Legal Notice

Date: December 6, 2018 Subject: An ordinance of the City of Littleton, Colorado, amending title 10, chapters 1, 3 and 4 of the Code including associated definitions, land uses and business license requirements, and establishing new regulations for short-term rentals Passed/Failed: Passed on first reading

CITY OF LITTLETON, COLORADO

ORDINANCE NO. 54 Series, 2018

INTRODUCED BY COUNCILMEMBERS: VALDES & SCHLACHTER

1 CITY OF LITTLETON, COLORADO 2 3 ORDINANCE NO. 54 4 5 Series, 2018 6 7 INTRODUCED BY COUNCILMEMBERS: VALDES & SCHLACHTER 8 9 AN ORDINANCE OF THE CITY OF LITTLETON, 10 COLORADO, AMENDING TITLE 10, CHAPTERS 1, 3 AND 11 4 OF THE ZONING CODE INCLUDING ASSOCIATED 12 DEFINITIONS, LAND USES AND BUSINESS LICENSE 13 REQUIREMENTS, AND ESTABLISHING NEW 14 REGULATIONS FOR SHORT-TERM RENTALS 15 16 WHEREAS, the planning commission on October 8, 2018, held a public hearing 17 and voted to recommend approval of an ordinance amending the definitions of lodging uses and 18 other associated definitions in Section 10-2-1 of Littleton Zoning Code for short-term rentals, 19 and establishing new regulations for short-term rentals; and establish new regulations for short- 20 term rentals, now Section 10-4-18; and 21 22 WHEREAS, the Littleton Zoning Code does not adequately address the topic of 23 regulating short-term rentals in the city's residential neighborhoods and city council directed staff 24 to draft regulations; and 25 26 WHEREAS, there was a moratorium in place until October 17, 2018, for the city 27 to not issue any more business licenses for short-term rentals in Littleton; and 28 29 WHEREAS, the city council finds that the proposed amendments to the city code 30 are in the best interest of the city and will promote the public health, safety and welfare of its 31 inhabitants; 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 34 THE CITY OF LITTLETON, COLORADO, THAT: 35 36 Section 1: Section 2 of Chapter 1 of Title 10 of the City Code is hereby amended 37 to delete the existing and add correct definitions for rental uses as follows: 38 39 : AN OWNER OCCUPIED, SINGLE FAMILY DETACHED HOME 40 HAVING FROM ONE TO NOT MORE THAN SIX (6) GUESTROOMS, AND PROVIDES 41 BREAKFASTS TO GUESTS. 42 43 DWELLING UNIT: One (1) or more rooms connected together but structurally divided from 44 other structures or from all other rooms in the same structure and providing residence for a 45 family living together as a single housekeeping unit. No such dwelling unit shall be occupied by 46 more than one (1) unrelated individual over the age of twelve (12) years who is required to 47 register as a sex offender under the provisions of Colorado Revised Statutes section 18-3-412.5, Ordinance No. 54 Series, 2018 Page 2

1 as amended. Provided however, that this section shall not require a resident to leave the home 2 upon becoming twelve (12) years of age. ONE (1) OR MORE HABITABLE ROOMS 3 CONSTITUTING A UNIT FOR RESIDENTIAL OCCUPANCY, WITH FACILITIES FOR 4 EATING, SLEEPING, BATHING, THAT OCCUPIES A STRUCTURE OR A PORTION OF A 5 STRUCTURE. NO SUCH DWELLING UNIT SHALL BE OCCUPIED BY MORE THAN 6 ONE (1) UNRELATED INDIVIDUAL EIGHTEEN (18) YEARS OF AGE OR OLDER WHO 7 IS REQUIRED TO REGISTER AS A SEX OFFENDER UNDER THE PROVISIONS OF THE 8 COLORADO REVISED STATUTES SECTION 18-3-412.5, AS AMENDED. PROVIDED, 9 HOWEVER, THAT THIS SECTION SHALL NOT REQUIRE A RESIDENT TO LEAVE THE 10 HOME UPON BECOMING EIGHTEEN (18) YEARS OF AGE. 11 12 DWELLING, MULTIPLE-FAMILY: Any structurally divided into two (2) or more 13 separate dwelling units including rooming/boarding and tourist homes. No such dwelling 14 unit shall be occupied by more than one (1) unrelated individual over the age of twelve (12) 15 years who is required to register as a sex offender under the provisions of Colorado Revised 16 Statutes section 18-3-412.5, as amended. Provided however, that this section shall not require a 17 resident to leave the home upon becoming twelve (12) years of age, nor shall this section apply 18 to any child required to register as a sex offender under said statute who is placed pursuant to 19 section 19-3-103(51.3), Colorado Revised Statutes in a foster care home certified or licensed 20 pursuant to article 6 of title 26, Colorado revised Statutes. NO SUCH DWELLING UNIT 21 SHALL BE OCCUPIED BY MORE THAN ONE (1) UNRELATED INDIVIDUAL 22 EIGHTEEN (18) YEARS OF AGE OR OLDER WHO IS REQUIRED TO REGISTER AS A 23 SEX OFFENDER UNDER THE PROVISIONS OF THE COLORADO REVISED STATUTES 24 SECTION 18-3-412.5, AS AMENDED. PROVIDED, HOWEVER, THAT THIS SECTION 25 SHALL NOT REQUIRE A RESIDENT TO LEAVE THE HOME UPON BECOMING 26 EIGHTEEN (18) YEARS OF AGE. 27 28 29 FAMILY: IS DEFINED AS: 30 31 A. AN INDIVIDUAL LIVING ALONE; 32 33 B. ANY NUMBER OF INDIVIDUALS, WHO ARE RELATED BY BLOOD, 34 MARRIAGE, OR LEGAL ADOPTION, INCLUDING FOSTER CHILDREN; AND 35 IMMEDIATE FAMILY AS DEFINED IN SUBSECTION E. 36 37 C. ANY UNRELATED GROUP OF INDIVIDUALS LIVING TOGETHER AS A 38 SINGLE HOUSEKEEPING UNIT UP TO A MAXIMUM OCCUPANCY AS 39 OUTLINED IN THE CITY'S ADOPTED BUILDING CODE AND WITH NO MORE 40 THAN A TOTAL OF FIVE UNRELATED PERSONS. 41 42 D. NO MORE THAN TWO UNRELATED INDIVIDUALS AND THEIR 43 RELATED CHILDREN AND/OR PARENTS; 2

