In considering proposed amendments to the text of this appendix or to the zoning atlas, the town council acts in its legislative capacity and shall observe the procedural requirements set forth in article 4, sections 4.2 and 4.4 of this appendix.

In considering special use permit applications, the council acts in a quasi-judicial capacity and, accordingly, shall observe the procedural requirements set forth in section 4.5 of this appendix.

Unless otherwise specifically provided in this appendix, the council, in acting upon special use permit and site plan review applications or in considering amendments to this appendix or the zoning atlas, shall observe the quorum, voting, and other requirements set forth in the Town Code of Ordinances.

8.2.1. Establishment of the commission; Charge; Qualifications.

A planning commission, consisting of seven (7) member positions, is hereby established. The charge of the commission is to assist the council in achieving the town's comprehensive plan for orderly growth and development by analyzing, evaluating and recommending responsible town policies, ordinances and planning standards that manage land use and involving the community in long-range planning. Members shall be appointed in accordance with the council's advisory board membership policy and shall include one (1) extraterritorial planning jurisdiction (ETJ) resident and one (1) additional representative from the joint planning area or the extraterritorial jurisdiction as outlined in the joint planning agreement. Members shall serve without compensation, but may be reimbursed for actual expenses incidental to the performance of their duties within the limit of funds available to the board.

8.2.2. Tenure.

Members of the commission shall be appointed in accordance with the council's advisory board membership policy.

8.2.3. Officers.

Officers and terms of officers shall be in accordance with the council's advisory board membership policy.

8.2.4. Powers of the commission.

The planning commission shall have the following powers and duties:

(a)

To develop a Comprehensive Plan for the orderly growth and development of Chapel Hill and its environs. Such plan shall set forth goals, objectives, and policies designed to manage the quantity, type, cost, location, timing, and quality of development and redevelopment in the Chapel Hill community;

(b)

To seek to coordinate the activities of individuals and public or private agencies and organizations whose plans, activities, and programs bear on the general development of the community;

(c)

To undertake, on its own or in collaboration with any other board, commission, agency, society, or organization, any programs of information, research, or analysis relating to any matters under its purview;

(d)

To cooperate with other commissions, boards, or agencies of the town or other governmental unit in offering or requesting assistance, guidance, or advice concerning matters under the board's purview or of mutual interest;

(e)

To make studies of the general development characteristics and problems of the community, including surveys and inventories of an appropriate nature, and to recommend standards and policies of development for the entire community or any portion or neighborhood thereof, or any project to be undertaken therein;

(f)

To request from the proper officials of any public agency or body its plans for public buildings, facilities, or projects to be located within the town's jurisdiction, and to review such plans as to conformity with the Comprehensive Plan to make recommendations regarding such plans to the appropriate agency or body, or to the council. The board shall review all such plans in a prompt and expeditious manner, and shall make all recommendations with regard to any public project in writing, and shall promptly transmit copies of the recommendation to the appropriate agency or body, and to the council;

(g)

To formulate and recommend to the council the adoption or amendment of ordinances that, in the opinion of the board will serve to promote the orderly development of the community in accord with the Comprehensive Plan;

(h)

To direct the attention of appropriate town officials to needed enforcement of any ordinance that may affect the general development of the community;

(i)

To enter, at reasonable times, upon private lands and make examinations or surveys as necessary for the performance of its official duties;

(j)

To promote public interest in an understanding of its recommendations, studies, and plans, and to prepare, publish, and distribute to the public such studies and reports that, in the opinion of the board, will promote the orderly development of the community in accord with the Comprehensive Plan;

(k)

To request the council to hold administrative, legislative, or evidentiary hearings on matters within the purview of the commission;

(l)

To conduct public meetings, giving reasonable notice to the public thereof;

(m)

To review and make recommendations to the council on proposed plats of land subdivision, applications for conditional zoning districts, and proposed amendments to Land Use Management Ordinance;

(n)

To review site plans for conformity with land development regulations, in accord with section 4.7 of this appendix;

(o)

To review minor subdivision for conformity with land development regulations in accord with subsection 4.6.4;

(p)

To review concept plans, and offer recommendations to the applicant, in accord with section 4.3.

