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Historic new town Gree, da/c,
<br />Wisconsin. has prospered i, spite of
<br />its simple appearance.
<br />
<br />different streets. On cul-de-sac
<br />turnarounds, no dwelling shall be
<br />similar in appearance to another
<br />dwelling on the turnaround."
<br /> Tire review considers roof
<br />type, roof height, architectural
<br />elements of the front elevation,
<br />such as approximate dimensions
<br />and shape, relative locations and
<br />sizes of windows, relative location
<br />and size of the garage door(s),
<br />and types of building materials.
<br />Nansen points out that New
<br />Lenox is concerned only with the
<br />front elevation because it did not
<br />want to create an affordable
<br />housing issue. "Prohibiting
<br />monotony has nothing to do
<br />with the cost," she says. "Minor
<br />cosmetic changes to a facade
<br />make a difference. The buildings
<br />can all have the same floor plan."
<br /> New Lenox also designed its
<br />ordinance with developers in
<br />mind. "We gave the ordinance
<br />a three-month implementation
<br />date so that there was plenty of
<br />
<br />time to notify developers and contractors," Hansen says.
<br />Homes sold during the three-month period were not subject
<br />to the ordinance. So far, savs Hansen, "developers don't
<br />have a problem with this. Most of them view it as good
<br />business practice. The), recognize that people don't want to
<br />live in an anonymous house identical ro the one next door.
<br />We haven't denied any permits because of this. It hasn't
<br />changed what we do."
<br />
<br />The Language of Aesthetics
<br />No matter how your community decides to approach the regula-
<br />tion of monotony, there are several problems to consider. When
<br />drafting an ordinance, remember that the language of aesthetics is
<br />highly subjective. For example, neotraditlonalism is sweeping the
<br />nation, but it is still common to find subdivision design regula-
<br />tions that state that "monotonous grid patterns are to be avoided."
<br />As Dwight Merriam notes, "Monotony is in the eye of the
<br />beholder. X~rhar one person sees ~ a wild swing in architecture
<br />may be another one's monotony. You have a real problem trying
<br />to determine what is monotonous and what isn't."
<br /> Once you define monotony, you still must decide where
<br />harmony stops and monotony begins. Is there a fine line
<br />between the ~,o, or do they overlap somewhere in bet~,een?
<br />This distinction is especially important because many
<br />communities have design guidelines that promote "harmon)'"
<br />while at the same time discouraging "highly similar" and
<br />"monotonous" designs. Chris Duerksen, of' Clarion Associates
<br />in Denver, advises communiries to avoid contradictions by
<br />being specific. "Take a good look at what you mean by
<br />harmony," he advises. "To be 'in harmony' with other buildings
<br />means different things in different neighborhoods. You have to
<br />
<br />define what 'harmon)" means to your community. Do you want
<br />to control height? Color? Is the spacing between structures
<br />important? If you're specific, you'll get better results."
<br />
<br />Legitimate Public Purpose
<br />Like an), other use of the police power, communities must
<br />establish a legitimate public purpose in order to regulate
<br />monotony. In most aesthetic regulations, public purpose is
<br />related to protecting the public welfare. It is widely believed that
<br />there is a positive relationship benveen the visual quality ora
<br />landscape and properp,,' values. Consequently, if monotony
<br />detracts from visual qualit),, it reduces a propert),'s value.
<br /> Most stare courts have recognized this (see Aesthetics and
<br />La,id Use Conn'ols, PAS Report No. 399). Because design review
<br />is concerned with the whole spectrum of design elements, the
<br />purpose of the accompanying legislation is equally broad. For
<br />example, the stated purpose of the Mercer Island, Washington,
<br />design commission includes: "... to protect, preserve, and
<br />enhance the social, cultural, economic, environmental, aesthetic,
<br />and natural values that have established the desirable quality and
<br />unique character of Mercer Island."
<br /> Myrtle Beach, South Carolina's ordinance is more detailed.
<br />Its community appearance board is intended to "... protect and
<br />enhance the Cir3,'s appeal to residents, tourists, and visitors and
<br />thus support and stimulate business and industry investment
<br />and occupancy in business, commercial, and industrial
<br />properties; stabilize and improve propcrr3, values and prevent
<br />blighted areas and thus increase tax revenues; achieve the
<br />beneficial influence of pleasant environments for living and
<br />working on behavioral patterns and thus decrease the cost of'
<br />governmental services..."
<br /> Monotony control ordinances are more specific than design
<br />review guidelines. Carol Stream states, in the preamble of its
<br />anti-monotony provision, "... monotony in single-family
<br />residential design tends to lower the value of single-family
<br />houses.., such monotony detracts from the aesthetic quality of
<br />areas and causes individuals to have less pride in their proper-
<br />ties, therefore diminishing the level of maintenance .... "This
<br />goes beyond the broad intent stated in most design guidelines.
<br />It describes a direct relationship between a single aesthetic
<br />element--monotony~and properr3, value. Monotonous places
<br />are assumed to be unattractive, making homeowners less likely
<br />to take pride in their homes, with falling properr3, values a
<br />result. Design review makes no such assumprion. It recognizes
<br />monotony as one concern among many design issues that affect
<br />the aesthetic quality of the visual environment.
<br /> It is interesting to note that some communities claim that
<br />monotonous housing is a threat to public safer3, because police,
<br />fire, and paramedic crews ma), face difficult), in answering
<br />emergency calls. Monotony, it seems, creates confusion because
<br />a caller cannot give a helpful description to supplement the
<br />address. This begs the question of whether emergencs..' response
<br />times are faster in a landscape where each home is distinctly
<br />different. Thi~ premise is highly suspect, A regulation based
<br />solely on this argument would not be defensible.
<br />
<br />Specific Guidelines Are Necessary
<br />In addition to a legitimate public purpose, a legally defensible
<br />monotony control must include explicit guidelines. Duerksen
<br />says it is not enough simply to outlaw monotony. "Ifa
<br />community wants diversity, variety, or individuality, it needs to
<br />define what it wants," he says. "The key is to look around your
<br />community and ask yourself: What is really important? What
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