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HomeMy WebLinkAboutagenda.council.worksession.202203011 AGENDA CITY COUNCIL WORK SESSION March 1, 2022 4:00 PM, City Council Chambers 427 Rio Grande Place, Aspen WEBEX MEETING INSTRUCTIONS WEBEX MEETING INSTRUCTIONS TO JOIN ONLINE: Go to www.webex.com and click on "Join a Meeting" Enter Meeting Number: 2552 188 8471 Enter Password: 81611 Click "Join Meeting" -- OR -- JOIN BY PHONE Call: 1-408-418-9388 Enter Meeting Number: 2552 188 8471 Enter Password: 81611 I.WORK SESSION I.A.Moratorium Project Update - Short Term Rentals 1 MEMORANDUM TO:Mayor Torre and Aspen City Council FROM:Phillip Supino, Community Development Director MEMO DATE:February 25, 2022 MEETING DATE:March 1, 2022 RE:Short-Term Rental Policy Guidance REQUEST OF COUNCIL: Staff requests Council provide policy direction regarding specific approaches for future short-term rental (STR) regulations to inform the public engagement and the regulation development process. SUMMARY AND BACKGROUND: In December 2021, Council passed Ordinance 27, Series of 2021 declaring an emergency, and instituting a moratorium on certain residential development activities and new short-term rental permits. Council also adopted Ordinance No. 26, Series of 2021 further clarifying that no new short-term rental permits would be issued until after September 30, 2022. Since that time, staff has held work sessions with Council to frame the issues, identify problem statements, and establish the work plan for moratorium code amendments. This work session is the next in a series, lasting through May 2022. In these discussions Council will be presented with information from staff, consultants, and input from public engagement efforts, and will be asked to provide direction on the development of ordinances to amend the Land Use Code (LUC). The focus of the March 1 Work Session is STRs. Staff and Council have been working since the fall of 2019 on quantifying the STR market. As a major step in these efforts, the Finance Department instituted the MuniRevs STR management system. Permitting and tax compliance increased as a result, and the City has developed a new and useful data set around the location, extent, and compliance of STRs. This data has informed Council work sessions around the topic of STRs and has assisted staff in more effectively enforcing permitting and tax regulations. On November 16, 2021, staff presented to Council in a work session discussing next steps for exploring further regulations of STRs. At that meeting, Council directed staff to pursue further regulations, specifically looking at the number and location of STRs, good neighbor and nuisance policies, permitting, financial compliance, fees, and enforcement. Council also directed staff to analyze the relationship between Condo-Hotels (Condo-tel) and otherSTR ownership and management structures. Following that work session and the adoption of Ordinance 27, staff has begun analysis, stakeholder and community engagement, and contracted with consultants to assist in the development of regulations 2 Staff Memo, Short-term Rental Regulations Page 2 of 7 for Council consideration. This work session is a key step in receiving specific direction from Council to shape staff and consultant work and inform our work with the community. As a reminder from previous moratorium discussions, two considerations are essential to further the organization and consideration of this work. First, that Aspen’s Climate policy goals are central to our analysis of the problems and the development of regulatory responses. Secondly, the Aspen Area Community Plan (AACP) remains as the City’s primary guidance and vision as we work towards solutions to the issues identified in Ordinance 27. Staff has also identified significant constraints to our work on this complex set of topics: time, the ongoing pandemic, the “wicked” nature of the problems, and the significant conflicting views on these topics within the community. Staff is focused on managing a process and developing ordinances for Council consideration in the context of those significant constraints. STAFF DISCUSSION: This memo and work session are designed to shape the specific inquiries staff will explore in working with our consultants, stakeholders, and the general public. In the February 1st work session, staff outlined general policy areas on which the STR process would focus: Zoning, Good neighbor policies, Operational standards, Life safety standards, Permitting processes and limitations, Financials, and Enforcement. The strategies identified in this memo are based on each of those policy areas, potential effects of those regulations to be analyzed, and specific questions to guide staff’s work. Following this work session, staff will take this specific direction to the consultants, stakeholders for analysis and the public for input. This feedback will shape the contents of the ordinance which Council will consider in April. At the January 11 work session, Council supported several problem statements related to STRs which have formed the basis of staff’s thinking about the topic. Staff has identified potential regulatory solutions to address each of those problem statements and seeks direction from Council on their desire for staff to include those in our consultant and community engagement work. The following discussion is based on those problems statements and asks specific questions of Council on different regulatory tools identified through staff research. Problem Statement #1 STRs are a land use distinct from residential and lodge uses. Yet land use regulations do not make that distinction. This results in a variety of inequities and community impacts which our current system fails to address. Possible Response: 3 Staff Memo, Short-term Rental Regulations Page 3 of 7 Create a new definition of short-term rental as a distinct land use type from residential uses and listed as permitted, conditional, or prohibited land use within specific zone districts. o Sister communities with specific STR land use definitions or use types which inform STR regulations include: Avon, Crested Butte, Denver, Durango, Estes Park, Glenwood Springs, Salida, Telluride, Summit County, Park City, Utah, Jackson, Wyoming, Moab, Utah, Whistler, British Columbia. Question for Council 1. Does Council support staff and consultants exploring a new land use type definition as a possible basis for regulating STRs, including where they can be located, under what conditions, at what concentration, and other factors? Problem Statement #2 Aspen has not sought to mitigate the impacts of STRs on employee generation and other infrastructure and service demands. Possible Responses: Assess a permit fee on STR permits which mitigates community impacts and program administration costs. o Sister communities with STR permit fees include: Basalt, Blue River, Breckenridge, Crested Butte, Dillon, Durango, Estes Park, Frazer, Frisco, Glenwood Springs, Grand Lake, Mt. Crested Butte, Salida, Silverthorne, Steamboat Springs, Telluride, Vail, Summit County, Park City, Utah, Jackson, Wyoming, Moab, Utah. (See Exhibit A for permit fee details by community.) Increase the current lodger’s tax rate or assess an alternative STR tax. o See exhibit B for details on sister communities with applicable lodger’s taxes and distinct STR taxes. Assess impact fees on STRs tied to employee generation from the operation of a STR. This could be distinct from affordable housing impact fees tied to development activities as exist in the current Land Use Code. o City staff and our consultants are researching communities around the country where impact fees specific to STRs may be assessed. The Colorado Association of Ski Towns (CAST) surveys of sister communities in the west does not include analysis of impact fees. Questions for Council 1. Does Council wish to consider permit fees as a component of new STR regulations and permitting? 2. Does Council wish for staff to analyze the appropriateness of the current local tax regime assessed on STRs and potential for revised taxes? 3. Should staff consider impact fees, in addition to permit fees and taxes, as a tool for mitigating community impacts from STRs? Problem Statement #3 4 Staff Memo, Short-term Rental Regulations Page 4 of 7 The community has not established review criteria to ensure basic health and safety standards for individual STRs, or to provide common expectations related to property management and guest behavior standards. Possible Responses: Develop life safety standards for permitted STRs (e.g. fire code compliance and available suppression equipment, exiting maps, emergency contact listings, occupancy limitations). o Municipal governments routinely enforce life safety standards for occupancy of structures. Building and fire codes set standards for fire safety, exiting, occupancy limits, and countless other factors to ensure buildings and the uses and activities in buildings are safe for occupants and the public. City staff can use existing codes to develop life safety standards commensurate with local practices and laws. Develop mandatory, regular inspections of STRs for life safety compliance. o Communities around the country have different approaches to ensuring life safety standards in STRs. For example, Glenwood Springs requires a Building Department inspection for life safety compliance prior to permit issuances or renewal. (See Exhibit E.) Develop enhanced messaging and compliance standards for good neighbor policies and nuisance regulations (e.g. parking, waste management, noise, wildlife protection). o In addition to requirements and inspections for life safety, communities often require STRs to provide information to occupants about how to be “good neighbors” when in the property and how to comply with a variety of municipal codes. Guidelines may include where to park, how to keep bears safe, solid waste management, noise and lighting regulations. o Staff and consultant research would identify best practices from relevant communities. Questions for Council 1. Does Council support inclusion of life safety standards, property inspections, and good neighbor policies in new STR regulations? Problem Statement #4 The scale and rapid expansion of STRs are changing the nature of important aspects of neighborhood and community character in ways that we are just beginning to understand. It is clear that some STRs are operating as commercial uses in dedicated residential zone districts. Possible Responses: Require neighborhood noticing of STR permit applications prior to permit issuance to inform residents of a property’s potential operation as an STR. o The following sister communities require noticing of adjacent properties seeking STR permits: Crested Butte, Durango, Glenwood Springs, Grand Lake, Silverthorne, Steamboat Springs, Vail, Summit County, Park City, Utah, Jackson, Wyoming. 