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O-791-93 05/24/93VILLAGE OF LEMONT ORDINANCE NO. 7-t/ AN ORDINANCE CREATING A NEW CHAPTER 15.30 OF THE LEMONT VILLAGE CODE, ENTITLED "APPEARANCE CODE" ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This a l day of Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook Will, and DuPage, Illinois, this day of -2A.1 , 1993 1993 VILLAGE OF LEMONT ORDINANCE NO. "71' j3 DATE OF APPROVAL tr - a l - gg AN ORDINANCE CREATING A NEW CHAPTER 15.30 OF THE LEMONT VILLAGE CODE, ENTITLED "APPEARANCE CODE" WHEREAS, The Village of Lemont has the authority to regulate matters affecting the health, safety and welfare of the community; and WHEREAS, Chapter 15 of the Village Code, entitled "Buildings and Construction," regulates the quality of construction in the Village of Lemont; and WHEREAS, variety in the exterior appearance of single- family and two - family dwelling units enhances the appearance of the community, increases property values, and promotes the easy identification of residences; and WHEREAS, the Village President and the Board of Trustees of the Village of Lemont have determined that it is in the best interest of the community to discourage excessive similarity and encourage distinctiveness of exterior design in single- family and two - family dwellings. NOW, THEREFORE, BE IT ORDAINED by the President and the Board of Trustees of the Village of Lemont that a new Chapter 15.30, entitled "Appearance Code ", is added to the the Lemont Village Code, as follows: Sections: 15.30.010 15.30.020 15.30.030 15.30.040 15.30.050 APPEARANCE CODE Purpose Residential Construction - Design Variety Excessive Similarity - Standards Administration Exceptions 15.30.010 PURPOSE The purpose of this ordinance is to: Promote an aesthetically pleasing character in Lemont's residential districts; protect and enhance property values; and promote the easy identification of houses, by encouraging new dwelling construction of distinctive design and discouraging excessive similarity among adjacent dwellings. 15.30.020 RESIDENTIAL CONSTRUCTION - DESIGN VARIETY A) No building permit shall be issued for any new single - family or two - family dwelling which is similar in appearance to any dwelling on the same street which is within two lots distance of it. B) A dwelling on a corner lot may be considered dissimilar to another if the two dwellings face different streets. On cul -de -sac turnarounds, no dwelling shall be similar in appearance to another dwelling on the turnaround. 15.30.030 SIMILARITY STANDARDS A) For the purposes of this ordinance, "similar in appearance" shall mean a dwelling which is identical, or nearly identical, to another in any three of the following characteristics: 1) Roof type (gable, hip, mansard, gambrel, flat, combination); 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(s), if included on the front elevation; 7) Type(s) of siding (e.g., brick veneer, lapped horizontal siding, half - timber, board - and - batten, shakes, etc.) on the front elevation. B. The following characteristics shall not by themselves constitute dissimilarity among two otherwise similar dwellings: 1) Variations in color; 2) Variations in roofing material; 3) The addition or deletion of minor design elements such as dormers, cupolas, bay windows, belt courses, fan lights, chimneys, and ornamental features; 4) Reversal of plan orientation from right -hand to left -hand or vice - versa; 5) Variation of window types; 3 6) Variations in measurements of compared heights, widths or lengths of less than five (5) percent; 15.30.040 ADMINISTRATION A) If the Building & Zoning Administrator, or person acting in that capacity, finds that the dwelling for which a building permit is requested is similar in appearance to a dwelling within two lots distance and facing the same street, for which a building permit has been issued, the Building & Zoning Administrator shall deny the permit request for non - compliance with this ordinance. B) An applicant for a building permit that has been denied based on the provisions of this ordinance may: 1) Alter the dwelling plans so that the proposed dwelling is no longer similar to another adjacent dwelling, according to the criteria specified herein; 2) Appeal the decision of the Building and Zoning Administrator to the Village Board of Trustees. C) In appealing the interpretation of this code to the Village Board of Trustees, an applicant for a building permit shall present evidence sufficient to demonstrate conformity with this ordinance, such as architectural drawings. 15.30.050 EXCEPTIONS A) These regulations shall not apply to dwellings for which building permits have been approved before the effective date of this ordinance, including dwellings that are being remodeled, reconstructed, or replaced after fire, windstorm or other catastrophe . B) 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 is not yet built. C) These regulations may be waived for planned residential 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 such cases the developer shall request, and the Village Board of Trustees may grant, an exception from the ordinance as a condition of a planned development. 4 THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT TEN (10) DAYS FROM AND AFTER ITS PASSAGE, APPROVAL AND PUBLICATION, WHICH SHALL BE IN PAMPHLET FORM. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS, on this tqlf day of 1993. Barbara Buschman Alice Chin Keith Latz William Margalus Richard Rimbo Ralph Schobert AYES NAYS PASSED ABSENT Le ✓ L, Approved by me this 1 day of Attest: ARLENE M.SMOLL Ai /J./. 2140 ARD A. KWAST' , Village President Village Clerk 1993 CHARLENE M. SMOLLEN, Village Clerk 5