Obetz City Zoning Code

CHAPTER 1185

Residential Design Standards

1185.01 INTENT.

The intent of this chapter is to implement Obetz's Comprehensive Plan and subsequent Area Plans while promoting the health, safety and general welfare of the residents of the Village of Obetz by encouraging high quality in the siting, organization, and construction of new residential developments and neighborhoods in the Southwest Overlay District (Section 1161.04) and, more specifically, by:

(a) Promoting new residential developments that are distinctive, have character, and relate and connect to established Obetz neighborhoods;

(b) Encouraging site planning that accommodates and responds to the existing natural and the built environment on and adjacent to the site, including preservation of existing trees, vegetation, wildlife habitat, stream corridors, and wetlands;

(c) Encouraging organization of new residential developments into cohesive neighborhoods that are safe, walkable, bikable, and pedestrian friendly;

(d) Encouraging connections within and between new residential neighborhoods and adjacent and surrounding neighborhoods (existing or planned), land uses (such as schools, shopping, and employment), and parks and open space/trail systems;

(e) Providing variety in housing design and types in order to promote more social, economic, and lifestyle diversity in the Village of Obetz;

(f) Providing variety in housing design and types in order to reduce the adverse, visual monotony of home designs often associated with large-scale residential subdivisions; and

(g) Encouraging housing siting and design that emphasizes light, privacy, and resident access to outdoor space and recreation.

(Ord. 65-03. Passed 9-3-03.)

1185.02 APPLICABILITY.

(a) New Residential Subdivisions. All new residential subdivision applications south of I-270 and west of the CSX Railroad line approved after the effective date of this chapter in the Village of Obetz shall comply with all the standards set forth herein.

(Ord. 65-03. Passed 9-2-03.)

1185.03 DEFINITIONS.

(a) Arcade shall mean a series of arches supported by piers or columns.

(b) Architectural Development Plan (ADP) shall mean a conceptual plan of a proposed residential land development, together with written materials, showing the general character and layout of the development parcel including the approximate location and density/intensity of uses, the approximate location of parks and open space, the location of existing and proposed streets and alleys, and the relationship of the development to adjacent areas that it may affect.

(c) Building bay shall mean any of a number of principal divisions of a wall, roof, or other part of a building marked off by vertical or crosswise supports.

(d) Block face shall mean the properties abutting on one side of a block.

(e) Building mass shall mean the three-dimensional bulk of a building: height, width, and depth.

(f) Building Scale shall mean the relationship of a particular building, in terms of building mass, to other nearby and adjacent buildings.

(g) Character shall mean those attributes, qualities, and features that make up, distinguish a development project, and give such project a sense of purpose, function, definition, and uniqueness.

(h) Commercial grade equipment shall mean playground and/or picnic/barbeque equipment used and intended for installation in high use areas or public settings, such as parks, or other recreational facilities.

(i) Compatible or Compatibility shall mean the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Some elements affecting compatibility include height, scale, mass, and bulk of structures. Other characteristics that affect compatibility are landscaping, lighting, noise, odor, and architecture. Compatibility does not mean "the same as". Rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development.

(j) Connectivity shall mean the ability to be linked between areas, through vehicular and pedestrian transportation systems, including adjacent and proposed residential neighborhoods and schools, parks, trails, shopping and employment areas.

(k) Cornice shall mean a continuous, molded projection that crowns a wall or other construction, or divides it horizontally.

(l) Crushed fines shall mean crushed granite or other similar types of crushed rock, used for the surface of trails.

(m) Dormer shall mean a windowed wall area flanked on both sides by sloping roof areas.

(n) Eave shall mean the projecting edges of a roof overhanging the wall of a building. All eaves shall consist of a minimum of twelve (12) inches, unless otherwise approved by the Planning and Zoning Administrator.

(o) Fenestration shall mean the design, proportioning and arrangement of windows and other exterior openings of a building.

(p) Front facade shall mean the exterior wall(s) of the principal residential building that faces the street from which the building takes access or is addressed. Where the front facade includes walls with different setbacks, that portion of a wall that is closest to the front of the lot, exclusive of garage walls, shall be the point used to determine the front facade.

