The Board of Zoning and Architectural Review (the "Board") is hereby created and established pursuant to Section 8.1b of the Home Rule Charter. It shall consist of one (1) Chair and six (6) regular members, to be appointed by the Town Council. Ex officio members shall include the Building Inspector and the Town Manager. The Board members shall be residents of the Town for one (1) year, shall hold no other office of the Town and shall serve without compensation unless the Town Council shall, by ordinance, fix compensation for service on the Board.

(Prior code 15-2-26; Ord. 22 §1, 2000; Ord. 4 §1, 2009)

In appointing members to the Board, the Town Council shall give due consideration to maintaining a balance of interest and skills of the individuals on the Board and to the individual qualifications of any member.

(Prior code 15-2-26)

The Board, at its first regular meeting of each year, shall appoint a Chair and Vice Chair.

(Prior code 15-2-26; Ord. 22 §3, 2000)

(a)

No member of the Board shall be removed from office by the Town Council except for just cause shown after notice and hearings. Just cause includes, but is not limited to:

(1)

Frequent nonattendance at Board meetings;

(2)

Failure to disclose conflicts of interest; and

(3)

Violation of the terms of this Article.

(b)

After a motion to remove a Board member is made and duly seconded, the Board member sought to be removed shall be given ten (10) days' written notice of the hearing at which the motion shall be considered, and shall be afforded an opportunity to appear. The notice shall specify the grounds upon which the removal motion is based. If, at said hearing, a majority of the entire membership of the Board votes in favor of removal, the matter shall be referred to the Town Council, which shall finally determine, by a majority of those attending its next public meeting, whether or not just cause for removal exists.

(Prior code 15-2-26; Ord. 22 §1, 2000; Ord. 4 §1, 2009)

The Board shall establish a regular meeting date not less than once a month, at a time and place to be established by the Board. Special meetings shall be held at the call of the Chair or any two (2) members of the Board. All meetings shall be open to the public.

(Prior code 15-2-26)

(a)

The Board shall adopt rules of procedure and keep a record of any and all proceedings of the Board, pursuant to the records retention schedule adopted by the Town.

(b)

Board meetings shall be recorded for the purpose of creating a record thereof. Such recording shall constitute the official minutes of the Board and shall be maintained by the Town Clerk as such. Written action minutes constituting the motion, second and vote shall be maintained by the Planning Department and approved by the Board.

(Prior Code 15-2-26; Ord. No. 19, § 1, 9-5-2023)

A quorum of the Board shall consist of four (4) members.

(Prior code 15-2-26; Ord. 22 §4, 2000)

The concurring vote of a majority of Board members in attendance shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector or to decide in favor of the applicant regarding any matter upon which it is required to pass under this Article. A concurring vote of three (3) members shall be required to overturn any joint decision of the Building Inspector and Chair of the Board.

(Prior code 15-2-26; Ord. 22 §5, 2000; Ord. 4 §1, 2009)

(a)

Establishment. The Board shall establish a Design Review Committee (DRC) that shall review all applications requesting approval for architectural appropriateness. The DRC shall be charged with advising both applicants and the Board on the appropriateness of proposals with regard to the Design Guidelines. The DRC shall make recommendations to the Board to approve or deny applications (or submit a "no recommendation" comment). All applicants requesting architectural approval must attend at least one (1) meeting of the DRC. Proponents may choose to attend as many DRC meetings as they elect, provided that they waive their right to a decision within sixty (60) days after receipt by the Building Department of a complete application, after the second DRC meeting. However, at any time after an application has been reviewed by the DRC at two (2) meetings of the DRC, the DRC may forward the application to the Board with a recommendation (or a "no recommendation" comment). If an applicant desires review before the DRC for more than two (2) meetings, and the application has not been forwarded to the Board, then the applicant shall pay an administrative fee set by the Building Official per DRC meeting for each meeting in excess of the two (2) permitted. Applicants may also request review by the full Board after the initial DRC meeting.

(b)

Members. The DRC shall consist of two (2) members of the Board of Zoning and Architectural Review and one (1) member of the Town staff. The members of the DRC shall be appointed by the Board and shall serve three-month terms. The Town staff member shall be appointed by the Building Official, who shall determine the term of said appointment.

