(a)

The Town establishes the following affordable housing policies and definitions, adjustable as necessary to remain eligible for applicable sources of state and federal funding.

(b)

The Town will aim to approve housing developments priced so that more households earning no more than eighty percent (80%) of the Area Median Income can afford to live in the Town.

(c)

Where required by state or federal funding requirements, these standards shall be adjusted as follows:

The Town will aim to approve, and as needed, annually increase the supply of new and existing housing so that more rental households earning no more than sixty percent (60%) of the Area Median Income, and existing homeowners earning no more than one hundred percent (100%) of the Area Median Income, and first-time homeowners earning no more than one hundred twenty percent (120%) of the Area Median Income, can afford to live in the Town while paying no more than thirty percent (30%) of their gross monthly income for housing.

(d)

Affordable units shall be deed restricted for a minimum of twenty-five (25) years or a length as determined by the Mancos Board of Trustees. Deed restrictions shall by approved by resolution of the Board of Trustees.

(Ord. No. 779, § 11, 5-22-2024)

(a)

Purpose. This Section is intended to:

(1)

Establish the Town of Mancos Land Bank with authority to acquire, hold, and sell real property to assist housing providers (whether publicly affiliated, philanthropic, or private-sector for-profit) in providing affordable ownership and rental housing;

(2)

Assist in providing land that developers can feasibly purchase for affordable housing;

(3)

Create a method to eliminate barriers to returning or converting underutilized, vacant, or abandoned properties to productive use;

(4)

Assist in the early identification of sites for affordable housing development so that adjacent property owners will be aware of the plans for these sites; and

(5)

Systematically secure affordable housing sites so that developments can be dispersed throughout the community by strategically selecting sites for affordable housing projects in desirable locations.

(b)

Authority, governance, and staffing. The Town hereby establishes the Mancos Land Bank.

(1)

The Land Bank shall be governed by the Town Board of Trustees (Board). The Board may establish an Affordable Housing Land Bank Committee to provide input and recommendations about potential land purchases and dispositions.

(2)

The Board may advance funds to the Land Bank.

(3)

The Land Bank may be dissolved by ordinance. In such case, all property of the Land Bank shall be transferred to and held by the Town and may be disposed of as otherwise provided by law.

(4)

The Land Bank shall be administered by the Town Administrator and staffed by Town staff as needed.

(c)

Governing law.

(1)

The budget of the Land Bank shall be prepared, adopted, and published as provided by law for other political subdivisions of the state. No budget shall be adopted by the Land Bank until it has been submitted to, reviewed, and approved by the Board.

(2)

For any year in which the Land Bank has transactions, it shall make an annual report to the Town on or before January 31 of the following year, showing receipts and disbursements from all funds under its control and showing all property transactions occurring in such year. The annual report shall include an inventory of all property held by the Land Bank. A copy of such inventory also shall be published in the official Town newspaper in any year in which the Land Bank has any assets.

(3)

The Land Bank shall keep accurate accounts of all receipts and disbursements. For any year in which the Land Bank has transactions, the receipts and disbursements shall be audited during the following year by a certified or licensed public accountant and the report of the audit shall be included in and become part of the Land Banks' annual report.

(4)

All records and accounts shall be subject to public inspection pursuant to the Colorado Open Records Act (CORA) C.R.S. §§ 24-72-201—24-72-206, and amendments thereto.

(d)

Acquisition or transfer of property to the Land Bank.

(1)

Property considered by the Land Bank for acquisition shall be fully served by public facilities and services and meet at least one of the following criteria:

a.

The land is acquired from a willing seller (without the threat of condemnation).

b.

The cost of acquiring the land does not, in the Board's opinion, exceed the fair market value thereof.

(2)

Property available for inclusion in the Land Bank shall include, but not be limited to:

a.

Property acquired by the Board;

b.