(q) Garage, front loaded shall mean a private residential garage that is accessed from a street other than an alley. A front-loaded garage may face the street (garage doors parallel to the street) or may turn its side to the street (garage doors perpendicular to the street, sometimes referred to as a "side-loaded" garage).

(r) House model shall mean having different or unique exterior identification features to distinguish one house from another, through the use of exterior materials, including but not limited to elevations, material treatments, front facade placement of windows and doors, garage location and placement, rooflines, number of stories, and color.

(s) Neighborhood identity feature shall mean a place for gathering or recreation, or a design feature or features intended to create a unique character or sense of identity in single- family and two-family, multi-family or mixed use developments.

(t) Oriented shall mean to locate or place a building or structure in a particular direction on a lot or site which shall generally be parallel to the adjacent street.

(u) Parapet shall mean that portion of an exterior wall that rises above the roof.

(v) Pedestrian plaza shall mean an open space that may be improved, landscaped, or paved usually surrounded by buildings or streets and available for pedestrian use.

(w) Perimeter fences and walls shall mean those structures used for screening purposes, which shall be designed to be compatible with the related principal structures or buildings on site, including the same or similar colors and materials used on the related principal structures or buildings. Such screen walls shall not be continued for longer than fifty (50) feet without variation by using changes in height, different material combinations, offset angles, or articulation and shall include similar changes along the top of the wall.

(x) Pilaster shall mean a shallow rectangular feature projecting from a wall, having a top and base and architecturally treated as a column.

(y) Pocket Park shall mean a park between one-half (1/2) and five (5) acres in size either municipally or privately owned, located internal to developments and providing active or passive recreational opportunities for the residents or business employees and customers of the development.

(z) Porch shall mean a covered platform, usually having a separate roof, at an entrance to a dwelling, an open gallery or room, which is not heated or cooled, and that is attached to the outside of a building.

(aa) Portico shall mean a porch having a roof supported by columns, often leading to the entrance of a building.

(bb) Reflective materials shall mean materials that return light, glare, or radiant heat after striking the surface of the material.

(cc) Rib shall mean any of several members supporting an arch, defining its surfaces or dividing these surfaces into panels.

(dd) Scale shall mean the proportional relationship of the size of the building or structure to its surroundings. (Ord. 65-03. Passed 9-2-03.)

1185.04 BUILDING CONNECTIONS.

These standards are intended to provide for safe, visible and convenient pedestrian and bicycle movement on-site and to provide the opportunity to connect to surrounding areas.

(a) All sidewalks and pedestrian/bicycle pathways must comply with the Americans with Disabilities Act (ADA) standards.

(b) A system of public concrete sidewalks ranging from four-foot to ten-foot wide and four inches thick shall be provided. Pedestrian/bicycle pathways shall range from eight-foot to ten-foot wide, four-inch thick asphalt or concrete.

(c) Sidewalks or pedestrian pathways shall be provided on-site connecting the site and public sidewalks; all principal buildings on the site; parking lots and principal buildings on the site and where logical connections to off-site locations can be made as identified in the Village's pedestrian and bicycle route maps in the Park and Recreation Master Plan or other appropriate planning documents. In no event is the placement of a sidewalk or pedestrian pathway intended to displace existing landscaped areas or to duplicate existing pedestrian routes.

(d) Where it is necessary for the primary pedestrian route to cross any street with a classification of collector or higher, the pedestrian crossing shall be designed to emphasize and prioritize pedestrian access and safety. Such crossings shall be identified using pavement treatments, signals, lighting, traffic calming techniques, median refuge areas and/or landscaping along with signs and striping.

(e) A system of pathways shall be provided for the use of bicyclists throughout and to and from the site. Off-street routes may be combined with pedestrian sidewalks or pathways. All pathways and multi-use trails shall meet American Association of State Highway and Transportation Officials (AASHTO) standards.

(f) Where adjacent to commercial areas or an existing or planned trail system, multi- family developments shall provide ten-foot wide direct walkways on site that allow residents to walk to nearby shopping services, and recreational amenities.

(g) The design of all through-access drives shall be consistent with, and aligned with, local streets in adjacent existing development sites, where possible.

(h) The street and roadway system shall provide multiple points of connectivity from the site to the external arterial street system in the one (1) square mile section in which the site is located.

(i) Multi-family development.

