The requirements and regulations set forth in this Article shall apply in all zoning districts, except as otherwise indicated.

(Prior code 15-2-19)

No part of a yard required of any building for the purpose of complying with the provisions of this Chapter shall be included as a yard for another building, and all yards shall be open and unobstructed except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard or the depth of a front or rear yard, the minimum horizontal distance between the lot line and the nearest point on the principal building, including steps, eaves, balconies and similar structures, shall be used.

(Prior code 15-2-19)

(a)

Except as herein required for service yards and screening, fences may not exceed forty-two (42) inches in height in front yards (from the front plane of the primary structure forward or, in the absence of a structure, from the front yard setback forward), and seventy-two (72) inches in height in the rear yard, from the front plane of a structure (or front setback if no structure) backward. However, on any portion of lots within thirty (30) feet of the intersection of two (2) or more streets, no fence may exceed thirty-six (36) inches in height. Fences may not be solid and must have the finished side face away from the interior of the property being fenced.

(b)

Notwithstanding any other provision of this Code, no fence of any height shall be erected within the five-foot rear yard setbacks on lots whose rear yards abut an alley within the following blocks: 20, 21, 22, 27, 28 and 29. No fences utilizing barbed wire or electric current shall be allowed except in the "R1A" District, the "A-O" District or the "P" District as permitted by the Town Manager for livestock confinement.

(Prior code 15-2-19; Ord. 8 §3, 1988; Ord. 22 §9, 1992; Ord. 7, 2000; Ord. 4 §1, 2001; Ord. 4 §1, 2009)

Screening by a solid fence and/or landscaping, at the discretion of the Board, of sufficient height to screen or largely obscure objects located inside, shall be required for:

(1)

Service yards;

(2)

Fuel tanks;

(3)

Trash containers in excess of one hundred twenty (120) gallons; and

(4)

Satellite dishes in excess of twenty-four (24) inches in diameter.

(Prior code 15-2-19; Ord. 15 §1, 1998)

No residential unit shall be occupied and used for residential purposes which does not conform to the requirements set forth in the definitions of residential unit or residential unit, historic accessory structures, in Section 16-1-20 of this Chapter.

(Prior code 15-2-19; Ord. 16 §3, 1992)

Where lots comprising fifty percent (50%) or more of the frontage on one (1) side of a street between intersecting streets have been improved with buildings at a time of the adoption of the initial ordinance codified herein, said buildings having an average front yard depth with a variation of not more than six (6) feet, the average front yard of such building shall be the minimum front yard required for all new buildings constructed or erected on that side of the street, with the business districts excepted.

(Prior code 15-2-19; Ord. 4 §1, 2009)

No property owner shall allow the development of any unkempt conditions of buildings or grounds which will substantially decrease the beauty of the neighborhood as a whole or in a specific area.

(Prior code 15-2-19)

The following exceptions to the stated height restrictions in each district shall apply:

(1)

Flag poles;

(2)

Chimneys, as may be permitted by the Board;

(3)

Radio or TV antennae, excluding satellite dishes, for private noncommercial use located on the roof or in the rear yard of a building; and

(4)

Radio, TV or other communication towers or structures, excluding satellite dishes, for public or private broadcasting relay purposes or commercial uses upon permits issued by the Board.

(Prior code 15-2-19)

(a)

Intent. The use of property as a vacation rental has impacts on the neighborhoods not unlike that of bed and breakfasts, hotel or lodges and motels. The impacts of vacation rentals on neighboring uses can be significant when the vacation rental property is occupied by multiple tenants in consecutive tenancies throughout the year. The commercial aspects of vacation rentals can have detrimental effects on the quiet, dignity and neighborliness of adjacent residential uses and therefore should be regulated to protect the health, safety and welfare of Crested Butte.

(b)

Limitations. There shall be imposed limitations on vacation rentals as follows:

(1)

Vacation rentals are not allowed in bed and breakfasts, condo hotels, hotels or lodges, motels or short-term residential accommodations uses as defined in the Code, as amended.

