HomeMy WebLinkAboutordinance.council.009-05ORDINANCE NO. 9
(SERIES OF 2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN APPROVING
AMENDMENTS TO THE CITY OF ASPEN LAND USE CODE SECTIONS 26.710.190 -
LODGE (L) ZONE DISTRICT, SECTION 26.710.200 - COMMERCIAL LODGE (CL)
ZONE DISTRICT, SECTION 26710.310 - LODGE OVERLAY (LO) ZONE DISTRICT,
SECTION 26.710.320 LODGE PRESERVATION OVERLAY (LP) ZONE DISTRICT,
AND SECTION 26.104.100 - DEFINITION OF "HOTEL (AKA LODGE)".
WHEREAS, the City Council and the Planning and Zoning Commission of the City of
Aspen instructed the Director of the Community Development Department to propose
amendments to the Land Use Code, part of the City of Aspen Municipal Code, related to the
Infill Report, a report developed by a city-commissioned advisory group, the Infill Advisory
Group, pursuant to sections 26.208 and 26.212; and,
WHEREAS, the purpose of the lnfill Program is to implement action items identified in
the 2000 Aspen Area Community Plan, Barriers to Infill Development (a report commissioned by
the City of Aspen in 2000), recommendations of the lnfill Report (a report produced by the Infill
Advisory Group in January, 2002), and the Recommendations of the Economic Sustainability
Committee (a joint project between the City of Aspen, the Aspen Chamber Resort Association,
and the Aspen Institute Community Forum concluded in September, 2002) that call for:
· intensification of land uses within the traditional townsite.
· focusing of growth towards already developed areas and away from undeveloped areas
surrounding the city.
· balance between the community and the resort aspects of Aspen.
· sustainability of the local social and economic conditions.
· The creation of a development environment in which private sector motivation is
leveraged to address community goals; and,
WHEREAS, the amendments herein relate to the following Sections of the Land Use
Code, Title 26 of the Aspen Municipal Code:
26.710.190 - Lodge (L) (was the LTR) Zone District page 2,
26.710.200 - Commercial Lodge (CL) Zone District page 5,
26.710.310 - Lodge Overlay (LO) Zone District page 7,
26.710.320 - Lodge Preservation Overlay (LP) Zone District page 9,
26. 104.100 Definition of'~Hotel (a.k.a. Lodge)" page 10; and,
WHEREAS, pursuant to Section 26.310, applications to amend the text of Title 26 of the
Municipal Code shall be reviewed and recommended for approval, approval with conditions, or
denial by the Community Development Director and then by the Planning and Zoning
Ordinance No. 9
Series of 2005.
Page 1
Commission at a public hearing. Final action shall be by City Council after reviewing and
considering these recommendations; and,
WHEREAS, the Community Development Director recommended approval of the
proposed amendments, as described herein; and,
WHEREAS, the Planning and Zoning Commission opened the public hearing to
consider the proposed amendments to the above noted Chapters and Sections on September 3,
2002, continued to September 17, 2002, continued to September 24, 2002, continued to October
1, 2002, continued to October 8, 2002, continued to October 15, 2002, continued to October 22,
2002, continued to October 29, 2002, continued to November 5, 2002, continued to November
12, 2002, continued to November 19, 2002, continued to November 26, 2002, continued to
December 10, 2002, and continued to December 17, 2002, took and considered public testimony
at each of the afbrementioned hearing dates and the recommendation of the Community
Development Director and recommended, by a five to one (5-1) vote, City Council adopt the
proposed amendments to the land use code by amending the text of the above noted Chapters and
Sections of the Land Use Code; and,
WHEREAS, the Aspen City Council has reviewed and considered the reconunended
changes to the Land Use Code under the applicable provisions of the Municipal Code identified
herein, has reviewed and considered the recommendation of the Community Development Director,
the Planning and Zoning Commission, and has taken and considered public comment at a public
hearing; and,
WHEREAS, the City Council finds that the proposed text amendments to the Land Use
Code meet or exceed all applicable standards and that the approval of the proposal is consistent
with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO as follows:
Section 1:
Section 26.710.190, Lodge Tourist Residential (LTR) Zone District, which section regulates
development within the LTR Zone District, shall read as follows:
26.710.190 Lodge (L).
A. Purpose. The purpose of the Lodge (L) Zone District is to encourage construction,
renovation, and operation of lodges, tourist-oriented multi-family buildings, high occupancy
timeshare facilities, and ancillary uses compatible with lodging to support and enhance Aspen's
resort economy. Free-Market residential units within this zone district shall be permitted, but not
required, to be used as short-term tourist accommodations. The City of Aspen encourages high-
occupancy lodging development in this zone district. Therefore, certain dimensional incentives
Ordinance No. 9
Series of 2005.