(1) Multi-family developments between five (5) and fifteen (15) acres shall include a minimum of one public street or private drive, with detached sidewalks and six-foot landscaped planting strips that is continuous through the site, and connects to a public street on either end (referred to as a"through-access drive").

(2) Multi-family development sites greater than fifteen (15) acres shall include a minimum of two (2) through-access drives with detached sidewalks and six-foot landscaped planting strips.

(Ord. 38-04. Passed 10-11-04.)

1185.05 BUILDING ORIENTATION AND MATERIAL STANDARDS.

(a) Building Orientation Standards.

(1) Every front facade with a primary entrance to a dwelling unit or units shall face the adjacent public street to the maximum extent possible. Every front facade with a primary entrance to a dwelling unit or units shall include a connecting walkway from the primary entrance to the perimeter street sidewalk system.

(2) Every building containing four (4) or more dwelling units shall have at least one (1) building entry or doorway facing any adjacent street that is not an arterial street or that has on-street parking.

(3) Multi-family buildings within a development shall be arranged to enclose and frame common areas, which may include gardens, courtyards, recreation, and play areas. Such common areas shall contain at least four (4) of the following features:

A. Planting areas containing annuals, perennials and/or flowering shrubs;

B. Large, flowering trees;

C. Seating;

D. Pedestrian-scaled lighting;

E. Gazebos or other decorative structures;

F. Play structures for children;

G. Natural environmental features.

(Ord. 65.03. Passed 9-2-03.)

1185.06 NEIGHBORHOOD IDENTITY FEATURES.

The purpose of this section is to provide an organizational framework or structure for the layout of new residential subdivisions. On a neighborhood-wide scale, residents will have easy access to at least one central neighborhood identity feature or gathering place (i.e. neighborhood park or recreation center). Such neighborhood identity features lend a "sense of place" to a new subdivision, thereby encouraging people to connect with their physical surroundings and interact with their neighbors. A neighborhood identity feature shall be provided within all eligible single- family, two-family, multifamily and mixed use residential developments as shown in Section 1185.05(a). Identity features may include a school (as approved by the appropriate school district), pocket park, trail system, pedestrian plaza or courtyard, community (clubhouse) building or garden, artwork such as a sculpture, water feature, fountain, picnic/barbeque area, or playground. When parks, trails, pedestrian plazas or courtyards, gardens, or picnic/barbeque areas are provided, the acreage that constitutes these features may count toward meeting fifty percent (50%) of the open space/parkland dedication requirements of the zoning code/subdivision regulations. Signage, fencing, and/or other aspects of a required perimeter treatment shall not be counted as an identity feature. In no event shall an identity feature credit be given for the area associated with features such as landscaping or perimeter treatment, entrance features, retention and detention area, or other items that are required by other provisions of the zoning and subdivision code unless specifically stated herein. A mechanism shall be defined and established by the developer to ensure approval and perpetual maintenance of all neighborhood identity features, per the development agreement.

(a) Neighborhood Identity Feature Table: Where the number of acres and the number of dwelling units proposed in a development results in two different numbers of required identity features, the larger number of required identity features shall be used.

Size of Residential Development (Residential Acreage, Dwelling Units)	Number of Required Features
Under 5 acres or up to 20 dwelling units	None
5 -10 acres or 21 - 50 dwelling units	One
11 - 50 acres or 51 -150 dwelling units	Two
51 - 100 acres of 151 - 300 dwelling units	Three
Over 100 acres or over 301 dwelling units	Four

(b) Credit shall be given for identity features as follows:

(1) A system of trails throughout the entire development shall count as one (1) identity feature. Trails should be designed to provide interesting and distinct areas for walking, bicycling and/or riding in areas separate from and in addition to traditional sidewalks. Trails shall be designed and constructed using one of the following designs appropriate for the location as determined by the Planning and Zoning Administrator and Parks & Recreation Director or designee:

A. Ten (10) foot wide concrete or asphalt shared use trail;

B. Five (5) foot wide concrete or brick trail;

C. Five (5) foot wide crushed fines trail with collared edges - this trail is intended for the preservation of wetland and natural riparian areas; or

D. Five (5) foot wide decking or boardwalk trail.

(2) A pocket park, two (2) to five (5) acres in size shall count as one (1) identity feature. A park of 10 acres shall count as two (2) identity features. One neighborhood identity credit will be given for each five acre increment of contiguous parkland set aside. All parkland must be deeded to the Village.

