Banner Elk City Zoning Code

ARCHITECTURAL DESIGN

STANDARDS

§ 152.085 ARCHITECTURAL DESIGN STANDARDS.

It is the intent of this section to establish the architectural review standards of the previously adopted Town of Banner Elk Architectural Review Guidelines (1998). These standards shall apply to all new construction, expansions and/or additions of 50% of the gross floor area of existing buildings or changes to exterior building facades for multifamily and non-residential development. Single-family detached residential uses and individual duplexes are exempt from §§ 152.085 through 152.090 of this chapter (unless § 152.089 of this chapter applies), as are changes considered maintenance and repairs to existing non-residential buildings; maintenance and repair is defined as those changes that are considered upkeep and do not change the architectural appearance of the building. The architectural review standards shall hereby be incorporated as a reference to §§ 152.085 through 152.090 of this chapter, specifically with regard to illustrations.

(Ord. passed 3-14-2005; Ord. passed 7-13-2015; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 500)

§ 152.086 SITE ASPECTS.

(A) Relationship of a building to its site.

(1) Building design shall be fitted to the natural contours of the site. Natural features of the site, such as rock outcroppings or natural drainage ways shall be preserved.

(2) On wooded sites, buildings shall be carefully situated to take advantage of the shade and energy conservation provided by the trees.

(3) The impression of buildings tucked into, rather than superimposed on, the natural landscape shall be created.

(4) The view of the building from the street and surrounding areas shall be as important as the view available to the buildings occupants.

(5) Buildings shall be located according to the natural characteristics of the site. In hilly terrain, clustering of buildings is encouraged as a strategy to avoid destroying sensitive natural areas.

(6) Buildings shall be designed to harmonize with the existing topography, thereby minimizing land disruption.

(7) Grading shall be held to a minimum and should complement natural land forms (such as smooth gradations or terracing).

(8) Use of retaining walls over eight feet in height require design and certification by a state- registered engineer.

(B) Relationships of the project to adjoining area.

(1) Building projects shall not be designed as isolated units, but instead shall reflect the context of the adjoining properties.

(2) Grading shall blend gently with contours of adjacent properties.

(3) Buildings at the ends of streets, or at street corners, shall serve as visual “terminals”. Serving to both unify and conclude the architectural statement made on the street.

(4) Proposed recreation areas or uses shall complement nearby existing uses. The extension of existing parks or recreation areas into a proposed development is a highly desirable design feature.

(5) Buildings or projects located near or adjacent to a greenway shall provide safe and efficient pedestrian connection to that greenway, and also to adjacent properties that might include pedestrian systems in the future.

(6) Buffer zones shall separate and protect the greenway, while at the same time connect it to the building site.

(7) Natural drainage patterns shall be preserved where possible. Changing the natural drainage areas will affect the drainage onto adjoining areas.

(8) Innovative building and site design can capitalize on natural drainage ways and transform steep slopes into major site amenities.

(9) Design shall ensure that drainage occurs only in areas designed to serve a drainage function. Storm water should not flow over sidewalks, paths or streets.

(1) Scale is a major factor in creating a sense of community and a sense of place.

(2) The ratio between the width of the street corridor (as measured between opposing building facades) and the height of the “walls” of that corridor (the foundation-to-eaves dimension) plays an important role in creating a human scale in the streetscape. The most satisfactory ratio is generally a width that is two or three times the height of the defining walls or edges. If the width exceeds the height more than four times the sense of enclosure is diminished.

(3) The town shall be focused on people rather than on vehicles. Streets shall be connections not separations.

(4) Reference “zones” of § 6.3.1 of the Architectural Review Guidelines for explanation of zones and transition areas that shall be addressed in the design of new streets.

(5) Especially in the downtown area, and Heritage District Overlay, building faces shall have adequate setback from the street edge to allow for sidewalks where people may walk leisurely around meeting places. Public spaces between buildings (including room for planting and street furniture) provide places for the pedestrian to rest and relax.

(6) Between sidewalk and street, there shall be enough room to accommodate the planting of trees and shrubs (see §§ 152.130 through 152.137 and 152.150 through 152.170 of this chapter). The street will be enclosed, pedestrians will be separated from the cars and the view will be framed.

(7) Street furniture should complement the overall site and landscape design. It shall reflect the natural mountain character of the town, such as the use of wood and stone for benches, trash receptacles and the like.

(D) Streets.

(1) Difficult topography shall be avoided when locating and designing roads. For instance, roads are best placed along the contours of a site if the site is hilly or steep. This minimizes fuel consumption and noise in automobiles and provides a more comfortable access for pedestrians and bicycle riders. Consideration shall also be given to fire protection and emergency vehicles in order to facilitate access to any structure in case of any emergency.

