HomeMy WebLinkAboutordinance.council.034-11 • ORDINANCE NO. 34
SERIES OF 2011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING SECTION 26.104.100,DEFINITIONS, VARIOUS SECTIONS OF
CHAPTER 26.710,ZONE DISTRICTS, AND ADDING A NEW SECTION 26.575.220,
VACATION RENTALS, TO THE MUNICIPAL CODE OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, in accordance with Chapters 26.210 and 26.310 of the City of Aspen
Municipal Code, the Director of the Community Development Department initiated amendments
to the Municipal Code related to Section 26.404.100, Definitions, Chapter 26.710, Zone
Districts, and adding a new Section 26.575.220, Vacation Rentals; and,
WHEREAS, pursuant to Chapter 26.310, applications to amend the text of Title 26 of
the Municipal Code shall be reviewed and recommended for approval, approval with conditions,
or denial by the Community Development Director and then by the Planning and Zoning
Commission at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Community Development Director has recommended approval of the
proposed amendments to the City of Aspen Land Use Code Section 26.104.100, Definitions,
Chapter 26.710, Zone Districts, and adding a new Section 26:575.220, Vacation Rentals, as
• described herein; and,
WHEREAS, the Planning and Zoning Commission held a duly noticed public hearing to
consider the proposed amendments described herein on September 6, 2011, continued from
August 16, 2011, August 23, 2011, July 19, 2011 and July 5, 2011, took and considered public
testimony and the recommendation of the Community Development Director and recommended,
by a 5 — 1 vote, that City Council deny the proposed code amendments.
WHEREAS, during a duly noticed public hearing on December 12, 2011, the City
Council took public testimony, considered pertinent recommendations from the Community
Development Director, and the Planning and Zoning Commission, and considered the proposal
under the applicable provisions of the Municipal Code as identified herein; and,
WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds
all the applicable standards and that the approval of the Code Amendments are consistent with the
goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
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• NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO,AS FOLLOWS:
Section 1.
That Section 26.104.100 of the Municipal Code of the City of Aspen, Colorado, is hereby
amended to add the definition of the term "Vacation rental", and by amending the definitions of
the terms, "Hotel", "Long term", and "Short term", which amended terms shall read as follows:
Hotel (a.k.a. Lodge). A 'building or parcel containing individual units used for
overnight lodging by the general public on a short-term basis for a fee, with or without
kitchens within individual units, with or without meals provided and which has common
reservation and cleaning services, combined utilities and on-site management and
reception services. Timeshare (a.k.a. fractional) units and timeshare developments are
considered hotels for the purposes of this Title. For hotels with flexible unit
configurations, also known as "lock-off units," each rentable division or "key" shall
constitute a lodge unit for the purposes of this Title.
Unless otherwise approved pursuant to Chapter 26.590 — Timeshare Development,
occupancy periods of a hotel or unit thereof, by any one (1) person or entity with an
ownership interest in the hotel or units thereof, shall not exceed thirty (30) consecutive
days or exceed ninety (90) days within any calendar year, regardless of the form of
ownership. Occupancy periods for person or entities with no ownership interested (e.g.
• vacationers) shall be limited only by the ninety-days per calendar year requirement.
Long term. The occupancy of a dwelling unit for residential purposes for a
consecutive time period greater than thirty (30) days.
Short-term. The occupancy of a hotel, lodge unit, or vacation rental for a consecutive
time period equal to or lesser than thirty (30) days in duration.
Vacation rental. The short term occupancy of a residential dwelling unit by the
general public for a fee. A vacation rental shall not include the rental of individual rooms
within a residential dwelling unit.
Section 2.
That the Chapter 26.575 of the Municipal Code of the City of Aspen, Colorado, is hereby
amended by adding a new Section 26.575.220 which said Section shall read as follows:
Sec. 26.575.220 Vacation Rentals
A. Intent and purpose.
The purpose of this section is to establish the procedures and standards by which Vacation
Rentals (See § 26.104.100, Definitions), of residential units are permitted within the City on a
short term basis. It is the City's intent to establish Vacation Rental regulations that promote
a mix of lodging options that support the City of Aspen's tourism base and local economy;
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• that uphold the health, safety and welfare of the public; and, that protect long term residential
neighborhoods by ensuring that the impacts of Vacation Rentals do not adversely affect the
residents and the character of residential areas.
B. Prohibitions.
1. It shall be unlawful for any person, whether a principal or agent, clerk or employee,
either for him or herself, or for any other person or for anybody, corporation or
otherwise, to lease or operate a Vacation Rental without first obtaining a Vacation
Rental Permit in accordance with the provisions of this Section or operating same in
violation of the standards set forth herein.
