(a)
Model home
Definitions.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:
means a building designed for use as a single-family residential
dwelling and that is used, or planned for use, as an office by the
builder, or entity marketing similar buildings, or that is planned
for use or used as a demonstration home for the purpose of marketing
other buildings.
(b)
In addition
to all other required permits, a separate permit shall be required
for each model home.
(c)
No person
or entity shall use, suffer or permit the use of, any building as
a model home unless a model home permit has been issued for such building
in compliance with this article.
(Ordinance 299, § 1, adopted 3/18/1997)
The following conditions and requirements shall be applicable
to all model homes:
(1)
A minimum
of four off-street parking spaces must be provided, including the
required driveway and garage for the structure;
(2)
Outdoor
lighting shall be planned and installed so as not to shine or cast
light on any other property or public street; and, if more than one
porch light, one light over the entrance to the garage and one light
at the rear entrance of the house is planned, the lighting plan must
be approved by the building official;
(3)
Model
homes shall not be open to the public between the hours of 9:00 p.m.
and 9:00 a.m.; and
(4)
Signs
shall comply with all ordinances and not more than one open house
sign, or similar sign, shall be allowed.
(Ordinance 299, § 2, adopted 3/18/1997)
Building permits may be issued for the construction of model
homes within an approved subdivision prior to the final acceptance
of the subdivision as-built, contingent upon the applicant satisfying
the requirements of this article and the following:
(1)
The guarantee and surety required pursuant to chapter 41, subdivisions, shall have been made by the subdivider of the land and approved by the city.
(2)
All
required curb, gutter and coarse base material for the abutting street
shall be installed, and any required underground utilities on or abutting
the lot shall have been installed.
(3)
The
applicant for the model home permit shall acknowledge to the city
in writing that:
a.
Such
applicant is knowledgeable of all legal and pertinent facts applicable
to the subdivision for which such permit is requested;
b.
The
applicant understands the requirements of this article, and further
agrees that:
1.
A
certificate of occupancy will not be issued for the model home and
that such home may not lawfully be sold or conveyed to any third party
prior to the final acceptance of the subdivision improvements and
recordation of the subdivision plat; and that the applicant will proceed
at his own risk and understands and assumes all risks with respect
to delay in acceptance of, or refusal to accept, the subdivision by
the city;
2.
No
water or wastewater connections shall be made until the city gives
written authorization therefor;
3.
The
city cannot and will not project any date or time for authorizing
connection to the water and wastewater systems or acceptance of the
subdivision; and
4.
The
city reserves the right to stop construction of the model home at
anytime prior to acceptance of the subdivision.
The city council may grant variances to the requirements of section 8-220 upon written application made to, and majority vote of, the city council.
(Ordinance 299, § 4, adopted 3/18/1997)
(a)
Application
for a model home permit shall be made to the building official on
a designated form. A nonrefundable permit fee shall accompany each
such application. The building official shall issue a model home permit
for each application that complies in every respect with this article.
If an application does not comply, the building official shall reject
such application and shall not thereafter consider the application;
provided that upon the payment of an additional application fee a
revised application in compliance with this article may be resubmitted.
(b)
The
model home permit shall have the following statement printed thereon:
"The City of Kyle can neither enforce nor waive any deed restriction,
restrictive covenant, or private contract rights. This permit is subject
to any such restrictions, covenants or rights that may be applicable
to the property for which this permit is issued. The applicant/permittee
should confirm the deed restrictions, if any, for the lot, tract or
parcel of land for which this permit is issued, and seek legal counsel
with respect thereto as appropriate."
(Ordinance 299, § 5, adopted 3/18/1997)
A separate fee is hereby established and imposed for each application
for a model home permit. Such fee shall be charged for each separate
application or resubmittal of a previously rejected application. The
fee shall entitle the applicant for each approved application to occupy
and use the permitted structure in compliance with this article for
a period of 12-calendar months; provided that any model home permit
may be cancelled if the model home shall not be maintained in compliance
herewith.
(Ordinance 299, § 6, adopted 3/18/1997)
The building official shall cause the application fee to be
collected and paid to the city treasurer prior to reviewing any application
for a model home permit. The city treasurer shall deposit each such
fee into the general fund.
(Ordinance 299, § 7, adopted 3/18/1997)
The building official shall be responsible for enforcing this
article and shall inspect each property for which an application has
been approved for the purpose of verifying that the applicant has
complied with the permit requirements and this article. No structure
for which a model home permit has been issued shall be occupied as
a model home until such structure complies with the permit requirements
and this article.
(Ordinance 299, § 8, adopted 3/18/1997)
