HomeMy WebLinkAboutresolution.hpc.08.2025RESOLUTION #08
SERIES OF 2025
A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION
RECOMMENDING APPROVAL BY CITY COUNCIL FOR THE AMENDMENT OF CITY
OF ASPEN LAND USE CODE SECTION 26.530 — SHORT TERM RENTAL
REGULATIONS, AND SECTION 26.104.100 — DEFINITIONS
WHEREAS, pursuant to Section 26. 310. 020(A), during a regular City Council meeting
on December 14, 2021, City Council adopted Ordinance # 026, Series of 2021, by a unanimous
affirmative vote placing, a moratorium on the issuance of new short- term rental (STR) permits
until September 30, 2022; and,
WHEREAS, during a duly noticed public hearing on June 28, 2022, City Council
approved Ordinance #09, Series of 2022 at Second Reading by a unanimous affirmative vote,
establishing a robust set of regulations governing the licensing, permitting, capping, inspecting,
enforcing, and creation of a new fee structure for services performed for STRs; and,
WHEREAS, Ordinance # 09, Series of 2022 became effective on July 29, 2022, and at the
expiration of the moratorium created by Ordinance #026, Series of 2022, the City began issuing
new STR permits on October 1, 2022; and,
WHEREAS, during a Work Session on February 24, 2025, staff updated City Council on
the STR program, and during that meeting received majority direction from City Council to
proceed with exploring policy updates for administrative topics and future policy related topics
related to streamlining STR permit application requirements, increasing compliance with existing
regulations, providing exemptions for unique circumstances unaccounted for in the current STR
regulations, and the R/MF Zone District permit cap number; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public hearing
on June 24, 2025, the City Council approved Resolution #077, Series of 2025, by a five to zero (5-
0) vote, requesting a code amendment to the Land Use Code; and,
WHEREAS, amending the Land Use Code from time to time is necessary to ensure the
ongoing effectiveness, coordination, and viability of the regulations within the City of Aspen Land
Use Code; and,
WHEREAS, Section 26.104.100, Definitions; Section 26.530, Short-term Rental
Regulations; and other sections of the Land Use Code, as necessary, are being proposed for
amendments; and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department, following approval of Resolution #077, Series of 2025, is conducting a limited public
outreach effort to inform the public, STR program participants, the Historic Planning Commission,
the Planning and Zoning Commission, and members of the STR Technical Advisory Committee
of the proposed updates; and,
HPC Resolution #08, Series of 2025
Recommendation for STR Policy Updates
Page 1 of 3
WHEREAS, Community Development has presented a memorandum outlining the
proposed topics for code amendments with the Historic Preservation Commission; and,
WHEREAS, at a regular meeting on August 13, 2025, the Historic Preservation
Commission considered the proposed topics for code amendments, and reviewed staff s memo,
and by a four — zero (4-0) vote approves Resolution #08, Series of 2025, recommending Council
consideration and approval of amending Section 26.530 — Short-term Rental Regulations and
26.104.100 — Definitions with an amended motion to recommend to City Council that the R/MF
Zone District caps remain as is and unchanged.
NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION
COMMISSION OF THE CITY OF ASPEN, COLORADO THAT:
Section 1:
The Historic Preservation Commission recommends the Land Use Code Section 26.530 — Short
Term Rental Regulations, and Section 26.104.100 — Definitions be rescinded and readopted as
described in Exhibit A.
,qection 2:
Any scrivener's errors contained in the code amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Section 3:
This resolution 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 resolutions or ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
resolutions or ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining portions
thereof.
FINALLY, adopted, passed, and approved this 13' day of August, 2025.
Approved as to form: Approved as to content:
uisa'Berne, Assistant City Attorney
Kar ompson, Ch r
HPC Resolution #08, Series of 2025
Recommendation for STR Policy Updates
Page 2 of 3
Attest:
Mike ea , Deputy City Clerk
Exhibit A — Draft Redlines
UPC Resolution #08, Series of 2025
Recommendation for STR Policy Updates
Page 3 of 3
Chapter 26.104. — GENERAL PROVISIONS
Sec. 26.104.100. Definitions.
As used in this Code, unless the context otherwise requires, the following terms shall be defined as follows:
Short-term Rental Service. A person or company that operates a website or any other digital or print
platform that provides a means through which a property owner or their representative may offer a residential
property or dwelling unit, or portion thereof, for short-term rentals, and from which the person or company
financially benefits.
Aspen, Colorado, Municipal Code
(Supp. No. 6, Update 2)
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Page 1 of 13
Chapter 26.530. SHORT-TERM RENTAL REGULATIONS'
Sec. 26.530.010. Purpose.
