HomeMy WebLinkAboutOrdinance 1802 - STR
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER LARSON
COUNCIL BILL NO. 17
ORDINANCE NO. 1802
Series 2024
TITLE: AN ORDINANCE AMENDING CHAPTERS 2, 11 AND 26 OF THE WHEAT
RIDGE CODE OF LAWS REGARDING SHORT-TERM RENTAL
DISTRICT CAPS, REPORTING REQUIREMENTS FOR HOSTING
PLATFORMS, AND ENFORCEMENT PROCEDURES FOR SAME
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers
conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. §§ 31-15-501 and 31-
23-301, et seq., the City, acting through its City Council (the “Council”), is authorized to
adopt ordinances for the protection of the public health, safety or welfare; and
WHEREAS, pursuant to this authority, the Council previously adopted short-term
rental license requirements and regulations, codified within Chapter 11 and Chapter 26
of the Wheat Ridge Code of Laws (“Code”); and
WHEREAS, City Staff have recommended certain amendments to the short-term
rental (“STR”) licensing program to better clarify the responsibilities of third-party hosting
websites, to strengthen enforcement tools against third-party hosting platforms which
remain out of compliance with the Code, and to eliminate an unintended gap in regulation
which permitted townhomes to circumvent the license cap in each respective zone district;
and
WHEREAS, the Council finds that these amendments are necessary to ensure the
continued effective regulation of short-term rentals within the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 2-92 of the Code, concerning administrative enforcement
penalties, is hereby amended as follows:
Sec. 2-92. - Penalties assessed.
(a) The manager shall develop guidelines for fines based upon the
manager's assessment of the cost to the city for enforcing the provisions of
this article. Such guidelines shall be approved by the city council.
Thereafter, the manager shall publish a schedule of fines for administrative
citations. The schedule of fines shall be graduated in amount, with the
smallest fine being assessed for the first administrative citation and
increasingly larger fines for second, third and subsequent administrative
citations. No single fine assessed for an administrative citation shall exceed
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one thousand dollars ($1,000.00). The schedule of fines shall be amended
no more than once per year.
(1) NOTWITHSTANDING THE PROVISIONS OF SECTION
2-92(A) HEREOF, FOR THOSE HOSTING PLATFORMS, AS
THAT TERM IS DEFINED IN SECTION 11-503, WHICH ARE
ISSUED ADMINISTRATIVE CITATIONS PURSUANT TO
SECTION 11-506(C), SUCH FINE SHALL AUTOMATICALLY
BE IN THE AMOUNT OF ONE THOUSAND DOLLARS
($1,000) PER DAY FOR EACH DAY A VIOLATION
OCCURS.
(b) If the responsible party fails to correct the violation, subsequent
administrative citations may be issued for violations of the same applicable
section. The fine assessed for each administrative citation issued for
violations of the same applicable section(s) shall not exceed the amount set
in the manager's schedule of fines regardless of the number of violations
per citation.
(c) Payment of the fine shall not excuse the failure to correct the
violations nor shall it bar further enforcement action by the city.
(d) All fines assessed shall be payable to the City of Wheat Ridge.
Section 2. Section 11-503 of the Code, concerning short-term rental operational
requirements, is hereby amended as follows:
Sec. 11-503. - Operational requirements.
(a) Notice to adjacent property owners. Within seven (7) days of
issuance of a short-term rental business license, the short-term rental host,
as defined in section 26-123, shall notify adjacent property owners within
one hundred (100) feet of the subject property with through a written notice
by regular mail or personally delivered. The notice shall include the
emergency contact information required by subsection 11-502(1).
(b) Posting. A copy of the issued short-term rental business license
and the emergency contact information shall be conspicuously posted on
the subject property within the area rented for use as a short-term rental.
(c) Non-assignable. A short-term rental business license may not be
transferred or assigned to any other party or any other property. A short-
term rental business license does not transfer to a new property owner if a
property with an approved short-term rental is sold.
(d) Age restriction. A short-term rental shall not be rented to a person
under twenty-one (21) years of age.
(e) Any advertisement for a short-term rental shall be subject to the
following requirements:
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(1) The license number as provided by the city AND AN
IDENTIFICATION OF THE SHORT-TERM RENTAL AS EITHER A
WHOLE HOME OR PARTIAL HOME RENTAL shall be posted within
the advertisement, including on any hosting platform. For the
purposes of this ARTICLE subsection, a hosting platform shall mean
a person or entity that facilitates reservations or payments between
a short-term rental host and a person seeking lodging
accommodations, including a website with short-term rental listings.
(2) Advertisements may not promote the use of cannabis or
other controlled substances on the property.