Parcels of tax delinquent property foreclosed on by the county that have the potential for development within a reasonable period of time and have been accepted by the Board;

c.

Property currently held in the name of the Town;

d.

Parcels of property donated by other governmental entities;

e.

Property purchased by the Land Bank Board to complement properties already included in the Land Bank; and

f.

Property offered to and accepted by the Land Bank.

(3)

If the Land Bank acquires residential property that is occupied by the owner at the time of acquisition, the Land Bank shall keep the owner-occupant in the home whenever feasible.

(e)

Administration of Land Bank property. The Board shall assume possession and control of any property acquired by it under this chapter and shall hold and administer such property. In the administration of property, the Board shall:

(1)

Manage, maintain, and protect or temporarily use for a public purpose such property in the manner the Board deems appropriate;

(2)

Compile and maintain a written inventory of all such property. The inventory shall be available for public inspection and distribution at all times;

(3)

Study, analyze and evaluate potential, present, and future uses for such property which would provide for the effective reutilization of such property;

(4)

Plan for and use the Board's best efforts to consummate the sale or other disposition of such property at such times and upon such terms and conditions deemed appropriate;

(5)

Establish and maintain records and accounts reflecting all transactions, expenditures and revenues relating to the Bank's activities, including separate itemizations of all transactions, expenditures and revenues concerning each individual parcel of property acquired; and

(6)

Thirty (30) days prior to the sale of any property owned by the Land Bank, publish a notice in the official Town newspaper announcing such sale.

(f)

Taxes and assessments.

(1)

Until sold or otherwise disposed of by the Land Bank, any property acquired by the Bank shall be exempt from the payment of ad valorem taxes levied by the state and any other political or taxing subdivision of the state.

(2)

When the Board acquires property pursuant to this chapter, the county shall remove from the tax rolls all taxes, assessments, charges, penalties, and interest that are due and payable on the property at the time of acquisition by the Board.

(g)

Disposition of Land Bank property.

(1)

Disposition priorities. Preference for use of Land Bank property that is conveyed for private development shall be in the following order:

a.

Owner-occupied affordable housing units,

b.

Affordable rental housing units, and

c.

Owner-occupied market rate housing units.

(2)

The Land Bank shall consider the adopted comprehensive plan and make reasonable efforts to coordinate the disposition of property in compliance with the plan.

(3)

The Board, without competitive bidding, may sell any property acquired by the Board at such times, to such persons, and upon such terms and conditions, and subject to such restrictions and covenants deemed necessary or appropriate to assure the property's effective (re)utilization for affordable housing.

a.

The sale of any real property on which there are delinquent special assessments to finance public improvements levied by the Town or a special district shall be conditioned upon the approval of the Board.

b.

The Town's conveyance of the property to the affordable housing provider shall be made subject to a deed restriction, covenant or such other instrument or instruments as the Board, in consultation with the Town Attorney, deems appropriate, which shall run with the title to the property and obligate the housing provider to commence development of all housing within twenty-four (24) months of having acquired the land and to obtain building permits for the construction of all such housing units within forty-eight (48) months of acquisition of the property. If the development requirements are not met, the Town will be entitled to pursue the remedies described in such instruments. Any extension of these time periods of time shall be valid only if approved by the Board upon finding that the housing provider has exerted a good faith and diligent effort in pursuing the development but has suffered delays caused by unforeseen circumstances not reasonably within the control of the housing provider.

c.

Any property sold by the Town for affordable housing under the authority of this chapter shall also be made subject to a deed restriction, covenant or such other instrument or instruments as the Board, in consultation with the Town Attorney, deems appropriate, which shall run with the title to the property, limiting the use of the property to affordable housing as described herein and requiring, to the greatest extent feasible, that if the property is subsequently resold or transferred by the original housing provider, all subsequent owners of such property must continue to use such property for affordable housing. If the property is ever used for other purposes, the Town will be entitled to pursue the remedies described in such instruments.