The purpose of this Chapter is to regulate short-term rentals (STRs) as a land use within the City of Aspen.
STRs are an important component of the City's lodging bed base, support a vibrant tourist economy, and provide
real property owners with STIR permits significant financial benefit. STRs influence property value and occupancy
patterns of residential dwelling units. STRs influence neighborhood character by introducing commercial lodging
uses in residential neighborhoods. STRs require services and infrastructure to operate. STRs°further reduce the
potential availability of long-term rental housing to support the local economy and community.
STRs require regulation as a distinct land use to ensure the health, safety, pe"a'Ce, atd-welfare of the
community through the application of zoning police powers. The following regulations suopprt the operation of
STRs balanced with community policies related to housing, development, growth management, and a sustainable
economy as described in the Aspen Area Community Plan.
(Ord. No. 9-2022, § 4, 6-28-2022)
Sec. 26.530.020. Applicability.
(a) This Chapter applies to all STRs in the City of Aspen. STRs are required to,o% ain a permit in accordance with
their type and operation as defined in this Sectic::STRs operating without'a permit are subject to
enforcement as defined in Section 26.530.060, 4for6ere�t,.
(b) It shall be unlawful for any person, whether a prig
or for any other person for anybody, corporation
obtaining an STIR permit in accordance with the p
(Ord. No. 9-2022, § 4, 6-28-2
I a agent; clerk, or employee, either for him or herself,
erwise, to lease or operate an STIR without first
ions and procedures of this Section.
Sec. 26.530.030. Permitting reqiement.
(a) Permits. Any property rented as an STR-shall require a permit to operate. Permits shall be approved,
approved wt coriit).ns, or denied by'the Community Development Director based on the following
criteria;f,"
(1) Per,, tttee. Permits.shall only be issued in the name of one (1) natural person who has an ownership
interes#�J the prooe ty for which the permit is issued ("Permittee").
(2) Permit Nu r:"TR permits are issued a unique permit number. That permit number shall be clearly
displayed in all advertising and listings of the STIR, including but not limited to all digital and print
advertising. The permit number must be listed in the STIR, along with permittee and/or qualified
'Editor's note(s)—Prior to the reenactment of Chapter 26.530 by Ordinance No. 9-2022, § 1, adopted June 28,
2022, said chapter was repealed by Ordinance No. 14-2007 § 1. Former Chapter 26.530 pertained to the
resident multi -family replacement program and was derived from Ordinance No. 40-2002 § 2 as amended by
Ordinance No. 51-2003 § 1.
Aspen, Colorado, Municipal Code
(Supp. No. 6, Update 2)
Created: 2025-07-23 07:02:07 [EST]
Page 2 of 13
owner's representative and emergency contact information as part of the in -unit Community
Messaging Program described in the STR Program Guidelines.
(3) Permit Application Contents. The following information is required for STR permit applications: the
owner(s) of the property, the name and contact information of the proposed permittee; if title to the
subject property is held by a corporation, partnership, association, or company, the name and contact
information of any officer, director or stockholder holding ten (10) percent or more of the interests in
the corporation, partnership, association, or company; the property address, Pitkin County parcel
identification number; Pitkin County owner name; number of bedrooms and pillows in the unit in its
largest configuration; size of heated area of the STR residence, and all previous notices of code
violations or complaints filed against the property.
(4) Licensing. STRs are required to maintain a City of Aspen Business License and are required to remit
lodging and sales tax in accordance with Municipal Code regulations and Finance Department policies.
The STR-Program Guidelines include details about licensing and tax compliance standards and
procedures.
(5) Non -Transferability. Commencing October 1, 2022, STR permits shall be granted only for the property
for which it is issued and solely to the permittee to whom it is issued. The permit shall not be
transferable to any other person, legal entity, or residential address.. with limited exemptions granted
only in the event of the permittee's divorce or death as outlined in Sec 23.48.040.d-e. If the property is
owned by a partnership, corporation, association or company, a transfer shall be deemed to occur if
the permittee transfers his or her interest in the property to a third -party individual or entity or if more
than ten (10) percent of the partnership, corporation, association, or company is transferred to a third -
party individual or entity, even if the permittee retains an ownership interest in the property. Upon
such transfer of ownership, the permit shall be deemed terminated and revoked and the new owner of
the property shall be required to apply for a new STR permit if it wishes to continue the use of the
property as a vacation rental. The STR permit shall include a non -transferability clause and notice that
the permit shall be deemed terminated and revoked automatically upon the sale or change of
ownership of the property for which a permit has been issued, as described herein.