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1 2 E. FAMILY SHALL NOT INCLUDE MORE THAN ONE INDIVIDUAL WO IS 3 REQUIRED TO REGISTER AS A SEX OFFENDER PURSUANT TO SECTION 18-3- 4 412.5 COLORADO REVISED STATUTES. THIS SECTION SHALL NOT APPLY TO 5 A REGISTERED SEX OFFENDER WHO IS LIVING WITH HIS IMMEDIATE 6 FAMILY, FOR PURPOSES OF THIS SECTION, IMMEDIATE FAMILY IS DEFINED 7 AS A PERSON, THE PERSON'S SPOUSE, THE PERSON'S PARENT, THE 8 PERSON'S GRANDPARENT, THE PERSON'S BROTHER OR SISTER OF THE 9 WHOLE OR HALF BLOOD, THE PERSON'S CHILD, THE PERSON'S STEP-CHILD 10 OR THE PERSON'S CHILD BY ADOPTION AND SHALL INCLUDE CHILDREN 11 WHO HAVE BEEN PLACED IN FOSTER CARE, AS DEFINED BY THE 12 COLORADO REVISED STATUTES. 13 14 HOTEL: A BUILDING IN WHICH OVERNIGHT LODGING IS PROVIDED AND 15 OFFERED TO THE PUBLIC FOR COMPENSATION, AND IS NOT A ROOMING 16 FACILITY OR BOARDING . A GUEST SHALL AT ALL TIMES BE PROHIBITED 17 FROM USING A HOTEL ROOM OR SUITE AS A PRIMARY PERMANENT RESIDENCE. 18 A HOTEL IS CHARACTERIZED BY AND MAY PROVIDE SOME OF THE FOLLOWING 19 AMENITIES: 20 21 A. A RESTAURANT OR OTHER FOOD KIOSK OPTIONS THAT MAY BE 22 AVAILABLE FOR FOOD SERVICE. 23 B. A CENTRAL, COMMON LOBBY WITH CHECK-IN/CHECK-OUT AND 24 GUEST SERVICES. EXAMPLES ARE VALET PARKING AND ROOM SERVICE. 25 C. ACCESS TO INDIVIDUAL HOTEL ROOMS OR SUITES SHOULD BE 26 EITHER INTERNAL OR THROUGH A SECURED INTERNAL COURTYARD. 27 D. PROVIDE HOUSEKEEPING SERVICES. 28 E. OFFER INTERNET ACCESS, DATA AND PHONE LINES IN ALL 29 ROOMS. 30 F. PROVIDE A GUEST FITNESS CENTER WITH EXERCISE AND FITNESS 31 EQUIPMENT. 32 G. A HOTEL SHALL AT ALL TIMES OPERATE ONLY AS A HOTEL, AND IN 33 NO EVENT SHALL IT BE CONVERTED TO A MULTIPLE FAMILY DWELLING 34 UNIT OR ANY OTHER FORM OF PERMANENT RESIDENCE. 35 H. AN EXTENDED STAY HOTEL IS CHARACTERIZED BY ONE OR MORE 36 OF THE FOLLOWING: 37 38 1. PROVIDE LARGER ROOMS (GREATER THAN 400 SQUARE FEET) 39 WITH A LIVING SPACE SEPARATE FROM THE BEDROOM. 40 2. EXTENDED STAY HOTELS SHALL PROVIDE 75 PERCENT OF 41 ALL SUITES WITH PULLMAN KITCHENS (PULLMAN KITCHENS 42 MAY CONTAIN SOME OR ALL OF THE FOLLOWING: SINK, 43 BUILT-IN COOK TOP OR STOVE, MICROWAVE OVEN AND 3

