(A) Deed restriction, occupancy limitations and reporting requirements - Types I, II, III and V.
(1) No EHU shall be subdivided or divided into any form of timeshare, interval ownerships or fractional fee.
(2) For EHUs which are required to be leased, they shall only be leased to and occupied by tenants who are full-time employees who work in Eagle County. An EHU shall not be leased for a period less than 30 consecutive days. An EHU shall be continuously rented and shall not remain vacant for a period to exceed three consecutive months.
(3) Thirty days prior to the transfer of a deed for an EHU, the prospective purchaser shall submit an application to the Administrator documenting that the prospective purchaser meets the criteria set forth herein and shall include an affidavit affirming that he or she meets these criteria.
(4) No later than February 1 of each year, the owner of an EHU shall submit a sworn affidavit on a form provided by the town to the Community Development Department containing the following information:
(a) Evidence to establish that the EHU has been occupied throughout the year by an employee;
(b) The rental rate;
(c) The employer; and
(d) Evidence to demonstrate that at least one tenant residing in the EHU is an employee.
(5) The deed restriction setting forth the provisions of this subsection (A) shall be provided by the town. Said deed restriction shall run with the land and shall not be amended or terminated without the written approval of the Vail Town Council. Said restriction shall be recorded by the town at the Eagle County Clerk and Recorder’s office prior to the issuance of a certificate of occupancy.
(B) Development standards.
(1) No structure containing an EHU shall exceed the maximum GRFA permitted in this title except as specifically provided herein.
(2) All trash facilities shall be enclosed.
(3) All surface parking shall comply with Chapter 11 of this title.
(4) Each EHU shall have its own entrance. There shall be no interior access from any EHU to any dwelling unit it may be attached to.
(5) An EHU may be located in, or attached to, an existing garage (existing on or before April 18, 2000, and whether located in a required setback or not), provided that no existing parking required by this code is reduced or eliminated. A Type I EHU of 500 square feet or less of GRFA may be considered for physical separation from the primary unit, if it is constructed in conjunction with a two car garage and is otherwise compatible with the surrounding properties, does not have an adverse impact on vegetation and does not dominate the street. The Design Review Board shall review such requests for separation.
(6) All EHUs must contain a kitchen or kitchenette and a bathroom.
(7) Occupancy of an EHU shall be limited to the maximum of two persons per bedroom.
(C) Application requirements.
(1) Applicants for a conditional use permit for the purpose of constructing EHUs shall not be required to pay a conditional use permit application fee or design review application fee.
(2) A development review application for a conditional use permit for the purpose of constructing EHUs is subject to review and approval by the Planning and Environmental Commission as provided in Chapter 16 of this title.
(3) EHU applications which do not require a conditional use permit shall be reviewed by the Department of Community Development subject to a design review application.
(4) A development review application for a Type II EHU shall include the signatures of all owners of the property (i.e., both sides of a duplex) or there shall be a letter accompanying the application from all owners agreeing to the addition of an EHU. Applications will not be accepted unless this provision is met.
(5) Any existing legal nonconforming dwelling unit in the town may be converted to an EHU administratively by the town without obtaining a conditional use permit. Dwelling units and lock off units which exist as of the date hereof but which are nonconforming with respect to density and GRFA may be converted to a conforming EHU administratively by the town, as long as they otherwise comply with the development standards and parking requirements found herein and comply with the town’s Building Code requirements. Upon being converted to an EHU per this section, such dwelling unit shall be considered a legally conforming EHU and shall be governed by all requirements of this chapter.
(D) Enforcement. All EHUs governed by this chapter shall be operated and maintained in accordance with this title. Failure to do so may result in enforcement proceedings in a court of competent jurisdiction and in accordance with Chapter 3 of this title.
(E) Written management plan for Type VI EHUs. For the purposes of this title, a Type VI EHU is an EHU which shall be governed by a written management plan or other written program approved by the Planning and Environmental Commission. The management plan is the principal document in guiding the use of a Type VI EHU. The management plan shall be reviewed and approved by the Planning and Environmental Commission as part of the conditional use permit application for a Type VI EHU in accordance with Chapter 16 of this title.
(1) Management plan contents.
(a) Parameters. The management plan shall include all relevant material and information necessary to establish the parameters of the Type VI EHUs.
(b) Exclusive use. The management plan shall demonstrate that the Type VI EHUs are exclusively used for and remain available for employee housing.
(c) Notice of record. The management plan shall provide a mechanism to provide adequate notice of record to prospective owners to ensure that the requirements of the plan shall be met with any future changes in ownership.
(d) Occupancy. The management plan shall include adequate provisions to ensure that the EHUs shall be occupied, and shall not remain vacant for a period to exceed three consecutive months.
(e) Affidavit. No later than February 1 of each year, the owner of a Type VI EHU shall submit to the Department of Community Development one copy of a sworn affidavit on a form from the Department of Community Development, to establish that the EHU has been used in compliance with the management plan.
(f) Other items. The management plan shall include such other items as the Planning and Environmental Commission or the Administrator deems necessary.
(2) Amendments. Amendments to an approved management plan shall be reviewed by the Planning and Environmental Commission in accordance with this section.
(3) Findings. In addition to the findings in § 12-16-6(B) of this title, the Planning and Environmental Commission shall make the following findings before approving a management plan:
(a) That the management plan is in accordance with the intent and purposes of this chapter and Chapter 6, Article I of this title;
(b) That the management plan effectively provides employee housing; and
(c) That the management plan effectively provides for adequate notice to prospective owners of the requirements of the management plan and the occupancy requirements for a Type VI EHU.
(Ord. 9(2007) § 1)