(b) Permit Types. STRs shall be eligible for one (1) of three (3) permit types: Short-term Rental Classic, Owner -
Occupied Short-term Rental, or Lodging Exempt Short-term Rental. The ability to obtain an STR permit is
conditioned upon the permittees consent of the eligibility, requirements, and standards for each permit type
as follows:
(1) Short-term Rental Classic (STR-C). This permit is issued only to residential units located in eligible zones
and the approved use of which is not a Lodge use. (Condo -hotel properties must apply for a Lodging -
Exempt STR permit.)
a. STR-C permits shall be renewed annually and are assessed an annual permit fee in accordance
with Section 26.530.0180, Fees.
b. STR-C permits are subject to the life -safety standards and the operational standards described in
this Chapter and the STR Program Guidelines.
There is no annual limit on the number of nights an STR-C permittee may operate the STR unit.
Bedrooms, lock -offs, or portions of the residential unit, in addition to the whole residential unit,
may be rented. Occupancy for the unit is limited by the standards described in Section
26.530.050.
(2) Owner -occupied Short-term Rental (STR-00). This permit is issued only to owner -occupied residential
units, where the property is the primary residence of the permittee. Part 700 of this Title describes the
zone districts where STRs are a permitted use.
(Supp. No. 6, Update 2)
Created: 2025-07-23 07:02:07 [EST]
Page 3of13
STR-00 rental permits shall be renewed annually and are assessed an annual permit fee in
accordance with Section 26.530.0-?M0, Fees.
b. STR-00 are subject to the life -safety standards for STRs described in this Chapter and the
Program Guidelines, and who must have two (2) of the following valid documents indicating that
the STR is the applicant's primary residence:
i. valid Colorado driver's license;
ii. valid motor vehicle registration;
iii. voter registration;
iv. Federal or state tax return; or
V. other legal documentation deemed sufficient by the Community Development Director
which is pertinent toward establishing principal residence.
(3) Lodging Exempt Short-term Rental (STR-LE). Lodges and condo -hotels which meet the definition of
Lodge are eligible for STR-LE permits.
a. For eligible properties, only one (1) permit is required for all units under management.
b. In addition to the limitations of the definition of Lodge and/or Condo -hotel, Lodging Exempt
eligible properties must offer STR units under a unified brand and marketing model where
individual ownership of units is secondary to the central brand of the property.
C. Lodging Exempt permittees must submit an affidavit attesting to their eligibility.
d. STR-LE permits must be renewed annually and are assessed an annual permit fee in accordance
with Section 26.530.0-780, Fees. To ensure ongoing eligibility for the STR-LE permit, permittees
are subject to the Lodging Occupancy Auditing regulations in Section 26.575.210.
(4) Temporary Short-term Rental (STR-T). An STR-T permit may be issued to a residential unit in eligible
zones for the sole purpose of allowing a new property owner to honor booking reservations made by the
previous owner that post-date the sale of the property.
a. STR-T permits are valid for a maximum of ninety (90) days from the date of issuance and are not
eligible for renewal after the permit expiration date.
b. STR-T permits are assessed a one-time administrative permit fee in accordance with Section
26.530.080, Fees.
c. STR-T permit applications must be submitted within fifteen (15) days from the date of transfer of
property ownership. Proof of purchase or ownership transfer is a required submission with each
STR-T permit application. All existing short-term rental reservations made prior to the property
sale must be declared on an application for a STR-T permit.
d. STR-T permits are subject to public notice requirements in Section 26.304.060(e)(3)b. Manner of
Notice. Proof of notice is a required submission with the STR-T permit application. A waiting
period during the posted notice and prior to permit issuance is not required.
e. STR-T permits are subject to the life -safety and operational standards described in this Chapter
and the STR Program Guidelines.
f. STR-T permittees may not accept any new STR bookings for the duration of the STR-T permit.
g. Advertising short-term rentals at an STR-T property is not permitted. All pre-existing short-term
rental advertisements for the STR-T property must be deactivated, removed, or otherwise made
unavailable to prospective customers for the duration of the STR-T permit.
(Supp. No. 6, Update 2)
Created: 2025-07-23 07:02:07 [EST]
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h. Failure to comply with the STR-T permit requirements is a violation of the municipal code and
subject to fines and penalties as stated in 26.530.070 Enforcement.
(c) Zoning Limitations. STR-C permits are limited by number in residential zone districts. Refer to Part 700 of this
title for permitted uses by zone to assess where STR-Cs are permitted. In zones where STIR is not a permitted
use, it is a prohibited use.
