The following standards shall regulate the size, bulk, height, building setbacks, density, and open space within the designated zone districts.

(1)

Notes:

a.

Note A: Subject to separate architectural development and design requirements.

b.

Note B: Some commercial professional districts subject to additional requirements. Commercial professional districts located within the Airport Gateway subdivision subject to separate architectural development and design requirements.

(2)

Gate structures over the eight-foot fence height limit requires approval of a special use permit.

(3)

Public structures, including but not limited to athletic field backstops, are not considered fencing structures and may be constructed to the required height necessary for safety purposes without a special use permit.

(Ord. 2012-13(1))

(Ord. No. 2019-06, § 1(Exh. A), 8-13-19)

The following standards shall regulate the size, bulk, height, building setbacks, density, and open space within the designated zone districts.

* See 18.05.030(d).

Multifamily minimum lot area shall be increased for each additional dwelling unit. Examples:

Lot coverage includes all buildings, structures, and accessory buildings. Lot coverage does not include driveways, roof overhangs, open decks, porches and/or walkways unless covered.

(Ord. No. 2016-09, 7-26-16)

(Ord. No. 2019-06, § 1(Exh. A), 8-13-19)

Restricted workforce housing projects or multi-family projects seeking approvals for an increased number of dwelling units at 2,000 square feet of land per unit must receive additional approval as outlined below.

(1)

Owner shall be required to present the proposed project before the Council for review during a public hearing.

(2)

Owner shall present a site plan of the project including access, landscaping, parking, amenities, etc.

(3)

Owner shall present architectural drawings including elevations, floor plans, exterior materials, colors, etc.

(4)

Consideration factors shall include, but not be limited to:

a.

The project being located within the core area of town in order to concentrate density close to core services instead of increasing density in outlying areas;

b.

The project promotes compatibility with existing neighborhood uses and goals;

c.

Compatibility with the town's master plan;

d.

Adequate recreation, utilities, access, and traffic flow is provided;

e.

Project may be required to provide additional on-site amenities in order serve the increased number of residents and/or surrounding neighborhood.

f.

Project may be subject to site changes or architectural improvements in order to ensure a quality project will be constructed.

(5)

After considering testimony and commentary from any and all interested persons, the town council shall approve, conditionally approve, or disapprove the proposal.

(Ord. No. 2016-09, 7-26-16)

(a)

Setbacks are measured from the property line on all sides of a lot, including the street side.

(b)

On corner lots, all sides of the lot with street frontage shall meet the applicable front yard setback.

(c)

Permanent features allowed within setbacks shall include:

(1)

Cornices, canopies, eaves or other similar architectural features if they extend no more than two feet into a required setback and if they do not encroach into or overhang an easement;

(2)

Steps or ramps to the principal entrance and necessary landings, provided they do not extend more than six feet into the required setback;

(3)

Landscaping;

(4)

Fences and walls, subject to height and other restrictions;

(5)

Utility service lines to a structure and utility lines, wires and associated structures within a utility easement.

(d)

Rear and side setbacks, SF/MD or SF/LD, shall be one-half the height of the principal building if that is greater than ten feet.

(e)

Side and rear setbacks for storage sheds less than 120 square feet in floor area shall be three feet, if the storage shed is not placed upon a permanent foundation and is easily moved as determined by the town manager or the town manager's designee.

(f)

For the purpose of minimizing traffic hazards at street intersections, improving visibility for converging vehicles and maintaining a site triangle at such locations, no fence, structure or landscaping over 36 inches above the adjacent street elevation shall be permitted to be placed, planted, or erected on any corner lot within the triangular portion of such lot measured from the point of intersection of the lot lines abutting the streets a distance of thirty feet along each such lot line.

(a)

The minimum lot area for a mobile home park shall be two acres.

(b)

Minimum width for roadways and driveways within a mobile home park shall be 25 feet. An additional eight feet shall be required for each parallel parking space adjacent thereto.

(c)

At least two off-street parking spaces shall be required for each dwelling unit within a mobile home park.

(d)

Streets, driveways and parking spaces within the mobile home park shall be paved, sufficiently illuminated to insure the safety of park residents, and shall include sidewalks for pedestrians not less than three feet wide. Each space within a mobile home park shall have unobstructed vehicular access to a public street or highway.

