Single family dwelling units may be used for temporary on-your-lot builder model homes/sales offices subject to a Temporary Use Permit and the provisions of this chapter, including the following.
The provisions of this section are intended to regulate the use of a single family dwelling unit when used as a temporary sales office and model home for the sale of construction services to build single family residential units on vacant lots. These provisions are not intended to allow a permanent or temporary real estate office involved in real estate sales other than those involving lots sold in conjunction with the construction services being offered.
Prior to the issuance of a Temporary Use Permit, the reviewing authority shall find and justify the following to be true.
The proposed On-Your-Lot Builder Model Home/Sales Office structure will not have an adverse effect on adjacent properties.
Prior to approving the request for or request to extend a Temporary Use Permit for an On-Your-Lot Builder Model Home/Sales Office, the proposed use shall comply with the following.
(1) The On-Your-Lot Builder Model Home/Sales Office shall be used only for the sale of construction services to build single family residential dwelling units on vacant lots and related real estate sales. All real estate sales shall be limited to the sale of vacant lots in conjunction with the sale construction services for the same lot. All real estate sales shall be an accessory and subordinate use to the primary use of construction service or sales.
(2) Two accessory freestanding or monument signs shall be permitted, and they shall neither exceed 32 square feet nor 12 feet in height. Such signs shall only be permitted on the same tract as the model home/sales office and shall be kept in good repair at all times. A freestanding sign shall maintain a minimum clearance of eight feet between the bottom edge of the sign and the ground. The leading edge of such a sign shall be no closer than one foot from the planned right-of-way. All signs shall comply with the provisions of Development Code Division 7, Chapter 7, that are not in conflict with this subsection.
(3) Also, each site shall be allowed to have a maximum of six flags that are each a maximum 12 square feet in area and a maximum 12 feet in height. Such flags shall be maintained in good repair at all times. For the purpose of this section, this shall mean no weathered, faded, or tattered flags are allowed.
(4) One “open house sign” no larger than 24" x 18" on poles no higher than four feet tall may be displayed. Also, no more than two pennants may be displayed. Pennants shall be no greater than 2' x 3' mounted on poles no higher than four feet tall. Hours of open house sign and pennant flag displays shall be no earlier than sunrise and no later than sunset.
(5) Other than as allowed by this section, moveable or portable signs, off-site directional signs, plastic banners, balloons, streamers, propellers, or other similar apparatus which are primary placed and intended to attract the attention of the general public shall not be permitted.
(6) An annual inspection by the Community Development Department shall be made in order to ensure compliance with any conditions of approval.
(7) A minimum of two paved and two other alternate parking spaces shall be provided. The Community Development Director shall approve alternate parking spaces subject to surfacing requirements and possible alternate locations (e.g., on-street parking) where it is deemed necessary and appropriate.
(8) At least one model home shall be fully landscaped with drought-tolerant xeriscape materials.
(9) A Temporary Use Permit for other On-Your-Lot Builder Model Home/Sales Offices may be transferred to another party. Such a transfer shall not entitle the new owner to use such a permit for a longer time period than ten years from the issuance of the original permit. The Community Development Department shall be notified of any transfer of ownership.
(10) Agreement to Terminate a Temporary Use
Prior to the issuance of the permit for the first year and as a condition of that permit approval, the permittee shall enter into an agreement with the City, which shall be recorded in the official records of the City by the County Recorder. The agreement will establish the responsibility of the permittee to comply with the provisions of this chapter. This will include acknowledgement that the permittee shall terminate the model home/sales office no later than ten years from the date of the initial permit and restore the structure to a use allowed by the current Land Use District on the subject property.
All existing On-Your-Lot Builder Model Home/Sales Offices shall be required to obtain a Temporary Use Permit for their use. Such permits, together with approved annual extensions, will allow these uses to continue for an additional five years from the effective date of this section without penalty, provided such uses comply with the provisions and conditions established by or under the authority granted by this section. (Amended by Ord. 186 §§ 5—7, 1998; Ord. 210 § 23, 2001)