The intent of this Article is to facilitate the creation and preservation of affordable housing in response to increased housing demand caused by jobs generated by new residential, nonresidential and lodging development in furtherance of the Housing chapter of the Crested Butte Land Use Plan.

(Ord. 19 §2, 2011)

For purposes of this Article, the following defined terms shall have the meanings ascribed to such terms herein below.

Administrative procedures means the Crested Butte Resident-Occupied Affordable Housing Administrative Procedures, as amended from time to time, utilized by the Town in implementing this Article.

AMI means the Area Median Income figures published annually for counties by the U.S. Department of Housing and Urban Development (HUD) by household size. When a single figure is referenced, such as the median income for Gunnison County, it refers to one hundred percent (100%) of the area median income for a four-person household.

Approved entity is an entity approved by the Town Council which has a purpose of providing or administering affordable housing, or any person who would own a ROAH rental unit for the purpose of housing employees therein, provided that the approved entity agrees to comply with and be responsible for compliance with the requirements of this Article and the requirements in the Guidelines, Rules and Requirements Governing Resident-Occupied Affordable Housing in the Town.

CPI means Consumer Price Index and shall have the meaning ascribed to such term in the Guidelines, Rules and Requirements Governing Resident-Occupied Affordable Housing in the Town.

Fair market value means the market value of real property as determined by a third-party appraiser.

Job generation rate or JGR is the number of jobs created:

a.

per one thousand (1,000) square feet of net leasable nonresidential space;

b.

per lodging unit; or

c.

per residential unit, as residential unit size changes.

Lodging includes hotel or lodge, condohotel and short-term residential accommodations as defined in Section 16-1-20 of this Chapter.

Lodging unit means hotel or lodge unit as defined in hotel or lodge in Section 16-1-20.

LUPAH means the Housing chapter of the Crested Butte Land Use Plan and the Housing chapter appendices.

Mitigation rate is the percentage of housing demand generated by certain new residential, nonresidential and lodging development that must be satisfied by development that is subject to this Article.

Nonresidential includes all uses in a building except lodging and residential uses. Stand-alone warehouses, parking structures, storage units and home occupations are not considered nonresidential uses.

Qualified renter is a person meeting the eligibility qualifications for Qualified Renters set forth in the Guidelines.

Residential means the uses in a building for dwelling purposes.

Resident-occupied affordable housing or ROAH means housing that satisfies the standards contained in Section 16-21-60 of this Article.

ROAH certificate is a document approved by resolution of the Town Council and issued by the Town Manager that quantifies the number and type of ROAH credits that may be allocated to a development.

ROAH credit is a substitute for ROAH units that a developer of a project subject to the requirements of this Article may draw upon to satisfy the requirements of this Article in lieu of the provision of ROAH units. One (1) ROAH credit is equal to one (1) ROAH unit.

Unit has the same definition as residential unit as defined in Section 16-1-20 and shall include bed and breakfasts, also defined in Section 16-1-20.

(Ord. 19 §2, 2011; Ord. 11 §2, 2013; Ord. No. 8, § 3(Exh. A), 11-18-2024)

(a)

No building permit shall be issued for any development type listed below unless the developer demonstrates that it has complied with this Article. The ROAH requirements set forth in this Article must be satisfied by the developer of any of the following development types:

(1)

New residential units that are not deed-restricted for affordable housing excluding the portion of a new residential unit that is replacing an existing residential unit on the same property;

(2)

Additional floor area for existing residential units that are not deed-restricted for affordable housing;

(3)

New or additional floor area for nonresidential uses excluding the portion of a new nonresidential space that is replacing an existing nonresidential space on the same site;

(4)

New or additional lodging units excluding the portion of lodging units that is replacing existing lodging units on the same site; and

(5)

Conversions of floor area from residential uses to nonresidential uses.