(1) STR-C permits are limited by number in specific zone districts as follows:
a. RR: Two (2) permits;
b. R-3: One (1) permit;
C. R-6: Eighty-one (81) permits;
d. R-15: Forty-seven (47) permits;
e. R-15A: Eight (8) permits;
f. R-1513: Twelve (12) permits;
g. R-30: One (1) permit;
h. R/MF: One hundred ninety (190) permits;
i. R/MFA: Twelve (12) permits;
j. AH: Nine (9) permits;
k. MU: Thirty-nine (39) permits;
I. NC: One (1) permit;
M. SCI: Two (2) permits;
n. SKI: Two (2) permits.
(2) There is no limit to the number of STR-C permits in the following zone districts: Commercial (C-1),
Commercial Core (CC), Lodge (L), Commercial Lodge (CL), Lodge Overlay (LP), Lodge Preservation
Overlay (LO).
(3) STR-00 are not limited by number in any allowable zone district. Refer to Part 700 of this title for zone
districts where STR is a permitted use.
(4) STR-LE are not limited by number in any allowable zone district. Refer to Part 700 of this title for zone
districts where STIR is a permitted or prohibited use.
(Ord. No. 9-2022, § 4, 6-28-2022)
Sec. 26.530.040. Permit procedures and standards.
Prior to the issuance of an STR permit, the permit application will be reviewed for compliance with the
following standards.
(a) Zoning Compliance. All STR permits must comply with zoning regulations for the zone district in which
they are located. STIR permit applications shall include the Parcel Identification Number and residentia
address including unit number for the property to ensure compliance with underlying zoning. Zone
district STIR regulations, including permitted uses and cap limitations, may change over time per City
(Supp. No. 6, Update 2)
Created: 2025-07-23 07:02:07 [EST]
Page 5 of 13
Council action. Possession of an STR permit does not supersede compliance with zone district STR
regulations.
(b) Life -safety Compliance and Inspection.
(1) Required Noticing. All new STR-C and STR-00 applica44t-stions for properties located in zone
districts with caps on the number of permits shall comply with neighborhood noticing
requirements per Section 26.304.060(e)(3)b.—c., Manner of Notice. New STR-C and STR-00
applications for properties located in zone districts without caps on the number of permits shall
comply with neighborhood noticing requirements per Section 26.304.060.E.3.b, Manner of
Notice. All STR-T applications shall comply with neighborhood noticing requirements per sectior
Section 26.304.060.E.3.b. Manner of Notice. STR-LE applications are exempt from this provision.
(2) Inspections. By signing and submitting an STR permit application, and subsequently being granted
a permit, the owner(s) of the property shall consent to inspections of the property by City of
Aspen personnel and their agents for the purpose of determining compliance with City Codes,
Regulations and Laws. No inspection will be made without first giving the permittee and, if
applicable, the qualified owner's representative, forty-eight (48) hours' notice of the inspection.
(3) Life -Safety. STRs are required to comply with all applicable life -safety standards in Municipal
Code Title 8 and the STR Program Guidelines, as amended from time to time. Life -safety
standards including: fire suppression, occupancy limitations, mechanical codes, emergency
contacts and procedures, and inspections.
(c) Qualified Owner's Representative. Permittees who cannot meet requirement for regulatory
compliance, in -person service, emergency response and other regulations in this title may designate a
qualified owner's representative. A qualified owner's representative shall be a natural person residing
in the Roaring Fork River Drainage area situated in Eagle, Pitkin, Garfield or Gunnison Counties, or
within the Colorado River Drainage area from and including the unincorporated No Name area to and
including Rifle. The qualified owner's representative is designated by the permittee who is the property
owner as the point of contact for the permitted STR. For permittees that designate a qualified owner's
representative, the qualified owner's representative shall be responsible for responding to tenant and
City inquiries, complaints, enforcement actions, and other on -site needs.
(1) If a qualified owner's representative is designated for an STR, the qualified owner's
representative must have a City of Aspen business license. The qualified owner's representative
shall be listed on the STR permit for the property including the qualified owner's representative's
name, entity or company name, telephone number, email address, and physical address.
(2) STR permittees who designate a qualified owner's representative are liable for compliance with
applicable Land Use Code and Municipal Code regulations. The qualified owner's representative
is not legally liable for violations of this Section or compliance with applicable Municipal Code
regulations but is responsible for notifying the permittee when a violation has occurred.
