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HomeMy WebLinkAboutORDINANCE 04-040 0 ORDINANCE NO.4-04 AN ORDINANCE AMENDING CHAPTER 5.20 BUSINESS LICENSE AND REPEALING CHAPTER 5.35 SHORT TERM RENTALS TO THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK,COLORADO WHEREAS,it is necessary for Chapter 5.20 of the Municipal Code to be amended with regard to licensing of accommodation units and vacation homes;and WHEREAS,it is necessary to repeal Chapter 6.35 Short Term Rentals from the Municipal Code and include a significant portion of said repealed section within a new Section 5.20.120 of the Municipal Code,and; WHEREAS,it is necessary to adopt certain terms and restrictions on the use, occupation and renting of vacation homes within the Town in order to maintain the residential character of neighborhoods within the Town,and; WHEREAS,the Board of Trustees of the Town of Estes Park,Colorado,has determined it is in the best interest of the Town to amend the Municipal Code of the Town of Estes Park,Colorado by the adoption of this Ordinance. NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1:Sections 5.20.010,5,20.020 Subsections (1),(2),(2.1)&(2.2),5.20.030 Subsections (2)&(5),5.20.040,5.20.060,5.20.070,5.20.080 and 5.20.100 shall be amended to read as follows: Section 5.20.010 Business License Fee (1)There is imposed a business license fee on the privilege of carrying on or engaging in any business,profession or occupation within the Town,which business, profession or occupation consists of the selling of goods,wares,merchandise or service;the performing or rendering of service,for charge,the leasing,renting or furnishing of accommodation units;and the carrying on or engaging in any nonresident business or community special event.Each business,profession or occupation conducted at a separate physical location,regardless of ownership,shall pay a business license fee. (2)Each individual accommodation unit,which is separately owned,including,but not limited to,a condominium unit,shall pay a business license fee for the individual unit as provided in Section 5.20.An entity or company managing one or more accommodation units,including but not limited to,condominium units,shall also pay a 0 0 business license fee for the management business separate from the business license fee paid by the owner of the individual accommodation unit. Section 5.20.020 Definitions -Subsections (1),(2),(2.1)&(2.2) In this Chapter,the following words and phrases shall have the following meanings: (1)Accommodation means the leasing,renting or furnishing of any room,mobile home site,recreational vehicle site,camp site or other area in any hotel,motel,guest house,bed and breakfast,apartment,dormitory,mobile home park,recreational vehicle park or campground,any single-family dwelling,duplex,multiple family dwelling,condominium unit,vacation home or any such similar place to any person who,for a consideration,uses,possesses or has the right to use or possess such dwelling,room,single-family dwelling,duplex unit,multiple-family unit,condominium unit,vacation home,site or other accommodation for a total continuous duration of less than thirty (30)days. (2)Accommodation unit means each individual room,set of rooms,site,single- family dwelling,duplex unit,multiple-family unit,condominium unit,vacation home or divided area rented,leased or occupied on a unit basis in an accommodation. (2.1)Vacation home shall mean a residential dwelling unit,as defined in the Estes Valley Development Code,that is located within a residential zoning district and is rented,leased or occupied on a unit basis as an.accommodation. (2.2)Accommodation Site shall mean a site consisting of one or more accommodation units,including,but not limited to condominium units,which are located on one individual parcel of real property and under management control for rental purposes of an agent,entity or agency. Section 5.20.030 Amount of License Fee -Subsections (2)&(5) (2)Accommodations license:five (5)units or less,one hundred fifty dollars ($150.00)per year;six (6)to twenty (20)units,two hundred sixty dollars ($260.00)per year;twenty-one (21)units or more,three hundred seventy-five dollars ($375.00)per year.Each individual accommodation site shall pay a business license fee based upon the number of units on the individual accommodation site. (5)Individual accommodation unit.Any individual accommodation unit including, but not limited to a condominium unit,which is not part of an accommodation site,shall pay a business license fee of one hundred fifty dollars ($150.00)per year. Section 5.20.040 Business License Required Every person who is the owner of any business,profession,occupation or accommodation unit including owners of multiple businesses at separate physical 2 0 0 locations,which is subject to the business license fee set forth in this Chapter,shall obtain a business license from the Town prior to engaging in any business,profession, occupation or accommodation within the Town. Section 5.20.060 Payment of License Fee The owner of each business,profession,occupation or accommodation unit subject