HomeMy WebLinkAboutA003 - Council Action Form dated March 4, 2003 ITEM #
DATE 03/04/03
COUNCIL ACTION FORM
SUBJECT: A TEXT AMENDMENT TO THE ZONING ORDINANCE TO ALLOW MODEL
HOMES/SALES OFFICES AS A PERMITTED USE WITHIN RESIDENTIAL DISTRICTS.
BACKGROUND:
History
In many communities, model homes/sales offices are permitted within residential zoning
districts. Staff has investigated how communities regulate model homes/sales offices and
has found that model homes/sales offices often times are permitted as a result of a
temporary permitting process, model homes/sales offices are permitted as of right, or in
some communities model homes/sales offices are not regulated to any great degree and
are thus simply allowed. The developers of new residential developments utilize model
homes as sales centers, incorporating a small office area within one or more model homes
in each development. Currently, the City of Ames'Zoning Ordinance does not permit model
homes/sales offices within residential zoning districts.
In 1998, the City notified a developer operating a sales office out of a model home that it
was not a permitted use. The developer appealed that decision to the Zoning Board of
Adjustment who upheld the Zoning Enforcement Officer's interpretation that model
homes/sales offices were not allowed in residential districts. The case was ultimately
appealed by the developer all the way to the Iowa Supreme Court. The Iowa Supreme
Court affirmed that model homes/sales offices were not a permitted use in residential
districts within the City of Ames.
After the decision of the Iowa Supreme Court affirming the City of Ames' prohibition of
model homes/sales offices in residential districts, the Ames Home Builders Association
(AHBA) requested that the City Council direct staff to work with the AHBA to explore
possibilities to amend the Zoning Ordinance to allow model homes/sales offices within a
residential development. At the direction of City Council, staff has met with representatives
from the AHBA on several occasions to discuss an ordinance amendment. Staff believes
that an agreement between staff and the AHBA has been reached regarding the conditions
under which model homes/sales offices will be permitted in residential zoning districts. The
details of the proposed changes are outlined below.
Proposed Text Amendment
The proposed changes to the Zoning Ordinance, as agreed upon by staff and the AHBA,
would allow model homes/sales offices in new residential developments under the
following conditions:
• Only two (2) model homes/sales offices would be permitted per final plat. No more
than four(4) model homes/sales offices would be permitted within the entire area of
the preliminary plat.
• Model homes/sales offices would be allowed to operate for 18 months from the date
of the issuance of the Certificate of Occupancy from the Building Inspections
Department.
• Hours of operations would be:
o Noon to 7:00 pm on Monday through Friday.
o Noon to 9:00 pm on Saturday and Sunday.
• A total of three (3) signs not to exceed two (2) feet by three (3) feet in size
identifying the builder, realtor, and hours of operation only. No additional signs or
flags will be permitted.
• No additional lighting than would normally be installed with a residential dwelling unit
(i.e. landscaping and decorative) will be permitted.
• Normal garage doors are required (no pedestrian doors, no windows other than
what is typically found on garage doors, etc.).
Summary
The intent of the current law prohibiting model homes/sales offices in residential zoning
districts is to protect the residential nature of these areas. Staff realizes that for some
developers, model homes/sales offices are valuable tools for marketing their
developments. Further, it could be argued that in the early stages of a residential
subdivision, where new home construction is occurring, completion of plat improvements
are still underway and other construction related activities results in a residential
environment that is quite different from a residential subdivision where all construction is
completed. Staff believes that given this evolving nature of a new residential subdivision,
the inclusion of a model home/sales office for a relatively short period of time does not
create a disruption to the residents in the area to any greater degree than the construction
activities that are under way in the same location.
The safeguards listed above that would be used to regulate the model homes/sales offices
for the duration that they are permitted, are adequate to safeguard the residential nature of
these developing subdivisions.
RECOMMENDATION OF THE PLANNING & ZONING COMMISSION:
The Planning & Zoning Commission reviewed this proposed text amendment at their
meeting of February 19, 2003 and recommended that the City Council direct staff to
prepare a text amendment to the Zoning Ordinance to allow model homes/sales offices as
a permitted use within residential districts with the following stipulation:
• That the City Council solicits citizen input from residents of newly developing
subdivisions that might be impacted to the appropriateness of the law prior to final
enactment of this proposed code change.
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ALTERNATIVES:
1 . The City Council can direct staff to prepare a text amendment to the Zoning Ordinance
to allow model homes/sales offices as a permitted use within residential districts.
2. The City Council can decide not to maintain the prohibition of model homes/sales
offices as a permitted use within residential districts. This position has been sustained
by the Iowa Supreme Court.
3. The City Council can revise one, or more, of the proposed regulations.
MANAGER'S RECOMMENDED ACTION:
The zoning ordinances of the City of Ames have typically not permitted model homes/sales
offices and therefore the occurrence of model homes/sales offices has been non-existent
until relatively recently. It is true that in many communities, model homes/sales offices are
used as a means to help with the sales and marketing efforts in developing residential
subdivisions. With proper safeguards, including a relatively short time duration where
model homes/sales offices are permitted, it is staff's belief that the integrity of residential
subdivisions can be insured. Therefore, it is recommended that Alternative#1 be adopted.
Alternative #1 recommends that the City Council direct staff to prepare a text amendment
to the Zoning Ordinance to allow model homes/sales offices as a permitted use within
residential districts. Prior to City Council action on the proposed ordinance amendment, it
is further recommended that input from homeowners associations, neighborhood
associations, and residents in general be solicited prior to enactment of this ordinance.
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