(3) A water feature, fountain, or artwork such as a sculpture, shall count as one-half (½) identity feature.

(4) Play grounds with commercial grade equipment, picnic/barbeque areas with commercial grade equipment, or court games (tennis, volleyball or basketball) at least one-thousand (1,000) square feet in size shall each count as one (1) identity feature. Such features shall be reviewed and approved by the Parks and Recreation Director.

(5) Plazas, courtyards, or community gardens with collars to define garden hedges, which cover at least one thousand (1,000) square feet in size shall each count as one (1) identity feature.

(6) A community (clubhouse) building at least two thousand (2,000) square feet in size shall count as two (2) identity features.

(7) An in-the-ground swimming pool site at least (2,000) square feet in size shall count as two (2) identity features. If these facilities are utilized, they shall be maintained by the property owner/developer or homeowner's association.

(8) Other features may be considered credit toward meeting the identity feature requirement, subject to approval by the Planning and Zoning Administrator or designee. (Ord. 38-04. Passed 10-11-04.)

1185.07 MIX OF RESIDENTIAL LOT DIMENSIONS REQUIRED.

EDITOR’S NOTE: Former Section 1185.07 was deleted by Ordinance 38-04, passed October 11, 2004.

1185.08 MIX OF DIFFERENT HOUSING MODELS REQUIRED.

(a) A minimum of ten (l0) different house models shall be provided in all single family and two-family developments containing more than one hundred (100) lots or dwelling units. Single-family and two-family developments containing less than one hundred (100) lots shall have at least eight (8) different models.

(b) Consistent Architecture. All homes shall be designed with consistent style, detail, trim features, and roof treatments.

(d) Basements Required. All single family and two-family structures shall have basements.

(e) Trim Required. All windows and doors shall have trim.

(f) House models shall have at least four (4) of the following features, which distinguish them from other house models:

(1) The placement of windows and doors on the front facade elevation (at least a two (2) foot vertical or horizontal variation in size or location is required).

(2) The use of different exterior materials on the front facade elevation.

A. At least fifty percent (50%) of the models have thirty-five percent (35%) of the front facade elevation (not including window and door areas and related trim areas) clad in brick, stone, stucco, or other City approved masonry material.

B. Brick or other approved masonry materials shall wrap around inside corners and return a minimum of two (2) feet on outside corners.

(3) Substantial variation in the location and/or proportion of garages and garage doors.

(4) The width of the front facade elevation must differ by at least two (2) feet.

(5) Variation in the location and proportion of front porches. Front porches shall comply with the minimum standards outlined below:

A. When at least two (2) of the four (4) required home models in the development or in each subdivision filing incorporate a qualified front porch, as defined in 1185.07(f)(5)B., said porches may extend five (5) feet into the required front yard setback and the developer shall be allowed to repeat the same home model elevation no more than once every five (5) lots on the same side of the street.

B. A "qualified front porch" shall mean a covered front porch with a minimum size of seventy-two (72) square feet of floor area, excluding the stoop and any projections (e.g. bay window), with a minimum depth of six (6) feet, and at least seventy-two (72) square feet in size. Qualified front porches shall not be enclosed to provide additional living space.

(6) Substantial variations in rooflines and/or in the angle of roof runs. Roofs shall have a minimum pitch of 4:12 except for dormers, porch roofs, or other extensions.

(7) Use of roof dormers.

(8) A variation of building types: ranch, two-story, and split-level, or other.

(9) Window shapes that are substantially different.

(10) Other distinct and substantial architectural design variations approved by the Planning and Zoning Administrator. The sole use of minor cosmetic changes such as different paint color, reversing or creating mirrored image of the exterior architectural elevations, or using different brick color shall not meet the intent of this section.

(g) No two (2) of the same house models shall be located next to each other or across the street from each other except for two-family dwellings, and no more than twenty percent (20%) of the development shall be of a single house model elevation. For two-family dwellings, both units in the structure may have the same exterior appearance, but each different structure shall be designed to meet the intent of this section by providing different models.