(2)

Vacation rentals which have been issued an unlimited license pursuant to Section 6-6 are permitted in the "R1," "R1A," "R1C," "R1D," "R1E," "R2," "R2C," "R3C," "B3" and "B4" Districts.

(3)

Vacation rentals which have been issued a Primary Occupant license are permitted in any zone district.

(4)

In no case shall any vacation rentals be operated without a valid license issued pursuant to Section 6-6.

(Ord. No. 6, § 2, 6-5-2017; Ord. No. 21, § 3(Exh. B), 11-21-2022)

Editor's note— Ord. No. 6, § 2, adopted June 5, 2017, repealed the former § 16-14-90, and enacted a new § 16-14-90 as set out herein. The former § 16-14-90 pertained to limitation on leasing and derived from prior code 15-2-19; Ord. 11 §3, 1990; Ord. 3 §31, 1994; Ord. 5 §2, 1995; Ord. 8 §6, 2008; Ord. 4 §1, 2009.

No home occupation shall be conducted in the Town which does not conform to the requirements set forth in the definition of home occupation in Section 16-1-20 of this Chapter.

(Prior code 15-2-19)

No light industrial operation shall be conducted in the Town which does not conform to the requirements set forth in the definition of light industrial operation in Section 16-1-20 of this Chapter.

(Prior code 15-2-19)

No shop craft operation shall be conducted in the Town which does not conform to the requirements set forth in the definition of shop craft in Section 16-1-20 of this Chapter.

(Prior code 15-2-19)

No satellite dish or other antennae in excess of twenty-four (24) inches in diameter designed to receive communication signals from satellites shall be erected within the Town unless a permit therefor is granted by the Board. No such permit shall be granted by the Board:

(1)

For a satellite dish or antenna larger than sixteen (16) feet in diameter or sixteen (16) feet across its widest dimension;

(2)

For a satellite dish or antenna on a rooftop;

(3)

Unless such satellite dish or antenna dislocated within applicable setback restrictions of the zone district; and

(4)

Unless, the visibility of the satellite dish or antenna is reduced by required fencing or landscaping, nonreflecting color or other special conditions required by the Board.

(Prior code 15-2-19; Ord. 15 §1, 1998; Ord. 4 §1, 2009)

Drive-through facilities used by automobiles or any other vehicles, such as by restaurants, liquor stores, banks or drugstores, are prohibited within the Town, except that drive-through facilities directly related to auto-related services are not prohibited.

(Prior code 15-2-19; Ord. 2 §1, 1999)

The construction of basements is prohibited unless the proponent complies with Section 18-16-10.

(Ord. 28 §1, 2010)

The natural grade of a building site may not be altered without the prior approval of the Building Official. A written application to alter the natural grade of a building site must be submitted to the Building Official prior to the alteration of the natural grade on a building site. The application must depict the existing natural grade for the site and the proposed grade change to the site. The Building Official may authorize an alteration in natural grade to facilitate access or drainage on a site in the Building Official's reasonable discretion.

(Prior code 15-2-19; Ord. 23 §5, 2002)

The proposed finish grade of a site must be submitted to the Board for approval as part of the building permit application if the proposed finish grade will vary from the natural grade on a building site by more than one (1) foot. However, the Board shall not approve a finish grade on a site which varies by more than three (3) feet from natural grade. In determining whether or not to approve a finish grade on a site varying from the natural grade by more than one (1) foot, the Board shall take into consideration the following factors:

(1)

The impact of the proposed grade alteration on adjacent sites with respect to issues, including drainage, solar access and view corridors;

(2)

Whether or not the proposed alteration is excessively dissimilar to the topography of adjacent sites; and

(3)

Whether or not the proposed alteration excessively masks the natural contour of the site.