(3) The name, address, and telephone number(s) of the qualified owner's representative, as shown
on the STR permit, shall be made available to the Community Development Department, the
Aspen Police Department, and the Aspen Fire Protection District. Any change to the qualified
owner's representative or permittees' contact information shall be promptly furnished to the City
of Aspen via a revised STR permit application within ten (10) days. Failure of the permittee to
provide or update the qualified owner's representative contact information to the City shall
constitute an enforcement violation subject to actions and penalties as described in Section
26.530.0670, Enforcement.
(4) The permittee, or if designated, the qualified owner's representative, shall be available twenty-
four (24) hours a day, year-round to ensure that the property is maintained and operated as
(Supp. No. 6, Update 2)
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Page 6 of 13
required by Land Use Code standards and the STIR Program Guidelines. The permittee, or if
designated, the qualified owner's representative, shall respond to service or compliance inquiries
from occupants and City officials, and shall be available to be at the property within two (2) hours
in an emergency. Failure of the permittee, or if designated, the qualified owner's representative,
to respond to a call from a tenant or the Community Development Director within twenty-four
(24) hours shall result in an enforcement violation subject to actions and penalties as described in
Section 26.530.0670, Enforcement, against the permittee.
(d) Permit application, fees, issuance, renewal, revocation, and abandonment.
(1) Application. Permit applications shall be received and processed on a first -come, first -served
basis. The Community Development Director shall deem applications complete based on the
requirements of this Chapter and the standards in the STIR Program Guidelines. Only complete
STR permit applications shall be accepted and reviewed. An application shall only be complete
when all information, tasks, and administrative fee payments required for the application type
have been submitted by the applicant and received by the City of Aspen.
(2) Fee payment. Permit fees shall be remitted at the time of permit application and cover the cost
of processing the application. Application fees are nGnrefyRel ,'non-refundable.
(3) Neighborhood noticing. Upon application for a new STR-C or STR-00 permit7 for a property
located in a zone district with a cap on the number of allowable permits, the applicant shall
provide neighborhood noticing in accordance with Section 26.304.060(e)(3)b.—c. Manner of
Notice. Upon application for a new STR-C or STR-00 permit for a property located in an zone
district without a cap on the number of allowable permits, the applicant shall provide
neighborhood noticing in accordance with Section 26.304.060.E.3.b, Manner of Notice. Upon
submission of an STR-T application, the applicant shall comply with neighborhood noticing
requirements in Section 26.304.060.E.3.b, Manner of Notice. Annual STR permit Permit renewals
do not require neighborhood noticing. Permits shall be approved, approved with conditions, or
denied following the notice period. STR-LE are exempt from this provision.
(4) HOA compliance. Pit -New STR permit applications for residential properties which are in a
Homeowners Association (HOA) must include HOA approval for the applicant to operate an STR
in the form of a signed letter, including telephone and email contact information for the HOA,
with the permit application. Annual STR permit renewals do not require an updated HOA
approval letter. Permittees shall notify the City of Aspen if any HOA permissions change
regarding short-term rentals at any point during the life of an issued permit.
(5) Issuance. Permits shall be approved, approved with conditions, or denied within twenty-one (21)
working days of the closure of the notice period described above. The Community Development
Director may issue permits with conditions based on review of the permit application and public
comment. The review and issuance period for individual permit applications may be extended at
the direction of the Community Development Director.
(6) Waitlist. Once the permit limit is reached for each zone district, applicants will be placed on a
waitlist for the next available permit in the order in which the application was received.
A waitlist applicant shall be a natural person. The residential address included in the waitlist
application must match the residential address for which the subsequent permit is issued.
Applicants who sell the property for which the permit is sought shall be removed from the
waitlist. As permits become available, waitlist applications shall be reviewed and approved,
approved with conditions, or denied. If the property has been found in violation of this Chapter
during the waitlist period, the application shall be denied.
(Supp. No. 6, Update 2)
Created: 2025-07-23 07:02:07 [EST]
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(7) Renewal. STR permits shall be renewed annually in accordance with the procedures in the STR
Program Guidelines. Only complete STR permit renewal applications will be accepted for annual
STR permit renewal. An application shall be complete when all information, tasks, and
administrative fee payments required for the application type have been submitted by the
applicant and received by the City of Aspen. Failure to renew a permit within fourteen days (14)
of the permit expiration date shall result in the abandonment of the permit. STR-T permits are
not eligible for renewal and expire automatically upon the expiration date of the Dermit.
(8) Tax filing. STRs must be occupied by a short-term renter a minimum of once per year, as shown
in tax filings, to be eligible for renewal. Permits with one (1) year of zero tax filings from the date
of permit issuance or renewal will be considered abandoned and .,`,-processed in accordance
with the standards in this Chapter.