(2) Roadways shall focus attention on interesting views and should not interfere with natural drainage patterns.

(3) The town uses the state’s Department of Transportation Subdivision Roads Minimum Construction Standards to suggest parameters for new streets. These standards may need to be adjusted, especially in areas of difficult topography with steep slopes.

(4) The site plan should incorporate a hierarchy of roadways and walkways that provide for safe, smooth and pleasant movement of people and vehicles. Special attention shall be paid to points at which pedestrian, bicycle and automobile movements are in conflict. Clearly marked crosswalks or routing of pedestrian paths away from main automobile traffic areas can reduce hazards in these areas.

(5) Whenever there is a design choice between access from the development to a street of a higher classification and access to a street of a lower classification, access should be to the street of lower classification.

(6) On large streets, landscaped median islands are encouraged and crosswalks shall be included.

(7) Trees, shrubs and other plants shall be planted along the streets in accordance with §§ 152.130 through 152.137 and 152.150 through 152.170 of this chapter.

(E) Sidewalks.

(1) Building sites shall accommodate pedestrians and shall be centered around pedestrian traffic rather than vehicular traffic.

(2) Access must be safe and convenient within a site. Sidewalks must be clearly separated from driving areas and must connect buildings to each other, to parking areas and to adjacent pedestrian paths.

(3) Handicapped accessibility along walkways at street/driveway intersections shall be provided whenever possible, per State Building Code specifications.

(4) Sidewalk construction standards (including curb and gutter) shall follow the state’s Department of Transportation Subdivision Roads Minimum Construction Standards.

(5) Walkways or sidewalks shall be provided along all public streets for commercial developments. Where intersections occur, pedestrian walkways shall be clearly marked with paint or contrasting surface material.

(6) Sidewalks shall be designed to match the Town of Banner Elk Pedestrian Plan. Should it prove impractical or infeasible to construct on the property in question, then an equitable fee in lieu shall be paid to the Town of Banner Elk to be used in other areas of the Town's Pedestrian Plan. The fee shall be calculated by the linear footage of road frontage where the sidewalk should have been placed and the current rate to construct that amount of sidewalk shall be determined adequate by the Board of Adjustment.

(7) The separation of sidewalks from the roadway for pedestrians safety will be achieved by:

(a) Curbside planting strips;

(b) Depressing or raising the walkway in relation to street level; and

(8) Especially around areas with interesting natural features, sidewalks shall be curved, bending into adjoining lands, following the natural contours.

(9) Major commercial developments shall include a system for internal pedestrian movement. These internal walkways shall also be linked with town-wide systems, particularly to greenways and parks.

(10) Covered sidewalks are especially encouraged, as well as the development of public spaces with a pedestrian system like courts and gardens.

(11) Surfaces shall be constructed of brick when located within the Heritage District Overlay; other materials such as concrete may be permitted in the other zoning districts.

(12) Semi-pervious or pervious material as opposed to asphalt or concrete is especially desirable on sidewalks, to the extent they do not diminish the accessibility of the pathway. If concrete is used, it should be textured or patterned with sections that shall include a brick pattern that matches the Banner Elk Pedestrian Plan.

(F) Bicycles.

(1) Bike lanes or sufficient room on the streets for bicyclists are very desirable. However, bike lanes do not have to parallel the street. Like sidewalks or walkways they should follow natural patterns.

(2) Businesses and organizations should recognize the needs of cyclists who may bicycle to work. These cyclists need convenient use of a bicycle rack.

(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 500)

§ 152.087 LIGHTING TRESPASS.

(A) General.

(1) Design and intensity of lighting shall be architecturally integrated with the building style, material and color. Lighting shall be designed and located to ensure that excessive light spillage and glare, especially toward neighboring areas and motorists, are avoided. All parking and street lighting provided shall be aimed downward and provide shield covers to direct light in such a manner.

(2) Down lighting shall be used to reinforce the circulation corridor. Pedestrian scale lights, such as ornamental poles, shall be used on sidewalks instead of street lights; street lights shall match existing town streetscape lights. Low light sources should be used on other walking paths and greenways.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

FIXTURE. The assembly that holds the lamp (bulb) in the lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing and the attachment parts.

FLOODLIGHT. A luminaire or bulb which projects light in a specific direction in a wide beam, typically 100 degrees or more.

FOOTCANDLE. The American unit used to measure the total amount of light cast upon a surface (illuminance). One footcandle is equivalent to the illuminance produced by a source of one candle at a distance of one foot. For example, the full moon produces .01 S. “S” are measured with a light meter. One footcandle is approximately equal to ten lux, the British unit used to measure illuminance.