Page 2
are provided in this zone district as well as other development incentives in Chapter 26.470
Growth Management.
B. Permitted uses. The following uses are permitted as of right in the Lodge (L) Zone
District:
1. Hotel or Lodge.
2. Timeshare Lodge.
3. Exempt Timesharing.
4. Offices and activities accessory to timeshare unit sales (see Section 26.590).
5. Conference facilities.
6. Uses associated with outdoor recreation facilities and events.
7. Accessory uses and structures. (Food service for on-site lodge guests is an accessory use.)
8. Storage accessory to a permitted use.
9. Affordable Multi-Family Housing accessory to a lodging or timeshare operation and for
employees of the operation.
10. Free-Market Multi-Family Housing.
11. Home occupations.
C. Conditional uses. The following uses are permitted as conditional uses in the Lodge (L)
Zone District, subject to the standards and procedures established in Chapter 26.425:
1. Retail and Restaurant Uses.
2. Neighborhood Commercial Uses.
3. Service Uses.
4. Arts, Cultural and Civic Uses.
5. Public Uses.
6. Academic Uses.
7. Child Care Center.
8. Commercial Parking Facility, pursuant to Section 26.515.
9. Affordable Multi-Family Housing not accessory to a lodging or timeshare operation.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Lodge (L) Zone District: 1. Minimum lot size (square/i~eO: 3,000
2. Minimum lot area per dwelling unit (square feet):
a. Multi-Family residential 3,000 square feet.
b. Lodge, Timeshare Lodge, and Exempt Timesharing - no requirement.
Ordinance No. 9
Series of 2005.
Page 3
3. Minimum lot width (feet): 30.
4. Minimum front yard setback (/'eeO: 5.
5. Minimum side vard setback (fdeO: 5.
6. Minimum rear vard setback (/ket): 5.
7. Maximum height:
a) Multi-Family (as a single use): 28 feet.
b) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with
less than one lodge unit per 500 square feet of Lot Area or an average lodge
unit size greater than 500 square feet: 28 feet.
c) Lodge, Timeshare Lodge, Exempt Timesharing, and mixed-use projects, with
one or more lodge units per 500 square feet of Lot Area and an average lodge
unit size of 500 square feet or less: 38 feet for sloped root's. 42 feet for flat
roofs. Also see Section 26.710.190.E.
8. Minimum distance between buildings on the lot (feeO: i0.
9. Pedestrian Amenity Space: Pursuant to Section 26.575.030.
10. Floor Area Ratio (FAR):
A. The fblIowing FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with one or more lodge units per
500 square feet of Lot Area and an average lodge unit size of 500 square feet or
less. This FAR schedule is cumulative, up to a total maximum FAR of 3:1 for
parcels of 27,000 square feet or less in size and 2.5:1 for parcels greater than
27,000 square feet. Also see Section 26.710.190.E.
1. Retail and Restaurant Uses, Neighborhood Commercial Uses, Service Uses;
Arts, Cultural and Civic Uses; Public Uses; Academic Uses; childcare center:
.25:1, which may be increased to .5:1 by Special Review, pursuant to Section
26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit space):
2:1, which may be increased to 2.5:1 by Special Review, pursuant to Section
26.430.
3. Uses and facilities ancillary to a lodging operation (non-unit space): .5:1.
4. Commercial Parking Facility: 1:1.
5. AftbrdableMulti-FamilyHousing: .25:l, which may be increased by Special
Review, pursuant to Section 26.430.
6. Free-Market Residential or Large Lodge/Timeshare Units: An amount less
than or equal to 25% of the FAR of the total project including both unit and
non-unit space, but not including FAR devoted to parking. For example: If
the total project represents 10,000 square feet of Floor Area, then 2,500 square
Ordinance No. 9 Page 4
Series of 2005.
feet may be free-market residential space or space devoted to lodge/timeshare
units which are not to be limited by the average unit-size limitation. This
percentage may be otherwise established for a project through a Planned Unit
Development review. Also see Section 26.710.190.F.
