Section 17.14.075 Masonry coverage requirement.

(1) A minimum of three (3) sides (profiles) of the exterior walls of fifty per centum (50%) of the dwelling houses to be located on the lots in the subdivision shall be constructed of face brick, from the ground level (the building foundation) to the building’s eaves (excluding gables, dormers, openings for windows and doors, trim [and for accenting authorized by the city’s city council, after considering the recommendation of the city’s building commissioner and/or the city’s architectural review committee]).

(2) The front façade (the profile of the dwelling house facing the street) of thirty per centum (30%) of the dwelling houses to be located on the lots in the subdivision shall be constructed of face brick, from the ground level (the building foundation) to the building’s eaves (excluding gables, dormers, openings for windows and doors, trim [and for accenting authorized by the city’s city council after considering the recommendation of the city’s building commissioner and/or the city’s architectural review committee]).

B. Variations from Masonry Coverage Requirement. Notwithstanding the exterior wall masonry building coverage requirement contained in the preceding subsection A, when by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the area, the strict application of the requirements contained in subsection A above would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of such property, the city council shall be empowered to authorize, upon application in regard to such property, a variance from such requirements to allow the dwelling house to be constructed on the property to be constructed of materials other than as is required by said subsection A provided: (i) the proposed materials are authorized and approved by the BOCA National Building Code in effect at the time of reference; and, (ii) the proposed materials are authorized by the city council (with the advice and/or recommendation of the city’s zoning administrator and/or the city’s architectural review committee). In granting a variance to a property owner pursuant to this subsection of this section of this code, economic hardship caused to a property owner resulting from the cost of exterior building wall brick masonry construction as compared to the cost of alternative exterior building wall building material construction authorized and approved by the BOCA National Building Code shall not be a factor to be considered by the city council. Such economic hardship caused to a particular property owner shall not constitute a peculiar and exceptional practical difficulty or exceptional and undue hardship upon the property owner justifying relief from the strict application of the requirements of subsection A above.

C. General Requirements. Each preliminary subdivision plat and final subdivision plat (including plats for subdivisions to be platted and developed in phases or additions) submitted to the city for city council approval shall depict on the plat drawing and shall state in a note or chart on the plat which lots shall be restricted to a minimum of three (3) sides (profiles) exterior brick masonry walls, which lots shall be restricted to a minimum of a front façade wall (profile) exterior masonry brick requirement and which lots shall be unrestricted as to an exterior wall brick masonry requirement. For ease of reference, the following code (or abbreviations) may be depicted on the lots on the plat drawing and used on the chart with reference to the subject restrictions: (1) for three (3) sides brick – (B3), (2) for front façade brick - (BF) and (3) for unrestricted lots - (0).

Plat submittals which lack the number of building lots to fully satisfy the exterior wall masonry brick restriction percentages required by subsection A above, shall be required to favor the more restrictive over the less restrictive or unrestricted building lots exterior wall brick masonry requirement. So that, for example: (A) if there are only three (3) building lots in a subdivision, two (2) of the building lots shall be subject to the three (3) sides brick wall (B3) restriction and the remaining one (1) building lot shall be subject to the front wall brick facade (BF) restriction; (B) if there are only five (5) building lots in a subdivision, three (3) of the building lots shall be subject to the three (3) sides brick wall (B3) restriction and the remaining two (2) of the building lots shall be subject to the front façade brick wall (BF) restriction; and, (C) if there are only six (6) building lots in a subdivision, three (3) of the building lots shall be subject to the three (3) sides brick wall (B3) restriction, two (2) of the building lots shall be subject to the front façade brick wall (BF) restriction and the remaining one (1) building lot will not be subject to a exterior wall brick masonry construction restriction.

The application of the exterior wall brick masonry requirement percentages required by subsection A above shall be determined by the number of lots in a subdivision and not by the square footage of the bulk area of a subdivision or by some other method of measurement. The subdivider shall be required to select the location of the restricted and the unrestricted lots, in accordance with the requirements of subsection A above, at the time of the subdivider’s first subdivision plat submittal to the city (that is, at the time of preliminary plat submittal for other than minor subdivisions and at the time of final plat submittal for minor subdivisions).

The exterior wall brick masonry requirement restriction that attaches to each building lot in a subdivision shall be a minimum construction requirement; shall run with the land to which the restriction pertains; and a restricted lot may not be exchanged for an unrestricted lot or less restricted lot in the subdivision (and thereby be relieved of its exterior wall building material restriction), except by a replatting of the subdivision approved by the city’s city council.”

(17.14.075 Masonry coverage requirement., Added, 01/03/2006, Added Brick Ordinance to Zoning Code.)