§ 152.216 MODEL HOMES.
   (A)   Purpose. 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 shall be given to the peculiar problems associated with them and special standards must be applied to ensure reasonable compatibility with their environment.
   (B)   Qualification. 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, two building permits for model homes 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 number of lots within the final plat.
   (C)   Procedure. The erection of a model home(s) within all residential districts, which may include a temporary real estate office(s), shall require an administrative permit, as may be issued by the Zoning Administrator.
   (D)   Special requirements.
      (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 they are located.
      (2)   Temporary parking facilities equal to four paved spaces per model home dwelling unit or a model home with a temporary real estate office shall be provided. The overall design, drainage and surfacing of the temporary parking facility shall be subject to the approval of the Zoning Administrator or City Engineer.
      (3)   Access from a temporary parking facility shall be directed away from developed and occupied residential neighborhoods to the greatest extent possible.
      (4)   No model home or model home with a temporary real estate office shall incorporate outside lighting which creates a nuisance due to glare or intensity, as provided for in § 152.187 of this chapter.
      (5)   All signage shall comply with the sign regulations as contained in §§ 152.350 through 152.359 of this chapter for the zoning district in which the model home and/or temporary real estate office is located.
      (6)   The administrative permit shall terminate three years from its date of issuance or when 75% of the development is completed, whichever comes first, unless extended by the City Council.
      (7)   No residential certificate of occupancy shall be issued for a model home or model home with a temporary real estate office until the time as the structure has been fully converted to a residence in compliance with the State Building Code. Additionally, the conversion shall include, but not be limited to, parking lot restoration and the removal of signage and lighting.
      (8)   The restoration of all temporary parking areas with appropriate landscaping shall be completed by the end of the following growing season.
   (E)   Restricted use. 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.
(Prior Code, § 11-17-12) (Ord. 258, passed 5-4-2006)