HomeMy WebLinkAboutORDINANCE 29-160 0
ORDINANCE NO.29-16
AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE
REGARDING VACATION HOMES
WHEREAS,on November 29,2016,the Estes Valley Planning Commission
conducted a public hearing on the proposed text amendment to the Estes Valley
Development Code,Section 5.1.8 (Vacation Homes)and related sections,and found that
the text amendment complies with Estes Valley Development Code §3.3.D Code
Amendments,Standards for Review and
WHEREAS,on November 29,2016,the Estes Valley Planning Commission voted
to recommended approval of the text amendment;and
WHEREAS,the Board of Trustees of the Town of Estes Park finds the text
amendment complies with Estes Valley Development Code §3.3.D Code Amendments,
Standards for Review and determined that it is in the best interest of the Town that the
amendments to the Estes Valley Development Code,Section 5.1 .B (Vacation Homes)
and related sections,as set forth on Exhibit “A”;be approved;and
WHEREAS,said amendments to the Estes Valley Development Code are set forth
on Exhibit “A”attached hereto and incorporated herein by this reference:
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:Immediate passage of this Ordinance is necessary for the preservation
of health,safety and welfare of the citizens of the Town in order to provide for appropriate
registration to begin December 16,2016,and therefore the Ordinance shall take effect
and be in force immediately after its passage,adoption,and signature of the Mayor.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO,THIS I
5 DAY OF bcct?3e
2016.
ATTEST:rk
PARK,COLORADO
Mayor
0 0
I hereby certify that the above Ordinance was introduced and read at a regular meeting of the
Board of Trustees on the i day of ‘bEeLsa?Ge ,2016 and published in a
newspaper of general circulation in the Town of Estes Park,Colorado,on the 50”day of
DEepMc?-,2016,all as required by the Statutes of the State of Colorado.
-Z...m’
Tot)clerk
0 0
EXHIBIT A
Estes Valley Development Code
Draft Text Amendment:Sec.5.1.B (Vacation Home)&related sections
§5.1 SPECIFIC USE STANDARDS
B.Vacation Home.
1.All vacation homes shall be subject to the following:
a.Annual Operating Registration.
(1)All vacation homes shall obtain an operating registration on an annual basis,
which shall be effective on and following the date of issuance for all of the
remaining calendar year in which it is issued,unless suspended or revoked
for cause.
(2)If the property is located within Town limits,the business license shall be
considered the operating registration.If the property is within the
unincorporated Estes Valley,an operating registration shall be obtained from
the Town of Estes Park Town Clerk’s Office.
(3)Beginning January 1,2017,the annual period for operating registration shall
begin January 1 of each year and end on March 31 of each year.Issuance
of an operating registration between April 1 and December 31 in any given
calendar year shall take place on a schedule determined by the Town
Clerk’s office and such schedule shall be at the sole discretion of the Town.
(4)Pro-ration and partial reduction in any required registration fees for an
operating registration issued after January 1 in any given year shall not be
authorized.
(5)No more than one (1)operating registration shall be issued and effective in
any given calendar year for any given vacation home.An active registration
for a specific vacation home shall be transferable to a different owner in
accordance with procedures in this Code and as established by the Town
Clerk’s Office.
(6)Effective December 16,2016,vacation home operating registrations in
residential zoning districts (designated herein as zoning districts E,E-1,A,
H-i,R-2,RE,RE-i,and AM)shall be held at a maximum total
(“cap”)of 588 registrations in effect at any given time.This cap shall be
reviewed annually by the Planning Commission and governing Boards,in or
near the month of April beginning in or near April 2017.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.Registrations held on such list
shall be issued during the calendar year as operating registrations may
become available.
0 0
(7)Vacation homes in non-residential zoning districts (designated as all zoning
districts except those enumerated in the preceding subsection)shall not be
included in or subject to this cap.
(8)Beginning December 16,2016,every vacation home for which an operating
application is made shall require that the vacation home undergo and pass
an initial inspection in accordance with this Code prior to issuance of the
operating registration.
(9)Beginning December 16,2016,no operating registration for a vacation home
shall be issued unless the vacation home structure has a valid Certification
of Occupancy issued by the appropriate authority.
