Chapter 5.20
SHORT-TERM RENTAL REGULATIONS AND REGISTRATION Revised 4/24
Sections:
5.20.050 Fee schedule and permit. Revised 4/24
5.20.080 Permit renewal and appeal process.
5.20.090 Rules and regulations. Revised 4/24
5.20.010 Purpose.
The purpose of the short-term rental regulations is to facilitate the permitting of short-term rental units subject to appropriate restrictions and standards and to allow for varied accommodations and experiences for visitors while retaining the character of residential neighborhoods. [Ord. 951 § 1 (Exh. A), 2021; Ord. 918 § 1 (Exh. A), 2019].
5.20.020 Definitions.
“Short-term rental” of property shall mean the renting or offer to make available (by way of a rental agreement, lease, permit or any other means whether oral or written), for compensation or consideration, of residential property, a dwelling unit, or a portion thereof, for a period of less than 30 consecutive days. [Ord. 951 § 1 (Exh. A), 2021; Ord. 918 § 1 (Exh. A), 2019].
5.20.030 Permit requirement.
(a) It shall be unlawful for any person to operate or advertise to rent any short-term rental unit without a valid short-term rental unit permit approved by the town manager or designee.
(b) The short-term rental unit permit does not run with the property but is issued to the specific owner of the property. The permit shall not be transferred or assigned to another individual, person, entity, or address but may be managed by a third party on behalf of the owner.
(c) Any person found to be advertising for rent or renting a short-term rental unit without a permit will be notified by certified mail or other delivery method requiring the signature of the recipient to cease and desist all offending actions. Upon receipt of the notice, the offending party shall have 10 business days to correct the offending action. Options would include removing the offending advertisement, ceasing the rental of the offending unit(s), or obtaining a short-term rental permit. After the 10 business day period has ended without correction of the offending action or upon any further violation, the offending party shall be determined to be in violation of this section and shall be fined for each day the offending action continued.
(d) The requirements and restrictions of this chapter shall not apply to hotels, motels, lodges, or boarding houses. Short-term rentals are required to comply with IBC/IFC requirements for R-1 occupancies. [Ord. 951 § 1 (Exh. A), 2021; Ord. 918 § 1 (Exh. A), 2019].
5.20.040 Permit application.
Applicants for a short-term rental unit permit shall submit a completed application form which contains such information as required by this section and shall pay all fees required for the permit application. The application shall be reviewed administratively by the town manager or designee who shall approve or deny the application within 10 working days of submittal or as soon thereafter as reasonable.
The permit application shall include:
(a) Standard town application;
(b) A separate short-term rental permit is required for every rental unit;
(c) The name, mailing address, physical address of the rental unit and contact information including a 24-hour contact phone number for the owner or the owner’s property manager (responsible agent) who can be contacted in the event of an emergency and who, therefore, can promptly address the needs of guests occupying the short-term rental unit and can respond within one hour;
(d) Proof of insurance as set forth in GMC 5.20.060(c);
(e) A narrative addressing all of the short-term rental unit permit review criteria showing how they will be met;
(f) A statement that the owner has read and understands the rules and regulations for a short-term rental unit set forth in this chapter;
(g) The application fee; and
(h) Evidence of a current sales tax license.
(i) Applications must be completed within 14 days of online login or registration. [Ord. 951 § 1 (Exh. A), 2021; Ord. 918 § 1 (Exh. A), 2019].
5.20.050 Fee schedule and permit. Revised 4/24
(a) The annual permit fee shall be set as provided in GMC 3.30.090.
(b) The permit application fee is a one-time payment of $100.00. The purpose of the fee is to finance the cost of administering short-term rental applications.
(c) The permit must be posted within the short-term rental property within 10 days of final approval.
(d) The permit number must be included in all advertisements. [Ord. 990 § 2, 2023; Ord. 951 § 1 (Exh. A), 2021; Ord. 918 § 1 (Exh. A), 2019].
5.20.060 Permit criteria.
The town manager or designee may approve or approve with conditions an application for a short-term rental unit permit if the following criteria and specific regulations are met:
(a) Sleeping quarters for short-term tenants shall not be in nonresidential areas within buildings or accessory structures (e.g., shed, garage, etc.), in commercial (office/retail) or industrial (warehouse) spaces, outdoors (e.g., tent, etc.) or in a recreational vehicle.
(b) A separate short-term rental permit is required for each rental unit. Time-share units will be treated as one unit. Each individual, physical time-share unit, though it may have multiple owners, will be considered as a single unit and will be required to pay the one-time permit application fee provided for in GMC 5.20.050(b) and the annual permit fee provided for in GMC 5.20.050(a) in order to be used as a short-term rental.