(Prior code 15-2-19; Ord. 23 §6, 2002)

Fabric structures are not permitted to remain continuously in place for a period in excess of fourteen (14) days, with the following exceptions:

(1)

Fabric structures are permitted for restaurant uses where they are used to cover an approved outdoor seating location; and

(2)

Where fabric structures are approved by the Board under 5-145a. of the Town's Design Guidelines, which permits the erection of a temporary structure for less than six (6) months in any one (1) calendar year, where the structure is found to be of unique function in serving the public benefit, in that it provides musical or cultural opportunities or other public amenities to Town residents and visitors.

(3)

Where fabric structures are approved by the building official for large scale commercial and/or municipal projects that are greater than five thousand (5,000) square feet, where these structures are located only on the lot under construction, adhere to all setbacks for the zone district, and only in place for the duration of the issuance of a building permit through the issuance of a Certificate of Occupancy.

(Prior code 15-2-19; Ord. 7 §1, 2003; Ord. 4 §1, 2009; Ord. No. 17, § 2, 9-6-2022)

(1)

Applicability.

a.

No person shall demolish or relocate any historic building or structure built within the Period of Significance (POS), 1880—1952, unless the Town deems it unsafe and/or dangerous in accordance with Subsection (3), Dangerous conditions.

b.

No person shall demolish or relocate any building or structure built outside the Period of Significance ("POS") unless:

(i)

The Board has approved such demolition or relocation following proper notice and public hearing in accordance with this Section;

(ii)

The Board has approved a redevelopment plan as defined in Section 16-1-20; and

(iii)

The Building Inspector has issued building permits pursuant to Section 18-13-40 for such demolition or relocation and construction of the replacement building or structure.

c.

No person shall demolish or relocate any building or structure for the purpose of selling or conveying vacant lots for future development.

(2)

Ordinary maintenance and repair. Nothing in this Section shall be construed to prevent ordinary maintenance or repair of any historic building or structure. The Building Official may order any person in charge of or having control of the historic building or structure to perform maintenance when the Building Official in their reasonable judgment deems that such maintenance is necessary to prevent significant deterioration of the building or structure.

(3)

Dangerous conditions. A building or structure that is deemed by the Building Official to be unsafe or dangerous creating a substantial risk of injury or damage to property is a public nuisance and is subject to Chapter 7, Article 1, Administration and Abatement of Nuisances. Approval by the Board prior to compliance with an order issued by the Building Official to abate any nuisance is not required. As soon as practicable, the officer shall notify the Board of the proposed or actual issuance of any order.

(4)

Demolition by neglect. The Building Official may, at any time, order any person in charge of or having control and supervision of the property where a historic building or structure is located, to maintain and keep up a historic building or structure where it appears in the Building Official's reasonable judgement that without maintenance the building or structure will deteriorate to the point where demolition becomes the only option.

(5)

Exemptions. The following activities are exempt from the requirements of this Section, except that a building permit issued pursuant to Section 18-13-40 is required prior to commencing any of these activities:

a.

Demolition of less than twenty-five percent (25%) of floor area of a non-historic building or structure.

b.

Minor demolition and/or relocation activities that include but are not limited to chimneys, decks, porches, steps, small accessory buildings or other similar design features.

c.

Removal of partial roof components to allow for vertical expansion such as dormers or skylights on structures.

d.

Demolition or relocation of mobile homes and mobile home accessory buildings in the M-Mobile Home district.

(6)

Application requirements. An applicant seeking approval for demolition or relocation of a non-historic building or structure must submit a complete demolition or relocation permit application to the Community Development Department that includes the following contents:

a.

Payment of applicable fees and delivery of the following information: 1) a legal description of the property involved; 2) proof of ownership or a deed for the property establishing title; 3) signature of the owner of the property or some other authorized person with the written legal authority of the owner to make such application; and 4) a plot plan of the lot or parcel, drawn preferably at a one-eighth inch to one-foot scale, showing the dimensions of the lot or parcel and the size and location of the existing buildings or structures and other site improvements.

b.

