Short Term Rental Information
A "short-term rental" (STR) or vacation rental is the renting or leasing of a furnished home, cabin, condominium, one (1) unit of a multifamily unit, modular living unit or mobile home or recreational vehicle for a short-term stay, either on a daily or weekly basis for twenty-nine (29) or fewer days during a one-month period.
The Board of Trustees have established (12) twelve Short-Term Rental divisions within the Town of South Fork. (Attached as Appendix A)
a. Short-Term Rental percentages are capped at 13 percent of the total number of housing units within those divisions; except, divisions 1, 4 and 8.
b. Divisions 1, 4 and 8 have been designated as high capacity Short-Term Rentals based upon their development and or current high capacity of Short-Term Rentals.
c. Divisions 1, 4 and 8 do not have an established percentage cap.
d. Cap limits shall be reflected as a whole number. Decimal values will not be considered. Caps of 13 percent are acceptable, 14 percent is not.
Division 1-Rio Vista and Vista Del Rio
Division 2-Riverside Estates, Hudson's Sentinal Mtn Club, and Deer Park
Division 3-Highland Meadows
Division 4-Big River Way
Division 5-River Greens, Rivers Edge Mtn Views and Riviere Estates
Division 6-Ponderos Estates, Ponderosa Country Estates, Ponderosa Valley and Pine Cone
Division 7-Dakota Park and South Fork Small Tract
Division 9-Log Haven and Foot Hills #1
Division 10-Crow's Nest and Beaver Mtn Estates
Division 11-Red Bluff, Beaver Mesa, Hidden Springs and South Fork Ranchos
Division 12-Jackson Heights
Prior to approval of the initial permit application, a public notice of intent for utilizing the property for STR will be posted in front of property (visible from street) for a minimum of ten (10) days to solicit input from local neighbors. Any feedback from neighbors will be reviewed and included in consideration by Town staff for permit application approval. Town staff may consider the past history of the use of the property, projected future use of the property and the effect upon the health, welfare and safety of town residents in so doing. Based upon such consideration, the Town Administrator may refer the application to the Planning Commission and Town Board for conditional use approval pursuant to the provisions of Code Section 16-3-40.
Short-Term Rental Use Approval Requirements for Short-Term Rentals with in the Town Limits of the Town of South Fork
The following criteria shall be met before the Short Term Rental Use Permit is issued. Any violation of these conditions may result in an administrative revocation of this permit. Excessive number of verified complaints associated with the short term rental use of this property may result in an administrative revocation of this permit and could be subject to a fine not exceeding two thousand, six hundred and fifty dollars ($2,650.00) with each day of continued violation being considered as a separate offense.
- Payment of $1,500 Short Term Rental Application Fee. This fee includes payment for a Town of South Fork Business License and Life Safety Inspection and is for both new applications and annual renewals of all Short Term Rental Permits.
- The Owner must possess a current Town of South Fork Business License; the Business License will be renewed annually for every year the Owner desires to let the premises be used as a short-term rental unit. The Business License may be denied or revoked if the Owner is not in compliance with the terms and conditions of this Permit, as well as other applicable laws. All permits are non-transferrable. A thirty-day grace period will be extended to a renewal deadline of an expired permit from the same owner. After thirty (30) days, a new permitting process will be required. Deadlines and required paperwork will be strictly adhered to and missed deadlines and incomplete paperwork will be grounds for immediate declination of new and renewal permits. Vacated permits under the established cap will be filled on a first come, first served basis.
- A life safety inspection shall be ordered on a yearly basis by the Owner, and completed by the Town. Owner shall provide proof of inspection at time of Permit renewal. Such inspection shall determine the following:
- Fire extinguisher shall be mounted to a wall in the kitchen and utility/HVAC area;
- Smoke alarms and CO alarms shall be installed outside of each sleeping area door, in the kitchen and in the utility/HVAC area;
- Egress/Fire Escape/Ladder; and
- Maximum Occupancy Notice(s) shall be clearly posted (1 occupant for every 200 gross square feet of space).
- The property owner must display the Town business license number after the name of the business on all advertisements on media sites, i.e.…Big Deer Cabin #1234567.
- No trash or garbage shall be left outside. Trash and garbage receptacles will be “bear proof.”
- No on-street parking shall be permitted at the rental unit.
- Required liability insurance on property.
- ATV’s shall comply with all rules, regulations and permitting requirements set forth by the Town of South Fork. Rules for ATV’s and routes through town shall be posted on the property.
- It is against State law to feed the wildlife
- Observe any current fire restrictions for outdoor fires and use of BBQ’s
It is the owner’s and/or applicant’s responsibility to determine if there are any rules, regulations and/or covenants that would impact the ability to use the property as a short-term rental.
The owner of a short term rental (or an owner’s representative) shall reside in Rio Grande County or an adjacent county that shall remain on call for the entire duration of any period in which the property is occupied as a short-term rental. Contact information for the owner, or owner’s representative shall be listed on the notice of Short-Term Rental Rules and kept on file at Town Hall. Contact information for the owner or owner’s representative shall also be posted inside of the building in a conspicuous location.
All owners are required to collect taxes from renters of STR and remit to the Department of Revenue in compliance with state requirements;
- Specific taxes to be collected are sales tax, which includes State, County, and Local sales tax; Lodging tax; and if applicable, Marketing District tax.
- Evidence of the issuance of the Colorado State sales tax license and Lodging Tax is required as a condition of the Town Administrator approval of the permit.
- Evidence of payment of Lodging Tax.
The above are typical conditions and the Town at its discretion may develop and publish additional criteria supplementing the above listed requirements. In the granting or denial of the short term rental use application, Town staff may consider the effect upon surrounding property owners and may request, in unusual situations that the approval or denial be subjected to the conditional use process set forth in the Town of South Fork Land Use and Development Code (Ordinance 15-05). The Short Term Rental Use Permit shall be issued upon the recording of the Short Term Rental Permit Agreement by the Town Clerk. The Town Clerk shall not record the Agreement until all requirements listed in the Agreement have been met by the Owner of the Property.