(e)

Open space, including playgrounds, shall be provided within the mobile home park, the size of which shall be determined by the total number of spaces within the park, the density of the development and the availability of existing park or playground areas in the immediate vicinity of the mobile home park.

(f)

A landscaping plan for the mobile home park shall be presented to and approved by the town providing for the landscaping and maintenance of the perimeter of the park, all common areas and open space within the park and the individual spaces for mobile homes within the park.

(a)

The minimum lot area for a recreational vehicle park shall be two acres.

(b)

Minimum width for roadways and driveways within a recreational vehicle park shall be 25 feet. An additional eight feet shall be required for each parallel parking space adjacent thereto.

(c)

At least one off-street parking space shall be required for each recreational vehicle space within a mobile home park.

(d)

Streets, driveways and parking spaces within the recreational vehicle park shall be sufficiently illuminated to insure the safety of park residents and visitors, and shall include pedestrian paths not less than three feet wide.

(e)

Open space shall be provided within the recreational vehicle park, the size of which shall be determined by the total number of spaces within the park, the density of the development and the availability of existing park or open space areas in the immediate vicinity of the recreational vehicle park.

(f)

A landscaping plan for the recreational vehicle park shall be presented to and approved by the town providing for the landscaping and maintenance of the perimeter of the park, all common areas and open space within the park and the individual spaces for recreational vehicles within the park.

(g)

Electrical, water and sewer service shall be provided to each space within the recreational vehicle park designed to accommodate recreational vehicles, travel trailers, mounted camper units, motor homes, or camping trailers. Spaces designed to accommodate tents shall not require such utility service, but occupants of such tent spaces shall have access within the recreational vehicle park to an adequate water supply and to adequate restroom facilities.

(h)

No tent shall remain in place in a recreational vehicle park for more than 30 days in any one-year period. Any action toward removal of wheels of a recreational vehicle, or placement of the unit on a foundation, except for temporary purposes of repair, is prohibited. No external appurtenances, such as carports, cabanas, patios or storage facilities may be attached to any recreational vehicle, travel trailer, mounted camper unit, motor home, camping trailer or tent while it is in the park.

(Ord. No. 2017-13, § 3, 10-10-17)

(a)

Purpose and intent.

(1)

General purpose and intent. The purpose of this section is to provide an opportunity for the development of a reasonable amount of restricted workforce housing in the Town of Gypsum that meets the needs of those economic groups being priced out of the residential housing market due to rapid increases in property values in Eagle County. This will be accomplished through a program and regulations that permit the set-aside of a portion of new residential development for restricted workforce housing purposes, and also by permitting an increase in residential density when the increased density is enrolled in the general restricted workforce housing program and meets additional requirements related to residential unit size. This section provides incentives and concessions to encourage the development of restricted workforce housing. It is the town's intent that restricted workforce housing is dispersed throughout the town in reasonable proximity to major services, such as commercial and retail centers, the post office, town hall, recreation center and the downtown area and not concentrated in just one area of the town.

(2)

Starter housing. To better serve the employees and employers of the town and Eagle County, the town has developed the free market plan set forth in this section to provide entry level housing for qualified first time home buyers or those persons moving from basic minimal housing to the next level of housing. The purpose is to provide starter housing for the workforce and to provide the means to take the first or second step on the road to home ownership, while at the same time recognizing that ultimately, it is the responsibility of the workforce to reach beyond the restricted workforce housing program and find a means to move into the unrestricted housing market.

(3)

Initial thresholds. These regulations are intended to establish the thresholds for restricted workforce housing, the expectations for homes sold as restricted workforce housing, the qualifications of those purchasing restricted workforce housing, the manner in which others, including employers, may assist the first time home buyer, and the requirement that homes in the restricted workforce housing program remain in the program through future sales and conveyances. The limit on the initial sales price for restricted workforce housing shall be subject to future adjustment by the town council, as new family income data becomes available.

(b)

Definitions. As used in this section, unless the context otherwise requires:

Area median income or AMI means the most current local estimates of median family income compiled and released annually by the United States Department of Housing and Urban Development for Eagle County, Colorado.

Developer means the person or entity that applies to the town for approval of the development.

