HomeMy WebLinkAbout2020-01-27 (Special) Meeting Agenda Packet
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Englewood, CO 80110
AGENDA
City Council Special
Monday, January 27, 2020 ♦ 5:00 PM
Council dinner available at 4:30 p.m.
I. Call to Order
II. Invocation
III. Pledge of Allegiance
IV. Roll Call
V. Short Term Rentals
a. First Reading - Short Term Rental Ordinance
Pdf
Staff recommends that City Council Discuss the Short Term Rentals (STR). Staff:
Planning Manager Wade Burkholder and Planner II Erik Sampson
VI. Adjournment
Page 1 of 76
COUNCIL COMMUNICATION
TO: Mayor and Council
FROM: Erik Sampson, Wade Burkholder
DEPARTMENT: Community Development
DATE: January 27, 2020
SUBJECT: First Reading - Short Term Rental Ordinance
DESCRIPTION:
First Reading - Short Term Rental Ordinance
RECOMMENDATION:
Staff recommends that City Council:
1. Discuss the Short Term Rental (STR) Council Bill #47, in both the existing version as
recommended by the Planning and Zoning Commission, and the modified version limited to land
use issues as requested by the City Council; and
2. Amend Council Bill #47 as necessary, and take action on the Council Bill.
A synopsis of decision points which City Council may consider at First Reading are located in
the Alternatives section below.
PREVIOUS COUNCIL ACTION:
At the January 22st Regular Meeting, City Council tabled the First Reading discussion until
January 27th, 2020.
On January 6, 2020 City Council held a public hearing on Short Term Rentals; staff presented
the recommendation of the Planning and Zoning Commission; and Council heard from 40
speakers (30 favoring and 10 opposing short term rentals). City Council closed the public
hearing and moved the item to the January 21st City Council regular meeting for First Reading.
City Council directed staff to remove the sections of the existing CB #47, and place those
provisions in a separate ordinance to be codified within Title 5 of the E.M.C., regarding business
licensing. These two ordinances (Modified CB #47 and DRAFT CB #04) have been included
for reference.
City Council held a public hearing on Short Term Rentals on October 7, 2019 to receive public
testimony. Subsequently, City Council held a first reading on October 21, 2019. At that
meeting, City Council tabled the matter until such time as the Planning and Zoning Commission
could review enforcement provisions, consider removal of the provision permitting short term
rentals in accessory dwelling units and to remove possible conflicts with other provisions of Title
16.
Page 2 of 76
City Council held two Study Sessions to discuss Short Term Rentals. The first was held July
15, 2019 when staff presented the draft regulations and provided information on the Planning
and Zoning Commission public hearing.
regarding the information when 2019 26, staff presented held was second The August
enforcement of STRs and discussed the potential of hiring a third-party monitoring and
compliance company.
SUMMARY:
BACKGROUND AND ANALYSIS
Short Term Rentals (STRs) are dwelling units, or a portion thereof, which are rented to guests
nightly, weekly, or for a duration of less than 30 consecutive days. Over the past few years, it
has become a popular practice nationwide for individuals to rent out rooms, condos, or entire
houses for short durations to visitors and vacationers. STRs are common in areas where hotels
are expensive or other quality lodging options do not exist. In response to this increasing
popularity homeof -citimany sharing, Range STR created have Front the es throughout
ordinances as a way to better regulate the time, place, and manner of such uses and to provide
a city to impacts adverse potential and address effectively more to means nuisances
neighborhoods.
The availability and popularity of STRs in Englewood have been on the rise in recent years,
especially with the advent of home-sharing websites such as AirBnB, Turnkey, HomeAway, and
several others. Due to the increasing popularity of STRs, the use and operation of residential
dwelling units as lodging for temporary stays (especially within neighborhoods zoned for low-
intensity residential uses) can potentially create impacts not anticipated by the City’s current
zoning regulations. While the current Unified Development Code (UDC) regulates visitor
accommodation uses such as bed and breakfast establishments, hotels, and extended stay
hotels, there are no regulations which apply to STRs in residentially zoned districts.
The recommended regulations to permit STRs to operate within the City, while establishing
health and safety regulations aimed at limiting potential neighborhood impacts, are attached in
Council Bill #47. It should be noted that under the current Englewood Municipal Code, STRs
are defined as visitor accommodations and are not permitted in the following zone districts: R-1-
A, R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B, MU-R-3-C, MU-B-1, MU-B-2. The
proposed regulations would allow for STRs in all of those districts. Please note that currently,
various visitor accommodation uses are permitted within the M-1, M-2, M-O-2, MU-B-2, and I-1
zone districts. Visitor accommodation uses are uses which permit stays of less than 30 days in
duration.
Finally, it should be noted that a Short Term Rental Ordinance would provide the City with the
means to monitor and collect lodging taxes on lawfully established STR's.