(c)

Meetings. The DRC shall meet a minimum of once per month, unless there are no applications scheduled for review. All meetings of the DRC shall be open to the public. The Board meetings on applications shall continue to constitute the public hearing process.

(d)

Powers. The DRC shall make recommendations to the Board. In order to make a recommendation, the DRC must agree unanimously. Less than unanimous agreement will cause the project to be forwarded to the Board with a "no recommendation" comment and written text outlining the reasons for the lack of recommendation. All recommendations made by the DRC are advisory in nature and nonbinding upon the Board. However, the determinations of the DRC are binding with respect to a finding of in substantialness, if said request for an insubstantial determination is referred to the DRC by the Board Chair. The DRC may consult with proponents on an informal and nonbinding basis in the absence of a complete or formal application.

(Prior code 15-2-26; Ord. 22 §6, 2000; Ord. 4 §1, 2009)

(a)

The Board shall have the following powers:

(1)

To hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector under this Article.

(2)

To hear and decide, or make recommendations on, all matters referred to it in accordance with the provisions of this Article.

(3)

To authorize, in specific cases, a variance, conditional use permit, PUD, special development permit or conditional waiver of the application of this Article as provided for in this Article.

(4)

To issue special development permits as provided in this Article.

(5)

To review and decide on the appropriateness, both architecturally and historically, of any building permit pertaining to the erection, demolition, moving, reconstruction, restoration, improvement or alteration of any structure in the Town.

(6)

To make such recommendations to the Town Council that would benefit the Town in an aesthetic, historic and architectural way.

(7)

To review and decide on the appropriateness of a site plan, including but not limited to landscape, parking, trash storage and removal, setbacks, lighting and signage.

(8)

To promulgate guidelines and regulations and to provide such information to owners, developers or builders that would help them meet the requirements of this Article.

(9)

To suggest to the Town Council particular planning studies which should be undertaken.

(10)

To waive the requirement for an application going before the Board and the consequent publication, if all of the following conditions are met:

a.

The application includes all the required plans;

b.

The application does not require a conditional use, conditional waiver or variance; and

c.

The restoration, improvement, alteration or construction as a whole is judged by the Building Inspector and one (1) member of the Board designated by the Board to be insubstantial as defined in Section 16-1-20 of this Chapter and totally in keeping with all applicable ordinances, codes and policies of the Board. The determination by the Building Inspector and a designated Board member that a restoration, improvement, alteration or construction is insubstantial shall be deemed to constitute the waiver by the Board as a whole of the requirement for an application going before the Board, it being the express purpose of this Section to delegate to the Building Inspector and a designated Board member the power to waive the requirement of going before the Board. However, it shall be the duty of the Building Inspector to report any and all such insubstantial waivers to the Board as a whole at the first Board meeting following said determination that a project is insubstantial.

(11)

To recommend changes to the Town Council affecting this Chapter, Chapter 17 of this Code and the Design Guidelines, and to interpret and implement these regulations consistent with the stated goals and intent of the Town.

(b)

In exercising its powers and duties under this Chapter, the Board shall, at all times, act so that the spirit of the Chapter shall be observed and that public safety and welfare are secured and substantial justice done.

(Prior code 15-2-26; Ord. 5 §14, 1995; Ord. 22 §9, 2000; Ord. 4 §1, 2009)

(a)

A decision on each phase of an application for a P.U.D. shall be rendered within ninety (90) days of receipt of a complete application for each phase. Upon referral from the Building Inspector of any complete application for a building permit, consideration of architectural appropriateness, consideration of appropriateness of site plan, conditional use, conditional waiver, variance or special development permit, the Board shall hold a public hearing on the application and render a decision within ninety (90) days. This ninety-day limit on a decision shall be waived if the applicant alters his or her plans or representations, or agrees to a continuance of the public hearing. The failure of the Board to render such decision within the time limits herein set forth shall be deemed and considered affirmative action on any appeal from the Building Inspector or in granting any requested action.

(b)

An application shall be classified as special review if the building permit is in a "B1", "B2" or "B3" Business District or if the Building Inspector and Board Chair determine that the size and scale of the proposal, intensity of proposed use, anticipated traffic and parking problems, requested conditional uses and variances or similar development factors are significant as compared to existing neighborhood context.