STRs that obtain active building permits may be eligible for a one-time exemption from the Tax
Filing requirement. STR-permitted properties that experience an "act of nature" emergency that
renders the Droperty uninhabitable may also be eligible for an exemption from the Tax Filing
requirement.
Buildina Permit Exemptions. STR Dermittees may aDDly for a one-time permit
renewal exemption if the STR property is under construction. To apply for a building
permit exemption, the permittee must notify the Community Development Director
in writing within 14 days of the date of issuance of the building permit. Building
permit exemptions are granted at the discretion of the Community Development
Director with proof of a valid building permit.
(ii) Act of Nature Exemptions. STR permittees may apply for a permit renewal
exemption due to an "act of nature" that renders the property uninhabitable. To
apply for an act of nature exemption, the permittee must notify the Community
Development Director in writing that the STR property has experienced an act of
nature within 30 days of the incident. An "act of nature" is defined as "an accident
or other natural event caused without human intervention that could not be
prevented by reasonable foresight or care." Example acts of nature include forest
fires, floods, landslides, or other unforeseen natural events. Act of nature
exemptions are granted at the discretion of the Community DevelopmenL Director
with sufficient proof of uninhabitability.
(9) Abandonment. STR-C and STR-00 permits shall be valid for one (1) year from the date of issuance
and shall be renewed annually. Failure to renew a permit in accordance with the STR Program
Guidelines will result in the abandonment of the permit. STR permits may be abandoned by
permittees at any time by notifying the Community Development Director of the intent to
abandon the permit. Abandoned permits will be made available to the next applicant on a first -
come, first -served basis or the next applicant on the waitlist for that zone district in accordance
with the STR Program Guidelines. STR-LE are exempt from this provision.
(10) Revocation. STR permits may be revoked by the Community Development Director for any of the
following reasons: three (3) violations of the requirements of this Chapter and applicable
Municipal Code standards as described in the STR Program Guidelines, failure to rent the
property during the term of the permit, failure to pay STR taxes and fees, or violations of the
requirements of this Section.
(Ord. No. 9-2022, § 4, 6-28-2022)
(Supp. No. 6, Update 2)
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Sec. 26.530.050. Occupancy and operational standards.
Prior to the issuance of an STR permit, the permit application will be reviewed for compliance with the
following standards.
(a) Occupancy limits and unit size. STRs arc limited to a total occupancy of two (2) occupants per bedroom
plus two (2) additional occupants, studios are limited to a total occupancy of two (2) occupants plus
one (1) additional occupant. Permit applications are required to list the number of bedrooms in the
unit at its largest configuration. STRs may be inspected for accuracy of bedroom count on the permit
application and for compliance with these occupancy requirements. For the purpose of establishing
unit occupancy, a studio shall have an occupancy of two (2) occupants plus one (1) additional occupant.
Occupancy for each STR shall be included in all STR advertising, the in -unit messaging, and permit on
display in each permitted STR. Bedrooms, lock -offs, or portions of the residential unit, in addition to
the whole residential unit, may be rented.
(b) Annual rental night limits. STR-00 are limited to one hundred twenty (120) short-term rental nights
per year from the date of permit issuance. There is no annual limit on the number of nights per year an
STR-C can be rented. There is no annual limit on the number of nights per year an STR-LE can be
rented.
(c) Good neighbor guide. STRs are required to operate in accordance with all applicable Municipal Code
regulations protecting the health, safety, and peace of the community and supporting the maintenance
of community character and values. STR owners and permittees are required to assist STR occupants in
being 'good neighbors' by recognizing their obligation to following the rules and customs of the
community. To support these community goals, the Community Development Department maintains
the Short-term Rental Program Guidelines, Good Neighbor Guide, and collaborates with non-
governmental organizations to promote good neighbor behavior by visitors.
(1) STR-C and STR-00 permittees, and if designated, their qualified owner's representatives must
comply with the policies described in the City of Aspen Good Neighbor Guide and provide that
information at all times to occupants of the unit.
(2) In -unit messaging is essential to assisting STR occupants in supporting the City's good neighbor
policies, ensuring STRs in neighborhoods support community character, and assisting in the
promotion of Aspen's community character. The following notices shall be posted in a
conspicuous location inside the rental unit:
A copy of the STR-C or'STR-00 permit;
STR license and business number;
iii. The name, address, and telephone number(s) of the permittee or qualified owner's
representative;
iv. A statement which reads: Occupants shall comply with the City's Noise Ordinance;
V. The location of the required parking spaces;
vi. Wildlife protection policy;
vii. The location of the fire extinguisher;
viii. Information on the trash, recycling, and composting programs including:
(Supp. No. 6, Update 2)
Solid waste pickup schedules;
b. Guidelines on living with wildlife and instructions for operating wildlife
containers; and
Created: 2025-07-23 07:02:07 [EST]
Page 9 of 13
C. A notice that trash and recycling containers must be stored indoors except
between 6:00 a.m. and 6:00 p.m. on the day of scheduled trash or recycling
pickup, where they may be placed at the curbside or in alleys;
