Show All Answers

1. What does it mean to put a moratorium on residential building and vacation rental permits?

The moratorium is a legally authorized means for Aspen City Council to delay the performance of a legal obligation. In this case, the moratorium put a temporary pause on the issuance of residential building and vacation rental permits.

2. What do the moratoria affect?

Per Ordinance No. 8, Series 2022, there is a temporary moratorium on the acceptance of any new land use application seeking a development order or notice of approval, and on the acceptance of certain building permit applications for all residential uses in all zone districts within the city of Aspen. The moratorium on residential building permits extends until August 8, 2022.

The moratorium applies to residential properties within Aspen city limits. It does not apply if:

1. A land-use application for a Development Order or Notice of Approval was submitted to the Community Development Department prior to the final passage of the ordinance and was deemed to be complete by the Community Development Department Director.
2. A land-use application is seeking a Development Order or Notice of Approval for a project consisting of 100% affordable housing as that term is defined at §26.104.100 of the Aspen Municipal Code, or as may be deemed necessary for the issuance of Certificates of Affordable Housing for a 100% affordable housing project, or as determined by the Community Development Director.
3. The land use application involves Voluntary Aspen Modern designation processes (has a historic designation) that meet the requirements of § 26.415.025.C and 26.415.030.

Per Ordinance No. 26, Series 2021, there is a moratorium on the issuance of new vacation rental (short-term rental) permits until September 30, 2022.

3. When do the moratoria end?

The moratorium on the issuance of certain residential building permits ends on August 8, 2022. 

The moratorium on the issuance of short-term rental permits ends on September 30, 2022.

4. What’s the difference between a vacation rental and a short-term rental?

Per the City of Aspen municipal code, a vacation rental is defined as “The short-term occupancy of a residential dwelling unit by the general public for a fee. A vacation rental shall not include the rental of individual rooms within a residential dwelling unit.” Therefore, a “vacation rental” is also known as a “short-term rental”.

5. I have a vacation rental permit that was issued before December 8, 2021. Am I still allowed to rent out my vacation rental?

If you submitted an application for a vacation rental permit prior to 5 p.m. on December 8, 2021, and it was approved, you may continue to operate under your vacation rental permit until September 30, 2022. We are not accepting additional vacation rental permit applications at this time.

6. Am I allowed to rent out my home as a vacation rental under the moratorium?

The deadline to apply for a vacation rental permit was 5 p.m. on December 8, 2021. If you submitted an application for a vacation rental permit prior to 5 p.m. on December 8, 2021, and it was approved, you may continue to operate under your vacation rental permit until September 30, 2022. We are not accepting additional vacation rental permit applications at this time.

7. What’s the difference between a vacation rental and a long-term rental?

As outlined by the Municipal Code, a  vacation rental dwelling unit is considered a vacation rental (short-term rental) if it is rented or leased for a short term period, which is defined as a length of time that is equal to or less than thirty (30) consecutive days without limitation in the following zone districts: Lodging Zone Districts, Commercial Zone Districts, Mixed Use Zone Districts, and Residential Zone Districts.

8. May I still apply for a vacation rental permit?

We are not accepting additional vacation rental permit applications at this time. The exception to this is if a property had a vacation rental permit last year and the ownership changed hands. Then, the new owner can request a permit. Questions? Contact our finance department.

9. What’s the difference between a vacation rental and a lodging rental?

There are a lot of similarities between lodges and vacation rentals (short-term rentals), including:

1. That they provide accommodations to visitors to Aspen.  
2. That they often provide a range of amenities and services to the guests who are staying in these units.  
3. That both lodges and vacation rentals hold business licenses and pay sales and lodging tax to the City of Aspen. 
4. For both, guests are limited to a maximum stay of 30 days or less.  

This is where the similarities end. Lodges are commercial properties, and vacation rentals operate in residential properties. Lodges are generally located in areas of the city (zone districts) that are intended and designed to provide for the impacts of commercial uses. Vacation rentals, being operated in residential buildings or neighborhoods, are often not located in areas that can withstand the impacts of these rentals without burdening neighbors or Aspen’s infrastructure. Property taxes for lodges are based on commercial tax rates. Vacation rentals, being located in residences, have a much lower property tax burden. Lodges generally have 24-hour, seven days per week, on-site management. Vacation rentals are typically managed or rented by off-site entities including property management firms or real estate agents. Lastly, under current regulations, the requirements for lodges to ensure the safety of their guests, provide for a quality visitor experience, and contribute to Aspen’s efforts to facilitate a functioning economy and maintain a sustainable system of infrastructure, are significantly more rigorous than those required of vacation rentals.