Since last month, a few new developments have taken place in the Summit County STR saga. For a complete list of developments, you can check out this document.

SUMMIT COUNTY UNINCORPORATED

On November 23, 2021, the Summit County Commissioners approved an ordinance creating a new short-term rental license structure. The Ordinance will go for a final reading and vote on December 16th. If approved, the Moratorium on current permits will expire, and the new Ordinance will take effect.

If you have questions about the proposal, please reach out to the County STR hotline at 668-4186. The Ordinance is subject to change at the final vote on the 16th, so the following highlights are not set in stone. Scott Peterson, CAR legal Counsel, recommends that you contact the County directly to understand the policies and do your own due diligence. Any property rented for more than 30 consecutive nights is considered a long-term rental and not subject to the following rules.

Two Types of Zoning

Resort Zoning

Resort zoning includes Keystone, Copper, Tiger Run RV Resort, 4 O’clock Sub, Skiwatch, and Peak 7 ( added November 23). These areas are exempt from the new permitting requirements as these areas are designed for tourism.

Residential Zoning

Residential zoning includes all other unincorporated areas of the County. There will be three types of permits for properties in these areas a property owner can apply for. There are no caps on the amount of short-term rental licenses. Property owners can choose which permit makes the most sense for them.

1. Type One is for primary homeowners who short-term rent either a room in their home or their entire property for up to 60 nights a year.
2. Type Two is for second homeowners who want to use their property and rent it. This license type will allow owners to rent their property for up to 135 nights a year while using it for themselves for the rest of the year. SAR has consistently asked for 180 nights a year and was pleased when the commissioners increased the number of nights from 120-135 yesterday.
3. Type Three is for owners who want to rent for more than 135 nights and also includes investment properties that want to rent year-round. This section will be reviewed again by the Commissioners on December 16th and is subject to change.

Single Family Property Owners

Single Family property owners must go through the Conditional Use Permitting (CUP) process.

• Must have 100 ft setback between residential improvements or have an Accessory Dwelling Unit (ADU).
• If lot is smaller than 40,000 sq ft, it goes through the Conditional Use Permit Class 4 process, reviewed by the County Planning Commission. Occupancy is 2 per bedroom plus 2.
• If lot is bigger than 40,000 sq ft, it will go through the CUP class 2 process reviewed by County staff. Occupancy is 2 per bedroom plus 2 but can apply for additional occupancy if it goes through the Class 4 review process.

Multi-Family Properties

• Properties must be a part of an HOA with at least 100 units. HOA must have shuttles to ski areas or be within 100 ft of a bus stop. It must include other on-site amenities such as pool, hot tub, sauna, gym, game room, tennis/pickle ball, etc.
• HOA must verify amenities and provide a letter stating STR’s as a compatible use. If HOA does not verify, then property goes through a class 4 CUP process.
• Occupancy is 2 per bedroom plus 2, with no option to change.

 
Short-term rental license holders who had licenses prior to the Moratorium will be allowed to keep their current licenses for 5 years to give time to determine which type of permit they will fit into in the future. Keep in mind, they still expire each year.

Not sure if a property is in unincorporated Summit County? You can use the Summit County GIS tool to find out.

BRECKENRIDGE

Breckenridge Town Council decided to add a $400 per studio/bedroom fee to all short term license permits. This is on top of the business and license regulatory fee.

A task force has been formed with town council members, staff and local stake holders to more carefully examine “resort zones” which would be exempt from the STR cap. Therefore, the exempt list of properties in Breckenridge may be subject to change.

For other jurisdictions, please look at the STR information sheet linked above! No other jurisdictions have implemented any rules, but all are discussing the issue.