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HomeMy WebLinkAboutordinance.council.055-83 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 55 (Series of 1983) AN ORDINANCE AMENDING SECTION 20-24 OF THE MUNICIPAL CODE PERTAIN- ING TO TIMESHARING SO AS TO: AMEND SUBSECTION (C)(1) BY DELETING REFERENCE TO THE "RMF" ZONE, THEREBY RESTRICTING TIMESHARING TO ONLY THE "L-I", "L-2", "L-3"~ "CC" and "CL" ZONES; AMEND SUBSEC- TIONS (E)(3)(c) AND (0)(2) TO REGULAYE THE GIVING OF GIFTS; ADD A SUBPARAGRAPH (13~) TO PARAGRAPH (E} REQUIRING COMPLIANCE WITH { HANDICAP ACCESS IN TIMESHARE PROJECTS; ADD A PARAGRAPH (S) TO REQUIRE THAT A LICENSE BE OBTAINED FOR ALL TI~ESHARE PROJECTS; AND AMEND PARAGRAPH (J) WHEREAS, having conducted a review of timeshare regulations pursuant to Section 20-24(R) of the Municipal Code, the City Coun- cil deems it to be in the best interest of the City of Aspen, its inhabitants and visitors to amend Section 20-24 of the Municipal Code as hereinbelow provided; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 ~That subsection (C)(1) of Section 20-24 of the Municipal Co/de of the City of Aspen be and the same is hereby amended to allow timesharing in only the L-l, L-2, L-3, CC and CL zones, said section to read as follows: "(C) Zones in which timesharin9 shall be permitted; struc- tures allowed to be timeshared. (1) Timesharing as defined herein shall be allowed in the L-l, L-2, L-3, CC and CL zones. Timesharing shall only be permitted as a conditional use in tb above zones, requiring a permit in accordance witt the procedures and requirements for obtaining a conditional use set forth in Chapter 24 of this Code, in addition to subdivision approval as required by this Chapter. To the extent practi- cable, subdivision and conditional use apprOval shall occur simultaneously." Section 2 That subsection (E)(3)(c) of Section 20-24 of the Municipal Code of the City of Aspen is hereby amended to regulate the givir of gifts, said amended subsection to read as follows: RECORD OF PROCEEDINGS 101 Leaves "(c) Gifts of free transportation or free lodging or ot~ ~r gifts valued in excess of one hundred dollars ($100 00) to induce prospective purchasers to attend sales presentations or to purchase timeshare estates." Section 3 That subsection (0)(2) pertaining to prohibited practice in connection with the giving of gifts is hereby amended to rea, as follows: "(2) The giving of free transportation or free lodging or other gifts valued in excess of one hundred dollars ($100.00) to induce prospective purchasers to attend sales presentations or to purchase a timeshare estate." Section 4 That subsection (E) of Section 20-24 of the Municipal Cod of the City of Aspen pertaining to timesharing standards and revl w criteria is hereby amended by the addition of a subparagraph (3) thereto to require compliance with handicap access, said subpa a- graph to read as follows: "(13) Handicap access. Satisfactory provisions shall be m~de to provide handicap access to ten percent (10%) of the units and to and throughout the project as required 0y the Uniform Building Code." Section 5 That Section 20-24 of the Municipal Code of the City of As~en is hereby amended by adding a subsection (S) pertaining to the licensing of timeshare projects, said subsection to read as fol- lows: "(S) Licensing. In order to properly administer and assure compliance with the requirements of this section, it shall be unlawful for any timeshare project to operate in the City of Aspen without a license first having been obtained therefor in accordance with the following pr~ cedures: (1) The license required by this section shall be granted and reviewed only upon approval of the timeshare project by the City Council and upon th submission of a license application stating the address of the project, the manager thereof, and such other facts as the Director of Finance may require. 2 RECORD OF PROCEEDINGS 101 Leaves (2) For each license issued under the provisions of thi~ paragraph, a fee of five thousand dollars ($5,000.0)) per year shall be paid, which fee shall accompany t]~e application. In the first year of issuance, the am~)unt of the license fee shall be prorated according to tile number of days left in the year. The initial license fee shall be returned to the applicant if the times~are application is denied. (3) All license fees, from the time they are due and pal- able, shall become and remain a lien upon the times~are project until paid, and may be collected by an acticn in personam or in rem, or both. Additionally, any lien for unpaid license fees against the timeshare project ma also be collected as provided by the statutes of the State for the collection of taxes and other liens an assessments against real estate. (4) A license required by this paragraph shall be grante and issued by the Director of Finance and shall be ii force and effect until the 31st day of December of ~ e year in which it is issued, and annually thereafter. (5) It shall be the duty of each licensee under the sions of this paragraph on or before January 1 of ea~ year to obtain a renewal thereof if the project rema~ as a timeshare project. (6) Licenses shall be granted only if the project is in pliance with the regulations of this section and approval by the City Council pursuant to this section" Section 6 That since this ordinance implements a licensing scheme, ~ b- section (J) of Section 20-24 of the Municipal Code of the City ~f Aspen is hereby amended to delete the sentence reserving the ri ht to implement a licensing scheme, said subsection to read as fol lows: "(J) The marketing and sale of timeshare units shall be governed by the real estate laws set forth in Title 1~ Article 61, C.R.S. 1973, as amended. The applicant licensed marketing entity shall present to the City tb plan for marketing the timeshare units. In addition all other remedies or penalties, any deviation from th. approved marketing plan shall give the City the right enjoin these sale techniques. The applicant shall be responsible for paying the costs of such legal action enjoin, including the City's legal fees and expert wit ness fees. To secure this responsibility, a sum of twenty thousand dollars ($20,000.00) cash or a twenty thousand dollar ($20,000.00) irrevocable letter of credit for each timeshare project in which the applica t or marketing entity is involved shall be required to 3 RECORD OF PROCEEDINGS Leaves be posted with the city to ensure that the applican idand the marketing entity do not deviate from the approw~ marketing plan." Section 7 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of th. remaining portions thereof. Section 8 pub '~ hearing on the ordinance shall be held on the day of , 193, at 5:00 p.m. in City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law ~y the City Council of the City of Aspen on the /~ day of , 198~ William L. Stirli~ ATTEST: Kathryn Sy Koch, City Clerk FINALLY adopted, passed and approved this /~ day of ~~ , 1984. William L. Stirling, Mayor / ATTEST: S/J och 4