(q)

To recommend to the council suitable arrangement for the procurement or provision of staff or technical services for the commission;

(r)

To establish an advisory council or other committees within its membership as it may deem necessary;

(s)

To accept funds from private agencies, foundations, organizations, individuals, the state or federal government, or any other source, and to disburse such funds for any purpose within the scope of its authority; and

(t)

To exercise such other powers and to perform such other duties as are authorized or required elsewhere in this appendix, the N.C. General Statutes, or by the council.

8.2.5. Meetings.

The commission shall establish a regular meeting schedule, and shall meet at least monthly and more often as it shall determine and require. All meetings of the board shall be open to the public, and reasonable notice of the time and place thereof shall be given to the public, in accord with Chapter 143, Article 33C of the N.C. General Statutes. The commission shall keep a record of its meetings, including attendance of its members, its resolutions, findings, recommendations, and actions. In the case of a divided vote on any question on which the board is required to act, the record shall include the vote of each member.

8.2.6. Attendance at meetings.

Attendance at meetings shall be in accordance with the council's advisory board membership policy.

8.2.7. Quorum and Voting.

A quorum of the commission, necessary to take any official [action], shall consist of a majority of total member positions.

The concurring vote of a majority of the members of the commission shall be necessary to take any official action to approve or deny an application or permit. Vacant positions on the commission and members who are disqualified from voting shall not be considered members of the commission for the calculation of the requisite majority for voting purposes.

The concurring majority vote of the quorum shall be necessary to conduct other business, including making a recommendation on an application to be considered by the council.

(Ord. No. 2007-06-27/O-9, § 1; Ord. No. 2014-03-10/O-2, §§ 1, 3; Ord. No. 2015-11-09/O-1, § 1; Ord. No. 2017-01-18/O-2; Ord. No. 2018-06-27/O-4, § 1; Ord. No. 2021-05-19/O-1, § 105; Ord. No. 2023-11-29/O-5, § 10; Ord. No. 2025-06-11/O-8, §§ 1, 2)

8.3.1. Establishment of the Board; Qualifications.

A board of adjustment, consisting of seven (7) member positions, is hereby established. Members shall be appointed in accordance with the council's advisory board membership policy and shall include one (1) member, appointed by the Orange County Board of Commissioners, residing within the town's extraterritorial zoning jurisdiction and one (1) additional representative from the joint planning area or the extraterritorial jurisdiction as outlined in the joint planning agreement. There shall be three (3) alternate member positions. Alternate members shall be appointed in accordance with the council's advisory board membership policy and shall include one (1) alternate member, appointed by the Orange County Board of Commissioners, residing within the town's extraterritorial zoning jurisdiction or the joint planning area. Alternate members shall sit as regular members on any matter arising from their respective extraterritorial or transition areas and may sit as regular members on any matter in the absence of the regular member. The council may provide for the appointment of such additional number of alternate members as it may in its discretion deem appropriate. Members shall serve without compensation.

The council or county board of commissioners, as appropriate, may appoint alternate members to serve on the board in the absence of any appointed members. Alternate members shall be appointed for the same term, at the same time, and in the same manner as regular members. Each alternate member, while attending any regular or special meeting of the board and serving in the absence of any regular member, shall have and may exercise all the powers and duties of a regular member.

8.3.2. Tenure.

Members of the board shall be appointed in accordance with the council's advisory board membership policy.

8.3.3. Officers.

Officers and terms of officers shall be in accordance with the council's advisory board membership policy. The chair or any member temporarily acting as chair is authorized to administer oaths to any witnesses in any matter coming before the board.