A written narrative that describes: 1) the reason(s) for requesting demolition or relocation of the existing building or structure; 2) the architectural style/era and any distinguishing characteristics or features of the existing building or structure; and 3) whether there is an existing deed-restricted housing unit contained on the property.

c.

Existing floor plans, elevations, photographs and/or other materials that enable a thorough understanding of the existing building or structure and the character of the neighborhood context.

d.

A condition assessment report for the existing building or structure prepared by a licensed architect, building systems engineer, building contractor, building inspector or other qualified person that addresses the following:

1.

Site and grounds: the condition of the existing site and grounds including site drainage, pavement, walkways, patios, decks, walls, fencing/railings, landscaping and exterior amenities.

2.

Structural systems: the type and condition of the existing foundations and structural framing of walls, columns, intermediate floors and roofs; a summary of any cracks in the foundation and/or walls; and evidence of leakage or water damage. If relocation is proposed, a determination should be made as to whether the building or structure can withstand the physical impacts of being removed from its current location, transported and relocated upon a new foundation at a receiving site.

3.

Building envelope: the type and condition of existing roofing systems, exterior finishes, insulation, stairs and steps, exterior doors and windows; and whether they need to be replaced.

4.

Mechanical systems: the type of electrical, heating, ventilation, plumbing and conveyance systems, including the condition of each system, its estimated efficiency, and its estimated remaining lifespan.

5.

Interior building components: the type of interior finishes, fireplaces/heating stoves, appliances and fixtures; their estimated efficiency, and their estimated remaining lifespan.

6.

Environmental issues: any evidence of disease-causing organisms, mold, lead, asbestos, chemicals, biological substances and/or radioactive material, including the existence of any hazardous or dangerous conditions or materials.

7.

Regulatory compliance: any issues or concerns regarding zoning (setbacks, height, floor area, parking, etc.), life safety, fire or other building code matters.

8.

Final summary: a summary that recommends whether the structure should be demolished or relocated; or whether the estimated lifespan of the building's systems and elements can be reasonably upgraded, remodeled, renovated and/or expanded to be more functional, energy-efficient, livable and code compliant.

e.

If demolition is proposed, a written response that details how the applicant intends to comply with the requirements of Chapter 18, Article 15 Deconstruction and recycle plan, and an estimate of cubic yards of demolition material that will be permanently disposed.

f.

If relocation is proposed, a relocation plan that describes and/or shows the transport route, identifies any structural and/or physical constraints, identifies methods of resolving those constraints, and includes a proposed site plan with the subject building or structure located on the receiving site in conformance with the specific zoning requirements, easements and covenants or neighborhood context.

g.

A written response that describes how the applicant intends to satisfy the Replacement Housing requirements in Section 16-14-200.

(7)

Review standards for demolition of non-historic buildings or structures. The Board may approve an application for demolition of any non-historic building or structure if the Board determines that all of the following standards have been met:

a.

The existing building or structure is not compatible with the POS; do not conform to the Town's Design Guidelines; and the massing, scale, form and materials do not substantially or materially contribute the character and quality of the neighborhood context.

b.

The existing building or structure cannot meet current zoning, building and energy code requirements, and/or health and safety standards by utilizing reasonable and economically viable construction methods in order to achieve a beneficial use of the property.

c.

If demolition is proposed, the deconstruction and recycle plan meets the requirements of Chapter 18, Article 15 of this Code.

d.

If relocation is proposed, the relocation plan meets the requirements set forth in Subsection 16-14-190(6)f.

e.

The redevelopment plan satisfies the Replacement Housing requirements in Section 16-14-200.

(8)

Review standards for relocation of non-historic buildings or structures. The Board may approve an application for relocation of any non-historic building or structure if the Board determines that all of the following standards have been met:

a.