Development means the subdivision, PUD, or phase or portion thereof, or other specified properties to which an application for building permit applies.

Equity partner means a family member, employer of the qualified employee or other person or entity, including governmental entities and nonprofit organizations, who may partner with the qualified employee to facilitate the purchase of an RWH unit. A bank or other financial institution that has a deed of trust or mortgage interest in a RWH unit is not deemed an equity partner.

Gross income shall have such meaning as applied to the term "gross income" or the equivalent terms as used by the United States Department of Housing and Urban Development relative to estimating or for applying the concept of median family income, or if no such meaning is provided, means total income of an individual occupying a RWH unit derived from all sources, including but not limited to business, trust, employment, and from income-producing property, before deduction for expenses, depreciation, taxes and similar allowances.

Household income, shall have such meaning as applied to the term "household income" or the equivalent term as used by the United States Department of Housing and Urban Development relative to estimating or applying the concept of median family income, or if no such meaning is provided means combined gross income of all individuals who will occupy the RWH unit regardless of legal status. Adjustments to gross income for business expenses can be made for persons who are self-employed.

PUD means a planned unit development.

Primary residence means sole and exclusive place of residence.

Qualified employee means a person meeting the eligibility requirements of the RWH program to purchase an RWH unit.

Qualified employer or nonprofit organization means a governmental or nongovernmental employers with operations and employees in Eagle County, and nonprofit organizations organized for the primary purpose of providing housing for employees within Eagle County.

Qualified lessee means a person meeting the eligibility requirements of the RWH program to lease an RWH unit that is owned by a qualified employer or nonprofit organization.

RWH means restricted workforce housing.

RWH agreement means a written agreement between the town and a developer, setting forth the terms and conditions of enrollment of certain residential dwelling units located within the applicable development into the RWH program.

RWH application means an application to enroll residential units in the RWH program.

RWH development assistance means residential density increases, waivers of fees, charges and other development requirements, or other financial incentives, concessions or assistance provided by the town to a developer in return for enrolling RWH units in the RWH program.

RWH program means the program established by this section for increasing workforce housing, primarily for sale, and in limited instances for lease, to qualified employees.

RWH program administrator means the person or entity designated to administer the RWH program.

RWH regulations means regulations for implementing the RWH program.

RWH units means residential dwelling units enrolled by approval of the town in the RWH program and designated primarily for sale, and in limited instances for lease, to qualified employees.

(c)

RWH program enrollment and removal.

(1)

RWH application. Application for enrollment of residential dwelling units in the RWH program shall be made by the developer, by filling out an RWH application with the RWH program administrator. RWH applications shall include such information necessary to ensure compliance with the intent and requirements of the RWH program and RWH regulations, and administration of the RWH agreement. An RWH application shall be filed in conjunction with, or prior to, application for approval of the final subdivision or PUD plat, or issuance of a building permit for the development, whichever occurs first.

(2)

RWH application determination. Enrollment of residential dwelling units in the RWH program shall be accomplished only by town council approval. RWH applications may be approved, denied or approved with conditions, in the sole discretion of the town council after review and recommendation of the planning and zoning commission, taking into consideration the housing needs within the town and Eagle County, and the RWH development assistance requested to be provided by the town. The town council approval shall include terms and conditions designed to ensure compliance with the intent and requirements of the RWH program and RWH regulations.

(3)

RWH agreement. As a condition of town council approval of any RWH application, the enrollment of any residential units in the RWH program, and the provision of any RWH development assistance by the town, the applicant and the town shall enter into the RWH agreement. The RWH agreement shall, whether or not expressly referenced in writing, incorporate the provisions of the RWH program and the RWH regulations. The RWH agreement shall set forth all terms and conditions of approval for enrollment of units in the RWH program, including the initial purchase price for RWH units, and the terms of any RWH development assistance provided by the town. The RWH agreement shall be fully executed prior to approval of the final subdivision or PUD plat, or issuance of a building permit for the development, whichever occurs first.