2. This section shall not apply to leases or other rental arrangements in Lodges,
Timeshare Lodges, Bed and Breakfasts and Hotels. (See Section 26.104.100,
Definitions, for definitions of these terms.)
3. A Vacation Rental is not permitted to rent individual rooms within a residential
dwelling unit.
4. It shall be unlawful for any person, whether.a principal or agent, clerk or employee,
either for him or herself, or for any other person or for anybody, corporation or
otherwise, to lease or operate a Vacation Rental in a Bandit Unit.
• C. Vacation Rental Period.
A dwelling unit may be rented or leased for a short term period, which is defined as a length
of time that is equal to or less than thirty (30) consecutive days without limitation in the
following zone districts: Lodging Zone Districts, Commercial Zone Districts, Mixed Use
Zone Districts, and Residential Zone Districts.
D. Vacation Rental Standards..
The following standards shall be applicable to Vacation Rentals.
•
1. Homeowners' Association Notification. In the event that a proposed Vacation Rental
is part of a common interest community and there is a Homeowners' Association, a
letter shall be submitted to the Homeowners' Association providing notification of an
application for a Vacation Rental Permit.
f
2. Business License. Any person who owns or represents one or more Vacation Rentals
shall obtain an annual City of Aspen business license pursuant to Chapter 14.08,
Business Licenses, of the Municipal Code. If an individual or business entity acts as a
designated representative of one or more Vacation Rentals, only one business license
shall be required. However, each residential unit shall obtain a Vacation Rental
Permit.
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3. Local owner representative. The owner of a Vacation Rental, if residing in the
Roaring Fork Valley or a designated representative of the owner residing within the
Roaring Fork Valley, shall be on call to manage the Vacation Rental during any
period within which the Vacation Rental is occupied. The name, phone number and
address of the local owner or the local owner representative shall be provided to the
Community Development Department at time of application for a Vacation Rental
Permit. It is recommended, but not required, that a sign identifying the
representative's name and number be posted on the property pursuant to Section
26.510.030.B.17 Property Management/Timeshare identification signs. It is the
responsibility of the owner representative to inform Vacation Rental occupants about ,
all relevant City of Aspen ordinances including, but not limited to parking, trash and
noise. It is the responsibility of the owner to notify the City if there is a change in
local owner representative within a reasonable timeframe.
4. Lodging and sales taxes. Vacation Rentals shall be subject to all taxpayer
responsibilities set forth at Chapter 23.08, Taxpayer's Responsibilities, particularly
the responsibility to collect and to remit all applicable sales and lodging taxes.
E. Vacation Rental Permits.
1. Applications. Applications for a Vacation Rental Permit shall be submitted to the
Community Development Department. A Vacation Rental Permit may be obtained by
• an authorized representative of the property owner. The application for a Vacation
Rental Permit shall contain the following:
a. If applicable, confirmation that notice was provided to the Home Owner's
Association.
b. A City of Aspen business license or application.
c. The name, phone number and address of the owner or local owner
representative.
2. Annual permit renewal. A new.application for a Vacation Rental Permit shall be
submitted each calendar year in accordance with the application requirements listed
• in Section 26.575.220(E)(1).
3. Exceptions for Multi family dwelling units. Multi-family dwelling units within the
same complex have the option to submit a consolidated Vacation Rental Permit
application for multiple units managed by one local owner representative. If multi-
family dwelling units use different owner representatives, separate applications shall
be required. .
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• F. Review Standards.
The Community Development Department shall review applications for Vacation Rental
Permits for conformance with the review standards listed below. A license may issue•upon a
determination of the following by the Community Development Department:
1. Compliance with the Vacation Rental Standards set forth in Section
26.575.220(D).
2. A completed application containing the information described in Section
26.575.220(E).
G. Enforcement.
Any person violating any provision of this Section 26.575.220 shall be subject to the penalty
provisions of Section 26.104.040,Applicability and penalty, In addition, any Vacation Rental
in violation of this Section 26.575.220, Vacation Rentals, shall be subject to a revocation of
the Vacation Rental Permit as set forth herein:
H. Denial and Revocation.
Whenever the Community Development Director has cause to believe that any holder of a
Vacation Rental Permit is engaging, or is engaged, in any activity such as to preclude the
issuance of a permit applied for or to warrant revocation of any permit presently held, he or
• she shall conduct a hearing to determine if such action shall be taken. The applicant or -
licensee affected shall be given adequate notice of any such hearing and be given a full
opportunity to be heard and an opportunity to cure prior to denial or revocation of a Vacation
Rental Permit.