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1 REFRIGERATOR). 2 3. NINETY PERCENT OF ALL ROOMS WITHIN THIS CATEGORY 3 SHALL BE AVAILABLE TO GUESTS STAYING 90 DAYS OR LESS. 4 4. THIS TYPE OF FACILITY SHALL PROVIDE A HOSPITALITY 5 LOUNGE AND/OR MEETING ROOMS AND MAY PROVIDE 6 LIMITED RETAIL SPACE FOR NEWSSTANDS, GIFT SHOPS, AND 7 BUSINESS SERVICE CENTER. 8 5. EXTENDED STAY HOTELS MAY ALSO PROVIDE A 9 RESTAURANT/CAFÉ OR FOOD SERVICE, AND A FULLY 10 EQUIPPED FITNESS CENTER FOR GUESTS. 11 12 LOCAL CONTACT: A PROPERTY OWNER'S REPRESENTATIVE WHO RESIDES 13 WITHIN TEN MILES OF THE SUBJECT PROPERTY. A LOCAL CONTACT MAY BE 14 LOCATED OUTSIDE OF THE BOUNDARIES OF THE CITY OF LITTLETON. 15 16 : A BUILDING OR GROUP OF IN WHICH OVERNIGHT LODGING 17 IS OFFERED TO THE PUBLIC FOR COMPENSATION, WHETHER DETACHED OR 18 CONNECTED, OF ONE OR MORE STORIES WITH ROOMS THAT OPEN TO AN OPEN 19 OR ENCLOSED EXTERIOR WALKWAY ACCESS THAT IS NOT CONSIDERED AS AN 20 INTERIOR BUILDING CORRIDOR. A GUEST SHALL AT ALL TIMES BE PROHIBITED 21 FROM USING A MOTEL ROOM AS A PRIMARY PERMANENT RESIDENCE. A MOTEL 22 MUST MEET ALL OF THE FOLLOWING: 23 24 A. NO MORE THAN TEN PERCENT OF THE GUESTS RESIDE FOR A 25 PERIOD OF MORE THAN 30 DAYS. 26 B. A MOTEL SHALL AT ALL TIMES OPERATE ONLY AS A MOTEL AND IN 27 NO EVENT SHALL IT BE USED AS A MULTIPLE FAMILY DWELLING 28 UNIT OR ANY OTHER FORM OF PERMANENT RESIDENCE. 29 C. THE ESTABLISHMENT SHALL PROVIDE DAILY HOUSEKEEPING, 30 LINEN TELEPHONE AND OTHER SIMILAR SERVICES. 31 D. A MAIN OFFICE PROVIDING CHECK-IN, CHECK-OUT AND CUSTOMER 32 SERVICE FUNCTIONS. 33 34 ROOMING/BOARDING HOUSE: A residential structure containing a single dwelling unit and 35 two (2) or more guestrooms where lodging is provided, with or without meals, for compensation. 36 Includes rooming/boarding as a permitted use, as an accessory use, and as a tourist home as 37 provided in section 10-3-2 of this title. 38 39 ROOMING FACILITY AND/OR BOARDING HOUSE: A SINGLE DETACHED 40 DWELLING UNIT IN WHICH THE OWNER RENTS INDIVIDUAL ROOMS AND THE 41 INDIVIDUAL ROOMS DO NOT HAVE INDIVIDUAL COOKING/RESTROOM 42 FACILITIES. THE OWNER RESIDES ON THE PREMISE. THE UNIT IS DESIGNED TO 43 SERVE AS THE RESIDENCE OF INDIVIDUALS SUBJECT TO THE FOLLOWING: 4

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1 2 A. ROOMS MAY BE RENTED ON A MONTHLY BASIS. 3 B. THE ROOMS ARE GENERALLY FURNISHED BY THE OWNER. 4 C. COMMUNAL COOKING AND RESTROOM FACILITIES ARE PROVIDED. 5 D. OWNER PROVIDES SOME HOUSEKEEPING AND LINEN SERVICES. 6 E. THE RELATIONSHIP BETWEEN OWNER AND RESIDENT IS THAT OF A 7 LANDLORD/TENANT WITH REFERENCES AND DEPOSITS REQUIRED 8 OF THE RESIDENT. 9 F. ROOMS RENTED FOR A PERIOD OF LESS THAN THIRTY-ONE (31) 10 DAYS SHALL BE DEEMED A SHORT-TERM RENTAL. 11 12 SHORT-TERM RENTAL: A RENTAL OF A DWELLING UNIT OR PORTION THEREOF 13 FOR A PERIOD OF LESS THAN THIRTY-ONE (31) CONSECUTIVE DAYS, 14 CHARACTERIZED BY ONE OR MORE OF THE FOLLOWING: 15 16 A. THE RENTAL IS MARKETED ON-LINE AND MAY BE OFFERED 17 THROUGH A THIRD PARTY ENTITY (SUCH AS AIRBNB AND/OR TRIP 18 ADVISOR) AND SIMILAR ON-LINE ENTITIES. 19 B. THE RENTER HAS EXCLUSIVE USE OF THE PORTION OF THE 20 PREMISES RENTED. 21 C. DEPOSITS AND FEES MAY BE PAID IN ADVANCE AND MAY BE NON- 22 REFUNDABLE. 23 24 Section 2: Section 1(A) of Chapter 3 of Title 10 of the City Code is hereby 25 amended by adding an additional symbol of "ST" which is "Permitted pursuant to section 10-4- 26 18 of this title." 27 28 Section 3: Section 1(A) of Chapter 3 of Title 10 of the City Code is hereby 29 amended by renaming subcategory 3.60 to "LODGING SERVICES," renaming subcategory 3.61 30 to "ROOMING FACILITY/BOARDING HOUSE," renaming subcategory 3.62 to "HOTEL," 31 renaming subcategory 3.63 to "MOTEL." 32 33 Section 4: The addition of subcategory 3.67 will be named "BED AND 34 BREAKFAST" and be a permitted use (P) in zone district R-5, T and CA. The addition of 35 subcategory 3.68 will be named "SHORT TERM RENTALS" and be permitted pursuant to 36 section 10-4-18 of this title (ST) IN ALL RESIDENTIAL ZONING DISTRICTS, AND ANY 37 OTHER DISTRICT, INCLUDING PLANNED DEVELOPMENT DISTRICTS THAT PERMIT 38 RESIDENTIAL USES. 39 40 Section 5: Chapter 4 of Title 10 of the City Code is hereby amended by the 41 addition of a new Section 18 as follows: 42 43 SECTION 10-4-18: SHORT-TERM RENTALS: 5

