Lochn'ora - Durham, North Carolina
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Architectural Review


Our Architectural Review Committee (ARC) is chaired by John Snyder.  Please contact John (401-4200) regarding any of your ARC concerns.   All applications should be submitted at least 30 days prior to the expected start of the project.  The Architectural Guidelines for Lochn'ora are posted below.  The application form for architectural review can be downloaded here:

Please note: contact info on the application is outdated - John Snyder is the chair now (see above!)

  APPLICATION FOR ARCHITECTURAL APPROVAL



Architectural Guidelines

Click here to download the Architectural Guidelines as a Word document.

 

 

LOCHN'ORA HOMEOWNERS ASSOCIATION

ARCHITECTURAL

GUIDELINES

 

(REVISED MAY 14, 1998, FEB. 21, 2000, NOV. 12, 2002)

 

I.                   General:

A.    Article V of the Declarations of Covenants, Conditions and Restrictions (which you should have received at closing) states that "no building, fence, wall or other structure shall be commenced, erected or maintained upon the properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three or more representatives appointed by the Board."

B.     This approval process is in place to ensure maintenance of a development that is aesthetically pleasing.  In addition, this process and the guidelines contained herein should serve to provide each homeowner protection of his investment.

C.     In an effort to ensure consistency in the Committee’s rulings as well as to provide guidance to homeowners as to what types of projects would generally be approved or not approved, the Committee has developed these written guidelines.  These guidelines are based on a synthesis of the best features of guidelines of other similar neighborhoods and have been structured, wherever possible, to create a context where individual tastes will not be sacrificed, but blended in such a way that overall property values will be protected.

D.    Notwithstanding the guidelines, the nature of design is a somewhat arbitrary process and not an exact science.  Consequently, the Committee will be making judgments based on the guidelines and individual situations.  No two sites are exactly alike and an improvement on one site is not necessarily appropriate on another; as such, every application will be evaluated on a case-by-case basis and prior approval of a given style does not constitute "automatic" approval.

E.     Note that it is the sole responsibility of the homeowner to ensure compliance with all relevant building practices, codes, permits, and licensing requirements as such matters are beyond the scope of the Committee's review.

F.      Installations and items existing as of December 5, 1991 which do not meet these guidelines and which have not been approved in writing by the Committee are "grandfathered;" however, such installations and items may not be replaced with like installations and items unless formally approved by the Committee.

G.    A legal transaction conveying real property within the development is considered to provide an alert prospective purchaser adequate opportunity to learn of the Declaration of Covenants, Conditions and Restrictions (which are legally recorded).  In any case, it is the responsibility of the real estate agent to inform purchasers of the existence of the homeowner's association and matters related thereto (e.g., dues).  However, at the writing of this document it appears some homeowners in the development were nevertheless unaware of these matters at the time of their real estate closing.  Further, it is considered desirable that prospective homeowners be made aware of these matters prior to closing.  It is suggested that the participation of selling property owners would facilitate this communication process. Therefore, please inform your real estate agent of these matters at such future date that you put your property up for sale.

 

II.                Application Procedures and Turnaround:

A.    Applicants should review the guidelines contained herein in detail and be aware of practices for this type of application in the neighborhood.

B.     As per the Covenants, the control of the Committee applies to any "...building, fence, wall or other structure ... or any exterior addition to or change or alteration therein." The list of additions or changes includes, but is certainly not limited to:

1.      Original construction of a dwelling.

2.      Additions (e.g., rooms, garages, greenhouses, screened porches, sunrooms, etc.).

3.      Storage sheds/playhouses including tree houses/gazebos, etc.  "Outbuildings").

4.      Fencing

5.      Repainting or refinishing any of the foregoing that involves color changes.  The proposed color changes shall be submitted to the Architectural Review Committee in the form of paint color samples for each specific application, i.e., house, trim, shutters, doors, etc. and each proposed color change shall be labeled with regard to its proposed application. (Note that the color palette is not limited to a restricted list, but extremely bright, offensive or "jarring” colors would likely not be approved.)

If a homeowner is unsure as to whether a particular project is subject to committee control, it is suggested that the homeowner contact a member of the Committee for clarification.

C.     Every application package must include a copy of the foundation survey.  If this is not available, a plat, site plan, or reasonable facsimile which shows the location of the proposed alteration or addition, the existing building, and the property lines may be acceptable.  Please refer to the attached specific requirements for other additional items and further clarification.  In order to expedite the review/approval process, at least four copies of the complete application package should be submitted.

