TC Ord. No. 2009-13 Amending Title 17 of the Avon Muni Code to Adopt the Short Term Rental overlay zone district-yt d �d pq - I �
adTOWN OF AVON, COLORADO
ORDINANCE NO. 09-13
SERIES OF 2009
AN ORDINANCE AMENDING TITLE 17 OF THE AVON MUNICIPAL CODE TO
ADOPT THE SHORT TERM RENTAL OVERLAY (STRO) ZONE DISTRICT
WHEREAS, pursuant to C.R.S. §31 -15 -103; C.R.S. §31 -23 -301 et. seq.; the Local Government
Land Use Control Enabling Act of 1974 set forth in Article 20 of Title 29, Colorado Revised
Statutes; and the home rule authority of the Town of Avon ( "Town") provided by Section XX
of the Colorado Constitution and the home rule charter adopted by the Avon electorate, the
Town Council has the power to establish zone districts, adopt regulations for such zone districts,
and adopt ordinances for promotion and preservation of public health, safety, and welfare;
WHEREAS, pursuant to the purpose of Title 17 of the Avon Municipal Code, the Town
Council has the authority to divide the Town into zones, or districts, restricting and requiring
therein the location, erection, construction, reconstruction, alteration and use of buildings,
structures and land for trade, industry, residence and other specified uses;
WHEREAS, the intent of Title 17 of the Avon Municipal Code is to provide a planned and
orderly use of land, protection of the environment and preservation of viability as a tourist area,
all to conserve the value of the investments of the people of this community and encourage the
most appropriate use of land throughout the municipality;
WHEREAS, the Town desires to designate Short Term Rental as defined by Section 3.28.020
for Hotel room, condominium unit, or other accommodation of the Avon Municipal Code, as a
special review use in areas of the town core that are residential in nature, as defined in the
attached map (Exhibit A);
WHEREAS, the Planning and Zoning Commission conducted a public hearing on September 1,
2009 and recommend approval of an overlay zone district allowing short term rentals by
Resolution No. 09 -11;
WHEREAS, the Town Council conducted public hearings on September 22, 2009 and October
13, 2009 and considered all comments provided by the public, all information provided by
Town Staff, the recommendation of the Planning and Zoning Commission, and all other
information provided to Town Council at the public hearings prior to taking action on this
Ordinance;
WHEREAS, the Town Council finds that the passage of this Ordinance will promote and
preserve the health, safety and welfare of the Avon community; and,
WHEREAS, approval of this Ordinance on first reading is intended only for the purpose of
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding the proposed zone district regulations for the Short Term Rental Overlay
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Ordinance No. 09 -13 Short Term Rental Overlay Zone District 9 -11 -09 ejh
Zone District and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies the proposed zone district.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, the following:
Section 1. Amendment to Title 17 of the Avon Municipal Code. The Avon Municipal
Code is hereby amended by adopting the following language:
17.20.140 Short Term Rental Overlay - STRO.
(a) Intention. The Short Term Rental Overlay (STRO) zone district is
intended to allow short term rentals of properties as a use subject to the special
use review process, including but not limited to accommodation, apartments, bed
and breakfast, condominium, hotel, lodge, motel and residential properties for
periods of less than thirty (30) days subject to the provisions of this Section
17.20.140. The STRO zone district shall be an overlay zone district which shall
apply to designate short term rentals of properties as a special review use.
Properties in the STRO zone district shall otherwise be subject to all requirements
of the underlying zone district.
(b) Allowed Uses. The uses permitted in the underlying zone district or
planned unit development (PUD).
(c) Special review use. Short Term Rental of properties as defined in section
17.20.140(d).
(d) Short Term Rental. For the purpose of this Section 17.20.140, Short Term
Rental shall mean the rental of property for a total continuous duration of less
than thirty (30) days.
(e) Development standards. The developments standards within this overlay
zone district are regulated by the underlying zone district or PUD.
(f) Sales and public accommodations tax license. Any property owner who
leases or rents property in the STRO zone district shall obtain a Sales Tax License
in accordance with Chapter 3.08 and a Public Accommodations Tax License in
accordance with Chapter 3.28. The failure to obtain a Sales Tax License or Public
Accommodations Tax License prior to using property for Short Term Rental in
the STRO shall be a violation and shall be subject to penalties as described in
Title 3.
