HomeMy WebLinkAboutordinance.council.08-25ORDINANCE #08
SERIES OF 2025
AN ORDINANCE OF THE ASPEN CITY COUNCIL ADOPTING AMENDMENTS TO THE
LAND USE CODE RELATED TO SECTION 26.104.100, DEFINITIONS, AND SECTION
26.530, SHORT-TERM RENTAL REGULATIONS FOR THE PURPOSE OF
STREAMLINING SHORT-TERM RENTAL PERMIT APPLICATIONS AND
INCREASING COMPLIANCE WITH EXISTING REGULATIONS.
WHEREAS, the City of Aspen (the "City") is a legally and regularly created, established,
organized and existing municipal corporation under the provisions of Article XX of the Constitution
of the State of Colorado and the home rule charter of the City (the "Charter"); and,
WHEREAS, the zoning and land use powers conferred upon the City by the State of
Colorado as a Home Rule Municipality empower the City to manage land use to ensure the
public health, safety, and welfare; and,
WHEREAS, the City of Aspen currently regulates land uses within the City limits in
accordance with the Aspen Land Use Code (hereinafter 'Land Use Code"), Title 26 of the
Aspen Municipal Code, adopted pursuant to its Home Rule Constitutional authority and the
Local Government Land Use Control Enabling Act of 1974, as amended, § §29-20-101, et seq.
C.R.S; and,
WHEREAS, the Land Use Code requires periodic amendments to ensure it supports
compliance with adopted City policy, is 'aligned with the community vision, and bolsters
administrative oversight; and,
WHEREAS, during a regular meeting 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 Short-term Rentals (STRs); 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 Policy Resolution #077, Series of 2025, by a five to
zero (5-0) vote, requesting a code amendment to the Land Use Code for Section - 26.104.100,
Definitions and Chapter - 26.530, Short-term Rental Regulations; and,
Ordinance #08, Series of 2025
STR Land Use Code Amendments
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WHEREAS, on August 25, 2025, during a Work Session, Council gave staff direction to
remove the R/MF Zone District permit cap number topic from the policy updates; and,
WHEREAS, amending the Land Use Code as described below will ensure the ongoing
effectiveness, coordination, and viability of the regulations within the City of Aspen Land Use
Code; and,
WHEREAS, at a regular meeting on August 13, 2025, the Historic Preservation
Commission considered the amended code, and reviewed staff s memo, and by a four to zero (4 -
0) vote approved Resolution #08, Series of 2025, recommending Council consideration and
approval of Ordinance #08, Series of 2025; and,
WHEREAS, at a regular meeting on August 20, 2025, the Planning and Zoning
Commission considered the amended code, and reviewed staff s memo, and by a four to three (4
- 3) vote approved Resolution #09, Series of 2025, recommending Council consideration and
approval of Ordinance #08, Series of 2025; and,
WHEREAS, at a regular meeting on September 30, 2025, City Council by a five to zero (5-
0) vote, approved Ordinance #08, Series of 2025 on First Reading; and,
WHEREAS, at a regular scheduled meeting and properly noticed public hearing on
November 11, 2025, Council continued the meeting to November 18, 2025, at 5:00 p.m.; and,
WHEREAS, at a continuation of a regular meeting and properly noticed public hearing on
November 18, 2025, Council heard a presentation from city staff, considered public comment, and
City Council by a XX to XX (X-X) vote, approved Ordinance #08, Series of 2025 on Second Reading;
and,
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare; and,
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO THAT:
Section 1: Section - 26.104.100 - Definitions
Section - 26.104.100 - Definitions, shall adopt and define the following two terms for further
coordination with the STR Chapter and as redlined in Exhibit A:
Act of Nature. An accident or other natural event caused without human intervention that could
not be prevented by reasonable foresight or care. Examples include fires, floods, landslides,
avalanches, or other unforeseen natural events.
