HomeMy WebLinkAboutORDINANCE 06-19ORDINANCE NO.06-19
AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE
REGARDING §5.1.B.and §5.1.U
WHEREAS,on March 19,2019 the Estes Valley Planning Commission conducted
public hearings on proposed text amendments to the Estes Park Valley Development
Code,Chapter 5 —Use Regulations;and
WHEREAS,on March 19,the Estes Valley Planning Commission voted to
recommend approval of the text amendments;and
WHEREAS,the Board of Trustees of the Town of Estes Park finds the text
amendment complies with requirements of Colorado Statutes Revised,and has
determined that it is in the best interest of the Town that the amendment to the Estes
Valley Development Code,as set forth on Exhibit A and Exhibit B be approved;and
WHEREAS,said amendment to the Estes Valley Development Code is set forth
on Exhibit A and Exhibit B,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 AS FOLLOWS:
Section 1:The Estes Valley Development Code shall be amended as more fully
set forth on Exhibit A and Exhibit B.
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 lT3etl day of Aa I ,2019.
TOWN OF ES PARK,COLORADO
By:
______________________________
Mayor
ATTEST:rk
I hereby certify that the above Ordinance was introduced and read at a regular meeting
of the Board of Trustees on the 2-ógct day of 4cgt I 2019 and
published in a newspaper of general circulation in thd Town of Estes Park,Colorado,on
the ZCQftI day of
_____________________,
2019,all as required by the Statutes of
the State of Colorado.rk
EXHIBIT A
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[CHAPTER 5—USE REGULATIONS,§5.1.B]
Estes Park Board of Trustees —April 23,2019
§5.1 -SPECIFIC USE STANDARDS
B.Vacation Home.
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,
according to an application period as specified in this Code.An operating
registration 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,provided that registered vacation homes may continue
operation during January 1 and March 31 of any calendar year following a
year in which the vacation home was duly registered.
(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.The property owner of record at
the time of application shall sign any application for a vacation home
registration.
(3)Registration applications shall be completed within ninety (90)days from
issuance of the packet from the Community Development Department.
Registrations not completed within ninety (90)days will be voided and are
subject to reapplication by the property owner.New applications for vacation
homes in residential zoning districts shall be placed on the wait list if the cap is
full.
(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 each 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.A registration assigned to a vacation home shall not be
transferred to another vacation home of the same or different ownership.
(6)Effective December 16,2016,vacation home operating registrations in
residential zoning districts (designated herein as zoning districts E,E-1,R,R
1,R-2,RE,RE-i,and RM)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.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.
(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)Reserved1
(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 shaH be 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 renewal for said active
registration 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 residing in either the Estes Valley Recreation and Park
District boundary or the Estes Park School District R-3 boundary,who can be
contacted by telephone and is available when the vacation home is rented,
regarding 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 ensure the new local representative is knowledgeable
of all vacation home regulations.
(13)lf 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 within fifteen (15)days of transfer of ownership,
and to ensure all other regulations in this Section are in compliance.
(14)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.
(15)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.
(16)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).In case of conflict between
Chapter 5.20 and provisions of §5.1.6 of this Code,the provisions of §5.1 .B of this
Code shall control.
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 §5.1.6 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 single4amily 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.
(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 property address and 24/7 hotline phone number.(c)
Proof of mailing shall be provided to the Community Development
Director upon issuance of initial annual operating registration.
e.Parking.
(1)Minimum Required Off-Street 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).
(2)Maximum Off-Street Parking -Residential Zoning Districts.This Section
applies to all vehicles that are not parked or stored in a fully enclosed garage.
The maximum number of vehicles parked off-street on the vacation home
property shall not exceed the number of bedrooms in the vacation home.(3)
Maximum Off-Street Parking -Nonresidential Zoning Districts.Maximum
parking for vacation homes in nonresidential zoning districts shall be regulated
according to the parking standards applicable to “Hotel,small.”
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 Large Vacation Home Review (LVHR)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 Rome Review (LVHR)approval as a “9-and-over vacation home”,in
accordance with the regulations in §5.1.6.3.The maximum occupancy in a 9-and
over vacation home shall be as specified in the LVRR 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.
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 shall be registered by name on or before the time of the party’s initial
occupancy.The name registry shall be maintained by the property owner or
manager,and shall be made available to the appropriate regulatory entity(s)upon
the regulatory entity’s request.
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.
Vacation homes,whether new or existing structures,shall be subject to the
requirements of Sec.7.9 (Exterior Lighting)for new development.
j.Vacation homes shall be subject to the requirements of the Wildlife Protection
Ordinances of their respective jurisdictions,and shall have wildlife resistant
containers or enclosures provided for disposal of refuse.[For property in the Town
see Chapter 7.20 Wildlife Protection for the Town of Estes Park Municipal Code.
For property in unincorporated Larimer County see Sections 30-261-277 Wildlife
Protection through Refuse Disposal of the Code of Larimer County Colorado.]k.