FULL CUTOFF (FCO). A light fixture that cuts off all upward transmission of light.

FULLY SHIELDED. A fixture with housing or attachment thereto which prevents a line of sight to the bulb when viewed from another property and which prevents a line of sight to any part of the light source at or above a horizontal plane running through the lowest portion of the fixture.

GLARE. Discomfort experienced by an observer with a direct line of sight which often results in annoyance, discomfort or loss of visual performance causing visual impairment.

HORIZONTAL (OR VERTICAL) FOOTCANDLES. The amount of light striking a vertical or horizontal plane.

IESNA. Illuminating Engineering Society of North America.

LIGHT SOURCE. The bulb and lens, diffuser or reflective enclosure.

LIGHT TRESPASS. Light projected onto a property from fixtures not located on that property.

LUMEN. The unit used to quantify the amount of light energy produced by a lamp at the lamp. Lumen output of most lamps is listed on the packaging. For example, a 60-watt incandescent lamp produces 950 lumens while a 55-watt low pressure sodium lamp produces 8,000 lumens.

NEON SIGNS. Luminous tube sign that contains neon or other inert gasses at a low pressure.

SPOTLIGHT. A luminaire or bulb which projects light in a specific direction in a narrow beam, typically 45 degrees or less.

(1) It is unlawful for any person, firm or corporation to install, erect or maintain any floodlight, searchlight, security light or other form or type of light source within the limits of the town in such manner that the light rays from this lighting fail to conform with the terms and conditions of this section, and that the light thereof may distract the attention of any vehicle driver from the operation of a vehicle in a safe and prudent manner.

(2) On all properties except those zoned R1 and R2, the installation or replacement of any outdoor lighting fixtures shall require approval. Approval may not be issued unless the proposed installation is found by the Zoning Administrator to conform to all applicable provisions of this section.

(3) All properties within the town and the ETJ must comply with the terms of this section.

(D) Light trespass. The maximum illumination at five feet inside an adjacent residential parcel or public right-of-way, or beyond, from light emitted from an artificial light source, is 0.05 horizontal footcandles and 0.05 vertical footcandles. This illumination likewise measured inside an adjacent commercial or industrial parcel or on a public roadway, or beyond, shall not exceed 0.1 horizontal footcandles or 0.1 vertical footcandles. No line of sight to a glaring light source is permitted from five feet or more inside a residential or public right-of-way property line by an observer viewing from a position that is level with or higher than the ground below the fixture. Compliance is achieved with fixing shielding, directional control designed into the fixture, fixture location, fixture height, fixture aim or a combination of these factors.

(E) General lighting design.

(1) General.

(a) The bulbs in outdoor light fixtures emitting from 600 to 1,200 lumens shall be frosted glass or covered by frosted glass or other similarly translucent cover. An outdoor light fixture emitting more than 1,200 lumens, except motion detector-activated lighting shall be full cutoff and fully shielded to an observer at the property line. This can be achieved with fixture location, mounting height, natural artificial barriers on the fixture owner’s property, fixing shielding and other fixture design features.

(b) A spotlight of less than 1,800 lumens need not be full cutoff or covered by a translucent cover if its center beam is aimed at a point not beyond any property lines and no higher than 45 degrees below the horizontal, and is motion detector-activated and cycles off after five minutes.

(c) Generally, luminaries should not be located closer to the property line than a distance equal to three times the fixture’s mounting height above grade at the property line.

(d) The use of search lights, laser lighting or lights that pulse, flash, rotate or stimulate motion for advertising or promotions is prohibited.

(e) Emergency lighting and traffic control lighting is exempt.

(f) Tower lighting shall not be permitted unless required by FAA. Required lighting shall be of the lowest allowed intensity and red unless specifically forbidden under FAA requirements.

(g) At the close of business, all lighting shall be reduced to a level not greater than those described in division (D)(5) below.

(h) With the exception of structures having exceptional symbolic significance in the community such as churches and/or public buildings of historic significance in the community, exterior buildings and other vertical structures shall not be illuminated. When buildings and other structures having symbolic or historic significance are to be illuminated, the design for the illumination must be approved by the Preserve America Commission.

(2) Buildings and other vertical structures.

(a) The maximum illumination on any vertical surface or angular roof surface shall not exceed five footcandles.

(b) Lighting fixtures shall be carefully located, aimed and shielded so that light is directed only onto the building surface. Lighting fixtures shall not be directed toward adjacent streets or roads.

(d) To the extent practicable, lighting fixtures shall be directed below the horizontal rather than above the horizontal.