(4)

The Board, for purposes of land disposition, may consolidate, assemble, or subdivide individual parcels of property acquired by the Land Bank.

(5)

The Board may offer such incentives as it deems appropriate to encourage the development of Land Bank property.

(6)

Notwithstanding the affordable housing requirements of subsections (a) and (c) above, the Town may sell or trade property acquired pursuant to this Chapter for purposes other than affordable housing if the Board determines that the property is no longer appropriate for the Land Bank program because:

a.

An affordable housing project on the property is not supported by a market study obtained by the Town;

b.

The Town has not received a satisfactory response to a request for proposals to develop the property; or

c.

The property is too difficult or costly to develop as affordable housing due to the size, location, physical condition, or other limitations on the property.

d.

Property that is disposed of pursuant to subsection (f) may be used for any of the following:

1.

Parks or open space, or

2.

Market rate housing construction.

(h)

Consultation with community groups and review of proposals.

(1)

The Land Bank staff shall consult with any neighborhood association/community group/business association that may be affected by a Land Bank development project and pass on to the Board the recommendations and concerns of such neighborhood associations/community groups/business associations.

(2)

Proposals will be reviewed by the Land Bank staff and forwarded to the Board along with the recommendations and/or concerns of affected neighborhood groups/business entities.

(i)

Use of proceeds from the sale of Land Bank property.

(1)

Except as provided in paragraph (b), any moneys derived from the sale of property by the Land Bank shall be retained by the Land Bank for the purposes and operations thereof. Any funds not immediately required for the purposes of the bank shall be invested in the manner provided by Colorado Statutes.

(2)

The Board may use all or any part of the proceeds from the sale described in paragraph (a) to reimburse the Town bond and interest fund for delinquent special assessments due on such property.

(Ord. No. 779, § 11, 5-22-2024)

(a)

Applicability. A petition to annex land into the Town may be filed by any individual or initiated by planning commission or Board.

(b)

Compliance with State law.

(1)

In annexation proceedings, the Town may exercise all statutory powers it may lawfully assume, including those set forth in the Colorado Municipal Annexation Act of 1965, as amended, and Section 30, Article II of the Colorado Constitution.

(2)

The procedures in this Article are not meant to apply to annexations of unincorporated municipally owned land, and the procedures in this Article may be abbreviated as provided by law with regard to annexation of enclaves, but only in strict accordance with Section 31-12-106, C.R.S.

(3)

The annexation must comply with Section 30 of Article II of the State Constitution and Sections 31-12-104 and 31-12-105, C.R.S., or such provisions thereof as may be required to establish eligibility under Section 31-12-101, et seq., C.R.S.

(4)

To the extent the state has adopted or adopts in the future any additional or stricter law or regulation governing annexation, the additional or stricter regulation shall control the annexation.

(c)

Annexation policies. In deciding annexation petitions, the Town will exercise its powers as reasonable and necessary for the public welfare. The Town will impose terms and conditions of annexation to protect the public interest, and to that goal shall ensure that the following policies are accomplished:

(1)

The Three Mile Plan section of the Town's adopted comprehensive plan identifies areas surrounding the town that are planned for the future residential, commercial and industrial growth of the town. All annexations shall be consistent with the comprehensive plan and the Town of Mancos Trails Master Plan.

(2)

Consent to annexation by benefiting landowners and conformance to the comprehensive plan and standards of this LUC shall be a condition of extension or expansion of the municipal utility service.

(3)

Applicants should identify revenues adequate to pay the costs associated with the provision/extension of municipal services for their developments, and the Town should agree that the revenues will be adequate prior to approval of a petition for annexation. Such conditions shall be incorporated into an annexation agreement between the Town and the applicant.

(4)

Compliance with every applicable state law or regulation shall be deemed an additional requirement for annexation, and noncompliance with any applicable state law or regulation shall be grounds for denial of annexation.