B. The following FAR schedule applies to Commercial, Lodge, Timeshare Lodge,
Exempt Timesharing, and mixed-use projects, with less than one lodge unit per
500 square feet of Lot Area or an average lodge unit size greater than of 500
square feet. This FAR schedule is cumulative, up to a total maximum FAR of
1.5:1 for parcels of 27,000 square feet or less in size and 1:i fbr parcels greater
than 27,000 square feet.
1. Commercial uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center: .25:1, which may be increased to .5:1 by Special
Review, pursuant to Section 26.430.
2. Lodge units, Timeshare Lodge units, Exempt Timesharing units (unit space):
1:1.
3. Uses and facilities ancillary to a lodging operation (non-unit space): .5:1.
4. Commercial Parking Facility: 1:1.
5. Affordable Multi-Family Housing: .25:1, which may be increased by Special
Review, pursuant to Section 26.430.
6. Free-Market Multi-Family Housing: .25:1, which may be increased to .5:1 by
Special Review-, pursuant to Section 26.430.
The following FAR schedule applies to multi-family (as a single use) projects
established prior to the adoption of Ordinance 9, Series of 2005, cumulatively, up
to a total maximum FAR of 1:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affordable Multi-Fainily Housing: 1:1.
2. Free-Market Multi-Family Housing: 1:1.
The following FAR schedule applies to multi-family (as a single use) projects
established after the adoption of Ordinance 9, Series of 2005, cumulatively, up to
a total maximum FAR of .75:1. Receipt of a Development Order shall constitute
the date the use was established.
1. Affbrdable Multi-Family Housing: .5:1.
2. Free-Market Multi-Family Housing: .5:1.
Ordinance No. 9 Page 5
Series of 2005.
Special Review for Density and Unit-Size Standards. The Planning and Zoning
Commission may approve an adjustment of the "density standard" and the "unit-size
standard" and the project shall remain qualified for the height, Floor Area, and Growth
Management incentives associated with these standards. The review shall be pursuant to
the review procedures for Special Review, Chapter 26.430, and the following criteria:
I. The density standard may be amended by a maximum of 10% to one lodge unit per
550 square feet of Lot Area. The average unit-size standard may be amended by a
maximum of 10% to permit an average unit size of 550 square feet. An adjustment in
excess of these increases may be approved through adoption of a PUD plan, but the
project shall no longer be qualified for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities, and services for
guests of the lodging operation. This can include both internal and external
amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a
broad segment of potential guests. Flexible units are encouraged.
4. There exists a system or strategy for the project to maximize short-term occupancies.
Considerations for Increasing the Percentage of the Project Used for Free-Market
Residential Space. A Lodge, Timeshare Lodge, or Exempt Timeshare project may
exceed the twenty-five (25) percent limitation on Free-Market Residential or large
lodge/timeshare unit space with Planned Unit Development approval. In addition to the
PUD criteria of Chapter 26.445.050, the following factors shall also be considered:
I. The amount of non-unit space, amenities, and services ~br guests of the lodging
operation. This can include both internal and external amenities.
2. Any lodge/timeshare units provided which are in excess of the minimum needed to
achieve the height and FAR incentives.
3. Any legal or physical limitation of the property such that additional incentive is
necessary to develop guest accommodations on the property.
4. The range of lodge unit sizes and configurations, including flexible units, which are
attractive to a broad segment of potential guests.
5. Any system or strategy ~br the project to maximize short-term occupancies.
Section 2:
Section 26.710.200, Commercial Lodge (CL) Zone District, which section regulates development
within the Commercial Lodge Zone District, shall read as follows:
26.710.200 Commercial Lodge (CL).
Ordinance No. 9 Page 6
Series of 2005.
A. Purpose. The purpose of the Commercial Lodge (CL) zone district is to provide for the
establishment of mixed-use commercial and lodge development by permitting commemial uses
on the ground floor with lodging development above. Free-Market residential units within this
zone district shall be permitted, but not required, to be used as short-term tourist
accommodations. The City of Aspen encourages high-occupancy lodging development in this
zone district.
