Mount Crested Butte
City Zoning Code
City Zoning Code
ARTICLE XIII
Employee Housing Unit Policy
21-700 Provisions superseded.
The provisions of this article, sections 21-700 through 21-703, have been superseded by Chapter 22, Community Housing, for all development occurring after January 31, 2003. The provisions of this article shall be inapplicable to any developments occurring on or after the above date. The provisions of this article shall remain in full force and effect as they relate to employee living spaces which were dedicated on or before January 31, 2003.
(Ord. No. 12-07, § 1, 1-15-13)
21-701 Employee living space-Required.
(a)
All applications for design review received after the effective date of this article, but before January 31, 2003, for multiple-family units, accommodation units, and commercial and retail developments, regardless of size, shall provide for one of the two following options:
(1)
One employee living space of 320 square feet for each 8,000 square feet of gross residential floor area (GRFA) or commercial and retail floor area (GCFA) contained therein; or
(2)
One seasonal employee living space of 320 square feet for each 4,000 square feet of gross residential floor area or commercial and retail floor area contained therein.
(b)
The employee living space(s) or seasonal employee living space(s) and fractions thereof required by this section can be combined with other employee living space(s) and fractions thereof required of other developments. Credit for dedication of more than is required for a development may be issued by the town to be applied against future developments.
(c)
These requirements do not apply to projects owned by any governmental entity.
(d)
Once constructed, no subsequent renovation of the project shall result in a reduction of the number of employee living spaces required for such project.
(Ord. No. 12-07, § 1, 1-15-13)
21-702 Employee living space-Dedicated by developer.
Prior to issuance of a certificate of occupancy for the project, the employee living spaces or seasonal employee living spaces shall be dedicated to such use by the developer, either on or off the subject project site, but in no event outside of the town boundaries or within the Single-Family Residential District, by one of the following methods:
(a)
A dedication of the dwelling unit containing such employee living space(s) or seasonal employee living space(s) on the condominium or other final plat as a general common element, in which case the condominium declarations or other recorded restrictions relating thereto shall contain the restrictions on the use of the dwelling unit as employee living space(s) or seasonal employee living space(s) as defined herein, which declarations or restrictions shall contain provisions providing for the operation and maintenance of such employee living space(s) or seasonal employee living space(s) by the condominium or other association which operates, maintains, and manages the subject projects and its general common elements. A lease or sublease of any unit containing employee living space(s) or seasonal employee living space(s) shall be subject to this same restriction.
(b)
A dedication of such employee living space(s) or seasonal employee living space(s), either by a single owner or in conjunction with other owners required to provide employee living space(s) or seasonal employee living space(s) by a recorded deed restriction upon the dwelling unit provided in lieu of subsection (a), properly executed by the owner(s) of record of such dwelling unit, which deed restriction shall contain the restrictions on the use of such dwelling unit as employee living space(s) or seasonal employee living space(s) as defined herein.
(c)
A dedication of such employee living space(s) or seasonal employee living space(s) by the recording of a restrictive covenant requiring the use of a specific area, which area shall be specifically described therein, restricting the use of the described area to employee living space(s) or seasonal employee living space(s) as defined herein.
(Ord. No. 12-07, § 1, 1-15-13)
21-703 Employee living space-Fees in lieu of dedication.
If the developer is unwilling or unable to provide dedicated employee living space(s) or seasonal employee living space(s) as required, the developer will be able to fulfill the employee living space or seasonal employee living space requirement by placing in an account maintained by the housing authority of Mt. Crested Butte and dedicated to the acquisition and/or development of employee living spaces in the town, an amount equal to the square footage required to be provided for employee living space(s), seasonal employee living space(s) or fractions thereof, multiplied by the cost per square foot for such construction. The value of the project shall be determined by multiplying the total number of square feet to be constructed by the cost per square foot for such construction contained in the Building Valuation Data contained in the publication Building Safety Journal, published by the International Code Council, multiplied by the factor of 1.67 for Group R-3 residential and by a factor of 1.35 for all other groups and classifications. Such square footage cost shall be adjusted every six months, in the publication of the February and August Building Safety Journal publications.
(Ord. No. 12-07, § 1, 1-15-13)
21-704 Release or suspension of restrictions.
(a)
If it should appear that the need for employee housing within Mt. Crested Butte, Colorado, shall no longer be necessary, the condominium or other association, the project owner(s), or their respective assigns, may petition the town for a resolution releasing such restriction requiring the provisions of employee living space(s) or seasonal employee living space(s).
(b)
Upon receipt of such petition, the town clerk shall cause to be published a notice of public hearing concerning the petition for release for such restriction, to be published in the town's official newspaper for two consecutive weeks, advising of a public hearing to be held no less than 10 days nor more than 20 days subsequent to the date of final publication on such petition for release of the restriction.
(c)
The town council, after consideration of input provided and received at said public hearing, shall determine whether or not to release said restrictions entirely, to suspend the operation of said restriction for a period of one year, or to deny the petition.
(d)
The town council shall issue a decision within 60 days of the public hearing.
(Ord. No. 12-07, § 1, 1-15-13)
21-705 Penalty.
It is unlawful for any person to violate any of the provisions in this chapter. Unless otherwise specifically stated, every person convicted of a violation of any provision in this chapter shall be punished in accordance with the provisions of section 1-14 of the Town Code.
(Ord. No. 12-07, § 1, 1-15-13; Ord. No. 14-5, § 2, 9-2-14)