PLANNING AND ZONING COMMISSION
On June 4, 2019, the Planning and Zoning Commission recommended, by a vote of 7-1, to
forward the proposed language amendments to City Council with a favorable recommendation
and the following Findings of Fact:
Page 3 of 76
• That Case No. 2017-03 was brought before the Planning & Zoning Commission at a
Public Hearing by the City of Englewood Community Development Department on June
4, 2019; and
• At the June 4, 2019 Public Hearing, the Planning & Zoning Commission voted 7–1 to
forward a favorable recommendation for adoption of the draft STR regulations to City
Council; and
• That notice of the Public Hearing was published in the Englewood Herald on May 22,
2019 and was posted on the City’s website May 22, 2019 through June 4, 2019; and
• That the participants in the September 20, 2018 STR Open House and the April 2, 2019
STR Forum were notified of the Public Hearing directly by email; and
• That the Planning and Zoning Commission held 14 study sessions on STR regulations
since May of 2017, and an STR Open House was held on September 20, 2018, from
which 21 surveys were collected and analyzed; and
• That the proposed STR regulatory text amendments establish permitting and operating
requirements for Short Term Rentals and identify the R-1-A, R-1-B, R-1-C, R-2-A, R-2-B,
MU-R-3-A, MU-R-3-B, MU-R-3-C, M-1, M-2, MU-B-1, MU-B-2 zone districts as suitable
for the operation of Short Term Rentals; and
• That the proposed STR regulatory text amendments conform to the vision, goals, and
objectives outlined in Englewood Forward: The 2016 Englewood Comprehensive Plan.
On December 3, 2019 the Planning and Zoning Commission held a public hearing to discuss
Short Term Rentals; more specifically the items City Council asked to have reviewed. By a vote
of 7-0 the Commission voted to recommend the following language amendments to the existing
Council Bill #47:
A. That the previously identified and practicing short term rentals be grandfathered, as has
been the long term practice of the City.
B. That Staff's recommendations be adopted, to include that a bed and breakfast use be
synonymous with a short term rental.
C. That Accessory Dwelling Units be permitted to be used as short term rentals.
D. That the revised short term rental text amendments include the enforcement section
agreed to by Community Development and the City Attorney's office and reviewed by the
Planning and Zoning Commission.
E. That City Council instruct Staff to send a letter of apology to everyone who received a
cease and desist Notice of Violation (NOV) letter.
The Findings of Fact from this Planning and Zoning Commission meeting are attached.
A summary of the information found in the existing Council Bill #47 is as follows:
Page 4 of 76
Allowed Zone Districts
STRs would be allowed in the following Residential, Multi-Use, and Medical zone districts:
• R-1-A, R-1-B, R-1-C: Single Unit Residential
• R-2-A, R-2-B:
Low/Mid Density Single & Multi-Dwelling
Residential
• MU-R-3-A, MU-R-3-B, MU-R-3-C:
Mixed Use Low/Medium Density
Residential/Limited Office
• M-1, M-2:
Mixed Use Medical/Office/High Density Res./
Limited Retail
STR Permit Requirements
All STR permit applicants would be required to provide the following information to the City and
meet the following requirements prior to being issued a STR Permit:
• Application and Fee;
• Proof of ownership (a signed and notarized affidavit);
• Signed and notarized acknowledgement of property compliance with all City Codes and
Ordinances, safety checklist, and an acknowledgement that the City has the right of
inspection at any reasonable time;
• Waiver of liability and indemnification of the City;
• Certificate of insurance;
• A scale floor plan of the STR, including all levels;
• A scale plan for the property showing all parking areas;
• Primary owner/manager contact information, including phone numbers and addresses
(both physical and email); and
• A valid State of Colorado Sales Tax License and City of Englewood Sales and Use Tax
License, and an Englewood Lodging License.
If an STR permit is approved, it would be valid for one year and subject to renewal on an annual
basis.
STR Operating Standards
Page 5 of 76
Once an operating permit is obtained, all STRs must adhere to specific operating requirements
set forth in the STR Ordinance. These include:
• A residence used as a STR shall be the primary residence of the legal owner;
• STR's shall not exceed two adults per bedroom and may not exceed a maximum of eight
occupants;
• STR's shall not be rented to more than one party under separate contracts;
• Anyone who operates a STR shall be required to obtain an Englewood Lodging License
and Englewood Sales and Use Tax License pursuant to Title 5, Chapter 30, of the EMC;
• All STR's will be required to comply with all life safety, noise, and property maintenance
requirements set forth in the approved Ordinance; and
• STR’s would be required to provide one parking space per bedroom. STRs lacking a
paved parking space in a driveway, garage, or carport would be limited to two on-street
parking spaces which would not be allowed to be reserved for STR guests.
Posting of Information within STRs
The owner(s)/operator(s) shall post the following information inside the STR in a conspicuous
location for any renters/lessees:
• A copy of the regulations and requirements regarding Short Term Rental Operating
Permits;
• The name, address, and telephone numbers of the primary contact person,
management company, or owner of the STR that can be reached on a twenty-four hour
basis;
• The maximum number of persons allowed to occupy the STR;
• The maximum number of vehicles allowed to park on, or in front of, the STR property;
• Information regarding trash/garbage storage and removal, recycling storage and
removal, including the days and location of pick-up. Clearly defined garbage and
recycling areas shall be provided;
• The property address, including house number, street name and city;
• A list of non-emergency numbers, including the non-emergency number of the police
department; and
• The location of all fire extinguishers and exits, including egress windows.
