Short-Term Rental Operations

18.04.5.4 Short-Term Rental

1. Defined. The rental of a dwelling unit, or a portion thereof, that is rented for purpose of lodging for terms of not less than one day and not more than twenty-nine days also known as a vacation rental.
2. The maximum number of short-term rentals shall not exceed two percent (2%) of the City's residential structures based on the most recent numbers from the State of Colorado Demography Office in existence at the beginning of each calendar year (2,800 in 2013). No applications for a short-term rental will be accepted if the maximum number has been met. Permitted short-term rentals in existence at the time of the adoption of this chapter shall be considered in the calculation of the maximum number of short-term rentals allowed.  
3. Use Standards. In addition to complying with all other requirements of this LUDC, every short-term rental unit shall meet, at a minimum, the following standards. Failure to comply with the standards in this section may constitute grounds for revocation of the Short-Term Rental Permit under Section 18.06.4.5. Revocation may be appealed to the Planning Commission within ninety (90) days of notice of failure to comply.
   1. It shall be unlawful for any person to operate any short-term rental unit use without a valid short-term rental unit permit.
   2. The short-term rental unit permit does not run with the property but is issued to the specific owner of the property. The permit shall expire upon sale or transfer of the property, change of personal guarantors constitutes transfer of the property. The permit shall not be transferred or assigned to another individual, person, entity, or address but may be managed by a third party on behalf of the owner.
   3. The short-term rental unit permit is valid for one year from the date of issuance. The permit may be renewed for additional one-year periods if in compliance with this LUDC.
   4. The short-term rental shall be the property owner’s primary residence for one hundred eighty five (185) or more days of the calendar year.
   5. The short-term rental must be occupied by renters for a minimum of twenty-one days per calendar year.
   6. Individual rooms in a dwelling unit shall not be available for short-term rental unless the owner of the property resides on the property.
   7. At least one fire extinguisher must be provided on each floor level unless more are required per the International Fire Code (IFC) and the location clearly marked on each floor level of the dwelling unit. The short-term rental must be equipped with carbon monoxide alarms installed within fifteen feet of the entrance to any bedroom or other room that is lawfully used for sleeping.
   8. Occupancy of the short-term rental shall not exceed occupancy load pursuant to the City's duly adopted building code.
   9. Each short-term rental shall have a clearly visible and legible notice posted within the unit on or adjacent to the front door that includes the following. This information shall also be listed within the rental contract for the property:
      1. An evacuation route and emergency instructions.
      2. The maximum number of occupants permitted to stay in the short-term rental.
      3. The maximum number of vehicles allowed for the occupants of the short-term rental per Section 18.03.8.3.
      4. Trash pickup day and the notification of all rules and regulations regarding trash removal, including without limitation, when trash may be left out.
      5. The name, address, and phone number of the owner and/or property manager.
      6. The location of the fire extinguishers and carbon monoxide alarm.
      7. The owner or manager shall ensure that the occupants and/or guests of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this LUDC pertaining to noise or disorderly conduct by notifying the occupants of the rules regarding short-term rentals and responding by telephone or in person when notified that occupants are violating law regarding their occupancy.
   10. Short-term rentals shall be separated by a minimum of a five hundred (500) foot radius measured from each of the property's corners.
   11. The owner must provide the City with updated contact information for either the owner or property manager within twenty-four (24) hours of the change.
   12. Listing Requirements. At the time of listing the short-term rental with any lodging or booking agency or website designed to find customers, a copy of the listing ad must be provided to the City for each booking agency or website where the owner is advertising for renters. Each listing must contain the Short-Term Rental Permit number in the advertisement and a statement that unit is in compliance with all LUDC requirements. The sole act of advertising a property as a short-term rental requires approvals as outlined in this LUDC, failure to comply with this requirement, and to include this information in all advertised listings is a violation of this chapter. 
   13. Existing Permitted Short-Term Rentals. Permitted short-term rentals in existence as of June 7, 2016 may continue to operate subject to their previously issued use permits until the use is terminated or revoked in accordance with this section. Permits for short-term rentals in existence prior to June 7, 2016, may be amended and renewed as per the Short-Term Rental Permit procedure set forth in Section 18.06.4.5 without regard for the five hundred-foot (500’) distance limitation set forth in this Section and shall meet all other standards of this Section. 
   14. Abandonment and Revocation of Existing Permitted Short-Term Rentals. Use of property for short-term rental shall be deemed abandoned upon delivery to the City of written notice by the property owner, operator, or its representative that units previously approved for occupancy short-term rental will no longer be used for that purpose. Once the use of property for short-term rental occupancy is abandoned, approval of a new application under the provisions of this chapter shall be required before the property may be used again for a short-term rental. The short-term rental shall also be considered abandoned if the property owner discontinues use of the property for short-term rental for a period of twelve (12) continuous months. 
   15. Inspection. The owner shall permit the City to inspect the short-term rental dwelling unit or individual rooms with property owner permission and twenty-four (24) hour notice for compliance with the provisions of this chapter and other provisions of this LUDC. The permittee shall maintain records of occupancy for each short-term rental unit, which shall be made available to the City, upon request, for review and inspection at any time.  
   16. Violation and Penalties. A violation of this chapter may subject the short-term rental to revocation. Any person or entity that fails, violates or refuses to comply with any requirement of this chapter shall be punishable as provided in Section 18.06.4.27.