Ordinance No. 79-18 i
CITY OF TIGARD, OREGON
ORDINANCE NO. 79- l �'
AN ORDINANCE REGULATING THE USE OF MODEL HOUSES IN CONNECTION WITH THE SALE OF
RESIDENTIAL REAL ESTATE.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1
The City Council finds that the City has no adequate mechanism for con-
trolling the practice of maintaining "model houses" for use in connection with
the sale of residential real estate. It has come to the Council's attention
that the lack of an adequate mechanism for this purpose has resulted in annoy-
ance and inconvenience to persons who have purchased properties in newly-devel-
oped subdivisions, believing that "model houses" in use in the immediate vicinity
at that time would be sold and occupied as ordinary residences within a reasonably
short time after they purchased their own residences, and then found that the use
of the "model houses" has continued long after all of the houses in the immediate
surrounding vicinity had been completed and sold. Purchasers have a right to be
free from continuing commercial activity in a neighborhood intended under the
r; zoning code to have been residential.
Section 22
The City Council finds that the absence of a mechanism to control the use
of "model houses" has resulted in the failure of the zoning code of the City of
Tigard to provide all of the protection to the residents of the City that the zon-
ing code out to provide.
Section 3
For the reasons set forth in Sections 1 and 2 above, the City Council
hereby amends §17.12.070 (b) to read as follows;
TEMPORARY SALES OFFICES AND "MODEL HOUSES."
(1) TEMPORARY SALES OFFICE. The City Council may, upon applica-
tion of the owner, grant permission for the use of any real property
within this city as a:temporary sales office or offices for the purpose
of facilitating in the sale of real property in any subdivision or tract
of land within this city, but for no other purpose. The permission
granted shall be of duration not to exceed one year from the date of
the motion allowing the same. The office shall be located within the
boundaries of the subdivision or tract of land where the real property
to be sold is situated. The property to be used for a temporary sales
oficc shall not be permanently improved for that purpose; providing,
al..�
however, that a dwelling structure designed primarily for other
purposes may be used temporarily for a sales office. The grant-
ing of permission to use real property for a temporary sales
office shall not be construed as granting a temporary zone change
and the Council may impose such terms and conditions upon the grant-
ing of the permission, as it deems advisable.
(2) "MODEL HOUSES." Upon application of the owner the City
may grant permission for the use of any real property within the
City as a "model house" to be used in connection with the sale of
real property in any subdivision or tract of land within the City.
(A) Application shall be made to the planning director or his
designate and the planning director and his designate shall
have authority to authorize such use for a period not to ex-
ceed one year from the date of the application.
(B) The applicant or any successor in interest shall be eligible
to apply for renewal of permission to operate a model house
or houses but renewal shall not be allowed unless 15 percent
or more of the number of lots in the subdivision in which the
"model house" is located remain unsold at the time of expira-
tion of permission, or, in the case of a subdivision exceeding
fifty lots and being developed in "phases," unless 15 percent
or more of the number of lots in the phase in which the "model
house" is located remain unsold at the time of expiration.
(C) The applicant shall not be limited to one "model house" per
subdivision or "phase," but the applicant shall not be allowed
permission for the use of more than three "model houses" in
any subdivision or "phase."
(D) The decision of the planning director shall be appealable
directly to the City Council.
(E) Both the planning director and the City Council shall have
authority to impose any conditions they may find necessary
upon the use of a residential dwelling as a "model house",
so as to protect the residential character of the neighbor-
hood in which the "model house" is located, and preserve the
reasonable peace and privacy of persons inhabiting residences
' in the area of the "model house.1°
PASSED: By tma.t►iria au s vote of all Council members present,
after being read twa times by number and title only, this La
day of Lti Hr h , 1979.
Recorder, Cit of T, rd
SIGNED: By the Mayor, this __e.&,_day, of -��� ' 1979.
s
Mayor, City of Tigard
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OTtb'IVANCE 1;0. 79--d