Page 6 of 76
Revocation of STR Permits
The proposed Ordinance will also grant the City the ability to revoke STR permits for properties
found to be non-compliant with the STR Ordinance or in violation of other EMC regulations.
STR permits may be revoked after three sustained violations of the following:
• Violation of any term or condition of the operating permit, or for any violation of any
provision set forth in this Chapter;
• Violation of any provision of the Englewood Municipal Code, City Ordinance, or state law
relating to the maintenance of the permitted property operating as an STR, or a failure to
remain in compliance with all city or state sales tax regulations;
• The existence of any condition, or performance of any act, which the City determines
constitutes a nuisance or causes a condition endangering the health, safety and welfare
of any individual(s), or damage to the STR dwelling unit identified by the operating
permit, including damage caused by fire, flood, wind, or other natural disaster.
STR permits will also be terminated upon the sale of the property or if the property is transferred
to another owner (STR permits are non-transferrable). STR permits will expire if the operator
fails to obtain a renewal of the operating permit before its annual renewal date. If a permit has
been revoked, there is a mandatory 18-month waiting period before a new STR permit
application may be submitted to the Community Development Department.
Enforcement
The City has entered into a contract with LodgingRevs to monitor and provide staff assistance
with enforcement of Short Term Rentals. Additionally, the City Attorney's Office and Community
Development staff have developed specific enforcement language and procedures related
specifically to short term rentals. The Planning and Zoning Commission has reviewed and
recommends adoption of the language as presented below. The language is as follows, should
City Council direct its inclusion:
Enforcement
1. Enforcement Officer. An Enforcement Officer shall be responsible for the enforcement of all
provisions contained in this Chapter and is hereby authorized to undertake all investigations of
violations of this Chapter, to issue notices and orders, to issue summons and complaints for
prosecution in the Englewood Municipal Court, to bring any legal action in other courts of
competent jurisdiction, and to take other measures as are necessary for the enforcement of the
provisions of this Chapter, all in Conformance with Chapter 10 of this Title. If any conflicts exist
between this section and Chapter 10 of this Title, the provisions of this section shall govern.
2. Right of Access/Inspection. Pursuant to terms of the Operating Permit, the Enforcement
Officer has the right of access and entry upon any property operating as a STR with a valid STR
operating permit, at any reasonable time, and upon reasonable suspicion, to make inquiry and
inspection to determine if health or safety violations exist upon the property and in violation of
any title of the Englewood Municipal Code.
Page 7 of 76
The Enforcement Officer shall provide notice of the inspection to the owner(s) of the STR
property. Such notice may be personally served upon the owner(s), or by posting the notice on
the STR property, by mailing the notice to the owner(s) at their last known address, via U.S.
Mail, postage prepaid, or by publication in a newspaper of general circulation. The Notice to
Inspect shall be deemed served when personally served, posted upon the property, or upon
three days from the date of mailing.
The notice of inspection shall include the date and time that the notice was served, posted, or
mailed, the date and time of the proposed inspection, a request that the owners(s) be present
for the inspection, the name and contact information of the Enforcement Officer, and a specific
statement as to each suspected violation.
3. Notice of Violation.
a. Written notice shall be provided to the owner(s) of the STR premises operating pursuant
to the STR Operating Permit, upon which exists a known or suspected violation of this
Chapter. Such notice shall be served upon the owner(s) by posting such notice on the
permitted STR property, by personally serving the notice to the owner(s), or by sending the
notice certified, return receipt requested via US Mail, postage prepaid, to the last known
address of the owner(s)
b. The notice shall be deemed received immediately if directly communicated with the
owner(s), or primary contact, through either personal notification or telephone call. Notice
shall be deemed received seventy-two (72) hours after posting the property, publication in a
newspaper of general circulation, or by certified mailing, return receipt requested, via US
Postal Service, postage prepaid.
c. All notices sent shall include the following information:
i. The common address or legal description of the property upon which the STR is
located;
ii. A specific notice that the owner(s) of the property are in violation of any provision of
the Englewood Municipal Code or this Chapter;
iii. An administrative order directing the owner(s), or primary contact, of the property to
correct the condition within five (5) days of the date of receipt of said notice, such
compliance date to be clearly stated upon the face of the notice;
iv. Notice that the administrative order may be appealed by complying with the
procedures in Title 1, Chapter 10 of the Englewood Municipal Code;
v. Notice that failure to comply with the administrative order shall result in the
immediate revocation of the STR Operating Permit;
vi. Notice that such violations may be subject to criminal prosecution, pursuant to Title
1, Chapter 4 of the Englewood Municipal Code 2000, in addition to any administrative
action or order.
Page 8 of 76
d. Compliance Inspection. Within five (5) days following receipt of the administrative
notice, the property owner or primary contact shall contact the Enforcement Officer seeking
inspection of the property and a determination that the property is in compliance with the
Code. Enforcement The the to (1) extension provide to one is Officer authorized
administrative notice of no more than five (5) days following an inspection of the property if
the Enforcement Officer believes the property owner made a good faith but unsuccessful
effort to correct the violations, and such violations may be successfully remediated if
provided an additional five (5) days.
