Design Review Board Standards
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Virtually all subdivision deed restrictions and condominium documents provide for the review of proposed Improvements by a Design Review Board (sometimes called an “Architectural Review Committee” or other comparable name). The Design Review Board has the authority to impose standards for the various types of Improvements that can be constructed. The following standards apply in MOST single-family subdivisions managed by Omni. Condominium standards are too varied to summarize efficiently, so please refer to your Declaration of Condominium or contact Omni to discuss any plans you have for improvements at your condominium. Please note, that these standards are published to explain, and give advance notice, to property owners of the conditions to which their proposed Improvements are likely to be subjected. The inclusion in this document of the following general standards does not guaranty that the standards for a specific type of Improvement in a specific subdivision will meet the following description. Also be aware that fences, in particular, are subject to specific limitations on a subdivision-by-subdivision basis, and are not permitted at all in some subdivisions. PROPOSED IMPROVEMENTS MUST BE SUBMITTED FOR PRIOR REVIEW, EVEN IF THEY MEET SOME OR ALL OF THE CONDITIONS DESCRIBED HEREIN.
FENCING
In subdivisions where fencing is permitted, fencing must be located on the property line or set-back sufficiently to allow for the maintenance of the area on your property but outside of the fenced area without requiring entry onto adjacent property. You continue to be responsible for maintenance of the portions of your property outside of the fenced area. Gates must be installed to provide access to areas that otherwise would be inaccessible from your lot.
No fence shall be located closer to any front or side street than the building line shown on the recorded plat.
The fence must be installed ‘beauty side’ out, with all structural members of the fence on the inside of the facing boards.
No fence shall be located closer to the street on which the house fronts than a line parallel to the street and extending from the midpoint between the front and rear corners of the home. Each side of a home has its own midpoint.
In general, the Design Review Board standards do not allow for a fence alignment that ‘jogs’ (i.e. around utility junction boxes). Fences normally must be installed so as to follow/parallel the property lines, and either incorporate the utility box(es) into the fenced area, or to exclude a strip of land, typically uniform in width, along the entire property line. If a fence is installed to exclude a strip along the rear line, a gate must be installed along the rear fence line to provide access for you to maintain the portion of the lot located outside of the fence.
Fence height is measured at the top of the highest point of the fence. This means that for a scalloped design, fence height is measured at the top of the peaks, not the bottom of the valleys in the fence.
All fences must be clear-coated, stained or painted to prevent natural graying of the wood. In some subdivisions, specific fence colors are required. In subdivisions where specific colors are not required, fences must be clear-coated, stained a natural wood color, or a solid color (opaque stain or paint) matching or complementing the color of the house may be approved based on a specific submittal to the Design Review Board.
DECKS
Decks must be constructed of wood or approved wood-substitute materials, and should not be of such mass as to be inconsistent with the size and mass of the house to which attached.
At all locations at which a deck is 12” or more above grade, the view to the underside of the deck must be obscured by skirting or landscaping.
Decks must be clear-coated, stained or painted to prevent natural graying of the wood. Specific colors may be required in some subdivisions. In subdivisions where specific colors are not required, decks must be clear-coated, stained a natural wood color, or a solid color (opaque stain or paint) matching or complementing the color of the house may be approved based on a specific submittal to the Design Review Board.
Under no circumstances may the underside of a deck be used for storage purposes.
ROOM ADDITIONS
All materials used in the construction of a room addition, including but not limited to siding materials and roof shingles must match the existing home. Flat roofs are generally not permitted. Metal roofs are generally not permitted. The size and massing of a proposed Room Addition must not be inconsistent with the size and massing of the home to which the addition is attached. Detached structures will generally not be approved. Exterior colors must match or complement the existing home color(s). Windows and doors must be consistent in appearance with the windows and doors on the existing structure. The mere attachment to a home of a structure that functions as a ‘shed’ does not change it from a shed to a room addition, and such a structure will not be approved in subdivisions in which sheds are not permitted.
SIDING/SHINGLES
Any material and/or proposed color change or alteration must first be submitted to and approved by the Design Review Board. Colors must be consistent with any color scheme used in the general development of the subdivision in which the relevant home is located. In some subdivisions natural materials are required on one or more sides of a structure. Dimensional shingles are required in some subdivisions.