5 Staff Memo, Short-term Rental Regulations Page 5 of 7 o Noticing allows for greater neighborhood and public dialogue about STRs, informs residents about their location, and increases transparency in land uses in neighborhoods. Develop Land Use Code and permit distinctions between STR types (e.g. owner- occupied, Condo-tel, non-owner occupied) and different permits for those categories. o Council has directed staff in recent discussions to ensure that owner- occupied STRs and Condo-tels are distinguished from other types of STR in the development of new regulations. o At this point in our research, staff and consultants are not aware of communities which distinguish between STR types or issue distinct permits for different types of STRs. Typical distinctions in transient lodging are focused on zoning for residential-based STRs (e.g. private homes or condos) and lodging uses (e.g. hotels). STR regulations typically apply to transient lodging provided in private residential properties. Research has not yielded examples of communities that have separate permits or requirements of lodge-types properties such as Condo-tels. Further research may identify case studies to analyze on this topic. o There are LUC tools, including definitions, use categories, and zoning, and permitting tools which staff can use to respond to Council direction on this topic. o There are sister communities which distinguish between owner-occupied and non-owner-occupied STRs, including: Basalt, Denver, Estes Park, Whistler, British Columbia. Use zoning standards to control the location, number, and distribution of STRs. o Zoning is the basis for many sister communities STR regulations. Zoning is effective in focusing specific land uses in appropriate areas of town while limiting or prohibiting it from others. Considerations in the application of zoning to control locations of a specific land use include surrounding land uses, infrastructure (e.g. transit, utilities, pedestrian infrastructure), and access to commercial and service areas. o Using zoning to control the location of STRs will typically place limits on the number of STRs in the community. If it is not allowed in certain zones there may be fewer of them in town as a whole. Therefore, zoning controls can be a means to limiting the number separate from placing a numerical cap on the number of permits issued. o Sister communities with zoning limitations include: Avon, Crested Butte, Denver, Durango, Estes Park, Salida, Telluride, Summit County, Park City, Utah, Jackson, Wyoming, Moab, Utah, Whistler, British Columbia. Develop duration limitations for STR permits limiting the number of days per year that a permitted property can be operated as an STR. o This tool can limit the frequency of transient use of residential properties. It could be an effective means for Council to address neighborhood character concerns with respect to the impact of STR use to neighboring properties and the cumulative impact of STR concentrations within a given area of town. 6 Staff Memo, Short-term Rental Regulations Page 6 of 7 o Additional research is needed to identify case studies where communities limit the days per year that a residential property may be used as an STR. Questions for Council: 1. Should staff continue researching neighborhood noticing requirements for STRs? 2. Does Council support creating use and permitting distinctions between owner- occupied, Condo-tel, and other STR types? 3. Does Council desire analysis of the impact on number, concentration, and location of controlling STR uses by zone district? 4. Does Council desire the inclusion of duration limitations in the development of new regulations? Problem Statement #5 STRs, particularly in multi-family developments, have accelerated a transition of many housing units that previously were owned or rented by working locals into de facto lodge units. The displacement of locals from these units over time is not a new trend, but STRs have brought a new scale and pace to this challenge. Possible Responses: In addition to the zoning tools described above, additional tools based on zoning and spatial factors are available. Concentration limitations control the number per block, neighborhood, or within multi-family structures. These can be effective tools for limiting neighborhood impacts, limiting conversion of long- term and owner-occupied housing to STR, and distributing STR uses within appropriate zones in the community. Questions for Council 1. Does Council desire additional information about concentration limitations as a tool for regulating STRs? Enforcement In addition to the policy and regulatory considerations listed above, enforcement is a central consideration in the development of new regulations and management of a potentially expanded STR program in the City. Currently, enforcement of the City’s limited STR regulations is conducted by the Police Department, Community Development and Environmental Health and Legal staff. Enforcement is conducted in accordance with the standards for zoning and nuisance matters as described in the Municipal Code. It is complaint based, with no pro-active enforcement by City staff. Communities with more robust STR regulations often include active enforcement, including inspections and audits to ensure compliance. This approach often requires dedicated staff or a contractor and standardized enforcement procedures. Depending on the extent of new regulations desired by Council, staff may have to develop enforcement standards and processes. This will ensure that new regulations can be properly implemented and Council and the communities’ expectations for STR uses in the community can be met. 7 Staff Memo, Short-term Rental Regulations Page 7 of 7 Questions for Council: 1. Does Council desire for staff and consultants to develop active enforcement proposals for Council consideration in conjunction with proposed new regulations? CONCLUSION AND NEXT STEPS: With direction from Council provided during the work session, staff will continue our research, outreach, and development process. Staff will return with consultant reports and draft regulations on specific topics for Council consideration in work session in March and April as they are available. FINANCIAL IMPACTS:N/A ENVIRONMENTAL IMPACTS:N/A. ALTERNATIVES:N/A RECOMMENDATIONS:Staff recommends Council consider each of the questions posed in the memo and direct staff and consultants to develop draft regulations in response to majority Council direction. CITY MANAGER COMMENTS: EXHIBITS: Exhibit A – CAST STR Regulations Matrix Exhibit B – CAST Lodging and STR Tax Survey Exhibit C – CAST STR Best Practices Summary Exhibit D – Gateway and Natural Amenity Community STR Best Practices Guide Exhibit E – City of Glenwood Springs STR Guide and Application 8 City Primary Residence Allowed Non-Primary Residence Allowed Which Taxes Required Tax Collected: By municipality or listing agency License Required Neighbor Notification Concentration Limit Zoning Limitations Fees Aspen Yes Yes, but Deed Resticted affordable/employee units are prohibited in being used as STRs Sales (2.4%) Lodging (2.0%) + state and county The property owner is the liable party for the tax. Any property management company or other intermediary can pay the tax on behalf of the owner. Yes, a short-term vacation rental permit is required to acknowledge safety requirements and other responsibilities of the property. An annually renewable Business License also required. No No No Annual business license fee of $150. Vacatoin Rental Permit is free. Avon yes yes 4% sales tax, 4% accommodation tax yes yes, non-transferrable no no Short Term Overlay Districts - primarily town core Annual Business License fee is $75. Basalt yes May only be rented on a short-term basis with the primary residence 4% Lodging + 8.2 % sales (Eagle County) and 9.3 % sales (Pitkin County) Muniipality yes, annually renewable no no on single-family, max. of 6 short-term rental allowed in multi-family buildings no $35 annually, plus a $150 safety inspecation charge on initial license Beaver Creek Resort Co.no yes yes by BCRC yes, annual Business License no no no $200 annually Blue River yes yes 2.5% Town Sales tax 3.4% Lodging Tax Municipality yes, non-transferrable no No no $200 first time; $150 annually Breckenridge yes yes 2.5% Sales Tax, 3.4% Accommodation Tax Municipality and online platforms yes, non-transferrable no no none- unless deed restricted workforce housing, then prohibited BOLT: $75 - $175 annually/Admin Fee: $25-$150 annually Crested Butte Yes Yes 4.5% Lodging Sales Tax & 5% Vacation Rental Excise Tax The excise tax collected is used to fund affordable housing projects. The Property owner or authorized agent is responsible for collecting and remitting taxes through the Town's on-line licensing and sales tax software program. Vacation Rental License & Town of Crested Butte Business License are both required Yes, 100ft radius No. The number of unlimited vacation rental licenses is limited to 30% of the total number of freemarket residential units in town located in the permitted zone districts. Currently 213 unlimited vacation rental licenses can be issued. Yes. Restricted to permitted zones. Not allowed in deed restricted housing or accessory dwelling units that are required to be long term rentals. Unlimited Vacation Rental License fee:$750/year. Primary Residence License fee: $200/year with a maximum of 60 nights of rental per year Denver yes no lodging tax: 10.75% occupational privilege tax: $4/month business personal property tax and/or sales tax if applicable AirBnB collects for their listings. Taxes remitted directly to the City in other cases. yes, lodger's tax id license and non-transferrable business license required no no Yes. Allowed wherever residential uses are permitted, but additional limitations apply. See sections 11.7.1, 11.8.10, and 11.12.7.7 of the Denver Zoning Code. Lodger’s Tax License - $50 biannually Business License application fee - $25 upon application Business License - $25 annually Dillon Yes Yes yes State collected sales tax but lodgiing tax remitted to Town yes, renew annually no no no $50 annually Short-Term Rental Ordinance Matrix-April 2021 9 City Primary Residence Allowed Non-Primary Residence Allowed Which Taxes Required Tax Collected: By municipality or listing agency License Required Neighbor Notification Concentration Limit Zoning Limitations Fees Durango yes yes 3.5% City sales tax and a 2% lodger’s tax AirBnB collects for their listings. Taxes remitted directly to the City by owner/manager in other cases. yes, non-transferrable yes, 300 foot radius Yes. Limits are included by zone, block face, or by development depending on the location. Yes. Permitted in 2 of 6 single-family zones and in all 3 mixed use zones. Recent code amendments have eliminated the use from multifamily zones. $750 first time and annual business license fees of approx. $100 Estes Park no yes state, county, town and lodging Taxes collected by the State and remitted to yes yes no yes, a limit on the number of residentially zoned properties. No limit on commercially $200 base fee plus $50 per bedroom for properties inside Town limits Fraser yes yes sales & lodging do not self collect registration no no no $150 Frisco yes yes yes Municipality yes no none no $125 STR License application fee Glenwood Springs yes yes 3.7% sales & 2.5% lodging Air BnB/VRBO collecting the taxes thru state system. STR owners must report this information to City. Yes,2 types available Short Term Rental (STR) and Accessory Tourist Rental (ATR) STR - yes all neighbors within 250 feet. ATR - no 250' distance between STR permit, citywide cap No unless prohibited by PUD STR new $500, renew $300 ATR new $300, renew $150 Grand Lake yes yes yes Listing Agency yes, renewable annually yes no no $600 Annually Mt. Crested Butte Yes Yes County, state and Town sales tax, plus 4% local marketing district tax and 2.9% excise Yes, Short Term Rental License and PillowTax License No No No $200, plus pillow tax - $10 per person the unit sleeps Salida yes yes Occupational Lodging tax, $3.66/ night. Municipality yes, non-transferrable no Capped at 75 and 1 per block in the Residential/Industrial areas Capped at 75 in Residential/Industrial. No cap for Commercial District $470 New Residential/Industrial License, $270 for New Commercial License, $270 after first year for both types Silverthorne yes yes 2% sales & 2% lodging tax. Annual STR license. Owners are responsible for collection/remittance of taxes. VCA with Airbnb & Vrbo Sales & lodging tax due monthly to the Town of Silverthorne Yes. Non-transferable, renews annually on Dec. 1. Only in case of duplex No. No. Tiered fee: Studio $100 , 1 BR $150, 2BR $200, 3BR $250 4BR+ $300 Snowmass Village Yes Yes 3.5% sales tax and a 2.4% lodging tax AirBnB and VRBO collect for their listings. Taxes remitted directly to the City in other cases. yes, non-transferrable No No No No 10 City Primary Residence Allowed Non-Primary Residence Allowed Which Taxes Required Tax Collected: By municipality or listing agency License Required Neighbor Notification Concentration Limit Zoning Limitations Fees Steamboat Springs yes yes Yes (Sales & Lodging) AirBnB and VRBO collect for their listings. Taxes remitted directly to the City in other cases. Sales Tax License Required; VHR permit required for single family homes and duplexes in most zone districts yes for VHR permits no no $50 Sales Tax Fee (one time); $500 VHR permit fee, $75 annual renewal fee Telluride yes yes 4.5% Town Sales Tax 2.5% Town Affordable