(Ord. 65-03. Passed 9-2-03.)

1185.09 GARAGE PLACEMENT AND DESIGN.

(a) Design Standards for Garages for Two-family and Multifamily Residential:

(1) Garages for attached townhouse and multifamily dwellings shall be designed and oriented so that they do not dominate the front facade of the building to which they are attached and so that they provide variety in the front plane or facade of the building and visual interest on all sides of the garage that are visible from the public right-of-way. Detached garages for townhouse and multi-family dwellings shall be designed to be compatible with the related residential structures and shall be designed and oriented to minimize the visual effect of the scale and massing of the garages and create visual interest on all sides of the garage that are visible from the public right-of-way, through the use of landscaping, berming, architectural features or styles, building materials, and/or orientation of the site.

(2) To the maximum extent feasible, garage entries, carports, and parking garages shall not be located between a principal multi-family building and a required street frontage, but shall instead be internalized in building groups so that they are not visible from adjacent public streets.

(3) Detached garages and carports shall be compatible with the principal building architecture, and shall incorporate similar and compatible forms, scale, materials, colors, and details.

(4) Detached garages and carports shall have pitched roofs with a minimum slope of 4:12. (Ord. 65-03. Passed 9-2-03.)

1185.10 MIX OF ROOF COLORS.

EDITOR’S NOTE: Former Section 1185.10 was deleted by Ordinance 38-04, passed October 11, 2004.

1185.11 REAR ELEVATIONS.

Rear elevation standards shall apply to all new multi-story residential developments containing twenty (20) or more single-family detached or duplex dwellings. A horizontal or vertical offset, projection, or recess of twelve (12) inches or greater is required on all rear elevations.

(Ord. 65-03. Passed 9-2-03.)

1185.12 TOWN HOME AND MULTIFAMILY ARCHITECTURAL REVIEW STANDARDS.

(a) Exterior architecture elevations including proposed roof style and pitch, window and door detail, materials and colors shall be compatible with the character of the surrounding area if there is an established character.

(b) At least thirty-five percent (35%) of the facade of all town home and multi-family buildings shall be made of natural material (brick, stone, stucco, or wood).

(c) All sides of all buildings shall include design characteristics and materials consistent with those on the front or primary facade of the building, where visible from the public right-of- way.

(d) Building entrances shall be identified and directly accessible from a public sidewalk or sidewalk internal to the site.

(e) Walls in excess of fifty (50) feet in length shall be permitted to be visible from a public right-of-way if a minimum of twenty percent (20%) of the length of the wall projects or recesses at a minimum depth equal to three percent (3%) of the length of the wall and a change in materials and texture, or a permanent architectural treatment or feature is provided.

(f) Exposed HVAC Units and Grills. When through-wall heating, venting, or air conditioning units appear on exterior building walls, such units shall be covered by an architectural grille, and shall be designed in such a manner as to blend in with surrounding wall surfaces. When such units are adjacent to building windows, they shall be designed to appear to be part of the building's window pattern by matching window dimensions, colors, or trim. Such units shall not overhang surrounding wall planes, but shall be set flush with the facade or be placed inconspicuously in facade recesses.

(Ord. 65-03. Passed 9-2-03.)

1185.13 ARCHITECTURAL DESIGN REVIEW PROCEDURE.

(a) Architectural Design Plan Required. The Architectural Design Plan ("ADP") is a conceptual master plan intended to accomplish the goals of integrated master planning, connectivity between major developments, creation of park and open space networks across neighborhood boundaries, creation of neighborhood features and centers, provision of adequate utilities, and high levels of residential design quality.

(b) Submittal Timing. Review and approval of an ADP by the Planning Commission shall be required prior to, or concurrent with, approval of a rezoning to a planned district or preliminary plat approval.

(1) Combined Submissions Encouraged. At the applicant's option, an application for an ADP may be combined with an application for a preliminary subdivision plat or rezoning to a planned district.

(2) Review Criteria. The Planning Commission shall review the ADP and shall take final action to approve, approve with conditions, or deny the ADP based on its compliance with the following criteria:

A. The ADP is consistent with the Comprehensive Plan and with all other duly adopted plans and policies;

B. The ADP complies with all applicable zoning district, development, and subdivision regulations; and

C. The ADP complies with these Residential Design Standards.

(d) Effect of Approval. An approved Architectural Development Plan shall lapse and be of no further force and effect if a preliminary subdivision plat or preliminary site plan for the development, or for a phase of the development identified in the ADP, has not been submitted within three (3) years from the date of the Planning Commission's final action.