OTHER STRUCTURES
(ARBORS, PERGOLAS, GAZEBOS, SCREENING)
Structures are to be constructed of wood or other approved wood-substitute materials. Specific types of wood or other materials may be required for certain types of structures in certain subdivisions. All wood structures must be clear-coated, stained or painted to prevent natural graying of the wood. In some subdivisions, specific colors may be required. In subdivisions where specific colors are not required, structures must be clear-coated, stained a natural wood color, or a solid color (opaque stain or paint) matching or complementing the color of the house may be approved based on a specific submittal to the Design Review Board. Detached structures can be approved in most subdivisions, subject to a determination that the size and location are appropriate, taking into consideration the sizes and locations of existing homes and other structures on the lot on which the structure is proposed, and on adjacent lots. Elevated structures may require skirting or landscape screening around the base, and storage in or under such a structure generally will not be permitted. No structure may be used for a purpose that is prohibited under the deed restrictions. Privacy screening shall be limited to two sides of any structure to be screened, and may not extend more than two standard fence section lengths (usually a total of 16’) on one side, and one standard fence length (usually 8’) on the other. The maximum height of screening will generally be limited to six feet (6’). The design, materials and colors of screening will be subject to the same considerations as apply to fencing and decking.
PATIOS
The grade at which the patio is to be constructed must be disclosed in the application, and generally patios will be required to be installed within approximately six inches (6”) of existing grade. Patios may be constructed of poured concrete, stone pavers or other natural or cultured material, subject to the determination by the Design Review Board that the color, size and location are consistent with the home on the property. Basketball poles (permanent or temporary) may not be used on or adjacent to approved patios unless such proposed use is disclosed in the application for the construction of the patio. Special conditions may be applied to patios that are intended to serve also as basketball courts; and in some subdivisions, the use of a patio as a basketball court may be prohibited.
RECREATIONAL STRUCTURES
Play sets, play houses and other recreational structures not easily movable by one individual working alone must be submitted for approval by the Design Review Board. In some subdivisions, recreational structures are prohibited, and in some subdivisions a specific ‘brand’ of recreational structure may be required. Metal play sets are generally prohibited. Permitted play sets are subject to review for appropriateness of size (height, width and mass), color, design and location. Play sets incorporating swings or other moving accessories must be located so as to ensure adequate spacing from the side yard line, so that when in use such accessories will not come within 3’ of the lot line. Play houses will generally be required to be constructed in a manner that prevents their use as a shed, including limitations on overall size, height, and the size of doors and other openings. Wood recreational structures are subject to the same finish considerations (i.e. building materials and colors) as fences, decks and other structures.
Approved canvas roof(s) and flags must be maintained in good condition and must be cleaned, or repaired or replaced on an annual basis so as to retain a ‘new’ or ‘near new’ appearance. In some subdivisions, shingled roofs may be required in lieu of canvas roofs.
HOME BUSINESSES
In general, home businesses can only be approved if, (i) only the resident[s] are engaged in the home occupation; (ii) there is no sign advertising your home business use of your property; (iii) there is no visible evidence of the operation of the occupation from the residence; (iv) there is no traffic in excess of the ‘residential norm’; and (v) the home business does not involve the use or storage of materials (such as chemicals) that are inconsistent with the fact that the use is in a residential neighborhood, and no noise, odors or other offensive conditions are created by the use. Also please note that the Design Review Board’s approval of a proposed home business use is not a substitute for any governmentally required approvals and/or permits (if any), and it is the homeowner’s responsibility to verify that the proposed use is permitted under applicable zoning regulations, and to obtain any permit that may be required. A relatively common home occupation use is daycare, which is generally limited to the care of not more than three children in addition to any children who permanently reside at the home.
SHEDS
The deed restrictions for most subdivisions prohibit storage buildings of any kind, including but not limited to sheds and barns. If you reside in a subdivision in which, with the approval of the Design Review Board, sheds are permitted, all materials used in the construction of the shed, including but not limited to siding and shingles, must match the existing home. In general, metal sheds, flat roofs and metal roofs will not be approved. Sheds are regulated as to size (height, square footage and mass) and location. Landscape screening to limit visibility of a shed from adjacent lots may be required. Outside storage around an approved shed will not be permitted.