to the provisions of this Chapter shall pay the business license fee for each calendar year in which the owner engages in any business,profession,occupation or accommodation within the Town as follows: (1)One-half (1/2)the business license fee may be paid at any time,provided that full payment is required on or before June 30 of each calendar year. (2)Any new business,profession,occupation or accommodation which begins its business on or after January 1 and on or before June 30 shall pay the full amount of the business license fee.Any new business,profession,occupation or accommodation which begins its business on or after July 1 and on or before September 30 shall pay one-half (1)2)of the business license fee.Any new business,profession,occupation or accommodation which begins its business on or after October 1 and on or before December 31 shall pay one-fourth (1/4)of the business license fee.All business license fees subject to this Subsection (2)shall be due and payable upon submittal of an application to the Town Clerk’s office. (3)In the event any existing business license is not renewed in the subsequent calendar year on or before July 1,the business license shall be deemed to have lapsed. A new business license fee in full must be paid by the owner.There shall be no proration of this business license fee. Section 5.20.070 Violation It shall be a violation of this Chapter for an owner of a business,profession,occupation or accommodation or any person subject to the business license fee imposed herein to fail or refuse to make payment to the Town of the fee or in any other manner to evade the collection and payment of the fee imposed by this Chapter Section 5.20.080 Revocation of License The Town,after giving written notice to the owner of any business,profession, occupation or accommodation who has failed to pay the fee in accordance with Section 5.20.060 may revoke the license of the owner.Upon revocation of the license,the owner’s right and privilege to conduct the business,profession,occupation or accommodation within the Town is terminated. 3 0 0 Section 5.20.100 Inspections The Town shall be entitled at any time,upon reasonable notice to the owner of any business,profession,occupation or accommodation,to inspect the premises occupied by the business,profession,occupation or accommodation for the purpose of ascertaining compliance with the terms and conditions of this Chapter.In the event that such inspection reveals that the business license fee charged to the business, profession,occupation or accommodation is in fact erroneous,an adjustment shall be made by the Town of the license fee. Section 2:Section 5.20.090 Reinstatement of License shall be deleted in its entirety. Section 3:The Municipal Code shall be amended by the addition of Section 5.20.120 Vacation Homes in Residential Zoning Districts to read as follows: Section 5.20.120 Vacation Homes in Residential Zoning Districts This Section shall apply to the leasing,renting,and occupation of any vacation home existing in the following zoning districts of the Town:RE-i,RE,E-1,E,R,R-i,R-2 and R-M. (a)Purpose. The purpose of this section is to permit the leasing,renting and occupation of vacation homes in residential zoning districts while maintaining the residential character of those districts. (b)Restrictions on Rentals. The leasing,renting,or occupation of all vacation homes subject to this Section shall be restricted as follows: (1)Vacation homes shaH not be operated in manner that is out of character with residential uses.This includes vehicular traffic and noise levels that are out of character with residential uses.Vacation homes shall be designed to be compatible,in terms of building scale,mass and character,with a predominantly low-intensity and low-scale residential setting.Guest rooms shall be integrated within the vacation home.Kitchen facilities shall be limited to be consistent with single family residential use. (2)A vacation home shall be rented,leased or furnished to no more than one party with a maximum of eight (B)individual guests.The total maximum occupancy of eight individuals shall be further limited by a maximum of two guests per bedroom plus two individuals.In the event the vacation home is managed by a full-time on-site manager,the vacation home may be rented, 4 C C leased or furnished to more than one party subject to the limitations of two guests per bedroom plus two individuals with a maximum of eight guests. (3)No changes in the exterior appearance to accommodate each vacation home shall be allowed,except that one (1)wall-mounted identification sign no larger than four (4)square feet in area shall be permitted. (4)Only one vacation home shall be permitted per lot in single family residential districts. (5)No recreational vehicle,as the same is defined in Chapter 13 of the Estes Valley Development Code,tent,temporary shelter,canopy,teepee,or yurt shall be used by any individual for living or sleeping purposes. (6)Each vacation home is permitted a maximum of three guest vehicles on site and parked outside at any one time.On street parking shall be