(4)

Removal of RWH units from RWH program. RWH units may not be sold, leased, used or owned except in compliance with the RWH program, RWH regulations and RWH agreement. Developers shall make all diligent efforts to sell units enrolled in the RWH program in a timely manner before withdrawal, including, but not limited to, adequate advertising and promotion of the units. Residential units may be removed from the RWH program only upon prior written application to and approval by the town council. Applications may be approved, denied or approved with conditions, in the sole discretion of the town council, taking into consideration the intent of the RWH program, the housing needs within the town and Eagle County, the needs of the owner at the time of the removal application, the availability of purchasers if the units stayed in the RWH program, the length of time the units were enrolled in the RWH program, the diligent efforts of the developer to sell the units, and the RWH development assistance provided by the town. The town council approval shall include terms and conditions designed to ensure adequate amortization or repayment of the RWH development assistance. For all units approved by the town council for removal from the RWH program, a rebate shall be calculated and due at the time of the closing of the first sale of the unit following its withdrawal from the RWH program, and collected in the same manner as, and in addition to, the town real estate transfer tax. Rebates shall be used to offset, in such manner as may be approved by the town council, the cost and expense of the RWH program, including past or future RWH development assistance. The RWH development assistance shall be repaid as follows:

a.

Except as provided in paragraph b. and c. of this subsection (4), a rebate of not less than 20 percent of the sale price of the withdrawn unit for the first sale following the removal of the unit from the program shall be paid to the Town of Gypsum to compensate the town for RWH development assistance.

b.

If the initial sale of an RWH unit does not occur within 12 months of completing construction and receiving a temporary or permanent certificate of occupancy (as defined in title 15 of the Municipal Code), and the town council approves removal of the unit from the RWH program, the rebate shall be sufficient to repay the town's administrative costs for enrolling and withdrawing the unit from the RWH program, as well as any fees waived in accordance with section 18.05.050 of the Municipal Code, as determined by the town.

c.

If the initial sale of an RWH unit associated with an increase in residential density does not occur within 12 months of completing construction and receiving a temporary or permanent certificate of occupancy (as defined in title 15 of the Municipal Code), and the town council approves removal from the RWH program, the developer shall pay a rebate of 20 percent of the sales price of the initial sale after withdrawal.

(d)

Development eligibility. To enroll in the RWH program, residential units and their associated developments must meet the following requirements:

(1)

Unit type. RWH units shall be limited to owner occupied studio units which have a single room for living and sleeping, but which may have separate kitchen and bathroom; one-bedroom units; two-bedroom units; and three-bedroom units. Additional limitations on unit size apply to RWH units approved as a density increase, as specified in subsection (e)(1).

(2)

Initial unit price. RWH units shall be initially sold at no more than $350,000.00 per unit. In addition to the foregoing sentence, RWH units shall initially be sold at a purchase price less than the purchase price of units, if any, in the same development that are not enrolled in the RWH program. Initial purchase prices for RWH units shall be specified in the RWH agreement, subject to final approval by the town council, and established taking into consideration RWH development assistance provided by the town, and any other efficiencies, incentives or concessions.

(3)

Quality of construction. RWH units shall be of the same quality of construction and finish, unless otherwise approved by the town council, as units, if any, in the same development that are not enrolled in the RWH program.

(4)

Income-restricted RWH units. One-half of the RWH units within the development shall be sold to qualified employees having household incomes not greater than 140 percent of the AMI, and the initial sale to a qualified employee shall be at a purchase price that provides for monthly mortgage payments and homeowner, property or condominium association dues in a combined amount that does not exceed 30 percent of household income at 140 percent of the AMI. For purposes of this paragraph, monthly mortgage payments shall be not more than the payments based on a 30-year fixed rate, a five-percent down payment, and an interest rate based on a first time buyer with good credit.

(5)

RWH units not income-restricted. One-half of the RWH units within the development shall be designated for sale to qualified employees without limitations on household income or the combination of monthly mortgage payments and homeowner, property or condominium association dues.

(6)

Initial offer of non-RWH units. The remaining residential dwelling units in the development which are not enrolled in the RWH program shall not have income restrictions or other limitations on buyers at the time of sale or resale, except that such units shall at the time of their initial sale, be offered for a period of 30 calendar days exclusively to persons who are qualified employees. Additional offering restrictions may be agreed to between the developer and the town, and contained in the RWH agreement.

