HomeMy WebLinkAboutORDINANCE 02-100
ORDINANCE NO.02-10
0
AN ORDINANCE AMENDING THE
ESTES VALLEY DEVELOPMENT CODE AND THE TOWN MUNICIPAL CODE,
VACATION HOME AND BED &BREAKFAST AMENDMENTS
WHEREAS,the Estes Valley Planning Commission has recommended amendments to
the Estes Valley Development Code and the Town Municipal Code related to Vacation Homes
and Bed &Breakfast;and
WHEREAS,said amendments to the Estes Valley Development Code and the Town
Municipal 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 and
the Town Municipal Code,set forth on Exhibit “A”and recommended for approval by the Estes
Valley Planning Commission be approved.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK,COLORADO:
Section 1:The Estes Valley Development Code and the Town Municipal Code shall be
amended as more fully set forth on Exhibit “A”.
Section 2:
adoption and publication.
This Ordinance shall take effect and be enforced thirty (30)days after its
PASSED AND ADOPTED BY THE BOARD OF
PARK,COLORADO,THIS 1s,—DAY OF___
I
4’j :A1FEST&.”.
...N t.aaa.pee’..-C.4-.To Clerk
TRUSTEES OF
i..)‘.Zj THE TOWN OF ESTES
2010.
I hereby certify that the above Ordinance was introduced and read at a regular meeting of
the Board of Trustees on the c.”-day of ,flNoP...j ,2010 and published in a
newspaper of general circulation in the Town of Estes Park,Colorado,on the day
of Sc ,2010,all as required by the Statutes of the State of Colorado.
-tJaeWilliamson,Town Clerk
Mayor
0 0
0
Bed and
breakfast
inns
EXHIBIT A —ORDINANCE #02-10
§5.1.B,In CD.such use
shall not be located on
the ground floor of a
building fronting on
Elkhorn Avenu e
In CD,such use shall not
be located on the ground
floor of a building fronting
on Elkhorn Avenue
Section 4.3 Residential Zoning Districts
B.Table 4-1:Permitted Uses:Residential Zoning Districts.
Zoning Districts Additional
Regulation“P”=Permitted by Right s (Apply inUse
Classification Specific Use “5”=Permitted by Special Review All Districts
“—“=Prohibited Unless
I OtherwiseRE-IREE-1E R R-1R-2RM Stated)
ACCOMMODATION USES
Bed and S
Low-Intensity Breakfast Inn ——————
P §5.1.B
Accommodation
VacaUon P P P P P P P E §5.1.BHome———————
Section 4.4 Nonresidential Zoning Districts
B.Table 4-4:Permitted Uses:Nonresidential Zoning Districts.
Nonresidential Zoning Districts
“P”=Permitted by Right
“5”=Permitted by Special Review Additional Regulations
Use “—“=Prohibited (Apply in All Districts
Classif Specific Unless Otherwise
ication use A A-I CD CO 0 CH I-I Stated)
ACCOMMODATION USES
P
Low-
Intensity
Accomm
odations
P P P
Hotel,
Small P P
EXHIBITA—ORDINANCE#02-1O 0
§5.1.B
In CD,such use shall not
be located on the ground
floor of a building fronting
on Elkhorn Avenue
Nightly Short term and long term
Rentals P P
nightly rentals allowed as
Vacation a-pnneipal-ue-tn-a
Home rcpidpnt’,I d,.,nfInn mit
-See also Table 5 2
which allows nightly
rentals as an accessory
use to a dwelling unit in
the A 1 and CD zoning
dieth etc
Resort
lodge/ca
bins,P §5.1.P
low-
intensity
Section 5.1 Specific Use Standards
B.Bed and Breakfast Inn and Vacation Home.
All bed and breakfast inn uses shall be subject to the followinn t.,nr1.,rr1
1.Structures shall not be altered in a way that channnr.tktir nnncn)residential
appearance.
2.If four (1)or more off street parking spaces are provided pursuant to §7.11,
iFpI ni enrnnn inn crnn,nrl.,ncnt rpc.rlnntipl pknil kn rnnl •rnra
3.Other than registered guests,no meals shall be served to the general public.
No cooking or kitchen facilities .-knII be allowed in the nuept rooms.
All bed and breakfast inns and vacation homes shall be subiect to the following
(see §5.1.6.2 and §5.1.6.3 for additional regulations):
a.Annual Operating Permit.
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 Community Development Department Town
Clerk’s Office.
(2)The permit shall designate a local resident or property manager of the
(1)
Estes Valley who can be contacted and is available twenty4our (24)
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C EXHIBITA—ORDINANCE#02-10
hours per day,with regard to any violation of the provisions of this
Section.The person set forth on the application shall be the agent
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.
b.State Sales Tax Liconso.All bed and breakfast inns and vacation hornet
shall obtain a state sales tax licence.
c.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.
d.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)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 or vacation home,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.
e.Parking.
