or office uses; and

(3)

Major office uses are so located as to be convenient to public transportation.

Where such developments adjoin residential neighborhoods, it is intended that arrangement of buildings, uses, open space, and vehicular access be such as to provide appropriate transition and reduce potential adverse effects.

(b)

Land area requirements.

Except as provided for subsection 6.18.1(f), the minimum gross land area required for a zoning lot containing a PD-MU shall be five (5) acres. There is no maximum limitation on the gross land area permitted within a zoning lot containing a PD-MU.

(c)

Permitted and required uses.

Permitted principal and accessory uses of land or structures within a PD-MU shall be as established in section 3.7 of this appendix. Residential use of at least twenty-five (25) percent of the floor area shall be required. (Ord. No. 2004-02-23/O-2)

(d)

Intensity regulations.

(1)

Except as otherwise provided in this appendix, the intensity regulations applicable within a PD-MU shall be as established in section 3.8 for the zoning district in which such PD-MU is located.

(2)

The setbacks of the underlying zoning district apply only to the perimeter of the planned development.

(e)

Design standards. Except as otherwise provided in this appendix, the design standards applicable within a PD-MU shall be established in article 5, with the following additions:

(1)

No PD-MU shall be created except where public transportation or direct access to an arterial street is available, or is made available, at convenient locations at the edges of or within the planned development. Such public transportation shall be at a scale and of a character suited to the needs of occupants and visitors;

(2)

Where a PD-MU adjoins any residential neighborhood, with or without an intervening street or alley, to the maximum extent reasonably practicable, residential uses within the PD-MU district shall be located adjacent to the residential neighborhood, and nonresidential uses and signs shall be located or oriented away from the residential neighborhood; and

(3)

Relationship of uses shall be such that major commercial and service establishments are grouped for maximum pedestrian and bicycle convenience along frontages uninterrupted by residential or general office occupancies. Residential or general office uses may either be in separate areas within the development, or may be separated vertically from commercial and service concourses.

6.18.8. Planned Development-Industrial (PD-I).

The following regulations and requirements apply to a planned development-industrial (PD-I), defined for purposes of these regulations as a planned development for complementary groupings of industrial uses.

(a)

Intent. It is the intent of these regulations to provide development of such industrial centers at locations in conformance with the comprehensive plan and the thoroughfare plan, and in proximity to public transportation facilities, in accord with standards set forth herein.

It is further intended that PD-I development shall be scaled, balanced, and located to reduce general traffic congestion and the need for private automobiles by providing employment close to principal places of residence, convenient pedestrian and bicycle circulation systems, and public transportation facilities.

Within such development, it is intended that uses shall be arranged horizontally or vertically so that:

(1)

Major vehicular flows and other disquieting influences are so separated from residential areas to protect privacy and tranquility; and

(2)

General industrial uses are concentrated for maximum pedestrian and bicycle convenience and located for easy accessibility by workers arriving by public transportation.

Where such developments adjoin residential neighborhoods, it is intended that arrangement of buildings, uses, open space, and vehicular access be such as to provide appropriate transition and reduce potentially adverse effects.

(b)

Land area requirements. Except as provided for subsection 6.18.1(f), the minimum gross land area required for a zoning lot containing a PD-I shall be five (5) acres. There is no maximum limitation on the gross land area permitted within a zoning lot containing a PD-I.

(c)

Permitted uses. Permitted principal and accessory uses of land or structures within a PD-I shall be as established in section 3.7 of this appendix.

(d)

Intensity regulations. Except as otherwise provided in this appendix, the intensity regulations applicable with a PD-I shall be as established in section 3.8 for the zoning district in which such PD-I is located.

The minimum street setback required for any structure, or part thereof, shall be fifty (50) feet. The minimum interior setback required for any structure, or part thereof, shall be twenty-five (25) feet.

(e)

Design standards. Except as otherwise provided in this appendix, the design standards applicable within a PD-I shall be established in article 5, with the following additions:

(1)

No PD-I shall be created except where public transportation or direct access to an arterial street is available, or is made available, at convenient locations at the edges of or within the planned development. Such public transportation shall be at a scale and of a character suited to the needs of workers within the development;

(2)

Where a PD-I adjoins any residential neighborhood, with or without an intervening street or alley, to the maximum extent reasonably practicable, nonresidential uses and signs shall be located or oriented away from the residential neighborhood.