(c) The owner shall maintain and provide proof of property liability insurance in the amount of not less than $500,000 or provide proof that property liability coverage in an equal or higher amount is provided by any and all hosting platforms through which the owner will rent the short-term rental unit. Proof of liability insurance is not required if the short-term rental reservations are handled exclusively by hosting platforms (websites) that extend liability coverage of not less than $500,000.
(d) Short-term rental units must remain compliant with all planning, zoning, building, health, fire and town codes.
(e) The owner shall not have had a short-term rental unit permit revoked within the preceding 12 months. [Ord. 951 § 1 (Exh. A), 2021; Ord. 929 § 1, 2020; Ord. 918 § 1 (Exh. A), 2019].
5.20.070 Complaint procedure.
(a) Complaints concerning the use or occupancy of a licensed short-term rental unit may be made to the town by contacting the town of Granby police department/code enforcement officer (non-emergency dispatch number after regular business hours). The subject of the complaint may include without limitations such things as violations of the parking, trash, noise or other requirements related to short-term rental units as provided in this chapter or in the issued permit.
(b) When a complaint concerning a short-term rental unit has been received, the officer will attempt to contact the responsible agent for the short-term rental unit using the contact number on file. In the event the responsible agent does not answer the officer’s telephone call, the officer may leave a voice message requesting a return call. It shall be a violation of this code, for the responsible agent to fail to respond to the officer’s telephone call within one hour of the officer leaving a voice message. When the responsible agent is reached by telephone, the agent will be informed of the details of the complaint.
(c) The responsible agent is required to attempt to address the issue that was the subject of the complaint within one hour of having been notified. A responsible agent shall initially respond to a complaint by contacting the renter of the short-term rental by telephone, electronic methods or in person and requesting the renter take such action as is necessary to eliminate the violation that is the subject of the complaint. A proper response to a complaint may also require the responsible agent to visit the short-term rental unit to attempt to eliminate the violation identified by the complaint.
(d) A responsible agent is not required to and should not place themselves in a situation that could cause them physical harm or cause a public disturbance in order to address a complaint.
(e) The responsible agent shall promptly notify the town if the agent believes that the complaint has been successfully eliminated by the agent. If the town does not receive notification from the responsible agent that the complaint has been successfully eliminated within one hour of the agent having been notified of the complaint, it shall be presumed that the complaint has not been successfully eliminated and the complaining party may follow up with the town about the complaint.
(f) If the complaint involves the immediate health or safety of any person or property and the complaint was not eliminated, the responsible agent shall immediately contact the town of Granby police department and follow all direction(s) given to the agent by the police department.
(g) If the responsible agent fails to respond to a complaint within one hour as required by this section, the town of Granby code enforcement officer shall investigate the matter. If the officer determines that there are reasonable grounds to conclude that a violation of this chapter has occurred a code violation citation may be issued.
(h) In the event the fire district receives a call regarding an STR unit, the fire district may contact the responsible party of the STR. In the event the responsible agent does not answer the fire district’s telephone call, the fire district representative may leave a voice message requesting a return call. It shall be a violation of this code for the responsible agent to fail to respond to the fire district representative’s telephone call within one hour of the representative leaving a voice message. Nothing in this section shall restrict the ability of the fire district to respond to a call for service. [Ord. 951 § 1 (Exh. A), 2021; Ord. 918 § 1 (Exh. A), 2019].
5.20.080 Permit renewal and appeal process.
(a) If two or fewer code violations have been filed related to the subject property in the previous 12 months and the applicant is current on all taxes, fees and other charges owed the town, the applicant is only required to purchase a new yearly permit.
(b) If three or more code violations have been filed related to the subject property in the previous 12 months, there shall be no renewal of the permit for a time period of three months. All future permit applications for the property shall be treated as new applications.
(c) Applicants seeking an appeal shall do so in writing within 10 business days of the date of the notice of denial or revocation to the town manager or designee. The notice of appeal shall contain the following information:
(1) Name of property owner.
(2) Name of registration holder.
(3) Property address and legal description.
(4) Date of violation(s).
(5) Copy of notice of the violation(s).
(6) Brief statement of grounds for appeal.
(7) Any documentation the property owner or registration holder wants considered.
(8) Names, addresses, email address, and telephone number for contacting the appellant.
(d) Appeals are to be heard by the board of trustees within 30 days of receipt of notice of appeal.
(e) The board of trustees shall review the denial or revocation of a permit and shall only overturn the manager’s or designee’s determination if the board finds the decision to be arbitrary and capricious. [Ord. 951 § 1 (Exh. A), 2021; Ord. 918 § 1 (Exh. A), 2019].
5.20.090 Rules and regulations. Revised 4/24
It shall be a violation of this chapter for the owner or short-term rental tenants to fail to comply with the following rules and regulations:
(a) All short-term tenants shall abide by all applicable noise (GMC 8.15.050, offense against peace and quiet), open fire, housing and public health ordinances and codes of the town and all other town fire and safety regulations.
