The purpose of this section is to provide for the erection of model homes, which may include temporary real estate offices, in new subdivisions without adversely affecting the character of surrounding residential neighborhoods or creating a general nuisance. As model homes represent a unique temporary commercial use, special consideration must be given to the peculiar problems associated with them and special standards must be applied to ensure reasonable compatibility with their environment.

   To qualify for a building permit for a model home, which may include a temporary real estate office, the following shall be required:

   (1)   Upon receipt of final plat approval and recording, 1 building permit per subdivision may be granted. No final certificate of occupancy shall be issued until the infrastructure improvements including the first lift of asphalt have been completed and approved by the City.

   (2)   Upon completion of infrastructure improvements including the first lift of asphalt within the respective final plat subdivision, additional building permits may be issued for model homes and/or temporary real estate offices, provided that the number of model homes and/or temporary real estate offices shall not exceed 5% of the lots within the final plat.

   The erection of a model home(s) within all Residential Districts, which may include a temporary real estate office(s), shall require a building permit, as may be issued by the Zoning Administrator.

   (1)   Model homes and model homes with temporary real estate offices shall be allowed in all Residential Zoning Districts in which they are located and shall be utilized solely for selling purposes of lots and/or homes within the subdivision in which it is located.

   (2)   Temporary off street parking facilities equal to 3 paved spaces per model home dwelling unit or a model home with a temporary real estate office shall be provided. The head-in parking area on the driveway for the model home may be used to satisfy the off street parking requirement provided that the stalls are not in a tandem arrangement and no portion of the stall encroaches into the public right-of-way. The overall design, drainage, and surfacing of the temporary off street parking facility shall be subject to the review and approval of the Zoning Administrator.

   (3)   Access from a temporary parking facility shall be directed away from developed and occupied residential neighborhoods to the greatest extent possible, as determined by the City.

   (4)   No model home or model home with a temporary real estate office shall incorporate outside lighting which creates a nuisance to, among other things, other properties and/or public right-of-ways due to glare or intensity.

   (5)   All signage shall comply with the sign regulations as contained in City Code Subsection 1001.20, and its amendments, for the zoning district in which the model home and/or temporary real estate office is located.

   (6)   No residential certificate of occupancy shall be issued for a model home or model home with a temporary real estate office until such time as the structure has been fully converted to a residence in compliance with the adopted Building Code. Additionally, such conversion shall include, but not be limited to, parking lot restoration and the removal of signage and lighting. Any application for a certificate of occupancy shall be subject to the review and approval of the City.

   (7)   The restoration of all temporary parking areas with appropriate landscaping, as determined by the City, shall be completed by the end of the following growing season.

   Model homes and model homes with temporary real estate offices shall be used solely for the display and sale of home fixtures and products, and real estate for the subdivision in which they are located unless approved by the Zoning Administrator through an administrative permit.

(Ord. 2010-17, passed 7-27-2010)