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1 2 (A) PRIOR TO ISSUING A LICENSE UNDER THIS SUBSECTION ALL ADJACENT 3 PROPERTY OWNERS WITHIN THREE HUNDRED FEET, NOT INCLUDING 4 PUBLIC RIGHTS OF WAY SHALL BE NOTIFIED OF THE REQUEST FOR THE 5 LICENSE AND THAT THEY SHALL HAVE FOURTEEN (14) CALENDAR DAYS 6 TO PROVIDE COMMENTS TO THE COMMUNITY DEVELOPMENT 7 DEPARTMENT ON WHETHER THE LICENSE SHALL BE ISSUED. THE 8 COMMENTS THAT ARE RECEIVED SHALL BE CONSIDERED AS TO WHETHER 9 THE APPLICATION MEETS THE REQUIREMENTS OF SUBSECTION (B) OF THIS 10 SECTION. THE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR 11 IS FINAL AND NOT SUBJECT TO APPEAL. 12 13 (B) SHORT-TERM RENTALS, AS DEFINED IN SECTION 10-1-2, ARE PERMITTED 14 ALL RESIDENTIAL ZONING DISTRICTS AND OTHER NON-RESIDENTIAL 15 ZONING DISTRICTS THAT ALLOW RESIDENTIAL USES. SHORT-TERM 16 RENTALS SHALL BE DEEMED PERMITTED RESIDENTIAL USES IN THE 17 PLANNED DEVELOPMENT DISTRICTS UNLESS SUCH PLANNED 18 DEVELOPMENT DISTRICT LISTING OF ACCEPTABLE USES PROHIBITS 19 SHORT-TERM RENTALS. SHORT-TERM RENTALS SHALL COMPLY WITH THE 20 FOLLOWING REGULATIONS: 21 22 1. OPERATOR’S LICENSE. EACH PROPERTY OWNER OPERATING A 23 SHORT-TERM RENTAL SHALL OBTAIN A SHORT-TERM RENTAL 24 OPERATORS LICENSE FROM THE COMMUNITY DEVELOPMENT 25 DEPARTMENT. 26 27 2. OWNERSHIP. THE APPLICANT MUST PROVIDE PROOF THAT THEY 28 ARE THE FEE OWNER OF RECORD OF THE SUBJECT PROPERTY AND 29 MUST BE A RESIDENT OF THE CITY OF LITTLETON OR HAVE A 30 REGISTERED CURRENT BUSINESS ADDRESS IN THE CITY OF 31 LITTLETON. AN APPLICANT SHALL BE LIMITED TO ONE SHORT- 32 TERM RENTAL LICENSE FOR A DWELLING UNIT WITHIN THE CITY. 33 THE APPLICANT FOR THE LICENSE SHALL SIGN THE LICENSE 34 APPLICATION. SIGNATURE OF AN AGENT OR REPRESENTATIVE OF 35 THE APPLICANT IS NOT PERMITTED FOR A SHORT-TERM RENTAL 36 LICENSE. 37 38 3. PRIMARY RESIDENCE. PROOF OF PRIMARY RESIDENCE. A LICENSE 39 SHALL PROVIDE PROOF OF PRIMARY RESIDENCE AND MUST 40 PHYSICALLY RESIDE AT THE PRIMARY RESIDENCE FOR NOT LESS 41 THAN EIGHT MONTHS OF EACH LICENSING PERIOD. ACCEPTABLE 42 FORMS OF PROOF INCLUDE: 43 6