8.3.4. Powers of the Board.

The board of adjustment shall have the following powers:

(a)

To hear and decide appeals from any decision made by the town manager in the performance of his or her duties in the enforcement of this appendix:

(b)

To hear and decide appeals from any decision of the planning commission, historic district commission, or community design commission;

(c)

To hear and decide requests for variances from the dimensional regulations of this appendix, in accord with section 4.12 of this appendix;

(d)

To hear and decide minor special use permits;

(e)

To make determinations of the zoning atlas, including disputed questions about zoning district boundary lines or lot lines, and similar questions as required by the appendix, and as they arise in the administration of this appendix;

(f)

To enter, at reasonable times, upon private lands and make examinations or surveys as necessary for the performance of its official duties;

(g)

To request the council to hold public hearings on matters within the purview of the board; and

(h)

To hear and decide any other matter as required by the provisions of this appendix and the Town Code of Ordinances.

8.3.5. Meetings.

The board shall establish a regular meeting schedule and shall meet frequently enough so that it may take action as expeditiously as reasonably possible.

All meetings of the board shall be open to the public, and reasonable notice of the time and place thereof shall be given to the public in accord with Chapter 143, Article 33C of the N.C. General Statutes.

The board shall adopt rules of procedure and regulations for the conduct of its affairs.

In considering appeals, variance requests, and determinations, the board shall observe the quasi-judicial procedural requirements set forth in sections 4.11 and 4.12 of this appendix.

The board shall keep a record of its meetings, including attendance of its members, the vote of each member on every question, a complete summary of the evidence submitted to it, documents submitted to it, and all official actions.

8.3.6. Attendance at Meetings.

Attendance at meetings shall be in accordance with the council's advisory board membership policy.

8.3.7. Quorum and Voting.

A quorum of the commission, necessary to take any official action, shall consist of a majority of total member positions.

(a)

The concurring vote four-fifths (⅘) of the member positions of the board shall be necessary in order to grant a variance.

(b)

The concurring vote of a majority of the members of the board shall decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari. Vacant positions on the board and members who are disqualified from voting shall not be considered members of the board for the calculation of the requisite majority for voting purposes.

(c)

The concurring vote of a majority of the quorum shall be necessary to conduct routine business of the board.

8.3.8. Appeals of Board of Adjustment Actions.

Every decision of the board of adjustment may be appealed to the Superior Court by any aggrieved party. Such appeal must be filed within thirty (30) days of the filing of the decision in the office of the planning department or the delivery of the notice required in subsection 4.12.1(d), whichever is later.

(Ord. No. 2013-09-23/O-2.1, § 1; Ord. No. 2014-03-10/O-2, § 3; Ord. No. 2015-11-09/O-1, § 2; Ord. no. 2018-12-05/O-3, §§ 1, 2; Ord. No. 2020-01-08/O-2, § 1; Ord. No. 2021-05-19/O-1, §§ 106, 107; Ord. No. 2023-11-29/O-5, § 11; Ord. No. 2025-06-11/O-8, §§ 3, 4)

8.4.1. Establishment of the Commission.

A historic district commission, consisting of seven (7) member positions appointed by the council, is hereby established.

8.4.2 Qualifications.

All members of the commission shall reside within the planning jurisdiction of Chapel Hill, and a majority of the members shall have demonstrated special interest, experience, or education in history, architecture, historic preservation, archaeology, or related fields. Members shall serve without compensation.

8.4.3. Tenure.

Members of the commission shall be appointed in accordance with the council's advisory board membership policy.

8.4.4. Officers.

Officers and terms of officers shall be in accordance with the council's advisory board membership policy. The commission shall create and fill such committees as it may deem necessary.

8.4.5. General Responsibilities of the Commission.

The commission shall seek to promote, enhance, and preserve the character of the Chapel Hill Historic District, provided the commission shall not require the reconstruction or restoration of individual or original buildings, structures, or portions thereof. In considering new construction, the commission shall encourage design which is harmonious with the character of the historic district, but shall not discourage either contemporary or traditional design.