4. Summons and Complaint; Notice to Appear; Right to Proceed; Fines and Costs.
a. If the owner or primary contact fails to schedule a time for the inspection within five (5)
business days following service of an administrative notice, the Enforcement Officer may
seek a search warrant for the inspection of the premises under the provisions of 1-2A-4 of
the Englewood Municipal Code.
b. If the Enforcement Officer has made a determination that the property is not in
compliance or the property owner has failed to request an inspection, the Enforcement
Officer is authorized to issue to the owner(s) of the STR property a Summons and
Complaint and notice to appear in the Englewood Municipal Court to answer to charges of
a violation of this Chapter.
c. Should any owner(s) of such property contest the charge, the City shall not be precluded
from addressing the violations of this Chapter, or any other Title of the Englewood
Municipal Code which are applicable to the STR, through administrative or civil action to
bring the STR property into compliance with this Chapter or the Englewood Municipal
Code, or any other applicable law or regulation.
d. Any person found guilty, or by the entering of a plea of guilty or nolo contender, to any
violation of this Chapter, or any other violation of the Englewood Municipal Code in
association with an STR, shall be subject to the provisions of the General Penalty, E.M.C.
1-4-4, and shall be ordered to bring the property and/or violation into compliance before re-
letting the property to any short term renters.
e. Any person convicted of a violation of this Chapter or applicable Titles of the Englewood
Municipal Code may be assessed a fine, court costs, and the costs associated with the
services of the Notice and/or Summons and Complaint incurred by the City in association
with the enforcement of this Chapter.
5. Revocation/Termination/Surrender of Operating Permit.
a. Surrender. Operating Permits shall be deemed surrendered upon delivery to the City of
written notice by the property owner(s), or representative, that a dwelling or property will no
longer be used as a Short Term Rental.
b. Termination. A termination of the Operating Permit occurs when the ownership of the
property has been sold, assigned, or otherwise transferred to a new owner(s), or the
current STR permit holder has failed to obtain a renewal of the operating permit on or
before its annual renewal date.
Page 9 of 76
c. Revocation. Any STR Operating Permit may be revoked for cause or suspended by the
Director of Community Development, or his/her designee, after written notice to the
owner(s) for the following violations:
i. Violation of any term or condition of the operating permit, or for any violation of any
provision set forth in this Chapter;
ii. Violation of any provision of the Englewood Municipal Code, City Ordinance, or
State law relating to the maintenance of the permitted property operating as an STR,
or a failure to remain in compliance with all City or State sales tax regulations;
iii. The existence of any condition, or performance of any act, which the City
determines constitutes nuisance or causes a condition endangering the health, safety
and welfare of any individuals(s), or damage to the STR dwelling unit identified by the
Operating Permit, including damage caused by fire, flood, wind, or other natural
disaster; and/or
iv. After a third sustained violation of this Short Term Rental code, the Englewood
Municipal been regulation, or law Federal has State applicable or Code, or
administratively verified, the Director of Community Development, or his/her designee,
shall revoke the STR operating permit for said violation.
d. Denial/Temporary Denial. The Director of Community Development, or his/her designee,
may deny or withhold the approval of a renewal of an annual Operating Permit if the
property is in violation of any applicable title or chapter of the Englewood Municipal Code.
e. Term of Revocation. The owner(s) of a STR Operating Permit that has been revoked for
a violation shall not apply for another STR Operating Permit for a period of eighteen (18)
months for any property.
6. Appeals. Any appeal of an administrative decision made by the Director of Community
Development, or his/her designee, shall be subject to the process outlined in Title 1, Chapter 10
of the Englewood Municipal Code.
Bed and Breakfast Uses - In order to address potential conflict between bed and breakfast
uses and short term rentals, the Planning and Zoning Commission has recommended that the
two uses be synonymous with one another. The two uses are nearly identical in terms of land
use, and it is recommended the same licensing provisions apply to both uses. Therefore, at
First to this reflect to amended be need Council #47 Bill existing the Reading, would
recommendation by the Planning and Zoning Commission, as well as a change to Section 16-5-
1 Table of Allowed Uses changing the zone district permissions of Bed and Breakfast to match
that of Short Term Rentals should City Council direct those changes be made.
The current definition of Bed and Breakfast states: "A specific type of visitor accommodation
use. A commercial establishment operated in an owner-occupied, one-unit dwelling unit, or
portion thereof (including an accessory building), that provides short-visitor term lodging
(generally stays of thirty (30) days or less), with or without the service of a morning meal only,
Page 10 of 76
and where the operator lives on the premises. No more than six (6) guests may be
accommodated at any one time. See definition of 'Visitor Accommodation'. "
The recommended definition of Bed and Breakfast states: "A Short Term Rental and specific
type of visitor accommodation use. The nightly or weekly rental of a residential dwelling unit, or
portion thereof (including an accessory building), ancillary to a primary living use, with or without
the service of a morning meal and where the operator lives on premises, excluding hotels and
motels for less than thirty (30) days, including but not limited to, a single family dwelling, duplex,
townhome, may guests (8) eight than be No dwelling. similar or condominium, more
accommodated at any one time. Bed and Breakfast uses must comply with the regulations
stated by EMC 16-5-6."