(Ord. No. 2013-10-28/O-3, § 1)

6.19.1 Single-Family Dwelling Unit with Accessory Apartment. The following standards shall apply to the development of accessory apartments:

(a)

An accessory apartment shall be located on the same lot as the single-family dwelling to which it is an accessory use.

(b)

Size: An accessory apartment shall have a floor area limit of:

(1)

No more than seventy-five (75) percent of the floor area of the primary structure when the primary structure is less than or equal to 1,300 square feet; and

(2)

No more than one thousand (1,000) square feet when the primary structure is greater than one thousand three hundred (1,300) square feet; or

(3)

The planning director may grant an exception to the maximum floor area when the accessory apartment is:

A.

Within an existing structure and does not increase the existing footprint of the structure (principal dwelling unit, garage, or other existing, standalone structure on the property).

B.

The accessory apartment is contained with one (1) floor, with the exception of any necessary access points.

C.

The accessory apartment does not exceed one-third the floor area of the primary dwelling unit.

(c)

Height: The maximum height of a detached accessory structure in R-zoning districts shall be twenty-nine (29) feet or the height of the primary structure, whichever is less.

(d)

Only one accessory apartment per single-family lot is permitted.

(e)

Together, the principal dwelling unit and the accessory apartment shall be classified as a rooming house (a different use type and group) if occupied by more than four (4) persons who are not related by blood, adoption, marriage, or domestic partnership.

6.19.2 Single-Family Dwelling Unit with Cottage.

The following dimensional standards shall apply to the development of single-family dwelling unit with cottage:

No more than one (1) cottage per lot or per townhouse development is permitted.

Maximum dimensions of the single-family dwelling shall be per underlying zoning.

6.19.3 Two-Family Dwelling Units, Attached and Detached.

The following dimensional standards shall apply to the development:

6.19.4 Additional Requirements.

(a)

Driveway Design. Where feasible, driveways shall be shared with a recorded shared access easement for any pair of townhouse lots.

(b)

Designation on Plat. Townhouse developments containing a single-family dwelling with cottage shall specify the housing type and associated limitations.

(c)

Existing Buildings. Property owners are encouraged to utilize existing structures over demolishing existing structures.

(d)

Utilities. Two-family developments shall meet the requirements of section 5.12 Utilities.

(e)

Neighborhood Conservation Districts. Two-family developments shall not be permitted in any neighborhood conservation districts that do not otherwise permit single-family with accessory apartment or duplexes.

(Ord. No. 2004-02-23/O-2; Ord. No. 2005-05-09/O-2, § 1; Ord. No. 2016-03-21/O-2, § 5; Ord. No. 2023-06-21/O-6, § 19)

Permitting:

(a)

Vendor must obtain annual zoning compliance permit for the vending use of the vehicle on particular properties and an annual privilege license from the town. The permit applications must include the property owners' signatures. Fees for these permits shall be as established in the town's yearly fee schedule.

(b)

Owners of the zoning lots must apply for a zoning compliance permit to allow food vending as an accessory use.

(c)

Zoning compliance permit, privilege license, and county health permit must be displayed during the food truck's hours of operation.

(d)

The zoning permit(s) issued for the food truck vending (the annual permit held by the vendor and/or the permit held by the owner of the zoning lot) may be revoked not only for the reasons specified in section 6.20 but also if the town manager determines that the mobile prepared food vendor's operations are causing parking, traffic congestion, or litter problems either on or off the property where the use is located or that such use is otherwise creating a danger to the public health or safety.

(e)

The town manager reserves the right to temporarily suspend food truck permits during times of special events in the downtown area.

Lighting:

(a)

If the food truck is proposed to operate after dark, the food truck vendor shall provide a lighting plan which meets the lighting standards in section 5.11.

(Ord. No. 2012-01-30/O-2, § 3)

(a)

The zoning lot on which an independent senior living facility is located shall have access onto an arterial or collector street in any residential zoning district.

