The Town Zoning Ordinance requires review of all residential and commercial additions, accessory buildings and all accessory structures*.
Projects that are not totally in compliance with the current Zoning Ordinance are first reviewed by the Board of Adjustment. The Board of Adjustment reviews all applications for Conditional Use Permits and Variances before the project may proceed to the Design Review Board
ALL plans must be reviewed before a Certificate of Zoning Compliance is issued.
*Accessory structures include everything that has "location on the land or attachment to something having permanent location on the land" (ZO 401.56) such as, but not limited to, driveways, detached garages, sheds, fences, walls, curbs, wells, pools, fountains, etc.
If you are not sure what constitutes an accessory structure, please call the Town Hall 828-274-0824 to speak with the Town Planner.
Any land activity such as grading of a lot or removal of natural vegetation that involves twenty percent (20%) or more of the land area of a lot, can only be done after a plan has been submitted and approved by the Board of Adjustment.
The Town of Biltmore Forest was incorporated in 1923, and was determined eligible for Determination as a Historic District by the U.S. Department of Interior in March 1990. The idea of preserving and enhancing nature is at the core of the beauty of Biltmore Forest and helps guide the ordinance makers, administrators, developers, and residents of the Town. This is why the controls in our community are very tight in order to preserve and protect the natural beauty of the community.
ADVISORY FROM THE BOARD OF ADJUSTMENT OF THE TOWN OF BILTMORE FOREST IS REQUIRED FOR ALL APPLICANTS
This advisory is written to better inform applicants of the requirements for seeking a variance or conditional use permit. Our town of Biltmore Forest is a beautiful community. In order to maintain and protect this natural forested environment and the general welfare of this community certain ordinances have been enacted by the Board of Commissioners of the Town of Biltmore Forest under the laws of North Carolina. The spirit of these ordinances must be uniformly followed.
When seeking a Conditional Use Permit, it is important to submit sufficient information for a decision, i.e., specific dimensions, design, and buffering of a proposed fence, wall, etc. Standards for a conditional use permit are listed in Section 1005.03, Conditional Uses, pp. 31-33, in the Town of Biltmore Forest Zoning Ordinance manual, or under Code of Ordinances.
When seeking a Variance, certain conditions must exist and a hardship must be evident. A variance can not be granted without proof of a hardship that is peculiar to the property, i.e., shape, topography, tree preservation, etc. Please review Section 1005.04, Variances, in the Town of Biltmore Forest Zoning Ordinance before submitting your application.
The Board of Adjustment represents you and your neighbors. Granting a variance cannot confer upon an applicant any special privileges that are denied to other residents of Biltmore Forest. Our duty is to see that substantial justice is done. By reviewing the conditions of the ordinances and providing adequate evidence in your application, it is our intent that your application process can move in a smooth and expeditious manner.
Schedule of Fees for The Town of Biltmore Forest
The Board of Adjustment meets on the third Monday of each month, unless otherwise announced. Please stay up to date with upcoming meetings by using the Town's Calendar of Events.
All applications, fees, drawings, and anything else pertinent to your project is due in full, three weeks prior to the upcoming Board of Adjustment Meeting. Failure to compile all necessary documents within the due dates of each Board of Adjustment Meeting may result in delay of your project being presented before the Board of Adjustment to the following meeting, the following month.