TC Ord. No. 25-12 Amending Section 5.04.050 to Define Short Term Rental Limited Licensesn
,ovon
C 0 L 0 A A D 0
ORDINANCE 25-12
AMENDING SECTION 5.04.050 OF THE AVON MUNICIPAL CODE
TO DEFINE SHORT TERM RENTAL LIMITED LICENSES
WHEREAS, the Town of Avon ("Town") is a home rule municipal corporation and body politic
organized under the laws of the State of Colorado and possessing the maximum powers,
authority and privileges to which it is entitled under Colorado law; and
WHEREAS, the Town Council of the Town of Avon ("Council") adopted Ordinance 22-08
and Ordinance 22-09 to regulate short term rentals, including the minimum management
requirements; and
WHEREAS, Council conducted public hearings when adopting Ordinance 22-08 and 22-09, where
a Short Term Rental Limited license type was discussed as a way for property owners to rent
individual units up to forty-two (42) days in a calendar year despite rental caps on properties
outside of the Town Core; and
WHEREAS, Council finds that approval of this Ordinance is necessary to define a license type that
was erroneously omitted from the adoption process for short term rental licensing; and
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirement of Section 6.5(d) of the Avon Home Rule
Charter by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, has determined to
take final action on this Ordinance prior to concluding the public hearing on second reading.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of Council.
Section 2. Municipal Code Amendments. Section 5.04.050 of the Avon Municipal Code
is amended as set forth in Exhibit A: Chapter 5.04.050 Short Term Rentals.
Ord 25-12 Limited Short Term Rental Licenses July 22, 2025 2"d Reading
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Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 6. Codification of Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not
substantively change any provision of the regulations adopted in this Ordinance. Such
corrections may include spelling, reference, citation, enumeration, and grammatical errors.
Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in
accordance with Chapter 1.16 of the Avon Municipal Code.
[SIGNATURE PAGE FOLLOWS]
Ord 25-12 Limited Short Term Rental Licenses July 22, 2025 2 ,d Reading
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INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on June 24, 2025 at the Council Chamber
Avon Municipal Building, located at One Hundred Mikaela Way, Avon, Color �Fq�Oti
referred to a public hearing on July 22, 2025.
BY: ATTEST: : SE A L
Yamra N. Underwood, Mayor ran&, Te,(res; Dep,,hl T-Utu,., GiQrtic.
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council oq, jul 22,
2025.
BY•
amra N. Underwood, Mayor
APPROVED AS TO FORM:
Nina Williams, Town Attorney
ATTEST:
b.re'AM 1—Urfe5, Dep4 � T-w
Ord 25-12 Limited Short Term Rental Licenses July 22, 2025 2"d Reading
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140F o
SEAL)
ATTACHMENT A to Ordinance 25-12
CHAPTER 5.04.050 Short Term Rentals
(a) Short Term Rental License. A Short Term Rental License shall be obtained from the Town
prior to any operation of a Short Term Rental or Resident Occupied Short Term Rental. The
Short Term Rental License shall serve as the Business License for a residential unit. Failure
to obtain and continuously maintain a Short Term Rental License while operating a
residential dwelling, or portion thereof, as a Short Term Rental shall be a violation of this
Chapter 5.04.
(b) Short Term Rental Definitions. The following terms are defined and apply to Short Term
Rentals
(1) Front Desk or Manager means any arrangement where a property has an on-site24-
hour front desk or a manager arrangement that manages multiple residential units on
the same property.
(2) Limited Short Term Rental means any residential property which is limited to
forty-two (42) nights of rental, not including rental periods of more than thirty
(30) consecutive nights, within the 365 day period in which the Short Term Rental
License is valid.
(-2) (3) Resident Occupied Short Term Rental means any residential property for which a
full-time resident resides at such residential property as that resident's Primary
Residence, as defined in Section 3.12.020, and for which a portion of the residence
including other bedrooms, but not the entire residence, is rented for fewer than 30
consecutive days.
(4) L-STR-L License means a license to operate a Limited Short Term Rental.
(34 (5) RO-STR License means a license to operate a Resident Occupied Short Term
Rental.
(4) (6) STR License means a license to operate a Short Term Rental or Resident Occupied
Short Term Rental.
(-5) (7) Short Term Rental means any residential property for which the entire residence is
rented for fewer than thirty (30) consecutive days and is assessed as residential
property by the Eagle County Assessor.
(c) Fees. A Short Term Rental License Fee shall be paid in lieu of the Business License Fee.
The Short Term Rental License Fee shall be paid annually. License options shall be as
follows:
(1) Resident Occupied Short Term Rental: $150
(2) Front Desk/Manager for Time Share: $250 plus $25 for each bedroom on the property
that is used for short term rental.
(3) Short -Term Rentals and Limited Short Term Rentals:
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(i) Studio or One Bedroom:$350
(ii) Two Bedroom:$400
(iii) Three Bedroom:$450
(iv) Four Bedroom or Greater:$500
(d) Minimum STR Management Requirements. The following Minimum STR Management
Requirements shall be continuously met by an STR License holder,
and the failure to continuously meet these minimum management
requirements shall be deemed a violation of this Chapter and grounds for denial, suspension,
or revocation of a STR License under this Chapter 5.04. The STR License holder shall sign
an affidavit each year upon obtaining an STR License and renewing such license that shall
affirm compliance with these Minimum STR Management Requirements:
(1) Management Contact. The STR License Holder shall communicate current contact
information for a Management Contact person to all renters who shall be available to
respond to urgent matters, such as water leaks or heating malfunction. The contact
information shall include a cell phone number and email address. The designated
Management Contact shall be available to respond to any renter within four (4) hours
by phone or email and shall be available to respond in person, or cause a designee or
agent to respond in person, within twenty-four (24) hours.