(10)Issuance of an operating registration for a vacation home shall not constitute
a
zoning entitlement for a property’s use as a vacation home,nor shall
absence of an operating registration for a vacation home constitute removal
or
abrogation of a property’s zoning permissibility for use as a vacation home.
However,both appropriate zoning permission and compliance and a valid
current operating registration are necessary elements in order for operation
as a vacation home to occur.
(11)Operating registrations 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 operating registration applications,provided a re-application for
said active registration by the same owner is received and deemed
complete,all required inspections passed,and fees paid by March 31 of the
renewal calendar year.
(12)Local Representative.The registration shall designate a local resident or
local property manager in the Estes Valley who can be contacted by
telephone and is available when the vacation home is rented,with regard to
any violation of the provisions of this Section.The person set forth on the
application shall be the representative of the owner for immediate violation
resolution purposes with regard to the operation of the vacation home.The
local representative may be the same person as the property owner.An
annual operating registration shall not be valid unless the property owner,
and the designated local representative (if different),sign the operating
registration application acknowledging all vacation home regulations.If the
local representative changes during the calendar year,it shall be the
responsibility of the property owner to notify the Town Clerk within fifteen
(15)days of change,and to insure the new local representative is
knowledgeable of all vacation home regulations.If the property owner
changes during the calendar year,it shall be the responsibility of the new
property owner of record to transfer the operating registration into his/her
name and to ensure all other regulations in this Section are in compliance.
(13)State Sales Tax License.A condition of issuance of the annual operating
registration shall be proof of a current sales tax license,provided by the
applicant.
Estes valley Development code Page 1 of S
Vacation Homes —Exhibit A —ver.E
Dec.15,2016 Joint TBt-BOCC Meeting
0 0
(14)Violations.The relevant Decision-Making Entity may deny or withhold the
renewal of an annual operating registration until a violation related to such
property,use or development is corrected,in accordance with §12.4.A.1.
The relevant Decision-Making Entity may revoke or suspend the annual
operating registration at any time in accordance with §12.4.A.2.Operating
the vacation home during any such period of suspension or revocation shall
be a violation of this Code.Appeals to this section shall be made in
accordance with the appeals process in the Estes Valley Development
Code.
(15)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 or other penalties and
enforcement powers as may be available at law.
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 (Business Licenses).
c.Residential Character in Residential Zoning Districts.Vacation homes in
residential zoning districts as designated in this Section 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)Design shall be compatible,in terms of building scale,mass and character,
with low-intensity,low-scale residential use.
(2)For purposes of §5.1.B of this Code,“bedroom”and “sleeping room”are
deemed equivalent terms to each other,and equivalent to a sleeping space
pursuant to the currently adopted and applicable International Building
Codes.Kitchen facilities shall be limited to be consistent with single-family
residential use.No kitchen facilities or cooking shall be allowed in guest
rooms,sleeping rooms or bedrooms.
d.Postings.
(1)Vacation homes in all zoning districts shall have a clearly legible notice
posted on-site.The posted notice shall be provided by the Town Clerk’s
Office at the time the operating-registration is initially applied for,shall be
posted in a prominent location inside the vacation home prior to or during
the initial inspection,and shall remain posted in the same location for the
duration of its use as a vacation home.The posted notice shall include
standard contents as determined and approved by the Community
Development Department.
(2)Property Line Boundaries:The property owner or local representative shall
inform all occupants of property boundaries.
(3)Property owner or local representative shall include in all print or online
advertising the operating registration number in the first line of the property
description.
(4)Advertising shall accurately represent the allowed use of the property,
including the maximum number of allowed occupants.
Estes valley Development code Page 2 of 8
vacation Homes —Exhibit A —ver.E
Dec.15,2016 Joint TB+BOCC Meeting
0 0
(5)Neighbor Notification.Prior to issuance of the initial annual operating
registration,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 boundary of the subject property.
(b)Notices shall provide a name and telephone number of the local
representative and property owner.Any change in the local
representative or property owner shall require that the name and
telephone number of the new representative or owner 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.Mailed notice of such changes shall follow the same
procedure as the initial notification as specified herein.