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
Ordinance #08, Series of 2025
STR Land Use Code Amendments
Page 2 of 5
offer a residential property or dwelling unit, or portion thereof, for short-term rentals, and from
which the person or company financially benefits.
Section 2: Chapter - 26.530 - Short-term Rental Regulations
City Council approves the following objectives for code amendments within Chapter 26.530 —
Short-term Rental Regulations, and as redlined in Exhibit B :
1. Streamline the STR permit application process and provide increased clarity and
detail around application requirements.
a. Modify the public notice requirements for new STR permit applications
when the property is in a zone district that does not have a cap on the number of
available STR permits. Updated requirements would remove the mailing notice and
require a poster notice only (Section 26.530.040 - Permit Procedures and
Standards).
b. Eliminate the requirement for a signed letter from a property's
Homeowner's Association (HOA) on annual STR permit renewal applications
(Section 26.530.040 - Permit Procedures and Standards).
C. Add language to specify that STR permit renewal applications must be
complete to be accepted by the City (Section 26.530.040 - Permit Procedures and
Standards).
d. Add language stating that falsification of information on STR permit
applications is against municipal law (Section 26.530.060 - Enforcement).
2. Provide exemptions for unique circumstances that are not accounted for in current
STR regulations.
a. Modify the tax filing requirement to provide a one-time exemption for
permittees with active building permits. Provide an additional exemption to the tax
filing requirement for "act of nature" emergencies (Section 26.530.040 - Permit
Procedures and Standards), see Section 1, above.
b. Modify the non -transferability clause to provide an exemption in the case
of permittee death or permittee's divorce, whereby a deceased's STR permit may
be transferred to a person designated on the permittee's estate planning documents
or an STR permit may be transferred pursuant to a divorce decree (26.530.030 -
Permitting Requirements and 26.530.040 - Permit Procedures and Standards).
C. Create a fourth Short-term Rental Temporary (STR-T) permit type that
allows a new property owner to honor STR booking agreements made by the
previous property owner for a period of not more than three (3) months after the
sale of the property has occurred (26.530.030 - Permitting Requirements,
Ordinance #08, Series of 2025
STR Land Use Code Amendments
Page 3 of 5
26.530.040 - Permit Procedures and Standards, 26.530.050 - Occupancy and
Operational Standards).
3. Increase compliance with and provide additional avenues for enforcement of
existing STR advertising requirements.
a. Add definition for "Short-term Rental Service" (26.104.100 - Definitions),
see Section 1, above.
b. Create a new code subsection that clearly outlines existing permittee
advertising requirements in addition to Short-term Rental Service advertising
requirements (26.530.050 - Occupancy and Operational Standards).
C. Add language requiring Short-term Rental Services to take down
advertisements of STRs located within the City of Aspen that do not comply with
the City's STR advertising requirements (26.530.050 - Occupancy and Operational
Standards).
d. Add language requiring Short-term Rental Services to enable a mandatory
permit number field on STR advertising templates for properties in the City of
Aspen, where applicable (26.530.050 - Occupancy and Operational Standards).
e. Correct the misspelling of "complaint" (26.530.060 - Enforcement).
Section 3
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 4:
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 resolutions or ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
resolutions or ordinances.
Section 5•
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.
Section 6:
A public hearing on this ordinance was held on the 1 lth day of November 2025, at a meeting of the
Aspen City Council at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
The public hearing on this ordinance was continued to the 18th day of November 2025, at a meeting
Ordinance #08, Series of 2025
STR Land Use Code Amendments
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of the Aspen City Council at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen,
Colorado.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 30th day of September 2025.
ATTEST:
U
r
Nicole Henning, City Clerk
FINALLY, adopted, passed
r
Rachael ichards, Mayor
ATTES
Nicole Henning, City Clerk
R chael Richards, May
this 18th day of November 2025.