8.4.6. Powers of the Commission.

The commission is authorized and empowered to undertake actions reasonably necessary to the discharge and conduct of its duties and responsibilities as outlined in this appendix and in Chapter 160D, Article 9, Part 4 of the N.C. General Statutes, including but not limited to the following:

(a)

To recommend to the planning commission and council areas for designation by ordinance as historic districts;

(b)

To recommend to the planning commission and council that designation of any areas as a historic district be revoked or removed;

(c)

To recommend to the planning commission, council, and the State of North Carolina structures, sites, objects, or districts worthy of local, state, or national historical recognition;

(d)

To propose to the council amendments to this chapter or to any other ordinance relating to the historic district, and to propose new ordinances or laws relating to the historic district or to a program for the development of the historical resources of the Chapel Hill community;

(e)

To request the council to hold public hearings on matters within the purview of the commission;

(f)

To hear and decide applications for certificates of appropriateness in accord with article 3 of this appendix; (Ord. No. 2004-02-23/O-2)

(g)

To establish principles and standards under which the town manager shall approve applications for certificates of appropriateness covering minor modifications on behalf of the commission;

(h)

To undertake, on its own or in collaboration with any other commission, board, agency, society, or organization, any programs of information, research, or analysis relating to any matters under its purview;

(i)

To cooperate with other commissions, boards, or agencies of the town or other governmental unit in offering or requesting assistance, guidance, or advice concerning matters under the commission's purview or of mutual interest;

(j)

To participate in negotiations with owners and other parties in an effort to find means of preserving historic buildings scheduled for demolition;

(k)

To provide advice to owners of property located within the historic district concerning the treatment of the historical and visual characteristics of their properties, such as color schemes, gardens and landscape features, and minor decorative elements;

(l)

To publish information or otherwise inform owners of property located within the historic district about any matters pertinent to the commission's duties, organization, procedures, responsibilities, functions, or requirements;

(m)

To contract, in accord with established town policies and procedures, for services or funds from agencies or departments of the State of North Carolina and the United States government;

(n)

To accept funds granted to the commission from private or non-profit organizations;

(o)

To organize itself and conduct its business by whatever legal means it deems proper;

(p)

To report violations of this appendix or related ordinances to the local official responsible for the enforcement thereof;

(q)

To exercise, within the historic district, all the powers and duties of the Chapel Hill Community Design Commission;

(r)

To exercise such other powers and to perform such other duties as are authorized or required elsewhere by this appendix, the N.C. General Statutes, or by the council.

8.4.7. Meetings.

The commission shall establish a regular meeting schedule, and shall meet at least quarterly and more often as it shall determine and require.

All meetings of the commission shall be open to the public, and reasonable notice of the time and place thereof shall be given to the public, in accord with Chapter 143, Article 33C of the N.C. General Statutes.

The commission shall adopt rules of procedure and regulations for the conduct of its affairs.

The commission shall keep a record of its meetings, including attendance of its members, and its resolutions, findings, recommendations, and actions.

8.4.8. Attendance at Meetings.

Attendance at meetings shall be in accordance with the council's advisory board membership policy.

8.4.9. Quorum and Voting.

A quorum of the commission, necessary to take any official action, shall consist of a majority of total member positions.

The concurring vote of a majority of the members of the commission shall be necessary to take any official action to approve or deny an application or permit. Vacant positions on the commission and members who are disqualified from voting shall not be considered members of the commission for the calculation of the requisite majority for voting purposes.

The concurring majority vote of the quorum shall be necessary to conduct other business, including making a recommendation on an application to be considered by the council.