(c)Copies of mailing certificates shall be provided to the Community
Development Director upon issuance of initial annual operating
registration.
e.Parking.Minimum Required Parking.Except in the CD Downtown Commercial
zoning district,the number of off-street parking spaces available to a vacation
home shall not be less than two (2).
f.Employee Housing Units.Employee housing units as designated in §5.2.C.2 shall
not be designated as vacation homes as defined and regulated herein.
g.Attainable Housing Units.Attainable housing units as designated in §11.4 shall
not be designated as vacation homes as defined and regulated herein.
h.Accessory Dwelling Units.Vacation homes shall not be allowed on residential lots of
record containing an accessory dwelling unit as defined and regulated herein.
Density.Only one (1)vacation home shall be allowed per residential dwelling unit.
One (1)or more vacation homes may be allowed on an individual lot of record,
subject to all regulations in this Code and other regulations as may be applicable.
2.All vacation homes shall also be subject to the following:
a.Maximum Occupancy in Residential Zoning Districts:8-and-Under occupants.
Except for 9-and-over vacation homes that may be approved and registered under
the provisions of this Code via LV application,the maximum allowable occupancy
for an individual vacation home shall be eight (8)occupants.Occupancy shall be
further limited to a maximum of two (2)individuals per sleeping room plus two (2)
individuals per vacation home.
b.Maximum Occupancy in Residential Zoning Districts:9-and-Over occupants.A
residential structure with four (4)or more sleeping rooms may apply for Large
Vacation Home Review approval as a “9-andover vacation home”,in accordance
with the regulations in §5.1 .B.3.The maximum occupancy in a 9-and-over
vacation home shall be as specified in the Large Vacation Home Review terms of
approval;provided that occupancy shall be limited to a maximum of two (2)
individuals per sleeping room plus two (2)individuals per vacation home.
Estes valley Development code Page 3 of B
Vacation Homes —Exhibit A —Ver.E
Dec.15,2016 Joint TB+Bocc Meeting
o C
c.Maximum Occupancy in Non-Residential Zoning Districts.
Occupancy shall be limited to a maximum of two (2)individuals per sleeping room
plus two (2)individuals per vacation home.No overall maximum occupancy for a
vacation home in a non-residential zoning district shall be applicable,provided
that the vacation home is deemed to be in compliance with all Building,Fire,and
Health Codes and that a valid operating registration is issued.
d.For purposes of this Code section,occupancy shall not be counted differentially
on the basis of age or status.
e.Number of Parties,Vacation homes in residential zone districts as those districts
are defined herein 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 allowed to occupy the vacation home while a party is present.
All occupants must be registered by name.
f.Home Occupations.Home occupations shall not be operated on the site of a
vacation home,nor shall vacation homes offer ancillary services to guests.
g.Vacation homes shall be required to meet applicable Building,Health and Fire
codes.
h.Except as specifically provided for elsewhere in this Code,general development
standards (Chapter 7)as required by the underlying zoning district shall be
applicable.In residential zoning districts,development standards shall be those
for single-family detached dwellings in the zoning district.In non-residential zoning
districts,development standards shall be those for “hotel,small”in the zoning
district.
i.Vacation homes,whether new or existing structures,shall be subject to the
requirements of Sec.7.9 (Exterior Lighting)for new development.
j.Initial Time Frame for Compliance.All vacation homes in every zoning district
shall be required to obtain a new or renewed,as the case may be,operating
registration by a deadline no later than March 31,2017.
3.Large Vacation Home Review (LV Review)for 9-and-Over Vacation Homes in
Residential Zoning Districts.
a.The owner of record of a vacation home that has obtained an approved valid
operating registration on or before March 31,2017 may make application for
Large Vacation Home Review under the procedures of this Section and Code to
allow nine (9)or more individuals to occupy the vacation home,provided that:
(1)The vacation home for which Large Vacation Home Review application is
made has four (4)or more sleeping rooms;and
(2)The vacation home is in compliance with all applicable Building,Health,
and Fire Codes,or is brought into compliance with said Codes by deadline
dates as specified in accordance with the Codes.
