HomeMy WebLinkAboutORDINANCE 10-16ORDINANCE NO. 10-16
AN ORDINANCE AMENDING THE
ESTES VALLEY DEVELOPMENT CODE
VACATION HOME RENTAL REGULATIONS
WHEREAS, the Estes Valley Planning Commission has recommended an amendment to the
Estes Valley Development Code, Section 4.4.C.4 “Table 4-5: Density and Dimensional Standards in
Nonresidential Zoning Districts”; Section 5.1.B “Bed and Breakfast Inn and Vacation Home”; Section
5.2.C.b “Table 5-2 Accessory Uses Permitted in the Nonresidential Zoning Districts”; Section 12.7
“Enforcement Procedures”; and
WHEREAS, said amendments to the Estes Valley Development Code are set forth on Exhibit
“A” attached hereto and incorporated herein by this reference; and
WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the
best interest of the Town that the amendments to the Estes Valley Development Code, as set forth
in Exhibit “A” and recommended for approval by the Estes Valley Planning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF ESTES PARK, COLORADO:
Section 1: The Estes Valley Development Code shall be amended as more fully set forth
on Exhibit “A”.
Section 2: 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 30th DAY OF MARCH, 2016.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
NOTE: Ordinance #10-16 was passed by the Town Board of Trustees on March 30, 2016,
however, the Ordinance did not contain the same language as was adopted by the Larimer
County Board of Commissioners, therefore, the Ordinance did not go into effect.
Jackie Williamson, Town Clerk
Ordinance 10-16
Exhibit A
§5.1 SPECIFIC USE STANDARDS
B. Bed and Breakfast Inn and Vacation Home. (Ord. 02-10 §1)
1. General Applicable Standards. All bed and breakfast inns and vacation homes shall be
subject to the following (see §5.1.B.2 and §5.1.B.3 for additional regulations):
a. Annual Operating Permit.
(1) Permit Required. All bed and breakfast inns and vacation homes shall obtain
an operating permit on an annual basis. If the property is located within Town
limits, the business license shall be considered the permit. If the property is within
the unincorporated Estes Valley, a permit shall be obtained from the Town of
Estes Park Town Clerk's Office.
(2) Local Contact. The permit shall designate a local resident or property manager of
the Estes Valley who can be contacted by phone and is available twenty-four (24)
hours per day, with regard to any violation of the provisions of this Section. The
local resident or property manager shall respond to complaints on site within thirty
(30) minutes. The person set forth on the application shall be the representative of
the owner for all purposes with regard to the operation of the bed and breakfast inn
or vacation home.
(3) State Sales Tax License. A condition of issuance of the annual operating permit
shall be proof of a current sales tax license.
(4) Violations. The relevant Decision-Making Bodies may deny or withhold the renewal
of an Annual Operating Permit until an alleged violation related to such property,
use or development is corrected, in accordance with §12.4.A.1. The relevant
Decision-Making Bodies may revoke the Annual Operating Permit for twelve (12)
months, at any time in accordance with §12.4.A.2. Appeals to this section shall be
made to the Estes Valley Planning Commission. Nothing described herein shall limit
the Town or County, within their respective jurisdictions, from exercising other
remedies and enforcement powers pursuant to Chapter 12 of this Code.
b. Estes Park Municipal Code. Properties located within the Town of Estes Park shall
comply with all the conditions and requirements set forth in the Town of Estes Park
Municipal Code, Chapter 5.20.
c. Residential Character. Bed and breakfast inns and vacation homes shall not be
designed or operated in a manner that is out of character with residential use of a
dwelling unit by one household. This includes, but is not limited to, the following:
(1) Except in the CD district, design shall be compatible, in terms of building scale,
mass and character, with low-intensity, low-scale residential use.
(2) Guest rooms shall be integrated within the bed and breakfast inn or vacation home.
(3) Kitchen facilities shall be limited to be consistent with single-family residential use.
No kitchen facilities or cooking shall be allowed in the guest rooms.
(4) No changes in the exterior appearance shall be allowed to accommodate each bed
and breakfast inn or vacation home, except that one (1) wall- mounted identification
sign no larger than four (4) square feet in area shall be permitted.
(5) Vehicular traffic and noise levels shall not be out of character with residential use.
(6) Quiet hours. Use of outdoor hot tubs or pools shall not be allowed before 9:00 a.m.
and after 10:00 p.m.
d. Postings.
(1) Bed and breakfast inns and vacation homes shall have a clearly legible notice posted
on-site, containing at a minimum the following:
(a) Property Line Boundaries;
(b) The physical address of the bed and breakfast inn or vacation home;
(c) Name and telephone number of the local contact and property owner;
(d) Maximum number of occupants and vehicles allowed;
(e) Safety information, such as water and gas shut off locations and fire extinguishers;
(f) Quiet hours;
(g) Exterior lighting standards; and
(h) Refuse disposal, wildlife protection standards, outdoor fire regulations and
domestic animal regulations.
(2) Property owner or local contact shall include in all print or online advertising the
license or permit number.
(3) Neighbor Notification. Prior to issuance of initial Annual Operating Permit, the owner
or local contact shall be responsible for mailing a written notice.
(a) Notice shall be mailed, with certificate of mailing or other method as approved by
staff, to the owners of properties within one hundred (100) feet of the subject
property.
(b) Notices shall provide a name and telephone number of the local contact and
property owner. Any change in the local contact or property owner shall be
furnished to the Community Development Director and owners of properties within
one hundred (100) feet of the subject property within two (2) weeks of the change.