APPROVED AS TO FORM:
EXHIBITS
A — Section 26.104.100 — Definitions Redlines
B — Chapter 26.530 — Short-term Rental Regulations Redlines
Ordinance #08, Series of 2025
STR Land Use Code Amendments
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Exhibit A
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:
Act of Nature. An accident or other natural event caused without human intervention that could not be
prevented bV reasonable foresight or care. Examples include fires, floods, landslides, avalanches, or other
unforeseen natural events.
Short-term Rental Service. A person or company that operates a website or anV other digital or print
platform that provides a means through which a property owner or their representative maV offer a residential
property or dwelling unit, or portion thereof, for short-term rentals, and from which the person or company
financially benefits.
(Supp. No. 6, Update 2)
Created: 2025-07-23 07:02:07 [EST]
Page 1 of 1
.1 •
Title 26 - LAND USE REGULATIONS
PART 500 - SUPPLEMENTARY REGULATIONS
Chapter 26.530. SHORT-TERM RENTAL REGULATIONS
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 STR 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, peace, and welfare of the
community through the application of zoning police powers. The following regulations support 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 obtain a permit in accordance with
their type and operation as defined in this Section. STRs operating without a permit are subject to
enforcement as defined in Section 26.530.060, Enforcement.
(b) 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 for anybody, corporation or otherwise, to lease or operate an STR without first
obtaining an STIR permit in accordance with the provisions and procedures of this Section.
(Ord. No. 9-2022, § 4, 6-28-2022)
Sec. 26.530.030. Permitting requirements.
(a) Permits. Any property rented as an STR shall require a permit to operate. Permits shall be approved,
approved with conditions, or denied by the Community Development Director based on the following
criteria:
(1) Permittee. Permits shall only be issued in the name of one (1) natural person who has an ownership
interest in the property for which the permit is issued ("Permittee").
(2) Permit Number. STR permits are issued a unique permit number. That permit number shall be clearly
displayed in all advertising and listings of the STR, including but not limited to all digital and print
advertising. The permit number must be listed in the STR, 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)
Page 1 of 12
Created: 2025-07-23 07:02:07 [EST]
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.
(S) Non -Transferability. Commencing October 1, 2022, STIR 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. 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.
a. Exemptions to Non -Transferability.
An STR permit may be transferred to an individual that meets the qualifications of a permittee in
the following circumstances:
i. Upon death of a permittee, an STR permit may transfer to a beneficiary who receives at
least 10% interest in the STR property by the permittee's will or decree of distribution.
ii. Upon divorce of a permittee, an STR permit may transfer to a spouse who is awarded a
10% or greater interest in the STR property pursuant to a divorce decree.
iii. Expired permits shall not be transferable in any instance.
Applications for a transfer of permit shall be subject to application requirements for a new STR
permit.
(b) Permit Types. STRs shall be eligible for one (1) of our 4 permit types: Short-term Rental Classic, Owner- Deleted: three (3)
Occupied Short-term RentalhLodging Exempt Short-term Rental, or Short-term Rental Temporary. The ability - -_ Deleted: or
to obtain an STR permit is conditioned upon the permittee's 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 26.530.0Fees.____-
�� —._- — -- Deleted: 7
(Supp. No. 6, Update 2)
Page 2 of 12
Created: 2025-07-23 07:02:07 [EST]
b. STR-C permits are subject to the life -safety standards and the operational standards described in
this Chapter and the STR Program Guidelines.
C. 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-OO). 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.
STR-00 rental permits shall be renewed annually and are assessed an annual permit fee in
accordance with Section 26.530.09P, Fees. Deleted: 7
STR-00 are subject to the life -safety standards and the operational standards for STRs described
in this Chapter and the Program Guidelines, and upon application for STR-00 permit, the
applicantinust rovide two (2) of the following valid documents indicating that the STR is the Deleted: who
applicant's primary residence:
Deleted: have
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.Ogp, Fees. To ensure ongoing eligibility for the STR-LE permit, permittees are _- Deleted: 7
subject to the Lodging Occupancy Auditing regulations in Section 26.575.210.