I. Appeal.
An applicant or licensee aggrieved by a determination made by the Community Development
Department denying or revoking a Vacation Rental Permit may appeal to the City's
Administrative Hearing Officer in accordance with the procedures established by Chapter
•
26.316,Appeal Procedures.
Section 3.
That Section 26.710.040.A and B of the Municipal Code of the City of Aspen, Colorado, is.
hereby amended to read as follows:
Sec. 26.710.040. Medium-Density Residential (R-6).
A. Purpose. The purpose of the Medium-Density Residential (R-6) Zone District is
' to provide areas for long-term residential purposes, short term vacation rentals, and
customary accessory uses. Recreational and institutional uses customarily found in
proximity to residential uses are, included as conditional uses. Lands in the Medium-
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• Density Residential (R-6) Zone District are generally limited to the original Aspen
Townsite, contain relatively dense settlements of predominantly detached and duplex
residences and are within walking distance of the center of the City.
B. Permitted uses. The following uses are permitted as of right in the Medium-
Density Residential (R-6) Zone District: •
1. Detached residential dwelling.
2. Duplex.
3. Two (2) detached residential dwellings.
4. Home occupations.
5. Accessory buildings and uses.
6. Accessory dwelling units and carriage houses meeting the provisions of Chapter
26.520.
7. Vacation rentals. Pursuant to Section 26.575.220
Section 4.
That Section 26.710.050. A and B of the Municipal Code of the City of Aspen, Colorado,
is hereby amended to read as follows:
Sec. 26.710.050. Moderate-Density Residential (R-15).
A. Purpose. The purpose of the Moderate-Density Residential (R-15) Zone District
is to provide areas for long-term residential purposes, short term vacation rentals, and
customary accessory uses. Recreational and institutional uses customarily found in
• proximity to residential uses are included as conditional uses. Lands in the Moderate-
Density Residential (R-15) Zone District typically consist of additions to the Aspen
Townsite and subdivisions on the periphery of the City. Lands within the Townsite
which border Aspen Mountain are also included in the Moderate-Density Residential (R-
15) Zone District.
B. Permitted uses. The following uses are permitted as of right in the Moderate-
Density Residential (R-15) Zone District.
1. Detached residential dwelling.
2. Duplex.
3. Two detached residential dwellings.
4. Home occupations.
5. Accessory buildings and uses.
6. Accessory dwelling units and carriage houses meeting the provisions of section
26.520.040
7. Vacation rentals. Pursuant to Section 26.575.220.
Section 5.
That Section 26.710.060.A and B of the Municipal Code of the City of Aspen, Colorado, is
hereby amended to read as follows:
Sec. 26.710.060. Moderate-Density Residential (R-15A).
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• A. Purpose. The purpose of the Moderate-Density Residential (R-15A) Zone
District is to provide areas for long-term residential purposes, short term vacation rentals,
and customary accessory uses. Recreational and institutional uses customarily found in
proximity to residential uses are included as conditional uses. Lands in the Moderate-
Density Residential (R-15A) Zone District are similarly situated to those in the Moderate-
Density Residential (R-15) Zone District and are lands annexed from Pitkin County from
Zone Districts in which duplexes are a prohibited use.
B. Permitted uses. The following uses are permitted as of right in the Moderate-
Density.Residential (R-15A) Zone District:
1. Detached residential dwelling.
2. Duplex, provided fifty percent (50%) of the duplex units are restricted to
affordable housing.
3. Two (2) detached residential dwellings.
• 4. Home occupations.
5. Accessory buildings and uses.
6. Accessory dwelling units and carriage houses meeting the provisions of Section
26.520.
7. Vacation rentals. Pursuant to Section 26.575.220.
Section 6.
That Section 26.710.070. A and B of the Municipal Code of the City of Aspen, Colorado, is
• hereby amended to read as follows:
Sec. 26.710.070. Moderate-Density Residential (R-15B).
A. Purpose. The purpose of the Moderate-Density Residential (R-15B) Zone
District is to provide areas for long-term residential purposes, short term vacation rentals,
and customary accessory uses. Lands in the Moderate-Density Residential (R-15B) Zone
District are similarly situated to those in the Moderate-Density Residential (R-15) and (R-
15A) Zone Districts, but are those in which single-family structures are a permitted use
and duplexes are prohibited.
B. Permitted uses_ The following uses are permitted as of right in the Mode_rate-
Density Residential (R-15B) Zone District:
1. Detached residential dwelling.
2. Home occupations.
3. Accessory buildings and uses.
4. Vacation rentals. Pursuant to Section 26.575.220.
Section 7.