ix. City of Aspen emergency services information and contact information,
X. The City of Aspen's Good Neighbor Guide.
(d) Adoption of and compliance with STR program guidelines. The City Council hereby adopts the Short-
term Rental Program Guidelines. The Community Development Department shall keep on file and
make available to STIR permittees, and if applicable, qualified owner's representatives. These guidelines
set forth the standards, procedures, and supplemental information necessary for the operation of an
STR within the City of Aspen. The Community Development Director may use the guidelines as a basis
for enforcement actions in accordance with the requirements of this Chapter. The Guidelines may be
updated, amended, and expanded from time to time by City Council Resolution.
(Ord. No. 9-2022, § 4, 6-28-2022)
Sec. 26.530.060. STR Advertising Requirements.
STR permittees shall be responsible for ensuring any advertisements for the STR propertV are in
compliance with this Chapter. Short-term rental services shall be responsible for ensuring all advertisements of STR
properties within the City of Aspen that are listed throughout their platforms comply with the advertising
requirements in this Chapter. Following the issuance of an STR permit, the permittee and all short-term rental
services will be reviewed for compliance with the following standards.
(a) Permittee Advertising Requirements.
STR owners. Dermittees. and/or their representatives shall ensure that anv advertisements of the STR
property show the valid City of Aspen STR permit number and maximum occupancy for the property in all
listings that advertise short-term rentals of the property.
(1) The STR permit number for the property, as found on the valid City of Aspen STR permit issued to
the propertV owner, must always be visible on anV STR advertisement. The permittee shall enter
the permit number in the advertisement title, the advertisement description, or the designated
permit number field of the advertisement.
(2) Maximum occupancV for the propertV, as found on a valid CitV of Aspen STR permit issued to the
propertV owner, must always be visible on any STR advertisement. The permittee shall enter the
maximum occupancy in the advertisement title, the advertisement description, or the designated
occupancV field of the advertisement.
3) Permittees that are on a waitlist for an STR-C permit shall not advertise for short-term r
the Droperty unless thev hold a valid STR-00 or STR-LE Dermi
4) STR-T Dermittees shall not advertise short-term rentals of the DroDerty for the duration of the STR
T permit.
(5) STR advertisements where the maximum occupancV is missing, the STR permit number is invalid or
expired, where the STR permit has been revoked, or where the propertV has a valid STR-T permit or is
on a waitlist for STR permit, are subject to enforcement and penalties pursuant to 26.530.070.(b)
Enforcement and Penalties, including revocation of the existing STR permit and/or the inability to
obtain an STR permit in the future if the property is found to be advertised for short-term rentals
while the propertV is on a waitlist for STR permit or has a valid STR-T permit.
(b) Short-term Rental Service Advertising Requirements.
(Supp. No. 6, Update 2)
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Page 10 of 13
Pursuant to CRS 30-150-401(1)(s)(III), all short-term rental services that display short-term rental
advertisements for properties in the City of Aspen shall require that each permittee or their representatives
using the short-term rental service include a valid STR permit number issued by the City of Aspen to the
property owner in any advertisement for a short-term rental on the short-term rental service platform.
(1) A short-term rental service displaying advertisements for STR properties in the City of Aspen shall
require that the STR property owner, permittee, or their representative include a valid STR permit
number issued by the City of Aspen and the maximum occupancy for the STR property in each
advertisement on the short-term rental service platform.
A short-term rental service shall remove any STR advertisement from the platform after receiving
notification by City of Aspen that the STR permit number associated with the listing is missing, invalid,
or expired, or that the STR permit associated with the property has been revoked, or that the City of
Aspen has a prohibition on STRs that applies to the property in the advertisement, or that the
maximum occupancy for the STR unit is missing, invalid, or expired. The notification shall include the
advertisement URL, the reason that removal of the advertisement is required, and any other
identifying information available to the City of Aspen. The short-term rental service shall remove the
advertisement from the platform within fourteen (14) days of receiving the notification from the City
of Aspen.
A short-term rental service that fails to remove a STR advertisement from the platform within fifteen
15 or more days of receiving a removal notification from the City of Aspen shall be subject to
enforcement and aenalties aursuant to 26.530.070(b) Enforcement and Penalties.