(3) Landscaping. When landscaping is to be illuminated, the Planning Board shall first approve a landscape lighting plan that presents the purpose and objective of the lighting, shows the location of all lighting fixtures and what landscaping each is to illuminate and demonstrates that the installation will not generate excessive light levels, cause glare or direct light beyond the landscaping into the night sky.

(4) Externally illuminated signs. (Also see § 152.110 of this chapter.)

(a) The average level of illumination on the vertical surface of the sign shall not exceed three footcandles, and the ratio of average to minimum illumination shall not exceed two to one (2:1).

(b) Lighting fixtures illuminating signs shall be carefully located, aimed and shielded so that light is directed only onto the sign facade. Lighting fixtures shall not be aimed toward adjacent streets, roads or properties.

(c) Light fixtures illuminating signs shall be of a type such that the light source is not directly visible from adjacent streets, roads or properties.

(d) To the extent practicable, fixtures used to illuminate signs shall be top-mounted and directed below the horizontal.

(5) Parking lot lighting. Parking lot lighting shall be designed to provide the minimum lighting necessary to ensure adequate vision and comfort in parking areas, and to not cause glare or direct illumination onto adjacent properties or streets.

(a) All lighting fixtures serving parking lots shall be cut-off fixtures.

(b) Mounting heights of lighting fixtures shall not exceed 20 feet.

(c) The minimum overall illumination level shall be no less than 0.4 footcandles. The ratio of the average illumination to the minimum illumination shall be four to one (4:1).

(d) The maximum overallaverage illumination level shall not exceed one and one-half footcandles.

(6) Lighting levels on exterior display/sales areas.

(a) Lighting levels on exterior display/sales areas shall be adequate to facilitate the activities taking place in these locations during business hours. Lighting of these areas shall not be used to attract attention to the businesses, but rather the merchandise. Signs allowed under local ordinances are to be used for the purpose of advertising a business.

(b) The applicant shall designate areas to be considered display/sales areas and areas to be used as parking or passive vehicle storage areas. This designation must be approved by the Planning Board.

1. Areas designated as parking or passive vehicle storage areas shall be illuminated in accordance with the requirements for parking areas suggested elsewhere in this section.

2. Areas designated as exterior display/sales areas shall be illuminated so that the average horizontal illuminance at grade level is no more than five footcandles. The ration of average to minimum illuminance shall be no greater than four to one (4:1). The average and minimum shall be computed for only that area designated as exterior display/sales area.

3. Light fixtures shall be full cut-off fixtures and shall be located, mounted, aimed and shielded so that direct light is not cast onto adjacent streets or properties.

4. Fixtures shall be mounted no more than 20 feet above grade and mounting poles shall be located either inside the illuminated area or no more than ten feet away from the outside edge of the illuminated area.

(7) Lighting of walkways/bikeways and parks. Where special lighting is to be provided for walkways, bikeways or parks, the following requirements shall apply.

(a) The walkway, pathway or ground area shall be illuminated to a level of no more than 0.5 footcandles.

(b) The vertical illumination levels at a height of five feet above grade shall be no more than 0.5 footcandles.

(c) Lighting fixtures shall be designed to direct light downward, and light sources shall have an initial output of no more than 1,000 lumens.

(8) Lighting of gasoline stations/convenience store aprons and canopies. Lighting levels on gasoline station/convenience store aprons and under canopies shall be adequate to facilitate the activities taking place in those locations. Lighting of these areas shall not be used to attract attention to the businesses. Signs allowed under local ordinance are to be used for that purpose.

(a) Areas on the apron away from the gasoline pump islands used for parking or vehicle storage shall be illuminated in accordance with the requirements for parking areas set forth elsewhere in this section. If no gasoline pumps are provided, the entire apron shall be treated as a parking area.

(b) Areas around the pump islands and under canopies shall be illuminated so that the minimum horizontal illuminance at grade level is no more than 5.5 footcandles. The ratio of average to minimum illuminance shall be no greater than four to one (4:1). This yields an average illumination level of no more than 22 footcandles.

(c) Light fixtures mounted on canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface of the canopy and/or shielded by the fixture or the edge of the canopy so that light is restrained to no more than 85 degrees beyond the vertical plane.

(d) As an alternative to recessed ceiling lights, indirect lighting may be used where light is beamed upward and then reflected down from the underside of the canopy. In this case, light fixtures must be shielded so that direct illumination is focused exclusively on the underside of the canopy.

(e) Lights shall not be mounted on the top or sides of the canopy and the sides of the canopy shall not be illuminated.