(2) Smoke Alarm, Carbon Monoxide Alarm, and Fire Extinguishers. The STR License
Holder shall provide and maintain smoke alarms, carbon monoxide alarms, and fire
extinguishers as required to meet minimum building codes for transient occupancy.
(3) Maximum Occupancy. The maximum occupancy for any STR License and 9-
Ueense shall be two (2) persons per bedroom and loft area plus two (2) persons.
(4) Wood Burning Fireplaces and Stoves. Wood burning fireplaces, stoves and chimneys
must be cleaned on an annual basis.
(5) General Maintenance. The STR License holder shall continuously maintain the
property in a manner that is fit for occupancy by visitors, including but not limited to
all plumbing, electrical, heating and cooling, and operation of doors and windows.
(6) Parking. The STR License holder shall provide a legal off-street parking space to serve
the STR License which meets the parking requirements of a Development Plan
approved by the Town of Avon or meets the minimum parking requirements set forth
in the Avon Development Code.
(7) Trash and Recycling. The STR License holder shall provide service for trash and
recycling removal and/or access to trash and recycling removal which is located on the
property where the STR unit is located.
(8) Noise. The STR License holder shall communicate to rents that noise which is
disturbing to occupants in other neighboring residential units is not permitted before
8:00 a.m. or after 10:00 p.m..
(9) Nuisances. The STR License holder shall communicate to renters that nuisances will
not be tolerated, including but not limited to odors, smoking, and barking dogs.
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(10) Accurate Representation. The STR License holder shall accurately represent the
residential unit and associated amenities to rents, including but not limited to size or
type of unit, number of bedrooms, number of bathrooms, access to WIFI, and access to
common amenities provided on, or with, the property where the STR is located.
(11) Renter Information. The STR License holder shall provide to renters the information
and rules in this section, the STR License number and such other minimum
information as the Town may determine appropriate for Minimum STR Management
Requirements.
(e) Additional Minimum RO-STR Management Requirements. RO-STR License holders must
comply with all other Minimum STR Management Requirements. Additionally, a RO-STR
License holder must designate by name the resident or residents that reside at the property
as their Primary Residence, as defined in Section 3.12.020, and such designated residents
must be physical in residence for a portion of each of day that there are short-term rental
occupants at the residence.
(f) Advertisement of accommodations. Every property owner providing any room or rooms
used for STR for a duration of fewer than thirty (30) consecutive days shall obtain and
maintain an STR License or RO-STR License prior to advertising such STR. The failure to
obtain a business license prior to advertising such STR shall be a violation of this Chapter.
Advertisement shall include any written, oral or video communication or publication
disseminated by signage, mailing, print, internet listing, e-mail publication, social media,
other electronic means, telephone or other means which is intended to directly or indirectly
induce a person to use or rent the property for consideration. Any advertisement of STR
shall prominently display the Avon business license number in the advertisement as, "Avon
STR License No. (insert number]". The failure to prominently display the Avon business
license number in any advertisement of STR shall be a violation of this Chapter.
(g) Limitations of Short Term Licenses. The total number of licenses permitted for a Property
in the [STRO] zone district and outside the Town Core, as defined in 7.08.010 and as
delineated on the Town Core Map, shall be 15% of the total number of residential units for
such Property, with the following exceptions and modifications:
(1) A Property for the purposes of this section shall mean a multi -family residential
development associated with a site -specific subdivision plat approval for such property
which typically has a distinct subdivision name.
(2) The number of allowed STR licenses shall be rounded up to the nearest whole and
shall not be less than one (1) for any Property.
(3) There shall be no limit of RO-STR-R9 or L-STR-6 Licenses.
(h) Administration of Short Term Rental Licenses. The Community Development Department
shall review license applications and license renewals for STRs, *Rd-RO-STRs, and L-
STR-6s, and provide verification to the Finance Director that licenses meet the Minimum
STR Management Requirements for STR Ueenses, RO STR hieenses, STR h hieenses,
and all relevant provisions of Business Licenses generally. The Community Development
Department shall have the authority to create and adopt application forms, procedures for
registering complaints, and such additional rules and regulations as may be required to
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implement and efficiently administer STR Licenses, eAd RO-STR Licenses, and44m-i"
L-STR-6 Licenses.
(i) Complaints and Violations. The Community Development Department shall receive
complaints concerning Short Term Rentals including any violations or non-compliance with
the requirements of this Section. The Community Development Department shall
investigate complaints and provide recommendations to the Finance Director if non -action,
a warning, a fine, denial, suspension or revocation of an STR License is appropriate. In all
cases, the complaint shall be communicated to the STR License holder. The procedures and
criteria for revocation of Business Licenses set forth in Section 5.04.110 shall apply to
proceedings for revocation of an STR License. The provisions set forth in Chapter 5.04
Business Licenses generally for violations, penalties and enforcement shall apply to STR
Licenses.
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