(A) Purpose. The purpose of this section is to preserve the aesthetically pleasing character of the Village of Diamond’s residential districts by promoting same; protect and enhance property values; and promote the easy identification of house, by encouraging new dwelling unit construction of distinctive design and discouraging excessive similarity among adjacent dwellings.
(B) Generally. No building permit shall be issued for any new single-family detached dwelling unit which is similar in appearance to any dwelling on the same street which is within 2 lots distance of it. A dwelling on a corner lot may be considered dissimilar to another if the 2 dwellings face different streets. On cul-de-sac turnarounds, no dwelling shall be similar in appearance to another dwelling on the turnaround.
(C) Similarity standards.
(1) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SIMILAR IN APPEARANCE. A dwelling which is identical, or nearly identical, to another in any 3 of the following characteristics:
1. Roof type (gable, hip, mansard, gambrel, flat, combinations);
2. Roof height;
3. Approximate dimensions (height and length) of the front wall closest to the front lot line;
4. Shape of the front elevation silhouette;
5. Relative locations and sizes of windows in the front elevation;
6. Relative location and dimensions of garage door, if included on the front elevation; and/or
7. Type of siding (e.g., brick veneer, lapped horizontal siding, half-timber, board and batten, shakes, and the like) on the front elevation.
(2) Housing styles. If adjacent lots as defined in this ordnance contain different t housing styles as herein described, the previously delineated similarity standards do not apply. Housing style is in and of itself a significant enough characteristic to constitue dissimilarity. Housing styles shall consist of the following; ranch, bi-level, tri-level, 1 and 1/2 story, 2-story, and 3-story.
(D) Administration.
(1) If the Building and Zoning Board, or person acting in that capacity, finds that the dwelling for which a building permit is requested is similar in appearance to a dwelling for which a building permit has been issued within 2 lots distance and facing the same street, the Building and Zoning Board shall deny to permit request for non-compliance withi this section.
(2) An applicant for a building permit that has been denied based on the provisions of this section may:
(a) Alter the dwelling plans so that the proposed dwelling is no longer similar to another adjacent dwelling, according to the criteria specified herein; and
(b) Appeal the decisions of the Building and Zoning Board to the Village Commission.
(3) In appealing the interpretation of this section to the Village Commission, an applicant for a building permit shall present evidence sufficient to demonstrate conformity with this section, such as architectural drawings.
(E) Exceptions.
(1) These regulations shall not apply to dwellings for which building permits have been approved before the effective date of this section, including dwellings that are being remodeled reconstructed or replaced after fire, windstorm, or other catastrophe.
(2) These regulations may be waived in cases where the applicant for a building permit could not be expected to anticipate the design of a neighboring dwelling for which a building permit has already been issued but in not yet built. In those instances, the builder shall request, and the Village Commission may grant, an exception from this section.
(3) These regulations may be waived for residential planned unit developments in which similarity of architectural form and style among dwellings is integral to the success of a unified plan, in which the high quality of building materials, building plans, and site plan details overcome the presumed deficiencies of similarity. In those cases, the developer shall request, and the Village Commission may grant, an exception from this section as a condition of a planned unit development.
(Ord. 1994-03, passed 5-10-1994) Penalty, see § 150.99