b.The Large Vacation Home Review application shall be reviewed and may be
approved by motion and affirmative vote of the Planning Commission.The
Planning Commission’s decision shall be final,except that an appeal of the
Estes Valley Development code Page 4 of 8
Vacation Homes —Exhibit A —ver.E
Dec.15,2016 Joint TB+BOCC Meeting
o 0
Planning Commission’s decision may be made to the Town of Estes Park Board
of Trustees or the Board of Larimer County Commissioners,whichever has
jurisdiction.
c.Large Vacation Home Review for a 9-and-over vacation home shall comply with
the following policies and procedures:
(1)The procedure for application,review,and approval shall comply with the
“Procedure Checklist for Large Vacation Home Review:9-and-Over
Vacation
Homes”,promulgated and maintained by the Community Development
Department;
(2)The required “Vacation Home Safety Inspection Report”and “Vacation
Home Location Inspection Report’shall be provided to the Planning
Commission prior to any Planning Commission approval of a Large Vacation
Home Review;
(3)The minimum lot size for a 9-and-over vacation home shall be one (1)acre,
unless the Planning Commission makes a specific finding of fact that the
vacation home is in conformance with applicable use and development
standards with a lot size of less than one (1)acre;
(4)The minimum front,side,and rear setback from any lot boundary shall be
twenty-five (25)feet or the setback under the zoning or whichever is greater,
unless the Planning Commission makes a specific finding of fact that the
vacation home is in conformance with applicable use and development
standards with a setback of less than twenty-five (25)feet;
(5)An approved Large Vacation Home shall in no case be occupied by more
than two (2)occupants per bedroom plus two (2)additional occupants.
d.Denial of a Large Vacation Home Review zoning permission for use as a 9-and
over vacation home shall not void an existing operating license for an 8-and-under
vacation home,nor shall such denial in itself void zoning permissibility for use as
an 8-andunder vacation home;provided that 8-and-under vacation home zoning
requirements in this Code and other applicable regulations remain applicable.
4.Inspections
a.Beginning December 16,2016,inspections of all vacation homes per the
requirements of this Code shall be completed prior to initial approval of any
operating registration.
b.All vacation homes with registrations approved during calendar year 2017 shall be
inspected at least one (1)time during calendar year 2017.
c.Inspection after a violation is cured,and after a change in ownership,shall be
required.
d.Inspections shall be completed by the Department in accordance with the applicable
inspection checklist as promulgated and maintained by the Community
Development Department.The checklist shall be either the “Procedure Checklist for
8-and-Under Vacation Homes”or the “Procedure Checklist for Large Vacation
Estes valley Development code Page 5 of 8
vacation Homes —Exhibit A —ver.E
Dec.15,2016 Joint TB+BOCC Meeting
0 C’
Home Review:9and-Over Vacation Homes”,whichever may be applicable.These
checklists are hereby adopted and incorporated by reference in this Code.
5.Transitional Regulations.In order to establish an equitable method of transitioning from
pre-existing vacation-home regulations and those taking effect on December 16,2016
and beyond,the following interim regulations shall be effective.In case of any conflict
between regulations elsewhere in this Code and the transitional regulations,the
transitional regulations shall control:
a.All 2017 operating-registration applications for vacation homes that have active
operating registrations as of December 15,2016,shall have first priority in
application processing and operating-registration approval for 2017.
b.Within such application first-priority queue as may result from applications filed
under subsection a.,sequencing of registration issuance shall be determined by
the date/time received filing stamp by the Town Clerk’s Office on the face of each
application.
c.All 2017 operating-registration applications for vacation homes that do not have
active operating registrations as of December 15,2016,but for which either or
both
of the following is provided to the Town Clerk’s office at the time of initial
application,shall have second priority in application processing and operating-
registration approval for 2017:
(1)a written signed contract for vacation-home occupancy during 2016 is
provided to the Town Clerk’s Office;
(2)an executed and signed sales tax return establishing that sales tax has been
paid during Year 2016 to the State of Colorado for the vacation home.
d.Within such application second-priority queue as may result from applications filed
under subsection c.,sequencing of registration issuance shall be determined by
the date/time received filing stamp by the Town Clerk’s Office on the face of each
application.
e.All 2017 operating-registration applications for vacation homes that do not satisfy
the requisite conditions in subsection a.or c.shall have third priority in application
processing and operating-registration approval for 2017.