SWIMMING POOLS
Above ground pools are prohibited in virtually all subdivisions Omni manages. In-ground pools are permitted, subject to a site review to determine that a pool is not inconsistent with the topography and other General Site Considerations (see below). Local ordinances usually require fencing around a pool, and a resident installing an in-ground pool will be required to comply with the fence provisions of the deed restrictions AND local ordinances. If the restrictions and local ordinances are inconsistent with one another, the resident will be required to comply with all provisions of the restrictions to the extent they would not result in a violation of the local ordinance(s). Local ordinances usually have a minimum fence height requirement pertaining to lots with pools. Most deed restrictions provide for a maximum fence height, subject to increase to the minimum height required by the local government if a pool is involved.
Pool equipment must be screened from view from adjacent properties by structural screening, landscaping or a combination of both. Pool houses would be considered as a shed or other outbuilding, and may or may not be permitted.
SATELLITE DISHES
To be approved, a satellite dish may not exceed one meter in diameter.
Satellite dishes are approvable if they meet the following criteria: (i) no roof mounting, (ii) the satellite dish must be located so as to minimize its visibility from the front of the home. In general, this would require the satellite dish to be located behind the midpoint on the side of your home, (iii) ground mounts must be obscured from view to the street(s) and neighbor(s) by landscaping, (iv) if you cannot comply with one or more of the stated conditions and receive a suitable satellite signal, variances from these standards may be approved, but you will need to resubmit to the Design Review Board, and provide written verification as to why any standard(s) cannot be met. All standards that can be met and still result in appropriate signal reception will be required to be met.
BASKETBALL/TENNIS COURT
Such recreational “courts” generally will not be approved. In some subdivisions, such courts might be approvable if the Board determines that the proposed size and location would not detract from the residential character of the neighborhood, and specifically the ability of neighbors on immediately adjacent lots to peaceably enjoy their homes adjacent to the proposed Improvement. To that end, if approvable at all, any such court will be subject to heightened landscape screening requirements, most likely on all sides in view of adjacent lots and the street. Typical landscaping would consist of plant material a minimum of 5’ at the time of planting and growing to not less than 8’ in height at maturity.
No lighting of a court will be approved.
The maximum approvable size of a basketball court is approximately 30’ x 25’ and a smaller area may be required based on a lot by lot review by the Design Review Board.
GROUND LIGHTING
Lights must be shielded so that there is no light shining directly toward the street or adjacent properties. The lights may not exceed 70-watts.
FLAG POLES
The height of a proposed flag pole must be less than the distance between the pole location and the edge of the adjacent property unless the Design Review Board first reviews and approves the construction detail showing how the pole will be anchored to the ground.
Desired lighting, if any, must be fully detailed in the application. The light must be shielded so that there is no light shining directly toward the street or adjacent properties. No such light may exceed 70-watts.
LANDSCAPING
All landscaping (defined for purposes hereof as planting beds and plant material) is technically considered an “Improvement” under most deed restriction definitions, and requires Design Review Board approval. In general, proposed landscaping changes will only be disapproved if they involve (i) impediments to the line-of-sight at intersections; (ii) noxious plant material (poison ivy; cottonwood trees; weeping willows or other dangerously invasive plants); (iii) intrusion into no-build or preservation zones; or (iv) hazards to adjacent residents and/or properties. Hardscape components of a landscaping plan will be reviewed according to the standards described elsewhere herein. Vegetable gardens are not considered to be ‘landscaping’ and may be approved or disapproved pursuant to the restrictions themselves, and if a garden is permitted under the restrictions, according to size, location and appearance.
GENERAL SITE CONSIDERATIONS
No applications will be approved for any Improvements that will result in (i) the damming of water at a property line or an increase in surface (or known subsurface) water flow across a property line; (ii) the redirection of surface (or known subsurface) water flow unless an engineering study is provided to show that such diversion will not negatively impact any adjacent property; (iii) the creation of a clear hazard to residents in the neighborhood; or (iv) the need for grading or other site modifications on any adjacent lot. Lots located at street corners may be required to meet heightened landscape screening requirements for any proposed Improvements by comparison to lots internal to a subdivision street system. Lots adjacent to non-residential uses may be entitled to reductions in some of the subdivision standards.
The foregoing list of standards is not exhaustive of the considerations undertaken by the Design Review Board in responding to a submitted Application. It is, however, representative of the most frequently raised issues dealt with by the Board, and will provide guidance to all residents in planning proposed Improvements. All residents are encouraged to read their deed restrictions, and are reminded that virtually all proposed modifications to the exteriors of their homes, and improvements in their yards, REQUIRE Design Review Board approval prior to construction.
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