D.    Turnaround time of approval process by the Committee will be as per Article V of the Covenants; that is, within thirty days of the plan having been submitted to the Committee.  In the event the Committee fails to approve or disapprove the plan within thirty days after the plan having been submitted to it, approval will not be required and Article V will be deemed to have been fully complied with. (Although the Committee will attempt to approve plans in less than thirty days, please plan on the process taking at least ten days.  Given the Committee members' different schedules, it is sometimes difficult to canvass the Committee in a short period of time, even by telephone.)

E.     In some cases, improvement projects greatly affect the surrounding neighbors.  The Committee feels very strongly that neighbors should be consulted regarding any changes, which may ultimately affect them.  Although final approval rests with the Committee, the Committee will speak to your immediate neighbors concerning your proposed plans as it considers necessary/appropriate, Your application should include the names of all your neighbors whose properties border yours, including property owners on both sides, across the street, and behind and whether you have spoken to them regarding your plans.  In situations where the Committee deems it necessary/appropriate to consult with neighbors, the Committee anticipates generally notifying the neighbors in writing of the proposed plans and providing them the opportunity to obtain (or review) a copy of the plan documents.  A neighbor not requesting a copy of the plan documents will be considered as having no objections.

F.      The applicant will be notified in writing of the Committee’s approval or disapproval of the proposed plans.  No project may be started without formal Committee review and approval. (It is further suggested for the convenience of the homeowner that materials for the project not be purchased prior to such approval.) Upon completion of your project, the Committee may inspect it in order to ensure compliance.  You will be notified in writing if your project is deemed to be not in compliance with the previously approved plan.  If the project is not brought into compliance (or if plans for a project were not submitted in advance), the Committee and the Board of Directors will use all avenues available to obtain compliance as outlined in the Covenants.  Such avenues include (but are not limited to) requiring removal or amendment of the project. (Community input will be considered as a factor when deciding what action(s) is (are) appropriate in the circumstances,) The failure to enforce the Declaration of Covenants, Conditions and Restrictions will not constitute a waiver of such right.

G.    Any homeowner whose plans are not approved by the Committee has the right to appeal the decision to the full Board of Directors of the Homeowners Association.

III.             Specific Guidelines for Indicated Types of Improvements:

A.    Original Construction of Dwelling

 

1.      General Considerations

No specific architectural styles will be imposed and all architectural styles will be accepted unless it is deemed to be highly unusual and inconsistent with the general character of the neighborhood.  Simple massing and clean design are desired.  Many windows of different sizes and shapes, multi-directional siding, towers, too many materials, "wild" shapes, etc. might jeopardize approval of a design.

 

2.      Specific Details

a)      The finished and unfinished living area of the house, exclusive of garages and porches, shall not be less than 2000 square feet.

b)      Houses will be constructed with a garage or carport.

c)      Houses will be constructed with a minimum of three bedrooms and a minimum of two bathrooms-, houses with four or more bedrooms should have a minimum of two and one-half bathrooms.

d)     Garages or other outbuildings may not include a second dwelling unit (commonly referred to as garage apartments or mother-in-law suites) and will not be approved.  Such living units may be approved as part of the main dwelling on the property, subject to the standard review required for all improvements.

e)      Driveways must be paved,

f)       Houses should be stained or painted; natural wood finish and semitransparent stains will be generally discouraged.  The color palette is not limited to a restricted list, but extremely bright, offensive or "jarring" colors would likely not be approved.

g)      The same house design should not be repeated side-by-side on the same street unless the exteriors are substantially different in design. The decision as to whether a design is "substantially different" enough will be at the discretion of the Committee.

 

3.      Application

 Your application should include:

a)      A plot plan (plat, site plan or reasonable facsimile) showing the location of the proposed house and the property lines.

b)      Plans professionally drawn by an architect, engineer or approved design service and meeting prevailing building codes.  Plans drawn by the prospective homeowner or builder (unless he is an architect or engineer) will normally not be accepted for review by the Committee.  If the plans include penciled or sketched changes the Committee reserves the right to require professionally- drawn revised plans.

c)      Samples of exterior colors and materials.

d)     Inasmuch as the application procedures at Section II request that four copies of the complete application package be submitted, all but one copy of any blueprints submitted will be returned with the Committee's response.

 

B.     Additions (e.g. rooms, garages, greenhouses, screened porches, sunrooms:

1.      General Considerations

a)      Additions often have an impact on neighboring property.  Plans must be well thought out to minimize any adverse aspect.  Applicants should consult with neighbors when making plans.

b)      Concept drawings or preliminary plans may be submitted for review and comment before more detailed plans are made.