That Section 26.710.080. A and B of the Municipal Code of the City of Aspen, Colorado, is
hereby amended to read as follows: .
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• Sec. 26.710.080. Low-Density Residential (R-30).
A. Purpose. The purpose of the Low-Density Residential (R-30) Zone District is to
provide areas for long-term residential purposes, short 'term vacation rentals, and
customary accessory uses. Recreational and institutional uses customarily found in
proximity to residential uses are included as conditional uses. Lands in the Low-Density
Residential (R-30) Zone District are typically located along river frontages in outlying
areas of the City.
B. Permitted uses. The following uses are permitted as of right in the Low-Density
Residential (R-30) Zone District: •
1. Detached residential dwelling.
2. Duplex.
3. Home occupations.
4. Accessory buildings and uses.
5. Accessory dwelling units and carriage houses meeting the provisions of Chapter
26.520.
6. Vacation Rentals. Pursuant to Section 26.575.220.
.Section 8.
That Section 26.710.090. A and B of the Municipal Code of the City of Aspen, Colorado, is
hereby amended to read as follows:
Sec. 26.710.090. Residential Multi-Family (RMF).
A. Purpose. The purpose of the Residential Multi-Family (RMF) Zone District is to
provide for the use of land for intensive long-term residential purposes, short term .
vacation rentals, and customary accessory uses. Recreational and institutional uses
customarily found in proximity to residential uses are included as conditional uses.
Lands in the Residential Multi-Family (RMF) Zone District are typically those found in
the Aspen infill area, within walking distance of the center of the City or lands on transit
routes and other lands with existing concentrations of attached residential dwellings and
mixed attached and detached residential dwellings.
B. Permitted uses. The following uses are permitted as of right in the Residential
Multi-Family (RMF) Zone District:
1. Detached residential dwelling.
2. Two (2) detached residential dwellings.
3. Duplex dwelling.
4. :Multi-family dwellings.
5. Home occupations.
6. Accessory buildings and uses.
7. Dormitory.
8. Accessory dwelling units and carriage houses meeting the provisions of Chapter
26.520.
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• 9. For historic landmark properties: bed and breakfast.
10. Vacation Rentals. Pursuant to Section 26.575.220.
Section 9.
That Section 26.710.100. A and B of the Municipal Code of the City of Aspen, Colorado, is
hereby amended to read as follows:
Sec. 26.710.100. Residential Multi-Family-A (RMFA).
A. Purpose. The purpose of the Residential Multi-Family-A (RMFA) Zone District
is to provide for the use of land for intensive long-term residential purposes,short term
vacation rentals, and customary accessory uses. Recreational and institutional uses
customarily found in proximity to residential uses are included as conditional uses.
Lands in the Residential Multi-Family-A (RMFA) Zone District are typically those found
in the Aspen infill area, within walking distance of the center of the City or lands on
transit routes and other lands with existing concentrations of attached residential
dwellings and mixed attached and detached residential dwellings.
B. Permitted uses. The following uses are permitted as of right in the Residential
Multi-Family-A (RMFA) Zone District:
1. Detached residential dwelling.
2. Two (2) detached residential dwellings.
3. Duplex dwelling.
4. Multi-family dwellings.
5. Home occupations.
6. Accessory buildings and uses.
7. Dormitory.
8. Accessory dwelling units and carriage houses meeting the provisions of Chapter
26.520. .
9. For historic landmark properties: bed and breakfast.
10. Vacation Rentals. Pursuant to Section 26.575.220.
•
Section 10.
That Section 26.710.110. A and B of the Municipal Code of the City of Aspen, Colorado, is
hereby amended to read as follows:
Sec. 26.710.110. Affordable Housing/Planned Unit Development (AH/PUD).
A. Purpose. The purpose of the Affordable Housing/Planned Unit Development
(AH/PUD) Zone District is to provide for the use of land for the production of category
affordable housing and resident occupied lots and units. The Zone District also permits a
limited component of free market lots/units to offset the cost of developing affordable
housing. It is contemplated that land may also be subdivided in connection with a
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development plan. The AH/PUD Zone District is intended for residential use primarily
by permanent residents of the community and in some instances allows for short term
vacation rentals. Recreational and institutional uses customarily found in proximity to
residential uses are included as conditional uses. Lands in the AH/PUD Zone District
should be scattered throughout the City to ensure a mix of housing types, including those
which are affordable by its working residents; at the same time the AH/PUD Zone
District can protect the City's neighborhoods from rezoning pressures that other non-
community-oriented Zone Districts may produce. Further, lands in the AH/PUD Zone
District should be located within walking distance of the center of the City or on transit
routes.