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Ordinance No. 09 -13 Short Term Rental Overlay Zone District 9 -11 -09 ejh
17.48.070 Special rules governing special use review permit for Short Term
Rentals.
(a) An application for special review use shall be submitted by an owner of a
residential dwelling or multiple owners of residential dwellings in a multi - family
structure.
(b) The Town recognizes that approval of individual residential dwelling units
within multifamily structures or properties would create inordinate administrative
burdens as well as frustrate the ability to effectively enforce this chapter. For the
purpose of consistency and practicality in the administration of Short Term Rental
uses, the scope of properties that shall be deemed included in an application shall
include the entire structure for a multi - family structure or multiple structures
which are subject to a common development approval or common Planned Unit
Development approval or are structures included within a common owner's
association. The Community Development Director, or designee, shall determine
the scope of the structures, properties, or project that shall be subject to the
application.
(c) In addition to the general requirements for submittal of a special review
use application, an application for a Short Term Rental shall include a letter of
recommendation or acknowledgement from the owner's association, if any, for
which the applicant's property may be a member, unless the owner's association
fails to provide any letter upon request by the applicant.
(d) Notice of the required public hearings shall be mailed to each individual
property owner of multi - family buildings, including each individual owner of
condominium ownership properties, and shall be mailed to the owner's
association, if any, of the subject property and to the owner's association, if any,
of any other property within the required area for noticing.
(e) In addition to the criteria set forth in section 17.48.040, the following
criteria shall be considered for Short Term Rentals:
(1) The recommendation, if any, from an owner's association;
(2) Whether the covenants, restrictions and/or declarations for an owner's
association governing the property allows or prohibits Short Term Rentals and
any other provisions of any such covenants, restrictions and/or declarations which
may be relevant to Short Term Rental use;
(3) Whether the parking plan is adequate for the property; and,
(4) Whether the owner's association, if any, has appropriate rules, regulations
or policies to govern the use of individual units as Short Term Rentals for the
purpose of maintaining the property and minimizing any adverse impacts to other
unit owners within a property or upon adjacent properties.
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(f) The Planning and Zoning Commission may approve Short Term Rentals
with conditions related to minimizing any potential adverse impacts on other unit
owners or residents within a property or project or on property owners, residents
or tenants on nearby properties.
(g) Special review use approvals for Short Term Rentals shall not be limited
in duration and shall not be subject to abandonment; however, such Short Term
Rental approvals may be revoked, after providing notice and hearing to the
property owners and owner's association, for non - compliance with any condition
of the Short Term Rental special review use approval or if the Short Term Rental
use becomes incompatible with long term residential use on the property or
incompatible with the allowed uses on nearby properties.
(h) The application fee for Short Term Rental special review use applications
shall be the same as special review use applications for commercial uses, as may
be amended from time to time by resolution.
Section 2. Zone District May Amendment. The official Zone District Map for the Town
of Avon shall be amended to adopt and include the Short Term Rental Overlay zone district as
illustrated by Exhibit A, Short Term Rental Overlay Zone District map.
Section 3. Codification. The codifier of the Town's Municipal Code, Colorado Code
Publishing, is hereby authorized to make such numerical and formatting changes as may be
necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code.
Section 4. Severabililh If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity
shall not affect other provisions or applications of this Ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this Ordinance are
declared to be severable. The Town Council hereby declares that it would have passed this
Ordinance and each provision thereof, even though any one of the provisions might be declared
unconstitutional or invalid. As used in this Section, the term "provision" means and includes
any part, division, subdivision, section, subsection, sentence, clause or phrase; the term
"application" means and includes an application of an ordinance or any part thereof, whether
considered or construed alone or together with another ordinance or ordinances, or part thereof,
of the Town.
Section 5. Effective Date. This Ordinance shall take effect seven days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that
this Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to
the proper legislative object sought to be obtained.
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Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance
by posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of
the Town Clerk during normal business hours.
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 p.m. on
the 13th day of October, 2009, at the Council Chambers of the Avon Municipal Building,
located at One Lake Street, Avon, Colorado, on the 22"d day of September, 2009.
Ronald C. Wolfe, Mayor
Published by posting in at least three public places in Town and posting at the office of the
Town Clerk at least seven days prior to final action by the Town Council.
ATTEST: APPROVED AS TO FORM:
Patty McKenny, Town Clerk Eric Heil, Town Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on the 13th day of October, 2009.
Ronald C. Wolfe, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Patty McKenny, Town Clerk
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