Short-term rentals in Manitou Springs, explained properly.

Section 18.04.5.4(C)(10) requires short-term rentals to be separated by a minimum radius of five hundred feet measured from each of the property's corners. The City's page states a 500-foot buffer from all other existing short-term rentals for new rentals. A rental that fails to renew its permit forfeits its 500-foot radius from other applications (18.06.4.5(H)). Rentals permitted before June 7, 2016 are treated separately (see the existing rentals row).

The maximum number of short-term rentals may not exceed two percent of the City's residential structures, based on the most recent State of Colorado Demography Office numbers at the beginning of each calendar year. No application is accepted once the maximum has been met, and permitted short-term rentals in existence at adoption count toward the maximum. The current number of structures and rentals was not read.

The definition of short-term rental in 18.04.5.4(A) states that an accessory dwelling unit, as defined under Section 18.04.3.7, shall not be used as a short-term rental.

The permit does not run with the property. It expires on sale or transfer of the property and cannot be transferred or assigned to another individual, person, entity or address, but may be managed by a third party on behalf of the owner. Section 18.04.5.4(C)(2) adds that a change of personal guarantors constitutes transfer of the property.

The permit is valid for one year from the date of issuance and must be renewed for additional one-year periods. Rentals that fail to renew terminate their right to operate and forfeit their 500-foot radius. The renewal fee and renewal deadline were not read.

Short-term rental is defined as the rental of a dwelling unit, or a portion thereof, for lodging for terms of not less than one day and not more than twenty-nine days. The City page describes it as the rental of a residentially zoned property for 29 days or less.

The short-term rental must be occupied by renters for a minimum of twenty-one days per calendar year (18.04.5.4(C)(5)). Individual rooms in a dwelling unit may be rented only when the owner resides on the property.

Each unit needs at least one fire extinguisher on each floor level (location marked) unless the International Fire Code requires more, and carbon monoxide alarms within fifteen feet of the entrance to any bedroom or other room lawfully used for sleeping. Occupancy may not exceed the occupancy load under the City's adopted building code. A notice at or next to the front door, repeated in the rental contract, gives the evacuation route and emergency instructions, the maximum occupants, the maximum vehicles allowed under Section 18.03.8.3, the trash pickup day and trash rules, the owner or manager's name, address and phone number, and the location of the fire extinguishers and carbon monoxide alarm.

At the time of listing with any lodging or booking agency or website, a copy of the listing ad goes to the City for each site where the owner advertises. Each listing must contain the Short-Term Rental Permit number and a statement that the unit is in compliance with all Manitou Springs Municipal Code requirements. Advertising a property as a short-term rental requires the approvals in the code.

The owner must give the City updated contact information for either the owner or the property manager within twenty-four hours of the change. The owner or manager must ensure guests do not create unreasonable noise or disturbances or engage in disorderly conduct, by notifying occupants of the rules and responding by telephone or in person when told occupants are violating the law. The City's page lists the Police Department for noise complaints and the Planning Department for other complaints.

Section 18.06.4.5(K) says the owner shall permit the City to inspect the dwelling unit or individual rooms at any time. Section 18.04.5.4(C)(15) says the inspection is with property owner permission and twenty-four hour notice. Both require the permittee to keep records of occupancy for each unit and make them available to the City on request at any time. The two sections are not reconciled in the code text read.

Section 18.04.5.4(C)(13) lets permits in existence before June 7, 2016 be amended and renewed under the Short-Term Rental Permit procedure without regard to the 500-foot distance limit, while meeting all other standards of that section. Section 18.06.4.5(I) says a rental in existence before June 7, 2016 seeking to amend its permit applies for a new Short-Term Rental Permit under the standards of that section. The City's page says the new codes do not affect short-term rentals approved through a Minor Conditional Use. The two code sections are not reconciled in the text read.

Short-term rental use is deemed abandoned on delivery to the City of written notice that the unit will no longer be used for that purpose, or when the rental discontinues use for twelve continuous months. Section 18.06.4.5(J) adds that permitted owners must notify the City of the closure within thirty days. After abandonment a new application is required before the property may be used again.

It is unlawful to operate a short-term rental without a valid permit. Failure to comply with the use standards may be grounds for revocation of the permit under 18.06.4.5, and revocation may be appealed to the Planning Commission within ninety days of notice. Violations are punishable as provided in the Land Use and Development Code; 18.04.5.4(C)(16) cites Section 18.06.4.27 and 18.06.4.5(L) cites Section 18.06.4.28, and those sections were not read. The City's page says an operation without an approved permit is an illegal short-term rental operation.

Colorado charges its 2.9% state sales tax on the entire amount charged for rooms and accommodations. A stay may also owe local sales taxes that the Colorado Department of Revenue collects for counties and special districts, and any sales tax of a home-rule city that collects its own tax (see below).

State sales tax does not apply to a room or accommodations rented to a person who is a permanent resident of it and has a written agreement to occupy it for at least 30 consecutive days. Shorter stays are taxed.

The Colorado Department of Revenue says anyone who offers rooms or accommodations for rent must get a Colorado sales tax license and collect sales tax on taxable rentals. A seller who makes sales only through a marketplace may be exempt from licensing, collection and filing if the marketplace collects all state and state-administered local sales taxes for them. The license costs $16 (prorated) plus a $50 deposit, a separate license is needed for each business location, and licenses expire on December 31 of odd-numbered years.

For rooms rented through a marketplace (including online platforms), the marketplace facilitator must collect and remit the state sales tax and the local sales taxes the state collects, plus any county lodging tax and local marketing district tax. City taxes in home-rule cities are separate (see below).