B. Permitted uses. The following uses are permitted as of right in the AH/PUD
Zone District:
1. Residential uses restricted to category affordable housing guidelines and resident
occupied units which comply with the following requirements:
a. Minimum bedroom mix. A minimum of seventy percent (70%) of the
project's total bedrooms shall be deed restricted affordable housing consistent
with the Affordable Housing Guidelines. The mix between categories of
housing shall be consistent with the Affordable Housing Guidelines. The
remaining bedrooms that are not deed restricted to affordable housing may be
free market residential units.
b. Permissible reduction in bedroom mix for exemplary projects. A project may
be eligible for a reduction of the minimum affordable housing bedroom mix
requirement to a level of sixty percent (60%) of the project's total bedrooms if
the applicant can demonstrate to the satisfaction of the City Council that the
project meets the requirements for an exceptional project as set forth in the
Affordable Housing Guidelines.
2. Home occupations.
3. Accessory buildings and uses.
4. Accessory dwelling units meeting the provisions of Chapter 26.520.
5. Vacation rentals. Pursuant to Section 26.575.220.
Section 11.
That Section 26.710.120. A and B of the Municipal Code of the City of Aspen, Colorado, is
hereby amended to read as follows:
Sec. 26.710.120. High Density Residential (R-3).
A. Purpose. The purpose of the High Density Residential (R-3) Zone District is to
provide for the use of land to locate manufactured housing for intensive long-term
residential purposes, short term vacation rentals, and customary accessory uses and less
intensive office uses. Recreational and institutional uses customarily found in proximity
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to residential uses are included as conditional uses. The High Density Residential (R-3)
Zone District shall be located in areas where the effect on surrounding property shall be
'minimized, where the health, safety and general welfare of the High Density Residential
(R-3) Zone District residents and others will be protected and where the topography is
suitable for the permitted uses and conditional uses allowed in the High Density
Residential (R-3) Zone District.
B. Permitted uses. The following uses'are permitted as of right in the High Density
Residential (R-3) Zone District:
1. Mobile home park.
2. Home occupations.
• 3. Accessory buildings and uses.
4. Accessory dwelling units meeting the provisions of Chapter 26.520.
5. Vacation Rentals. Pursuant to Section 26.575.220.
C. Conditional uses. The following uses are permitted as conditional uses in the
High Density Residential (R-3) Zone District, subject to the standards and procedures
established in Chapter 26.425:
1. Park and open use recreation site.
2. Public and private academic school.
3. Church.
4. Child care center.
Section 12.
That Section 26.710.130. A and B of the Municipal Code of the City of Aspen, Colorado, is .
hereby amended to read as follows:
Sec. 26.710.130. Rural Residential (RR).
A. Purpose. The purpose of the Rural Residential (RR) Zone District is to allow
utilization of land for low density, long-term residential and short term vacation rental
purposes with the recreational, institutional, public and other compatible uses customarily
found in proximity to those uses allowed as permitted uses or conditional uses.
B. Permitted uses. The following uses are permitted as of right in the Rural
Residential (RR) Zone District: .
1. Detached residential dwelling.
2. Farm building and use, provided that all such buildings and storage areas are
located at least one hundred (100) feet from pre-existing dwellings on other lots.
3. Nursery.
4. Greenhouse.
5. Home occupations.
6. Accessory buildings and uses. •
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7. Accessory dwelling units meeting the provisions of Section 26.520.040.
8. Vacation Rental. Pursuant to Section 26.575.220.
Section 13.
That Section 26.710.140. A and B of the Municipal Code of the City of Aspen, Colorado, is
hereby amended to read as follows:
Sec. 26.710.140. Commercial Core (CC).
A. Purpose. The purpose of the Commercial Core (CC) Zone District is to allow the use of
land for retail, service commercial, recreation and institutional purposes within mixed-use
buildings to support and enhance the business and service character in the historic central
business core of the City. The district permits a mix of retail, office, lodging, affordable
housing, free-market housing, and short term vacation rental uses oriented to both local and
tourist populations to encourage a high level of vitality. Retail and restaurant uses are
appropriate for ground floors of buildings while residential and office uses are not permitted
on ground floors.
B. Permitted uses. The following uses are permitted as of right in the Commercial Core
(CC) Zone District:
1. Uses allowed on basement floors: Retail and restaurant uses, office uses, uses and
building elements necessary and incidental to uses on other floors.