Furthermore, note that the current definition of Bed and Breakfast and the recommend definition
would permit said uses in an accessory building to include accessory dwelling units (ADU's).
Currently there are no business licenses for a bed and breakfast use within Englewood.
Conformance with Englewood Forward Goals and Objectives
The STR code amendment is in conformance with the goals and objectives found in Englewood
Forward: The 2016 Englewood Comprehensive Plan: Some of the specific objectives in the
Comprehensive Plan include:
Goal Live-1: Promote a balanced mix of housing opportunities serving the needs of
current and future Englewood citizens.
Objective Live-1.1: Allow for housing that meets the needs of all income groups,
including appropriate type and location of housing.
Objective Live-1.2: Allow for housing investments that improve the housing mix and serve
different life cycle stages and groups with special needs in appropriate locations, including
both smaller and larger unit sizes and a wider range of housing types, including single-
family, duplex, townhome, condominium, multi-family, and accessory dwelling units.
Goal Work-2: Build, attract, and retain a quality workforce.
Objective Work-2.2: Create and maintain workforce housing meeting the needs of both
employers and employees.
ANALYSIS:
The City's Unified Development Code (UDC) was adopted prior to the advent of short term
rentals. While the provisions of the code detailing visitor accommodation can be understood to
prohibit the existence of STRs within some zone districts within the City, there are no
regulations detailing health, safety and welfare standards for those STRs which may be
operating lawfully.
Amendments to the text of Title 16 are appropriate when "events, trends, or facts evident after
adoption of the text of this Title have changed the character or condition of the community so as
to Plan, Comprehensive the with make amendment proposed the and inconsistent the
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amendment is necessary to promote the public health, safety, or welfare of the community."
EMC 16-2-6(F)(2).
Additionally, EMC 16-2-6 provides that "whenever the public necessity, convenience, health,
safety, general welfare, or appropriate zoning practice justifies an amendment to any section of
this Title, and after the amendment has been submitted at a public hearing for consideration and
recommendation by the Commission, the Council may, after a public hearing on the proposed
text amendment, change the text of this Title."
FINANCIAL IMPLICATIONS:
If approved, the Short Term Rental process would establish a permitting/registration system
which staff recommends being set at $150 per registration annually. Additionally, the operation
of a short term rental would require the owner to obtain a State Sales Tax License, an
Englewood Sales and Use Tax License, and Englewood Lodging License and would also
require the collection and remittance of sales, use and lodging tax to the City. At this price
point, the permit/registration fee would cover the City's financial cost of the third-party
enforcement agency assisting with monitoring and enforcement activities.
Additionally, each registered STR will collect both the sales and lodging tax rates on each rental
sale transaction in the amount of 5.5% (lodging tax at 2% and sales tax at 3.5%). The
registered STR is responsible for remitting use tax in the amount of 3.5% on purchases for the
STR where the local sales tax paid is less than 3.5%.
ALTERNATIVES:
THE CITY COUNCIL ALTERNATIVES ARE: 1. Adopt existing Council Bill #47, as
recommended by the Planning and Zoning Commission. 2. Adopt modified Council Bill #47,
which is limited to those provisions of the recommended STR Ordinance associated with land
use/ AND also adopt the regulatory/licensing/permitting provisions within a second ordinance
(DRAFT Council Bill #4) to be codified in Title 5. 3. Fail to approve a version of CB #47. 4.
Amend existing Council Bill #47 (recommended by Planning and Zoning Commission) and
approve that version. 5. Table any action until a date certain. City Council may only table this
action once. ISSUES TO CONSIDER: Based upon the public hearing testimony and the
Planning and Zoning Commission recommendations, City Council has the following decisions to
consider with regard to the Short Term Rental Ordinance. Please note: this is not intended to be
the only items City Council may discuss at First Reading. 1. Permitting property owners to utilize
Accessory Dwelling Units (ADUs) for Short Term Rental operations. 2. With regard to the four
property owners operating visitor accommodations within the currently permitted zone districts,
does City Council wish to: a. Allow these properties to continue operating outside the licensing
requirements provided within the proposed update; b. Require these properties to obtain an
operational license evidencing compliance with the updated health and safety requirements, but
restricting the requirements for primary residency of the property owner to residential zoning
districts; or c. Allow these properties to operate without being the primary residence of the
property owner and without an operating license? 3. All newly established short term rentals
operating within the zone districts of M-1, M-2, M-O-2, TSA, MU-B-2 and I-1 will be required to
comply with the full requirements of the final approved ordinance. 4. Short term rentals
operating in all other zone districts must comply with all licensing and health and safety
requirements including the provision that the property must be the primary residence of the
property owner. a. Does City Council wish to provide a "grace period" longer than 30 days for
when the Ordinance becomes effective? b. If City Council decides to split the existing Council
Bill #47 into two ordinances both Ordinances should become effective on the same date. i.