(7)

Deed restrictions. All RWH units shall be subject to a deed restriction prohibiting the sale of the RWH unit to anyone other than a qualified employee or, as further conditioned and allowed by the RWH program and RWH regulations, a qualified employer or nonprofit organization. Such deed restrictions shall also require all sales, ownership, leases and use of RWH units to be subject to the RWH program, RWH regulations, and RWH agreement.

(e)

RWH development assistance.

(1)

Residential density increase.

a.

Unless otherwise approved by the town council pursuant to the RWH program, residential density for multifamily development shall not exceed:

1.

Ten multifamily residential dwelling units per acre, where any residential unit is more than 1,000 square feet; or

2.

Fourteen multifamily residential dwelling units, per acre, where all residential units are 1,000 square feet or less.

b.

Unless otherwise approved by the town council pursuant to the RWH program, residential density for PUD development shall not exceed 15 residential dwelling units per acre.

c.

Additional residential unit density may be approved in multifamily and PUD developments above that specified in subsection (e)(1), if:

1.

All additional residential units are RWH units; and

2.

At least 80 percent of the additional residential units are 1,000 square feet or less.

3.

Studio, one-bedroom and two-bedroom units do not exceed 1,000 square feet.

4.

Three-bedroom units do not exceed 1,150 square feet.

d.

Residential density shall in no event exceed 21 residential dwelling units per acre for any combination of unrestricted and RWH units.

e.

The limitations specified in subsection (e)(1), that apply to RWH units approved as a density increase are in addition to the unit size limitations applicable for general enrollment of any residential dwelling unit in the RWH program.

(2)

Fee waivers. In exchange for designation of RWH units and their enrollment in the RWH program, the town council may, in its sole discretion, waive fees or other charges generally applicable to other developments.

(3)

Other assistance. In exchange for designation of RWH units and their enrollment in the RWH program, the town council may, in its sole discretion, waive other requirements generally applicable to similar developments, or provide other financial incentives, concessions and assistance.

(4)

Determination of assistance. In approving RWH development assistance as provided in this subsection, the town council shall take into consideration the housing needs within the town and Eagle County, the general benefits of the RWH units to the public in general and the residents and taxpayer of Gypsum specifically, and the totality of the RWH development assistance provided by the town.

(5)

Specified in RWH agreement. All RWH development assistance shall be specified in the RWH agreement.

(f)

RWH unit ownership.

(1)

Ownership of RWH units. Except as provided in this subsection for ownership and rental by governmental and nongovernmental employers and nonprofit organizations, and for equity partners, upon the initial sale and at all times thereafter as long as an RWH unit remains enrolled in the RWH program, the RWH unit may only be owned by a qualified employee.

(2)

Purchase applications. Any person or entity wishing to purchase an RWH unit shall apply to the RWH program administrator. The application shall include proof of residency, employment, income, and any other information deemed necessary or appropriate by the RWH program administrator to determination qualifications and eligibility. A person who applies to purchase an RWH unit, must also submit proof of prequalification for financing and purchase of the RWH unit by a bank or other mortgage lender.

(3)

Priority purchasers. Qualified employees who are also residents of the Town of Gypsum shall have the highest priority to purchase RWH units.

(4)

Qualified employees. To be and remain a qualified employee, applicants to purchase and owners of an RWH unit must:

a.

Prior residency. Or a member of the applicant's household must, have been a full-time resident of Eagle County for at least the preceding 12 months; and

b.

Employment. Or his or her spouse must, be employed by a business located within the Town of Gypsum or the Town of Eagle, or by the United States Forest Service, Bureau of Land Management, Colorado Department of Wildlife, Eagle County School District, Eagle County Government, Colorado Department of Transportation, Colorado State Patrol, Town of Eagle, Town of Gypsum, any fire, police or ambulance district in Eagle County, any hospital located in Eagle County, or any water and/or sanitation district in Eagle County; and

c.

Primary residence. Occupy the RWH unit as his or her primary residence. Residency shall be deemed to have been terminated by accepting employment outside of Eagle County for an undefined period of time or for a defined period of time of more than three months, or residing in the RWH unit fewer than nine months out of any 12-month period; and

d.

Citizenship. Be a United States citizen; and

e.

Sole residential property ownership. Own no other interest in any residential real property other than the RWH unit; and

f.