(d)

Procedures.

(1)

Generally. Procedures for review and decision of annexations are established in Section 16-18-2, General Procedures, and this Section.

(2)

Preapplication conference.

a.

A pre-application meeting is required.

b.

Following the pre-application meeting with staff, the Zoning Administrator may request a nonbinding pre-application conference between the applicant and the planning commission or Board.

c.

The Town Clerk shall refer the petition to the Board as a communication. The Board shall then take appropriate steps to ascertain if the petition so filed is substantially in compliance. If the petition is found to be in substantial compliance, the procedures outlined in Sections 31-12-108 to 31-12-110, C.R.S., shall be followed. If not in substantial compliance, no further action shall be taken.

d.

Before an application is presented to the Board for consideration, the party requesting the annexation shall obtain tax certificates showing that all taxes due have been paid on the property to be annexed.

(3)

Concurrent submittals.

a.

The Town may institute the procedure outlined in state statutes to make land subject to zoning at any time after a petition for annexation, or a petition for an annexation election, has been found to be valid in accordance with the provisions of Section 31-12-107, C.R.S. The proposed zoning ordinance shall not be passed on final reading prior to the date when the annexation ordinance is passed on final reading. If the zoning process is commenced prior to the effective date of the annexation ordinance, the legal protest area for zoning shall be determined solely on geographic location, irrespective of whether the land in such legal protest area is within or without, or partly within and partly without, of the Town.

b.

Any area annexed shall be brought under such zoning ordinance and map within ninety (90) days after the effective date of the annexation ordinance.

c.

During such ninety-day period or such portion thereof required to comply with subsection (3)b., the Town may refuse to issue any building or occupancy permit for any portion or all of the newly annexed area.

d.

Any provision in a zoning ordinance automatically applying a uniform zoning classification to all land which may be annexed in the future is void and of no effect as to any annexation completed on or after January 1, 1966.

e.

The Town may institute the procedure outlined in its subdivision regulations to subdivide land in the area proposed to be annexed at any time after a petition for annexation or a petition for an annexation election has been found to be valid in accordance with the provisions of Section 31-12-107, C.R.S. The ordinance accepting the proposed subdivision shall not be passed on final reading prior to the date when the annexation is passed on final reading.

f.

Notwithstanding any other provision of law, whenever the Town annexes an area that contains any portion of a public transportation right-of-way, a customary or regular use of which involves the movement of any agricultural vehicles and equipment, for the period during which land use within the annexed area is devoted to agricultural use and regardless of whether the annexed area has been zoned for agricultural uses, the Town shall not adopt or enforce any ordinance or regulation affecting the right-of-way, whether arising in connection with zoning, rezoning, the regulation of traffic or otherwise, so as to restrict such customary or regular use of the right-of-way that is in existence as of the time of the annexation. Nothing in this Subsection shall be construed as in any way restricting the Town from adopting or enforcing traffic regulations that are either consistent with the customary or regular use of the right-of-way or are necessary for the safety of vehicular and pedestrian traffic using the right-of-way.

g.

In addition to any other applicable notice requirements provided by law, not less than thirty (30) days prior to final adoption of an ordinance or regulation affecting the right-of-way in an annexed area that is devoted to agricultural use and regardless of whether the annexed area has been zoned for agricultural uses, the Town shall send notice of the proposed ordinance or regulation to the following persons by means of the following methods:

1.

To any person who owns property in the annexed area that is contiguous to the right-of-way, by certified mail; and

2.

To such persons as appear on a list maintained by the Town of interested persons who are to receive such notice by first-class mail. The name of any such person shall remain on the list until such time as the person requests removal of the person's name from the list.

3.

For purposes of this Subsection, agricultural vehicles and equipment means any vehicle or equipment that is designed, adapted or used for agricultural purposes.

(4)

Referral departments and agencies. Required referral departments and agencies for an annexation application are:

a.