(9) Lighting of outdoor facilities. Outdoor nighttime facilities (concerts, athletic contests and the like) have unique lighting needs. Illumination levels vary, depending on the nature of the activity. The regulations in this section are intended to allow adequate lighting for such events while minimizing sky glow, reducing glare and unwanted illumination of surrounding streets and properties and reducing energy consumption. The design plan shall include a discussion of the lighting requirements of various areas and how those requirements will be met.

(F) Site plans. (Also see §§ 152.031 and 152.301 of this chapter.)

(1) (a) Outdoor lighting installations involving the installation or replacement of two or fewer lighting fixtures may be approved by the Zoning Officer; provided that, no single lamp exceeds 150 watts, and that the total wattage of all bulbs in all fixtures does not exceed 300 watts. All other installations must be approved by the Planning Board.

(b) The applicant shall submit to the town sufficient information, in the form of an overall exterior lighting plan, to enable the town to determine that the applicable provisions will be satisfied.

(2) The lighting plan shall include at least the following items:

(a) A site plan, drawn to scale of 1 inch equals no more than 20 feet, showing buildings, landscaping, parking areas and all proposed exterior lighting fixtures;

(b) Specifications for all proposed lighting fixtures including photometric data, designation as full cut-off fixtures and other descriptive information on the fixtures;

(d) Analyses and illuminance level diagrams showing that the proposed installation conforms to the lighting level standards in this section; and

(e) Drawings of all relevant building elevations showing the fixtures, the portions of the wails to be illuminated, the illuminance levels of the walls and the aiming points for any remote light fixtures.

(3) (a) Wherever practicable, lighting installations shall include timers, dimmers and/or sensors to reduce overall energy consumption and eliminate unneeded lighting.

(b) When an outdoor lighting installation is being modified, extended, expanded or added to, the entire outdoor lighting installation shall be subject to the requirements of this section.

(c) Expansions, additions or replacements to outdoor lighting installations shall be designed to avoid harsh contrasts in color and/or lighting levels.

(d) Electrical services to outdoor lighting fixtures shall be underground, unless the fixtures are mounted directly on utility poles.

(e) Proposed lighting installations that are not covered by the special provisions in this section may be approved only if the Planning Board finds that they are designed to minimize glare, do not direct light beyond the boundaries of the area being illuminated or onto adjacent properties or streets, and do not result in excessive lighting levels. In general IESNA standards shall be used to determine the appropriate lighting design.

(f) For the purpose of these regulations, the mounting height of a lighting fixture shall be defined as the vertical distance from the grade elevation of the surface being illuminated to the bottom of the lighting fixture.

(g) The Planning Board may modify the requirements of this section if it determines that, in so doing, it will not jeopardize achievement of the intent of these regulations.

(G) Exemptions.

(1) The temporary use of low wattage or low voltage lighting for public festivals, celebrations and the observance of holidays is exempt from this section, except where they create a hazard or nuisance from glare. However, consideration to light trespass requirements shall be demonstrated prior to commencing the use of the temporary lighting.

(2) All other lighting existing or installed on the date of this section which does not conform with this section shall be exempt under the following conditions.

(a) The exemption shall expire seven years after the adoption date of this section.

(b) Lighting found by a governmental agency to create a public hazard can be ordered removed or altered at any time.

(c) On the effective date of this section, any light installation which provides for re-aiming of the fixture shall be brought into compliance with the terms of this section without delay.

(d) Upon repair or replacement of any component of any luminaire, or relocation of any luminaire, that luminaire shall be brought into compliance with the terms of this section at the completion of the repair or replacement.

(e) Upon installation of any new luminaire, this section shall fully apply. An inventory of existing lighting submitted by the applicant will be required when the application for installing new luminaire(s) is made.

(f) Upon the transfer of ownership of an existing business or property, the exemption shall expire and all terms of this section shall apply.

(g) At the close of business all lighting shall be reduced to a level not greater than those described in division (D)(5) below.

(H) Street lighting.

(1) Street lighting owned, operated, maintained or leased by the town shall be exempt, understanding that a good-faith effort shall be made to comply with the following conditions.

(a) All new, repaired or replaced shall be full cut-off fixtures and that IESNA guidelines shall be considered. However, the design for an area may suggest the use of street light fixtures of a particular period or architectural style as an alternative if the following items are considered:

1. The maximum initial lumens generated by each fixture does not exceed 2,000;

2. The mounting height of the alternative fixture does not exceed 15 feet; and

3. That alternative lighting be approved in a public hearing in accordance herewith. Public comment regarding the alternative lighting standard will be considered at that time.

(b) Street lights shall be located in the public right-of-way or on easements acquired for that purpose.

