CHAPTER 8
SHORT-TERM-RENTALS
SECTION
3-8-1: Purpose
3-8-2: Definitions
3-8-3: Short-Term Rental Building Inspection Required
3-8-4: Conditional Use Permit And Business License Required
3-8-5: Fees
3-8-6: Authorized Manager Or Local Contact Person
3-8-7: Sale Or Transfer Of Property
3-8-8: Building Standards
3-8-9: Parking Regulations
3-8-10: Required Posting
3-8-11: Prevention Of Noise, Nuisance Or Trespass
3-8-12: Enforcement Provisions
3-8-13: Appeals
Appendix 1: Short-Term Rental Inspection Checklist
Appendix 2: Dwelling Unit Rental Comparison Table
Appendix 3: Short-Term Rental Classification Flowchart
3-8-1: PURPOSE:
The purpose of this chapter is to establish regulations for the use of privately-owned dwelling units as Short-Term Rentals to protect local residents' quality of life, building safety and fire hazard mitigation, ensure proper collection and remittance of Transient Room Taxes and appropriate Sales and Use Taxes and to address negative impacts relating to noise, parking, traffic, garbage and other common occurrences resulting from Short-Term Rentals. (Ord. 2021-07, 11-17-2021; amd. Ord. 2023-3, 1-18-2023)
3-8-2: DEFINITIONS:
For purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section:
APPLICANT:
The Owner of the Short-Term Rental unit or the Owner's authorized agent or representative.
BUILDING OFFICIAL:
Unless otherwise designated by the town, the Garfield County Building Official shall serve as the Building Official for Hatch Town.
LOCAL CONTACT PERSON:
The person designated by the Owner or the Manager, for the purpose of:
   1.   Responding to complaints regarding the condition, operation or conduct of occupants of the Short-Term Rental; and
   2.   Taking remedial action to resolve any such complaints.
MANAGER:
The Owner or the designated agent or representative of the Owner who is responsible for compliance with this chapter.
OWNER:
The person(s) or entity(ies) that hold(s) legal and/or equitable title to a dwelling unit being operated, legally or not, as a Short-Term Rental.
PROPERTY:
A legal lot of record on which a Short-Term Rental is located.
SHORT-TERM RENTAL (STR):
A dwelling unit, or any portion thereof, being used for transient accommodation purposes, including but not limited to, single-family dwellings, multiple family dwellings, accessory dwelling units (ADU's), glamping units or any other dwelling unit for a period typically less than thirty (30) consecutive days.
Additionally, any dwelling unit that:
   1.   Is listed on any accommodation website including but not limited to Airbnb, Vrbo, HomeAway, Trip Advisor, etc.;
   2.   Has (or should have) an approved Hatch Town Business License and Conditional Use Permit, if applicable, for a STR; or
   3.   Pays (or should pay) applicable Sales and Use and Transient Room Taxes for the STR, is hereby considered a Short-Term Rental and shall be subject to the regulations set forth in this chapter, even if the STR is rented out for a period longer than thirty (30) days. (See Appendices 2 and 3).
   STR, OWNER OCCUPIED:
A Short-Term Rental unit where the Owner or Manager resides on the same property.
   STR, ENTIRE DWELLING UNIT:
A Short-Term Rental unit where the entire main dwelling unit or the accessory dwelling unit is occupied by the STR occupants and the Owner or Manager does not reside on the same property.
TRANSIENT:
Occupancy of a dwelling unit for not more than thirty (30) days.
ZONING ADMINISTRATOR:
The person formally assigned by the Hatch Town Council to enforce the provisions of this chapter. (Ord. 2021-07, 11-17-2021; amd. Ord. 2023-3, 1-18-2023)
 
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