(b)

The following development types are not subject to the requirements contained in this Article:

(1)

Residential units, or addition of floor space to residential units, that are permanently deed-restricted to be affordable housing;

(2)

Expansion or new construction of Town-owned buildings;

(3)

Renovations or remodels that do not add additional floor area;

(4)

Changes of use, except changes of use from residential to nonresidential or lodging; and

(5)

Residential accessory buildings that are not heated or plumbed.

(6)

Floor areas for drive aisles, access ramps and parking spaces in approved underground parking areas for nonresidential or lodging uses.

(Ord. 19 §2, 2011; Ord. No. 3, § 4, 3-6-2017)

(a)

Residential. The formula in Table 16-A sets forth the number of ROAH units that will be required for residential development as the size of the development changes. Unit size for a primary dwelling includes heated and plumbed accessory buildings on the property, if any. The number of ROAH units required is the same for all residential buildings in each unit range and is based on the whole finished size of the unit, not the size of an expansion.

Table 16-A
Residential ROAH Formula for Whole Finished Residential Units
With Each Job Generation Rate and Associated Mitigation Rates

_____

(b)

Nonresidential.

(1)

The formula in Table 16-B sets forth the number of ROAH units that will be required for nonresidential development. The first five hundred (500) square feet of floor area shall not be required to provide a ROAH unit. The ROAH requirement shall be based on the amount of new square footage and not the square footage of the building as a whole, unless the entire building is newly constructed. The mitigation rate shall be ten percent (10%) from June 2012 through June 2014, fifteen percent (15%) from July 2014 through June 2016, and twenty percent (20%) beginning in July 2016 and all years thereafter.

_____

Table 16-B
Nonresidential Development ROAH Formula

(2)

The mitigation rate for outdoor seating, including roof-top seating in nonresidential structures, shall be twenty-five percent (25%) of the mitigation rate for nonresidential development.

(3)

Residential floor area that is converted to nonresidential use shall provide ROAH units in compliance with Paragraphs 16-21-40(b)(1) and (2).

(4)

As an incentive to provide ROAH units on the same property as the development that is subject to this Article, the average size of all Category 2 ROAH units required, as described in Subsection 16-21-60(a), may be reduced by one hundred (100) square feet, from nine hundred (900) square feet to eight hundred (800) square feet, if all whole required ROAH units are provided on such property. If less than all whole required ROAH units are provided on such property, the reduction in the size of the units shall be lowered proportionately as described in the Administrative Procedures. At least one (1) ROAH unit must be provided on such property before this incentive may be used.

(5)

Developers of nonresidential development, where such development can be demonstrated to present unique circumstances, may apply for a reduction in the job generation rate if, based on an independent calculation provided by a qualified third party with experience in affordable housing, as determined by the Town, the developer can demonstrate to the Town that the number of employees that will be generated by the subject development is less than the documented amount in the LUPAH and shown in the formulas set forth in Table 16-B. Where such lesser number of employees can be demonstrated, the Town Council, in its sole discretion, may evaluate the information provided and make any appropriate modifications to the job generation rate for the unique circumstances. The Town Council shall consider the following applicable factors, at a minimum, when making modifications to the job generation rate for a particular development and may either approve, approve with conditions or deny the request for a lower job generation rate:

a.

The number and type of employees expected to be generated by the proposed development considering the employment generation pattern of the building, or of a similar building within the Town or within a municipality where the character of the community is, on balance, similar to the Town;

b.

Data and records, including but not limited to an independent payroll audit supporting employment generation for the proposed use;

c.

Any unique employment characteristics of the use that would result in a lower job generation rate;

d.

The extent to which employees of various uses within a mixed-use development, or of a related off-site development, will overlap or serve multiple functions;

e.

A proposed restriction, acceptable to the Town Council, requiring employee generation mitigation in accordance with this Article, upon abandonment of the type of use which was granted a different job generation rate;

f.

Future changes in use for the development permitted by the underlying zoning; and

g.

Whether approval would be consistent with the intents and purposes of this Article and the LUPAH.