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Modified Council Bill #47, which is limited to land use provisions of the regulations ii. DRAFT
Council Bill #4 related to business licensing, property registration, short term rental
inspection/operating permit, and enforcement provisions associated with those processes 5.
The Bed and Breakfast use definition is proposed to be changed to be synonymous with that of
a short term rental and will be processed and licensed in the same manner. 6. Language related
to enforcement has been recommended by Planning and Zoning. Does City Council endorse
this process? 7. The Planning and Zoning Commission recommended an apology letter be sent
to STR operators who received a cease and desist letter. Direction is needed from Council
regarding this recommendation.
ATTACHMENTS:
1. Existing Council Bill #47, as approved and recommended by the Planning and Zoning
Commission
2. Modified Council Bill #47 (Requested by City Council). Limited to land use provisions
3. DRAFT Council Bill #4 (Requested by City Council). Amends Title 5, Business Licencing
and incorporates those provisions of the existing Council Bill #47 related to business licensing,
property registration, short term rental inspection/operating permit, and enforcement provisions.
4. Planning and Zoning Commission Findings of Fact
5. Planning and Zoning Commission Public Hearing Staff Report
6. Draft Affidavit and Checklist
7. Colorado STR Community Comparison
Page 13 of 76
1
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 47
SERIES OF 2019 INTRODUCED BY COUNCIL
MEMBER _______________
AN ORDINANCE AMENDING TITLE 16, CHAPTER 5, SECTION 6 OF
THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING
ESTABLISHMENT OF A SHORT TERM RENTAL CODE, ALL WITHIN
THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City of Englewood (“Englewood” or “City”) is a homerule municipality
organized under Article XX of the Colorado Constitution and with the authority of the Englewood
Home Rule Charter;
WHEREAS, Title 16 of the Englewood Municipal Code, Unified Development Code, sets
forth the City’s zoning regulations and permitting requirements for the use of real property within
Englewood;
WHEREAS, the City Council desires to adopt a permit application process and fee for short-
term rental properties to protect the health, safety and welfare of all properties and persons residing
within the City; and
WHEREAS, the Englewood City Council finds and declares that the amendments to the
Englewood Municipal Code regarding short-term rentals as set forth herein are proper in light of
the reasonable needs and desires of the City and in the promotion of the public health, safety, and
welfare of the City’s residents and visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Title 16, Chapter 5, Section 6.
16-5-6: Short Term Rentals.
A.This Section shall be known and may be cited as the "Short Term Rental Code of the City
of Englewood.” A Short Term Rental (STR) is an owner occupied residential dwelling unit
that provides nightly or weekly rental of all or some portion of such dwelling unit, all in
accordance with this Short Term Rental Code, and all other applicable laws and regulations.
(See definitional section below).
B.Zoning Districts. STR’s are allowed in the following zone districts: R-1-A, R-1-B, R-1-C,
R-2-A, R-2-B, M-1, M-2, MU-R-3-A, MU-R-3-B, MU-R-3C, MU-B-1 and MU-B-2.
C.Short Term Rental Application Procedures. All persons desiring to operate a STR shall
complete the following application procedures.
(THIS COUNCIL BILL WAS TABLED FROM OCTOBER 21, 2019)
Existing Council Bill No. 47 as recommended by the
Planning and Zoning Commission
Page 14 of 76
2
1. Application Submittal Requirements. A completed application, including all
appropriate documentation, must be submitted to the City of Englewood Community
Development Department by the applicant. The application shall include the following
documents:
a. A completed Short Term Rental Registration form as provided by the
Community Development Department.
i. Application and Fee;
ii. Proof of Ownership of the subject property by way of a signed and
notarized “Proof of Residency and Ownership affidavit”;
iii. Signed and notarized acknowledgement of property compliance
with all City codes and ordinances, safety checklist,
acknowledgement that the City has the right of inspection at any
time and at any reasonable time;
iv. Waiver of liability and indemnification of the City;
v. Certificate of Insurance;
vi. A scale floorplan of the STR, including all levels;
vii. A scale plan for the property showing all parking areas;
viii. Primary owner/manager contact information, including phone
numbers, addresses, and email addresses;
ix. A valid City of Englewood Lodging Sales Tax Certificate within 30
days from the approval of the application;
x. A valid State of Colorado Sales Tax License;
xi. A copy of the required Posting Notice as required in Section E of
this Chapter;
xii. All other documentation referred to within this Chapter.
2. City Review. Community Development Department staff will review the
completed application and associated documentation as required by this Chapter
within 30 days of receipt. Following the review and determination that the
application is complete in all respects, the application and associated
documentation shall be referred to all applicable City departments for review
regarding conformance with all health and life safety regulations adopted by the
City of Englewood. Within 60 days following the filing of the application, and at
the conclusion of the City review, the applicant will be provided with a written
determination regarding the STR operating permit.