Vacation homes shall be subject to the requirements of the Sign Code of their
respective jurisdictions,and shall obtain sign permits as required.[For property in
the Town see Chapter 17.66 Signs of the Town of Estes Park Municipal Code.For
property in unincorporated Larimer County see Section 10.2 General Sign
Regulations of the Code of Larimer County Colorado.]
Issuance of the operating registration by the Town shall have no fixed deadline;
however,the Town shall make all reasonable effort to issue operating registration
approvals in an orderly and expeditious manner,as may be determined by the
Town.
3.Large Vacation Home Review (LVHR)for 9-and-Over Vacation Homes in Residential
Zoning Districts.
a.The owner of record of a vacation home in a residential zoning district that has
filed a complete application for an 8-and-under vacation home operating
registration on or before March 31,2017,may make application for Large Vacation
Home Review (LVHR)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 by a party in
interest of the 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”T 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 that the vacation
home has demonstrated adequate buffering or screening from adjacent and
nearby properties,such that a lot size of less than one (1)acre is
commensurate with Large Vacation Home use.Appropriate alternative
standards for demonstrating adequate buffering or screening shall include,but
not be limited to:orientation of the Large Vacation Home on the property away
from nearby residential structures,linear separation from other residential
structures,separation from other structures by an intervening right-of-way,
topographic features such as rock formations or grade differences,and
mature vegetation or fencing;
(4)the minimum front,side,and rear setback from any lot boundary shall be
twenty-five (25)feet or the setback under the zoning district,whichever is
greater,unless the Planning Commission makes a specific finding that the
vacation home has demonstrated adequate buffering or screening from
adjacent and nearby properties,such that a setback of less than twenty-five
(25)feet or less than the setback under the zoning district,whichever may be
applicable,is commensurate with Large Vacation Home use.Appropriate
alternative standards for demonstrating adequate buffering or screening shall
include,but not be limited to:orientation of the Large Vacation Home on the
property away from nearby residential structures,linear separation from other
residential structures,separation from other structures by an intervening right
of-way,topographic features such as rock formations or grade differences,
and mature vegetation or fencing;
(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-and-under vacation home;provided that 8-and-under vacation home zoning
requirements in this Code and other applicable regulations remain applicable.
4.Inspections.
a.Inspections of all vacation homes per the requirements of this Code shall be
completed prior to initial approval of any operating registration.
b.[Reserved]
c.Inspection after a violation is cured or after a change in ownership shall be
required at the discretion of the Community Development Director.
d.Inspections shall be completed by the Department in accordance with the
applicable inspection checklist as promulgated and maintained by the Community
Development Department.
(Ord.02-10 §1;Ord.29-16,§1;Ord.09-17,§1)
EXHIBIT B
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[CHAPTER 5—USE REGULATIONS,§5.1.UJ
Estes Park Board of Trustees —April 23,2019
§5.1-SPECIFIC USE STANDARDS
U.Bed and Breakfast Inn.
1.All bed and breakfast inns shall be subject to the following:
a.Annual Operating Registration.
(1)All bed and breakfast inns shall obtain an operating registration on an annual basis.
An annual operating registration 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,provided that registered bed and breakfast inns may continue
operation during January 1 and March 31 of any calendar year following a year in
which the bed and breakfast inn was duly registered.Registration applications shall
be completed within ninety (90)days from issuance of the packet from the Community
Development Department.Registrations not completed within ninety (9D)days shall
be voided and a new application shall be made by the property owner,
(2)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.The property owner of
record at the time of application shall sign any application for bed and breakfast inn
registration.
(3)No more than one (1)operating registration shall be issued and effective in any given
calendar year for a bed and breakfast inn,An active operating registration for a
specific bed and breakfast inn shall be transferable to a different owner in accordance
with procedures in this Code and as established by the Town Clerk’s office.
(4)Every bed and breakfast inn for which an operating registration application is made
shall require that the bed and breakfast inn undergo and pass an initial inspection in
accordance with this Code prior to issuance of the operating permit.
(5)Issuance of an operating registration for a bed and breakfast inn shall not constitute a
zoning entitlement for a property’s use as a bed and breakfast inn,nor shall absence
of an operating registration for a bed and breakfast inn constitute removal or
abrogation of a property’s zoning permissibility for use as a bed and breakfast inn.
However,both appropriate zoning permission,special review approval and
compliance and a valid current operating permit shall be necessary elements in order
for operation as a bed and breakfast inn to occur.
(6)The registration shall designate the resident owner or on-site manager residing on the
premises who can be contacted and is on the property twenty4our (24)hours per day
when the bed and breakfast is in operation,regarding 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 bed and
breakfast inn.An annual operating registration shall not be valid unless the resident
owner and on-site manager employed by the owner (if different),sign the operating
registration application acknowledging all bed and breakfast inn regulations.If the
resident owner or on-site manager 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 ensure the on-site manager is knowledgeable of all bed and breakfast
inn regulations.If the property owner of record 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 within fifteen (15)days of transfer of ownership,and to
ensure all other regulations in this Section are in compliance.
(7)State Sales Tax License.A condition of issuance of the annual operating permit shall
be proof of a current sales tax license.
