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A. Purpose. The purpose of this chapter is to permit the construction of a limited number of model homes, as defined in Chapter 22.12 MMC, on an approved preliminary plat, prior to final plat approval. Allowing model homes provides the opportunity for builders and developers to showcase their product prior to final plat approval. Nothing in this chapter shall be construed as permitting model homes in short subdivisions. This chapter shall not be construed to supersede or amend the purpose and intent of this title.

B. Approval Authority. The zoning administrator is authorized to approve, approve conditionally, or deny model home applications, under the criteria set forth in this section.

C. Eligibility. A subdivision having received preliminary plat approval is eligible to submit a permit for model homes, provided the following criteria are met:

1. The applicant has submitted and received all required permits and approvals required of the preliminary plat approval.

2. All required retention and detention facilities necessary for the areas of the subdivision serving the model homes are in place and functional, to the satisfaction of the city engineer.

3. All critical areas upon or immediately adjacent to the areas of the subdivision serving the model home(s) have been protected or mitigated, in accordance with adopted critical areas regulations and preliminary plat approval.

4. The model home(s) and sales facility meet the access and fire protection requirements of the fire department.

5. All areas of the subdivision serving the model home(s) are served by an all-weather surface as approved by the city engineer and fire department.

6. All areas of the subdivision serving the model home(s) have installed frontage improvements including curb, gutter and sidewalk, as required by the preliminary plat approval or this code.

7. Water and sewer are installed to each lot proposed for model homes, as directed by the city engineer.

8. All proposed streets serving the model homes are adequately marked with street signs, to the satisfaction of the city engineer and fire department.

9. Lot property corners of all lots proposed to be used for the model home complex have been set by a licensed, professional land surveyor in accordance with the preliminary plat lot configuration.

10. Setbacks for the model home(s) shall be measured from the proposed lot lines and setbacks per the preliminary plat approval.

11. The number of model homes shall not exceed that allowed by subsection (D) of this section.

D. Number Permitted. The number of model homes permitted for each subdivision shall be no greater than twenty percent of the approved lots within the preliminary plat, not to exceed a total of seven homes. Two lots, in addition to those permitted for the model home(s), may be used to support one temporary sales office and one off-street parking area. In the event that calculation of the number of lots equal to twenty percent of the total number of preliminary lots creates a fractional lot, the number of permitted lots for model homes shall be rounded up, not to exceed the maximum allowed.

E. Application Requirements. The following information shall be required in addition to the standard submittal requirements for a single-family residential building permit:

1. The applicant shall have written authorization from the property owner permitting the model home(s) if the applicant is other than the owner of the approved preliminary plat;

2. Title report current within the last thirty days;

3. Name of approved preliminary plat as well as the proposed name of the final plat (if different);

4. Parent tax parcel number(s) involved in the complete development;

5. Date of preliminary plat approval;

6. Date of preliminary plat approval expiration;

7. Copy of adopting resolution or motion approving the preliminary plat approval;

8. Overall site plan showing the preliminary plat, including phases (if applicable) and the location of all proposed model homes;

9. Overall site plan shall include the location of proposed temporary improvements specific to the model home(s) use such as the location of signage, flags, banners, fencing, landscaping, sales trailer and impervious surfaces such as parking areas and sidewalks.

10. Parking shall be subject to the regulations of Chapter 22.44 MMC, Parking Standards and Design.

11. Individual site plans showing the location of the model home(s) in relation to the property lines and setbacks consistent with the preliminary plat approval;

12. Submittal of financial securities at one hundred fifty percent of a contractor’s cost estimate, approved by the city, necessary to restore the site to conditions existing prior to the construction of the model home(s) and all associated structures and improvements;

13. Payment of model home review fee as set forth in the adopted fees resolution. The model home review fee shall be applicable only to the review of the overall model home complex site plan. All other applicable fees shall be paid for the proposed plat improvements and building permit fees prior to individual model home building permit issuance.

F. Occupancy Requirements.

1. Written approval from the city of Monroe shall be posted at the main entry to each model home, allowing public access to the model home.

2. No model home shall be occupied for residential use prior to recording of the final plat. No model home shall be sold, leased, rented or otherwise transferred in ownership until the final plat is recorded, unless the property interest is transferred in conjunction with a transfer in interest of the plat as a whole.

3. One preliminarily approved lot may be used to locate a temporary sales trailer for the purpose of marketing the model home(s). This provision is not intended to increase the number of model homes permitted under this section.

4. One preliminarily approved lot may be used to furnish off-street parking. This provision is not intended to increase the number of model homes permitted under this section.

5. The hours of operation of the model home complex shall be limited to daylight hours only, unless street lighting is installed to the satisfaction of the city engineer and fire department.

6. The model home(s) and sales trailer shall be used for the exclusive purpose of marketing the homes within the plat, not as a branch real estate office.

G. Duration Permitted. The model home(s) and/or sales trailer may be used for no more than twenty-four months from the date of the model home permit approval, or no longer than the expiration of the preliminary plat approval, whichever is greater.

H. Removal. The model home(s) and all associated improvements, including but not limited to a sales trailer and parking lot, shall be removed within six months of the following occurrences:

1. Preliminary plat approval has expired and no extension has been granted;

2. The subdivision was denied final plat approval and/or requires substantial improvements not consistent with the design of the preliminary approved plat in the opinion of the zoning administrator;

3. The approval period has expired, consistent with MMC 22.68.040(A)(5)(c). (Ord. 005/2019 § 10 (Exh. B))