prohibited. (7)Vacation homes shall be subject to commercial utility rates for the entire calendar year of the current license,and sales tax collection and remittance. It is the owner’s responsibility to notify the Town’s Utility Billing Department when the residence is no longer being used as a vacation home after the license expires. (8)The application for a business license for any vacation home shall designate a local resident or property manager of the Estes Valley who can be contacted by the Town with regard to any violation of the provisions of this Section.The person set forth on the application shall be the agent of the owner for all purposes with regard to the issuance of the business license,the operation of the vacation home and revocation of the business license pursuant to the terms and conditions of this Section. (9)Any vacation home in operation on or before November 1,2004 and whose owner obtained a business license from the Town for 2004 shall be entitled to operate the vacation home to the extent of its operation on the effective date of this Ordinance including,but not limited to,the number of guest individuals allowed to occupy the vacation home at any one time,the number of guest vehicles allowed to be parked on-site,and any permitted signage identifying the operation of the vacation home.In the event the operation of the vacation home grandfathered by this Section is abandoned for a period of one (1)year or the owner does not maintain a business license for the vacation home in any subsequent calendar year,the vacation home shall then be subject to all of the terms and conditions of this Section including,but not limited to,the number of guest individuals occupying the premise,the number of vehicles allowed to be parked outside on-site,and the signage identifying the operation of the vacation home. 5 0 0 (c)Violation. It is a violation of this Section for any owner,agent,guest,and/or occupant of a vacation home to be convicted,including a plea of no contest,of a violation of Section 9.08.010 (Disturbing the Peace)of this Code;to fail to collect and remit all required sales tax to the State due and owing for the leasing,rental or occupation of a vacation home;to violate any provisions of this Section;and/or to fail to acquire and pay for a business license.For the purpose of this Section,only violations of Section 9.08.010 of this Code which occur on the premises of the vacation home and while a vacation home is being occupied as a vacation home shall be a violation of this Section. (d)Revocation of license. The Town may revoke the business license of any vacation home for violation of the provisions of this Section as follows: (1)The Town Clerk upon the receipt and verification of any violation of this Section shall give written notice to the owner or agent that a violation has occurred. (2)Upon the receipt and verification of any subsequent violation of the terms and conditions of this Section,within two (2)years of the date of the written warning set forth in Subsection (1)above,the Town Clerk shall revoke the business license by giving written notice to the owner or agent of the revocation of the license.Said revocation shall be fore one (1)year from the date of the notice. (3)Upon the receipt and verification of any subsequent violation of the terms and conditions of this Section within two (2)years after reinstatement,the Town Clerk shall revoke the business license by giving written notice to the owner or agent of the revocation of the business license.Said revocation shall be for tow (2)years from the date of the notice. Upon revocation of the business license,the owner’s right to operate a-vacation home on the property shall terminate. (e)Appeal. Any owner or agent who wishes to contest the written warning or the revocation of a business license shall be entitle to request a hearing before the Town Clerk by written notice delivered in person or by certified mail,return receipt requested,to the Town Clerk within fifteen (15)days of the date of the warning or revocation.The Town Clerk shall hold a hearing on the appeal and determine whether or not a violation of the provisions of this Section has occurred.The owner shall be entitled to present any evidence of compliance with the terms and conditions of this Section at said hearing. The decision of the Town Clerk as to whether or not the violation occurred shall be final and not subject to further appeal 6 C C Section 4:Chapter 5.35 Short Term Rentals shall be repealed in its entirety. Section 5:This Ordinance shall take effect and be in force thirty (30)days after its adoption and publication PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO,THIS 2.3,tA DAY OF _______________ 2004. ATTEST: Town Clerk I hereby certify that the above ordinance w s introduced and read at a meeting of the Board of Trustees on the %3 Al day of ______________________, 2004,and published in a newspap of general p blication in the Town of Estes Park,Colorado on the 3a.tt day of ______________ 2004. .lwII IIIuuJq1 ESTp’o,, 1 •4* —V&\Sj AL”()%;;;4 ‘c;; “11,11 I c Town Clerk TOWN OF ESTES PARK yor 7