(c) If the street has a sidewalk along one side, the street lights will generally be limited to the sidewalk side of the street.

(2) (a) Street lighting which causes light to trespass onto or into a neighboring parcel and causes an annoyance or disturbs the person(s) who owns the neighboring parcel shall seek relief through the Board of Adjustment.

(b) The Board of Adjustment shall hold a hearing on the matter in a meeting published in accordance with § 152.269 of this chapter. The complaint and possible solution will be considered at that time.

(3) A person who installs or causes to be installed various forms and types of lights as described heretofore in violation of this section and is subject to penalties outlined in § 152.999 of this chapter.

(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 501.7)

§ 152.088 BUILDING DESIGN.

The following elements of building design shall be incorporated in new construction and renovations as noted in § 152.085 of this chapter.

(A) Scale. Scale and proportion should reflect local traditions of mountain buildings. They should be oriented to the characteristic, simple residential buildings of the town. Texture of roof and wall finishes shall provide a scale or reference point for the pedestrian in proximity to the structure. In the C-2, M-E and M-U Districts, where structures already exist on a subject property. The maximum wall height of any new structure connected to existing structures shall not exceed the highest wall of the existing structure.

(1) Allowed.

(a) Thirty-five feet height maximum from average natural grade to roof (ridge height); existing contours shall be provided on the plat or site plans as part of the zoning permit application. Take the smallest rectangle inside the footprint and find the midpoint of each wall. The spot where each of these lines intersect is the point where the measurement will be taken for the height of the building; (See illustration on how to calculate the height of a building.)

(b) In areas where additional fill is needed in order to bring the height of a property up to a standard required by the ordinance, the height of a building would be measured from the center point of the location of the building beginning at finished grade. When constructing in a floodplain area, finished grade shall be defined as the minimum base flood elevation, plus ordinance defined freeboard;

(d) Residential scale;

(e) Structures using rectangular configurations;

(f) Street front having sense of entry;

(g) Use of stepbacks and architectural elements (windows, stairs, etc) to break up large masses of buildings;

(h) Pedestrian-oriented scale;

(i) Covered walkways;

(j) Canopies; and

(k) Planned Residential and Commercials Developments in the M/U with connections to existing tall buildings (over 35 feet) allow for the principal building to be 60% of the footprint and any additional interconnected buildings cannot exceed the footprint by 40%, making the total footprint 100%.

(2) Prohibited.

(a) Square or rectangular buildings in excess of 50,000 square foot of gross floor area, when constructed on an individual lot(s) and are not a part of a planned commercial or planned residential development containing less than three buildings in the C-2, M-E or M-U Zoning District;

(b) Continuous flat facades;

(d) Round buildings; and

(e) Geodesic domes.

(B) Exterior materials. Materials shall be selected for suitability to architectural style. For the mountain village character of the town, this means using natural traditional materials such as wood and native stone. All sides of a building should relate to each other. The front should not look substantially different from the other sides. The number of different materials on exterior finishes should be limited.

(1) Allowed.

(a) Use of materials native to mountain area;

(b) Wood siding (painted, stained or weathered);

(d) Native stone;

(e) True log construction;

(f) Log siding;

(g) Exposed wood structural members;

(h) Related trims;

(i) Where materials change, there should be a change in wall plane or some architectural device to give sense of transition;

(j) Cultured stone;

(k) Bark siding;

(l) Brick (allowed as accents for areas of detail - then, the brick shall be of constant color and of the wood mold type, no blends);

(m) Stucco, for two feet above grade only, or allowed as an accent for areas of detail;

(n) All ASTM approved cement board, at the discretion of the Architectural Review Committee or per requirement of the state’s Fire Code; and

(o) ASTM-approved commercial grade vinyl siding in the C-2 Zoning District only. (Siding must be a minimum of .044 inch grade and must be installed by someone who is certified by VSI or by a similar institution, manufacturer or supplier.)

(2) Prohibited.

(a) Stucco, as an entire wall exterior finish;

(b) Mix of materials unrelated to architectural form/structure;

(d) Exposed or painted concrete block;

(e) Vinyl siding;

(f) Artificial brick;

(g) Reconstituted or manufactured wood materials;

(h) Synthetic stucco;

(i) T1-11 siding (plywood);

(j) Split face block; and

(k) Non-ASTM approved cement board.

(C) Roofs. Roofs are a major visible element and shall be compatible with both buildings and neighboring buildings architectural style. Similarities in roof type create a visual continuity in the streetscape and neighborhood. Roof shape, color and texture should be coordinated with the treatment of the buildings perimeter walls. Roofs with more than one plane, and containing dormers, add variety to a building and break-up its size. Roofs outside of the allowed pitch slope may need to apply for a variance considering the type of building and how the slope would make the building look.