2.      Specific Details

a)      The design must be compatible in scale, massing, character, materials, and color with the original house.  Garages or other outbuildings may not include a second dwelling unit (commonly referred to as garage apartments or mother-in-law suites) and will not be approved.  Such living units may be approved as part of the main dwelling on the property, subject to the standard review required for all improvements.

b)      If possible, the location of the addition should not have an adverse impact on neighboring properties or impair the view of neighbors.

c)      Additions should be located to minimize the removal of trees and the destruction of natural areas.  The Committee's approval may stipulate supplemental landscape treatment to compensate for the removal of vegetation or to soften the addition visually.

d)     New windows and doors should match and be located to relate well with existing windows,

e)      Changes in grade or drainage must not adversely affect adjacent property.

f)       If possible, roof pitch should match or be compatible with the original roof

 

3.      Application

Your application should include:

a)      A plot plan (plat, site plan or a reasonable facsimile) showing the location of the proposed alteration or addition, the existing house, and property lines.

b)      The Committee anticipates additions contemplated by this section would typically involve plans professionally drawn by an architect or engineer or approved design service.

c)      Drawings with photographs showing the existing conditions and the proposed changes.

d)     Samples of exterior colors and materials if different from existing house.

 

C.     Storage Sheds/Playhouses/Tree Houses/Gazebos, etc. (“Outbuildings”)

1.      General Considerations

a)      As with additions, the design and particularly the placement of outbuildings may have an impact on neighboring property.  Plans must be well thought out to minimize any adverse impact.  Applicants should consult with neighbors when planning any outbuilding including all of the above examples.

 

2.      Specific Details

a)      Outbuildings including all of the above examples, may be located in rear yards only  (defined as being no closer to the front of the property than a point on the property line even with the rear corners of the house)

b)      When selecting the precise location in the rear yard for an outbuilding, views from adjacent property should be considered.  The Committee may require additional landscaping to screen or visually soften the outbuilding.

c)      As with additions, the design should generally be compatible with the architectural details of the existing house (e.g., materials, colors, roofing, etc.). Outbuildings located in natural areas may be painted or stained to blend with the background.

d)     The Committee anticipates that outbuildings will generally be constructed of wood with wood siding.  Prefabricated metal storage sheds are not acceptable.

e)      Outbuildings should have a pitched roof.

f)       The foundation of the outbuilding should be built on a slab or normal enclosed foundation, or should otherwise have an enclosed appearance.  Proper grading of the site so as to "sink" the outbuilding into the ground and/or siding to grade are acceptable means of disguising awkward foundations.

g)      Approvals of outbuildings typically stipulate that there must be appropriate landscaping around the building.

 

3.      Application

Your application should include:

a)      A plot plan (plat, site plan or reasonable facsimile) showing the location of the proposed outbuilding, the existing house, and property lines,

b)      A description and the dimensions of the outbuilding (ideally including a photo or drawing of the design of a similar existing outbuilding).

 

 

 

D.    Fencing:

 

1.      General Considerations

a)      Fencing is a very sensitive issue in that fencing can detract from the open character of Lochn'ora and may have both a visual and physical impact on adjoining property.

b)      The "community standards" by which any fence is evaluated are by definition somewhat arbitrary.  A fence that may be appropriate for one area of the development may not be for another and each fence application will be evaluated on a case-by-case basis.  Factors taken into consideration will include height of the proposed fence, visibility from the road, style of fence in relation to architectural design of the house and compatibility with existing adjacent fences, if any.  Reaction and input from the community in the area of the proposed fence will be taken into account when considering the approval of a specific fence.

c)      The Committee feels very strongly that neighbors should be consulted regarding proposed fences.  In certain situations, approval of fencing which is at variance with Committee guidelines and/or past practice may be contingent upon input from adjacent property owners that they do not object to the specifics of the proposed fence and/or may stipulate additional landscaping to screen or visually soften the fence.  Your neighbors will be called and a strong objection will result in disapproval, (Such consultation of adjacent property owners by the Committee will be on a strictly confidential basis.)

d)     In general, fencing should only be used for restricting the movement of children or pets, and/or to increase the aesthetic appeal of the property.  Privacy concerns should be addressed with landscaping, trees, and planting whenever possible.  An open style fencing (e.g. picket) and construction from natural materials is preferred. The finish should be either a clear stain or a color that either matches or complements existing buildings on the property. Natural weathering is discouraged.