(F) HOSTING PLATFORMS. EACH HOSTING PLATFORM SHALL
MAINTAIN THE FOLLOWING INFORMATION FOR SHORT-TERM
RENTAL TRANSACTIONS FACILITATED IN THE CITY WITHIN THE
PAST FIVE (5) YEARS:
(1) THE NAME OF THE PERSON WHO OFFERED THE
SHORT-TERM RENTAL;
(2) THE ADDRESS OF THE SHORT-TERM RENTAL;
(3) THE DATES FOR WHICH THE SHORT-TERM RENTAL
WAS BOOKED BY A GUEST;
(4) THE PRICE PAID BY THE GUEST FOR EACH SHORT-
TERM RENTAL TRANSACTION;
(5) THE SHORT-TERM RENTAL LICENSE NUMBER FOR
ANY PROPERTY OPERATING ON THE PLATFORM; AND
(6) ANY INFORMATION RELEVANT TO THE REMITTANCE
OF LODGING TAX DUE UNDER ARTICLE II OF CHAPTER 22 OF
THIS CODE.
Section 3. Section 11-506 of the Code, concerning short-term rental enforcement,
is hereby amended as follows:
Sec. 11-506. - Failure to register; violations, enforcement.
(a) It is unlawful to operate, provide, advertise or solicit the renting of
a short term rental, or to aid, facilitate, abet, permit or allow any of the same,
within the city without the required short-term rental business license and
type ("whole-home" or "partial-home") under this article XIV and section 26-
645 of this Code.
(b) Persons violating this section or any other provision of this article
or section 26-645 of this Code shall be subject to the enforcement
procedures and penalties provided under sections 1-5 and 1-6 of this Code.
Additionally, any person legally responsible for a short term rental, as
provided in section 11-504(b) hereof, operated in violation of this article is
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not eligible to apply for a short-term rental business license for one (1) year
following the date upon which the violation is entered by court or AHO order,
payment of administrative fine, effectiveness of plea agreement or other
settlement, or any other legal form of admission or adjudication.
(c) Persons OR HOSTING PLATFORMS violating this section or any
other provision of this article or section 26-645 of this Code shall be subject
to the administrative enforcement procedures and penalties provided under
article V of chapter 2 of this Code.
(d) The enforcement processes and penalties set forth herein are
cumulative and concurrent in nature. The city's initiation of one process
does not preclude or bar the city's pursuit of any other right, remedy or
process.
(e) The city treasurer is hereby authorized to adopt rules and
regulations, if needed, to implement the requirements of this section 11-
506.
Section 4. Section 26-123 of the Code, concerning defined terms, is hereby
amended by adding the following new definition for “dwelling, single attached” and by
amending the “short term rental host” definition, in their respective alphabetical locations,
as follows:
Sec. 26-123. - Definitions.
DWELLING, SINGLE ATTACHED. A TYPE OF MULTI-UNIT
DWELLING THAT INCLUDES THREE (3) OR MORE DWELLING UNITS
WHERE EACH UNIT IS ATTACHED TO OTHER UNITS BY PARTY
WALLS, AND WHERE HABITABLE SPACES OF DIFFERENT UNITS ARE
ARRANGED SIDE-BY-SIDE, RATHER THAN A STACKED
CONFIGURATION. THIS CAN INCLUDE, BUT IS NOT LIMITED TO,
TOWNHOMES WITH EXTERIOR ENTRANCES.
Short-term rental host. Any person OR PERSONS, as defined in this
section, WHO HAVE OWNERSHIP, POSSESSION OR CONTROL OF
THE PREMISES OR ITS OPERATION AS A SHORT-TERM RENTAL,
WHETHER AS OWNER, CO-OWNER, OCCUPANT, TENANT OR AGENT
OF ANY OF THE SAME as owner of a property, who offers or provides
lodging in a short-term rental.
Section 5. Section 26-645 of the Code, concerning short-term rentals, is hereby
amended as follows:
Sec. 26-645. - Short-term rentals.
Short-term rentals, as defined in section 26-123, are subject to the
following requirements:
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A. Licensing and permitting required. It shall be unlawful for any
person, as defined in section 26-123, to offer or provide lodging in the form
of a short-term rental within the city without having first obtained a short-
term rental business license pursuant to chapter 11, article XIV of the Code.
Only owners of the affected real property may obtain short-term rental
business licenses.
B. Permitted locations.
1. Short-term rentals are permitted as primary or accessory
uses in all residential, agricultural, commercial, and mixed-
use zone districts, including planned development districts.
2. Short-term rentals are prohibited in industrial zone districts
including planned industrial developments.