(1) Allowed.

(a) Any pitched roof must be 6/12 to 12/12 slope;

(b) Large overhangs (minimum one foot);

(d) Gable or hip roofs;

(e) Large roof areas should have more than one plane and be broken up with dormers;

(f) Roof pitches over porches and ancillary structures should be in keeping with principal building (minimum 3/12);

(g) Flat roofs with parapet only in zoning districts C-2, M-1, M-U and M-E; and

(h) Rooftop equipment specifications:

1. Screen rooftop mechanical, electrical and energy equipment from view of people on street;

2. Energy collection equipment on street side is allowed when mounted on roofs with pitch, of similar color, and are mounted flush with the roof;

3. Grouping together of utility structures (vents, ducts and the like) and painted to match adjacent building surface;

4. Exposed gutters and downspouts painted to match adjacent roof or wall material;

5. Earth tone colors for roof materials;

6. Traditional roof materials;

7. Wood shakes/slate/metal roofs/fiberglass shingles/concrete tiles;

8. Same materials on all principal parts of the roof; and

9. Asphalt composition shingles (artificial slate).

(2) Prohibited.

(a) Flat roofs, with exception noted above;

(b) Shed, gambrel, mansard roofs;

(d) Very steep slopes (over 12/12);

(e) Overhangs less than one foot;

(f) Brightly colored and unnatural looking roof material;

(g) Roll felt roofing; and

(h) Corrugated plastic sheet material.

(D) Windows. Windows are the most important architectural element to unify a facade. They reflect the character of a building. However, windows not only add to the aesthetics of a building, but also have to provide light and ventilation.

(1) Allowed.

(a) Traditional shapes (forms of square, arches or rectangle);

(b) Forms of residential scale;

(d) Vertical windows;

(e) Separate large windows (also for storefront windows);

(f) Separate large windows (including storefront) by columns;

(g) Accentuated by trim work; and

(h) Shutter specifications:

1. Should measure full height and half the width of all window; and

2. Traditional horizontal slats (wood).

(2) Prohibited.

(a) Horizontal windows;

(b) Large undivided panes of glass;

(c) Windows as dominant elements; a higher percentage of wall than window should exist on the facade. [Exception shall be made to retail establishments in the C-1 and C-1P Districts which rely on pedestrian traffic];

(d) Floor to ceiling windows greater than one story;

(e) Large horizontal strips of windows (ratio greater than 2:1) visible from the street;

(f) Glass block visible from street;

(g) Aluminum store front systems;

(h) Reflective glass;

(i) Plastic glazing materials; and

(j) Outside jalousies and jalousies windows visible from street.

(F) Color.

(1) General. Colors shall be natural and subdued (earth tones are recommended) and shall blend in well with the natural surroundings. Natural stains or paints that reflect the colors of natural materials should be dominant on large areas such as building facades and elevations. Openings and entryways should be clearly expressed with changes of texture or color. Trim color shall refer to any or all building’s trim elements (such as eaves, soffits, overhangs, fasciae, windows, sills, gutters). Principal building and trim colors are subject to review, also for repainting an existing building. If the color for repainting matches the existing, then no permit will be required.

(2) Prohibited.

(a) More than three colors of the town’s color chart and of like materials (principal building and trim);

(b) High gloss finishes;

(d) Bright colors, including pastels that do not harmonize with natural materials; and

(e) Earthtone stains.

(G) Additional height for certain M-U developments.

(1) For developments within the M-U Zoning District, the maximum height of such buildings may be up to 70 feet in height instead of the maximum height specified in division (A) above of this section, provided all of the following criteria are met:

(a) The property is located on a state highway;

(b) The building containing the increased height is set back from the highway at least 250 feet and at least 100 feet from all other property lines; and

(c) The property is located on a valley floor such that the adjacent ridgelines, at their average point, extend at least 70 feet above the top of the building as measured from the vantage point located on the state highway at the state highway's median elevation along the subject tract;

(d) For purposes of determining the elevations of the building, the median elevation of the state highway along the subject tract, and the adjacent ridgelines, the applicant must have such determinations certified by a North Carolina licensed surveyor.

(2) The formula to be used to calculate building height under this division (G) shall be the same as set forth in division (A) above of this section.

(Ord. passed 3-14-2005; Ord. passed 6-11-2007; Ord. passed 5-12-2014; Ord. passed 10-10-2016; Ord. passed 12-12-2016; Ord. passed 3-14-2019, § 502; Res. passed - -2019)

§ 152.089 HERITAGE DISTRICT OVERLAY SUPPLEMENTAL REGULATIONS.