2. Uses allowed on the ground floor: Retail and restaurant uses and uses and
building elements necessary and incidental to uses on other floors. Office uses are
prohibited on the ground floor except within spaces set back a minimum of forty (40)
feet from a street and recessed behind the front-most street-facing façade. This
prohibition shall not apply to split-level buildings (see definition). Parking shall not
be allowed as the sole use of the ground floor.
3. Uses allowed on upper floors: Retail and restaurant uses, office uses, lodging,
timeshare lodge, affordable multi-family housing, free-market multi-family housing,
vacation rentals and home occupations.
4. Uses allowed on all building levels: Retail and restaurant uses, neighborhood
commercial uses, service uses, arts, cultural and civic uses, public uses, recreational
uses, academic uses, child care center, accessory uses and structures, storage
accessory to a permitted use, uses and building elements necessary and incidental to
uses on other floors, including parking accessory to a permitted use, and farmers'
market, provided that a vending agreement is obtained pursuant to Section
15.04.350(B). •
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•
• Section 14.
That Section 26.710.150. A and B of the Municipal Code of the City of Aspen, Colorado, is
hereby amended to read as follows:
Sec. 26.710.150. Commercial (C-1).
A. Purpose. The purpose of the Commercial (C-1) Zone District is to provide for
the establishment of mixed-use buildings with commercial uses on the ground floor,
opportunities for affordable and free-market residential density, and to support vacation
rentals of residential dwelling units. A transition between the commercial core and
surrounding residential neighborhoods has been implemented through a slight reduction
in allowable floor area as compared to the commercial core, the ability to occupy the
ground floor with offices, and a separate chapter in the commercial design guidelines
B. Permitted uses. The following uses are permitted as of right in the Commercial .
(C=1) Zone District:
1. Uses allowed on upper floors: Lodging, affordable multi-family housing, free-
market multi-family housing, vacation rentals and home occupations.
2. Uses allowed on all building levels: Retail and restaurant uses, neighborhood
commercial uses, service uses, office uses, arts, cultural and civic uses, public
uses, recreational uses, academic uses, child care center, bed and breakfast,
accessory uses and structures, uses and building elements necessary and
40 incidental to uses on other floors, including parking accessory to a permitted use,
storage accessory to a permitted use, farmers' market, provided that a vending
agreement is obtained pursuant to Section 15.04.350(b). Parking shall not be
allowed as the sole use of the ground floor.
Section 15.
That Section 26.710.170. A and B of the Municipal Code of the City of Aspen, Colorado, is
hereby amended to read as follows:
Sec. 26.710.170. Neighborhood Commercial (NC).
A. Purpose. The purpose of the Neighborhood Commercial (NC) Zone District is to
provide for the establishment of mixed-use buildings with commercial uses serving the
daily or frequent needs of the surrounding neighborhood, thereby reducing traffic
circulation and parking problems, to provide opportunities for affordable and free-market
residential density, to support vacation rentals of residential dwelling units, and to
provide a transition between the commercial core and surrounding residential
neighborhoods.
B. Permitted uses. The following uses are permitted as of right in the
Neighborhood Commercial (NC) Zone District:
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1. Uses allowed on upper floors: lodging, affordable multi-family housing, free-
market multi-family housing, home occupations, and vacation rentals.
2. Uses allowed on all building levels: retail and restaurant uses, neighborhood
commercial uses, service uses, office uses, arts, cultural and civic uses, public
uses, recreational uses, academic uses, child care center, bed and breakfast,
accessory uses and structures, uses and building elements necessary and
incidental to uses on other floors, including parking accessory to a permitted use,
storage accessory to a permitted use, farmers' market, provided that a vending
agreement is obtained pursuant to Subsection 15.04.350(b).
Section 16.
That Section 26.710.180. A and B of the Municipal Code of the City of Aspen, Colorado, is
hereby amended to read as follows:
Sec. 26.710.180. Mixed-Use (MU).
A. Purpose. The purpose of the Mixed-Use (MU) Zone District is to provide for a variety
of lodging, short term vacation rentals, multi-family, single-family and mixed-use buildings
with commercial uses serving the daily or frequent needs of the surrounding neighborhood,
to provide a transition between the commercial core and surrounding residential
neighborhoods and to provide a variety of building sizes compatible with the character of the
Main Street Historic District.
B. Permitted uses. The following uses are permitted as of right in the Mixed-Use (MU)
Zone District:
1. On historic landmark properties: Retail and restaurant uses, neighborhood
commercial uses and bed and breakfast.
2. Service uses.
3. Office uses.
4. Lodging, timeshare lodge and exempt timesharing.
5. Arts, cultural and civic uses.
6. Public uses.
7. Recreational uses.
8. Academic uses.
9. Child care center.
10. Affordable multi-family housing.
11. Free-market multi-family housing.
12. Single-family residence.
° 13. Duplex residence.
