[CC 1997 § 7.16; Ord. No. 2776-96, 7-17-1996]
A. The general purposes of this Article are to promote and protect the
public health, safety and the general welfare of the community.
B. The City Council finds there is a need to exercise architectural
control so as to prevent the erection or construction of inappropriate
and harmful structures which have the following characteristics:
1.
Floor areas less than the standards of surrounding buildings
in the same residential neighborhood;
2.
Stereotype exterior design with buildings in the same residential
neighborhood;
3.
Appears unsightly, grotesque and unsuitable, when compared with
residential and other buildings erected in the same residential neighborhood,
for occupancy as single-family residence purposes;
4.
Impair the benefits of occupancy of existing residential property
in such areas;
5.
Impair the stability and value of both improved and unimproved
real property in such areas;
6.
Prevent the most appropriate use of such real property, and
the most appropriate development of such areas;
7.
Produce degeneration of residential property in such areas with
attendant deterioration of conditions; and
8.
Deprive the City of tax revenue which it otherwise could receive
and destroys a proper balance in relationship between the taxable
value of real property in such areas and the cost of the municipal
services provided therefor. It is the purpose of this Article to prevent
these and other harmful effects to promote and protect the health,
safety, morals and general welfare of the community.
[CC 1997 § 7.17; Ord. No. 2776-96, 7-17-1996; Ord. No. 2929-98 § 1, 1-21-1998; Ord.
No. 3176-00 § 1, 6-7-2000; Ord. No. 4140-11 § 3, 4-6-2011]
A. Building Permits Not To Be Issued For Single-Family Dwellings
Substantially Like Neighboring Buildings.
1.
Except as provided in this Chapter, no building permit shall
be issued under the Building Code or the zoning regulations of the
City for the erection of any single-family dwelling in any Single-Family
Dwelling District if it is like or substantially like any neighboring
building, as hereinafter defined, then in existence or for which a
building permit has been issued, in more than three (3) of the following
six (6) respects:
a.
Height of the main roof ridge, or, in the case of a building
with a flat roof, the highest point of the roof beams, above the elevation
of the first (1st) floor.
b.
Height of the main roof ridge above the top of the plate, all
flat roofs shall be deemed identical in this dimension.
c.
Length of the main roof ridge, or, in the case of a building
with a flat roof, length of the main roof.
d.
Width between outside walls at the ends of the building measured
under the main roof at right angles to the length thereof.
e.
Relative location of windows in the front elevation or in each
of both side elevations with respect to each other and with respect
to any door, chimney, porch or attached garage in the same elevation.
f.
In the front elevation, both:
(1) Relative location, with respect to each other,
of garage, if attached, porch, if any, and the remainder of the building,
and
(2) Either height of any portion of the building located
outside the limits of the main roof, measured from the elevation of
the first (1st) floor to the roof ridge, or, in the case of a flat
roof, the highest point of the roof beams, or width of such portion
of the building if it has a gable in the front elevation, otherwise
length of the roof ridge or the flat roof in the front elevation.
2.
Buildings shall be deemed to be like each other in any dimension
with respect to which the difference between them is not more than
two (2) feet. Buildings between which the only difference in relative
location of elements is end to end or side to side, reversal of elements
shall be deemed to be like each other in relative location of such
elements.
3.
In relation to the premises with respect to which the permit
is sought, a building shall be deemed to be a neighboring building
if the lot upon which it or any part of it had been or will be erected
is any one (1) of the following lots, as shown on the tax map of the
County Assessor.
a.
Any lot on the street upon which the building to be erected
would front, which is the first (1st) or second (2nd) lot next along
the street in either direction from the premises, without regard to
intervening street lines.
b.
Any lot any part of the street line frontage of which is across the street from the premises or from a lot referred to in Subsection
(3)(a) of this Section.
c.
Any lot any part of the street line frontage of which faces
the end of, and is within the width of, the street, if there are less
than two (2) lots between the premises and the end of the street.
d.
Any lot on another street which adjoins the premises on such
other street.
e.
Any lot any part of the street line frontage of which is across such other street from the premises or from a lot referred to in Subsection
(3)(d) of this Section.
4.
Notwithstanding any of the foregoing provisions of this Section,
no building shall be deemed to be a neighboring building in relation
to the premises if its rear elevation faces the street upon which
the building to be erected on the premises would front.
B. Metal-Sided Buildings.
1.
No metal-sided building, except those used for storage purposes or those in compliance with Chapter
420: Mobile Homes and Mobile Home Parks, shall be installed or constructed in any residential dwelling district. Steel or aluminum siding shall be allowed on residential structures. Metal-sided buildings shall not be permitted in any commercial district.
2.
Metal-sided buildings shall not be located in an industrial
district unless such building:
a.
Is an addition to an existing metal-sided building and is constructed
of the same material as the existing building, and
b.
Does not exceed fifty percent (50%) of the existing metal building
square footage, and
c.
Is on property bounded on all sides by industrially zoned properties
that contain existing metal-sided buildings, or
d.
Is a repair to an existing metal-sided building.
3.
All other metal-sided buildings located in industrial districts
shall be architecturally treated in accordance with the following:
a.
One hundred percent (100%) of the elevation facing public right-of-way
(street).
b.
The first (1st) twenty-five percent (25%) of the building elevations
adjacent to the elevation facing the public right-of-way (street).
c.
In the event the length of the front building elevation facing
the public right-of-way (street) is narrower than the sides, the side
elevations shall be architecturally treated not less than fifty percent
(50%) of their length.
d.
For each one hundred (100) feet the building is set back from
the building line, a reduction in the percentage of architectural
treatment on all elevations as follows:
|
1st one hundred (100) feet
|
Ten percent (10%)
|
|
2nd one hundred (100) feet
|
Twenty-five percent (25%)
|
|
3rd one hundred (100) feet
|
Fifty percent (50%)
|
|
4th one hundred (100) feet
|
Seventy-five percent (75%)
|
|
5th one hundred (100) feet
|
One hundred percent (100%)
|
4.
The following materials will be allowed as architectural treatment
for metal-sided buildings in industrial districts: brick, architectural
concrete block, tilt-up concrete panels, stucco, glass block, exterior
insulation and finishing systems (EIFS) and/or vinyl wood siding,
or other material approved by the Director of Public Works.