HomeMy WebLinkAboutORDINANCE 16-21ORDINANCE NO.16-21
AN ORDINANCE AMENDING SECTION 5.20.110 OF THE ESTES PARK
MUNICIPAL CODE ON ADDITIONAL PROVISIONS FOR VACATION HOMES AND
BED AND BREAKFAST INNS
WHEREAS,the Board of Trustees of the Town of Estes Park,Colorado has
determined that it is in the best interest of the Town to amend certain sections of the Estes
Park Municipal Code.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO AS FOLLOWS:
Section 1:In this ordinance,ellipses indicate material not reproduced as the Board
intends to leave that material in effect as it now reads.
Section 2:Section 5.20.110 of the Estes Park Municipal Code is hereby amended,
by adding underlined material and deleting stricken material,to read as follows:
5.20.110 -Additional provisions for vacation homes and bed and breakfast inns.
(a)Business license application requirements.
(4)Registration completion deadline.The Town Clerk issues registration packets
upon finding that the application is complete and,if the property is in a residential
zone,that the property is eligible to proceed from any waitlist to licensure,based
on the cap described in subsection (b),below.Registration packets must be
completed and submitted within ninety (90)days from issuance of the packet from
the Town Clerk.Registration packets not submitted and complete,as determined
by the Town Clerk,within those ninety (90)days shall be void,as shall be the
application itself and the property owner must reapply.A new application may be
made if this Section allows.Such reapplications for vacation homes in residential
zoning districts shall be placed on the waitlist described in subsection (b)below if
the cap has been reached.
(8)Life safety inspection.
c.Lapse.Failure to meet any of these deadlines shall automatically cause
the application to lapse,and be void any reapplication would be subject to the
waitlist if applicable.A new application may be made if this Section allows.
(b)Residential zone vacation home cap.
(1)Vacation home licenses in residential zoning districts (designated for the
purposes of this Section as zoning districts E,E-I,R,R-l,R-2,RE,RE-I,and
RM)shall be held at a maximum total (“cap”)of 322 licenses in effect at any
given time.This cap shall be reviewed annually by the Town Board,in or near
the month of April.Applications received at any time such that their approval
would cause the cap to be exceeded shall be held and kept on file in the order
they are received and deemed complete by the Town Clerk’s Office.
Applications held on such list (the “waitlist”)shall be issued during the calendar
year as licenses may become available.However,notwithstanding the
foregoing,only applications received and deemed complete by the Town
Clerk’s Office by October 12,2021 shall be included in the waitlist and be
eligible for a license.The Town Board intends to establish further provisions
regarding applications for licenses for vacation homes in residential zoning
districts received or deemed complete after that date.Until provisions to the
contrary are established,no application for a license for a vacation home in a
residential zoning district that was received by the Town Clerk’s Office after
October 12,2021 shall be valid.Such applications shall be of no force or effect.
(c)Renewal.
(1)Business licenses for vacation homes in residential zoning districts that are
deemed active as of December 31 in any given year shall have priority for
renewal in the following calendar year over any new applications for business
licenses for vacation homes in residential zoning districts,provided a renewal
for said active registration is received and deemed complete and proper,all
required inspections passed,and fees paid by January 31 of the renewal
calendar year.Priority for renewal shall not otherwise be afforded,and shall not
be afforded where an uncured violation of Town regulations for the vacation
home is ongoing in the determination of the Town Clerk.When priority for
renewal is not afforded,an application for renewal of a license for a vacation
home in a residential zoning district shall be void,the term of the license shall
expire of its own accord,and the license shall be considered automatically to
have expired and terminated without any further action necessary by the
Townsubject to any applicable waitliot.
(f)Enforcement.
(6)Suspension and revocation.
c.If a business license is suspended as described in subparagraph (6)b.,
then,upon the receipt and verification of any further violation of this Section either
during the period of suspension or within two (2)years after reinstatement,the
Town Clerk may issue a notice of revocation of the business license by giving
written notice,by ordinary U.S.mail,to the owner or representative of the
revocation of the license.The notice of revocation is appealable as described in
paragraph (f)(7),below.If the notice is not appealed within the time afforded,or if
the notice is upheld on appeal,the license shall thereby be revoked.Upon
revocation of the license,the owner’s right and privilege to conduct the business,
profession,occupation or accommodation within the Town is terminated.No
person may apply for a license for a vacation home or a bed and breakfast inn on
the property subject to the revocation for a period of two (2)years from the date
the revocation is made final.After such time,a new application may be made if this
Section allows.The Town Clerk shall record the revocation with the county clerk
and recorder.
Section 3:This Ordinance shall take effect and be enforced thirty (30)days after
its adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this Gday of OccQ ,2021.
By:
ATTEST:
Clerk
TOWN OF ESTES PARK,COLORADO
I hereby certify that the above Ordinance was introduced at a regular meeting of the
Board of Trustees on the 7c,-”day of Oc2-,2021 and published in a
newspaper of general circulation in the Town of Estes Park,Colorado,on the ‘21 day
of c-F,2021,all as required by the Statutes of the State of Colorado.
tTo5Clerk
APPROVED AS TO FORM:
Town Attorney