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1 (A) VOTER REGISTRATION SHOWING THE ADDRESS AS THE 2 ADDRESS FOR VOTING IN FEDERAL, STATE AND LOCAL 3 ELECTIONS; 4 (B) CAR REGISTRATION, SHOWING THE ADDRESS AS THE 5 ADDRESS FOR WHICH MOTOR VEHICLES ARE REGISTERED; 6 (C) DRIVER'S LICENSE SHOWING THE ADDRESS AS THE PLACE OF 7 RESIDENCE; 8 (D) FEDERAL OR STATE INCOME TAX RETURNS SHOWING THE 9 ADDRESS AS THE PLACE OF RESIDENCE OR A COUNTY 10 PROPERTY TAX BILL SHOWING THE PROPERTY ADDRESS AS 11 OWNER OCCUPIED; 12 (E) FEDERAL GOVERNMENT ISSUED DOCUMENT OR STATE 13 IDENTIFICATION DOCUMENT SHOWING THE ADDRESS AS THE 14 PLACE OF RESIDENCE; OR 15 16 4. PERMITTED STRUCTURES. PRIMARY AND ACCESSORY STRUCTURES 17 MAY BE ALLOWED AS PROVIDED BY SECTION 10-4-4 OF THIS CODE. 18 ALL STRUCTURES SHALL COMPLY WITH THE REGULATIONS FOR 19 PRIMARY AND ACCESSORY STRUCTURES, INCLUDING MAXIMUM 20 SIZE, HEIGHT, LOT, COVERAGE, AND SETBACKS, FOR THE 21 PROPERTY'S ZONE DISTRICT. 22 23 5. NUMBER OF SHORT-TERM RENTALS PER PROPERTY. IF A LOT 24 CONTAINS MORE THAN ONE LEGAL DWELLING UNIT, INCLUDING 25 ACCESSORY DWELLING UNITS, ONLY ONE DWELLING UNIT ON SUCH 26 LOT IS ELIGIBLE FOR AN OPERATOR'S LICENSE FOR A SHORT-TERM 27 RENTAL UNDER THIS CHAPTER. ALL APPLICABLE ZONING 28 REGULATIONS REGARDING DENSITY MUST BE MET IN ORDER TO 29 ALLOW A SHORT-TERM RENTAL TO OPERATE. 30 31 6. THE OWNER SHALL DISPLAY A COPY OF THE OPERATOR'S LICENSE 32 IN PROMINENT PLACE INSIDE THE PREMISES AND INDICATE THE 33 LICENSE NUMBER ON ANY ADVERTISING OR OTHER 34 ANNOUNCEMENTS OF THE SHORT-TERM RENTAL. THE OWNER 35 SHALL PROVIDE CONTACT INFORMATION FOR THE OWNER AND/OR 36 THEIR AGENT AND THEIR DESIGNATED LOCAL CONTACT IN 37 WRITING AND POST IN A PROMINENT PLACE INSIDE THE PREMISES. 38 39 7. THE OPERATOR OF A SHORT-TERM RENTAL SHALL PROVIDE THE 40 CONTACT INFORMATION FOR THE OWNER AND/OR THEIR AGENT 41 AND THEIR DESIGNATED LOCAL CONTACT IN WRITING TO EACH 42 NEIGHBOR ADJACENT TO THE PROPERTY. PUBLIC RIGHT OF WAY 43 SHALL BE EXCLUDED. 7

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1 2 8. SALES AND USE TAX LICENSE REQUIRED. IT SHALL BE UNLAWFUL 3 TO OPERATE A SHORT-TERM RENTAL WITHOUT HAVING FIRST 4 OBTAINED AND MAINTAINING IN GOOD STANDING A VALID CITY OF 5 LITTLETON SALES AND USE TAX LICENSE FOR THE PROPERTY OR 6 DWELLING UNIT TO BE UTILIZED AS A SHORT-TERM RENTAL. 7 8 9. OCCUPANCY. THE OCCUPANCY OF A SHORT-TERM RENTAL SHALL 9 NOT EXCEED A MAXIMUM OF 200 SQUARE FEET PER OCCUPANT 10 DIVIDED BY THE TOTAL AMOUNT OF LIVABLE SQUARE FEET OF 11 THE RENTAL BASED ON THE DEFINITION OF LIVABLE SPACE AS SET 12 FORTH IN THE INTERNATIONAL RESIDENTIAL CODE ADOPTED BY 13 THE CITY AND SUBJECT TO THE MAXIMUM OCCUPANCY LIMITS 14 THAT ARE APPLICABLE REQUIREMENTS OF THE ZONE DISTRICT, 15 BUILDING CODE OR ANY OTHER CITY CODE APPLICABLE OT THE 16 SUBJECT PREMISES. CONVERSIONS OF NON-LIVABLE SPACE SUCH 17 AS GARAGES OR BASEMENTS SHALL NOT COUNT AS LIVABLE 18 SQUARE FEET UNLESS SUCH SPACES MEET ALL REQUIREMENTS OF 19 THE INTERNATIONAL BUILDING CODE ADOPTED BY THE CITY. 20 21 10. ALL SHORT-TERM RENTALS MUST BE FOR A MINIMUM OF TWO (2) 22 CONSECUTIVE NIGHT RENTALS TO THE SAME PARTY. 23 24 11. PARKING REQUIREMENTS. PARKING REQUIREMENTS FOR THE 25 PROPERTY SHALL MEET THE NUMBER OF OFF-STREET PARKING 26 SPACES AS WOULD OTHERWISE BE REQUIRED TO SERVE 27 RESIDENTIAL USES FOR THE SPECIFIC AREA OF THE CITY IN WHICH 28 THE LICENSED PREMISES IS LOCATED, AS SET FORTH IN SECTION 10- 29 4-9 OF THIS CODE. NOTWITHSTANDING ANY OTHER PROVISION OF 30 THIS CODE, NON-CONFORMING PROPERTIES SHALL BE REQUIRED TO 31 COME INTO COMPLIANCE WITH THE PARKING REQUIREMENTS. THE 32 LOCATION OF REQUIRED OFF-STREET PARKING SHALL BE 33 IDENTIFIED IN THE LICENSE APPLICATION. A PROPERTY MAY NOT 34 PAVE ADDITIONAL PARKING SPACES AND REMOVE LANDSCAPING 35 TO ACCOMMODATE OFF-STREET PARKING SPACES ABOVE THE 36 PARKING REQUIREMENTS. 37 38 12. SAFETY REQUIREMENTS. EACH SHORT-TERM RENTAL SHALL BE 39 EQUIPPED WITH OPERATIONAL SMOKE DETECTORS, CARBON 40 MONOXIDE DETECTORS, AND FIRE EXTINGUISHERS ON THE 41 LICENSED PREMISES DURING EACH SHORT-TERM RENTAL 42 OCCUPANCY. IT SHALL BE UNLAWFUL TO OPERATE A SHORT-TERM 43 RENTAL WITHOUT A SMOKE DETECTOR, CARBON MONOXIDE 8

