[HISTORY: Adopted by the City Council of the City of Englewood 10-5-1978 by Ord. No. 2335 as §§ 9-36 to 9-43 of the 1978 Revised General Ordinances. Amendments noted where applicable.]
The Council hereby finds that uniformity in the exterior design and appearance of dwellings erected in the same residential neighborhood tends to affect adversely the desirability of the immediate and neighboring areas for residential purposes and impairs existing residential property in such area; tends to impair the value of both improved and unimproved real property in such areas with attendant deterioration of conditions affecting the health, safety and morals of the inhabitants thereof and the community at large; and tends to deprive the City of tax revenue and to destroy a proper balance between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this chapter to prevent these and other harmful effects of uniformity in the design and appearance of dwellings erected in any housing development in the same residential neighborhood and thus to promote and protect the health, safety, morals and general welfare of the community.
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.
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:
Same basic dimensions and floor plans are used without substantial differentiation of one or more exterior elevations.
Same basic dimensions and floor plans are used without substantial change in orientation of the houses on the lots.
Height and design of the roofs are without substantial change in design and appearance.
Size, type and location of windows and doors in the front elevation are without substantial differentiation.
In addition to the requirements specified in § 134-3, there shall be not less than two separate basic house designs in every housing development consisting of eight or more houses, and not less than three basic house designs where there are 15 or more houses.
No construction permit shall be issued for more than one dwelling in any housing development, except as provided in § 134-6, until an engineer's survey or architect's drawing of the entire tract, or part to be developed, has been submitted to the Zoning Official showing thereon, or on a schedule attached thereto, the model number, type and design of each house, with the proper street and lot numbers for each house. The survey or drawing shall show the dimensions of each house, its exact location on the lot with setbacks and the width or depth of all yard spaces. In the event of a subsequent desired change in basic design, size or location of a house in such tract, a revised plan and application therefor shall be filed and approved before such work is started.
In respect to new subdivisions for the purpose of a housing development, the Planning Board may, at its discretion, require an affidavit or a performance guarantee, approved as to form by the City Solicitor, that the subdivision will be developed as a whole so that the intent and purpose of this chapter is satisfied.
The action of the Zoning Official in granting or denying a permit, as respects compliance with the provisions of this article, may be appealed to the County Construction Board of Appeals pursuant to § 167-11 of the Code of the City of Englewood.
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation continues.