(6)

The Town may employ, at the developer's expense, consultants of the Town's choice to evaluate the application to reduce the job generation rate. Any acceptance of an independent calculation shall be site and use specific, nontransferable and shall be memorialized in an agreement between the property owner and the Town. Such agreement shall be approved by the Town Attorney and executed prior to the issuance of a building permit. Where such application is denied by the Town Council, the job generation rate in Table 16-B and in the LUPAH shall be applied to the proposed development. An application for a reduction in the job generation rate shall be submitted to the Town simultaneously with an application for architectural appropriateness and zoning approvals of the development that is subject to the requirements of this Article.

(c)

Lodging.

(1)

The formula in Table 16-C sets forth the number of ROAH units that will be required for lodging unit development. The first two (2) lodging units shall not be required to provide a ROAH unit. The mitigation rate shall be ten percent (10%) from June 2012 through June 2014; fifteen percent (15%) from July 2014 through June 2016; and twenty percent (20%) beginning in July 2016 and all years thereafter.

_____

Table 16-C
Lodging Unit ROAH Formula

_____

(2)

When part or all of a residential development is converted to lodging units, that portion of the floor area converted to lodging units shall provide ROAH units in compliance with Paragraph 16-21-40(c)(1) above.

(Ord. 19 §2, 2011)

Developers of property subject to this Article shall satisfy the ROAH requirements listed in Section 16-21-40 above by any one (1) or a combination of the following methods, provided that no compliance shall be permitted to occur outside the Town limits and provided that the Town Council's approval is first obtained as described below, if applicable. Prior to issuance of a building permit for the development subject to this Article, the developer shall demonstrate that it has complied with this Article.

(1)

Construction of new ROAH units.

a.

New ROAH units may be constructed. If new ROAH units are proposed to be constructed off-site (not on the same property as the development that is subject to this Article), the property where such ROAH units are to be constructed shall be fully developed and ready for construction with completed streets, water supply, sewage disposal and other basic services, as determined by the Town.

b.

The building permit for the ROAH units shall be issued contemporaneously with the building permit for the new development that is subject to the requirements of this Article. The Town will not issue a certificate of occupancy for development subject to the requirements of this Article until it has issued a certificate of occupancy for all ROAH units required by this Article. Only ROAH units required for each phase of a development subject to the requirements of this Article shall be required to be provided when such phase of the development is built.

(2)

Construction of New ROAH Units on Town-owned property. Construction of new ROAH units on Town-owned property that is zoned for residential use may be allowed at the sole discretion of the Town Council but only when all of the following minimum requirements are met:

a.

The Town-owned property where such ROAH units are constructed shall be fully developed and ready for construction with completed streets, water supply, sewage disposal and other basic services, as determined by the Town.

b.

The building permit for the ROAH units shall be issued contemporaneously with the building permit for the new development that is subject to the requirements of this Article. The Town will not issue a certificate of occupancy for development subject to the requirements of this Article until it has issued a certificate of occupancy for all ROAH units required by this Article. Only ROAH units required for each phase of a development subject to the requirements of this Article shall be required to be provided when such phase of the development is built.

c.

The developer will convey the ROAH units to the Town or pay the Town fair market value for the Town-owned property as further described in the Administrative Procedures.

d.

Prior to a developer's development on Town-owned property, the use of such Town-owned property shall be memorialized in an agreement between the developer and the Town. Such agreement shall be approved by the Town Attorney and executed prior to issuance of a building permit for the new development that is subject to the requirements of this Article.

(3)

Conveyance of land in lieu of providing ROAH units. The conveyance to the Town of a fee simple interest in land in lieu of providing ROAH units may be allowed at the sole discretion of the Town Council, but only when all of the following minimum requirements are met:

a.

Land proposed in lieu of providing ROAH units must be located within the Town limits, in a residential zone district and shall be fully developed and ready for construction with completed streets, water supply, sewage disposal and other basic services, as determined by the Town.

b.

The fair market value of such land-in-lieu must be at least equal to the equivalent payment-in-lieu, as calculated pursuant to Paragraph (6) below.

c.

Land in lieu of constructing required ROAH units must be conveyed to the Town at the time a building permit is issued for the development that is subject to the requirements of this Article.