(b) A site plan showing adequate parking shall be supplied at the time of application. Parking in private driveways shall be utilized first with overflow parking on the street if permitted. Parking on site in nondriveway areas (i.e., front yard areas, parkways and rear yards) shall be prohibited. Occupants must comply with all town parking regulations.
(c) The town-issued permit number shall be used in all rental marketing materials. It shall be considered a code violation if false or misleading occupancy marketing materials are posted.
(d) Use of short-term rental unit for any commercial gatherings or events that include attendees other than the short-term tenants (such as weddings) is prohibited.
(e) During the term that a short-term rental unit is occupied by a short-term rental tenant, the owner and/or responsible agent shall be available 24 hours per day, seven days a week, for the purpose of responding within one hour to complaints regarding the condition or operation of the short-term rental unit and its tenants. If the local responsible agent designated by the owner changes then the owner shall update the permit on file within three business days.
(f) A clearly defined trash storage area, an adequate number of trash containers and a trash company hired for regular pickup must be identified. Wildlife-proof trash containers shall be provided by the applicant. The owner or complex shall maintain weekly residential trash collection services. Garbage containers that are placed for street pickup shall not be left out for more than a 24-hour period. The property shall be free of trash and debris.
(g) The applicant shall obtain prior written consent from the governing homeowners’ associations (HOAs) if the property is located within a governing HOA.
(h) Short-term rental properties must comply with the town sign code.
(i) If more than one property is accessed by a shared driveway, written permission to access the driveway must be obtained from each affected property owner before a permit will be issued.
(j) The maximum occupancy of a short-term rental unit shall be limited to four people more than twice the number of bedrooms listed in county records. A loft with an egress window or door may be treated as a bedroom. Example: two bedrooms equals two times two plus four, or eight people.
(k) No more than two pets per short-term rental unit shall be permitted. All pets must have proper vaccinations and all pet owners are required to obey all local, county and state laws and regulations.
(l) The property owner or property manager shall post the following information in a prominent location within the unit:
(1) Copy of approved short-term rental permit.
(2) Primary and secondary 24-hour contact person.
(3) Maximum occupancy permitted. The posting shall include a statement that it is a code violation of the short-term rental permit for the number of occupants to exceed the permitted occupancy.
(4) Maximum parking spaces and location on the property where parking is permitted and a statement that parking in nondesignated areas is prohibited.
(5) Identify the location of the garbage storage areas, garbage collection day and garbage disposal plan.
(m) A key safe, as regulated by the fire district, must be located outside of the main entrance door and must contain a spare key to the main entrance door as well as keys to any secure area within the premises (utility rooms, owners’ closets, garages, etc.).
(n) The unit address shall be clearly marked and visible from the roadway with a minimum of three-inch reflective or high contrast numbers.
(o) To ensure the health, safety, and welfare of short-term renters, the following safety equipment must be installed and safety measures must be taken in the STR unit:
(1) Interconnected smoke detectors in each separate room of the STR unit;
(2) Carbon monoxide detectors on every floor of the STR near sleeping areas and near gas fueled boilers, furnaces, and fireplaces;
(3) Fire extinguishers on every floor of the STR, which must be visible or clearly marked; and
(4) Egress doors and windows must remain operable and cleared of snow, debris or any other obstruction.
(p) Within 60 days of application for an STR permit or application for renewal of such permit, the town manager or his/her designated representative may enter upon and inspect the STR to ensure compliance with the provisions of this chapter. Such entry and inspection shall only be permitted between the hours of 9:00 a.m. and 5:00 p.m. and after providing the responsible agent of the STR at least three days’ written notice of the town’s intent to inspect.
(q) Prior to renewal of a short-term rental permit, the owner of each short-term rental unit or the owner’s designee shall provide, or cause to be provided, to the town a report detailing by address the amount of total revenue and corresponding sales and use taxes that were generated from the short-term renting of the property during the preceding year, identified by address and unit number, if applicable. It shall satisfy this requirement if the owner submits to the town any sales tax returns, including any amendments thereto, submitted to a taxing authority reflecting the amount of total revenue and sales tax generated from, or reported to be associated with, the property. No renewal of a permit shall be granted unless the applicant has provided the town with the written report required of this subsection. [Ord. 990 § 3, 2023; Ord. 951 § 1 (Exh. A), 2021; Ord. 918 § 1 (Exh. A), 2019].
5.20.100 Penalties and revocation.
(a) Code and permit violation penalties (within a 12-month rolling period) are as follows:
(1) First offense: warning.
(2) Second offense: $500.00.
(3) Third and subsequent offenses: $1,000 and/or revocation of permit. [Ord. 951 § 1 (Exh. A), 2021; Ord. 918 § 1 (Exh. A), 2019].