The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Model home marketing complex means a sales complex consisting of not more than ten models, a sales office and landscaping designed and used only for the marketing of dwellings or lots.

(Ord. No. 1219; Code 1984, § 20600)

Cross reference— Definitions and rules of construction generally, § 1-2; definitions pertaining to zoning, § 90-4.

Notwithstanding any other provisions of this chapter, after a tentative subdivision map has been approved, a model home marketing complex may be constructed within the area covered by the tentative subdivision map if all of the conditions of this article are complied with.

(Ord. No. 621; Code 1984, § 20601)

The owner or developer of land within a subdivision who desires to construct a model home marketing complex therein shall file three copies of the following with the planning director:

(1)

The model home marketing complex site plan, which must be a typical representation of the proposed development, including plot plans showing the proposed location and elevation of all models and of all other structures proposed to be built, the location of roads, walks, parking areas and other improvements within the complex, and landscaping plans.

(2)

An agreement for construction of model homes signed and acknowledged by both the owner and the developer guaranteeing that all land and improvements constructed as a part of the model home complex shall conform with the final subdivision map, where applicable, zoning and improvement plans, and guaranteeing that, if the final subdivision map is not recorded within 18 months from the date of the agreement for construction of model homes or any authorized extension thereof, all of the improvements shall be removed at the sole cost of the owner thereof and the land restored to its former condition. The agreement for construction of model homes shall require that the owner and developer provide adequate security to ensure performance in the form of either (1) a cash deposit, (2) performance bond, or (3) letter of credit in a form acceptable to both the planning director and city attorney. The city manager is authorized to approve and execute the agreement on behalf of the city.

(3)

A legal description of the area, including each individual lot within the subdivision upon which the model home marketing complex is to be constructed.

(Ord. No. 1349; Code 1984, § 20602; Ord. No. 1767, § 1, 9-26-06)

After the planning director has reviewed the plot plans for a model home marketing complex, he may approve, amend or disapprove the plot plans. In approving a model home marketing complex, the following findings shall be made:

(1)

The design of the improvements:

a.

Is consistent with the subdivision map conditions.

b.

Is consistent with zoning requirements of the zone.

c.

Will not adversely affect the public health, safety and welfare.

(2)

Signs are consistent with this chapter.

(3)

There is adequate onstreet or off-street parking.

(Ord. No. 1349; Code 1984, § 20603)

After the plot plans for a model home marketing complex have been approved by the planning director, the owner or developer may apply to the building official for a building permit for the model home complex in accordance with the approved plot plans. All plans, specifications and certificates required for compliance with the building code, together with the payment of the prescribed fees, shall be required.

(Ord. No. 1349; Code 1984, § 20604)

Plans and specifications shall be submitted to the public works director for the construction of necessary streets, curbs, gutters, paving and fire protection to serve the model home complex, and necessary utilities, sewers and storm drains shall be constructed. Plans and specifications shall be approved by the public works director prior to issuance of building permits. Final street construction may be deferred until such time as the model home complex is no longer in use, providing a bond, in an amount approved by the public works director, guaranteeing final street construction, is posted.

(Ord. No. 1349; Code 1984, § 20605)

The owner or developer shall also construct on the model home complex site suitable and adequate toilets and washing facilities for public use. The plans and specifications for such facilities and their location shall be approved by the building official prior to construction. The facilities shall be permanently maintained in a clean and sanitary manner to the satisfaction of the health department.

(Ord. No. 1349; Code 1984, § 20606)

No residential occupancy shall be permitted in any dwelling unit constructed as a part of a model home marketing complex until the planning director and public works director have certified that improvements related to marketing have been removed, that the dwelling, garage and driveway have been fully restored for residential use, and that all of the requirements of this chapter which are applicable to the dwelling unit have been met, and until the building official has finally certified that all building code requirements have been met.

(Ord. No. 1349; Code 1984, § 20607)

A decision of the planning director under this article may be appealed to the planning commission is accordance with section 90-44.

(Ord. No. 1349; Code 1984, § 20608)