(4)

Accessory dwellings.

a.

An accessory or primary dwelling may fulfill the ROAH unit requirement for up to two (2) primary residential units located on the same property as the development that is subject to this Article. When the dwelling unit subject to the requirements of this Article and the accessory dwelling unit are constructed at the same time, the building permits for the dwelling unit subject to the requirements of this Article and the accessory dwelling unit shall be issued contemporaneously. A certificate of occupancy will not be issued for the development subject to the requirements of this Article until a certificate of occupancy is issued for the accessory dwelling unit built to comply with this Article. A restrictive covenant for the accessory dwelling unit shall, at minimum, restrict the accessory dwelling unit to a long-term rental.

b.

If an accessory dwelling is built with no restrictive covenant and later a primary dwelling is built on the same property, a certificate of occupancy will not be issued for the primary dwelling until a restrictive covenant is recorded for one (1) of the units. Such restrictive covenant shall, at minimum, restrict one (1) of the units to a long-term rental.

c.

A new accessory dwelling, or an accessory building converted to an accessory dwelling, may satisfy the nonresidential development ROAH requirements for up to one (1) ROAH unit as required in Paragraphs 16-21-40(b)(1) and (2) above. A restrictive covenant shall be placed on such accessory dwelling unit limiting its uses to all requirements of Subsection 16-21-60(a) below, and requiring the use of the accessory dwelling to comply with the Guidelines. The building permit for the development subject to the requirements of this Article and a new accessory dwelling unit, or a building permit for the conversion of an accessory building to an accessory dwelling, shall be issued contemporaneously. The Town will not issue a certificate of occupancy for development subject to the requirements of this Article until it has issued a certificate of occupancy for all ROAH units required by this Article. Only ROAH units required for each phase of a development subject to the requirements of this Article shall be required to be provided when such phase of the development is built.

d.

When a restrictive covenant is placed on an accessory dwelling to comply with the requirements of Subparagraph (4)c. above, the accessory dwelling need not comply with the requirements for minimum size of an ROAH unit.

(5)

Placing a restrictive covenant on existing residential units. If a developer desires to satisfy the requirements of Section 16-21-40 above by acquiring existing units and restricting the use of such existing units prior to re-selling them, the developer shall record a restrictive covenant for the number of ROAH units approved by the Town Council prior to the issuance of the building permit for the development subject to this Article. The restrictive covenant shall restrict the use of the existing units to satisfy the requirements as set forth in Subsection 16-21-60(a) below. Existing units may be used to satisfy the ROAH requirements under the following circumstances:

a.

The subject existing units may not already be restricted to affordable housing;

b.

The size of the existing units may vary from the standards of Subsection 16-21-60(a) if the subject existing units are located in the "C" Commercial Zone District as further described in Subsection 16-21-60(e);

c.

The subject existing units shall meet current building code standards in effect at the time of the imposition of the restrictive covenant, unless the Town Council, in its sole discretion, allows a waiver from such building code standards as described in the Administrative Procedures; and

d.

The long-term affordability of the subject existing units must be adequately protected. Guidance regarding the long-term affordability of ROAH units can be found in the Administrative Procedures.

(6)

Payment in lieu of constructing ROAH units.

a.

When application of the requirements of Section 16-21-40 above applied to a particular development would result in a fraction of an ROAH unit being required, the owner/developer may either provide a ROAH unit or may make a payment in lieu of providing the fraction of an ROAH unit to the Town.

b.

When whole ROAH units are required, every effort shall be made to provide the units rather than making a payment-in-lieu for whole units. Nothing contained in this Article shall obligate the Town to accept a payment-in-lieu for whole units.

c.

Payment in lieu of providing whole ROAH units shall be considered on a case-by-case basis by the Town Council and may be approved when the Town Council, in its sole discretion, approves payment-in-lieu for whole units based on the following criteria:

1.

Payment-in-lieu will further affordable housing opportunities in the Town to an equal or greater extent than compliance with the express requirements of Section 16-21-40 above;

2.

