For close watchers of Chapel Hill politics, July’s release of the town’s revised Land Use Municipal Ordinance draft (affectionately known as LUMO) was a momentous event. When Chapel Hill began working in earnest on these revisions in January 2021, a majority of the council had been endorsed by the anti-growth group CHALT. Three hotly contested elections later, only two of that council’s nine members remain in office, and the 40-year era (1983-2023) in which NIMBYism reigned in Chapel Hill is mostly over. The new council members are generally on board with the town’s Complete Communities strategy, which embraces walkable neighborhoods and a diversity of homes, from townhouses to apartments to ADUs.
This new LUMO is Chapel Hill’s opportunity to enact the many policies, plans, and promises council members have endorsed over the last three elections. It builds on previous council actions, including text amendments adopted in 2023, and those enacted earlier this year that make it easier to add small homes on already developed land in town. Planning staff have summarized the 700-page document by emphasizing the following five goals of the new LUMO:
User friendliness: Whether it was intentional or not, the current LUMO could be seen as an anti-housing ordinance, as it includes rules that are so confusing and contradictory that it scares away local home builders, and forces large developers to navigate an unpredictable political process just to get permission to build housing. The new LUMO is designed to be easier to understand, with simpler language and graphics that make it clear what can be built where.
Housing diversity, affordability, and supply: In recent years, the council has supported changes to make it easier to build smaller homes (ADUs, duplexes, etc.) and publicly subsidized affordable housing. The new LUMO doubles down on this approach, with rule changes that will make it possible to build three- and four-home buildings in some residential neighborhoods, along with oodles of subsidized affordable housing.
Economic development and land use: For decades, planners have preached the mantra of “separation of uses,” meaning that housing and commercial development of any size were not allowed to mix. The new LUMO allows small retail (under 3,000 sq. feet) on major streets, even in neighborhoods.
Built environment and public realm: Compared to other municipalities in the Triangle, Chapel Hill prioritizes investing public money into public transportation and affordable housing, while spending comparatively less on parks and greenways. Although the new LUMO is not a budgetary document, it will incentivize developers to build parks and greenways.
Environment and resilience: Chapel Hill has among the most restrictive stream buffers and stormwater protections in the region. This will not change in the new LUMO, which also includes additional tree protections.
Overall, the new LUMO promises to deliver on the plans Chapel Hill has been talking about since 2022, when the council adopted its Complete Communities strategy that marries a commitment to adding more housing in town with investments in walkable neighborhoods (think greenways and grocery stores).
Will Council stick the landing?
Getting to a complete draft of the new LUMO is a major accomplishment. But, as Durham’s recent experience with their land use revisions shows, just having a draft is not enough. In the past few weeks, town council has spent hours closely examining the LUMO draft, asking staff to remove some sections and tweak others. While no official votes were taken, through straw polls and conversation, the council has indicated its concerns with the draft. For example, the original LUMO draft aligned Chapel Hill with the state residential code by permitting up to eight unrelated persons to live in a home. After receiving a flurry of emails opposing the change, the council decided to keep the current cap of four unrelated persons.
In other cases, the council pushed the LUMO in a pro-homes direction. The original LUMO draft allowed for more density along arterial and collector roads, with the theory that such roads could support more housing. After considerable debate, council approved a plan to allow more density along arterial roads, collector roads with sidewalks, and within a quarter-mile of greenway entrances and schools.
Last week, town council gave staff the go-ahead to begin the legislative process, which means that the LUMO could be adopted as soon as this November. The last date for the public to provide direct feedback on the LUMO document is September 30; after that point, commenters will be able to provide input via public comment at meetings, and through emails to the council. For those following along at home, here are the dates for the upcoming fall meetings on the new LUMO draft:
Planning Commission legislative hearing: scheduled for October 6
Council regular meetings: scheduled for October 21 and November 18
If all goes well, the LUMO draft will pass more or less as written, allowing us to see if it achieves Chapel Hill’s goal of making it easier to build a small home, open a neighborhood restaurant, and add more publicly subsidized affordable housing in town. Unlike Durham’s currently paused effort to reform its zoning code, Chapel Hill’s LUMO draft is at no risk of violating state law, as it uses carrots (upzoning) not sticks (downzoning) to achieve shared goals. But as any land use wonk knows, it’s all too easy to derail a plan by inserting “poison pills” that effectively undo its stated intentions. If there are any poison pills in the current draft, then tell us! We’d love to know about them.
While the LUMO debate in Chapel Hill may be coming to an end, land use politics are forever. Let’s just hope that the council puts this particular episode to bed this fall by passing the LUMO and embracing a new era in Chapel Hill, one that prioritizes community and accessibility, not exclusivity.
Speak in Support of Chapel Hill’s New LUMO Draft
If you support Chapel Hill’s new LUMO draft, then let Council know by signing up to speak at either the Oct 6 Planning Commission legislative hearing, or the Oct 21 Town Council regular meeting. Instructions for signing up to speak can be found here.
Martin Johnson is a housing advocate based in Chapel Hill.