Street Supervisor,

b.

Public Works Director,

c.

Electric power association,

d.

Fire protection district, and

e.

Town Attorney.

(5)

Notice.

a.

The Town Clerk shall give notice as follows: A copy of the resolution or the petition as filed (exclusive of the signatures), together with a notice that, on the given date and at the given time and place set by the Board, the Board shall hold a hearing upon the resolution of the Town or upon the petition for the purpose of determining and finding whether the area proposed to be annexed meets the applicable requirements of Section 30 of Article II of the State Constitution and Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for annexation.

b.

Notice shall be published once a week for four (4) successive weeks in some newspaper of general circulation in the area proposed to be annexed. The first publication of such notice shall be at least thirty (30) days prior to the date of the hearing. The proof of publication of the notice and resolution or petition, or the summary thereof, shall be returned when the publication is completed, the certificate of the owner, editor or manager of the newspaper in which notice is published shall be proof thereof.

c.

A copy of the published notice, together with a copy of the resolution and petition as filed, shall also be sent by certified mail by the Town Clerk to the board of county commissioners, to the county attorney and to any special district or school district having territory within the area to be annexed at least twenty-five (25) days prior to the date fixed for such hearing. The notice required to be sent to the special district or school district by this Subsection shall not confer any right of review in addition to those rights provided for in Section 31-12-116, C.R.S.

(6)

Recommendation. In addition to making findings and recommendations related to the annexation decision criteria of Subsection (7)g., below, the planning commission shall recommend as to:

a.

Whether it believes the petition for annexation complies with Section 31-12-107, C.R.S.;

b.

Whether it believes the petition for annexation complies with adopted annexation policies of the Town; and

c.

Suggested terms of an annexation agreement.

(7)

Decision hearing.

a.

The Board shall hold a meeting and consider a resolution finding substantial compliance. If substantial compliance is found, the resolution shall establish a date, time, and place that the Board will hold a hearing to determine if the proposed annexation complies with Section 30 of Article II of the State Constitution and Sections 31-12-104 and 31-12-105, C.R.S., or such provisions thereof as may be required to establish eligibility under Section 31-12-101, et seq., C.R.S.

b.

The hearing shall be held not less than thirty (30) days, nor more than sixty (60) days after the effective date of the resolution setting the hearing. The hearing need not be held if the Board determines conclusively that the requirements have not been met under Section 30 of Article II of the State Constitution and Sections 31-12-104 and 31-12-105, C.R.S., or such provisions thereof as may be required to establish eligibility under Section 31-12-101, et seq., C.R.S.

c.

The Board may continue the hearing to another date without additional notice, if the volume of material to be received cannot be presented within the available time for any given session; except that no session of a hearing shall be so continued unless at least one (1) hour of testimony has been heard.

d.

Any person may appear at such hearing and present evidence upon any matter to be determined by the governing body.

e.

All proceedings at the hearing and any continuances thereof shall be recorded, but the recorder's notes need not be transcribed unless proceedings for judicial review are initiated as provided in Section 31-12-116, C.R.S.

f.

The Board may dispense with the reporting of the hearing as provided in this Section and substitute in lieu thereof minutes summarizing the presentation of each speaker and describing the proceedings of the hearing. In the event that any proceedings are commenced for judicial review of an annexation in which this Subsection has been followed, the provisions of Section 31-12-116(5), C.R.S., shall be applicable.

g.

Upon the completion of the hearing, the Board, by resolution, shall set forth its findings of fact and its conclusion based thereon with reference to the following matters:

1.

Whether or not the requirements of the applicable provisions of Section 30 of Article II of the State Constitution and Sections 31-12-104 and 31-12-105, C.R.S., have been met;

2.

Whether or not an election is required under Section 30(1)(a) of Article II of the State Constitution and Section 31-12-107(2), C.R.S.; and

3.

The Board shall also determine whether additional terms and conditions are to be imposed.

i.