D. Standards for Short Term Rentals. All STR’s shall be subject to the following conditions:
Page 15 of 76
3
1. STR Operating Permits. All STR’s must have a valid and current Operating Permit.
a. Operating Permits shall be issued by the Community Development
Department in accordance with this Chapter.
b. The Operating Permit shall be signed by the owner(s) of the real property
used as an STR, and be conspicuously posted within the STR.
c. An Operating Permit shall be effective for twelve months, and shall go into
effect upon the date of issuance, unless surrendered, suspended or revoked
for cause.
d. Operating Permits are not transferrable between owners or properties.
2. STR Operating Requirements.
a. The STR shall be the legal responsibility of the legal owner(s) as set forth
on the Application and Permit.
b. A residence used as an STR shall be the primary residence of the legal
owner(s).
c. For parcels containing ADU’s the primary resident may obtain a STR
permit for the main residence OR the ADU; both structures may not be
permitted concurrently.
d. An STR shall not exceed two (2) adults per bedroom.
e. The maximum occupancy of an STR shall be eight (8) persons.
f. No STR shall be located in any recreational vehicle, travel trailer, or
temporary structure.
g. No STR shall be rented to more than one party under separate contracts.
h. During any rental period, the STR shall not be used for any other purpose
(e.g. home-based business, temporary event, etc.) by the renter or owner
other than for lodging purposes.
i. An apartment complex comprised of rental units may not be utilized as an
STR.
3. Regulatory Compliance. All STR’s shall meet the standards of all building,
electrical, plumbing and fire codes adopted or amended by the City of Englewood.
4. Fees. Fees associated with the issuance of the Operating Permit and any other
requirements of this Chapter, shall be established by action of the Englewood City
Council, and set forth within the City’s Fee and Rate Schedule.
Page 16 of 76
4
5. Lodging License. Any person who owns and operates an STR shall obtain a City
of Englewood STR Lodging License, pursuant to Title 5, Chapter 30, as amended,
of the Englewood Municipal Code 2000.
6. Taxes. Owners and operators of STR’s shall be subject to, and responsible for, all
sales and lodging taxes as set forth under Title 4-4-4-1, Lodging Services of the
Englewood Municipal Code. The requirements of EMC 4-4-4-1 are hereby deemed
to incorporate and be applicable to all STR’s. Failure to collect and remit all
applicable sales and lodging taxes at the City, State or Federal level is grounds for
revocation of the Operating Permit.
7. Primary Local Contact. Each STR owner or operator shall designate a primary
contact person. Such person shall be available on a twenty-four (24) hour basis,
seven days per week, and be able to respond to any concerns from renters or City
enforcement personnel.
The Primary Contact may be the property owner(s) or another person employed by,
authorized by, or engaged by the owner(s) to manage, rent or supervised the STR.
The Primary Contact shall be able to respond to any concerns that may arise during
any rental period of the STR, including the ability to access the STR in a timely
manner.
Contact information for the Primary Contact shall be provided as part of the
application and permit approval process. If the Primary Contact is not the owner(s),
the Primary Contact shall be a named individual and the following information shall
be provided: cell and/or home phone number, mailing address, email address, and
business address and business phone, if applicable. Any change(s) to the Primary
Contact information shall be provided, in writing, to the Community Development
Department, within ten (10) days of such change(s).
8. Life Safety. All STR’s shall contain the following: a minimum of one operable fire
extinguisher per floor, operable carbon monoxide detectors in all rooms used for
sleeping purposes, and operable smoke detectors on each floor of the STR. An STR
with living or sleeping areas within a basement area shall be equipped with egress
windows and other exit systems.
9. Noise. No person shall make, cause, permit or suffer any unreasonable noise from
any STR that is audible beyond the property lines of the STR or in excess of the
sound pressure limits set forth in 6-2-8 of this Code.
10. Property Maintenance. The STR property shall be properly maintained and free of
loose, uncollected trash, garbage, and litter. The owner(s) or management
company shall comply with all property codes of the City of Englewood.
11. Parking. All STR’s shall provide one parking space per bedroom. STR’s lacking
a paved parking space in a driveway, garage, or carport shall be limited to two (2)
on-street parking spaces located in front of the STR. These on-street locations shall
Page 17 of 76
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remain public and may not be reserved by the use of any signage. Any
advertisements or listing of the STR shall provide the number of parking spaces
available for use by the renter.
12. Signs. A permitted STR dwelling is permitted one (1) exterior sign, up to a
maximum of one (1) square foot in area. The sign shall not be illuminated nor
contain any animation.
13. Owner(s) Responsibility for Compliance. Compliance with the terms and
conditions set forth in this Chapter shall be the responsibility of the legal owner(s)
of the STR, as set forth on the application and Proof of Residency and Ownership
Affidavit, and are non-delegable. Any violations of any term or condition of this
Chapter are strictly the responsibility of the owner(s), and any summons and
complaint served for any violation shall be served upon the owner(s) of the STR.
14. Limitation of Liability. The City of Englewood assumes no responsibility for the
operation of the permitted STR property. The owner(s) shall sign a waiver and
release of liability, acknowledging and agreeing to indemnify and hold harmless
the City of Englewood from any and all negligent acts which may occur from the
renting or operation of the STR. Such indemnification shall include defending the
City from any claims arising from the use of the property as an STR. The Owner(s)
shall further warrant and agree to compensate the City of Englewood for any
expenses incurred in any defense of any lawsuit or other action associated with the
renting or operation of the STR, and which is brought against the City.
