What is it?

An accessory apartment is a unit with space for cooking, sleeping, and bathroom facilities that may be attached to, within, or detached from the primary house.

Dimensional Standards:

What is it?

A second, detached single-family house of no more than 1,200 square feet may be constructed on the same lot as the primary single-family house when the lot size exceeds the minimum lot size by 2,700 square feet 

Dimensional Standards:

Two (2) housing units that are either attached or detached and located on the same lot.

Dimensional Standards:

What is it?

Three (3) housing units that are either attached or detached and located on the same lot.

Dimensional Standards:

What is it?

 Four (4) housing units that are either attached or detached and located on the same lot.

Dimensional Standards:

The following provide a basic definition of planning terms:

1. Density:  The number of housing units on a lot.
2. Floor Area: The square footage of all the floors of the building.  This does not include open terraces, patios, atriums, balconies, carports, garages, breezeways, and screened porches. For more information, see LUMO 3.8.2.
3. Floor Area Ratio (FAR): The total floor area of all buildings or structures on a lot divided by the lot size. For more information, see LUMO 3.8.2.
4. Footprint:  The outline of the total area a building covers at the ground level, where it touches the earth.  For more information, see LUMO-Appendix A.
5. Impervious Surface:  The total square footage of all portions of the lot that are built upon, including areas covered by buildings, pavement, and parking areas. For more information, see LUMO-Appendix A.
6. Stormwater:  The flow of water which results from a rainfall event.
7. Stormwater Management:  The system(s) located on a site that control stormwater within an individual development project.  For more information, see LUMO 5.4.
8. Tree Canopy Coverage:  The sum or total square footage of all areas covered by canopy trees.  For more information, see LUMO 5.7.2.

The Chapel Hill Town Council approved the Housing Choices for a Complete Community ordinance on June 21, 2023. 

Past meeting dates:

Staff held neighborhood meetings with the following groups as part of this project:

• Greenwood
• Franklin-Rosemary
• Glendale
• Hidden Hills
• Laurel Hills
• Colony Woods
• Pope Road
• Westwood
• Lake Ellen

• June 21, 2023
• June 14, 2023
• May 19, 2023
• May 3, 2023
• April 19, 2023
• April 6, 2023
• March 20, 2023
• February 20, 2023
• January 12, 2023

What is my zoning now that the new ordinance is in effect?

Your zoning has not changed since the ordinance went into effect. 

Visit  the Town of Chapel Hill Interactive Map to view your zoning.  You can search for addresses and add layers such as zoning, overlay districts, and neighborhoods.

What uses are currently allowed in my zoning district?

Visit the Town of Chapel Hill Interactive Map to identify your zoning district.  Search for your address then add layers such as zoning and overlay districts. 

Based on your zoning district, you can then reference Table 3.7-1 in Land Use Management Ordinance (LUMO) 3.7 to determine uses allowed within your zone.  (Please note that the LUMO has not been updated to reflect Housing Choices and you may need to reference the adopted Ordinance.)

What types of residences are allowed in the local Historic Districts?

The local historic districts are an overlay zoning district. The types of residences allowed in the local historic districts are based on the underlying zoning.

Like all development in the local historic districts, any new housing units will require approval of a Certificate of Appropriateness from the Town’s Historic District Commission.  

For more information, visit the Historic District webpage.

What uses are allowed in the Neighborhood Conservation Districts (NCDs)?

There have been no changes to the existing uses permitted within the NCDs.

Any revision to NCD regulations would warrant a significant amount of community engagement with the residents of the impacted NCDs.

Can staff tell me if there are restrictive covenants for my neighborhood?

Town staff do not have the ability to certify the existence or applicability of restrictive covenants on behalf of community members. The Town recommends community members contact a land use attorney to discuss questions they may have about Homeowners Associations (HOAs) as well as the creation and applicability of restrictive covenants.

Which neighborhoods have restrictive covenants?

Restrictive covenants are recorded with the Register of Deeds in the county where the neighborhood is located.

First locate your Property Identification Number (PIN) and deed reference from the Town’s Interactive Map.  Then search the applicable database with either Orange County Register of Deeds or the Durham County Register of Deeds.  

Does the Town enforce restrictive covenants?

No.  Because restrictive covenants are contracts between private property owners, it is the responsibility of those subject to the covenants to enforce them. 

Town staff review land use applications for compliance with the Land Use Management Ordinance (LUMO) and Town Code. 

Are areas covered by HOAs exempt from the Housing Choices ordinance? If a neighborhood enacts an HOA, will that make it exempt?