(c) Mailing certificates shall be provided to the Community Development Director prior
to issuance of initial Annual Operating Permit.
(d) Vacation homes legally existing as of the effective date of this code shall be
required to send written notice pursuant to §5.1.B.1.D.3.
e. Parking.
(1) Minimum Required Parking. Except in the CD Downtown Commercial zoning district,
the number of parking spaces available to a dwelling unit housing a bed and
breakfast inn or a vacation home shall not be reduced to less than two (2).
f. Maximum Allowed Parking. Unless otherwise permitted by this Chapter parking shall comply
with §5.2.B.2.e. On-street parking shall be prohibited.
g. Employee Housing Units. Employee housing units shall not be rented, leased or furnished
for tenancies of less than thirty (30) days. (See §5.2.C.2.a).
h. Attainable Housing Units. Attainable housing units shall not be rented, leased or furnished
for tenancies of less than thirty (30) days. (See §11.4.E).
i. Accessory Dwelling Units. An accessory dwelling shall not be occupied by any individual
while the vacation home use is active. (See also
§5.2.B.2.a, which prohibits rental of accessory dwelling units regardless of the length of
tenancy).
j. CD District. In the CD Downtown Commercial zoning district, such use shall not be
located on the ground floor of a building fronting on Elkhorn Avenue.
k. Density. Only one (1) vacation home or bed and breakfast inn shall be permitted per
residential dwelling unit.
2. All bed and breakfast inns shall also be subject to the following:
a. Occupancy.
(1) Maximum Occupancy. No more than eight (8) guests shall occupy a bed and
breakfast inn at any one time. This maximum allowable occupancy shall be further
limited by a maximum of two (2) guests per bedroom plus two guests.
(2) Number of Parties, Bed and Breakfast Inns. Bed and breakfast inns may be rented,
leased or furnished to one (1) or more parties.
b. Home Occupations. Home occupations may be operated on the site of a bed and
breakfast inn. Bed and breakfast inns may also offer limited ancillary services to guests,
such as performing small weddings or offering classes/workshops to guests, provided
they are in character with residential use.
c. Meal Service. Bed and breakfast inns may provide meals service to registered
guests; however, meals shall not be provided to the general public.
3. All Vacation homes shall also be subject to the following:
a. Occupancy.
(1) Maximum Occupancy. No more than eight (8) individuals shall occupy a
vacation home at any one time. This maximum allowable occupancy shall be further
limited by a maximum of two (2) individuals per bedroom plus two (2) individuals.
(2) Number of Parties. Vacation homes shall be rented, leased or furnished to no
more than one (1) party, occupying the vacation home as a single group. Owners
of the vacation home shall not be permitted to occupy the vacation home while a
party is present.
b. Home Occupations. Home occupations shall not be operated on the site of a
vacation home, nor shall vacation homes offer ancillary services to guests. See
§5.2.B.2.d). (Ord. 02-10 §1)
Table 4-4: Permitted Uses: Nonresidential Zoning Districts.
Table 4-4
Permitted Uses: Nonresidential Zoning Districts
Use
Classification
Specific
Use
Nonresidential Zoning Districts
"P" = Permitted by Right
"S" = Permitted by Special Review
"—" = Prohibited
Additional
Regulations
(Apply in All Districts
Unless Otherwise
Stated) A A-1 CD CO O CH I-1
Low-Intensity
Accommodations
Vacation
Home P P P — — — — §5.1.B. In CD, such
use shall not be
located on the ground
floor of a building
fronting on Elkhorn
Avenue. (Ord. 02-10
§1)
§ 5.2 ACCESSORY USES (INCLUDING HOME OCCUPATIONS) AND ACCESSORY
STRUCTURES
Table 5-2
Accessory Uses Permitted in the Nonresidential Zoning Districts
Accessory Use
Residential Zoning District
"Yes" = Permitted "No" = Not Permitted
"CUP" = Conditional Use Permit Additional
Requirements A A-1 CD CO O CH I-1
Vacation Home
No Yes Yes No No No No §5.1.B
In CD, such use
shall not be located
on the ground floor
of a building
fronting on Elkhorn
Avenue.
(Ord. 02-10 § 1)
(Ord. 18-01 §18; Ord. 15-03 §1; Ord 6-06 §1; Ord. 03-10 §1; Ord. 05-10 §1; Ord. 21-10 §1; Ord. 19-
11 §1
§ 12.7 - ENFORCEMENT PROCEDURES
A. Nonemergency Matters. In the case of a violation of this Code that does not constitute an
emergency or require immediate attention, written notice of the nature of the violation shall be
given to the property owner, agent, occupant, local contact or the Applicant for any relevant
permit. Notice shall be given in person, or by certified U.S. Mail, or by posting notice on the
premises. The notice shall specify the Code provisions allegedly in violation, and—unless a
shorter time frame is allowed by this Chapter—may state that the individual has a period of
fifteen (15) days from the date of the receipt of the notice in which to correct the alleged
violations before further enforcement action shall be taken. The notice shall also state any
appeal and/or variance procedures available pursuant to this Code.
The Board of Trustees or Board of County Commissioners, as applicable, may grant an
extension of the time to cure an alleged violation, up to a total of ninety (90) days, if the Board
finds that due to the nature of the alleged violation, it reasonably appears that it cannot be
corrected within fifteen (15) days. (Ord 2-02 #3)
§ 13.3 - DEFINITIONS OF WORDS, TERMS AND PHRASES
117. Guest, transient shall mean a person who occupies or has the right to occupy a residence or
dwelling accommodation for a period of 30 days or less.
127.5 Individual shall mean