Housing Excise Tax 2.5% (collected from Prop. Owner or representative / booking agency remits taxes yes no no yes, restrictions in residential zone $165 base fee plus $22 per bedroom Vail Yes Yes Yes sales/lodging Airbnb/VRBO/Property Manager collects for their listings. Taxes remitted directly to the town in other cases. yes Effective 3/1/19 STR Registration required per unit. Yes, for Duplex neighbor only; proof of notification required No No tiered fee structure-- $150 per unit for unmanaged properties, $10 per unit for managed units, $5 per unit for condotel managed units (24x7 front desk) Winter Park yes yes yes Municipality yes, non-transferrable no no no Annual business license fee of $60 Counties Eagle County No county-wide restriction; short- term rentals not allowed in price- capped deed- restricted units No county wide restriction If assessors's office is aware a unit is a rental, it is taxed as such No, counties can not inititate business licenses No county wide restriction No county wide restriction No county wide restriction none Summit County yes yes All short term property rentals (less than 30 days) are subject to the sales tax, mass transit and affordable housing tax. A sales tax license is obtained from the State because the State of Colorado Department of Revenue collects these taxes. Personal property tax is also collected by the County Assessor on residential rental furnishings. Sales tax is collected through the State; Personal property tax on short term rental properties is assessed and collected by the County Assessor's office. A short-term vacation rental permit is required through the County Planning Department as no business licenses were authorized by the State in unincorporated areas, so the use is regulated through a land use permit. REcent legislative changes now allow STR business licenses and Summit County is reviewing a change to or the addition of a license. A sales tax license is required through the State of Colorado. A personal property tax declaration form must be sumitted to the County Assessor. Notice is sent to neighbors only in cases where changes are proposed to the exterior of the property or building. no Zoning regulations are included in Section 3821 of the Summit County Land Use and Development Code, and include requirements for permitting, responsible agent, health & safety standards, parking, trash, noise, pets, signage, advertising, and complaints and enforcement. Not permitted in deed restricted workforce housing units, and in certain PUDs that expressly prohibit the use. Initial permit - $150; Annual renewal - $75 Administrative Conditional Use Permit (CUP) required for higher occupancy and parking requests Initial CUP fee - $350 (this is the full fee charged; not charged both the STR permit fee and the CUP fee); Annual CUP renewal - $75 11 City Primary Residence Allowed Non-Primary Residence Allowed Which Taxes Required Tax Collected: By municipality or listing agency License Required Neighbor Notification Concentration Limit Zoning Limitations Fees Out-of-state Agences Park City, UT yes yes Summit County TRT 3.00; Outdoor Rec TRT.32; Park City TRT1.00; Park City Sales Tax 1.00;Summit County Sales.25; Utah Sales4.85; Summit Cty. Transpo.30;Mass Transit.25;Resort Comm. Tax 1.60. Total 12.57 state and AirBnB yes, non-transferrable, annual business license yes, in cases of duplexes or if shared common areas/hallways exist between or within a building no yes, only allowed in certain zones or with CUP's in certain zones $149.00 Admin Fee, $28.74 per bedroom fee, $17.00 Yearly renewal admin fee plus $28.74/bedroom Jackson, WY yes yes yes Collected by state and by AirBnB yes , a permit Yes, to neighbors within 300 ft. no yes, only allowed within the Lodging Overlay District or the Snow King Resort District yes, $100 for each residential short- term unit being permitted Ketchum, ID yes yes yes As of Jan '18 tax collected by listing agency and remitted to City yes, business license no no No, State Legislature pre-empted local control of STR's no Moab, UT no no yes County and Airbnb Yes, for each property owner no no yes, only allowed in certain commercial zones Business license fee - $45 plus $4 per room Whistler, BC no Depends on zoning. Provincial Sales Tax: 8% of listing price including any cleaning fees for reservations 26 nights and shorter in the Province of BC. Municipal and Regional District Tax: 2–3% of the listing price including any cleaning fees for reservations 26 nights and shorter in the Province of British Columbia Province and "Airbnb" yes no no Only allowed in "tourist accommodation" zoned properties. Business lixense fee 12 City Occupancy Requirement Require a “local responsible party” to take complaints? Mandatory response time for the responsible party to address the complaint? Utilize a 24 hour call center for complaints? Compliance Efforts? (Compliance monitoring company, municipal staff, software, other) Weblink to STR ordinace/regulations Number of listings (Approx.) Other Aspen No Yes Yes - local representative is to be "on call" per the municipal code. No MuniRevs, Staff - Finance and Community Development Departments https://library.municode.com/co/aspen/code s/municipal_code?nodeId=TIT26LAUSRE_PT5 00SURE_CH26.575MISURE_S26.575.220VARE https://www.cityofaspen.com/1331/Lodging- Tax-Vacation-Rentals 1300 (750 active, 550 inactive) Avon none No No No MuniRevs http://www.avon.org/str 295 Basalt none Not permitted in employee housing units, Requires local representative Beaver Creek no Yes 30 days No We are utilizing Host Compliance to find owners renting on their own who have not paid appropriate tax/assessment 1200 BCRC collects 5.35% Civic Assessment and .0096% Lodging Assessment for all STR Blue River 2 people per bedroom plus two. Beddroom and septic/sewer verification required No No No No https://townofblueriver.colorado.gov/lo dging/short-term-rentals 145 Posting requirements at rentals and sef-certification required. Breckenridge Yes. Limited to 2 people per bedroom plus 4 for the entire property Yes 60 minutes Yes, LodgingRevs 970-423- 5334 Yes, LodgingRevs www.townofbreckenridge.com/shortter m 3838 All properties - Special Conditions of License/BOLT License -Location Card posting requirement/Advertisement Requirements Crested Butte 2 people per bedroom plus an additional 2 people for the unit with a maximum occupancy of 10 people. Occupancy over 10 people requires an additional parking space be provided on site for every four additional people or part thereof. Yes 1 Hour No. Complaints can be lodged via phone or email to the Vacation Rental Inspector at Town Hall Short Term Rental Helper generates a monthly list of non compliant properties based on our list of licensed properties. https://www.crestedbutte- co.gov/index.asp?SEC=0DA56E89- 36E1-4A3A-8001- 5F16483DEFCD&Type=B_BASIC 209 unlimited licences. 17 primary residence licenses Site safety inspection and on-site parking verification required. Denver No maximum number of guests per night. No simultaneous rental to more than one party under separate contracts. Yes. LRP must be in City and County of Denver during the entire length of the STR period, must have access to the licensed premises, and must be authorized to make decisions regarding the licensed premises. No Yes. Complaints may be filed at any time by calling 311; however, response will likely only come during business hours (except for emergency situations Host Compliance, 1 full-time Compliance Manager, 4 employees who assist with STR compliance matters part time, STR Advisory Committee to guide policy changes STR Business Licensing Homepage 3773 active listings, 2556 active licenses Dillon no yes no yes yes, STR Helper yes, https://www.townofdillon.com/business- resources/dillon-short-term-rental-str 113 requires license number in ads, must submit parking and trash/reclycing plans 13 City Occupancy Requirement Require a “local responsible party” to take complaints? Mandatory response time for the responsible party to address the complaint? Utilize a 24 hour call center for complaints? Compliance Efforts? (Compliance monitoring company, municipal staff, software, other) Weblink to STR ordinace/regulations Number of listings (Approx.) Other Durango Determined by parking or # of bedrooms at the property. Yes No No LodgingRevs http://online.encodeplus.com/regs/dur ango-co/doc-viewer.aspx#secid-273 125 permitted short term rentals Updated regulations adopted in December 2020 which further restrict this use based on zoning. For existing and new mixed use developments, language that specifically allows STRs and caps the total number of units allowed for this use must be included in a prior land use approval. Estes Park 2 per bedroom, plus 2 up to 8 total Yes 30 Minutes (School District boundary) Yes LodgingRevs www.estes.org/businesslicensing 322 residential and 152 commercially New regulations were adopted December 2016 and modified in March 2017. Additional modifications Fraser no yes one hour 120 Program implementation late 2017 Frisco 2/BR plus 4, with option to apply for more upon inspection No, "responsible agent" 24/7 with no local requirement No Not yet, but coming summer of 2019 STR Helper Updated materials should be available by 4/1/19 900 New ordinance passed 1/8/19; New annual STR license term of 5/1-4/30; First STR license issued 5/1/2019 Glenwood Springs STR based on inspection ATR is one bedroom, 2 guests Yes, residing within 30 miles/minutes No No Staff https://www.ci.glenwood- springs.co.us/333/Vacation-Rentals 104 active permits, approximately 90 active listings It is a condition for renewal that owners show they remitted lodging tax – showing they are actually utilizing the permits. Grand Lake none yes 15 min no STR Helper Mt. Crested Butte No Yes Yes Yes Host Compliance https://mtcrestedbuttecolorado.us/verti cal/sites/%7B36467D9E-CDA6-4739- 95F2- EF9DEBC7DA37%7D/uploads/Ordina nce_9_Series_2019.pdf 600 Salida, CO None Require local management no no LodgingRevs https://library.municode.com/co/salida/ codes/code_of_ordinances?nodeId=C H6BULIRE_ARTVISHRMBULI 200 Silverthorne Max advertised occupancy = 2/Bedroom + 2 Yes 7am -11pm (60 minutes) 11pm -7am (30 minutes) Yes Yes. LodgingRevs https://www.silverthorne.org/town- services/finance-administrative- services/business-liquor-licenses 100 STR license is required to be posted in online ads. Good Neighbor Guidelines must be posted prominently in rental property. STR license is required to be visibly displayed in rental property (address, license #, property owner name & contact info for responsible agent). STR prohibited in deed restricted & workforce housing units. Snowmass Village Yes, under the building code no no no no 800 units. This does not include hotel rooms Not permitted in employee housing units without prior approval. 