B. Permitted uses. The following uses are permitted as of right in the Commercial Lodge
(CL) zone district:
1. Uses allowed in Basement and Ground Floors: Those uses allowed in Basement and
Ground Floors, respectively, within the Commercial Core Zone District. Uses and
facilities necessary and incidental to uses on Upper Floors. Parking shall not be allowed
as the sole use of the ground floor.
2. Uses allowed on Upper Floors: Hotel or Lodge, Timeshare Lodge, Exempt Timesharing,
offices and activities accessory to timeshare unit sales (see Section 26.590), conference
facilities, accessory uses, storage accessory to a permitted use, Affordable Multi-Family
Housing, Free-Market Multi-Family Housing. (Food service for on-site lodge guests is an
accessory use.)
C. Conditional uses. The following uses are permitted as conditional uses in the
Commercial Lodge (CL) zone district, subject to the standards and procedures established in
Chapter 26.425:
1. Retail and Restaurant Uses, Neighborhood Commemial Uses, Service Uses, Office Uses,
Arts Cultural and Civic Uses, Public Uses, Academic Uses, or child care center, located
on Upper Floors.
2. Commercial Parking Facility, pursuant to Section 26.515.
D. Dimensional requirements. The following dimensional requirements shall apply to all
permitted and conditional uses in the Commercial Lodge (CL) zone district:
1. Minimum lot size (square feeO: No requirement.
2. Minimum lot area per dwelling unit (square feeO: No requirement.
3. Minimum lot width (feet): No requirement.
4. Minimum front yard setback (feeO : No requirement.
5. Minimum side vard setback (feeO: No requirement.
6. Minimum rear yard setback (feet): No requirement except trash/utility service
area shall be required abutting alley, pursuant to Section 26.575.060.
7. Maximum height: 42 feet fbr all areas of the property. 46 feet for areas setback
15 or more feet from lot lines adjoining a Street right-of-way.
8. Minimum distance between buildings on the lot (feeO : No requirement.
Ordinance No. 9 Page 7
Series of 2005.
Pedestrian Ameni~ Space: Pursuant to Section 26.575.030.
Floor Area Ratio (FAR)
The following FAR schedule applies to uses cumulatively up to a total maximum
FAR of 3:l.
a) Commercial Uses; Arts, Cultural and Civic Uses; Public Uses; Academic
Uses; childcare center; commercial parking facility: 1:1.
b) Lodging units, timeshare lodging units, and exempt timesharing units (unit
space): 2:1, which may be increased to 2.5:1 by Special Review, pursuant to
Section 26.430.
c) Uses and facilities ancillary to a lodging operation (non-unit space): .5:1.
d) Affordable Multi-Family Housing: .25:1, which may be increased by Special
Review, pursuant to Section 26.430.
e) Free-MarketMulti-FamilyHousing: .5:1.
Special Review for Density and Unit-Size Standards. The Planning and Zoning
Commission may approve an adjustment of the "density standard" and the "unit-size
standard" and the project shall remain qualified for the Growth Management incentives
associated with these standards. The review shall be pursuant to the review procedures
for Special Review, Chapter 26.430, and the following criteria:
1. The density standard may be amended by a maximum of 10% to one lodge unit per
550 square feet of Lot Area. The average unit-size standard may be amended by a
maximum of 10% to permit an average unit size of 550 square feet. An adjustment in
excess of these increases may be approved through adoption of a PUD plan, but the
project shall no longer be qualified for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities, and services for
guests of the lodging operation. This can include both internal and external
amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a
broad segment of potential guests. Flexible units are encouraged.
4. There exists a system or strategy for the project to maximize short-term occupancies.
Section 3:
Section 26.710.310, Lodge Overlay (LO) Zone District, which section regulates development
within the Lodge Overlay Zone District, shall read as follows:
26.710.310 Lodge Overlay (LO) Zone District.
A. Purpose. The purpose of the Lodge Overlay (LO) zone district is to provide for lodge
uses in areas of the City suitable for lodge accommodations but which lie in predominantly
Ordinance No. 9 Page 8
Series of 2005.
residential neighborhoods or where there are limitations on development that necessitate the
permitted density to be significantly less than that in the City's other lodge zone districts.
B. Permitted uses. The following uses are permitted as of right in the Lodge Overlay (LO)
zone district:
1. The uses permitted in the underlying zone district.
2. Hotel or Lodge.
3. Timeshare Lodge.
4. Exempt Timesharing.
5. Offices and activities accessory to timeshare unit sales (see Section 26.590).
6. Conference facilities.
7. Uses associated with outdoor recreation facilities and events.
8. Accessory uses and structures. (Food service for on-site lodge guests is an accessory
use.)