(4) Temporary Short-term Rental (STR-T). This permit is issued only to residential units in eligible zones
and for the sole purpose of allowing new property owners to accommodate STR reservations made bV the
previous owners for limited dates after the property's sale.
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 of the date of transfer of
Property ownership Proof of purchase or ownership transfer must be provided with the
application for an STR-T permit A list of all existing STR reservations made prior to the propertV
sale must be provided with the application for an STR-T permit.
(Supp. No. 6, Update 2)
Page 3 of 12
Created: 2025-07-23 07:02:07 [EST]
d. STR-T permittees may not accept any new STR bookings for the duration of the STR-T permit
e. STR-T permits are subiect to public notice requirements in Section 26 304 060(e)(3)b Manner of
Notice. Proof of notice is required with each STR-T permit application A waiting period during the
posted notice and prior to permit issuance is not required.
f. STR-T permits are subject to the life -safety standards and the operational standards described in
this Chapter and the STR Program Guidelines.
9. Advertising short-term rentals at an STR-T property is not permitted All short-term rental
advertisements for an STR-T property shall be deactivated removed or otherwise made
unavailable to prospective customers.
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 STR 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-1SA: 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 STR is a permitted or prohibited use.
(S) STR-T 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 or prohibited use.
(Ord. No. 9-2022, § 4, 6-28-2022)
Created: 2025-07-23 07:02:07 [EST]
(Supp. No. 6, Update 2)
Page 4 of 12
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. STR permit applications shall include the Parcel Identification Number and residential
address including unit number for the property to ensure compliance with underlying zoning. Zone
district STR regulations, including permitted uses and cap limitations, may change over time per City
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 application§.for properties located in zone districts Deleted: nts
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 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 'nc,� lude: fire suppression, occupancy limitations, mechanical codes, emergency Deleted: including
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.
(Supp. No. 6, Update 2)
Page 5 of 12
Created: 2025-07-23 07:02:07 [EST]
(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
26.530.07.0, 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
required by Land Use Code standards and the STR 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 26.530.07p, 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 STR Program Guidelines. Only complete
STR permit applications shall be accepted and reviewed. An application shall only be deemed
complete when all information tasks and administrative fee payments required for the
application have been submitted by the applicant and receipt of the application by the City of
Aspen can be confirmed.
(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 non-refundable.
(3) Neighborhood noticing. Upon application for a new STR-C or STR-00 permit 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 a 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
application for a new STR-T permit, 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.
- Deleted:6
Deleted: 6
Deleted:,
Deleted: P
(4) HOA compliance. New STRpermit applications for residential properties which are in a Deleted: P
Homeowners Association (HOA) must include for
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. Permittees are required to acknowledge that they have continued
approval from their HOA to operate an STR with the submission of each permit renewal
application. Permittees shall immediately notify the City of Aspen if at any time during the life of
an active permit their HOA has revoked or eliminated its approval for the permittee to operate
an .STR
(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
(Supp. No. 6, Update 2)
Page 6 of 12
Created: 2025-07-23 07:02:07 [EST]
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 and the property shall be removed
from the waitlist.
(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 only be deemed complete when all information, tasks,
and administrative fee payments required for the application have been submitted by the
applicant and receipt can be confirmed by the CitV 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 become abandoned upon the permit expiration
date.
(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 be processed in accordance
with the standards in this Chapter. STRs that are under construction or that endure an act of
nature emergency may be eligible for an exemption from this provision.
(i) Building Permit Exemptions. Permittees may apply for a one-time exemption from
the tax filing requirement if the STR is uninhabitable due to construction and an
active building permit is issued to the STR propertV. To request a building permit
exemption, the permittee must notify the Community Development Director within
30 days of the issue date 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. Permittees may apply for an exemption from the tax
filing requirement if an act of nature, as defined in 26.104.100 Definitions, renders
the STR uninhabitable. To request an act of nature exemption, the permittee must
notify the Community Development Director within 30 days of the act of nature
incident. Act of nature exemptions are granted at the discretion of the Community
Development Director with sufficient proof of uninhabitability from the permittee's
homeowner's insurance.