Sec. 26.530.0760. Enforcement.
The City of Aspen actively enforces its STR regulations through inspections, citizen complaints, audits, and
permitting. These measures ensure that STRs reinforce, not undermine, community policies and character. Active
enforcement ensures that visitors who choose to stay in STRs are informed of the unique qualities of mountain
living and enhance our community culture by being good visitors and acting as neighbors and community members
during their stay. STR permittee, and if applicable, qualified owner's representative, play an essential role in
supporting and advancing these policies and supporting the City's enforcement activities.
(a) Falsifying Information. Falsifying information on an STR permit application or any related document is a
violation of Municipal Code and subiect to Penalties.
LW_Complaints. Any valid complaint received regarding the STR property will first be referred to the
permittee, and if applicable, qualified owner's representative for response and correction. The
Community Development Director will follow up with any complaining party, the permittee, and if
applicable, qualified owner's representative, for compliance or resolution. The permittee or qualified
owner's representative must respond to all complaints or inquiries from City officials within twenty-
four (24) hours and occupant complaints within two (2) hours. The City of Aspen is not responsible for
complaints against a HOA, hotel, or condo-hotel's own guidelines outside of the City's code, rules and
regulations. Failure to respond within twenty-four (24) hours shall result in a notice of violation and
demand to cure. All valid complaints will be recorded and kept on -file including the address, permittee,
permit number, business license number associated with the complaint, and the complainer's name
and contact information.
(J3_j Enforcement and Penalties. Upon receipt of a eernp4a,4complaint, the Community Development
Department shall investigate and if it is determined there are grounds to believe a violation of this
Chapter or any STR rules and regulations may have occurred, the Community Development Director
may issue an Administrative Notice of Violation to the permittee. The Director shall revoke the STIR
permit of any permittee who receives three (3) Administrative Notices of Violation within the one (1)
year permit cycle, effective upon mailing notice to the permittee's address on file. The permittee may
(Supp. No. 6, Update 2)
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Page 11 of 13
appeal the decision to revoke the STR permit by providing notice of appeal to the Community
Development Director within fourteen (14) days of the date of the decision to revoke the permit. The
Administrative Hearing Officer shall hear appeals brought pursuant to this subsection (b). Appeals shall
be governed by the procedures set forth in Section 26.316.030.
(1) Penalty. Any permittee that violates or allows another to violate any section of this Title shall be
subject to prosecution in Municipal Court and upon conviction subject to the fines and penalties
set forth in Section 1.04.080. A first offense shall be punishable by a fine of no less than five
hundred dollars ($500.00). Each day of any violation of this Section shall constitute a separate
offense.
(2) Civil Remedies.
a. The City Attorney may institute injunctive, abatement, or other appropriate action to
prevent, enjoin, abate or remove a violation of this Title when it occurs. The same right of
action shall accrue to any property owner who may be especially damaged by violation of
this Title.
b. In addition to the penalties and remedies set forth herein, an STR permit shall be
automatically revoked by the Community Development Director upon the third conviction
of a violation of this Title by the permittee of the property subject to the permit within the
one (1) year.
C. Until paid, any delinquent charges, assessments, or taxes made or levied by the City
pursuant to this Title shall, as of recording, be a lien against the property on which the
violation has been found to exist. If not paid within thirty (30) days from the date of
assessment, the City Clerk may certify any unpaid charges, assessments, or taxes to the
Pitkin County Treasurer to be collected and paid over by the Pitkin County Treasurer in the
same manner as taxes are authorized to be by statute together with a ten (10) percent
penalty for costs of collection. Any lien placed against the property pursuant to this
Chapter shall be recorded with the Pitkin County clerk and recorder.
(Ord. No. 9-2022, § 4, 6-28-2022)
Sec. 26.530.08-70. Fees.
STR permits are assessed an annual fee per unit, remitted at the time of permit application, in accordance
with the following table.
Annual Administrative Fee
STR-Classic:
$394.00
STR-Owner-occupied:
$394.00
STR-Temporary:
394.00
STR-Lodging Exempt:
$148.00/unit
Table l: Fee Schedule
(Ord. No. 9-2022, § 4, 6-28-2022)
(Supp. No. 6, Update 2)
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Page 12 of 13
Sec. 26.530.0,"94"'0. Appeals.
Permittees may appeal decisions made by the Community Development Director in the enforcement of this
Chapter. Appeals will be heard by the Administrative Hearing Officer in accordance with Section 26.316.020(d).
Appeals shall be processed in accordance with Section 26.316.030.
(Ord. No. 9-2022, § 4, 6-28-2022)
(Supp. No. 6, Update 2)
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