9. Storage accessory to a permitted use.
10. Affordable Housing accessory to a lodging or timeshare operation and for employees
of the operation.
11. Free-Market Multi-Family Housing.
C. Conditional uses. The following uses are permitted as conditional uses in the Lodge
Overlay (LO) zone district, subject to the standards and procedures established in Chapter
26.425:
1. The uses allowed as conditional uses in the underlying zone district.
2. Affbrdable housing intended for the general public.
3. Restaurant.
D. Dimensional requirements. The dimensional requirements for all uses in the Lodge
Overlay (LO) Zone District shall be the dimensional requirements established for those uses in
the underlying zone district. Where no specific dimensions have been established for the use, the
permitted dimensions shall be limited to that of a single-family residence or multi-family
residences where such uses are permitted in the underlying zone district. Upon consideration of
the neighborhood compatibility and the dimensional requirements of surrounding zone districts,
the dimensional requirements may be established pursuant to Chapter 26.445 - Planned Unit
Development.
As part of the PUD review, an adjustment of the "density standard" and the "unit-size standard"
may be approved and the project shall remain qualified for the Growth Management incentives
associated with these standards. The reviexv shall consider the following criteria:
1. The density standard may be amended by a maximum of 20% to one lodge unit per 600
square feet of Lot Area. The average unit-size standard may be amended by a maximum
of 20% to permit an average unit size of 600 square feet. An adjustment in excess of
these increases may be approved through adoption of a PUD plan, but the project shall no
longer be qualified for the associated incentives.
Ordinance No. 9 Page 9
Series of 2005.
2. The project includes a generous amount of non-unit space, amenities, and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
4. There exists a system or strategy for the project to maximize short-term occupancies.
As part of the PUD Approval, the amount of associated free-market residential or large
lodge/timeshare unit space to be included in the project shall be established by considering the
following factors:
1. The amount of non-unit space, amenities, and services for guests of the lodging operation.
This can include both internal and external amenities.
2. The project's range of unit sizes and configurations which are attractive to a broad
segment of potential guests. Flexible units are encouraged.
3. The extent of additional lodge units being added to the inventory.
4. The number and average size of lodging units being provided.
5. Any legal or physical limitations of the property such that additional incentive is
necessary to develop guest accommodations.
6. Any system or strategy for the project to maximize short-term occupancies.
Section 4:
Section 26.710.320, Lodge Preservation Overlay (LP) Zone District, which section regulates
development within the Lodge Preservation Overlay Zone District, shall read as follows:
26.710.320 Lodge Preservation Overlay (LP) Zone District.
A. Purpose. The purpose of the Lodge Preservation (LP) Overlay zone district is to provide
for and protect small lodge uses on properties historically used for lodge accommodations, to
permit redevelopment of these properties to accommodate lodge and affordable housing uses, to
provide uses accessory and normally associated with lodge and affordable housing development,
to encourage development which is compatible ~vith the neighborhood and respective of the
manner in which the property has historically operated, and to provide an incentive for upgrading
existing lodges on-site or onto adjacent properties.
B.
district:
1.
2.
3.
4.
Permitted uses. The following uses are permitted as of right in the LP Overlay zone
The uses permitted in the underlying zone district.
Hotel or Lodge.
Timeshare Lodge.
Exempt Timesharing.
Ordinance No. 9 Page 10
Series of 2005.
5. Boarding house.
6. Dormitory.
7. Offices and activities accessory to timeshare unit sales (see Section 26.590).
8. Conference facilities.
9. Uses associated with outdoor recreation facilities and events.
10. Accessory uses and structures. (Food service for on-site lodge guests is an accessory
USe.)
11. Storage accessory to a permitted use.
12. Aflbrdable Housing accessory to a lodging or timeshare operation and for employees
of the operation.