f.Within such application third-priority queue as may result from applications filed
under subsection e.,sequencing of registration issuance shall be determined by
the date/time filing stamp by the Town Clerk’s Office on the face of each
application.
g.In the event the cap for vacation homes in residential zoning districts in §5.1 .B.2 is
reached at any point in the 2017 queuing process,applications shall be
maintained on a waiting list in the order established within priority queues as
specified above.
h.All operating registrations approved and issued between December 16,2016 and
March 31,2017 shall initially be for 8-and-under occupants only.The Large
Vacation Home Review shall determine whether or not operating-registration-
approved vacation homes with four (4)or more sleeping rooms may be approved
as 9-andover vacation homes.
Estes valley Development code Page 6 of 8
vacation Homes —Exhibit A —ver.C
Dec.15,2Ol6JointTB+Bocc Meeting
0 0
I.All vacation home permits in effect on December 15,2016 shall be automatically
extended and in effect through March 31,2017.This extension shall be deemed a
separate matter from the operating registration requirements beginning January 1,
2017.Either an approved 2017 operating registration or an extended 2016 permit
shall allow operation of an 8-and-under vacation home at a given location,
provided the vacation home remains in compliance with all other applicable
regulations.
Table 4-1:Permitted Uses:Residential Zoning Districts.
Table 4-4
Permitted Uses:Residential Zoning Districts
Residential Zoning Districts
HP =Permitted by Right
“S’=Permitted by Special Review
“LV”=Permitted by Large Vacation Home Additional Regulations
Specific Review (Apply in All Districts
Use “—“=Prohibited Unless Otherwise Stated)
RE1 RE E-1 E R 3-1 R-2 RM
Low -Bed and
Intensity Breakfast ——————S P §5.18
Accommodations Inn
Vacation
Home:8-
andunder P P P P P P P P §5.1B
Occupants
vacation §5.1 B (Large Vacation Home
Home:
LV
Reviews may be approved by
9-and-over LV LV LV LV LV LV LV Planning Commission only,
Occupants subject to specified criteria)
Table 4-4:Permitted Uses:Nonresidential Zoning Districts.
Table 4-4
Permitted Uses:Nonresidential Zoning Districts
Nonresidential Zoning Districts Additional
“Pa =Permitted by Right Regulations5H=Permitted by Special Review (Apply in All
“—“=Prohibited Districts
Use Specific A A-i CD CO 0 CH I-i Unless Otherwise
Classification Use Stated)
Low-Intensity vacation P P P P ———
Accommodations Home
§5.2 ACCESSORY USES (INCLUDING HOME OCCUPATIONS)AND ACCESSORY
STRUCTURES
Table 5-2
Accessory Uses Permitted in the Nonresidential Zoning Districts
Estes valley Development Code Page 7 of 8
vacation Homes —Exhibit A —Ver.E
Dec.15,2016 Joint TB+Bocc Meeting
0 0
Residential Zoning District
:‘Yes =Permitted ‘No”=Not Permitted
•“CUP”=Conditional Use Permit Additional
Accessory Use A A-i CD CO 0 CH Ii Requirements
Vaealien-Heme No Yes Yes No No No No §S1B
In CD,such use shall
not be located on
the Ground floor of a
building fronting on
Elkhorn Avenue.
COrd.02 10 §1)
§7.9 EXTERIOR LIGHTING
B.Applicability.All new development shall comply with the standards set forth in this
Section.Vacation homes as designated and regulated in §5.1 .B of this Code shall comply with
the standards set forth in this Section,whether new or existing.
§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,or the Applicant for any relevant permit or registration.Notice shall be given in
person,or by certified U.S.Mail,or contact via website contact.The notice shall specify the
Code provisions allegedly in violation,and—unless a shorter time frame is allowed by this
Chapter—shall 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 a violation,up to a total of ninety (90)days,if the
Board finds
that due to the nature of the violation,it reasonably appears that it cannot be corrected within
fifteen (15)days.(Ord.2-02 #3)
Estes valley Development code Page 8 of 8
vacation Homes —Exhibit A —vet.E
Dec.15,2016 Joint TB+Bocc Meeting
0 0