C. Maximum number per short-term rental host: A short-term rental
host, as defined in section 26-123 ("short-term rental host"), may operate a
short-term rental in up to one (1) dwelling unit not occupied by the host (a
"whole-home" rental), and in up to one (1) dwelling unit occupied by the host
(a "partial-home" rental) where a portion of the dwelling unit, such as a room
or rooms, functions as a short-term rental, so long as the host continuously
resides in the dwelling unit or on the same property in either the primary or
accessory dwelling unit through the duration of the rental. This maximum
shall apply to all types of dwelling units in all zone districts, except for the
following:
1. Apartments and mixed use developments. A short-term
rental host, as the owner of an apartment or mixed-use
development in the mixed use-neighborhood (MU-N), mixed
use-commercial (MU-C) series, and commercial-one (C-1)
zone districts, may operate a maximum of four (4) dwelling
units as short-term rentals within that development. For
apartment and mixed-use developments with greater than
forty (40) dwelling units in those zone districts, additional
short-term rentals are permitted at a rate of five (5) percent of
the total number of dwelling units, in addition to the four (4)
already permitted by this section. For the purposes of this
subsection, an apartment or mixed-use development shall
mean one (1) or more multiple contiguous properties under
one (1) ownership with one (1) or more multi-unit dwellings or
mixed use buildings, EXCLUDING SINGLE ATTACHED
DWELLING USES.
2. Condominium developments: For condominium
developments (those which have a recorded condominium
plat allowing for individually-owned dwelling units) in any zone
district, each individual dwelling unit owner is eligible, as a
short-term rental host, to operate a short-term rental as
provided by subsection C. of this section, provided that the
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maximum number of such rentals allowed by subsection C.1.
is not exceeded in the development.
3. Accessory dwelling units: A short-term rental shall be
permitted to operate within an accessory dwelling unit and
shall be considered an owner-occupied or partial-home short-
term rental.
D. Requirements.
1. THE PROPERTY OWNER OF A short-term rental owner
must obtain a short-term rental business license pursuant to
chapter 11, article XIV.
2. A short-term rental must be located within a legal dwelling
unit as defined in section 26-123.
3. The building or portion of building used as a short-term
rental shall continuously meet the standards of all applicable
international residential and building codes adopted or
amended by the City of Wheat Ridge as set forth in chapter 5
of the Code of Laws.
4. Short-term rentals are prohibited in temporary structures
and buildings or structures without a residential certificate of
occupancy, including but not limited to: recreational vehicles,
sheds, tents, and campers.
5. Short-term rentals are prohibited in deed-restricted
affordable housing, income-restricted housing, age-restricted
housing, and rent-stabilized or rent-controlled housing. A
short-term rental host shall be required to attest to compliance
with this provision as part of the registration process.
6. If the property does not meet the minimum parking
requirements in section 26-501 for the zone district in which it
is located, one (1) additional parking space per short-term
rental is required to be installed prior to approval of a short-
term rental license. A short-term rental host shall be required
to attest to compliance with the parking requirements as part
of the registration process.
7. Short-term rentals located in any residential zone district
shall be restricted to a minimum two-night stay, per individual
reservation.
E. Maximum number of short-term rentals per city council district.
1. There shall be a limit on THE total number of non-owner-
occupied short-term rentals that are licensed in each city
council district. The limit per council district shall be
established by the community development director on an
annual basis ON JANUARY 1, WITH A REPORTING
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DEADLINE OF JANUARY 31. THE LIMIT and shall be
calculated as two (2) percent of the total number of units within
single- ,and two-unit, AND SINGLE ATTACHED dwellings in
each district (single attached townhomes units shall be
included in the total number of units). This restriction shall not
apply to owner-occupied short-term rentals and shall not
apply to short-term rentals in non-residential and non-
agricultural zone districts, including mixed use districts and
commercial zone districts.
a. THIS RESTRICTION SHALL APPLY TO ANY
SINGLE-, TWO-UNIT, AND SINGLE ATTACHED
DWELLING IN ANY ZONE DISTRICT.
b. THIS RESTRICTION SHALL NOT APPLY TO
OWNER-OCCUPIED SHORT-TERM RENTALS.
c. THIS RESTRICTION SHALL NOT APPLY TO
SHORT-TERM RENTALS WITHIN APARTMENT AND
MIXED-USE DEVELOPMENTS IN MIXED USE AND
COMMERCIAL ZONE DISTRICTS WHICH ARE
SUBJECT TO THE RESTRICTIONS OF
SUBSECTION (C)(1) HEREOF.
2. If the maximum number for any district is reached, any
subsequent application shall be placed on a waiting list until
such time that the total number of short-term rentals in that
district falls under the maximum number allowed.
Section 6. Severability, Conflicting Ordinances Repealed. If any section,
subsection, or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall not
be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 7. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this
12th day of August 2024, ordered published by title and in full on the City’s website as
provided by the Home Rule Charter, and Public Hearing and consideration on final
passage set for August 26, 2024 at 6:30 p.m., as a virtual meeting and in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 8 to 0, this 26th day of August, 2024.
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SIGNED by the Mayor on this 27th day of August, 2024.
_______________________________
Bud Starker, Mayor
ATTEST:
____________________________
Margy Greer, Sr. Deputy City Clerk
Approved as to Form
_________________________
Gerald E. Dahl, City Attorney
First Publication: August 13, 2024
Second Publication: August 27, 2024
Effective Date: September 11, 2024
Jeffco Transcript and www.ci.wheatridge.co.us