14 City Occupancy Requirement Require a “local responsible party” to take complaints? Mandatory response time for the responsible party to address the complaint? Utilize a 24 hour call center for complaints? Compliance Efforts? (Compliance monitoring company, municipal staff, software, other) Weblink to STR ordinace/regulations Number of listings (Approx.) Other Steamboat Springs 1 per 200 sf; max 16 no no no no CDC Section 302.E.4 (http://steamboatsprings.net/246/Com munity-Development-Code) 171 active permits. Approx 2386 listings in area. We only require a VHR permit for single family and duplex units OUTSIDE of the resort area (RR and G) zone districts. Multiple family units and all units in RR and G are allowed by right. Telluride none yes no no yes https://www.telluride- co.gov/DocumentCenter/View/260/sho rt-term-rental-regs 723 Restrictions in Residential Zone : no more than 3 rentals per year, w aggregate not to exceed 29 days; implemented in 2011 Vail Two per bedroom, plus two. Yes - Local contact within 60 minute distance required; Evidenced by copy of driver's license 60 min response time unless between 11pm and 7am, then 30 minute response time Yes LODGINGRevs, one full-time municipal employee monitors listings, registrations and complaints https://www.vailgov.com/short-term- rentals 2500 Notorized affidavit required as part of the application for acknowledgement of life safety, noise, trash and parking regulations Winter Park none no no no LodgingRevs no 349 We require a business license. We have contracted with LodgingRev's that tracks various sites for rentals that have not obtained a business license. The Town does not have other limits or restrictions for short term rentals excluding any regular zoning restrictions. Counties Eagle County Eagle County Land use codes state no more than one person per every 300 square feet; this limit is not enforced No county wide restriction Summit County 2 persons per bedroom plus 4 additional occupants, or 1 person per 200 square feet of living area, whichever allows for a greater occupancy. Max occupancy 19; can apply for a CUP to request 20 or more occupants. Condominium buildings with interior egress corridors less than 44 inches wide and without a sprinkler system are further limited to 2 persons per bedroom plus 2 additional occupants, or 1 person per 200 square feet of living area, whichever allows for a greater occupancy. Responsible agent required. Local residency not required for the agent. Responsible agent must be available 24 hours per day, 7 days per week, and must respond to complaints within 1 hour. yes, required to respond within 1 hour yes, Host Compliance 24- hour call center is utilized yes, Host Compliance and Planning Dept staff www.SummitCountyCO.gov/STR as of 3-24-21: 3,767 active permits; 6,282 active registered listings. Note 450 new STR permit applications under review. County STR regulations were adopted 12/18/18; Currently contracted with Host Compliance for permitting system and complaint management system 15 City Occupancy Requirement Require a “local responsible party” to take complaints? Mandatory response time for the responsible party to address the complaint? Utilize a 24 hour call center for complaints? Compliance Efforts? (Compliance monitoring company, municipal staff, software, other) Weblink to STR ordinace/regulations Number of listings (Approx.) Other Out-of-state Agencies Park City, UT Yes, 75 sq. ft per bedroom, at least 50sq ft of floor space per occupant (if more than 1) yes no no monitoring with 3rd party that verifies internet listings www.parkciy.org/MunicipalCode 3500 listings. 2000 licensed Site visit and safety inspection prior to application Jackson, WY Limited to less than one calendar month no no yes Host Compliance yes 164 Ketchum, ID Max 30 days/guest no Moab, UT no no no no no https://moab.municipal.codes/Code/5. 67.010 Not permitted in any residential zones. Only permitted in certain commercial zones. Building, fire, health and zoning inspections required for short- term rentals permitted in commercial zones. Whistler, BC no no no no Municipal staff, software, bylaw enforcement https://www.whistler.ca/sites/default/fil es/2019/Nov/bylaws/original/23992/21 42_tourist_accommodation_business_ regulation_bylaw_no._2142.pdf 1000+ 16 CAST Survey - Lodging & STR Taxes January 2022 CAST Member Does your City/Town levy a separate lodging (30 days or less) tax? Lodging Tax Rate Specific Purpose? Does your City/Town levy a separate tax on residential rentals? Short-term Rental Tax Rate Specific Purpose? How are these taxes collected? Have you passed legislation requiring marketplace facilitators to collect and remit the tax? Have your tax collections increase as a result of this legislation? Aspen Yes 2.00% Tourism Promotion - 1.5%; No-fare local transit services - 0.5% No NA NA Self-collected (Munirevs) No NA Avon Yes 4.00% General Fund Yes 2.00% Community Housing Self-collected (Munirevs) Yes Yes, significantly Basalt Yes 4.00% Parks - 1.00%; Chamber of Commerce - 1.00%; Marketing/reimbursemen t of lodging improvements - 2.00%No NA NA Self-collected No NA Breckenridge Yes 3.40% Marketing Fund - 1.40%; Excise Fund - 2.00% No NA NA Self-collected Yes Difficult to determine Crested Butte No NA NA Yes 7.50% Affordable Housing Self-collected (Munirevs) No NA Dillon Yes 2.00% Debt service for street reconstruction No NA NA Self-collected No NA Grand County Yes 1.8%. Does not apply to Town of Winter Park County Tourism Board for marketing No tax. STR annual reg. fee per listed occupancy NA NA Self-collected Yes Yes Gunnison County Yes 4% Marketing District Tax Marketing No NA NA State Collected NA NA Mt. Crested Butte No NA NA Yes 2.90% excise tax Affordable Housing Self-collected Yes Yes, significantly Ouray Yes 3.50% Tourism, destination marketing and beautification Yes 15.00% excise tax 50% - water/wastewater infrastructure; 50% affordable housing. Self-collected No NA Snowmass Village Yes 2.40% Group sales and marketing for large groups No NA NA Self-collected (Munirevs) No. Contract w/ Airbnb & VRBO Not clear, but feel all taxes owed are being collected Steamboat Springs Yes 1.00% Recreational improvements that promote tourism No NA NA Self-collected Yes Yes Summit County No NA NA No NA NA NA No NA 17 Best Practices and Potential Practices Identified in 2015 CAST VHR Study The CAST Vacation Home Rental (VHR) report identifies multiple best practices and potential practices. The Best Practices identified in the VHR study are actions that select CAST members have already taken and might be considered in other jurisdictions.  Require that license numbers be displayed on all advertising. Helps communities identify non-compliant properties and new listings.  Better coordination between planning, housing, law enforcement could improve tracking and management process.  Map VHRs in community. A good management tool.  Coordinate with other jurisdictions. VHRs exist within and outside city limits. More efficient management of VHRs is achieved when municipal and county staff coordinates management efforts.  Develop a system that captures data on VHR units that is shared by multiple departments. System could then be replicated by towns and counties.  Adding and changing regulations will be unique to each community. The CAST VHR study offers multiple regulatory considerations around safety, property management, neighborhood/community character and local housing.  Establish license requirements, set fees that cover VHR management, and consider compliance strategies (investigation, education, enforcement).  Consider increased license fees to mitigate work force housing impacts.  Negotiate tax collection agreements with Airbnb. Individual communities may be too small, but CAST and a broader coalition could have success.  Coordinate tax collection among collection entities within a geographic area.  Improve tracking of VHR tax revenues through coordination of licensing/permitting staff and tax collection.  Determine a lead entity within town to manage VHRs. Could be community development, economic development or a staff specialist.  Document staff costs of VHR management to enable cost/benefit analysis.  The study offers many suggestions for managing neighborhood impacts, broken into two categories: Outreach/Education and Nuisance Mitigation.  Track conversion of employee housing into VHRs.  Prohibit use of workforce housing as VHRs.  Engage housing agency/department in VHR licensing and permitting.  Allocate VHR revenue to workforce housing efforts.  CAST could have a significant role in implementation of Best Practices, taking on responsibilities for state initiatives in revisions to state statutes on property and sales tax, negotiate agreements with hosting sites and developing efficient tracking systems.  More cooperation from hosting sites is needed to improve tracking and VHR compliance. 18  Optimally, hosting sites would be required to provide needed information to communities upon request. Portland and California have achieved this. CAST communities could lobby for this on a statewide basis. Since taxation is largely controlled by state statute, cooperative initiatives are needed.  Communities can request they be added to list of cities for which Airbnb provides direct links to their local VHR requirements. Find the full CAST Vacation Home Rental report at CoSkiTowns.com under Links of Interest. 19 SHORT-TERM RENTAL POLICY & BEST PRACTICES An Introduction for Local Leaders 20 2 OVERVIEW individuals and businesses to easily facilitate short- term rental management, which has resulted in a rapid increase of home sharing in communities large and small across the country.1 From Memorial Day to Labor Day in 2019, Utah Airbnb operators garnered roughly $37.3 million in revenue; stemming from a nearly 30 percent increase in Utah Airbnb guests over the same time period last year.2 The recent increase in STRs has impacted communities differently according to their physical, geographic, social, economic, and political components.3 Some communities have seen the introduction of STRs as an opportunity to reap the benefits of increased tourism, employment opportunities, and economic development; whereas other communities have prioritized efforts to reduce or mitigate unintended consequences.3 Issues of loss of neighborhood character, impacts on housing prices, and a decrease in affordable housing units are just a few of the impacts that some communities are grappling with in this process. This guide is intended to help communities understand and make informed decisions about regulating short- term rentals (STRs). From writing a STR ordinance to incentivizing compliance, this guide serves as a tool for your community as you formulate your own ordinance. This guide also includes ordinance examples from Utah communities in the hopes that you may reach out to these neighboring jurisdictions for guidance in your STR process. In addition to this guide, the Utah Community Development Office has a toolbox of community development resources, which can be found at ruralplanning.org/toolbox. SHORT-TERM RENTALS Renting or leasing rooms and homes on a short-term basis is not a new market activity.1 Whether renting a room in the city or running a bed and breakfast in a small town, people have long participated in the short-term rental economy. However, while this practice itself may not be new, there is a shift in how many rentals are now available. Online services have made it possible for a drastically increased number of 21 Ordinance - legal regulations that a city* places on what may or may not be done and how it may be done within its boundaries. Sharing Economy - an economic system based on people sharing possessions and services, either for free or for payment, usually using the internet to organize this. (Cambridge Dictionary) Short-Term Rental (STR) - a short-term vacation rental (also called a vacation rental or STR) is most often defined as a rental of a residential dwelling unit or accessory building for periods of less than 31 consecutive days; in some communities, short- term rental housing may be referred to as vacation rentals, transient rentals, short-term vacation rentals or resort dwelling units. (Host Compliance) Transient Room Tax (TRT) - tax paid by a guest who rents an STR for fewer than 30 consecutive days. The tax includes accommodations in hotels, motels, inns, tourist homes, trailers, courts, or campgrounds. Municipalities may impose a TRT on temporary lodging of up to one percent. Counties may also impose a county-wide TRT on temporary lodging of up to 4.25 percent. (UC 59-12-301) Resort Community Tax (RCT) - a city or town in which the transient room capacity is greater than or equal to 66 percent of the municipality’s permanent census population may impose a sales and use tax up to one percent of the transactions described in Subsection 59-12-103 located within the city or town. (UC 59-12-400) *In this document, “cities,” “communities,” and “municipalities” refer to towns, cities, and counties. Counties can also create and enforce codes. The recommendations apply to all of these communities in a similar fashion. DEFINITIONS SHORT-TERM RENTAL REGULATION There are a number of reasons why towns should regulate STRs. Towns may want to: • Protect local residents’ quality of life • Ensure building safety and fire hazard mitigation • Preserve neighborhood character • Safeguard housing availability and affordability • Resolve community tension • Avoid noise, parking, and trash problems While there is no one-size-fits-all approach to regulating STRs, communities have a number of