A. Within any residential district, no building with a permitted professional office or other home occupation shall be constructed or altered so as to be inharmonious with the residential character of the adjacent residential areas. See § 175-160 for additional requirements in DT-1, DT-2, DT-3, DT-4, GW-1, GW-2, and GW-3.
[Amended 11-28-2011 by Ord. No. 23-2011]
B. The Town Council hereby finds that uniformity in the exterior design and appearance of dwellings erected in the same residential neighborhoods tends to adversely affect the desirability of the immediate and neighboring areas for residential purposes and impairs existing residential property in such areas; tends to impair the value of both improved and unimproved real property in such areas; and tends to deprive the municipality of tax revenue and destroys a proper balance between the taxable value of real property in such areas and the cost of municipal service provided therefor. It the purpose of this section to prevent these and other harmful effects of uniformity in design and appearance of dwellings erected in any housing development in the same residential neighborhood and, thus, to promote and protect the general welfare of the community.
(1) Except as provided in this chapter, not more than one construction permit shall hereafter be issued for any dwelling to be erected in a housing development consisting of two or more houses if it is substantially alike in exterior design and appearance with any neighboring dwelling situated on the same or opposite sides of the street within 150 feet of a dwelling then in existence or for which a construction permit has been issued or is pending. The distance herein specified shall be construed to mean the distance between the street property lines of the respective properties.
(2) Houses within such specified distance from each other shall be considered uniform in exterior design and appearance if they have any one of the following characteristics:
(a) The same basic dimensions and floor plans are used without substantial differentiation of one or more exterior elevations.
(b) The height and design of the roofs are without substantial change in design and appearance.
(c) The size and type of windows and doors in the front elevation are without substantial differentiation.
(3) In addition, there shall be no fewer than two separate basic house designs in every housing development consisting of nine to 15 houses; no fewer than five basic house designs in every housing development consisting of 16 to 50 houses; no fewer than six basic house designs in every housing development consisting of 51 to 77 houses; and no fewer than eight basic house designs in every housing development consisting of 78 or more houses.
(4) To ensure conformity with the provisions of this chapter, no construction permit shall hereafter be issued for more than one dwelling unit in any housing development until the builder shall post or cause to be posted on the map of the subdivision on file with the Construction Official the type and model of each house for which a construction permit has been or is being issued.
(5) The provisions, requirements and standards heretofore set forth shall not be considered met where there is an attempt to make minor changes or deviations from building plans and location surveys, which changes show an obvious intent to circumvent the purpose of this section.
(6) Underground utilities. The location, size and depth of all underground utilities shall comply with all applicable state statutes and shall require the approval of the Planning Board and the Town Engineer.
Next Doc