13. Free-Market Multi-Family Housing.
C. Conditional Uses. The following uses are permitted in the LP Overlay zone district,
subject to the standards and procedures established in Chapter 26.425 of this Code:
1. The uses allowed as conditional uses in the underlying zone district.
2. Affbrdable housing intended for the general public.
3. Restaurant.
D. Dimensional requirements. The dimensional requirements tbr all uses in the Lodge
Preservation (LP) Overlay Zone District shall be the dimensional requirements established for
those uses in the underlying zone district. Where no specific dimensions have been established
for the use, the permitted dimensions shall be limited to that of a single-family residence or
multi-family residences where such uses are permitted in the underlying zone district. Upon
consideration of the neighborhood compatibility and the dimensional requirements of
surrounding zone districts, the dimensional requirements may be established pursuant to Chapter
26.445 - Planned Unit Development.
As part of the PUD review, an adjustment of the "density standard" and the "unit-size standard"
may be approved and the project shall remain qualified for the Growth Management incentives
associated with these standards. The review shall consider the following criteria:
1. The density standard may be amended by a maximum of 20% to one lodge unit per 600
square feet of Lot Area. The average unit-size standard may be amended by a maximum
of 20% to permit an average unit size of 600 square feet. An adjustment in excess of
these increases may be approved through adoption of a PUD plan, but the project shall no
longer be qualified for the associated incentives.
2. The project includes a generous amount of non-unit space, amenities, and services for
guests of the lodging operation. This can include both internal and external amenities.
3. The project provides a range of unit sizes and configurations to be attractive to a broad
segment of potential guests. Flexible units are encouraged.
4. There exists a system or strategy for the project to maximize short-term occupancies.
Ordinance No. 9 Page 11
Series of 2005.
As part of the PUD Approval, the amount of associated free-market residential or large
Iodge/timeshare unit space to be included in the project shall be established by considering the
following factors:
1. The amount of non-unit space, amenities, and services for guests of the lodging operation.
This can include both internal and external amenities.
2. The project's range of unit sizes and configurations which are attractive to a broad
segment of potential guests. Flexible units are encouraged.
3. The extent of additional lodge units being added to the inventory.
4. The number and average size of lodging units being provided.
5. Any legal or physical limitations of the property such that additional incentive is
necessary to develop guest accommodations.
6. Any system or strategy for the project to maximize short-term occupancies.
Section 5:
Section 26.104.100, Definitions, which section describes the meaning of terms used in the Land
Use Code, shall include the additional following terms and definitions:
Hotel (a.k.a. Lodge). A building or parcel containing individual units used for overnight
lodging by the general public on a short-term basis for a fee, with or without kitchens
within individual units, with or without meals provided, and which has common
reservation and cleaning services, combined utilities, and on-site management and
reception services. Timeshare (a.k.a. fractional) units and timeshare developments are
considered Hotels for the purposes of the Land Use Code. For Hotels with flexible unit
configurations, also known as "lock-off units," each rentable division, or "key", shall
constitute a Lodge unit tbr the purposes of this Title.
Unless otherwise approved pursuant to Chapter 26.590 - Timeshare Development,
occupancy periods of a Hotel, or unit thereof, by any one person or entity with an
ownership interest in the Hotel, oi' unit thereof, shall not exceed 30 consecutive days or
exceed 90 days within any calendar year, regardless of the form of ownership.
Occupancy periods for persons or entities with no ownership interest (e.g. vacationers)
shall be limited only by the 90-days per calendar year requirement.
Residential properties, and units thereon, located within zone districts permitting Lodge
use shall be permitted, but not required, to operate as a Lodge. The occupancy period
limitations shall not apply to residential properties (single-family, duplex, and multi-
family) located within lodging zone districts regardless of whether the residential units
are used for short-term occupancies.
Section 6:
This Ordinance shall not affect any existing litigation axed shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
Ordinance No. 9 Page 12
Series of 2005.
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 7:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competem jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of
the remaining portions thereofi
Section 8:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this
Ordinance in the office of the Pitkin County Clerk and Recorder.
Section 9:
A public heating on the Ordinance shall be held on the 28th day of February, 2005, at 5:00
p.m. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior
to which hearing a public notice of the same shall be published in a newspaper of general
circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
14 day of February, 2005.
Council of the City of Aspen on the th
Attest:
~ty Clerk
FINALLY, adopted, passed and approved this 9th day of May, 2005.
Attest:
Kathryn S. Kffhj Cit~ Clerk
Approved as to form:
Bendon C 5home\infill\Lodging\Lodging_Ord.doc
Ordinance No. 9
Series of 2005.
Page 13