The building or structure can withstand the physical impacts of being removed from the current location, transported, and relocated upon a new foundation at a receiving site.

b.

The building or structure can be located on a receiving site in conformance with the zone district standards, easements and covenants, or neighborhood context.

c.

The relocated building or structure may or may not be in compliance with the Town Design Guidelines.

(9)

Staff review and report. Prior to the Board public hearing, staff shall review the application and prepare a report summarizing the application, identifying whether the application appears to satisfy the standards in Section 16-14-190(5), and recommending conditions of approval that may be required to satisfy the standards.

(10)

Board review and decision. The Board shall review the demolition or relocation application at the duly noticed public hearing pursuant to Section 16-22-110.

a.

If the Board approves the demolition or relocation application, the applicant shall, within two (2) years of date of approval, prepare and submit a Redevelopment Plan as defined in Section 16-1-20, otherwise the approval will expire.

b.

For relocation within the Town, if it is demonstrated that the existing building or structure conforms to the zone district standards, covenants, and site conditions of the receiving site, and the receiving site is currently available for development, the existing building or structure may be relocated to the receiving site prior to submittal and approval of the Redevelopment Plan.

c.

If the Board denies the demolition or relocation application, the applicant may prepare plans for the maintenance, renovation, modification or expansion of the existing building or structure in accordance with the zone district standards and Town Design Guidelines; or

d.

If the Board denies the demolition or relocation application, the applicant may appeal the decision to Town Council pursuant to Section 16-22-150, Appeal.

e.

Approval of the demolition or relocation application does not constitute a site specific development plan under Chapter 16, Article 20.

(11)

Expiration of approval. The Board's approval of the demolition or relocation application shall expire within two (2) years of the Board's decision if a building permit has not been issued for the associated redevelopment plan.

(12)

Compliance or general penalty for violation. Any person in violation of this Section shall be subject to the provisions of Chapter 1, Article 4 and the following provisions:

a.

Where a violation of this Section has occurred, the Building Official shall be authorized to impose any or all of the following penalties:

1.

Prohibit, revoke, or suspend, the issuance of any permit and/or certificate of occupancy in connection with the subject property, except as otherwise described in Subsection b. below.

2.

Revoke, or suspend, the Town of Crested Butte's Business License of the contractor responsible for the violation. This action would result in the revocation, or suspension, of the contractor's ability to work in Crested Butte, except as otherwise described in Subsection b. below.

3.

Revocation of development approvals, or entitlements for the subject property, through an administrative resolution, or public hearing with the Board.

The Building Official shall consider the following factors in deciding whether to impose such possible prohibitions, revocations, or suspensions:

1.

The impact of the demolition or relocation of the building or structure upon the historical integrity and architectural character of the Town; and

2.

The factual circumstances concerning the cause of the demolition or relocation of the building or structure, as may be identified after reasonable investigation by the Building Official; and

3.

Whether the owner or contractor has previous violations for violating the Town's demolition ordinance.

b.

During the pendency of prosecution described in Subsection a. above, the Building Official may impose a temporary suspension of any permit and/or the issuance of a certificate of occupancy in connection with the subject property. In electing to impose such a temporary suspension, the Building Official shall consider the same factors as described in the Subsection above. Such temporary suspension shall remain in effect for the duration of the prosecution and any appeal therefrom.

c.

Penalties imposed in Subsection a. above does not prevent the Building Official from issuing a building permit for rehabilitation or repair of any building or structure on the property that is the subject of the violation or any improvement, bracing or other construction activity intended to protect, keep up, save and/or maintain any such building or structure on the subject property.

d.

Demolition of remaining structure and site clearance. In the event, the unauthorized demolition renders the remaining structure in a state of disrepair, or threatens life safety, as determined by the Chief Building Official, the owner shall, within sixty (60) days of the occurrence, secure a demolition permit. The remaining structure shall be demolished, and the site shall be cleared of all debris within thirty (30) days of the issuance of said permit. Site clearance shall include the removal of all debris from the foundation and backfilling with clean inorganic fill. The owner of the lot shall plug air and watertight sewer laterals, house lines and any other sewer and plumbing connections.