Payment-in-lieu will result in the near-term production of affordable housing units; and

3.

The developer has made a good faith effort in pursuit of providing the required ROAH units off-site through construction of new dwelling units or the deed restriction of existing dwelling units to ROAH housing status; and

The Town Council must also make a finding that:

4.

The provision of affordable housing on the same property as the development subject to this Article is impractical given the physical or legal parameters of the development; or

5.

Provision of ROAH units on the same property as the development subject to this Article would be incompatible with the proposed uses anticipated in the project that is being developed.

d.

For residential and nonresidential development, the payment in lieu of providing a ROAH unit is assessed on each square foot of added floor area. For lodging development, the payment-in-lieu is assessed on each added lodging unit. The amount of payment-in-lieu is based on the LUPAH and the mitigation rates set forth in Section 16-21-40 above. The amount of payment-in-lieu for residential, nonresidential and lodging development is set forth in Appendix A to this Code.

e.

Payment in lieu of providing ROAH units shall be made at the time the building permit is issued for development subject to this Article.

(7)

Every fifth ROAH unit. For every five (5) ROAH units required, one (1) unit shall not need a restrictive covenant imposed thereon regarding AMI limits; provided, however, that all ROAH units must comply with the remaining applicable requirements of Subsection 16-21-60(a) below.

(8)

Reserved.

(9)

ROAH certificates and ROAH credits.

a.

ROAH credits to be applied against the ROAH requirements contained in this Article shall be established by the issuance of an ROAH certificate.

b.

ROAH certificates shall be approved by resolution of the Town Council. Such ROAH certificates shall state the number of ROAH credits and the category of ROAH unit established by approval of such resolution. The ROAH credits may be used to comply with the requirements of Section 16-21-40 above.

c.

An ROAH certificate may be approved by the Town Council if all of the following criteria are met. To qualify for ROAH credits, the Town Council must find that the new housing units proposed for ROAH credits:

1.

Were built subsequent to the adoption of this Article;

2.

Have recently been issued a certificate of occupancy;

3.

Result in additional housing units;

4.

Comply with the standards in Section 16-21-60 below;

5.

Have not been built to satisfy the mitigation requirements of this Article for a particular residential, nonresidential or lodging development or any other affordable housing requirements;

6.

Are located within the Town limits; and

7.

Have not already been restricted to be affordable housing.

d.

Once an ROAH certificate has been approved by resolution of the Town Council, and after a restrictive covenant has been recorded for the dwelling units requiring their use and occupancy to comply with this Article and the Guidelines, a physical ROAH certificate shall be issued by the Town Manager as described in the Administrative Procedures. The form and substance of an ROAH certificate, as well as the procedures respecting the administration of ROAH certificates, shall be set forth in the Administrative Procedures.

e.

ROAH certificates are fully transferrable. Transfer of title of ROAH certificates shall be evidenced by an assignment of ownership on the actual ROAH certificate. Upon the Town's verification of the validity of the transfer, the new owner of such ROAH certificate shall request in writing that the Town Manager re-issue the subject ROAH certificate acknowledging the new owner's interest therein.

f.

The monetary value of ROAH credits is not guaranteed by the Town and is expressly disclaimed hereby.

g.

Upon approval of an application for a land use development permit by the Town utilizing the ROAH credits, the physical ROAH certificate shall be submitted to the Town and all credits utilized will be acknowledged in the building permit. There shall be no building permit issued until the developer demonstrates that it has complied with this Article. Upon acknowledgement of credits utilized in the building permit, the Town Manager shall terminate all or part of the subject ROAH credits and a new ROAH certificate for any remaining ROAH credits shall be issued to the owner thereof. ROAH credits shall be terminated in no less than one-quarter (.25) ROAH unit increments.

h.