options for regulating how STRs operate within their boundaries. For example, a municipality may choose to:3 • Legally define what a STR is in their ordinances • Codify basic STR regulations (what is allowed vs. not allowed) • Levy a transient room tax (TRT) • Establish a STR registry (either on their own or by contracting with a STR data company) to track compliance HB 0253 AMENDING SHORT-TERM RENTAL REGULATIONS In 2017, the Utah State Legislature amended state law governing STRs which prevents a political subdivision from: • prohibiting an individual from listing or offering a STR on a STR website; or • prohibiting the act of renting a STR to fine, charge, prosecute, or otherwise punish an individual solely for the act of listing or offering a STR on a STR website.5 3 22 4 sharing (such as Uber and Lyft), online marketplaces (such as Ebay and KSL), crowdfunding (such as Kickstarter and Indiegogo), co-working spaces, freelancing websites and more. How did the sharing economy come about? This economy stemmed from the idea that sharing particular services, products, and skills reduces costs and increases efficiency. Individuals become their own bosses and supplement their income, and by doing so, are able to exchange the standard nine-to-five workday for increased flexibility and autonomy. Why is it important to stay up-to-date on the sharing economy? Local leaders can proactively stay informed on new trends and opportunities that benefit their communities by tracking the sharing economy’s progress online. What’s unique about this economy is that it is ever-expanding, and as such, requires that local leaders reach out to experts in the field, read SHARING ECONOMY While this legislation prohibits municipalities from mandating that operators remove their online listings (whether or not they’re legal), it does not prohibit the municipality from reaching out to operators to educate them on their local ordinances. This means that if a municipality comes across an illegal listing online, they may still send an educational notice that states how that STR operator can become compliant with their listing. Whether a town opposes or supports the recent phenomenon known as the ‘sharing economy,’ the reality is that it exists and will continue to grow in the coming years. The sharing economy is expanding rapidly, and in addition to short-term vacation rentals (such as Airbnb and HomeAway) includes: ride- 23 5 SHORT-TERM RENTALS research articles, and watch or attend conference sessions to stay informed. By being proactive, rather than reactive, local communities can take advantage of the opportunities of sharing economies, rather than deal with the challenges of mitigating potential impacts down the road. Growth in STRs has been profound. In 2018, just ten years after its inception, Airbnb included almost five million lodging options across 81,000 cities worldwide.4 With a market value estimated at $31 billion in 2017, Airbnb is the most profitable hotel chain in the entire world, yet they don’t own a single hotel.4 There are three basic varieties of STRs:1 • Hosted Sharing - The primary occupants of a residence remain on-site with guests • Unhosted Sharing - The primary occupants of a residence vacate the unit while it is rented to short-term guests • Dedicated Vacation Rental - There are no primary occupants Impacts from each type can vary greatly. Permitting home sharing in residential zones may incentivize landlords to take rental properties off the market, thereby reducing the supply of affordable housing. Frequent unhosted sharing may lead to increased complaints related to noise, traffic, or parking.1 Allowing STRs in residential zones may also increase the value of residentially-zoned property, which benefits property owners, but may also decrease the availability of affordable housing. 24 6 • Airbnb • VRBO • FlipKey • HomeAway • Homestay • VillasDirect • VacationRentals • 9flats • Wimdu • Tripping.com • HomeToGo • HouseTrip • VayStays • Luxury Retreats While previously only a handful of STR listing sites existed, there is now a plethora of websites for guests to book lodging options. A few examples of common STR websites include: At times, STRs can be less expensive than traditional hotels. They can also provide unique lodging options, like Airstream trailers, tree houses, tents, and earthships (passive solar earth shelters made of both natural and upcycled materials). The ability for homeowners to share their unique living areas has sparked a trend among travelers looking for memorable experiences outside of the norm. Additionally, some operators with acreage list their open fields for those that want to set up their own tent, which can be beneficial to tourists when campgrounds fill up during the season. On top of a nightly rental fee, STRs often include several other fees, such as: • Cleaning Fees - A set amount determined by the operator for cleaning after the guest departs. The amount can vary dramatically according to the type of rental and whether or not the owner hires a company to clean their rental for them. • Service Fees - Determined by the STR hosting website to cover the cost of processing payments. Some STR hosting websites charge a percentage for each booking, whereas others allow hosts to pay a yearly fee, which is not reflected during the booking of a rental. • Sales Taxes - Some STR hosting websites collect local taxes as part of the online transaction. However, a number of other websites do not, and 25 7 CHALLENGES A challenge with STRs is that traditionally separated land uses are often combined. For example, a hotel can only operate in an allowable zone (such as a commercial zone), but what happens when a STR is created within a residential zone? What are the impacts of combining traditionally separated land uses (short-term vacation rentals and permanent housing)? Some of the common challenges with STRs can include: • Noise, parking, and trash complaints • Shortage in permanent housing • Non-compliance with health, building, housing, and safety codes • Loss in revenues to state and local government from non-compliance • Reduction in commercial lodging revenues • Loss of quality of life and community character • Uneven regulation between traditional lodging establishments and STRs (Building, fire, and health code regulations may be different for a hotel than a STR in a residential zone) is left to the STR operator to pay state and local taxes. Additionally, the transient room tax allows municipalities and counties to use these funds for a particular purpose, such as promoting tourism through marketing and campaigns. BENEFITS When operators comply with local regulations, the potential benefits for local communities can include: • Increased tax revenue • Increased income for local STR operators • Expanded lodging options for tourists • Increased revenue for local businesses • Provides flexible space for owners • Upkeep on home and yard maintenance • Increased use of STR, opposed to only seasonal use from part-time owners 26 8 Data addressing the impacts of STRs on housing markets or housing stock is limited, because there is currently no set standard or agreed-upon definition for STRs.3 A study conducted by ECONorthwest analyzed the impact of HomeAway rentals in Seattle. It identified that 1) STRs did not significantly impact home values positively or negatively, 2) properties were generally listed on the STR market for a short period of time during the year, and 3) STRs were located in higher income areas.3 However, another study looking at four small cities in Colorado (populations under 7,000) found that STRs did lead to the reduction of homes and bedrooms previously used by employees.3 The contrasting conclusions suggest that STR’s impact on housing will differ between geographic regions and local economic factors.3 UTAH STATE LAW In 2017, the Utah State Legislature amended state law HB0253 governing STRs which prevents a political subdivision from: • prohibiting an individual from listing or offering a STR on a STR website; or • prohibiting the act of renting a STR to fine, charge, prosecute, or otherwise punish an individual solely for the act of listing or offering a STR on a STR website.5 While this legislation prohibits municipalities from mandating that STR operators remove their online listings (whether or not they’re legal), it does not prohibit the municipality from reaching out to operators to educate them on their local ordinances. This means that if a municipality comes across an illegal listing online, they may still send an educational notice that states how that STR operator 27 9 can become compliant with their listing. Additionally, if a municipality comes across an illegal listing from a non-online source (such as a neighbor complaint), they’re still able to fine operators for violating their local ordinances. With this new legislation in mind, it’s crucial that Utah community leaders effectively communicate with local residents on their STR ordinances and requirements. If local residents are unaware that their local ordinances require they register their listing or pay a yearly fee, then the majority of operators may not comply with local law. While there is no one-size-fits-all approach to regulating STRs, communities have a number of options for regulating how they operate within their own community. For example, a municipality may choose to:3 • Legally define what a STR is in their ordinances • Codify basic STR regulations (what is allowed vs. not allowed) • Levy a transient room tax • Establish a STR registry (either on their own or by contracting with a STR data company) to track compliance If your community is experiencing acute STR issues, it may be appropriate to pass a Temporary Zoning Ordinance (TZO) not to exceed six months . This can give your community an opportunity to better understand the issues, and gather enough information to either create or update your STR ordinance. DID YOU KNOW? 28 10 • Outreach at Community Events - Local leaders can set up information booths to discuss the benefits and impacts of STRs with residents. • Educational STR Workshops - These dedicated platforms create a space for local officials to hear from residents and for residents to hear from one another. Conducting educational sessions in your community (such as an “Everything You Need to Know About Short- Term Rentals” workshop) sensitizes present and potential hosts to understanding local STR laws. These educational STR workshops could cover: By including a neutral facilitator and inviting all affiliated parties to participate (operators, local residents, developers, etc.), workshops can help build a community’s understanding of the opportunities and challenges associated with STRs. An ordinance is most effective when it is simple. Often times, lengthy ordinances are difficult to understand, require multiple steps, and ultimately disincentivize full compliance. If your community wants to ensure that STR operators are compliant with your ordinance, then make sure that it’s simple, straight-forward, and easy to obey. So, how do we form a community consensus around STRs? Expert advice suggests that instead of thinking of STRs as an all-or-nothing concept, communities should identify their top two or three concerns, and craft an ordinance that targets those issues. Your community may have an exhaustive list of issues and complaints, but focusing on two or three key issues that your community can agree upon will be a much more manageable approach. Local leaders can identify those top issues by taking a holistic approach. This means creatively engaging with the public through different mediums and compiling data. Examples include: • Surveys (print and online formats) - Studies show that surveys that only take five minutes or less are much more likely to be filled out than longer surveys; if a survey looks like it will take too long, participants may not take the survey at all.7 • Data - In addition to anecdotal viewpoints on STRs, communities should compile data including: the number of STRs in their community; the number and nature of nuisance- related cases; and gaps in compliance. HOW TO WRITE A SHORT-TERM RENTAL ORDINANCE • code compliance; • fire prevention strategies; • emergency response information; • privacy rights; • insurance coverage; • parking requirements; • nuisances; • pets; • childproofing; • operation of heating and ventilation systems; • safe access; • occupancy limits; • deciding what to tell neighbors; • homeowners association approval; • tax obligations; and • any required zoning approvals.8 29 11 REGULATION There are six steps to effective STR regulation:4 1. Gathering Data - Data is crucial for decision- making. Cities should know: the number of STRs in their community; how they are being used; where they are located; how much they cost per night; and how many nights they are booked. By utilizing staff, volunteers, or STR compliance software to gather data, cities can better understand their community’s STR market. 