(b)

Periodic health and fitness services are permitted in an independent senior living facility when provided by a third party pursuant to a written schedule and contract with the management of the facility. Permitted services include the provision of flu and other vaccinations, blood pressure testing, blood donation drives, and similar public health service activity.

(c)

For independent senior living facilities in the Residential-4 (R-4), Residential-5 (R-5), or Residential-6 (R-6) zoning districts, where the minimum lot size is one (1) acre or more in gross land area, the maximum density and maximum floor area ratio limits in section 3.8 may be doubled.

(d)

Where an independent senior living facility develops at a higher maximum density ratio or a higher floor area ratio than the underlying zoning district, as permitted by (c) above, the minimum setback and maximum setback height limitations of the lowest adjacent zoning district shall be applied.

(Ord. No. 2016-03-21/O-3, § 4)

The following uses are permitted under prescribed standards within an LI-CZD. In approving a conditional rezoning, the town council 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.

a)

Maintenance and/or storage facility.

1)

Any areas used for outdoor storage shall be on an all-weather surface that drains to a stormwater management control.

2)

Outdoor storage shall be screened in accordance with section 5.6.7 from internal and external streets.

3)

In no case shall any personal or private property that is unrelated to and/or not required by an onsite use or activity be stored for any period of time outside of an enclosed building.

b)

Self-storage facility, conditioned.

1)

Individual storage units or spaces within conditioned self-storage facilities, may not be located on the ground floor of a building; however, provided that building accesses, office space, lobby areas, and related building features may be located on the ground floor.

2)

Conditioned self-storage facilities may not make up more than ½ of the floor area of each building on the zoning lot.

3)

In no case shall any storage of any materials, goods, or property associated with a conditioned self-storage facility occur outdoors.

c)

Supply yard.

1)

Any areas used for outdoor storage shall be on an all-weather surface that drains to a stormwater management control.

2)

Outdoor storage shall be screened in accordance with section 5.6.7 from internal and external streets.

3)

In no case shall any personal or private property that is unrelated to and/or not required by an onsite use or activity be stored for any period of time outside of an enclosed building.

(Ord. No. 2017-04-05/O-7, § 17)

This section establishes standards, outside of the LI-CZD, so that self-storage facility, conditioned, may be appropriately sited in commercial and/or office-institutional zones, while maintaining the desired character and function of those zones, since their use and low activity level do not add vitality and interest to an area. Self-storage facilities, conditioned, spaces should be designed with the exterior appearance of an office building or commercial building as well as be designed to be compatible with the surrounding development and the desired character of the district. The following standards shall be applied:

1.

Self-storage facilities, conditioned, zoning lots shall have a floor area ratio of 0.290.

2.

Self-storage facilities, conditioned, shall not be permitted on property located at an intersection with any arterial street. This extends to include properties one hundred (100) feet from the center point of an intersection.

3.

The maximum building frontage for a self-storage facility, conditioned, on a public right-of-way shall be one hundred (100) linear feet.

4.

Self-storage facilities, conditioned, shall not be the principal use on a zoning lot, but shall be on the same zoning lot as other office, commercial, and/or institutional uses permitted in the zoning district.

5.

Self-storage facilities, Conditioned, shall have a street setback of a minimum of two hundred (200) feet from the public right-of-way.

6.

All access to the individual storage units shall be through the interior of the building only.

7.

Overhead doors, loading bay doors, and/or garage type doors shall not face residentially zoned parcels nor be permitted on the front face of the building. The town council may grant an exception to this standard if the applicant demonstrates that, due to the unusual shape or topography of the lot or an adjoining lot, or due to the location or design of existing structures, the nature of the proposed use, or other similar features, the application of this standard would be unreasonable. If such an exception is granted, loading docks, entrances, zones or bays shall be screened with a fifty (50) foot Type D evergreen buffer.

8.

The only activities permitted in individual storage units shall be the rental of the unit and the pickup and deposit of goods and/or property in storage. Storage units shall not be used for activities such as, but not limited to:

a.

Residences, offices, workshops, studios, the pursuit of hobbies, and/or rehearsal areas.

b.

Manufacturing, fabrication, or process of goods; service or repair of vehicles, engines, lawnmowers, boats, trailers, appliances, or other electrical/miscellaneous equipment; or any other industrial and/or commercial activity.

c.