Household income. Earn at least 75 percent of the applicant's or owner's household income from employment within Eagle County; and

g.

Sole RWH unit. Not participate, or have a household income that includes any person who participates, in any manner as the purchaser, lessee, owner and occupant of more than one RWH unit.

h.

Waiver of employment restrictions. If a newly constructed RWH unit is offered for sale and is not sold or under contract 60 days after a temporary or permanent certificate of occupancy (as defined in title 15 at the Gypsum Municipal Code) has been issued, without application from a qualified employee as restricted by section 18.05.050(f)(4)b. hereof, the RWH unit may be offered for sale and sold to any person meeting the requirements of subparagraphs a., c., d., e., f. and g. hereof.

(5)

Qualified employers and nonprofit organizations. Qualified employers and nonprofit organizations, may also purchase RWH units, as limited by this paragraph. Prior to purchasing the RWH unit, the purchaser shall enter into a written agreement with the RWH program administrator and, if deemed appropriate by the RWH program administrator, a deed restriction, regarding conditions of leasing the RWH unit as further provided in the RWH program, and restricting any subsequent sale of the RWH unit to only a qualified employee, or a qualified employer or nonprofit organization as allowed by this paragraph.

(6)

Equity partner. Not more than one equity partner, whose interest may not exceed 30 percent of the purchase price of the RWH unit, may participate in the purchase or ownership of an RWH unit. An equity partner may share in the net sale proceeds from the subsequent sale of an RWH unit in the same proportion as their equity interest in the RWH unit, but in no event greater than 30 percent of the sale proceeds. An equity partner shall have no authority to determine whether or when to sell the RWH unit in which its interest is owned. An equity partner shall not appear as an owner on the deed for the RWH unit, but may record a lien or similar document evidencing its interest in the unit. Equity partners may be required to sign a verification of their interests and agreement to abide by all provisions of the RWH program and RWH regulations.

(7)

Qualified employer, nonprofit organization and equity partner ownership limitations. No equity partner or qualified employer or nonprofit organization shall own and have an equity partner interest in more than three RWH units in any single project at any one time. Solely for the purpose of this limitation, the Eagle County Regional Transportation Authority and the Eagle County Sheriff's Office shall be considered separate entities from Eagle County and its other offices or agencies.

(8)

Agreement and deed restrictions. Any purchaser or owner of an RWH unit may be required to execute and deliver a written agreement and, if deemed appropriate by the RWH program administrator, a deed restriction, to only sell, use, lease, or allow occupancy of the RWH unit in compliance with the RWH program and the RWH regulations, including future sales or transfers only to a qualified employee, equity partner, or qualified employer or nonprofit organization as allowed by the RWH program.

(g)

Leasing and occupancy of RWH units.

(1)

Ownership by a qualified employee. No RWH unit that is owned by a qualified employee may be leased.

(2)

Ownership by qualified employers and nonprofit entities. No RWH unit that is owned by a qualified employer or nonprofit organization may be leased except to a qualified lessee upon the following conditions:

a.

Periodic reports. The owner of the RWH unit shall provide copies of all leases and periodic reports to the RWH program administrator verifying the qualifications and eligibility of the lessee.

b.

Lease term. The term of any lease shall not exceed three years.

c.

Rental rate. The amount of rent payable shall be restricted as provided in the written agreement entered into between the owner and RWH program administrator prior to purchase of the RWH unit.

d.

Other terms. The owner of the RWH unit shall include in such leases provisions required in the written agreement entered into between the owner and RWH program administrator prior to purchase of the RWH unit, or otherwise reasonably required by the RWH program administrator to ensure qualification of the lessee and compliance with the RWH program and RWH regulations.

(3)

Qualified lessee. To be and remain a qualified lessee, a lessee must:

a.

General qualifications. But for the fact that the lessee is a lessee and not the owner of the RWH unit, meet all requirements to be a qualified employee, except that the prior residency requirement shall not apply.

b.

Lessee income. Have household income not in excess of 140 percent of AMI.

c.

Lessees of employer owners. In the case of an RWH unit owned by a qualified employer, be an employee of the owner.

