7-3-22: ACCESSORY DWELLING UNITS:
   A.   Definition: An attached or detached dwelling unit that is subordinate to the primary unit. The minimum size of such a unit shall be three hundred (300) square feet not to exceed fifty percent (50%) of the total square footage of the primary unit. All accessory dwelling units shall include a kitchen (to include, but not be limited to, a sink, a refrigerator, and a range) and a full bathroom (to include, but not be limited to, a sink, a toilet, and a shower or bathtub). The accessory dwelling unit shall be provided with a separate entrance from the primary unit. Both the accessory dwelling unit and the primary unit must comply with all applicable building and zoning requirements, including, but not limited to, parking requirements, design requirements, and occupancy limits. Accessory dwelling units shall be excluded when calculating density. An accessory dwelling unit shall not be subdivided and/or subsequently sold as fee simple ownership. It shall remain as part of the property where the primary unit is located. Additional water and sanitation fees may apply to the construction of an accessory dwelling unit.
   B.   Where Permitted: Accessory dwelling units are only allowed as a permitted use with a detached single-family dwelling unit. Accessory dwelling units are not allowed with duplex dwellings or multi-family dwellings. Only one accessory dwelling unit shall be permitted on each parcel. The town may allow exceptions to this subsection for on site employee dwelling units.
   C.   Use Of Primary And Accessory Dwelling Units:
      1.   Either the accessory dwelling unit or the primary unit shall be restricted to long term tenancy by persons who meet the following criteria:
         a.   The unit must be the primary residence of the tenant(s).
         b.   The tenant(s) must work a minimum of thirty two (32) hours per week or one thousand (1,000) hours per year at a job in Grand County.
      2.   The town may allow exceptions to the residency requirements in a unit designated as a caretaker unit, for units designated as on site employee dwelling units, for persons with disabilities, or for persons who have reached retirement age.
      3.   Long term tenancy shall mean rental for a term of at least six (6) months for an initial lease; carryover leases may be month to month.
      4.   Any property containing an accessory dwelling unit not properly leased or inhabited in accordance with these requirements shall be deemed a violation of the accessory dwelling unit approval and a breach of the covenant restricting the unit. The town shall have the ability to pursue any and all remedies necessary to enforce the requirements of this section including revocation of the accessory dwelling unit approval, and the town shall be entitled to recover all costs, including reasonable attorney fees, incurred in enforcing the same.
      5.   Any accessory dwelling unit that is rented for at least six (6) months of each calendar year to a tenant that meets the requirements of subsection C1 of this section shall be allowed to lease the unit under short term leases for up to six (6) months of said calendar year.
   D.   Recordation Of Covenant: All permits issued for an accessory dwelling unit shall include the requirement that the property owner record a covenant restricting the use and occupancy of the property in accordance with the requirements of this section. The covenant shall be drafted by the town of Winter Park and shall grant enforcement power to the town of Winter Park or its designee.
   E.   Financial Incentive: Construction of an accessory dwelling unit pursuant to the requirements of this section may qualify the property owner for the affordable housing fee waiver as provided for in section 6-5-2 of this code and/or the affordable housing incentive as provided for in section 6-5-3 of this code. (Ord. 498, Series of 2016)