Conducting garage or estate sales. This prohibition does not preclude the auctions or sales for the disposition of abandoned or unclaimed property from the self-storage facility, conditioned.

d.

Storage of flammable, perishable, or hazardous materials.

e.

The keeping of animals.

9.

All storage shall be within a completely enclosed building. The outdoor storage of inventory, materials, vehicles, trailers, recreational vehicles, or merchandise is prohibited. There shall be no outdoor storage or usage of storage pods or shipping containers.

10.

No customers may store trucks, trailers, or vehicles of any kind on the site. The storage business may park up to two (2) trucks (pick-up or box) for employees and customer use. These trucks shall be parked behind the building.

11.

Electrical service to the storage units shall be for lighting and climate control only. No electrical outlets shall be permitted inside individual storage units. Lighting fixtures and switches shall be of a secure design that shall not allow tapping the fixtures for other purposes.

12.

Outdoor display of merchandise or goods of any kind is prohibited.

13.

Truck and/or trailer rental operations are prohibited.

14.

Night lighting and security lighting shall be designed to ensure no off-site glare is directed to neighboring parcels. All night and security lighting shall be shielded to direct light onto the site and away from adjacent property. Lighting, interior and exterior, for portions of the building that face residentially zoned or used property shall be motion activated only.

15.

"Crown signs" are prohibited. Signs, interior or exterior, shall not face residentially zoned or used parcels.

16.

Fences and walls shall be compatible with the design and materials of the building and the site. Decorative metal or wrought iron fences are preferred. Chain-link (or similar) fences, barbed or razor wire fences, and walls made of precast concrete blocks are prohibited.

17.

Self-storage facilities, conditioned, shall:

a.

Be permitted only within multistory buildings with an architecturally prominent entry and lobby;

b.

Have at least forty (40) percent of the principle façade above the ground floor composed of exterior wall openings filled with actual windows or designed to have the external appearance of windows;

c.

All windows shall have a minimum of seventy (70) percent visible light transmission;

d.

Not be constructed of smooth-faced concrete block, painted masonry, precast concrete panels, and prefabricated metal sheets;

e.

Be surfaced with high quality materials such as, but not limited to, stone, split face block, and/or brick;

f.

Include a change in wall plane, a recess, or reveal every fifty-five (55) feet on the principle façade when the building is greater than sixty (60) feet in length; and,

g.

Include architectural features that add depth, details, and convey visual interest to prevent a utilitarian, warehouse-like appearance.

(Ord. No. 2018-11-28/O-1, § 4)

A Major Home Occupation shall adhere to the following standards:

1.

Permit Required. A Zoning Compliance Permit shall be required in order to operate a major home occupation.

2.

Business as Accessory Use.

a.

The business shall be clearly incidental and subordinate to the residential use of the property.

b.

No more than 50% of the heated square footage of the home shall be used for business purposes. This calculation does not include accessory structures in the total square footage calculation for the home.

3.

Prohibitions.

a.

The on-premises sale and delivery of goods which are not produced on the premises is prohibited, except in the case of the delivery and sale of goods incidental to the provision of a service.

4.

Mitigation of Impacts. In order to minimize impacts in the form of noise, vibration, dust, odor, light, or glare on neighboring properties, a Major Home Occupation shall adhere to the following standards:

a.

General Operations. Major home occupations shall:

1.

Have no more than six non-resident employees

b.

Location of Business Activities. Major home occupations shall:

1.

Locate all business activities a minimum of 40 feet from all lot lines

2.

Locate all noise, dust, vibration, odor, light, and glare-producing activities, regardless of time of day, either:

a.

A minimum of 60 feet from all lot lines; or

b.

In a completely enclosed indoor area

3.

In the HR-L, HR-M, and HR-X zoning districts, Major home occupations shall be subject to the noise control standards in the Chapel Hill Town Code, as it may from time to time be amended.

c.

Screening and Buffering. Major home occupations shall screen any outdoor storage of materials, supplies, products, or machinery (excluding functional vehicles associated with the business) using a Type "C" buffer as described in the Town of Chapel Hill Public Works Engineering Design Manual or a fully opaque fence or wall of a minimum height of 6 feet;

d.