(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 and STR-T permits are exempt from this provision.
(Supp. No. 6, Update 2)
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(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)
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 are
,limited to a total occupancy of two (2) occupants per bedroom Deleted: c
plus two (2) additional occupants, and 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 STIR 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, STR-LE, or STR-T can be rented. Deleted: There is no annual limit on the number of
(c) Good neighbor guide. STRs are required to operate in accordance with all applicable Municipal Code nights per year an STR-LE can be rented.
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 ollow the rules and customs of the Deleted: following
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 must 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:
L A copy of the STR-C or STR-00 permit;
ii. A copy of the STR business license; Deleted: 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;
(Supp. No. 6, Update 2)
Page 8 of 12
Created: 2025-07-23 07:02:07 [EST]
vii. The location of the fire extinguisher;
viii. Information on the trash, recycling, and composting programs including:
a. Solid waste pickup schedules;
b. Guidelines on living with wildlife and instructions for operating wildlife
containers; and
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 the STR
Program Guidelines on file and make the guidelines available to STR 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.
Permittees shall be responsible for ensuring that all advertisements for the STR property comply with the
requirements in this Chapter. Short-term rental services shall be responsible for ensuring that all advertisements
for STRs within the City of Aspen 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.
The STR permittee and if designated, the qualified owner's representative, shall ensure that any and all
advertisements for the STR property list the valid City of Aspen STR permit number and maximum
occupancy for the property in all listings that advertise or allow bookings for short-term rentals of the
property.
(1) The STR permit number, as found on the City of Aspen STR permit issued to the permittee, must
always be visible on any STR advertisement. The permittee shall include the permit number in the
advertisement title, the advertisement description, or the designated permit number field of the
advertisement.
(2) Maximum occupancy for the STR, as found on the City of Aspen STR permit issued to the permittee,
must always be visible on any STR advertisement. The permittee shall include the maximum
occupancy in the advertisement title, the advertisement description, or the designated occupancy
field of the advertisement.
(3) Properties on waitlists for STR-C permits shall not be advertised for short-term rentals unless or
until a valid STR permit is issued to the property owner. If a waitlisted property has been found in
violation of this section during the waitlist period, the application shall be denied and the property
shall be removed from the waitlist.
(Supp. No. 6, Update 2)
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(4) STR-T properties shall not be advertised for short-term rentals. All short-term rental
advertisements for an STR-T property shall be deactivated, removed or otherwise made
unavailable to prospective customers for the duration of the STR-T permit.
(55) STR advertisements where the permit number or maximum occupancy are not listed the maximum
occupancy is inaccurate, the permit number listed is expired abandoned or revoked or the property
has a valid STR-T permit are subject to enforcement and penalties pursuant to 26.S30.070(c)
Enforcement and Penalties, including issuance of a Notice of Violation (NOV) and/or revocation of the
existing STR permit.
(b) Short-term Rental Service Advertising Requirements.
Pursuant to CRS Section 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 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 an STR permit
number issued by the City of Aspen.
(2) 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
abandoned, or expired, or that the STR permit associated with the property has been revoked. 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.
(3) 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 penalties pursuant to 26.530.070(c) Enforcement and Penalties.
Sec. 26.530.07P. 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. STIR 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 anv related document is a
violation of Municipal Code and subject to Penalties.
(b) 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.
(Supp. No. 6, Update 2)
Page 10 of 12
Created: 2025-07-23 07:02:07 [EST]
Deleted: 6
(c) Enforcement and Penalties. Upon receipt of a,Fomplaint, 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 STR 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 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.OV. 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-Lodging Exempt:
$148.00/unit
STR-Temporary:
394.00
Table l: Fee Schedule
(Supp. No. 6, Update 2)
Page 11 of 12
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Deleted: compliant
Deleted: 7
(Ord. No. 9-2022, § 4, 6-28-2022)
Set. 26.530.09,p. Appeals. Deleted:8
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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