2. Framing the Issue - Conduct public forums and surveys to better understand what residents are experiencing, while also focusing on specific issues rather than STRs as a whole. Are there issues around excessive noise, limited parking, or excessive garbage waste? By better understanding the specific issues, city leaders can determine targeted solutions. 3. Defining Planning Objectives - Use community input to identify two or three focus areas that really matter to your community, and then draft your ordinance to target those particular issues. 4. Drafting the Ordinance - After understanding your community’s objectives, incorporate their shared vision into a workable draft. 5. Incorporating Feedback - Publish a draft of the ordinance for review and incorporate feedback from stakeholders to ensure that your ordinance is clear, understandable, and addresses the issues that matter the most. 6. Adopting the Ordinance - Once feedback is incorporated, adopt the ordinance. Including community input and targeting two or three specific issues will help cities adopt their ordinance and increase compliance. The hope is that STR ordinance adoption will take three months instead of three years.4 Also, keep in mind that as the sharing economy adapts, so may your ordinance. By openly communicating with your community, the hope is that with each ordinance update, the process will become easier and more comprehensive. • Listen to your community. • Offer your community opportunities to participate with outreach and engagement. • Empower residents to inform your regulations and policies. • Update your zoning regulations regularly. In an emerging tourism destination, STRs can expand rapidly into a lot of areas of your community. • Conduct an inventory of STRs in your community now. • Get monitoring and enforcement partners on board: health, fire, EMS, assessor, clerk, auditor, and attorney. • Enforce building codes for commercial uses. A property used as a STR should meet commercial lodging standards. TIPS FROM GRAND COUNTY 30 12 Crafting a STR ordinance that works for your community is vital for its success. What a neighboring town may legally allow may not match your own community needs. Therefore, it’s essential that the right components of your ordinance be crafted by your own community. This section contains components of STR ordinances from rural Utah communities. We hope that by providing these examples, you’ll be able to see what other communities are doing, and reach out to them if you have any questions about their STR ordinance process. GEOGRAPHIC PERCENTAGE A community may choose to approve STR use in particular areas within their town and establish percentage caps to mitigate an entire neighborhood becoming exclusively used for STRs. • In La Verkin, Utah, their recently amended 10- 7-20: Bed and Breakfast Facilities and Vacation Rentals (2019-03 Amendment) ordinance designates that no more than seven and one-half percent of the residential units, eligible under Subsection B, in any given area of the City may be licensed and used as vacation rentals. HOMEOWNER STATUS A community may require that a operator either have a local individual that can be reached 24 hours a day for any potential issues, or they may require that the operator reside in the STR. • In Kanab, Utah, their 9-11 Short Term Rental Property ordinance mandates that all short- term residential properties shall designate a local property manager that resides within one hour travel time of the property. The local property manager shall be available twenty-four hours per day to respond to questions or concerns. BUSINESS LICENSE To ensure that operators are in compliance with local ordinances, a town may require operators to obtain a business license to operate their rental. They may also require an annual business license renewal. • In Garden City, Utah, their 8-600 Short Term Rental ordinance states that in order for property owners or agents to operate STRs, they shall file an application with the clerk (8-602). An owner’s failure to meet the requirements of Section 8-600 et. al., prior to renting shall be subject to the penalties as referred to in Section 6-614. UTAH ORDINANCE EXAMPLES 31 13 • In Park City, Utah, their Nightly / Short Term Rental Licensing Process requires that anyone with the intent to offer lodging for a fee for periods of less than 30 days must obtain a Nightly Rental License from Park City (if allowed by zoning) and a state sales tax ID number from the Utah State Tax Commission. FINES AND ENFORCEMENT The town may include provisions that penalize the operator for failure to comply with local laws. • In Moab, Utah, their 5.67 Nightly Rental Licenses ordinance states that any owner and/or property manager of a dwelling within the City of Moab who allows or permits occupation of said dwelling as a nightly rental without having first obtained a business license shall be guilty of a Class A misdemeanor. The fine for a Class A misdemeanor shall be imposed for each day that the violation continued or continues to be committed. LAND USE CONTROL A community may choose to limit which zones allow STRs or create overlay zones to ensure that quality of life is preserved for full-time occupants, or limit the type of use to only lodging or sleeping purposes. • In Rockville, Utah, their 24A Residential Short Term Rental Overlay Zone ordinance establishes an overlay zone allowing STRs within a given area. This eliminates designating which zones may or may not host STRs, and instead, allows STRs in areas that least impact the character of the community. • In Torrey, Utah, their pending 2018-08 Short Term Rental ordinance states that a short- term renter may not use a STR for a purpose not incidental to its use for lodging or sleeping purposes. This restriction includes, but is not limited to, using the rental for a wedding, banquet, reception, bachelor or bachelorette party, concert, fundraiser, sponsored event, or any similar group activity. 32 14 Interested in some of these ordinances? Reach out to those communities to hear more about their STR process. PARKING REGULATIONS To offset the impact of increased vehicles within a neighborhood, a town may require that the STR property operator include only off-street parking. • In Daggett County, Utah, their 8-15-8 Short Term Rentals ordinance requires that parking areas and access to parking areas shall be maintained and available for use at all times. All vehicles belonging to overnight occupants shall be parked on the property and shall not be parked on any adjacent property, street or public rights-of-way. The number of vehicles allowed by the occupants of a STR home shall be restricted to the number of parking spaces provided by the owner. STRUCTURAL AND FIRE SAFETY CODES To ensure that guests are staying in rental units that meet structural, fire, and line safety code requirements, a community may choose to require an initial and/or annual inspection. • In Richfield, Utah, their 2018-3 - Section 1707 Bed and Breakfast Inn and Short Term Rentals ordinance requires that the City Fire Chief inspect the premises and provide a Fire Clearance that the dwelling and premises comply with all applicable fire codes, as adopted. REACH OUT 33 15 In addition to the examples provided, there are also other ways that communities can regulate STRs. Other examples include: INSURANCE A community may choose to require that a operator carry insurance to cover any potential damage that could occur from renting out a portion of or the entire unit. BUFFERING DISTANCE A community may choose to create a minimum distance between STRs in neighborhoods to ensure that an entire street is not used exclusively for rentals. For example, STRs must be located, at a minimum, 500 feet apart. NUISANCE COMPLAINT CONSEQUENCE A community may choose to penalize an operator by revoking their operating license if there are a significant number of nuisance calls made within one year. For example, an operator that receives five or more nuisance complaints within one calendar year will be revoked of their license and unable to operate a STR for the remainder of that year. CAP ON ANNUAL NIGHTLY RENTAL TOTAL A community may choose to decide upon an annual nightly rental cap that allows STRs to operate for a given amount of days throughout the year. This could allow housing stock to mitigate increased tourism demands around particular seasons and events. For example, a community may limit a STR operation to no more than 180 days within one calendar year. 34 16 EFFECTIVELY COMMUNICATING SHORT-TERM RENTAL POLICIES Short-term rental policies need to be communicated from the very beginning to encourage compliance. Local leaders should utilize all necessary resources to ensure that current and potential STR operators know how to be compliant. Additionally, communicating the benefits of the transient room tax is crucial. Local residents should understand that this tax is paid by travelers, and promotes the community as a destination while providing funds for infrastructure improvements. If STR operators register their rentals and collect TRT taxes, they are not only compliant with state law, but are actively contributing to the well-being of their local community. ONE PAGE SUMMARY Reading through codes and understanding amendments can be difficult. To mitigate confusion, cities can create a one-page summary explaining their local STR ordinance in simple terms and detailing the required steps for compliance. These summaries can be posted on community bulletin boards at town halls, in grocery stores, within visitor centers, and wherever else residents gather in your community. SOCIAL MEDIA Cities can post their ordinance summaries on social media platforms, so that local residents can share the information. This is also a great way to reach out to the community with online surveys and information on upcoming STR-related workshops or town meetings. 35 EFFECTIVELY COMMUNICATING SHORT-TERM RENTAL POLICIES 17 CITY WEBSITE To ensure that operators know how to be compliant, cities should include a section on their website that walks them through the local STR ordinance process. Include a step-by-step summary, including application fees, timelines, restrictions, etc. There should also be a point-of-contact that operators can call or email for further clarification. Additionally, cities can create a one-stop- shop where operators can apply online for a STR rental license and pay fees. Local residents can submit complaints about STRs, too. For an example, check out Seaside, California’s STR website. NEWSLETTER If your city publishes a periodic newsletter, then that can be a vehicle for inviting the public to attend feedback sessions, and for sharing the completed ordinance at the conclusion of the process. If possible, share these articles in local traditional news media as well. BE PROACTIVE Taking a proactive, widespread outreach approach will help you reach all local residents, including both operators and non-operators, with information about how and why STRs are regulated within their community. Community buy-in can greatly increase successful enforcement of STR regulations. 