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1 DETECTOR OR FIRE EXTINGUISHER. THE COMMUNITY 2 DEVELOPMENT DIRECTOR OR HIS/HER DESIGNEE MAY INSPECT THE 3 DWELLING UNIT PROPOSED TO BE LICENSED FOR THE PURPOSE OF 4 VERIFYING COMPLIANCE WITH SUCH REQUIREMENTS. REFUSAL BY 5 THE APPLICANT TO ALLOW SUCH INSPECTION SHALL BE GROUNDS 6 FOR DENIAL, NONRENEWAL OR REVOCATION OF AN OPERATOR’S 7 LICENSE. 8 9 13. INSURANCE. THE LICENSEE MUST MAINTAIN UP TO DATE FIRE, 10 HAZARD AND LIABILITY INSURANCE. 11 12 14. COMPLIANCE WITH OTHER LAWS. THE DWELLING OR DWELLING 13 UNIT TO BE LICENSED MUST COMPLY WITH ALL APPLICABLE 14 FEDERAL, STATE AND LOCAL LAWS, INCLUDING BUT NOT LIMITED 15 TO, THE INTERNATIONAL FIRE CODE AS ADOPTED BY THE SOUTH 16 METRO FIRE RESCUE FIRE PROTECTION DISTRICT AND ALL CITY OF 17 LITTLETON CODES. 18 19 15. THE LICENSEE SHALL PROVIDE TO EACH SHORT-TERM RENTAL 20 CUSTOMER A COPY OF THE CITY'S NOISE, TRASH AND RELATED 21 REGULATIONS AND SHALL INDICATE A PRIMARY LOCAL CONTACT 22 WHO MAY BE CONTACTED BY THE CITY ON A 24 HOUR/7 DAY A 23 WEEK BASIS REGARDING ANY PROBLEMS WITH THE PROPERTY. 24 25 (C) CODES, COVENANTS AND RESTRICTIONS. NOTHING CONTAINED IN THIS 26 SECTION SHALL BE CONSTRUED AS OVERRULING ANY PROPERTY 27 RECORDED CODES, COVENANTS AND RESTRICTIONS THAT A DECLARANT 28 MAY HAVE ESTABLISHED AND RECORDED AND WHICH PROHIBIT SHORT - 29 TERM RENTALS WITHIN THE SUBJECT PROPERTY. 30 31 (D) LICENSE REQUIREMENTS: 32 33 1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CODE, A 34 SHORT-TERM RENTAL OPERATOR'S LICENSE SHALL BE GOOD FOR A 35 PERIOD OF ONE YEAR AND MUST BE RENEWED. THE LICENSE MAY 36 BE ISSUED FOR A PRO-RATA PERIOD. 37 38 2. ANY PROPERTY CURRENTLY LICENSED WITH A SALES TAX AND USE 39 LICENSE ISSUED BY THE CITY AND OPERATED AS A SHORT-TERM 40 RENTAL SHALL OBTAIN AN OPERATOR'S LICENSE PRIOR TO 41 JANUARY 1, 2020. 42 43 3. THE ANNUAL FEE FOR THE SHORT-TERM RENTAL OPERATOR'S 9

