Neighborhoods Wake Up To Short-Term Rental Woes — 2 Comments
This issue will need to go to Denver voters. Under TABOR, if Denver assesses a lodging tax on short term rentals, Denver voters will need to approve the tax. Denver City Council will then need to point out to Denver voters that it plans to make every Denver residence eligible to be hotel operation. Boulder is voting on this very issue in November. If the lodging tax on short term rentals is not approved, short term rentals will be banned. I do not see Denver voters approving this when it comes up and short term rentals will remain banned in Denver! Interesting background on Boulder’s city council at https://www-static.bouldercolorado.gov/docs/Short-term_Rental_Tax_8065_-_Contd_2nd_Rdg_09012015-1-201509010936.pdf.
We should report violators to Denver Neighborhood Inspections through the Denver 311 online tool. Our council members may believe this is not an issue because violators are not being reported. I have been using the following when reporting depending on the zoning code that applies:
Short term rental/Lodging Accommodation in violation of Denver zoning code. [Insert Address] [Insert airbnb listing]. Zoned as Residential. Sections 9.7.9.2 and 9.7.9.5 of 2010 Denver zoning code provide land with a Residential Primary Use Classification can only use the land for Household Living or Home Occupations. Sections 9.7.9.1 and 11.9.5 provide uses not listed are prohibited. Lodging Accommodations are not a permitted use for Residential land. That is a Commercial use. Section 11.9.4.15 permits Rooming or Boarding as a Home Occupation with limitations including filing for a permit listing the roomer or boarders names. Section 11.12.8.2 (12) provides Rooming and/or Boarding is available for permanent occupancy only. Section 13.3 defines permanent occupancy as the use of housing accommodations or rooms on a month-to-month or year-to-year basis with a fixed rent for each period of occupancy. Section 11.12.4.5 defines Lodging Accommodations as temporary lodging in guest rooms/units for less than 30 days.
Short term rental/Hotel, Motel or Bed and Breakfast in violation of Denver zoning code. [Insert Address] [Insert airbnb listing]. Zoned as Residential. Section 59-303 of former 1956 Denver zoning code provides Motels, Hotels and Bed and Breakfasts are not permitted uses for Residential land. That is a Retail use. Section 59-303 provides uses not listed are not allowed. Sections 59-303 and 59-89 permit Rooming or Boarding as a Home Occupation with limitations including filing for a permit listing the roomer or boarders names. Under Section 59-2 (248 and 249) Rooming and/or Boarding applies to permanent guests (occupancy) only. Section 59-2 (198) defines permanent occupancy as the use of housing accommodations or rooms on a month-to-month or year-to-year basis with a fixed rent for each period of occupancy.
This issue will need to go to Denver voters. Under TABOR, if Denver assesses a lodging tax on short term rentals, Denver voters will need to approve the tax. Denver City Council will then need to point out to Denver voters that it plans to make every Denver residence eligible to be hotel operation. Boulder is voting on this very issue in November. If the lodging tax on short term rentals is not approved, short term rentals will be banned. I do not see Denver voters approving this when it comes up and short term rentals will remain banned in Denver! Interesting background on Boulder’s city council at https://www-static.bouldercolorado.gov/docs/Short-term_Rental_Tax_8065_-_Contd_2nd_Rdg_09012015-1-201509010936.pdf.
We should report violators to Denver Neighborhood Inspections through the Denver 311 online tool. Our council members may believe this is not an issue because violators are not being reported. I have been using the following when reporting depending on the zoning code that applies:
Short term rental/Lodging Accommodation in violation of Denver zoning code. [Insert Address] [Insert airbnb listing]. Zoned as Residential. Sections 9.7.9.2 and 9.7.9.5 of 2010 Denver zoning code provide land with a Residential Primary Use Classification can only use the land for Household Living or Home Occupations. Sections 9.7.9.1 and 11.9.5 provide uses not listed are prohibited. Lodging Accommodations are not a permitted use for Residential land. That is a Commercial use. Section 11.9.4.15 permits Rooming or Boarding as a Home Occupation with limitations including filing for a permit listing the roomer or boarders names. Section 11.12.8.2 (12) provides Rooming and/or Boarding is available for permanent occupancy only. Section 13.3 defines permanent occupancy as the use of housing accommodations or rooms on a month-to-month or year-to-year basis with a fixed rent for each period of occupancy. Section 11.12.4.5 defines Lodging Accommodations as temporary lodging in guest rooms/units for less than 30 days.
Short term rental/Hotel, Motel or Bed and Breakfast in violation of Denver zoning code. [Insert Address] [Insert airbnb listing]. Zoned as Residential. Section 59-303 of former 1956 Denver zoning code provides Motels, Hotels and Bed and Breakfasts are not permitted uses for Residential land. That is a Retail use. Section 59-303 provides uses not listed are not allowed. Sections 59-303 and 59-89 permit Rooming or Boarding as a Home Occupation with limitations including filing for a permit listing the roomer or boarders names. Under Section 59-2 (248 and 249) Rooming and/or Boarding applies to permanent guests (occupancy) only. Section 59-2 (198) defines permanent occupancy as the use of housing accommodations or rooms on a month-to-month or year-to-year basis with a fixed rent for each period of occupancy.