A finding that the area proposed for annexation does not comply with the applicable provisions of Section 30 of Article II of the State Constitution or Sections 31-12-104 and 31-12-105, C.R.S., shall terminate the annexation proceeding.

ii.

If the resolution of the Board adopted pursuant to Section 31-12-110, C.R.S., determines that the applicable provisions of Section 30 of Article II of the State Constitution and Sections 31-12-104 and 31-12-105, C.R.S., have been met, and further determines that an election is not required under Section 31-12-107(2) C.R.S., and does not determine that additional terms and conditions are to be imposed, the Board may thereupon annex the area proposed to be annexed by ordinance. An annexation ordinance will be drafted and considered at a later date if the Town desires to annex, consistent with the annexation policy.

iii.

If the Board determines that an annexation election is required under the provisions of Section 30(1)(a) of Article II of the State Constitution and Section 31-12-107(2), C.R.S., or that additional terms and conditions should be imposed upon the area proposed to be annexed other than those approved by the applicant, an election shall be called, as provided by Section 31-12-112, C.R.S., to determine whether a majority of the landowners and the registered electors in the area proposed to be annexed approve such annexation, with such terms and conditions, if any, as may attach thereto.

(8)

Annexation impact analysis.

a.

The Town shall prepare an annexation impact report for all annexations involving more than ten (10) acres of land at least twenty-five (25) days prior to the date of the hearing held in accordance with the requirements of Section 16-19-17(d)(7), Review by Board, and shall file one (1) copy with the board of county commissioners within five (5) days thereafter.

b.

A report shall not be required for annexations of ten (10) acres or less in total area or when the Board and the board of county commissioners agree that the report may be waived.

c.

A report shall include the following, as a minimum:

1.

A map or maps of the Town and adjacent territory to show the following information:

i.

The present and proposed boundaries of the Town in the vicinity of the proposed annexation.

ii.

The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation.

iii.

The existing and proposed land use pattern in the areas to be annexed.

2.

A copy of any draft or final preannexation agreement, if available.

3.

A statement setting forth the plans of the Town for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf of the Town at the time of annexation.

4.

A statement setting forth the method under which the Town plans to finance the extension of the municipal services into the area to be annexed.

5.

A statement identifying existing districts within the area to be annexed.

6.

A statement on the effect of annexation upon local public school district systems, including the estimated number of students generated and the capital construction required to educate such students.

(9)

Filing. The Town shall file:

a.

One (1) copy of the annexation map with the original of the annexation ordinance in the office of the Town Clerk; and

b.

Three (3) certified copies of the annexation ordinance and map of the area annexed containing a legal description of such area with the County Clerk and recorder.

(10)

Effective date.

a.

The area shall be annexed on the effective date of the annexing ordinance, except as otherwise provided in Sections 31-12-118 and 31-12-118.5, C.R.S., and for tax purposes as provided in Subsection (10)b., below.

b.

An annexation shall be effective for the purpose of general taxation on and after the 1st of January, next ensuing.

(e)

Decision criteria. The following criteria must be met under the terms of the annexation agreement:

(1)

Use. The master plan for the use of the area to be annexed is consistent with adopted land use and policy plans for the Town including the comprehensive plan, utility plans, trails master plan, and in harmony with the intent of Town zoning, policies of the Town, and compatible with adjacent neighborhoods.

(2)

Open space and trails. The open spaces and trails have a workable program established for maintenance and upkeep.

(3)

Necessity. The proposed annexation is necessary or desirable and will contribute to the general well-being of the community.

(4)

Health, safety, and general welfare. The proposed annexation will in no way be detrimental to the health, safety, or general welfare of persons residing within the corporate boundaries or injurious to property or improvements in the vicinity of the annexation.

(5)

Logical road system. The area has incorporated in its design, if a design has been developed, a logical extension of roads.