(4)

Occupancy. No RWH unit may be occupied by someone other than an owner that is a qualified employee, a qualified lessee of a qualified employer or nonprofit organization, or members of the qualified employee's or qualified lessee's household. All occupants of an RWH unit must provide proof of United States citizenship. No RWH unit shall be leased, used or occupied so as to evade the intent of the RWH program to make RWH units available to qualified employees, qualified lessees, and their associated households upon which compliance with household income limitations is determined.

(5)

Waiver. Restrictions on leasing and occupancy of RWH units may be waived by the RWH program administrator to allow a temporary lease for good cause shown, such as a short-term vacation of less than two months, medical emergency, an extended period of unsuccessful sales efforts, or during the administration of an estate.

(h)

Administration.

(1)

RWH regulations. The town council may, from time to time, adopt by resolution RWH regulations for administration of the RWH program, consistent with this section.

(2)

RWH program administrator. The town council may, from time to time, designate by resolution the RWH program administrator to administer the RWH program in accordance with the terms of this section and the RWH regulations. The RWH program administrator may be an employee, agent or contractor to the town. The initial RWH program administrator shall be The Economic Council of Eagle County. Prior to appointing an agent or contractor as the RWH program administrator, the town council shall review and approve the organizational structure, funding and regulations of such entity. Notwithstanding delegation by this section of any authority to the RWH program administrator, the town council, upon notice to the program administrator, may reserve such authority solely to the town council.

(3)

Financing. The RWH program shall be funded through a real estate transfer fee imposed upon the initial sale and all resales of every RWH unit in an amount equal to two percent of the purchase price of the RWH unit. The RWH real estate transfer fee shall be in lieu of any brokerage fee paid to any realtor and shall be utilized by the town to pay the expenses of administering the RWH program. The town may provide in the RWH agreement for an exemption from all or a part of the RWH real estate transfer fee for initial sales by the developer, where such sales are not administered or brokered by the RWH program administrator. The town may delegate to the RWH program administrator the management of the RWH real estate transfer fee. Unless specifically waived by the town, the RWH real estate transfer fee shall be in addition to any other real estate transfer tax or fee imposed by the town.

(i)

Sunset provision. Unless otherwise extended by ordinance, no additional developments and no additional residential units shall be enrolled in the RWH program after December 31, 2010. All developments and RWH units enrolled in the RWH program as of that date shall continue to be administered in compliance with this section, as amended from time to time.

(j)

Purpose. The purpose of this section is to provide an opportunity for the development of a reasonable amount of restricted workforce housing ("RWH") in the Town of Gypsum that meets the needs of all economic groups. This will be accomplished through regulations that permit the set-aside of a portion of new residential development for RWH purposes and by permitting an increase in density to more than ten residential units per acre in multifamily or PUD developments which choose to include RWH. This section provides incentives and concessions to encourage the development of restricted workforce housing. It is the town's intent that RWH is dispersed throughout the town and not concentrated in one area.

(a)

Care requirements for large animals.

(1)

Large animals shall include, but are not limited to, horses, mules, donkeys, cows, llamas, and alpacas.

(2)

The minimum lot or parcel size for large animals is as follows:

a.

One full acre: two large animals;

b.

Two full acres: three large animals;

c.

Three full acres: four large animals;

d.

Four full acres or more: one full acre for the first two large animals and one full acre for each additional large animal.

(3)

Any structure housing any large animals shall be no closer than 20 feet from any property line and no closer than 40 feet from any dwelling unit on any adjoining property.

(4)

Water troughs for large animals shall not be permitted to run continually causing overflows or flooding of the property.

(5)

All facilities on the property for large animals, including, but not limited to structures, confinements, fences, pastures, and feed storage shall be maintained in a clean and sanitary condition; animal waste shall not be permitted to accumulate on the property and shall be properly disposed of by the property owner; no nuisances, including, but not limited to odors, dust, vermin, noise and vectors shall be permitted; damages done to any neighbor's fence shall be repaired by the large animal owner.

(6)

Off-spring from a large animal kept on the property are permitted on the property up to one year of age before such off-spring are considered in the allowable large animal count. Large animals under one year of age that are not off-spring from a large animal kept on the property must be counted toward the total allowable large animal limit.

(7)

No large animal shall be allowed to run at large off the property.

(b)

Care requirements for medium animals.