Restrictive Covenants and other HOA agreements are contracts between private property owners that supersede the Land Use Management Ordinance (LUMO) whenever they are more restrictive than the LUMO.  

The Housing Choices initiative does not create new opportunities for development on properties that are subject to restrictive covenants or bylaws that allow only a single dwelling unit per lot.

The existence of an HOA itself does not exempt a neighborhood from this text amendment. It would depend on the content of the bylaws and covenants. Neighborhoods with restrictions on number of dwelling units per lot can amend their covenants or adopt new covenants that permit missing middle housing forms. 

What is the difference between an accessory apartment and a cottage?

There are some slight differences between the two types of uses:

How many accessory apartments and/or cottages can I build on my property?

For every one (1) single-family house, only (1) accessory apartment or cottage is permitted on the lot.

I currently have a single-family house in Residential-1 (R-1). What can I build?

You could build any one of the types of housing units below, and each option has a set of parameters:

Can I convert my existing single-family house into a two-family, attached/detached, house?

Yes, if you meet all requirements, including (but not limited to): 

• Building code for multi-family, including fire wall ratings
• Together, the two units could not exceed 3,000 SF in floor area
• Development standards outlined above, including impervious surface limitations and parking restrictions
• In Historic Districts, exterior changes would require a Certificate of Appropriateness

What are the occupancy limits of new housing types?

How many cars are allowed for these uses?

For more information on current parking requirements, please see Land Use Management Ordinance (LUMO) 5.9.7.

The Town recognizes the demands for on-street parking, especially around the University of North Carolina-Chapel Hill campus and adjacent downtown neighborhoods.  The Residential Parking Permit program currently allows qualifying residents within the Town’s 16 residential parking districts to obtain a permit.  The number of permits may not exceed the number of licensed vehicles registered to the residence address. No more than five permits per lot is permitted no matter how many housing units are on the lot. 

Can a developer tear down a single-family home on a lot, subdivide the lot, and build more than one unit?

Staff does not have the ability to prohibit demolitions.  A property owner can demolish an existing single-family home and then subdivide the lot if the new lots meet the minimum lot size requirements of the zoning district.

What guarantees or mechanisms are in place to ensure these new housing types are filled by those who want to make Chapel Hill their home, such as first-time home buyers, young families, divorcees, empty nesters, and retirees?

The purpose of introducing these housing types is to permit a diversity of housing opportunities that will increase supply and address the needs of different price-points and life stages. The Land Use Management Ordinance (LUMO) cannot regulate who occupies housing units.

The Housing Choices initiative does not require these new housing types to include affordable units; however, compliance with the Town’s Inclusionary Zoning Ordinance is required for developments of five or more for-sale units.  These units will largely be market rate housing.  Please review Projected Housing Needs, 2020-2040 and the Shaping Our Future Assessment more information. 

How will the Town monitor the results of the Housing Choices Ordinance?

Initially, staff will monitor the following metrics:

• Building permits issued for the new housing types
• Zoning compliance permits issued for the new housing types
• Number of demolitions specifically related to these new housing types (i.e. removal of single family house to create two-family or three-family)
• Zoning districts in which development occurs

Are there safeguards to be sure that one neighborhood does not receive several new construction projects per year?

Based on the results of similar housing reforms in other communities, staff anticipates that changes to existing neighborhoods will be incremental.  Staff will monitor developments that may result from this ordinance closely and share their findings with Council.  Monitoring will give staff the opportunity to tweak the Land Use Management Ordinance (LUMO), as necessary, to address any unintended consequences.

Currently there are no limits to the number of single-family building permits that can be issued each year.  This might mean a single neighborhood may see several construction projects for new houses within a year’s time.   Staff is investigating ways to ensure that a single neighborhood does not see significant increases in the number of new housing units constructed due to the Housing Choices Ordinance and will not be inundated by construction activity.  

Could this proposal create more corporate and absentee landlords?

The Town does not have the ability to regulate ownership; however, our Code Enforcement team does regulate nuisances such as illegal parking, garbage, and excessive noise. 
For more information about how to address common neighborhood nuisances, please visit the Town’s Good Neighbors webpage.

Can these units be used as short-term rentals (STRs)?

Some new housing types may be able to be used as STRs.  There are two types of short-term rentals (STRs) permitted in Chapel Hill:

• Primary residence STRs, in which a STR operator lives on site most of the year, are permitted in almost all zoning districts.
• Dedicated STRs, in which there is no primary resident, are limited to commercial and mixed-used zoning districts.

For more information about STRs, please visit the Town’s website and see Land Use Management Ordinance (LUMO) 6.27.