(1)Minimum Reguired 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).
(2)Maximum Allowed Parking.No more than three (3)vehicles shall be
parked outside at any one (1)time.Vehicles enclosed within a garage
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EXHIBIT A —ORDINANCE #02-10
do not count towards this maximum.On-street parking shall be
prohibited.Refer to 5.2.B.2.f,which may further limit the number of
vehicles permitted on site.
f.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).
g.Attainable Housing Units.Attainable housing units shall not be rented,leased
or furnished for tenancies of less than thirty (30)days.(See 1 1.4.E).
h.Accessory Dwelling Units.Bed and breakfast inns and vacation homes shall
not be permitted on residential lots containing an accessory dwelling.(See
also 52.B.2.a which prohibits rental of accessory dwelling units regardless
of the length of tenancy).
i.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.
j.Density.Only one vacation home or bed and breakfast inn shall be permitted
per residential dwelling unit.
2.All bed and breakfast inns shall also be subiect 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 guest&This is not intended to octablish maximum occupancy limits
for individual rooms within a bed and breakfast inn.For oxamplo,three
individuals could be accommodated in one bedroom and one individual ina
(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.Housekeeping Services.Bed and breakfast inns shall bo permitted to provide
daily housekeeping services to guests.
d.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 subiect to the following:
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0 EXHIBITA—ORDINANCE#02-1O Q
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 individuals.This is not intended to establish maximum occupany
limits for individual rooms within a bed and breakfast inn.For example.
three individuals could be accommodated in one bedroom and one
individual in another.
(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.One (1)party shall consist of related and/or non rolated indMduals
occupying the vacation home as a group,for example,a family or group
of friends vacationing together or a group of business associates.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).
c.1-1r Services.Vacation homes c.knII kc ““‘to provide
housing services only at the beginning and end of a party’s stay.
d.Meal Service.Vacation homes shall not provide meal service to registered
guests or the general public.
Section 5.2.B.1 Accessory UseslStructures Permitted in the Residential Zoning
Districts.
Table 5-1:Accessory Uses and Structures Permitted in the Residential Zoning
Districts
Residential Zoning District
“Yes”=Permitted “No”=Not
Permitted
RE-RE E-1 E R R-1 R-2 RM Additional
Accessory Use I Requirements
Nightly-Rentals Yes Yes Yes Yes Yes Yes Yes Yes §5.2.B.2.g
Vacation Home §5.1.8
Section 5.2.B.2 Additional Requirements for Specific Accessory UseslStructures
Permitted in the Residential Zoning Districts
d.Home Occupations.
(4)Operational:
.IM Home occupations shall be prohibited on the site of a vacation home and/or
accessory dwelling unit.(See §5.1.B and 5.2.8.2.a).
0 EXHIBITA—ORDINANCE#02-1O 0
e.Rentals.
(1)Long term rentals (loose terms of thirty [30]days or more)of a principal or
accessory residential dwelling unit shall be permitted as an accessory use in all
residential zoning districts.
(2)Short term nightly rentals (lease terms of less than thirty [30]days)of a
principal residential dwelling unit shall be permitted as an accessory use in all
residential zoning districts,provided that the following conditions are met.All
permitted short term rentals of dwelling unite shall be required to:
(a)Comply with all the conditions and requirements as set forth in the Town
of °°°D’,rle IR,,nr’innl flnrlp rk’,n+prc.“0 ar’4 ‘
(b)Obtain a business liccnsc if within Town limits
f.Storage or Parking of Vehicles,Recreational Equipment and Recreational
Vehicles.
(7)Bed and Breakfast Inns and Vacation Homes.See 5.1.B which further limits
vehicle storage and parking for dwelling units that are permitted as a bed and
breakfast inn or vacation home.
Section 5,2.C.1 Accessory UseslStructures Permitted in the Nonresidential Zoning
Districts,
Table 5-2:Accessory Uses and Structures Permitted in the Nonresidential Zoning
Districts
Nonresidential Zoning District
“Yes”=Permitted “No”=Not
Permitted Additional
Accessory Use A A-I CD CO 0 CH I-I Requirements
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C EXHIBITA—ORDINANCE#02-10 C
Nightly-Rentals No Yes Yes No No No No §5.1.B
Vacation Home
In CD,such use shall
not be located on the
ground floor of a
building fronting on
Elkhorn Avenue
As acccssory to a
principal residential
aTho nknrf tcma
unit as
an acccssorj use in
thc A 1 and CD
districts shall not be
subject to the
renhlirements of
cnRnnaboI.Ie.