(1)

Medium animals shall include, but are not limited to goats, sheep, pigs, and turkeys.

(2)

The minimum lot or parcel size for medium animals is as follows:

a.

One full acre: four medium animals;

b.

Two full acres: six medium animals;

c.

Three full acres: eight medium animals;

d.

Four full acres or more: one full acre for the first four medium animals and one full acre for every additional two medium animals.

(3)

Any structure housing any medium animals shall be no closer than 20 feet from any property line ad no closer than 40 feet from any dwelling unit on any adjoining property.

(4)

Water troughs for medium animals shall not be permitted to run continually causing overflow or flooding of the property.

(5)

All facilities on the property for small animals including structures, confinements, fences, pastures and feed-storage shall be maintained in a clean and sanitary condition; animal waste shall not be permitted to accumulate on the property and shall be property disposed of by the property owner; and no nuisances, including, but not limited to orders, dust, vermin and noise shall be permitted.

(6)

Off-spring from medium animals kept on the property are permitted on the property up to eight weeks of age before such off-spring are considered in the allowable medium count. Medium animals under eight weeks of age that are not off-spring from a medium animal kept on the property must be counted toward the total allowable medium animal limit.

(7)

No medium animal shall be allowed to run at large off the property.

(c)

Care requirements for small animals and fowl (excluding chickens which is addressed in 18.05.060(4)).

(1)

Small animals and fowl include, but are not limited to, ducks, geese, and rabbits.

(2)

The minimum lot size for small animals or fowl shall be 10,001 square feet. No more than five small animals or fowl shall be permitted if the lot or parcel is less than one acre in size. Ten additional small animals or fowl are permitted for each one acre of lot size.

(3)

Any structure housing any small animals or fowl shall be no closer than 20 feet from any property line and no closer than 40 feet from any dwelling unit on any adjoining property.

(4)

All facilities on the property for small animals and fowl, including structures, confinements, fences, pastures and feed-storage shall be maintained in a clean and sanitary condition; animal waste shall not be permitted to accumulate on the property and shall be properly disposed of by the property owner; and no nuisances, including, but not limited to odors, dust, vermin, noise and vectors shall be permitted.

(5)

Off-spring from a small animal or fowl kept on the property are permitted on the property up to six months of age before such off-spring are considered in the total allowable small animal or fowl count. Small animals or fowl under six months of age that are not off-spring from a small animal or fowl kept on the property must be counted toward the total allowable small animal or fowl limit.

(6)

No small animals or fowl shall be allowed to run at large off the property.

(7)

Peacocks are not be permitted on any property in Town.

(d)

Care requirements for chickens.

(1)

There shall be a maximum of six hens allowed and the property must be 5,000 square feet or larger.

(2)

Rooster chickens shall only be permitted on properties of two acres or larger within the town.

(3)

A chicken coop shall only be located in the rear or side yard and must be at least 15 feet from a neighboring structure meant to be occupied.

(4)

Chickens shall not be permitted to range outside of the rear or side yards of the property and they shall be further protected by being enclosed in a chicken coop from dusk until dawn.

(5)

Chicken feed shall be kept within the residence or garage so that it can be secured from rodents or other wildlife.

(6)

No processing of chickens may occur outside of the residence or garage.

(7)

Minimum coop design and maintenance standards:

a.

Chicken coops and runs shall be maintained in a clean fashion to prevent odors and chicken manure shall be removed and stored in a sealed container or removed from the property immediately.

b.

The footprint of a chicken coop and enclosed run shall not exceed 120 square feet. The maximum height of the chicken coop shall be eight feet. A chicken coop shall either have a raised floor a minimum of two feet, or must incorporate hardware cloth that has openings one-half inch or less throughout the mesh which is buried to a minimum of one foot around the perimeter of the coop.

c.

Chicken coops and runs shall be completely enclosed with wire or other material to contain the chickens and prevent wildlife intrusion.

d.

Coops must be predator proof, with adequate ventilation and adequate sun and shade.

(e)

Enforcement. Enforcement of this section 18.05.060 shall be in accordance with section 18.16.040 of this Zoning Code.

(Ord. No. 2016-10, 10-25-16; Ord. No. 2019-06, § 1(Exh. A), 8-13-19)