(A) Minimum construction requirements. All single-family dwellings located in residential subdivisions platted after the enactment of this subchapter shall be constructed in compliance with the following exterior building materials requirements:
(1) A minimum of 25% of the dwellings to be located on the lots in the subdivisions shall have a minimum of 50% of the exterior walls including a full front facade constructed of masonry from the ground level (the building foundation) to the building's eaves (excluding gables, dormers, openings for windows and doors, and trim).
(2) A minimum of 50% of the dwellings to be located on the lots in the subdivision shall have a minimum of a frill front facade constructed of masonry from the ground level (the building foundation) to the building's eaves (excluding gables, dormers, openings for windows and doors, trim).
(3) The exterior walls of 25% of the dwellings to be constructed on lots located in the subdivision may be constructed of building materials other than masonry.
(4) Monotony of design shall be avoided.
(a) All architectural designs and styles shall be complimentary. No two detached single-family dwellings of substantially similar or identical front elevation or facade shall be constructed or located on adjacent lots. In determining whether single-family dwellings constructed or located on adjacent lots are substantially similar, there shall be at least one major change as herein defined between the dwellings. Major changes shall consist of the following:
Roof treatment-hip, gable, 25% or greater change in slope
Location of garage entry-side and front
Type of masonry treatment-extended porticos and the like
Material treatment-full single masonry versus masonry combination
Overall facade-Mediterranean versus colonial as an example
Masonry arches
Masonry bay projections
(b) In addition, three minor changes as herein defined shall constitute a major change.
Minor changes shall consist of the following:
Vertical or horizontal siding
Colors of materials
Door treatment-garage and entry
Window styles-casement, double hung and the like
Shutter treatment
Ornamental treatment-light fixtures, pediments, fascias, etc.
Reversing plan
Garage door design
Masonry wing arms
(B) Variations from masonry coverage requirements. Notwithstanding the exterior wall masonry building coverage requirements contained in the preceding division (A), when by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the area, the strict application of the requirements contained in division (A) above would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of such property, the owner may seek a variance by filing an application for variance under § 152.211 of the Village's Zoning Code. In reviewing and granting a variance to a property owner pursuant to the provisions herein, economic hardship caused to a property owner resulting from the cost of exterior building wall masonry construction as compared to the cost of alternative exterior building wall material shall not be a factor to be considered by either the Zoning Board or the Village Board. Such economic hardship caused to a particular property owner shall not constitute a peculiar and exceptional practical difficulty or exceptional and undue hardship upon the property owner justifying relief from the strict application of the requirements of division (A) herein.
(C) Plat requirements. Each preliminary subdivision plat and final subdivision plat (including plats for subdivisions to be platted and developed in phases or additions) submitted to the village for Village Board approval shall depict on the plat drawing and shall state in a note or chart on the plat which lots shall be restricted to a minimum of a full front facade masonry exterior wall coverage, a minimum of 50% masonry exterior wall coverage including a full front facade, and which lots shall be unrestricted as to a masonry exterior wall requirement. For ease of reference, the following code (or abbreviations) shall be depicted on the lots on the plat drawing and used on the chart with reference to the subject restrictions:
(1) (MF) for full front facade masonry;
(2) (M50) for a minimum of 50% masonry including a full front facade;
(3) (MO) for unrestricted lots. Plat submittals which lack the number of building lots to fully satisfy the exterior wall masonry restriction percentages required by division (A) above, shall be required to favor the more restrictive over the less restrictive or unrestrictive building lots exterior wall masonry requirement. So that, for example:
(a) If there are only three building lots in a subdivision, two of the building lots shall be subject to the minimum of a full front facade (MF) masonry wall restriction and the remaining one building lot will not be subject to an exterior wall masonry construction restriction (MO).
(b) If there are only five building lots in a subdivision, three of the building lots shall be subject to the minimum of a full front facade (MF) masonry wall restriction, one of the building lots shall be subject to the minimum of the 50% masonry wall (M50) restriction including a full front facade, and the remaining one building lot will not be subject to an exterior wall masonry construction restriction (MO).
(c) If there are only six building lots in a subdivision, three of the building lots shall be subject to the minimum of a full front facade (MF) masonry wall restriction, two of the building lots shall be subject to the minimum of the 50% masonry wall (M50) restriction including a full front facade, and the remaining one building lot will not be subject to an exterior wall masonry construction restriction.
The application of the exterior wall masonry requirement percentages required by division (A) above shall be determined by the number of lots in a subdivision and not by the square footage of the bulk area of a subdivision or by some other method of measurement. The developer shall be required to select the location of the restricted and the unrestricted lots, in accordance with the requirements of division (A) above, at the time of the developer's first subdivision plat submittal to the village (that is, at the time of preliminary plat submittal for other than minor subdivisions and at the time of final plat submittal for minor subdivisions).
The exterior wall masonry requirement restriction that attaches to each building lot in a subdivision shall be a minimum construction requirement and shall run with the land to which the restriction pertains. After final platting of a subdivision, a restricted lot may be exchanged for an unrestricted lot or less restricted lot in the subdivision as follows: The Village Building Commissioner may approve, in writing, the transfer of a masonry coverage requirement from a restricted lot to an unrestricted lot or a less restricted lot provided the masonry coverage requirement of division (A) herein for the subdivision shall continue to be maintained.
(Ord. 1050, passed 3-15-10)