(A) All development, whether new construction, additions or major renovations within the HOD shall be conditional in nature and shall require review by the Preserve America Commission (PAC) with a recommendation to the Planning Board. Additional consideration of the Medical Education (M-E) District may be required on a case-by-case basis.

(B) They shall also comply with all of the architectural standards in § 152.085 of this chapter, taking into consideration the elements of social, economic, political and architectural history of the town and additionally shall incorporate the following into their site design.

(1) All additions to existing structures must have prior approval of the PAC and the Planning Board before a zoning permit can be issued.

(2) No demolition of any kind shall take place in the HOD without prior review by the PAC and the Planning Board. If the Planning Board allows a building to be demolished, then anything rebuilt in its place will not increase the size of the previous footprint without approval.

(3) For new construction or rebuilding on any site within the HOD, sidewalks shall be provided along the street side and sidewalk or alternate pedestrian paths shall connect the building entrance to the sidewalk at street side. Sidewalks shall be designed to match the town’s Pedestrian Plan. Should it prove impossible to construct on the property in question, due to prevention by some other portion of the ordinance, inadequate feasibility or a hardship caused by land features, then an equitable fee in lieu shall be paid to the town to be used as the Town Council sees fit in other areas of the town. The fee shall be calculated by the linear footage of road frontage where the sidewalk should have been placed and the current rate to construct that amount of sidewalk.

(4) Buildings setbacks shall be reviewed on an individual basis providing for the consideration of pedestrian amenities and landscaping. Commercial sites should design for parking in back of the property with storefront access available to sidewalk traffic.

(5) Pedestrian amenities such as bike racks, benches, and trash receptacles shall be a component of the site plan and be provided at a distance of one per 200 feet by the developer taking into consideration the proximity of such amenities on adjacent properties. These amenities shall match the existing items as per the town’s Pedestrian Plan. Based on surrounding properties, pedestrian paths, vehicular traffic and residential property this requirement and the location of the amenities may be varied or waived at the discretion of the Planning Board with advice from the Zoning Administrator.

(6) Ornamental street lights, which match the existing town’s streetscape lights, shall be incorporated into parking lot and street designs.

(7) Any residential trash receptacles should be taken up on the property after they have been emptied and not left to linger at the edge of the road for the day ; possibly causing a traffic hazard. If one cannot bring the receptacles back up then the town has the authority to mandate door pick up service at the expense of the property owner.

(8) The town, at its option, may provide mail receptacles and require the use of such by the homeowner or tenant to which it is provided in the Heritage District Overlay. Damage to the town provided receptacles outside of normal wear and tear could be assessed to the resident up to the full replacement cost. The town may require that all new construction provide identical mail receptacles to those provided by the town.

(Ord. passed 2-9-2009; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 503)

§ 152.090 VIEWSHED DEVELOPMENT GUIDELINES.

The intent of this subchapter is to preserve the scenic beauty and natural environment of the town’s hillside areas vital to preservation of a high quality of life, preservation of the natural heritage and continued development that is critical to the economic future of the citizens of the town.

(A) All land development and construction clearly visible from section of N.C. Highways 184 and or 194 within a viewshed area. This section shall apply to all development within the viewshed area taking place after the adoption of this amendment, including single-family residences.

(B) The Zoning Administrator or his or her designee shall make an on-site inspection to determine if the development, as proposed, can be seen during any season of the year from major traffic corridors. The Zoning Administrator’s determination may be appealed to the Board of Adjustments in accordance with § 152.270 of this chapter.

(C) Person developing property in the viewshed shall strive to preserve foliage and trees on the property with a goal of minimizing the visual impact of the development from the major corridors. Clearing cutting is prohibited; however, considerations shall be given toward ensuring the safety of the structure to be constructed.

(D) All development in the viewshed shall include a plan for landscape buffering, in the line of sight of the major corridor, to reduce the extent, reasonably possible, of the visual impact of the development from the major corridors. Such plans, in the case of the construction of a single-family home, need not be “formal” or prepared by a landscape profession, but must be in writing sufficiently detailed to allow the Administrator to know what is planned.

(E) All development along ridgelines must be designed in an effort to reasonably minimizes the visual impact of such development as seen from the major traffic corridors. To this end, the Zoning Administrator may suggest a redesign of a site development plan or may require specific landscape buffering, such as trees and other plant material, to be installed. In spirit with this section, no structure shall make a silhouette or stand out against the sky on the ridges, as visible from the major traffic corridors.

(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 504)