Vehicles and Traffic Generation. Major home occupations shall:

1.

Provide off-street parking for all business-associated vehicles, including business-owned, fleet, employee, and visitor vehicles;

2.

Have no more than three business-associated vehicles, including business-owned, fleet, employee, and visitor vehicles, parked in such a location as to be visible from a roadway or adjacent lot;

3.

Fully screen parking areas for any business-associated vehicles, including business-owned, fleet, employee, and visitor vehicles, beyond the three allowed in (2) above, using a Type "C" buffer as described in the Town of Chapel Hill Public Works Engineering Design Manual or a fully opaque fence or wall of a minimum height of 6 feet;

4.

Be limited to vehicles allowed under a Class C license; and

5.

Produce a maximum of 50 trips per day to or from the business.

e.

Hours of Operation. Major home occupations shall cease any activity that results in noise, vibration, dust, odor, light, or glare between the hours of 6 PM and 8 AM.

f.

Events. Events that are conducted in connection with the home occupation and that exceed the number of permitted daily trips, vehicles, or traffic generation are limited to one per year.

(Ord. No. 2019-05-22/O-2, § 10)

1.

The work space of a live-work dwelling unit shall meet the standards of the commercial building code, while the dwelling portion shall meet residential standards. Applicants interested in establishing live-work dwelling units are advised to consult with town inspections staff on properly combining the two sets of standards.

2.

Live-work dwelling units may be constructed as standalone buildings, or as a series of attached units.

3.

The separation between living and working space, as well as the separation between units in a multi-unit structure, shall meet Fire Code requirements.

4.

A live-work dwelling is distinguished from a home occupation by the fact that a live-work building is designed, inspected, and intended from the application phase to host two different uses, residential and employment, and is not expected to revert to a purely residential use. In a live-work dwelling unit, the residential and employment uses are equally considered principal uses of the space. A home occupation, by contrast, is often established after a residential structure is proposed, permitted, and built, and may at any time revert to a purely residential use. In the case of a home occupation, the business use is clearly incidental to, or accessory to, the residential use.

(Ord. No. 2019-05-22/O-2, § 10)

6.26.1. Special Requirements in the HR-L and HR-M Subdistricts.

Three-family projects in the HR-L and HR-M Subdistricts shall only be permitted from nonprofit tax exempt organizations involving permanent residential development in which annual documentation is provided that one hundred (100) percent of the dwelling units will be occupied by low-moderate income households (less than eighty (80) percent of area median income by households size as defined by the Department of Housing and Urban Development) in perpetuity.

6.26.2 Other Development Standards:

(a)

Parking & Driveway Standards

(1)

Driveways shall be located at least two and one-half (2.5) feet from the side and rear lot lines, unless a shared driveway is provided between two (2) adjoining properties.

(2)

Surface parking lots shall be located to the rear or side of the dwelling(s).

(3)

The separation between detached dwelling units shall meet Fire Code requirements.

(b)

Existing Buildings. Property owners are encouraged to utilize existing structures over demolishing existing structures.

(c)

Connectivity. New three- and four-family dwelling units shall enhance existing transportation networks by:

(1)

Constructing sidewalks that connect to the adjacent sidewalk system

(2)

Continuing bike lanes, greenways, and other multi-modal paths along the frontage of the property.

(3)

Utilities. Three- and four-family dwelling units shall meet the requirements of section 5.12 Utilities.

(Ord. No. 2019-05-22/O-2, § 10; Ord. No. 2023-06-21/O-6, § 20)

6.27.1 Applicability. Unless otherwise specified, the requirements and provisions of this section shall apply to primary residence short-term rentals and dedicated short-term rentals (collectively called "short-term rentals" or "STRs"). This section shall not apply to other types of lodging uses, such as hotels, motels, tourist homes, or rooming houses.

Except as provided in this section, nothing herein shall be construed to prohibit, limit, or otherwise supersede existing local authority to regulate the short-term rental of property through general land use and zoning authority.