2.      Specific details

a)      Approved materials include brick or mortared flagstone, treated wood, cypress, cedar, or redwood.  All materials must match or complement the construction material of existing buildings on the property.

b)      Unapproved materials include unmortared brick or stone or untreated wood that is not naturally rot resistant. Horizontal flat board (“farm style”) fences shall not be approved.

 

c)      Chain link or wire mesh fencing will only be approved for constructing pet or garden enclosures.  All enclosures made from chain link or wire mesh (particularly prefab chain link dog runs) should be constructed so that they are not easily visible from adjoining properties or the street, and must be screened from view from the street and adjoining properties by using trees, shrubs, plantings or a fence or wall constructed from approved materials.

d)     Generally, fencing higher than 48 inches from the natural grade is discouraged.  Approval of fences higher than 48 inches from the natural grade may be contingent upon input from adjacent property owners that they do not object to the proposed fence and/or stipulate additional landscaping to mitigate a "stockade " appearance. Fences higher than 60 inches shall not be approved. All fence installations must also comply with the appropriate provisions of the City Zoning Ordinance.

e)      Fencing must be located no closer to the front of the property than a point on the property line even with the rear comers of the house.  Ornamental fences and/or gates will not be permitted in front yards.

f)       Vinyl-coated wire mesh used to increase security as part of an "open" fence design must be placed on the inside of the fence and must be black or black-green in color.

g)      Fencing finished on only one side must be constructed with the finished side facing out.

h)      Fences should be located so that trees do not have to be removed.

 

2.      Application

Your application should include:

a)      A plot plan (plat, site plan or reasonable facsimile showing the location of the proposed fence, the existing house, and property lines.

b)       

c)      A description and drawing of the fence design, including dimensions.

d)     A description of the materials to be used in construction and finishing.

e)      Color chips of finishing colors if the fence does not match the color of existing buildings on the property.

f)       A commercial design plan or photo of a similar existing fence is very helpful.  Please include a photo, drawing or design plan that can be retained by the Committee as part of the application file until all construction and finishing work on the fence or enclosure is complete.  If requested, the photo, drawing or design plan will be returned at that time.

 

 

E.     Miscellaneous Items:

   

NOTE:  The "grandfather" clause at Section I. F. of these guidelines is hereby specifically excluded from coverage of this section.  The Committee reserves the rights to require removal of any items in this section which the homeowners of the development find objectionable.

 

1.      Dog Houses - should be located so as not to be obtrusive and painted or stained to blend with the house and/or natural landscaping.  Formal committee review/approval not required.

 

2.      Play equipment - should be placed in rear yards.  Consideration should be given to lot size, equipment size, amount of visual screening, and relationship to neighboring property.  Formal committee review/approval not required except for playhouses/tree houses (see Section C).

 

3.      Swimming Pools – above ground swimming pools will not be approved.

 

4.      Satellite Dishes or Antennas - radio or television transmission or reception towers, antennas or dishes exceeding 36" in diameter will not be approved.  Mini-dish systems shall be mounted so as to be unobtrusive and should be screened in some fashion such as with shrubbery, whenever possible.

 

5.      Clotheslines - permanent clothesline structures will not be approved and should not be erected on any lot.

 

6.      Trailers, Buses, Motor Homes, Campers, Boats, etc. – trailers, buses, motor homes, campers including pop-up types, boats, etc. are not to be kept on any lot or parked in one's driveway or on the street or road adjacent thereto for more than two (2) consecutive weeks; provided however, that such items may be parked in an enclosed garage or on one's lot if the item is screened from view from both the street and adjoining lots.  The committee shall approve screening plans and materials.

 

7.      Outdoor Ornaments and Yard Art – the Committee has determined not to develop guidelines on such decorative items; however, a homeowner displaying an item which is deemed offensive by surrounding neighbors may be asked to remove it.

 

8.      Mailboxes - mailbox posts are to be made out of wooden or metal      4" X 4" material.

 

9.      Repainting or Refinishing any Exterior Improvements that Involve Color Changes – The proposed color changes shall be submitted to the Architectural Review Committee in the form of paint color samples for each specific application, i.e., house, trim, shutters, doors, etc. and each proposed color shall be labeled with regard to its proposed application.  (Note that the color palette is not limited to a restricted list, but extremely bright, offensive or “jarring” colors would likely not be approved.)

 

10.  Other – There are many other items too numerous to address.  It is suggested that your primary consideration be any visual impact on your neighbors.