(e) Submittal Requirements. Each ADP shall contain the following elements unless the Planning Commission determines that one or more of the elements are unnecessary.

(1) Land analysis element that identifies:

A. Natural or manmade features and amenities such as streams, irrigation ditches, significant views, stands of mature trees, historic or archeological sites or areas, agricultural outbuildings, and actual and potential wildlife habitat;

B. Hazards, including airport influence areas;

C. Existing or planned street and road system located adjacent to the subject property;

D. Land uses, existing or approved by the Village, located within ½ mile of the boundaries of the subject property;

E. The proposed development's relationship with and connections to surrounding lands and land uses (existing or approved);

F. Any non-residential areas within the development; and

G. Any natural or man-made features used to divide the property into individual neighborhoods and development areas.

(2) Location and Provision of neighborhood features that will serve as focal points for the community, and identification of any design themes for the proposed Neighborhood Feature such as common architectural themes, landscaping themes, general materials, and general styles.

(3) General organization of land uses and densities, including the placement of Neighborhood Features and activity centers. An ADP may include identification of general locations of conditional uses if the applicant chooses, but approval of an ADP shall not constitute approval of specific conditional uses.

(4) General auto, pedestrian circulation, and trails network that complies with these Residential Design Standards, the Obetz Subdivision Regulations, as amended, and applicable Village road standards and specifications.

(5) General park and open space network that complies with these design standards, the Obetz Subdivision Regulations, as amended, and the Parks and Recreation Master Plan.

(6) Conceptual Drainage Plan. Planning level of detail is required, but no engineering details or analysis is required at this stage.

(f) Staff Review for Compliance.

(1) The Village Engineer, or designee, shall be responsible for reviewing all subdivision applications for compliance with these Residential Design Standards. In the staff report compiled for the Planning Commission, the Village Engineer shall include a written finding regarding the application's compliance or non-compliance with these Residential Design Standards.

(2) The documents shall be submitted to the Planning and Zoning Administrator not less than thirty-five (35) days prior to the Planning Commission meeting.

(3) All ADP submittals shall be accompanied by a fee as established by Village Council.

(g) Additional Review Criteria.

(1) Preliminary Subdivision Plats. In addition to the review criteria set forth in the Subdivision Regulations, the Planning Commission shall review all applications for preliminary subdivision plats for compliance with the following criteria:

A. The plat complies with the terms and conditions of any previously approved Architectural Development Plan;

B. The plat complies with the residential site planning and site design standards and the mix of residential lot dimensions standards set forth in these Residential Design Standards; and

C. The plat evidences the availability and adequacy of public facilities and services needed to meet the demand generated by the proposed subdivision.

D. The Planning Commission shall deny a preliminary subdivision plat that does not evidence such compliance, unless the applicant has made a successful application for a variance from these Residential Design Standards pursuant to Section 1181.04.

(2) Final Subdivision Plats. In addition to the review criteria set forth in the Village's Subdivision Regulations, as amended, the Planning Commission shall review all applications for final subdivision plats for compliance with the following criteria:

A. The plat complies with the terms and conditions of any previously approved Architectural Development Plan (ADP) and/or a preliminary subdivision plat;

B. The plat complies with these Residential Design Standards, including, without limitation, standards requiring a mix of housing models; and

C. The plat evidences the availability and adequacy of public facilities and services needed to meet the demand generated by the proposed subdivision, or has provided measures to substantially mitigate any inadequacies.

D. The Planning Commission shall not recommend approval, nor shall approve a final subdivision plat that does not evidence compliance with these Residential Design Standards, unless the applicant has made a successful application for a variance pursuant to Section 1181.04.

(h) Housing Model Mix--Verification at Building Permit Stage. Applicants for building permits for single-family detached dwellings that were part of a subdivision approved in accordance with this subsection shall affirm and certify in the building permit application that the dwelling that is the subject of the permit does not adjoin or face a lot with the same housing model in violation of the mix of housing model standards set forth in Section 1185.07 above. No building permit shall be issued for construction out of compliance with these regulations.

