Biltmore Forest City Zoning Code
DESIGN REVIEW
BOARD
§ 153.125 PURPOSE AND INTENT.
(A) The Town Board of Commissioners finds that new development has a substantial impact on the character of the area in which it is located. Some harmful effects of one land use upon another can be prevented through zoning, subdivision controls, and building codes. Other aspects of development are more subtle. Among these are the general form of the land before and after development and the spatial relationships of the structures and open spaces as they contribute to an area as it is being developed. Such matters require the timely exercise of judgment in the public interest by people qualified to evaluate the design of new development.
(B) The design review process is intended to encourage residential and commercial developments which exemplify the best professional design practices and to promote the historic character of the town. The procedure is established to encourage individual identity for specific uses and structures; to enhance property values in the town and adjoining neighborhoods; to respect each individual site and its environmental qualities; and to minimize visual disharmony resulting from unrelated and poorly designed development.
(C) The purpose of this subchapter is to establish minimum standards for the exterior design of commercial, office, and residential structures, and to ensure high quality of development, redevelopment, and compatibility with evolving architecture or planning themes that contribute to a community image of quality, visual aesthetics, permanence, and stability which are in the best interest of the citizens of the town. These standards are intended to prevent use of materials that are unsightly, rapidly deteriorate, contribute to depreciation of area property values, or cause urban blight.
(D) These standards are further intended to ensure coordinated design of building exteriors, additions and accessory structures’ exteriors in order to prevent visual disharmony; minimize adverse impacts on adjacent properties from buildings which are or may become unsightly, and buildings that detract from the character and appearance of the area. It is not the intent of this subchapter to unduly restrict design freedom when reviewing and approving project architecture in relationship to the proposed land use, site characteristics, and interior building layout.
(Ord. passed 10-19-1983; Ord. passed
6-8-2021)
§ 153.126 COMPOSITION OF DESIGN REVIEW BOARD AND MEETING PROCEDURE.
(A) The Town Board of Commissioners hereby establishes a Design Review Board.
(B) The Town Board of Commissioners shall appoint five resident members. A minimum of two members shall come from the disciplines of architecture, landscape architecture, landscape contractor, licensed general contractor, or like disciplines.
(C) Members of the Design Review Board shall serve for terms of three years, and may be reappointed. The terms of the original members may be staggered so that not all terms expire simultaneously. Vacancies shall be filled for the unexpired term only.
(D) The Board shall meet when it has business to discuss, and otherwise has no set meeting schedule.
(E) The Board of Commissioners shall also appoint one alternate member to serve on the Design Review Board in the absence, for any cause, of any regular member. Such alternate member, while attending any regular and or special meeting of the Board and serving in the absence of any regular member, shall have and exercise all powers and duties of such regular member so absent.
(Ord. passed 10-19-1983; Ord. passed 6-8-2021)
§ 153.127 DEVELOPMENT SUBJECT TO DESIGN REVIEW.
The following types of development shall be subject to review by the Design Review Board:
(A) All new commercial buildings and new accessory and/or appurtenant buildings;
(B) All exterior expansions, additions, alterations, and modifications of existing commercial buildings and their accessory and/or appurtenant buildings;
(C) All new single- and multi-family dwellings and new accessory and/or appurtenant buildings;
(D) All exterior additions, alterations, and modifications to existing single- or multi-family dwellings and accessory and/or appurtenant buildings;
(E) All new accessory and appurtenant buildings on the premises of existing dwellings;
(F) Driveway redesign or realignment for new and existing residential and commercial buildings; and
(G) Any mechanical equipment when it is installed as part of a new commercial building.
(Ord. passed 10-19-1983; Ord. passed 6-8-2021)
§ 153.128 APPLICATION REQUIRED TO BE FILED.
(A) The property owner or authorized agent shall supply all required information and fill out an application form available in the Town Hall. Completed applications shall be considered by the Design Review Board within 30 days and sooner if possible.
(B) Applications shall be submitted at least two weeks prior to the meeting in order to give the Board members adequate time for study.
(Ord. passed 10-19-1983; Ord. passed
6-8-2021)
§ 153.129 DUTIES AND POWERS OF THE DESIGN REVIEW BOARD.
(B) (1) The Design Review Board has the authority to review plans and recommend redesign of a building or driveway.
(2) The Board’s comments on an application are intended to assist property owners and developers in building structures that are in harmony with the town’s aesthetic and historic character, which will lead to increased property values and aesthetically pleasing structures and environments.
(Ord. passed 10-19-1983; Ord. passed
6-8-2021)
§ 153.130 SUBMITTAL REQUIREMENTS.
(A) The applicant shall submit the following information for all residential structures:
(1) Site plan;
(2) Floor plans; and
(3) Exterior elevations, including type and color of all exterior building materials, awnings, exterior lighting, and fencing.
(B) In addition to division (A) above, applicants for commercial structures shall submit the following information:
(1) Elevations and dimensions of all sides of existing and proposed buildings, including roof mechanical equipment, vents, chimneys, or other projecting items above the roof line;
(2) Elevations and dimensions of all existing or proposed solid waste and recycling containment areas;
(3) Type and color of all mechanical screening material, metal flashing, and the like;
(4) In order to aid in evaluating the exterior design, the applicant shall submit schematic floor plans showing, if applicable, window locations, doors, loading docks, projected interior layouts, seating, bar areas, waiting areas, vestibules, storage areas, food preparation areas, interior trash, or recycling space and the like;
(5) The height, location, and screening materials for heating, air conditioning, and ventilating and electrical equipment;
(6) Colored exterior building elevations, exterior building, and finish material samples and color pallets; and
(7) Other information as required.
(Ord. passed 10-19-1983; Ord. passed
6-8-2021)