(8)Violations.The relevant Decision-Making Entity may deny or withhold the renewal of
an 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 operating permit at any time in accordance with §12.4.A.2.
Operating the bed and breakfast inn during any such period of suspension or
revocation shall be a violation of this Code.Appeal to this section shall be made in
accordance with the appeals process in the Estes Valley Development Code.
(9)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.
(10)The owner of the bed and breakfast inn,or an on-site manager employed by the
owner,shall reside on the premises at all times when the bed and breakfast is in
operation.
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)In case of conflict between Chapter 5.20 and
provisions of §5.1 .B of this Code,the provisions of §5.1 .B of this Code shall control.
c.Residential Character.Bed and breakfast inns shall not be designed or operated in a
manner that is out of character with residential use of a dwelling unit by one (1)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.
(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)Accessory buildings shall not be used for amenities beyond a gazebo or similar
outdoor room.
(5)No changes in the exterior appearance shall be allowed to accommodate each bed
and breakfast inn,except that one (1)wall-mounted identification sign no larger than
four (4)square feet in area shall be permitted.
(6)Vehicular traffic and noise levels shall not be out of character with residential use.
d,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 shall not be reduced to less than two (2).
(2)Maximum Off-Street Parking—Residential Zoning Districts.This Section applies to all
vehicles that are not parked or stored in a fully enclosed garage.The maximum
number of vehicles parked off-street on the bed and breakfast inn property shall not
exceed the number of bedrooms in the bed and breakfast inn.(3)Maximum Off
Street Parking—Nonresidential Zoning Districts.Maximum parking for bed and
breakfast inns shall be regulated according to the parking standards applicable to
hotel,small.”
e.Employee housing units as designated in §5.2.C.2 shall not be designated a bed and
breakfast inns as defined and regulated herein.
f.Attainable housing units as designated in §11.4 shall not be designated as bed and
breakfast inns as defined and regulated herein.
g.Accessory Dwelling Units.Bed and breakfast inns shall not be permitted on residential lots
containing an accessory dwelling.(See also §5.2.B.2.a,which prohibits rental of accessory
dwelling units regardless of the length of tenancy).
h.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.
Density.Only one (1)bed and breakfast inn shall be permitted per residential dwelling unit.
j.Postings.
(1)Bed and breakfast inns in all zoning districts shall have a clearly legible notice posted
on-site.The posted notice shall be provided by the Community Development
Department once the operating-registration is initially applied for,shall be posted in a
prominent location inside the bed and breakfast inn prior to or during the initial
inspection,and shall remain posted in the same location for the duration of its use as
a bed and breakfast inn.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.
(5)Neighbor Notification.Prior to issuance of the initial annual operating permit,the
resident owner or designated manager residing on the premises 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 property address and 24/7 hotline phone number.c)
Proof of mailing shall be provided to the Community Development
Director upon issuance of initial annual operating permit.
2.All bed and breakfast inns shall also be subject to the following:
a.Occupancy.
(1)Maximum Occupancy—Eight-and-under occupants.The maximum allowable
occupancy shall be limited by a maximum of two (2)guests per bedroom plus two (2)
guests.The maximum allowable occupancy for an individual bed and breakfast Inn
shall be eight (8)occupants.
(2)Maximum Occupancy—Nine-and-over occupants.A residential structure with four (4)
or more sleeping rooms is permitted by special review in accordance with the S2
approval.The maximum occupancy in a nine-and-over occupant bed and breakfast
inn shall be as specified in the special review approval granted by the Town Board;
provided that occupancy shall be limited to a maximum of two (2)individuals per
sleeping room plus two (2)individuals per bed and breakfast inn.
(3)One bedroom shall be assigned to the resident owner or on-site manager and
therefore added to the maximum occupancy calculations in paragraphs (1)and (2)
above.
(4)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
offering classes/workshops to guests,provided they are in character with residential use.
[Accessory Uses (Including Home Occupations)and Accessory Structures,Chapter 5
EVDC §5.2.B.2.d (2006)]
c.Meal Service.Bed and breakfast inns may provide meals service to registered overnight
guests.
d.Bed and breakfast inns,whether new or existing structures,shall be subject to the
requirements of §7.9 (Exterior Lighting)for new development.
e.Bed and breakfast inns shall be required to meet applicable Building,Health and Fire
codes.
f.Bed and breakfast inns shall be subject to the requirements of the Wildlife Protection
Ordinances of their respective jurisdictions,and shall have wildlife resistant containers or
enclosures provided for the disposal of refuse.[For property in the Town see Chapter 7.20
Wildlife Protection of the Town of Estes Park Municipal Code.For property in
unincorporated Larimer County see Sections 30-261-277 Wildlife Protection through
Refuse Disposal of the Code of Larimer County Colorado.]
g.Bed and breakfast inns shall be subject to the requirements of the Sign Code of their
respective jurisdictions,and shall obtain sign permits as required.[For property in the Town
see Chapter 17.66 Signs of the Town of Estes Park Municipal Code.For property in
unincorporated Larimer County see Section 10.2 General Sign Regulations of the Code of
Larimer County Colorado.]
(Ord.31-17,§1(Exh.A))