An applicant aggrieved by any determination of the Town Manager respecting ROAH credits may appeal such determination to the Town Council. Any grievance must be presented in writing, set forth the issues and positions in reasonable detail, and shall be addressed to the Town Council and delivered to the Town Clerk. Upon receipt of such grievance, the Town Clerk shall schedule a hearing within twenty (20) days of receipt thereof, unless otherwise waived by the aggrieved party. Each party shall have the right to be represented by legal counsel during the proceedings. All costs and expenses incurred by the aggrieved party in prosecuting any grievance shall be the aggrieved party's sole responsibility and not the responsibility of the Town, irrespective of the outcome of the proceedings. Based on the record of the proceedings, the Town Council will provide a written decision which shall include the reasons for its determination. The decision of the Town Council shall be binding on the aggrieved party and the Town. No appeals beyond the Town Council shall be permitted, any such appeal rights under law or equity being expressly waived by the aggrieved party.

(10)

Approved entity ownership of ROAH rental units. Approved entities which would like to own ROAH rental units and rent them to Qualified Renters may be approved by the Town Council as described in the Guidelines. Such owners shall only rent ROAH units to people who meet the standards set forth in Paragraphs 16-21-60(a)(1) and (2) below and who meet the rental eligibility qualifications of the Guidelines.

(11)

Restrictive covenants. All ROAH units shall have a restrictive covenant recorded against the subject property that complies with Subsection 16-21-60(a) below. Such restrictive covenant shall require that the occupants of such units must comply with the standards set forth in Paragraphs 16-21-60(a)(1) and (2) and with the Guidelines. Such restrictive covenant shall also require that appreciation of the ROAH units shall be limited as described in Paragraph 16-21-60(a)(3) and the Guidelines. The restrictive covenant shall run with the land and shall be approved by the Town Attorney prior to recording. The restrictive covenant shall be recorded prior to issuance of the certificate of occupancy for the ROAH unit and prior to the issuance of a certificate of occupancy for the development subject to this Article.

(12)

Subordination agreement. A consent and subordination agreement executed by all lien holders of the property that is subject to the restrictive covenant for ROAH units shall be provided to the Town. Such consent and subordination agreement shall provide that the lien of any deed of trust or other lien against the subject property is subordinate to the restrictive covenant on the ROAH unit. Such consent and subordination agreement shall be approved by the Town Attorney prior to recording in the real property records of the County.

(13)

Administrative procedures.

a.

The implementation of the requirements of this Article shall be described in the Administrative Procedures.

b.

The Administrative Procedures may be amended by the Town Manager following the Town Manager's delivery of a Staff Report to the Town Council outlining the material amendments to the Administrative Procedures proposed by the Town Manager. Provided that the Town Council does not have any revisions to the Town Manager's proposed amendments, such amendments shall become part of the Administrative Procedures without further action by the Town Council. Any material change to the Town Manager's proposed amendments to the Administrative Procedures must be approved by the Town Council.

(14)

Guidelines. Rules and requirements for the sale, ownership and rental of ROAH units and the eligibility qualifications of occupants are set forth in the Guidelines.

(15)

Conflicts between documents. In the event of any conflict between this Article, the Administrative Procedures and/or the Guidelines, such conflict shall be resolved in the following order of precedence:

a.

This Article;

b.

The Guidelines; and then

c.

The Administrative Procedures.

(16)

Payment in lieu of providing resident occupied affordable housing units shall be updated annually to reflect the most recent median cost per square foot paid for free market residential units in the Town and any change in the Area Median Income (AMI). Such updates shall be approved by duly adopted resolutions of the Town Council.

(Ord. 19 §2, 2011; Ord. 6 §2, 2013)

(a)

Covenant restrictions for ROAH units. ROAH units shall be limited to dwelling units which satisfy all of the following requirements unless a deviation has been expressly permitted in this Article:

(1)

The combined income of all people in the household, including dependents, shall be within one (1) of the following categories:

(2)

At least one (1) person in the occupant household must earn at least eighty percent (80%) of his/her total household income in Gunnison County until at least one (1) occupant reaches the age of fifty-nine and one-half (59 ½) years.