(i) Building Permit Review Required. After the effective date of these Residential Design Standards, no building permit shall be issued for the construction of a residential structure subject to these Residential Design Standards until the applicant has produced evidence that the unit for which a permit is being requested has been approved pursuant to the Building Permit Review set forth in this subsection.

(j) Application Filing. Applications for Building Permit Review shall be submitted to the Village. Such applications shall include:

(1) An application form approved by the Village, and

(2) Three (3) scale drawings of each elevation of each dwelling unit, or housing model, that is subject to design requirements pursuant to these Residential Design Standards. All application materials shall be in adequate detail to enable the Village to determine whether each of the required standards has been met.

(k) Review and Action. The Village shall review each application for Building Permit Review and act to approve, approve with conditions, or deny the application based on the Approval Criteria.

(l) Approval Criteria. The Village shall review the application to determine if the proposed development complies with the Comprehensive Plan, all applicable zoning and subdivision requirements, and all applicable requirements of these Residential Design Standards.

(m) Approval Language. The Building Permit Review approval document shall state that all dwellings covered by the approval shall be constructed as shown in the application documents, except as such designs may have been amended by conditions attached to the approval.

(n) Extension of Approval Periods.

(1) Once a Building Permit Review has been completed and approved it becomes a part of the Building Permit and is subject to the same conditions of the Building Permit. The Building Permit and the approval may be extended for six (6) months with the approval of the Building Department and the Planning Department if at least thirty percent (30%) of the overall building permits have been issued in the subdivision for which the extension is being requested. Only one such extension shall be granted.

(2) If the Building Permit Review has been approved for a phased project, the approval will be void if no building permit is applied for within a three year period. If one phase is completed which accounts for at least thirty percent (30%) of the total project, the Building Permit Review approval for the remaining phases shall be valid for an additional three (3) years from the date of completion of the first phase. The issuance of a Certificate of Occupancy for the last building constructed in a phase shall mark the completion of that phase. Only one such extension shall be granted for multiphase projects.

(o) Appeal. Disputes regarding the Village's decisions shall be first appealed to the Planning and Zoning Administrator, or designee. Disputes regarding the Administrator's decisions shall be appealed to the Planning Commission.

(p) Amendments. Any Building Permit Review approval granted pursuant to this subsection may be amended by filing a new application for Building Permit Review together with all supporting documents.

(q) Lapse of Approval. The right to construct residential structures in accordance with the Building Permit Review approval shall lapse and be of no further effect with respect to any homes for which a building permit has not been obtained within six (6) months of the date of Review approval, unless an extension has been granted.

(r) Building Permits. No building permit relating to any non-exempt residential development shall be issued until the applicant has received a Building Permit Review approval pursuant to the terms of this chapter.

(Ord. 65-03. Passed 9-2-03.)

1185.14 VARIANCES.

If specific site conditions make it impossible or clearly impractical to construct dwellings as required by these Residential Design Standards, the applicant may request a variance from the terms of these Residential Design Standards through the Village's standard zoning variance procedure set forth in Section 1181.04, as amended. The variance process may not be used to vary the terms of a subdivision approval or a Building Permit Review approval where the site conditions supporting the variance were caused by the applicant or known to the applicant at the time of the subdivision or Design Review application.

(Ord. 65-03. Passed 9-2-03.)

1185.15 ENFORCEMENT.

Any violation of these Residential Design Standards, including without limitation, construction of any new single-family detached, duplex dwelling unit, or multifamily building without first obtaining subdivision or Design Review approval, or filing false or misleading information on a subdivision or Design Review application, shall be a violation of the Obetz Zoning Regulations, as amended, and shall be subject to all the enforcement provisions of those regulations. Without limiting the generality of the previous sentence, these Residential Design Standards may be enforced by withholding residential building permits, suspending or revoking building permits previously granted, or issuing stop work orders effective until violations of these Standards have been corrected.

(Ord. 65-03. Passed 9-2-03.)

1185.16 VIOLATION, PENALTY.

Any person who violates any of the provisions of this chapter is guilty of a violation of this chapter and shall be punished as provided in Chapter 1183.