.Qnn nlnn T.,kln A A
which
permits nightly
rentals as a principal
use of a dwelling unit
n.+hn A ‘1 ,nrl rim
,nninn rlte+rtr4c’
Section 5.2.D General Dimensional and Operational Requirements.
4.Maximum Building or Structure Size for Nonresidential Uses.Except as otherwise
expressly limited or allowed in this Section,and except for structures containing
accessory nightly rentals and for accessory recreational facilities including swimming
pools,freestanding accessory buildings and structures shall not be larger than one
thousand (1000)square feet of gross floor area.(Ord.15-03 #1)
Section 5.2.C.2a Employee Housing
(4)Restrictive Covenant Required.
(a)Employee housing units provided pursuant to this Section shall be deed restricted
for a period of time no less than twenty (20)years to assure the availability of the unit
for long-term occupancy only by employees of the principal business use.Such
restriction shall include a prohibition of short-term rentals (less than thirty [30]days);
see §5.1.B and/or rentals to the general public of the unit(s)except as otherwise
allowed by this Section.
Section 11.4 Attainable Housing Density Bonus,E.Development and Design
Standards.
4.Short-Term Rentals Prohibited.Attainable housing units shall not be leased or rentcd
rented,leased or furnished for tenancies of less than thirty (30)days (see §5.1 .B).
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0 EXHIBITA—ORDINANCE#02-1O 0
Section 13.2.C Use ClassificationiSpecific Use Definitions and Examples.
2.Accommodations,Low-Intensity.
a.General Definition:Visitor-serving facilities that provide temporary lodging for
compensation,and with an average length of stay of less than thirty (30)days.
(except for permitted long term nightly rentals see 2.b(3)below).Except in the
CD district,sSuch facility shall be designed to be compatible,in terms of
building scale,mass and character,with a predominantly low-intensity and low-
scale residential and/or rural setting.
b.Examples:This classification includes the following types of specific uses:
(1)Bed and Breakfast Inn:A detached single-family residential dwelling unit
that is rented,leased,or occupied as a single accommodations unit for
accommodations purposes for terms of less than thirty (30)days and is
operator-occupied on a full-time basis.
An establishment operated in an owner occupied,single family detached
dwelling unit,or portion thereof (excluding accessory buildings),that
provides lodging,with or without the service of a morning meal only,and
where the operator lives on the premises.No more than eight (8)guests
may be accommodated at any one (1)time.Accessory buildings shall not
be used for guest quarters or amenities beyond a gazebo or similara
(2)Hotel,Small:An establishment containing no more than eight (8)guest
rooms that provides temporary lodging with eating and drinking service
and a dining room where meals are served.
(3)Nightly-Rentals+Nightly Rentals:In the A 1 or CD zoning districts,a single
family,duplex or multi family dwelling unit that is leased for compensation,
to provide temporary lodging for visitors and guests.The term of lease in
this permitted principal nightly rental use may be either short term (less
than thirty [30]days)or long term (thirty [30]days or more).See §5.2.8 for
nightly rentals allowed as an accessory use in the residential zoninga
(4)Resort Lodges/Cabins,Low-Intensity:A tract of land under single ownership
and management with no more than a total of twenty (20)guest rooms or
guest units available for temporary rental.The guest rooms may be
contained in a main “lodge”building and/or contained in detached,
freestanding “cabin”structures (the latter freestanding structures shall not
include recreational vehicles or mobile homes).A single structure shall
contain no more than four (4)guest rooms or units.Guest rooms/units in a
resort lodge/cabin use may contain full kitchen facilities in lieu of “limited
kitchen facilities,”but only if such guest rooms comply with all conditions set
forth in §5.1.P of this Code.
(5)Vacation Home.A residential dwelling unit that is rented,leased,or
occupied as a single accommodations unit for accommodations purposes
for compensation for terms of less than thirty (30)days.
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0 EXHIBITA—ORDINANCE#02-10 Q
Section 13.3 Definitions of Words,Terms and Phrases
6.Accommodations Use shall mean a commercial,visitor serving facility that provides
temporary lodging in guest rooms or guest units,for compensation,and with an average
length of visitor stay of less than thirty (30)days.Examples of accommodations uses
include motels,hotels,bed and breakfast inns,resort lodges and hostels.A principal
“nightly rental”use of a dwelling unit in the A I or CD zoning districts,as more
specifically described in §13.2.C.2 of this Chapter,is an accommodations use.On the
other hand,an accessory short term ‘nightly rental”use of a dwelling unit in a residential
zoning district,as allowed by §5.2.B.2.g of this Cede,is not an accommodations use.
