Board Members:
Sec. 2-91. - Created; Rules of Procedure; Quorum; Meetings.
(a) There is created an Architectural Review Board which shall consist of five (5) Members and two (2) Alternates appointed by the Town Council.
(b) All rules set forth in section 2-76 shall apply.
(Code 1996, § 2-91; Ord. No. 235, § 1, 3-28-2006)
Sec. 2-92. - Jurisdiction; initial review and approval of Building Permits and landscape work; initial review of Sign Code Variances.
(a) No Building Permit for the exterior of any structure shall be issued by the Building Code Administrator without prior approval of the Town Council after initial review on an advisory basis only by the Architectural Review Board, as provided for in this article.
(b) No landscaping work which requires a Building Permit, other than routine maintenance of existing landscaping, whether or not the work requires a Building Permit, shall be commenced without the prior approval of the Town Council after initial review on an advisory basis only by the Architectural Review Board.
(c) Notwithstanding the provisions of subsection 2-154(b)(1), the Architectural Review Board shall initially consider, on an advisory basis prior to the final consideration for approval by the Town Council, all requests for variances from the strict interpretation of article IV, division 6, subdivision IV of the Town's Land Development Code pursuant to section 26-482. The Architectural Review Board may suggest appropriate conditions and safeguards during its initial review to be considered for adoption by the Town Council during its final hearing for approval of a sign code variance application; and the time frame applicable to any grant of such variance by the Town Council shall be the same as for all other types of variances granted pursuant to subsection 2-154(b)(1).
(Code 1996, § 2-92; Ord. No. 235, § 1, 3-28-2006; Ord. No. 269, § 1, 8-27-2013; Ord. No. 279, § 1, 6-23-2015)
Sec. 2-93. - Application Procedure; Site Plan.
(a) All applications for a Building Permit, and all requests for approval of landscaping work, and all requests for approval of amended plans pursuant to subsection 10-62(e), shall be made to the Building Code Administrator. If, in the opinion of the Building Code Administrator, the work contemplated by an application or request is of a minor nature and will not affect the beauty and appearance of the Town, the administrator may grant the permit or approve the amended plans, without submitting the matter to the Architectural Review Board for its approval, notwithstanding any other provisions of this section or this article.
(b) In all cases where Architectural Review is required, preliminary sketches of the design of a proposed structure, alteration, or proposed landscaping plan, shall be submitted to the Building Code Administrator for informal review so that an applicant may be informed of Architectural Review Board policies prior to preparing working drawings. If approved, the sketches shall serve as a guide in further consideration of the same proposed building or structure.
(1) The applicant, when subject to the requirements of this article, shall submit to the Building Code Administrator a site plan, as defined by subsection (d) of this section, exterior elevations, and an eight-inch by ten-inch photograph of the architectural rendering, and any other data as will assist the architectural review board and the Building Code Administrator in evaluating the proposed building or structure.
(2) All submitted plans and elevations shall be drawn by a state-licensed architect to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this article. The first sheet of each set of plans shall give the street address of the work and the name and address of the owner and the person who prepared them. The plot plan shall conform to subsection (d) of this section. Work not thus presented may be rejected by the Building Code Administrator.
(c) The Building Code Administrator shall refer the plans submitted pursuant to subsection (b) of this section to the Architectural Review Board at its next meeting. If the meeting is not scheduled within the period set for Architectural Review Board action, a Special Meeting shall be called. The Architectural Review Board shall act on the application within 30 days after the filing of full and complete data unless an extension of time is consented to by the applicant.
(d) The site plan submitted under this section shall be drawn to scale and shall indicate the following information:
(1) Dimensions and orientation of the parcel
(2) Location of buildings and structures, both existing and proposed
(3) Location of off-street parking, including pedestrian walkways
(4) Location of points of entry and exit for motor vehicles and internal circulation pattern and traffic signs
(5) Location of walls and fences and indication of their height and materials of construction
(6) Exterior lighting standards and devices
(7) Location and size of exterior signs and outdoor advertising
(8) The landscaping plan
(9) Any other architectural and engineering data as may be required to permit necessary findings that the provisions of all Town Ordinances are being complied with
(10) Where an attachment or minor addition to an existing building or structure is proposed, the site plan shall indicate the relationship of the proposal to the existing development
(Code 1996, § 2-93; Ord. No. 235, § 1, 3-28-2006)
Sec. 2-94. - Criteria for Approval of Applications.
(a) The Town Council shall approve, approve with conditions, or disapprove an application for site development, after initial review by the Architectural Review Board on an advisory basis; and such determination occurs only after consideration by both the board and the Council of whether the following criteria are deemed to have been met. Determinations by the Architectural Review Board and the Town Council shall be rendered at Quasi-judicial Hearings noticed at least ten (10) days prior to both the initial Advisory Hearing by the Architectural Review Board and the final hearing before the Town Council.
(1) The plan for the proposed building, structure, or landscaping plan is in conformity with good taste, and good design, and will in general contribute to the image of the Town as a place of beauty, spaciousness, balance, taste, fitness, charm, and high quality.
(2) The plan for the proposed building or structure provides for reasonable protection against external and internal noise, vibrations, and other factors which may tend to make the local environment less desirable.
(3) The proposed building, structure, or landscaping plan is not of inferior quality so as to cause the nature of the local environment to materially depreciate in appearance and value.
(4) The proposed building, structure, or landscaping plan is in harmony with existing or proposed developments on land in the general area.
(5) The proposed development is in conformity with the standards of this article and other applicable ordinances or laws insofar as the location and appearance of the buildings and structures are involved.
(b) If the requirements of this article and the above criteria in this section are deemed to have been met, the application shall be approved by the Architectural Review Board. Such advisory determination may also provide for either approval with suggested conditions or disapproval of the application in whole. Conditions may be applied when the proposed building, structure, or landscaping plan does not comply with the criteria contained in this article and shall bring the building, structure, or landscaping plan into conformity. If an application is disapproved by the Architectural Review Board, it shall detail in its rendered findings the criteria that appear not to have been met. The action taken by the Architectural Review Board shall be reduced to writing and signed by the Chairperson, and a copy shall be made available to the applicant and provided to the Town Council prior to the Final Hearing on the application.
(c) A decision or order of the Town Council or of the Building Code Administrator based upon such order shall become effective on the date which a ruling of the Town Council has been rendered.
(Code 1996, § 2-94; Ord. No. 235, § 1, 3-28-2006; Ord. No. 279, § 1, 6-23-2015)
Sec. 2-95. - Appeals Procedure.
Any appeals of the Town Council's final decisions as provided for in this article shall be to the circuit court of the 15th Judicial Circuit.
Appealing a Decision:
If any person desires to appeal any decision with respect to any matter considered at these meeting, such person may need a record of the proceedings; for this purpose, such person may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is to be based.
