Colorado Springs bans *some* STRs

[James Carlson]

It finally happened. Colorado Springs passed a law banning some Airbnb/short-term rentals last week. So, what do you need to know?

What's banned?

• all new non-owner occupied short term rentals in R-1 or PUD zoning
• any new non-owner occupied STRs in R-2 and higher zoning that are within 500 feet of another non-owner occupied STR

What's still allowed?

• all existing permitted STRs (non-owner occupied and primary residence homes), regardless of zoning, as long as you continue to renew the license ... in other words, everyone who's currently (and legally) operating an STR is grandfathered in.
• all new non-owner occupied STRs in R-2 and higher zoning that are NOT within 500 feet of another 
• all new primary STRs in any zoning

Confused? Feel free to reach out to me. I have a sick love of talking about STR and Airbnb laws. Here's some more info.

Definition of "owner occupied"?
You live there 210 days or more. How do they police that? Who knows.

When do the new regulations go into effect?
The council has to give final approval at their next meeting, Dec. 19, 2019. There is some confusion about whether it will be in effect upon that approval or if it will go into effect a few days later when it's officially recorded.

How does this impact my current or about-to-be Airbnb rental?
If you're permitted, you're good. If you have a rental but no permit, apply for the permit right now.

What about future STR investments in Colorado Springs?
Funny you should ask! You should probably work with someone who understands the laws inside and out. (Ahem.) If you are creative and know how to search, you can find homes for Airbnb. I already have a handful of current listings that I know would still work under the new laws.

[Thadeous Larkin]

@James Carlson - may I supplement?  I'm going to assume your permission since this is a forum and this is America and I'd do whatever I want anyway.

Each of the new ordinances contains a military clause meant, ostensibly, to protect active duty military STR owners (for the owner-occupied portions of the amendments). That is because, upon deployment or PCS, we (active duty military STR owners) cannot comply with the owner-occupier rule. The amendments, in both C. and D., contain the following language:

"Where an Owner Occupied short term rental unit is owned by an active duty military service member whose permanent duty station is within El Paso County, the Manager shall waive this requirement for the Owner for up to one (1) year if the service member receives orders to report to a temporary duty station outside of El Paso County."

Unfortunately, the message to service members who own an STR is that you have one year after PCS or Deployment to return to an owner-occupier status. Unless you're leaving the service or returning from a deployment, that is impossible. Basically, if the Army/Air Force tells you "I order you to move" (which happens every 3-4 years), you get to keep your STR for one more year but lose it forever after that.