(3)

Appreciation of owner-occupied ROAH units shall be limited to three percent (3%) per year or the change in the CPI, whichever is less. The formulas to be used when calculating appreciation are set forth in the Guidelines.

(4)

The minimum floor area of a ROAH unit shall vary by income category as follows:

(5)

The average floor area of all ROAH units, when two (2) or more units are required, shall vary by income category as follows:

(6)

The monthly housing costs of Category 1 units shall be affordable for households with incomes of forty percent (40%) of the AMI.

(7)

The monthly housing costs of Category 2 units shall be affordable for households with incomes of one hundred percent (100%) of the AMI.

(8)

The maximum sale price of ROAH units shall be calculated using no more than thirty percent (30%) of gross household income for housing payments. Procedures for the calculation of maximum sale price and certain assumptions for calculating maximum sale price of ROAH units in Categories 1 and 2 are set forth in the Administrative Procedures. The initial maximum sale price of ROAH units is set forth by Category and household size in Table 1-B of the Administrative Procedures. Formulas for the subsequent calculation of maximum sale price are located in the Guidelines.

(b)

Measuring square footage. Square footage shall be measured using the same method used for Equivalent Residential Use (EQR) calculations, not the method used for calculating floor area ratio (FAR) with the following clarifications:

(1)

The portion of the floor area in a building that is not used for residential or lodging uses shall be counted as nonresidential floor area; provided, however, that front desk, lobby and swimming pool floor areas, when these floor areas are used exclusively by overnight guests, shall not be included in the nonresidential floor area and shall be exempt from the requirements of this Article.

(2)

Hallways, loading areas and common areas, such as public bathrooms which are used by multiple employers, shall not be included in nonresidential floor area.

(3)

Stand-alone warehouses, parking structures, storage units and home occupations shall not be included in nonresidential floor area.

(4)

The first five hundred (500) square feet of nonresidential floor area shall not be required to provide a ROAH unit.

(5)

The first two (2) lodging units shall not be required to provide a ROAH unit.

(6)

A developer of nonresidential space and lodging units shall be eligible for an exemption of the first five hundred (500) square feet of nonresidential space or an exemption of the first two (2) lodging units, but not both.

(7)

Unit size for a primary residential dwelling includes heated and plumbed accessory buildings on the property subject to this Article, if any.

(c)

Category 1 and 2 households.

(1)

ROAH units provided to comply with the requirements of Subsection 16-21-40(a) above shall be targeted for Category 1 households. Up to fifty percent (50%) of the required units may serve Category 2 households.

(2)

ROAH units provided to comply with the requirements of Subsections 16-21-40(b) and (c) shall be targeted for Category 2 households.

(d)

ROAH housing types. When more than one (1) ROAH unit is required, such units shall include a variety of housing types and sizes to accommodate targeted populations.

(e)

ROAH unit size requirements. Except as provided in this Section, when one (1) ROAH unit is required, it shall comply with the minimum unit size requirements as described in Subsection (a) above. When more than one (1) ROAH unit is required, the average size of such units shall meet the average size requirements described in Subsection (a) above. ROAH units provided on the property that is subject to the ROAH requirements in the Commercial "C" Zone District shall not be less than the minimum residential floor area required in Section 16-5-550 of this Chapter and shall not be larger than the maximum residential unit size described in Section 16-5-530 of this Chapter.

(f)

Congregate housing may not be used to satisfy the ROAH requirements set forth in Section 16-21-40 above.

(g)

ROAH units may not at any time be released from the restrictive covenant and deed restriction requiring such ROAH units comply with the requirements of this Article.

(Ord. 19, §2, 2011; Ord. 10 §6, 2012)

Failure to comply with the requirements set forth in this Article shall subject the owner of the subject property to the provisions of Section 16-24-20 of this Chapter. In addition, the Town shall have all rights and remedies available at law and in equity, inclusive of injunctive relief. In the event that the Town incurs any fees and costs, including attorneys' fees, in enforcing the requirements of this Article, the owner of the subject property shall be responsible to pay the Town the same.

(Ord. 19, §2, 2011)