8.4.10. Historical and Architectural Significance Inventories.

The commission shall prepare, maintain, consults, and make available to the public inventories, including photographs and assessments, showing the historic and architectural significance of buildings, structures, sites, areas, objects, and cultural landscapes within the historic districts. Such inventories of historic resources shall be used as a guide for the designation of historic districts. The commission shall take steps as necessary to ensure that the inventory reflects information current to within twenty (20) years.

A structure is deemed to have historic and/or architectural significance if it possesses integrity of location, design, setting, materials, workmanship, feeling, and association, and if it:

(a)

Is associated with events that have made a significant contribution to the broad patterns of local, state, or national history; or

(b)

Is associated with the lives of persons significant in the past; or

(c)

Embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; or

(d)

Has yielded, or may be likely to yield, information important in prehistory or local, State, and national history.

(Ord. No. 2014-03-10/O-2, § 3; Ord. No. 2018-06-27/O-4, § 2; Ord. no. 2018-12-05/O-3, §§ 3—5; Ord. No. 2019-11-20/O-3, §§ 6, 7; Ord. No. 2020-01-08/O-2, § 2; Ord. No. 2021-04-21/O-3, § 3; Ord. No. 2021-05-19/O-1, § 108; Ord. No. 2025-06-11/O-8, §§ 5, 6)

8.5.1. Establishment of the Commission; Charge.

A Community Design Commission, consisting of seven (7) member positions appointed in accordance with the council's advisory board membership policy, is hereby established. The charge of the commission is to assist the council in guiding the town's vision on aesthetics, character and function to focus community growth through advice, advocacy, and implementation of the council's policies and review of proposed development in key areas of the community.

8.5.2. Qualifications.

Members shall be appointed in accordance with the council's advisory board membership policy and shall reside within the planning jurisdiction of Chapel Hill. Members shall serve without compensation, but may be reimbursed for actual expenses incidental to the performance of their duties within the limit of funds available to the commission.

8.5.3. Tenure.

Members of the commission shall be appointed in accordance with the council's advisory board membership policy.

8.5.4. Officers.

Officers and terms of officers shall be in accordance with the council's advisory board membership policy.

8.5.5. Powers of the Commission.

The commission is authorized and empowered to undertake such actions reasonably necessary to the discharge and conduct of its duties and responsibilities as outlined in this appendix, in Chapter 160D, Article 9, Part 5 of the N.C. General Statutes, and in Chapter 278 of the N.C. Session Laws of 1965, including but not limited to the following:

(a)

To initiate, promote, and assist in the implementation of programs of general community beautification in the Chapel Hill community;

(b)

To seek to coordinate the activities of individuals and public or private agencies and organizations whose plans, activities, and programs bear on the appearance of the community;

(c)

To provide leadership and guidance in matters of community design and appearance to individuals and public or private agencies and organizations;

(d)

To make studies of the visual characteristics and problems of the community, including surveys and inventories of an appropriate nature, and to recommend standards and policies of design for the entire community or any portion or neighborhood thereof, or any project to be undertaken therein;

(e)

To prepare both general and specific plans for the improved appearance of the entire community or any portion thereof, including private as well as public property. Such plans shall set forth desirable standards and goals for the aesthetic enhancement of the community or any portion thereof, including public ways and areas, open spaces, and public and private buildings and projects;

(f)

To request from the proper officials of any public agency or body its plans for public buildings, facilities, or projects to be located within the town's jurisdiction, and to review such plans and to make recommendations regarding their aesthetic suitability to the appropriate agency or body, or to the council. The commission shall review all such plans in a prompt and expeditious manner, and shall make all recommendations with regard to any public project in writing, and shall promptly transmit copies of the recommendation to the appropriate agency or body, and to the council;

(g)

To formulate and recommend to the planning commission and council the adoption or amendment of ordinances that, in the opinion of the commission, will serve to enhance the appearance of the community and/or strengthen design standards for development within the town's jurisdiction;

(h)

To direct the attention of appropriate town officials to needed enforcement of any ordinance that may affect the appearance of the community;

(i)