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1 LICENSE SHALL BE $45.00 AND AS SUBSEQUENTLY AS DETERMINED 2 BY CITY COUNCIL THROUGH ADOPTION OF THE CITY'S FEE 3 SCHEDULE, WHICH MAY BE AMENDED FROM TIME TO TIME. SUCH 4 FEE IS TO COVER THE CITY'S COST IN ISSUING AND MONITORING 5 LICENSES AND SHALL NOT BE A TAX. 6 7 4. THE APPLICANT MUST PROVIDE PROOF THAT INDICATES THEY ARE 8 THE FEE OWNER OF RECORD OF THE SUBJECT PROPERTY AND MUST 9 BE THEIR PRIMARY RESIDENCE. AN APPLICANT SHALL BE LIMITED 10 TO ONE SHORT-TERM RENTAL LICENSE FOR A DWELLING UNIT 11 WITHIN THE CITY. 12 13 5. A SITE PLAN OF THE PROPERTY MUST BE SUBMITTED TO THE CITY 14 TO PROVIDE DETAILED INFORMATION AS OUTLINED IN SECTION 10- 15 4-18. 16 17 6. A COPY OF THE PROPERTY'S UP TO DATE FIRE, HAZARD AND 18 LIABILITY INSURANCE SHALL BE PROVIDED. 19 20 7. A PRIMARY LOCAL CONTACT FOR THE PROPERTY MUST BE 21 PROVIDED TOGETHER WITH TELEPHONE NUMBERS, E-MAIL AND 22 SUCH OTHER INFORMATION AS DETERMINED TO BE RELEVANT BY 23 THE COMMUNITY DEVELOPMENT DEPARTMENT. SUCH CONTACT 24 MUST BE AVAILABLE 24 HOURS/7 DAYS A WEEK. A PRIMARY 25 CONTACT MUST BE LOCATED WITHIN TEN (10) MILES OF THE 26 PROPERTY'S ADDRESS. THE INFORMATION PERTAINING TO 27 PRIMARY CONTACT SHALL BE A PUBLIC RECORD SUBJECT TO 28 DISCLOSURE. 29 30 8. PAYMENT IN FULL OF ANY OUTSTANDING CIVIL PENALTY OR SALES 31 TAX LIABILITY OWED TO THE CITY 32 33 (E) VIOLATIONS. 34 35 1. UPON DETERMINATION OF THE COMMUNITY DEVELOPMENT 36 DIRECTOR THAT A LICENSEE HAS VIOLATED A REQUIREMENT OF 37 THIS CHAPTER PERTAINING TO SHORT-TERM RENTALS, THE 38 COMMUNITY DEVELOPMENT DIRECTOR SHALL PROVIDE WRITTEN 39 NOTICE OF THE IMPOSITION OF A CIVIL PENALTY FOR THE FIRST 40 OFFENSE DURING THE LICENSE PERIOD OF TWO HUNDRED AND 41 FIFTY ($250.00) DOLLARS. THE CIVIL PENALTY SHALL BE PAID TO 42 THE CITY PRIOR TO THE RENEWAL OF ANY BUSINESS LICENSE OR 43 SHORT-TERM RENTAL OPERATOR’S LICENSE. AFTER THIRTY 10

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1 CALENDAR (30) DAYS, SUCH CIVIL PENALTIES SHALL BE SUBJECT 2 TO INTEREST AT A RATE ESTABLISHED FOR UNPAID SALES TAXES. 3 4 2. UPON DETERMINATION OF THE COMMUNITY DEVELOPMENT 5 DIRECTOR THAT A LICENSEE HAS VIOLATED A REQUIREMENT OF 6 THIS CHAPTER PERTAINING TO SHORT-TERM RENTALS AND HAVING 7 DETERMINED THAT THE LICENSEE HAS HAD ONE OR MORE PRIOR 8 VIOLATIONS DURING THE LICENSING PERIOD, THE COMMUNITY 9 DEVELOPMENT DIRECTOR SHALL PROVIDE WRITTEN NOTICE OF 10 THE IMPOSITION OF A CIVIL PENALTY FOR THE SECOND AND EACH 11 SUBSEQUENT OFFENSE DURING THE LICENSE PERIOD OF FIVE 12 HUNDRED ($500.00) DOLLARS. THE CIVIL PENALTY SHALL BE PAID 13 TO THE CITY PRIOR TO THE RENEWAL OF ANY BUSINESS LICENSE 14 OR SHORT-TERM RENTAL OPERATOR’S LICENSE. AFTER THIRTY 15 CALENDAR (30) DAYS, SUCH CIVIL PENALTIES SHALL BE SUBJECT 16 TO INTEREST AT THE RATE ESTABLISHED FOR UNPAID SALES 17 TAXES. 18 19 3. FAILURE TO COMPLY WITH ANY OF THE REQUIREMENTS OF THIS 20 SECTION, OR ANY OTHER ZONING, BUILDING OR CITY CODE 21 APPLICABLE TO THE SUBJECT PREMISES OR THE FAILURE TO PAY 22 ANY CIVIL PENALTIES IMPOSED UNDER THIS CHAPTER SHALL BE 23 GROUNDS FOR DENIAL, NONRENEWAL OR REVOCATION OF A 24 SHORT-TERM RENTAL OPERATOR’S LICENSE. A SHORT-TERM 25 RENTAL OPERATOR’S LICENSE SHALL BE REVOKED IN THE SAME 26 MANNER AS A BUSINESS LICENSE UNDER CHAPTER 3 OF THIS CODE. 27 28 4. A SHORT-TERM RENTAL OPERATOR LICENSEE MAY APPEAL THE 29 IMPOSITION OF A CIVIL PENALTY OR THE REVOCATION OF A 30 LICENSE BY FILING A NOTICE OF APPEAL WITH THE FINANCE 31 DIRECTOR WITHIN FOURTEEN CALENDAR DAYS OF THE IMPOSITION 32 OF THE PENALTY OR REVOCATION OF THE LICENSE. THE FINANCE 33 DIRECTOR OR A HEARING OFFICER APPOINTED BY THE FINANCE 34 DIRECTOR SHALL HEAR THE APPEAL. IF THE FINANCE DIRECTOR OR 35 HEARING OFFICE FINDS BY A PREPONDERANCE OF THE EVIDENCE 36 THAT A VIOLATION WARRANTING IMPOSITION OF A CIVIL PENALTY 37 HAS OCCURRED OR A VIOLATION WARRANTS REVOCATION OF 38 LICENSE, THE ACTION OF THE COMMUNITY DEVELOPMENT 39 DIRECTOR SHALL BE UPHELD. ANY FURTHER APPEAL SHALL BE 40 PURSUANT TO COLORADO RULES OF CIVIL PROCEDURE RULE 41 106(a)(4). 42 43 5. THE CITY ATTORNEY MAY FILE AN ACTION IN A COURT OF 11