See also the definition of “guest room or unit’below,shall mean the rental,leasing,or
occupancy of any room,mobile home,recreational vehicle,camp site,or other area in a
visitor-serving facility that provides temporary lodging,such as any hotel,motel,guest
house,apartment,dormitory.mobile home park,recreational vehicle park or
campground,any single-family dwelling,duplex,multiplejamily dwelling,condominium
unit,or any such similar place,to any person whom,for a consideration,uses.
possesses,or has the right to use or possess such room,mobile home site,recreational
vehicle site,camp site,or other area for a total continuous duration of less than thirty
(30)days.
28.Household Living.
a.General Definition:A family unit related by blood,marriage or adoption or eight
(8)or fewer unrelated individuals (including resident and nonresident care givers)
living together in a single dwelling unit,with common access to and common use
of all living and eating areas and all facilities for the preparation and serving of
food within the dwelling unit.Household living shall include occupancy by a
renter household for terms of thirty (30)days or more.Refer to the definition of
“accommodations use”for renter occupancy for terms of less than thirty (30)
days.
b.Examples:This classification includes households living in single-family
houses,duplexes,town homes,other multi-family dwelling structures,
118.Guest Unit or Guest Room shall mean:
a.A room or suite of rooms in an accommodations use that contains sleeping and
sanitary facilities and that may include limited kitchen facilities.With the exception
of guest units or guest rooms in bed and breakfast inns and vacation homes,guest
units or guest rooms may include limited kitchen facilities.
Instead of the previously recommended revision above,keep the existing code
lanuage so that “a”would continue to read,
a.A room or suite of rooms in an accommodations use that contains sleeping and
sanitary facilities and that may include limited kitchen facilities.
b.For purposes of this definition,“limited kitchen facilities”shall mean a kitchen that
is not contained in a separate room and that may have a sink and only the following
appliances:(a)a refrigerator no larger than three and one-half (314)cubic feet;(b)a
stove/oven no wider than twenty (20)inches;and/or (c)a microwave oven.
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C EXHIBITA—ORDINANCE#02-1O 0
117.Guest Quarters shall mean living quarters with or without kitchen faciltfles for the
use of temporary guests of the occupants of the single family dwelling.
150.Nightly Rentals,Long Temi shall mean the leasing of a principal or accesso’
dwelling unit for compensation and for a term of thirty (30)days or longer.See §1 3.2.C.2
for the description of a principal nightly rental use,and §5.2.8 of this Code rogarding
accessory nightly rental uses in the residential zoning districts.
160.Nightly Rentals,Short Torn shall moan the leasing of a principal dwelling unit for
compensation and for a term of lees than thirty (30)days.Soo §13.2.C.2 for the
description of a principal nightly rental use,and §5.2.8 of this Code regarding nightly
rentals in residential zoning districts.
100.Rentals,Nightly or Short Torn.See definition of “Nightly Rentals’above.
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Estes Park Municipal Code
5.20.020 Definitions.
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 broakfast,apartmont,dormitory,mobile home park,recreational vehicle pork or
campground,any single family dwelling,duplex,multiple family dwelling,condominium
unit,vacation home or any such similar placejo 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.
Accommodation means the rental,leasing,or occupancy of an accommodation site
and/or accommodations unit for a total continuous duration of less than thirty (30)days.
(2)Accommodation cito means a site consisting of one (1)or more accommodation
units,including,but not limited to condominium units,which are located on one (1)
individual parcel of roal property and under management control for rental purposes of
an agent,entity or agency.
Accommodation site means one (1)individual parcel of real property consisting of one
(1)or more accommodations units that are under management control of an agent
representative,entity or agency for rental purposes.
(3)Accommodation unit moans 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.
Accommodations unit means any room,mobile home,recreational vehicle,camp site,or
other area in a visitor-serving facility that provides temporary lodging,such as any hotel,
motel,guest house,apartment,dormitory,mobile home park,recreational vehicle park
or campground,any single-family dwelling,duplex,multiple-family dwelling,
condominium unit,or any such similar place,to any person whom,for a consideration,
uses,possesses,or has the right to use or possess such room,mobile home site,
recreational vehicle site,camp site,or other area for a total continuous duration of less
than thirty (30)days.
(10)Vacation homo means a residential dwelling unit,as defined in the Estes Valley
flocInnment Code,that is located within a residential zoning district and is rented,
leased or occupied on a unit basic at an accommodation.
Vacation home means a residential dwelling unit that is rented,leased,or occupied as-a
single accommodations unit for accommodations purposes for compensation for terms
of less than thirty (30)days.
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0 EXHIBITA—ORDINANCE#02-1O 0
(11)Bed and breakfast Inn means a detached single-family residential dwelling unit that
is rented,leased,or occupied for accommodations purposes and is operator-occupied
on a full-time basis.
5.20.110 Vacation homes in residential zoning districts and Bed and Breakfast
Inns.
This Section shall apply to the leasing,renting and occupation of any vacation home
existing in the following zoning districts of the Town:RE 1,RE,E 1,E,R,R 1•R 2 and
R-M This Section shall apply to vacation homes and bed and breakfast inns.