14. Two (2) detached single-family residences.
15. Home occupations.
16. Accessory uses and structures.
17. Storage accessory to a permitted use.
18. Vacation rentals. Pursuant to Section 26.575.220.
•
Ordinance 34, Series of 2011
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• Section 17.
That Section 26.710.190. A and B of the Municipal Code of the City of Aspen, Colorado, is
hereby amended to read as follows:
Sec. 26.710.190. Lodge (L).
A. Purpose. The purpose of the Lodge (L) Zone District is to encourage
construction, renovation and operation of lodges, tourist-oriented multi-family buildings
through short term vacation rentals, high occupancy timeshare facilities and ancillary
uses compatible with lodging to support and enhance the City's resort economy. — The
City encourages high-occupancy lodging development in this zone district. Therefore,
certain dimensional incentives are provided in this zone district, as well as other
development incentives in Chapter 26.470, Growth Management Quota System (GMQS).
B. Permitted uses. The following uses are permitted as of right in the Lodge (L)
Zone District:
1.. Hotel or lodge.
2. Timeshare lodge.
3. Exempt timesharing.
4. Offices and activities accessory to timeshare unit sales (see Section 26.590).
5. Bed and breakfast.
6. Conference facilities.
7. Uses associated with outdoor recreation facilities and events.
• 8. Accessory uses and structures. (Food service for on-site lodge guests is an
accessory use.)
9. Storage accessory to a permitted use.
10.Affordable multi-family housing accessory to a lodging or timeshare operation
and for employees of the operation.
11. Free-market multi-family housing.
12. Home occupations.
13. Vacation rentals. Pursuant to Section 26.575.220.
Section 18.
That Section 26.710.200. A and B of the Municipal Code of the City of Aspen, Colorado, is
hereby amended to read as follows:
Sec. 26.710.200. Commercial Lodge (CL).
A. Purpose. The purpose of the Commercial Lodge (CL) Zone District is to provide
for the establishment of mixed-use commercial and lodge development by permitting
commercial uses on the ground floor with lodging development above. The City
encourages high-occupancy lodging development in this zone district through hotel,
lodge and timeshare uses and short term vacation rentals
Ordinance 34, Series of 2011
Code Amendment-vacation rentals •
Page 15 of 19
B. Permitted uses. The following uses are permitted as of right in the Commercial
• Lodge (CL) Zone District:
1. Uses allowed in basement and ground floors: Those uses allowed in Basement
and Ground Floors, respectively, within the Commercial Core Zone District.
Uses and facilities necessary and incidental to uses on Upper Floors. Parking
shall not be allowed as the sole use of the ground floor.
2. Uses allowed on upper floors: Hotel or lodge, timeshare lodge, exempt
timesharing, offices and activities accessory to timeshare unit sales (see Chapter
26.590), conference facilities, accessory uses, storage accessory to a permitted
use, affordable multi-family housing, free-market multi-family housing, vacation
rentals (Food service for on-site lodge guests is an accessory use.)
Section 19.
That Section 26.710.310. A and B of the Municipal Code of the City of Aspen, Colorado, is
hereby amended to read as follows:
Sec. 26.710.310. Lodge Overlay (LO) Zone District.
A. Purpose. The purpose of the Lodge Overlay (LO) Zone District is to provide for lodge
uses and short term vacation rentals in areas of the City suitable for lodge accommodations
but which lie in predominantly residential neighborhoods or where there are limitations on
development that necessitate the permitted density to be significantly less than that in the
• City's other lodge Zone Districts.
B. Permitted uses. The following uses are permitted as of right in the Lodge Overlay (LO)
Zone District:
1. The uses permitted in the underlying zone district.
2. Hotel or lodge. •
3. Timeshare lodge.
4. Exempt timesharing.
5. Bed and breakfast.
6. Offices and activities accessory to timeshare unit sales (see Chapter 26.590).
7. Conference facilities.
8. Uses associated with outdoor recreation facilities and events.
9. Accessory uses and structures. (Food service for on-site lodge guests is an
accessory use.)
10. Storage accessory to a permitted use.
11. Affordable housing accessory to a lodging or timeshare operation and for
employees of the operation.
12. Free-market multi-family housing.
13. Vacation rentals. Pursuant to Section 26.575.220.
Ordinance 34, Series of 2011
• Code Amendment-vacation rentals
Page 16 of 19
• Section 20.