To seek voluntary adherence to the standards and policies of its plans;

(j)

To enter, at reasonable times, upon private lands and make examinations or surveys as necessary in the performance of its official duties;

(k)

To promote public interest in and understanding of its recommendations, studies, and plans, and to prepare, publish, and distribute to the public such studies and reports that, in the opinion of the commission, will advance the cause of improved community appearance;

(l)

To conduct public meetings and hearings, giving reasonable notice to the public thereof;

(m)

To conduct an annual meeting at which the programs, problems, and policies of the commission shall be presented, and at which the public at large shall be invited to express itself on matters relating to the appearance and adopted design standards of the community;

(n)

To recommend to the council suitable arrangement for the procurement or provision of staff or technical services for the commission;

(o)

To establish an advisory council or other committees within its membership as it may deem necessary;

(p)

To accept funds from private agencies, foundations, organizations, individuals, the state or federal government, or any other source, and to disburse such funds for any purpose within the scope of its authority;

(q)

To review all schematic building designs for special use permits or special use permit major modifications, and forward comments and recommendations for consideration by the applicant;

(r)

To review lighting plans and building elevations filed as part of an application for development;

(s)

To review alternative landscape bufferyards in accordance with subsection 5.6.6 of this appendix. Should the community design commission not be a minimally constituted board, then this function shall be fulfilled by the town manager; and

(t)

To hear and decide applications for certificates of appropriateness in the Blue Hill District in accord with section 3.11 of this appendix. Should the community design commission not be a minimally constituted board, then this function shall be fulfilled by the town manager.

(Ord. No. 2023-11-29/O-5, § 12)

8.5.6. Meetings.

The commission shall establish a regular meeting schedule, and shall meet at least quarterly and more often as it shall determine and require.

All meetings of the commission shall be open to the public, and reasonable notice of the time and place thereof shall be given to the public, in accord with Chapter 143, Article 33C of the N.C. General Statutes.

The commission shall keep a record of its meetings, including attendance of its members, and its resolutions, findings, recommendations, and actions.

8.5.7. Attendance at meetings.

Attendance at meetings shall be in accordance with the council's advisory board membership policy.

8.5.8. Quorum and voting.

A quorum of the commission, necessary to take any official action, shall consist of a majority of total member positions.

The concurring vote of a majority of the members of the commission shall be necessary to take any official action to approve or deny an application or permit. Vacant positions on the commission and members who are disqualified from voting shall not be considered members of the commission for the calculation of the requisite majority for voting purposes.

The concurring majority vote of the quorum shall be necessary to conduct other business, including making a recommendation on an application to be considered by the council.

(Ord. No. 2008-11-10/O-1, § 1; Ord. No. 2014-03-10/O-2, § 2, 3; Ord. No. 2018-05-23/O-5.1, § 41; Ord. No. 2018-06-27/O-4, § 3; Ord. No. 2021-05-19/O-1, §§ 109, 110; Ord. No. 2021-10-13/O-4, §§ 1, 2; Ord. No. 2025-06-11/O-8, §§ 7—9)

The provisions of this appendix shall be administered by the town manager or his/her designee. All references in this appendix to "town manager" shall be construed to mean "town manager or his/her designee."

The town manager shall have the following powers and duties in the administration of the provisions of this appendix:

(a)

To grant zoning compliance permits;

(b)

To make inspections of buildings or premises as necessary in the performance of his or her duties in the enforcement of this appendix;

(c)

To make all necessary determinations and interpretations as required by this appendix; and

(d)

To propose and promulgate administrative regulations necessary to implement the provisions of this appendix.

Under no circumstance is the town manager permitted to make changes in this appendix or to grant exceptions (a) to the actual meaning of any clause, standard, or regulation contained in this appendix, or (b) from any clause, standard, or regulation contained in this appendix. The town manager does not have authority to approve exceptions to or vary from any regulations stated in this appendix.