(1)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.
(2)Restrictions on rentals.The leasing,renting or occupation rental,leasing,or
occupancy of all vacation homes and bed and breakfast inns subject to this Section shall
be restricted as follows:
a.Compliance with the applicable regulations found in the Estes Valley
Development Code is required.Vacation hornet shall not be operated in a 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 bo
designed to be compatible,in terms of building scale,mass and character,with a
predominantly low intensity and low scale residential totting.Guest rooms shall be
integrated within the vacation home.Kitchen facilities shall be limited to be
consistent with tingle family residential use.
b.A vacation home shall be rented,leased or furnished to no more than one (1)
party with a maximum of eight (8)individual guests.The total maximum occupancy
of eight (8)individuals shall be further limited by a maximum of two (2)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,leased or furnished to
more than one (1)party subject to the limitations of two (2)guests per bedroom plus
two (2)individuals with a maximum of eight (8)guests.
c.No changes in the exterior appearance to accommodate each vacation home
shall be allowed,except that one (1)waIl mounted identification sign no larger than
four (‘1)square feet in area shall be permitted.
d.Only one (1)vacation homo shall be permitted per lot in single family residential
districts.
e.No recreational vehicle,as the samo is defined in Chapter 13 of the Estes Valley
Development Code,tent,temporary shcltcr,canopy,teepee or yud shall be used by
any individual for living or sleeping purposes.
f.Each vacation home is permitted a maximum of three (3)guest vehicles on site
and parked outside at any one (1)time.On street parking shall be prohibited.
g.Vacation homes shall be subject to commercial utility rates for the entiro calendar
year of the current license,and sales tax collection and remittance.It is the owner’s
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EXHIBIT A —ORDINANCE #02-10
responsibility to notify the Utility Billing Department when the residence is no longer
being used as a vacation home after the license expires.
h.The application for a business license for any vacation home or bed and breakfast
inns 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-representative of
the owner for all purposes with regard to the issuance of the business license,the
operation of the vacation home or bed and breakfast inn,and revocation of the
business license pursuant to the terms and conditions of this Section.
i.Any vacation home in operation on or before November 1,2001,and whose owner
obtained a business license from the Town for 2001 shall be entitled to operatc the
vacation home to the extent of its operation on the effective date of the ordinance
codified herein,including but not limited to the number of guest individuals allowed
to occupy the vacation home at any one (1)time,the number of guest vehicles
allowed to be parked onsite and any permitted signage identifying the operation of
the vacation home.In the event the operation of the vacation home grandfathered by
this Sootion is abandoned for a poriod of ono (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
premises,the number of vehicles allowed to be parked outside one site and the
signage identifying the operation of the vacation home.
(3)Violation.It is a violation of this Section for any owner,agent-representative,guest
and/or occupant of a vacation home or bed and breakfast inn 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 or bed and breakfast inn;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 or bed and breakfast inn and while a vacation home
or bed and breakfast inn is being occupied as a vacation home or bed and breakfast inn
shall be a violation of this Section.
(4)Revocation of license.The Town may revoke the business license of any vacation
home or bed and breakfast inn for violation of the provisions of this Section as follows:
a.The Town Clerk,upon the receipt and verification of any violation of this
Section,shall give written notice to the owner or agent—representative that a
violation has occurred.
b.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 a above,the Town Clerk shall jy revoke the business
license by giving written notice to the owner or agent—representative of the
revocation of the license.Said revocation shall be for one (1)year from the date
of the notice.
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0 EXHIBITA—QRDINANCE#02-1O 0
c.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
representative of the revocation of the business license.Said revocation shall be
for two (2)years from the date of the notice.Upon revocation of the business
license,the owner’s right to operate a vacation home or bed and breakfast inn on
the property shall terminate.
(5)Appeal.Any owner or agent-representative who wishes to contest the written warning
or the revocation of a business license shall be entitled 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.
‘4
Q RECEPTION#:2OlOOO’R26,0610212010 at
03:08:52 PM,
IOFII,R$0.OOTDF.
Scott Doyle,Larimer County,CO
RESOLUTION APPROVING AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT
CODE REGARDING SHORT TERM RENTALS,BED AND BREAKFAST INNS,AND
VACATION HOMES
WHEREAS:
1.The Larimer County Planning Division in cooperation with the Estes Park Community
Development Department has proposed amendments to the Estes Valley Development Code to set out
timeframes for the appeals process.
2.The Estes Valley Planning Commission,at public hearings held September 15,2009 and October
20,2009,considered the proposed amendments and recommended to the Board of Trustees of the Town
of Estes Park and to the Board of County Commissioners,Larimer County,Colorado that they be
adopted.