6.27.2 Purpose and Intent. The purpose of this ordinance is to establish general requirements for the operation of short-term rentals. The purposes and intent of this ordinance are to:

(a)

Promote the health, safety, and general welfare of the public by establishing minimum operational standards for the use of residential dwelling units as primary residence and dedicated short-term rentals.

(b)

Preserve the character and stability of the historic districts immediately surrounding the downtown and campus areas around the University.

(c)

Maintain the economic stability and neighborhood character of low-density residential zoning districts.

(d)

Maintain housing opportunities for full-time residents by preventing the conversion of residential units into dedicated short-term rentals.

(e)

Reduce nuisances to full-time residents by prohibiting dedicated short-term rentals in residential neighborhoods and the historic districts.

(f)

Provide opportunities for the operation of dedicated short-term rentals in mixed-use and commercial zoning districts where there is greater availability of public services and access to major activity centers supporting tourists.

6.27.3 Definitions. For the purpose of this Section 6.27, the following are defined terms:

Primary residence: A dwelling unit, a single-family dwelling unit with accessory apartment, or a dwelling unit with an attached duplex unit owned by the same property owner, in which the host resides a majority of the year (183 days per year or 50 percent or more of the time).

Short-term rental (STR): the rental of a dwelling unit that is rented in whole or in part for fewer than thirty (30) consecutive days for a fee or other valuable consideration, or a lodging unit contained in a building that primarily contains dwelling units. A building that contains more lodging units than dwelling units, and at least three (3) lodging units, shall be considered a Tourist Home or Hotel or motel as defined in Appendix A.

Short-term rental (STR), dedicated: A residential dwelling unit(s) located on a property not used as a primary residence in which the dwelling unit is rented in whole or in part for fewer than thirty (30) consecutive days for a fee or other valuable consideration, or a lodging unit contained in a building that primarily contains dwelling units.

Short-term rental (STR), host: see definition for STR operator.

Short-term rental (STR) hosting platform: A public platform that allows an operator to advertise a residential dwelling unit for use as a short-term rental and facilitates the booking transaction between the operator and the guest.

STR Designated Local Responsible Party: The local contact responsible for responding to emergency complaints or issues stemming from the use of the dwelling unit as a short-term rental.

Short-term rental (STR) operator: A property owner or authorized agent advertising, managing, and/or facilitating the use of the property as a primary residence STR or dedicated STR.

Short-term rental (STR), primary residence: A primary residence rented in whole or in part for fewer than thirty (30) consecutive days for a fee or other valuable consideration.

Short-term rental (STR) property owner: The owner of record of the short-term rental property as recorded in the Orange County Register of Deeds. The property owner maybe an individual or individuals or any form of business entity recognized by the State of North Carolina. If the property owner is a form of business entity, it shall maintain current registration with the North Carolina Secretary of State.

Short-term rental (STR) permit: The zoning compliance permit issued by the town to property owners or designated agents to certify that a residential dwelling unit or accessory structure may be used as a primary residence STR or dedicated STR.

6.27.4 Permitting.

(a)

A short-term rental (STR) permit shall be assigned to each residential dwelling unit that satisfies the requirements of this section and is used as a primary residence STR or dedicated STR for more than fourteen (14) days per calendar year. A permit number shall be assigned to each STR, and the permit number shall be clearly noted in any rental advertisements.

(b)

STR permits shall be renewed annually before the expiration date. Failure to timely renew may result in expiration of the STR permit. The Town Manager may consider a grace period.

(c)

No more than two (2) units or three percent (3%) of units, whichever is greater, in a multifamily development shall be used as a Dedicated STR. For the purposes of this section, "multifamily development" is defined as a residential development consisting of a building or group of buildings containing three (3) or more dwelling units on one zoning lot.

(d)

Grounds for denial. The town manager may deny an application for a short-term rental (STR) permit if any of the following has occurred:

(1)

The applicant submits an incomplete application; or

(2)

The proposed short-term rental fails to meet a specified standard set forth in this appendix.

The applicant may appeal the denial of a short-term rental permit to the board of adjustment pursuant to the requirement set forth in the Chapel Hill Land Use Management Ordinance 4.10.

6.27.5 Operational Requirements.

(a)

Rentals.

