(A) Incorporation. The preambles in the ordinance codified herein are incorporated by this reference as if set out in full at this place.
(B) Design variety standards.
(1) No building permit shall be issued for any new single-family detached residential dwelling unit which is similar in appearance to any dwelling on the same street which is within two lots of the lot upon which the unit is to be built.
(2) No building permit shall be issued for any new single-family attached residential dwelling unit (duplex building) which is similar in appearance to any duplex building on the same street which is within two lots of the lot upon which the unit is to be built.
(3) On cul-de-sac turnarounds, no dwelling or duplex building shall be similar in appearance to another dwelling or duplex building on the turnaround.
(4) Construction of all residential dwelling units shall comply in all other aspects with the residential design guidelines adopted by the village pursuant to Res. 2005-06-09, as may be amended from time to time.
(C) Similarity standards.
(1) Two dwelling units shall not be considered “similar in appearance” unless the dwelling units are identical or nearly identical to another in any three of the following characteristics:
(a) Roof type (gable, hip, mansard, gambrel, flat, combination);
(b) Roof height;
(c) Approximate dimensions (height and length) of the front wall closest to the front lot line;
(d) Shape of the front elevation silhouette;
(e) Relative locations and sizes of windows in the front elevation;
(f) Relative location and dimensions of garage door(s), if included on the front elevation; and
(g) Type(s) of siding (i.e. brick veneer, lapped horizontal siding, half-timber, board and batten, shakes and the like) on the front elevation.
(2) The following characteristics shall not by themselves constitute dissimilarity among two otherwise similar dwellings:
(a) Variations in color;
(b) Variations in roofing material;
(c) The addition or deletion of minor design elements such as dormers, cupolas, bay windows, belt courses, fan lights, chimneys and ornamental features;
(d) Reversal of plan orientation from right-hand to left-hand or vice-versa;
(e) Variation of window types; and
(f) Variations in measurements of compared heights, widths or lengths of less than 5%.
(3) A dwelling or duplex building on a corner lot may be considered dissimilar to another if the two dwellings or duplex buildings face different streets.
(D) Administration.
(1) If the Zoning Enforcement Officer, or person acting in that capacity, finds that the dwelling or duplex building for which a building permit is requested is similar in appearance to a dwelling or duplex building for which a permit has been issued, the Zoning Enforcement Officer shall deny the permit request for non-compliance with 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 unit or duplex building plans so that the proposed dwelling unit or duplex building is no longer similar to another adjacent dwelling, according to the criteria specified herein; or
(b) Appeal the decision of the Zoning Enforcement Officer to the Plan Commission. In appealing the interpretation of this section to the Plan Commission, an applicant shall submit evidence sufficient to demonstrate conformity with this section, including but not limited to architectural drawings. The Plan Commission shall make a recommendation to the corporate authorities upon review of the evidence submitted. The corporate authorities shall make a final determination of the applicant’s request upon receipt of the Plan Commission’s findings.
(E) Exceptions.
(1) (a) The controls established herein shall not apply to dwelling units for which an application for building permit has been submitted prior to the effective date of this section or where a building permit has been approved before the effective date of this section, including dwellings that are being remodeled, reconstructed or replaced after fire, windstorm or other catastrophe.
(b) These regulations shall not apply to single-family detached dwellings for which building permits have been approved prior to June 5, 1995, including dwellings that are being remodeled, reconstructed or replaced after fire, windstorm or other catastrophe. Also, those single-family detached dwellings with a signed sales contract or application for building permit bearing a date prior to June 5, 1995 shall be exempt from the provisions of this section.
(2) The controls established herein may be waived for residential planned unit developments (“PUD”) in which similarity or architectural form and style of the dwellings is integral to the success of a unified plan, and in which the high quality of building materials, building plans and site plan details overcome the presumed deficiencies of similarity. In such cases, the developer shall request an exception from the ordinance and the Plan Commission may recommend that the corporate authorities grant a waiver of these regulations or controls. In any event, the corporate authorities shall make all determinations regarding the waiver requests.
(Ord. 880, passed 11-21-2007) Penalty, see § 153.99