3.The Town Board of the Town of Estes Park approved the proposed changes on January 26,2010.
4.At a public hearing on March 29,2010,which hearing had been advertised in a newspaper of
general circulation as required bylaw,the Board of County Commissioners of Larimer County,Colorado,
considered the proposed amendments.
5.The Board finds that the purpose of the amendments is to adopt regulations pertaining to short-
term rentals (vacation homes and bed and breakfast inns)under the Estes Valley Development Code to
distinguish between B&Bs and vacation home uses and the districts in which these uses are permitted.
6.The Board of County Commissioners of Labmer County finds that adoption of the proposed
amendments would be in the best interests of the citizens of Larimer County and would promote the
health,safety and welfare of the citizens.
NOW,THEREFORE,BE IT RESOLVETh
That the amendments to the Estes Valley Development Code shown on Exhibit “A”attached hereto shall
be and are hereby adopted.Said amendments shall be effective on the 29th day of March,2010.
ATtEST:
Dated LI )
Approv as form:
Depu Cuufiiy Att mey
Return to Planning
jO-EPctl°I
By:
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EXHIBIT “A”
FORMAT:
1)Existing text in black font.
2)Proposed text is underlined.
3)Text to be removed is ctwckthrough.
4)Revisions have been organized sequentially by chapter and section.
ITEM 1:SHORT-TERM RENTALS:BED AND BREAKFAST
INNS AND VACATION HOMES
Section 4.3 ResidentiaL Zoning Districts
B.Table 4-1:Permitted Uses:Residential Zoning Districts.
Zoning Districts Additional
Regulations“P”=Permitted by Right (Apiy in AllUseClassificationSpecificUse=Permitted by Special Review Wstricls Unless
Otherwise“—“Prohibited
Stated)
RE-i RE E-l E R R-i R-2 RM
ACCOMMODATION USES
Is’
Low-Intensity Inn
I i I I I
BednndBreakfast
—IP §5.1.8
Accommodations
I I I IVacationHomePP 5.I.R
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Section 4.4 Nonresidential Zoning Districts
B.Table 4-4:Permitted Uses:Nonresidential Zoning Districts.
Section 5.1 Specific Use Standards
B.Bed and Breakfast Inn and Vacation Home.
C
All l.,..,J ,,...4 t..,..-.1.Lt.,.-.+II L.,,..k:.....•.c,,.ll....:I•i.fl.cr;3nrn A d’._OEJ WbWLLXA
1.Structures shall not be altered in a way that changes their general residential
appearance.
2.If four (1)or more off street parking npacc are provided pursuant to §7.11,visual
ccrecning from adjacent residential uses shall be required.
3.Other than registered guests,no meals shall be served to the general public.No cooking
Nonresidential Zoning Districts
“P”Permitted by Right
“5”=Permitted by Special Review
Use “—“—Prohibited Additional Regulations (Apply
Classific in Mt Districts Untess OtherwiseallanSpecificuseAA-I j CD CO 0 CII I-I Stated)
ACCOMMODATION USES
Bed and
breakfast
inns
p p p p
§5.1.8.In CD,such use shall not
be located on the ground floor of a
building fronting on Elkhorn
Avenue
Law-
Intensity
Accommoda
tions
In CD,such use shall not be
Hotel,Small ————
—located on the ground floor ofa
building fronting on Eikhom
Avenue
.l.B
In CD,such use shall not he
located on the ground floor of a
a1th4L building fronting on Elkhom
Avenue
\‘acation —————
M3 rntub nlIo,vtl a a principal u;..-
5ue ahw ‘ruble 5 2 ‘.vhith allov;
•nightly rentaL;w;an accc.ory ur
to a dwJlng unit in the .\I and
CD ;:enin;di:arict.;
Resort
lodge/cabins
low
intensity
P §5.1.P
or kitchen facilities shall be allowed “
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All bed and breakfast inns and vacation homes shall be subject to the following (see
5.l.B.2 and 5.l.B.3 for additional regulations):
a.Annual Operating Permit.
(1)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)The permit shall designate a local resident or property manager of the Estes
Valley who can be contacted and is available twenty-four (24)hours per day,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 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.
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)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 or vacation home,except that one (1)wall-mounted
identification sign no larger than four (4)square feet in area shall be
permitted.
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(6)Vehicular traffic and noise levels shall not be out of character with residential
use.
d.Parking.
(I)Minimum Required Parking.Except in the CD Downtown Commercial
zoninE district,the number of parking spaces available to a dwellina unit
housmnn a bed and breakfast inn or a vacation home shall not be reduced to
less than two (2).