(6)

Utilities and roads. The extension of services is feasible and will be financed totally by the applicant, and the applicant will post performance guarantees to assure the completion of public improvements.

(7)

Water rights. All water rights associated with land areas proposed for annexation will be dedicated to the Town.

(8)

Revenues. The revenue and/or public benefit to be gained from the Town's portion of the increased tax base is equal to or greater than the cost of services required.

(9)

Public lands dedication. Public land from the gross land area approved for annexation will be dedicated to the Town in fee simple, or other equivalent consideration, pursuant to Article 15 of this Chapter, pertaining to dedication of ten percent (10%) of land annexed or payment of established cash-in-lieu fee.

(10)

Costs to the Town. The applicant shall pay all costs incurred by the Town for reviewing annexation proposals, including fees charged by consultants and specialists needed to address important issues.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Building permit.

(1)

A building permit is required before any construction commences on an approved development.

(2)

The applicant must pay all required development fees per the agreement on the zoning permit before the Town shall issue a building permit.

(b)

Certificate of occupancy.

(1)

A certificate of occupancy shall be applied for concurrently with every building permit.

(2)

A certificate of occupancy is required before use or occupancy of any building erected, converted, or structurally altered; or a change in use of any land or a nonresidential building.

(3)

A certificate of occupancy will be issued within ten (10) days after the completion of the erection, alteration, or conversion of such building or land, provided that the building inspector finds that the building or proposed use of land or building complies with the provisions of this LUC and other building and health laws of the Town.

(4)

A record of all certificates of occupancy shall be kept on file in the office of the building inspector, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the land or building affected.

(Ord. No. 751, § 1, 11-13-2019)

(a)

Application contents. In addition to any other information prescribed by the Zoning Administrator, an application for a short-term rental permit shall include the following information:

(1)

Contact information for the owner of the property.

(2)

Contact information for the owner's agent with access to the dwelling unit, and authority to fix any problems or violations of this Chapter, who is available twenty-four (24) hours a day, seven (7) days a week, at a phone number provided to both the Town and any person staying at the property to answer calls from the Town, an agent authorized by the Town to make such calls, or a person who is renting the property.

(3)

Attestation and agreement to comply with the requirements of this Section.

(4)

Identification of all dwelling units that will be rented on a short-term basis.

(5)

A zoning clearance permit (or similar permit that shows property in conformance with zoning requirements).

(6)

The URL (i.e., the website address) for any and all advertisements of the short-term rental of the property.

(7)

Attestation that short-term rental of the property is not prohibited by covenants, conditions and restrictions (CC&Rs), or rules or restrictions of a homeowners' association or similar association, and that applicant has notified such association that the property owner is applying for a short-term rental permit. Proof of notification must be retained for the duration that the applicant maintains a short-term rental permit for the property.

(8)

If seeking a short-term rental permit in a multifamily structure, contact information, including a phone number, for all tenants. Copies of the leases for all tenants, and proof of ownership of entire building must be provided within ten (10) days of a request for such information.

(b)

Review. The Zoning Administrator shall review an application for a short-term rental permit for compliance with these regulations. The Zoning Administrator shall not approve an application for a short-term rental permit (or renewal of such permit), or may revoke such permit, if any of the following findings are made:

(1)

The applicant has not paid all transient occupancy [sales] tax due.

(2)

The property has any outstanding code enforcement violations.

(3)

The property does not comply with all applicable codes regarding fire, building and safety, and other relevant laws and ordinances.

(4)

The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application, or in any report or statement required to be filed that is related to the application.

(5)

The property that is the subject of the application is not in a condition where it may be immediately rented on a short-term basis consistent with the requirements of these regulations.

(6)

The property has received more than two (2) citations for violation of the Town's noise ordinance within a period of twelve (12) consecutive months [if applicable].

(c)

Notice of approval. When a short-term rental permit is approved, the Zoning Administrator shall provide, at the owner's expense, the contact information for the owner's agent to all dwelling units within five hundred (500) feet of the parcel boundary.

