§ 5-57. Formula for determining violation; limitation of corrective construction.

(a)

In order to determine whether or not any structure duplicates or is so similar to either the exterior architectural appeal and functional plan of the structures already constructed, or in the course of construction, within six hundred (600) feet or seven (7) lots, whichever is the lesser, of the proposed structure on the same side of the street, the following factors will be considered the chief building official of the city:

(1)

A duplication or similarity in the massing of the front of the house;

(2)

A duplication or similarity in roof framing;

(3)

A duplication for similarity in car storage area.

(b)

Should the chief building official find that the proposed structure duplicates or is so similar with structures already in construction, or in the course of construction, that are within six hundred (600) feet or seven (7) lots, whichever is the lesser, on the same side of the street, he or she may consider any one (1) of the following three (3) major changes, in conjunction with the required minor changes, as evidencing sufficient change in similar or duplicate structures:

A- A plan change which will affect the massing of the front of the house in such a manner so as to cause a perimeter change of the addition or elimination of two (2) or more corners. The height of any such wall to be classified as a perimeter wall shall be from ground line to soffit line.

B- A definite change in roof framing by changing the style (hip to gable, etc.) or addition of a cupola or a change of one (1) inch, plus or minus, in roof pitch.

C- A definite change in car storage that involves position and direction of entrance; or, if direction of entrance remains the same, the car storage area shall move forward or backward a minimum of eight (8) feet for a flat roof.

Each of the following shall be considered one (1) in the formula in subsection (c):

(1)

Change of roof color;

(2)

Change of roof material or shape of material;

(3)

Change of extent of overhang or distinctive change of shape off overhang;

(4)

Garage instead of carports involving area change or vice-versa;

(5)

Change of exterior wall texture;

(6)

Change of exterior wall pattern;

(7)

Change of exterior wall materials;

(8)

Change of area of exterior wall texture, pattern and materials;

(9)

Use of walls and fences;

(10)

Change of exterior wall color;

(11)

Change in fenestration;

(12)

Change in type of windows;

(13)

Change in design details such as depth of cornice boards, soffit materials, shutters, garage door, etc.;

(14)

Change in landscaping materials and plan; sketch required;

(15)

Use of grilles;

(16)

Use of planters;

(17)

Use of patio;

(18)

Use of walks.

(c)

The following combinations will be acceptable as evidencing sufficient change in similar or duplicate houses:

A and four (4) units of items (1) through (18);

B and four (4) units of items (1) through (18);

C and four (4) units of items (1) through (18);

A and B and two (2) units of items (1) through (18);

C and B and two (2) units of items (1) through (18).

A different front entrance detail should be required with each combination.

(Code 1964, § 6-9)