(1)

Operators of dedicated STRs consisting of residences with an accessory apartment may, at any given time, offer for short-term rental either the single-family dwelling unit or the accessory apartment, or both units. The simultaneous rental of both the single-family dwelling unit and the accessory apartment to more than one party under separate contracts is prohibited. The units may, however, be rented out together to one party under a single contract.

(2)

Operators of primary residence STRs consisting of single-family residences with an accessory apartment or a duplex unit on the same lot may rent the single-family dwelling unit, the accessory apartment, or one dwelling unit in the duplex as a short-term rental. The simultaneous rental of more than one dwelling unit on the zoning lot to more than one party under separate contracts is permitted only when the STR operator is onsite.

(b)

Maximum Overnight Occupancy. The overnight occupancy shall not exceed two (2) persons per bedroom plus two (2) additional persons, excluding children under twelve (12) years of age. The occupancy limit shall be posted prominently within the short-term rental and be included in property listings on hosting platforms.

(c)

STR Designated Local Responsible Party. Operators shall designate a short-term rental local responsible party available to respond within two (2) hours to handle emergency situations stemming from the short-term rental use. The responsible party shall be available 24 hours per day and seven (7) days a week during all times the property is under rental. The name, telephone number, and email address of the designee shall be conspicuously posted within the short-term rental and match the name, telephone number, and email address provided in the short-term rental permit. The designee may be the property owner. A designee's repeated failure to timely respond to renter issues, resident concerns, or town initiated communications may result in revocation of the STR permit.

(d)

Noise. The noise regulations set forth in Chapter 11, Article III of the Code of Ordinances shall apply to short-term rentals. Among other requirements, Article III regulates nuisance noises and makes it unlawful to create, cause, or allow the continuance of any unreasonably loud noise, particularly during nighttime, which interferes seriously with neighboring residents' reasonable use of their properties.

(e)

Parking. One parking space per bedroom plus one parking space should be provided for each STR. Each STR is further subject to the parking regulations in LUMO Section 5.9.

(f)

Special Events. STR operators are responsible for securing the necessary permits for any special events that may impact nearby residents or businesses.

(g)

Signs. Signs on the property advertising it as the location of a short-term rental are prohibited.

(h)

Taxes. Short-term rental operators are responsible for paying the state sales tax, personal property taxes, the transient occupancy tax and any other applicable taxes and fees as established by law.

(i)

Minimum Rental Age. An STR operator shall ensure that the primary responsible renter of a short-term rental shall be at least eighteen (18) years old.

(j)

Minimum Rental Duration. The operator shall not make the short-term rental available for a period of less than eighteen (18) hours, which period shall include the overnight hours.

6.27.6. Enforcement.

(a)

Enforcement. The procedures for the enforcement of this ordinance are set forth in LUMO Section 4.13 Violations and penalties.

(b)

Penalties and Remedies for Violations. The penalties and remedies for violations of this ordinance are set forth in LUMO Section 4.13 Violation and penalties.

(c)

Permit Revocations. The town manager may revoke a STR permit if he/she determines the conditions are being violated as outlined in LUMO Section 4.9.5.

(d)

Operating Without a Permit. Any person who operates a short-term rental property without a valid STR permit shall be in violation of LUMO Section 4.9.8.

(e)

Expiration of Short-Term Rental (STR) Permit. Approval of the STR permit shall expire upon failure to comply with the annual renewal requirement in section 6.27.4.

(f)

Action for Recovery of Civil Penalty. If payment of a civil penalty is not made or if violations are not cured or corrected within the time specified in the citation or within thirty (30) days of the conclusion of an appeal, the town may initiate a civil action in the nature of a debt. The manager is authorized to reach equitable settlement of unpaid penalties.

6.27.8 Existing short-term rentals.

(a)

Any short-term rental existing at the time of the adoption of this ordinance ("existing STR") is subject to the requirements of sections 3.7, 4.9.8, 6.27, and all other relevant requirements of the LUMO.

(b)

Any existing STR that is not a permitted use under section 3.7 shall nevertheless be allowed to continue operating as a short-term rental for eighteen months after the effective date of this ordinance, provided its continued operation on or after December 23, 2022, shall be in violation of the LUMO.

(Ord. No. 2021-06-23/O-9, § 3)