That Section 26.710.320. A and B of the Municipal Code of the City of Aspen, Colorado, is
hereby amended to read as follows:
•
Sec. 26.710.320. Lodge Preservation Overlay (LP) Zone District.
A. Purpose. The purpose of the Lodge Preservation (LP) Overlay Zone District is to
provide for and protect small lodge uses on properties historically used for lodge
accommodations, to permit redevelopment of these properties to accommodate lodge and
affordable housing uses, to provide uses accessory and normally associated with lodge
and affordable housing development, to permit short term vacation rentals of residential
units, to encourage development which is compatible with the neighborhood and
respective of the manner in which the property has historically operated and to provide an
incentive for upgrading existing lodges on site or onto adjacent properties.
B. Permitted uses. The following uses are permitted as of right in the Lodge
Preservation (LP) Overlay Zone District:
1. The uses permitted in the underlying zone district.
2. Hotel or lodge.
3. Timeshare lodge.
4. Exempt timesharing.
5. Bed and breakfast.
•
6. Dormitory.
• 7. Offices and activities accessory to timeshare unit sales (see Chapter 26.590).
8. Conference facilities.
9. Uses associated with outdoor recreation facilities and events.
10. Accessory uses and structures. (Food service for on-site lodge guests is an
accessory use.)
11. Storage accessory to a permitted use.
12. Affordable housing accessory to a lodging or timeshare operation and for
employees of the operation.
13. Free-market multi-family housing.
14. Vacation rentals. Pursuant to Section 26.575.220.
Section 21.
That Section 26.710.330. A and B of the Municipal Code of the City of Aspen, Colorado, is
hereby amended to read as follows:
•
Sec. 26.710.330. Ski Area Base (SKI).
A. Purpose. The purpose of the Ski Area Base (SKI) Zone District is to provide for
• areas which allow for a mixture of uses related to ski area uses and operations including,
skiing and appurtenant uses and structures, ski area administrative offices, recreation,
lodge/hotel, retail, restaurant and bar uses, tourist-oriented service uses,_residential uses,
• Ordinance 34, Series of 2011
Code Amendment-vacation rentals
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• and short term vacation rentals. It is intended that this Zone District will apply to areas
located at the base of ski areas and all development within this district will be master
planned through a planned unit development (PUD) process.
B. Permitted uses. The following uses are permitted as of right in the Ski Area
Base (SKI) Zone District:
1. Alpine and Nordic ski areas, related uses and support facilities typically associated
with the uses and operations of ski areas.
2. Lodge units.
3. Hotel.
4. Multi-family dwellings.
5. Detached residential or duplex dwellings.
6. Dining rooms, customary accessory commercial uses, laundry.and recreational
facilities located on the same site of and for guests of lodge units, hotels and
dwelling units.
7. Accessory residential dwellings restricted to Affordable Housing Guidelines and
Section 26.520.040.
8. Ski area administrative offices. •
9. Restaurants and bars.
10. Special events associated with ski areas including such events as ski races, bicycle
races and concerts; with special event committee review.
11. Parks, outdoor recreational uses and trails.
12. Recreational facility.
• 13. Retail establishments.
14. Public transportation stop.
15. Terminal building and transportation related facilities.
16. Medical clinicraccessory to the ski area.
17. Fire, police and emergency services facilities.
18. Accessory buildings and uses.
19. Outdoor vendor carts or areas for food and beverages sales and preparation.
20. Timeshare lodge.
21. Exempt timesharing.
22. Vacation rentals. Pursuant to Section 26.575.220.
Section 22. Effect Upon Existing Litigation.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the ordinances repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 23. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
• Ordinance 34, Series of 2011
Code Amendment-vacation rentals
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• separate, distinct and independent provision and shall not affect the validity of the remaining
portions thereof.
Section 24. Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall
•
become effective thirty(30)days following final passage.
Section 25. Notice of Public Hearing. -
A public hearing on this ordinance shall be held on the 12th day of December, 2011, at a meeting of
the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall,
130 S. Galena St., Aspen, Colorado, a minimum of fifteen days prior to which hearing a public
notice of the same shall be published in a newspaper of general circulation within the City of Aspen.
FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ AND ORDERED
PUBLISHED as provided by law, by the City Council of the City of Aspen on the 14th day of
November, 2011.
Attest:
44/
•"el a JOI
•
Kathryn S. Kl, City Clerk Michael C. reland, . yor
FINALLY,adopted, passed and approved this 26th day of March,2012. •
Attest:
AjerArA
Kathryn S. Koif ity Clerk Michael C. Ireland, Mayor
Approved as to form:
ity Attorney •
• Ordinance 34, Series of 2011
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