(c)

Notice of any public hearing shall be given at least ten (10) days in advance of the public hearing by publication in the official newspaper of the Town and by posting the notice of said public hearing on the subject lot or building, which posted notice shall be of a size of at least twelve (12) inches by twenty-four (24) inches. Notice of all building permit applications for new principal buildings and, as determined by the Building Inspector and Board Chair, new accessory buildings and major additions to or renovations of existing structures, shall include publication of a general schematic drawing (elevation) showing the front facade or other relevant facade of the structure as proposed. Notice of all special review applications shall include publication of a three-dimensional perspective drawing of such building or structure showing its facade and relationship to neighboring structures, and a street map showing the location of the proposed building or structure. These notice requirements shall not apply to sign permit applications and matters deemed insubstantial pursuant to Paragraph 16-22-100(a)(10) of this Article.

(Prior code 15-2-26; Ord. 4 §14, 1991; Ord. 22 §§10, 11, 2000; Ord. 7 §1, 2004; Ord. 4 §1, 2009)

(a)

Prior to the public hearing on any building permit application, the applicant shall file with the Building Inspector an interior layout plan showing the dimensions and interior configurations of the building or structure.

(b)

Prior to receiving a building permit, the applicant shall file with the Building Inspector plans and specifications of sufficient clarity and detail so that a determination can be made that said building or structure is in full conformity with this Code and all applicable Town, county, state, federal and any other governmental codes pertaining to such building, structure or use.

(Prior code 15-2-26)

At any public hearing, the applicant and any resident or taxpayer of the Town who desires to advocate or oppose the application may appear in person or by his or her agent or attorney.

(Prior code 15-2-26)

The Board shall render its decision within ninety (90) days of receipt of a complete application for a building permit, conditional use, conditional waiver, variance, P.U.D. or special development permit.

(Prior code 15-2-26; Ord. 22 §12, 2000; Ord. 7 §2, 2004)

Any decision by the Board may be appealed to the Town Council upon receipt by the Town Clerk of a written request filed within seven (7) days of the Board's decision by: the applicant; a current payer of property taxes in the Town or an individual who is currently registered to vote in the Town who appeared personally or who participated in the hearing in writing before the Board; or the Town Council upon passage of a motion at a regular or special Town Council meeting requesting such appeal. Any person filing an appeal which is determined by the Town Council to be frivolous or groundless may be required to pay the attorneys' fees incurred by the prevailing party and the Town to resolve the appeal. Upon receipt of such appeal, the Town Council shall schedule a public hearing to consider the appeal. Notice of said hearing shall be published once in the Town's official newspaper, at least ten (10) days prior to said hearing. At said appeal hearing, the Town Council shall consider the application and render a decision based upon the requirements and considerations of this Article. Unless the Town Council adopts a motion to overrule the Board, the Board's decision shall stand.

(Prior code 15-2-26; Ord. 4 §3, 1992; Ord. 22 §22, 1992; Ord. 11 §11, 1993; Ord. 4 §1, 2003; Ord. 4 §1, 2009)

The decision of the Town Council shall be final, subject only to judicial review as provided by state statutes. No judicial review of a decision of the Board may be taken unless such appeal or judicial review is filed in the proper court within sixty (60) days following the date of the decision of the Town Council on the appeal to that body.

(Prior code 15-2-26)

The Chair of the Board shall receive as compensation for his or her services the amount established by motion of the Town Council at any regularly scheduled Town Council meeting, payable by the Town in such installments during the year as shall be designated by the Town Manager.

(Prior code 15-2-26; Ord. 8 §8, 1988; Ord. 12 §1, 1989; Ord. 22 §15, 1992)

Each member of the Board, other than the Chair, shall receive as compensation for his or her services for each regular meeting, DRC meeting or special meeting of the Board which he or she attends in such capacity as to count toward the quorum of said Board for the purpose of carrying on its business, the sum established by motion of the Town Council at any regularly scheduled Town Council meeting, payable by the Town in such installments during the year as shall be designated by the Town Manager.

(Prior code 15-2-26; Ord. 12 §1, 1989; Ord. 22 §15, 1992; Ord. 22 §13, 2000; Ord. 4 §1, 2009)