(Ord. 6 § 1, 2010; Ord. No. 34, § 3, 9-16-2019; Ord. No. 5, § 2(Exh. A), 6-3-2024)

(1)

Applicability. These replacement housing standards, in addition to Section 16-14-190, shall apply to properties with a legal demolition, properties where an illegal demolition occurred and its development approvals, or entitlements were revoked through administrative resolution or public hearing with the Board, or relocation of existing residential buildings and the proposed redevelopment of a redevelopment parcel.

(2)

Submittal requirements. A replacement housing application shall be submitted with the proposed redevelopment plan and shall include the following information:

a.

A brief narrative that describes the existing conditions; the proposed redevelopment plan; and details how the replacement housing standards are being met. If there is an existing deed-restricted unit on the redevelopment parcel, the application shall include a copy of the recorded deed-restriction.

b.

Existing and proposed: site plans, building floor plans, floor area (FAR) calculations, exterior building elevations and unit summary that includes the unit square footages, number of bedrooms and bathrooms and on-site parking spaces.

(3)

Replacement housing standards. The replacement housing standards that shall apply to the demolition and redevelopment of the following residential building types are:

a.

General standards for replacement housing that apply to the demolition and redevelopment of all residential buildings:

1.

For properties with existing deed-restricted housing, there shall be no net loss in the number of deed-restricted units, bedrooms and amount of floor area due to demolition or relocation.

2.

All replacement housing units shall be deed-restricted as long-term rental or resident-occupied, affordable replacement housing units. The restrictive covenant for all long-term rental or resident-occupied affordable replacement housing units shall be recorded in the office of the Gunnison County Clerk.

3.

Deed-restricted replacement housing units shall be constructed on the redevelopment parcel; or if the relocated residential building or structure is relocated in town, the relocated building or structure shall be deed-restricted to satisfy the replacement housing requirement. Purchasing and deed-restricting existing off-site residential units in order to meet the replacement housing requirements is not permitted.

4.

Deed-restricted replacement housing units may be smaller than the minimum floor area requirements as set forth in Section 16-21-60, Standards for resident-occupied, affordable housing units.

5.

Deed-restricted replacement housing units shall be available for occupancy at the same time as the new free-market residential units constructed on the redevelopment parcel.

b.

Replacement housing standards that apply to the demolition and redevelopment of single-family, duplex and tri-plex buildings:

1.

Minimum floor area redevelopment standards: New residential buildings or structures shall not exceed the floor area of the existing building to be demolished or the minimum floor area ratio (FAR) allowed in the zoning district, whichever is less, with the following conditions:

(a)

The new residential building or structure shall be designed within the general orientation, footprint and mass/scale of the existing buildings or structures that are to be demolished and shall comply with the zone district standards.

(b)

The new residential building or structure may incorporate certain distinguishing architectural features, materials and/or details that were characteristic of the style/era of the demolished building or structure and which may or may not fully conform to the Town's Design Guidelines.

(c)

The full Resident-Occupied Affordable Housing (ROAH) fee pursuant to Section 16-21-50(6) shall be paid with no credit given for the existing floor area (FAR) of the building or structure that was demolished.

2.

Maximum floor area redevelopment standards: New residential buildings or structures shall not exceed the maximum floor area allowed in the zone district with the following conditions:

(a)

The new residential building or structure may have a different orientation, footprint and mass/scale from the demolished structure; and shall comply with the zone district standards.

(b)

The new residential building or structure may incorporate certain distinguishing architectural features, materials and/or details that were characteristic of the style/era of the demolished building or structure and which may or may not fully conform to the Town's Design Guidelines.