36 18 INCENTIVES FOR COMPLIANCE After an STR inventory is conducted, there may be the risk that STRs in your community are not in compliance. In addition to sending out educational materials informing them of local laws, a community may also utilize incentive programs to encourage operators to come into compliance. A few examples of operator incentives include: • Special Fee Waiver: Designate a period of time when operators can fill out a STR application with no fee. • Eliminate Nuisance-related Issues: Allow operators to have a nuisance-related complaint removed from their record by attending a STR operator training. Use these trainings to inform operators of all the different ways to mitigate nuisances, so they can continue to run their business while ensuring that neighbors aren’t negatively impacted. • Develop a STR Property Tax Abatement Program: If a local operator remains in compliance with all mandated requirements, and receives zero nuisance- related complaints for a period of time, a city may offer a STR Property Tax Abatement, forgiving a percentage of the increase in real estate property tax for a given amount of years (contingent on annual compliance reviews). The city and its residents could work together to determine the percentage to forgive and the required time frame. • Ordinance Exemptions: A city could define exemptions for operators who meet or exceed requirements for compliance on an annual basis. Examples of exemptions could include parking requirements or caps on annual nightly rental totals. • Recognition for Best-Managed STR of the Year or Compliant STR Operator Certification: A city and its residents could devise a scoring matrix for STRs in compliance, and award a Best Managed STR of the Year certificate to the operator. This could be placed within the rental unit and mentioned on their STR listing website. Additionally, a city may choose to annually certify compliant operators to give them greater credibility for local residents and tourists. 37 19 CONCLUSION With public engagement, proactive planning, and a simple ordinance, communities can ensure that private landowner rights and local and state laws are upheld. The time and attention local leaders invest in making sure their ordinances meet their community needs is vital for sustained quality of life. By conducting an inventory of STRs within your community, reaching out to neighboring cities and towns, and working with your community on drafting a STR ordinance, you’ll be better prepared for the future of the sharing economy. ASSISTANCE Community Development Office The State of Utah’s Community Development Office (CDO) is part of the Division of Housing & Community Development in the Department of Workforce Services. The CDO helps Utah’s rural communities build knowledge, skills, and abilities to achieve their goals. CDO assists with planning and management issues through training, consulting, research, and technical support. For more information, visit jobs.utah.gov/housing/community Regional Planning Program The Utah Permanent Community Impact Fund Board funds a full-time planner in five association of government (AOG) regions, which include: Bear River, Uintah Basin, Six County, Five County, and Southeastern Utah. These planners provide ongoing assistance with planning processes. For more information, visit jobs.utah.gov/housing/cib/rpp. html Additionally, the Utah League of Cities and Towns (ulct.org) and the Land Use Academy of Utah (luau. utah.gov) support training and education in land use for local elected and appointed officials. 1. Morley, David. (2015). Regulating Short-Term Rentals. PAS Quicknotes, 56, 1-2. American Planning Association. 2. Raymond, Art. (2019) Utah Airbnb hosts book $37 million over summer travel season. Deseret News. Obtained from https://www.deseret.com/utah/2019/9/15/20864947/ utah-airbnb-hosts-summer-travel-season 3. Dinatale, Sadie; Lewis, Rebecca; & Parker, Robert. (2018). Short-term rentals in small cities in Oregon: Impacts and regulations. Land Use Policy, 79, 407-423. University of Oregon. 4. Binzer, Ulrik & Goodman, Jeffrey B. (2017). Webinar Recording: Short-Term Vacation Rentals - What Every Local Government Needs to Know. Host Compliance. Obtained from https://hostcompliance.com/webinars- recordings/#practical-guide 5. Utah HB0253 (2017). Short-term Rental Amendments. 2017 General Session, State of Utah. Obtained from https:// le.utah.gov/~2017/bills/static/hb0253.html 6. Binzer, Ulrik (2016), White Paper. A Practical Guide to Effectively Regulating Short-term Rentals on the Local Government Level. Host Compliance. Obtained from https:// www.kennebunkportme.gov/sites/kennebunkportme/files/ uploads/a_practical_guide_to_effectively_regulating_short- term_rentals_on_the_local_government_level.pdf 7. MetroQuest (Unknown). Guide: The Beginner’s Guide to Effective Online Engagement. MetroQuest. Obtained from https://metroquest.com/wp-content/uploads/2015/07/The- Beginners-Guide-to-Effective-Online-Engagement.pdf 8. Merriam, Dwight H.(2015) Peering into the Peer Economy: Short Term Rental Regulation. Zoning Practice, October 2015, Issue 10: Practice Short-Term Rentals. American Planning Association. All photographs obtained from Pexels. Thank you to: Eberhard Grossgasteiger (cover page, 12-13, 8-9, 18), Nadine Wuchenauer (page 2), Sam Willis (pages 4-5), Matheus Bertilli (pages 6-7), Sindre Strøm (pages 12-13), and Dids (back page). REFERENCES 38 For more resources, visit ruralplanning.org/toolbox OCT2019 This document is disseminated by the Community Development Office, housed in the Housing and Community Development Division, part of the Department of Workforce Services, in the interest of information exchange. The state assumes no liability for its contents or use thereof. This publication does not constitute a state standard, specification, specific recommendation or regulation. community@utah.gov • 801-468-0133 39 Short-Term Rental Permit & Application City of Glenwood Springs, CO General Information If you want to rent your entire home for a period of less than 30 days, you are required to first obtain a Short-term Rental Permit from the City of Glenwood Springs Community Development Department. Application & Review Process 1. Review the regulations which are located after the Frequently Asked Questions. If you determine that you are eligible to apply, complete the attached Short-term Rental Permit application and submit along with the applicable fee to the Community Development Department, 101 W. 8th Street, Glenwood Springs, CO 81601. Call the Community Development Department at 970 384-6411 for the current application fee. 2. In addition to the Short-term Rental Permit application, you must also obtain a Business and Sales Tax License through the city’s Finance Department. You can apply for your business and sales tax license online at https://glenwoodsprings.munirevs.com 3. You will be required to fill out an Short-Term Rental Affidavit, stating that information contained within said affidavit is true and correct to the best of your knowledge and, you agree to abide by the requirements and restrictions of the applicable zoning, land use and building codes. The Accessory Tourist Rental Affidavit can be found within this guide or online on our website. 4. Shortly after you submit your Short-term Rental application, a staff member from the Community Development Department will contact you regarding your application. If your application is complete, Community Development staff will have you schedule an inspection of your home. All inspections are handled through the city’s Building Department. If you have questions regarding the inspection, contact the Building Department’s administrative assistant at 970 384-6411. 5. After your inspection has been completed, the inspector will do one of two things, either approve your residence for use as a short-term rental, or require that you make modifications to ensure the public’s health, safety and welfare. In some cases, the required modifications may require that you submit a Building Permit. 6. Upon approval of the Short-term Rental Permit, Community Development Department staff will advise the Finance Department that they may release your business and sales tax licenses. Questions pertaining to business or sales tax licenses may be made at 1/888-751-1911 or 970- 384-6455. 7. After you have completed successfully all the previous steps, the Community Development Department staff will issue your Short-term Rental Permit. If you have additional questions regarding the Short-term Rental application process, please review the following Frequently Asked Questions, or call 970 384-6411. 40 Short-Term Rental Permit & Application City of Glenwood Springs, CO Frequently Asked Questions: 1. What is a short-term rental? A short-term rental is the rental of an entire dwelling unit for monetary consideration for a period of time less than thirty (30) consecutive days, not including a bed and breakfast, residency unit, accessory tourist rental, boarding or rooming house, or hotel. This definition does not include offering the use of one’s property where no fee is charged or collected. 2. Are City of Glenwood Springs’ permits or licenses required as a pre-requisite to having a short- term rental in Glenwood Springs? Yes. It will be necessary to obtain a Short-term Rental Permit and a Business/Sales Tax License before commencing to rent a property as a short-term rental. 3. If I swap my house for another home elsewhere and no money is exchanged, do I need a short- term rental permit? The offering of the use of one’s home where no fee is charged or collected is exempt from any City permitting. 4. Is any residential dwelling unit in the City eligible to become a short-term rental or are there certain areas where it is prohibited? The use of homes for short-term rental purposes is regulated via the zoning regulations of the Glenwood Springs Municipal Code in Article 070.030.030(e) Use Specific Standards. Short-term rentals are allowed in all residential and commercial zones subject to a 250 foot buffer distance from any other operating short term rental permit. Short-term rentals also are allowed in Planned Unit Developments (PUDs) unless specifically listed as a prohibited use. S hort-term rentals are not allowed in any dwelling unit that has been permitted as an Accessory Dwelling Unit. 5. Who may apply for a Short-term Rental Permit? All permits shall be issued to the owner of the property. 6. What are the requirements for a Short-term Rental Permit? The requirements are listed in the Glenwood Springs Municipal Code at Article 070.030.030(e)(9) Short-term Rentals. 7. Do I need a business license to operate a short-term rental? A business license is required for short-term rentals. Additionally, short-term rentals are subject to sales and accommodations taxes. Owners are required to charge and collect sales and accommodation taxes. You may apply for a business and sales tax license at the same time you apply for a Short-term Rental permit. (See attached information sheet as to how to apply for a business and sales tax license on line.) 8. Will I need to have my home inspected? Yes, the property owner is responsible for scheduling an inspection with the building department as part of the application. A permit will not be issued without the building department inspection approval. 9. Do I need a building permit for a short-term rental? A Building Permit may be required if significant work is being completed on the home prior to it being rented. Contact the City’s Building Department at 970-384-6411 if you have questions about whether or not your remodeling or upgrades will require a building permit. 10. What building codes will short-term rentals be subject to? The applicable building code for your property depends on the underlying use of your property. One or more of the following codes will apply: International Property Maintenance Code (IPMC), International Residence Code (IRC), or International Building Code (IBC). The City of Glenwood Springs has adopted the 2015 versions of 41 Short-Term Rental Permit & Application City of Glenwood Springs, CO these codes. Copies are available for review at the Public Library. 11. What is a “designated responsible party?” A designated responsible party is a person located in within 30 minutes’ drive time of the property who will be available to immediately respond to any issues arising from the short-term rental of the property, whether it be from the rental party, public safety personnel, utility personnel or any other municipal party. For additional questions regarding short-term rentals, please contact the Community Development Department at 970-384-6411. 