(2)Maximum Allowed Parking.No more than three (3)vehicles shall be parked
outside at any one (1)time.Vehicles enclosed within a garaae do not count
towards this maximum.On-street parking shall be prohibited.Refer to
5.2.B.2.f.which may further limit the number of vehicles permitted on site.
e.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).
f.Attainable Housing Units.Attainable housing units shall not be rented,leased or
furnished for tenancies of less than thirty (30)days.(See l l.4.E).
g.Accessory Dwelling Units.Bed and breakfast inns and vacation homes shall not be
pennitted 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).
It 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.
i.Density.Only one vacation home or bed and breakfast inn shall be permitted per
residential dwelling unit.
2.Al]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 (I)or more parties.
b.Home Occupations.Home occupations may be oyerated on the site of a bed and
breakfast inn.Bed and breakfast inns may •also offer limited ancillary services to
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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 (81 individuals shall occupy a vacation
home at any one lime.This maximum allowable occupancy shall be Thrther
limited by a maximum of two (21 individuals per bedroom plus two individuals.
(2)Number of Parties.Vacation homes shall be rented,leased or furnished to no
more than one (I)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).
Section 5.2.B.1 Accessory Uses/Structures Permitted in the Residential Zoning
d.Home Occupations.
(4)Operational:
,jjçj Home occupations shall be prohibited on the site of a vacation home and/or
accessory dwelling unit.(See J.B and 5.2.B.2.a).
Districts.
Table 5-1:Accessory Uses and Structures Permitted in the Residential Zoning Districts
Section 5.2.B.2 Additional Requirements for Specific Accessory Uses/Structures Permitted
in the Residential Zonin2 Districts
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p.Rentals.
(1)Long term rentals (lease terms of thirty [30)days or more)of a pdncipal or aoccsso’
residential dwelling unit shall be permittcd as an aoceosoiy use in all residonfial zoning
districts.
(2)Shod term nightly rentals (lease ten of less than thirty [30]days)of a pñnoipal
idential dwclHnc’unit shall be permitted as an accessory use in all rosidenfial zoning
districts,provided that the following conditions are met.All permitted short term
rentals of dwelling units shall be required to:
(a)Comply with all the conditions and requirements as set foith in the Town of Estes
Park Municipal Code,Chapters 5.20 and 5.35,and
th)Obtn a business license if within Town Iniifq
f.Storage or Parking of Vehicles,Recreational Equipment and Recreational
Vehicles.
(7)Bed and Breakfast Inns and Vacation Homes.See 5.1.B which ffirther limits vehicle
storage and parking for dwelling units that are permitted as a bed and breakfast inn or
vacation home.
Section 5.2.C.1 Accessory Uses/Structures Permitted in the Nonresidential
Zoning Districts.
Table 5-2:Accessory Uses and Structures Permitted in the Nonresidential Zoning Districts
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•.
.Nonresidential Zoning District
“Yes”=Permitted “No”=Not
Permitted Additional
Accessory Use A A-i CD CO 0 CII I-i Requirements
Nightly Rentals No Yes Yes No No No No 5.1.B
Vacation Home in CD,such use shall not he
located on the ground floor of
a building fronting on
Elkhorn Avenue
As accessory In p
principal residential
usc only.
The short term
nightly
rental of a dwelling
unit as
an acccssor use in
the A I and CD
districts-uhall not-be
subject to the
requirements of
4 4
which
n,-,,—,,,;,r n;w,i,t1,r
use of a dwelling unit
in the A 1 and CD
zonbv’districts.
Section 5.2.D General Dimensional and Operational Requirements.
4.Maximum Building or Structure Size for Nonresidential Uses.Except as otherwise expressly
limited or allowed in this Section,and except for structures containing accessory nightly rentals
and for accessory recreational facilities including swimming pools,freestanding accessory
buildings and structures shall not be larger than one thousand (1,000)square feet of gross floor
area.(Ord.15-03 #1)
Section 5.2.C.2a Employee Housing
(4)Restrictive Covenant Required.
(a)Employee housing units provided pursuant to this Section shall be deed restricted for a
period of time no less than twenty (20)years to assure the availability of the unit for long-
term occupancy only by employees of the principal business use.Such restriction shall
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include a prohibition of short-term rentals (less than thirty [30]days):see $5.l .B aid/or
rentals to the general public of the unit(s)except as otherwise allowed by this Section.
Section 11.4 Attainable Housin2 Density Bonus.E.Development and Design Standards.
4.Short-Term Rentals Prohibited.Attainable housing units shall not be leased or rented rented,
leased or furnished for tenancies of less than thirty (30)days (see 5.l.Bl
Section 13.2.C Use Classification/Specific Use Definitions and Examples.