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1 COMPETENT JURISDICTION TO COLLECT ANY UNPAID CIVIL 2 PENALTIES AND INTEREST. 3 4 Section 6: Section 2-1 of Chapter 9 of Title 3 of the City Code is hereby amended 5 as follows: 6 7 SECTION 3-9-2-1: LICENSE REQUIRED: 8 9 (A) It shall be unlawful for any person to engage in the business of selling at retail, as the 10 same is defined in this chapter, without first having obtained a license therefor, which license 11 shall be applied for on a form prepared by the city treasurer FINANCE DIRECTOR. EXCEPT 12 FOR THOSE LICENSES IN SUBSECTION B OF THIS SECTION, no fees shall be charged for 13 issuance of the license, and it shall be issued by the treasurer FINANCE DIRECTOR unless he 14 or she determines that the business to be operated would violate any of the statutes of the state of 15 Colorado, of the or any of the provisions of this code. FAILURE TO PAY ANY 16 OUTSTANDING CIVIL PENALTIES OWED TO THE CITY OR ANY SALES TAX 17 LIABILITY TO THE CITY SHALL BE GROUNDS FOR REFUSING TO ISSUE A 18 BUSINESS LICENSE. Zoning approval shall be required for all sales and use tax licenses 19 provided, however, that if the person or entity seeks a sales and use tax license for an adult 20 entertainment establishment, the license shall be issued by the treasurer FINANCE DIRECTOR 21 within five (5) days of application therefore, unless the adult entertainment establishment is in or 22 proposed to be located in a location where such establishments are not permitted under this code. 23 Except for those licenses in subsection B of this section, said license shall be and remain in full 24 force and effect until and unless revoked. 25 26 (B) FOR THOSE BUSINESS, SALES AND USE TAX LICENSES ISSUED FOR THE 27 FOLLOWING ITEMS UNDER THIS SECTION, SUCH LICENSES SHALL BE ISSUED FOR 28 A ONE YEAR CALENDAR PERIOD BEGINNING ON JANUARY 1 OF EACH YEAR, 29 EXCEPT THE PRORATED PERIOD OF THE YEAR IN WHICH THIS SECTION WAS 30 ADOPTED MAY BE ADDED TO THE FIRST YEAR. FOR EACH LICENSE ISSUED 31 PURSUANT OT THIS SUBSECTION NO FEE SHALL BE CHARGED: 32 33 1. SHORT-TERM RENTALS AS DEFINED IN CHAPTER 10 OF THE CODE. 34 35 (C) FOR THOSE CURRENT SALES AND USE TAX LICENSES ISSUED FOR AN ITEM 36 UNDER SUBSECTION (B) OF THIS CODE, SUCH LICENSES SHALL EXPIRE ON 37 DECEMBER 31,2019. 38 39 Section 7: Severability. If any part, section, subsection, sentence, clause or 40 phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the 41 validity of the remaining sections of this ordinance. The City Council hereby declares that it 42 would have passed this ordinance, including each part, section, subsection, sentence, clause or 43 phrase hereof, irrespective of the fact that one or more parts, sections, subsections, sentences, 12

Ordinance No. 54 Series, 2018 Page 13

1 clauses or phrases may be declared invalid. 2 3 Section 8: Repealer. All ordinances or resolutions, or parts thereof, in 4 conflict with this ordinance are hereby repealed, provided that this repealer shall not repeal the 5 repealer clauses of such ordinance nor revive any ordinance thereby. 6 7 8 INTRODUCED AS A BILL at a regularly scheduled meeting of the City Council

9 of the City of Littleton on the 4th day of December, 2018, passed on first reading by a vote of 6

10 FOR and 0 AGAINST; and ordered published by posting at Littleton Center, Bemis Library, the

11 Municipal Courthouse and on the City of Littleton Website.

12 PUBLIC HEARING on the Ordinance to take place on the 18th day of December,

13 2018, in the Council Chamber, Littleton Center, 2255 West Berry Avenue, Littleton, Colorado,

14 at the hour of 6:30 p.m., or as soon thereafter as it may be heard.

15 PASSED on second and final reading, following public hearing, by a vote of FOR

16 and _____ AGAINST on the 18th day of December, 2018, and ordered published by posting at

17 Littleton Center, Bemis Library, the Municipal Courthouse and on the City of Littleton Website.

18 ATTEST:

19 ______20 Wendy Heffner Debbie Brinkman 21 CITY CLERK MAYOR 22 23 24 ______25 Lena McClelland 26 ASSISTANT CITY ATTORNEY 27 28

13