(c)

The new single-family development shall be required to construct an on-site detached, accessory dwelling unit, as defined in Section 16-1-20 and pursuant to Section 16-9-70.

(d)

The new duplex development shall be required to maintain or construct one (1) of the residential units as a replacement housing unit that is deed-restricted as a long-term rental or resident-occupied affordable housing unit.

(e)

The new tri-plex development shall be required to maintain or construct one (1) of the residential units as a replacement housing unit that is deed-restricted as a long-term rental or resident-occupied affordable housing unit.

c.

Replacement housing standards that apply to the demolition and redevelopment of multi-family buildings with four (4) or more residential units:

1.

The new multi-family building or structure may have generally the same or different orientation, footprint and mass/scale, and they shall meet the zone district standards and Town Design Guidelines.

2.

A minimum of fifty percent (50%) of the total existing number of units demolished shall be maintained or construct replacement housing that is deed-restricted as long-term rental or resident-occupied affordable housing units; when applying this standard results in a fraction of a required unit, a payment-in-lieu for only that fractional unit may be made to the Town or a full deed-restricted unit may be provided.

3.

A minimum of twenty-five percent (25%) of the total existing number of bedrooms demolished shall be provided as replacement housing that is deed-restricted as long-term rental or resident-occupied, affordable housing; for purposes of this section, a studio shall equate to three-quarters (¾) of a bedroom.

d.

For residential buildings or structures that are relocated in town:

1.

The relocated building or structure shall comply with the zone district standards of the "receiving site" and the relocated building or structure may or may not fully conform to the Town Design Guidelines due to their architectural style and/or era of construction.

2.

The relocated building or structure shall contain the same number, type and size of residential units as existed on the redevelopment parcel.

3.

The owner/applicant shall be responsible for all relocation costs of the relocated building or structure, including the new foundation at the receiving site, if the building or structure is to be deed-restricted as long-term rental or resident-occupied affordable housing.

(a)

If there is a recorded restrictive covenant for the relocated building or structure, no other replacement housing and/or ROAH fee shall be required for the new buildings or structures to be constructed on the redevelopment parcel. Town reserves the right to accept or refuse the relocated building or structure as deed-restricted long-term rental or resident-occupied housing.

(b)

If the relocated building or structure is not deed-restricted as long-term rental or resident-occupied affordable housing or it is relocated outside of town, the applicable replacement housing requirements and/or ROAH fees shall be required.

4.

No replacement housing credits shall be given to buildings or structures relocated outside of Town.

e.

Properties where an illegal partial or full demolition of a structure occurred and had its entitlements revoked through administrative resolution or public hearing shall be required to provide deed restricted housing with the redevelopment of the property.

1.

New residential buildings or structures shall not exceed the floor area ratio (FAR) of the demolished building with the following conditions:

(a)

The new residential building or structures may have a different orientation, footprint and mass/scale from the demolished structure; and shall comply with the zone district standards.

(b)

The new residential building or structure may incorporate certain distinguishing architectural features, materials and/or details that were characteristic of the style/era of the demolished building or structure and which may or may not fully conform to the Town's Design Guidelines.

(c)

The new single-family development shall be required to construct an on-site detached, accessory dwelling unit, as defined in Section 16-1-20 and pursuant to Section 16-9-70.

(d)

The new duplex development shall be required to maintain or construct one (1) of the residential units as a replacement housing unit that is deed-restricted as a long-term rental or resident-occupied affordable housing unit.

(e)

The new tri-plex development shall be required to maintain or construct one (1) of the residential units as a replacement housing unit that is deed-restricted as a long-term rental or resident-occupied affordable housing unit.

(Ord. No. 34, § 4, 9-16-2019; Ord. No. 5, § 3(Exh. A), 6-3-2024)

Bathing facilities associated with commercial uses are limited to showers only and shall be located in a space with direct access to a common hallway with public access.

(Ord. 16 §2, 2013; Ord. No. 34, § 4, 9-16-2019)