2.Accommodations,Low-Intensity.
a.General Definition:Visitor-serving facilities that provide temporary lodging for
compensation,and with an average length of stay of less than thirty (30)days.fe*eept
for permitted long term nightly rentals ccc 2.b(3)below3-Except in the CD distHct,
sguch facility shall be designed to be compatible,in terms of building scale,mass and
character,with a predominantly low-intensity and low-scale residential and/or rural
setting.
b.Examples:This classification includes the following types of specific uses:
(1)Bed and Breakfast Inn:A detached single-family residential dwelling unit that is
rented,leased,or occupied as a single accommodations unit for accommodations
purposes for terms of less than thirty (30)days and is operator-occupied on a full-
time basis.
An establishment operated in an owner occupicd,single family detached dwelling
unit,or portion thereof (excluding accessory buildings),that provides lodging,
with or without the service of a morning meal only,and where the operator lives
on the premises.No more than eight (8)guests may be accommodated at any one
(I)time.Accessory buildings shall not be used for guest quarters or amenities
beyond a gazebo or similar outdoor room.
(2)Hotel,Small:An establishment containing no more than eight (8)guest rooms that
provides temporary lodging with eating and drinking service and a dining room
where meals are served.
(3)Nightly Rcntak Nightly Rentals:in the A I or CD zoning districts.a single
family.dupics or multi family dwcHing unit that is leased for compensation,to
provide temporary lodging for visitors and guests.The term of lease in this
permitted principal nightly refflal use may be either short term (less than thirty
[30]days)or long term (thirty [30]days or more).See §5.2.B for nightly rentals
allowed as an accessory use in the residential zoning distncts7
(4)Resort Lodges/Cabins,Low-Intensity:A tract of land under single ownership and
management with no more than a total of twenty (20)guest rooms or guest units
available for temporary rental.The guest rooms may be contained in a main “lodge”
building and:or contained in detached,freestanding “cabin”structures (the latter
freestanding structures shall not include recreational vehicles or mobile homes).A
single structure shall contain no more than four (4)guest rooms or units.Guest
rooms/units in a resort lodge/cabin use may contain full kitchen facilities in lieu of
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“limited kitchen facilities,”but only if such guest rooms comply with all conditions
set forth in §5.l.P of this Code.
(5)Vacation Home.A residential dwelling unit that is rented,leased,or occupied for
accommodations purposes for compensation for terms of less than thirty (30)days,
Section 13.3 Definitions of Words,Terms and Phrases
6.Accommodations Use shall mean a commercial,visitor serving facility that provides
temporary lodging in guest rooms or guest units,for compensation,and with an average length
of visitor stay of loss than thi’(30)days.Examples of accommodations uses include motels,
hotels,bed and breakfast inns,resort lodges and hostels.A principal “nightly rental”use of a
dwelling unit in the A I or CD zoning districts,an more specifically described in §13.2.C.2 of
this Chapter,is an accommodations use.On thc other hand,an accessory short term “nightly
rental”use of a dwelling unit in a residential zoning district.as allowed by §5.2.B.2.g of this
Code,is not an accommodations use.Soc also the definition of “guest room or unit”below,shall
mean the rental,leasing,or occupancy of any room,mobile home,recreational vehicle,camp
site,or other area in a visitor-serving facility that provides temporary lodging,such as any hotel,
motel,guest house,apartment,dormitory,mobile home park,recreational vehicle park or
campground,any single-family dwelling,duplex,multiple-family dwelling,condominium unit,
or any such similar place,to any person whom,for a consideration,uses,possesses,or has the
right to use or possess such room.mobile home site,recreational vehicle site,camp site,or other
area for a total continuous duration of less than thirty (30)days.
28.Household Living.
a.General Definition:A family unit related by blood,marriage or adoption or eight (8)or
fewer unrelated individuals (including resident and nonresident care givers)living
together in a single dwelling unit,with common access to and common use of all living
and eating areas and all facilities for the preparation and serving of food within the
dwelling unit.Household living shall include occupancy by a renter household for terms
of thirty (30)days or more.Refer to the definition of “accommodations use”for renter
occupancy for terms of less than thirty (30)days.
b.Examples:This classification includes households living in single-family houses,
duplexes,town homes,other multi-family dwelling structures,
117.Cuest Quartors shall memi living quarters with or without kitchen faeilitics for the use of
temporary guests of the occupants of the single family dwelling.
159.Nigh dv RentaLc,Long Term shall mean the toting of a principal or accessory dwelling unit
for compensation and for a term of thirty (30)days or longer.See l3.2.C.2 for the description
of a principal nightly rental use,and .2.B of this Code regarding accessory nightly rental uses
in the residential zoning districts.
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160.Nightly Rcn,Shon Term shall mean the leasing of a principal dwelling unit for
compensation and for a tent of less than thirty (30)days.Sec §13.2.C.2 for the description of a
principal nightly rental use,and 5.2.B of this Code regarding nightly rentals in residential
zoning districts.
199.Rentals,Night!;or Short Term.Seo definition of “Nightly Rentals”above.
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