42 Short-Term Rental Permit & Application City of Glenwood Springs, CO Glenwood Springs Municipal Code section 070.030.030(e)(9)- Short-Term Rentals. Intent The City of Glenwood Springs recognizes that there are benefits to allowing owners of residential units within the city to rent their dwelling units for periods of time less than 30 days. Short-term rental of dwelling units bring additional visitors to the city, can allow owners to recoup housing costs, and provides revenues for the City through the additional tax collections. The provision of short-term rentals offers additional diversification to the resort and travelling professional accommodations market. However, due to the potential for adverse impacts, short-term rentals must be regulated by the City to protect the health, safety, and welfare of owners, neighbors, and visitors. Applicability The requirements of this subsection shall apply to any residential dwelling unit within the city. This subsection is applicable within a Planned Unit Development unless the short-term rental of property is specifically identified as a prohibited use by the Planned Unit Development. This subsection does not apply to any dwelling unit permitted as an Accessory Dwelling Unit. The City of Glenwood Springs is not a party to and does not enforce any private covenants. Private covenants may restrict the ability for owners to engage in short- term rentals. Owner Responsibilities The owner shall designate a natural person located within a 30 minute distance of the short term rental who is available 24 hours per day, seven days per week, to serve as the local responsible party for the short term rental and to immediately responding to any issues arising from the short-term rental. The designated responsible party may be the owner of the property. The owner shall notify the Director in writing of the designation of the responsible party within five days of such designation or modification of any such designation. The owner or responsible party shall collect and pay all applicable local, state, and federal taxes including sales and lodging taxes. The owner or responsible party is responsible for ensuring the short-term rental meets all applicable local, state, and federal regulations. For example, §38-45-101 C.R.S. et seq. requiring carbon monoxide alarms in residential property. The owner or responsible party is responsible for obtaining all required licenses in accordance with Title 050 of the Municipal Code. Use and Occupancy Restrictions Occupancy limitations of a short term rental shall be established by the International Property Maintenance Code (IPMC) and shall be indicated on the short term rental permit. On properties with an accessory dwelling unit, only the primary dwelling on the property shall be eligible for a short-term rental permit. In a multifamily building under single ownership, no more than 10 percent but at least one unit may be permitted as a short-term rental. In all areas outside the City’s General Improvement District (GID), as the GID may be amended from time to time, the total number of short-term rentals shall be limited to 43 Short-Term Rental Permit & Application City of Glenwood Springs, CO 5 percent of the City’s total free market residential units as determined by the State Demography Office. In addition, a short- term rental unit shall be located a minimum of 250 feet from any other short-term rental unit. This 250 foot limitation shall not apply to units in a multifamily building under single ownership or to units that received permits prior to the effective date of this subsection or to timely renewals of such permits. However, the 5 percent cap on short term rentals includes existing permitted units. Within the GID, as it may be amended from time to time, the total number of short- term rentals shall be limited to 18 percent of the GID’s total free market residential units as determined by the Garfield County Assessor. In a multi-family building under single ownership, no more than two units may be permitted as a short-term rental. GID short term rental permits shall not count towards the total permit number limit identified under Paragraph 4 above. Operation All vehicles associated with the short-term rental use shall be parked in designated parking areas, such as driveways and garages, or on-street parking, where permitted. No parking shall occur on lawns or sidewalks. The owner shall be responsible for ensuring that the short-term rental complies with Section 100.010.060 of the Municipal Code, Garbage, Refuse, and Trash Collection. Owners and resident managers shall make arrangements for proper garbage, refuse, and trash collection. The following information must be posted in a prominent and visible location in the short-term rental: City of Glenwood Springs’ license(s) and short-term rental permit; Contact information for owner and/or resident manager, including phone number for 24-hour response to emergencies; Description of location of fire extinguishers and emergency egress; and Any other information deemed necessary by the Director or Building Official to ensure the public’s health and safety. All advertising of a short-term rental, including advertising on website vacation booking sites, shall display the City of Glenwood Springs short-term rental permit number and business license number. Permit Procedures Limitation to Either Short-Term Rental or Accessory Tourist Rental A property owner may not be issued both a short-term rental permit and an accessory tourist rental permit on the same property at the same time; however, should an owner wish to change the use of a permitted short-term rental permit, he or she may do so by filing an application for an accessory tourist rental permit in accordance with 070.030.030(e)(7). Upon issuance of a new accessory tourist rental permit, the pre- existing short-term rental permit is automatically revoked. Application Requirements The owner shall submit the application on the form provided by the Director and shall pay the application fee set by City Council resolution. 44 Short-Term Rental Permit & Application City of Glenwood Springs, CO Issuance of Permit All short-term rental uses shall require a permit from the Director. Such permit shall only be issued after the short-term rental application has been approved in accordance with the Municipal Code. The short-term rental permit shall specify any terms and conditions of the permit. All permits shall be issued to the owner of the property. A change in ownership shall necessitate the issuance of a new permit. Permits shall be issued for a period of two years and shall expire at the end of odd numbered years. Neighborhood Notification Upon issuance of short-term rental permit, the property owner shall be responsible for mailing public notification of the permit to owners of all real property within 250 feet of any boundary or edge of the subject property or parcel. The property owner shall provide certification to the Director that proper notice has been provided, including a signed affidavit. The format of such certification shall be established by the Director. Revocation of Permit A short-term rental permit may be revoked at any time by the Director should it be determined that the use is not being operated in compliance with this Section or any other section of the Municipal Code. Penalties for Violations Any violation of this Section shall be subject to a fine of $250 for the first offense, $500 for the second offense, $750 for the third offense, and $1,000 for the fourth offense and all subsequent offenses. Each day’s continuing violation shall be a separate and distinct offense. A permit holder who fails to collect lodging taxes on a short-term rental during the permit period shall not be permitted to renew the permit for the next two year permit cycle. 45 Short-Term Rental Permit & Application City of Glenwood Springs, CO [PAGE INTENTIONALLY LEFT BLANK] 46 Short-Term Rental Permit & Application City of Glenwood Springs, CO SHORT TERM RENTAL PERMIT APPLICATION Short term rental means the rental of an entire dwelling unit for monetary consideration for a period of time less than thirty (30) consecutive days, not including a bed and breakfast, residency unit, boarding or rooming house, accessory tourist rental, or hotel. This definition does not include offering the use of one’s property where no fee is charged or collected. GENERAL INFORMATION CHECK ONE: RENEWAL APPLICATION NEW APPLICATION Permit Number:_________________ OWNER: Name: _____________________________________ Business/Tax License # ___________________ Mailing Address: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Phone No.: (home/office)___________________________(mobile)___________________________ E-Mail Address: _________________________________________________________________ RENTAL PROPERTY INFORMATION: Physical Address: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Complex Name.: _________________________________________________________________ Number of Bedrooms: _______________ Number of Dedicated Parking Spaces: ________________ RESPONSIBLE PARTY: □ Owner □ Designated Responsible Party (below) (*Responsible party MUST be located within 30 minutes’ drive from the rental property) Name: _____________________________________ Company: ______________________________ Mailing Address: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Phone No.: (home/office) __________________________(mobile)___________________________ E-Mail Address: _________________________________________________________________ 47 Short-Term Rental Permit & Application City of Glenwood Springs, CO AFFIDAVIT By signing this Affidavit I represent that all information contained in this application is true and correct to the best of my knowledge and acknowledge and agree to abide by the requirements and restrictions of the Glenwood Springs Municipal Code as it pertains to short-term rentals and affirm the following: 1. I have obtained a City of Glenwood Springs business and sales tax license as required under Title 050 of the Glenwood Springs Municipal Code and will promptly remit all applicable taxes in conformance with state and local law. If an individual or business entity acts as the Responsible Party, only one business license shall be required. 2. The rental of the property herein described is permissible under all applicable local zoning and land use regulations under the Glenwood Springs Municipal Code and any covenants and restrictions imposed by any owners’ association with authority over the property. 3. I agree that I am responsible for maintaining the property for health and safety, and to indemnify, defend, and hold harmless the City of Glenwood Springs, including its officers, agents, and employees, from any action resulting from damage, loss, injury, including death, of any occupant of the rental property herein described. 4. I have read and understand the requirements, restrictions, and standards of Section 070.030.030(e)(9) of the Glenwood Springs Municipal Code and shall strictly comply therewith. Note: A Short-term Rental Permit will only be issued after the application has been reviewed and approved in accordance with the Glenwood Springs Municipal Code. Specific terms and conditions may be included in the permit. All permits will be issued to the owner(s) of the property. A change in ownership requires the new property owner to apply for a new permit. Short-term rental permits expire at the end of odd numbered years. Property owners will be sent a new application form prior to expiration of their permit. Owner(s) Signature: __________________________________ Date:_________________ __________________________________ Date:_________________ ADMINISTRATIVE USE ONLY: __________________________________ _____________________________ Application received by: Date: Application fee collected Amount: ______________ Building Inspection completed Date: ________________ Public Notice Affidavit submitted Date: ________________ 48