(d)

Duration and renewal.

(1)

Short-term rental permits shall be issued for one (1) year and must be renewed annually.

(2)

An application to renew a short-term rental permit must be received by the Zoning Administrator not less than thirty (30) days prior to the expiration of the short-term rental permit. Applications received after the deadline but before expiration of the permit may be accepted at the discretion of the Zoning Administrator.

(3)

Applications for renewal shall be in a form required by the Town and shall include updates of all information required or submitted for the permit.

(4)

No permit shall be renewed unless all Town fees and taxes owed by the applicant are paid in full, including the renewal fee.

(e)

Effect of denial or revocation.

(1)

If an application for a short-term rental permit (or an application for renewal of such permit) is denied, the Zoning Administrator shall not approve a new application for that applicant and location for a twelve-month period after the denial unless the Zoning Administrator determines that the reason for the denial has been cured and no longer exists. An applicant who has requested review based on cured circumstances but who is then again denied must wait the full twelve-month period following the cured circumstances request before submitting a new application.

(2)

If a short-term rental permit is revoked, the short-term rental of the property must cease immediately and shall not be permitted for a period of twelve (12) months from the date of revocation.

(3)

The short-term rental of property (or advertisement or offer of such rental) after denial or revocation of a short-term rental permit shall result in the property and applicant being ineligible to conduct the short-term rental of property (or apply for a short-term rental permit) for an additional six-month period for each such rental; such period is in addition to the prohibitions listed in Sections (a) and (b) above.

(4)

No fee refunds shall be issued to any permittee whose short-term rental permit is revoked.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020)

(a)

Submittal requirements. The Zoning Administrator shall establish and update, from time to time, the required inclusions in every application. The current submittal requirements shall be appended to this LUC. The Town Clerk shall maintain copies for public review in the Town offices.

(b)

Forms. The Zoning Administrator shall establish and update, from time to time, forms for use in applications, which shall be appended to this LUC. The Town Clerk shall maintain and provide copies for applicant use in Town offices.

(c)

Required number of copies.

(1)

The applicant is responsible to bear the expense of and provide all copies of the application as are necessary for review by the recommendation, referral, and decision officials and bodies as required by this Article 19, Zoning and Subdivision Procedures.

a.

The number of copies required shall be a minimum of two (2) copies for applications that are decided by staff, plus one (1) additional copy for every required referral agency or department, and one (1) additional copy for every member of every recommendation body, and hearing body. The typical requirements are included in a schedule in the Appendix to this LUC.

b.

The Zoning Administrator may reduce the number of required copies if a review body has fewer than the typical number of sitting members.

c.

The Zoning Administrator may increase the number of copies if additional referral departments or agencies are required.

d.

By mutual agreement, the Zoning Administrator may charge the applicant for the cost of copies above the minimum number of two (2). On payment, the Zoning Administrator shall make copies on behalf of the applicant.

(2)

The Town Clerk shall maintain one (1) of the submitted copies of the application available for public review.

(d)

Application filing fees.

(1)

In order to cover the cost to the Town of reviewing and deciding applications for procedures of this LUC, the Board establishes a schedule of required application filing fees. The Town Clerk shall keep a record of the current schedule of application filing fees on record and make it available to the public.

(2)

The Zoning Administrator shall periodically study the cost of application review and advise the Board as to whether any changes are necessary to ensure that fees are aligned with the real cost of review to the Town.

(3)

The applicant shall submit the required filing fee when an application is submitted. An application shall not be deemed complete until the required filing fee is paid.

(4)

If the Town finds that review and decision of an application will incur expense significantly greater than the established fee, then the Board may require the applicant to reimburse additional costs incurred by the Town.

(Ord. No. 751, § 1, 11-13-2019; Ord. No. 761, § 1, 10-28-2020)