15. Operating Permit Renewal. All STR permits shall be renewed through the
Community Development Department on an annual basis. All renewals shall
include an updated compliance and safety check report, and any updates to the
information required under 16-5-6(C) (1) (A) (i-xii) along with the payment of all
renewal and permit fees.
E. Posting of Information. The owner(s)/operator(s) shall post the following information
inside the STR in a conspicuous location for any renters/lessees:
1. A copy of the regulations and requirements regarding Short Term Rental Operating
Permits;
2. The name, address, and telephone numbers of the primary contact person,
management company, or owner of the STR that can be reached on a twenty-four
hour basis;
3. The maximum number of persons allowed to occupy the STR;
4. The maximum number of vehicles allowed to park on, or in front of, the STR
property;
Page 18 of 76
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5. Information regarding trash/garbage storage and removal, recycling storage and
removal, including the days and location of pick-up. Clearly defined garbage and
recycling areas shall be provided;
6. The property address, including house number, street name and city;
7. A list of non-emergency numbers, including the non-emergency number of the
police department;
8. The location of all fire extinguishers and exits, including egress windows.
F. Revocation/Termination/Surrender of Operating Permit.
1. Surrender. Operating Permits shall be deemed surrendered upon delivery to the
City of written notice by the property owner(s), or representative, that a dwelling
or property will no longer be used as Short Term Rental.
2. Termination. A termination of the Operating Permit occurs when the ownership of
the property has been sold, assigned, or otherwise transferred to a new owner(s), or
the current STR permit holder has failed to obtain a renewal of the operating permit
on or before its annual renewal date.
3. Revocation. Any STR Operating Permit may be revoked for cause or suspended
by the Director of Community Development, or his/her designee, after written
notice to the owner(s) for the following violations:
a. Violation of any term or condition of the operating permit, or for any
violation of any provision set forth in this Chapter.
b. Violation of any provision of the Englewood Municipal Code, City
Ordinance, or State law relating to the maintenance of the permitted
property operating as an STR, or a failure to remain in compliance with all
City or State sales tax regulations.
c. The existence of any condition, or performance of any act, which the City
determines constitutes nuisance or causes a condition endangering the
health, safety and welfare of any individual(s), or damage to the STR
dwelling unit identified by the operating permit, including damage caused
by fire, flood, wind, or other natural disaster.
d. After a third sustained violation of this Short Term Rental code, the
Englewood Municipal Code, or applicable State or Federal law or
regulation, has been administratively verified, the Director of Community
Development, or his/her designee, shall revoke the STR operating permit
for said violation.
4. The Director of Community Development, or his/her designee, may deny or
withhold the approval of a renewal of an annual operating permit if the property is
in violation of any applicable title or chapter of the Englewood Municipal Code.
Page 19 of 76
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5. The owner(s) of an STR operating permit that has been revoked for a violation shall
not apply for another STR operating permit for a period of eighteen (18) months
for any property.
G. Enforcement and Appeals.
1. Enforcement: Enforcement of this Code shall be in accordance with Chapter 10 of
the Unified Development Code of the City of Englewood, 1) by or at the direction
of the Department of Code Enforcement upon information provided by any City
department or 2) through the Community Development Department. Additionally,
the City Council may contract with an outside entity to provide enforcement of
some or all provisions of this Code. Any conflicts between this Short Term Rental
Code and Chapter 10 of the Unified Development Code shall be resolved in
accordance with this Short Term Rental Code.
2. Appeals. Any appeal of an administrative decision made by the Director of
Community Development, or his/her designee, shall be subject to the process
outlined in Title 1, Chapter 10 of the Englewood Municipal Code.
H. Definitions. The following definitions are applicable to this section:
Applicant: The owner(s) of the real property for which a short term rental permit is sought. If
a property has multiple owners, including joint ownership by spouses, all persons with an
ownership interest must sign the application permit.
ADU: An Accessory Dwelling Unit.
Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise
permitted by law, to be used, developed, or built upon as a unit. If two, or more lots designated
by plat, are combined to be built upon as a unit, the combined lots shall be understood to be a
single lot for purposes of this Short Term Rental Code.
Owner: The person(s) or entity listed on the title to the property as found on an Arapahoe
County Deed of Record. Such persons are also the persons who sign the “Proof of Residency”
affidavit.
Permittee: The owner of the dwelling unit that has a valid STR operating permit.
Primary Residence: Means a residence which is the usual place of return for housing as
documented by at least two of the following documents: motor vehicle registration, Colorado
driver’s licensed or Colorado identification card, voter registration, property tax notices, or
utility bill. A person can only have one primary residence.
Renter or Lessee: The party contracting to rent the STR for a term less than thirty (30) days.
Short Term Rental (STR): The nightly or weekly rental of a residential dwelling unit, or portion
thereof, ancillary to a primary living use, excluding hotels, motels, bed and breakfasts, for less
than thirty (30) days, including but not limited to, a single family dwelling, duplex, townhome,
Page 20 of 76
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condominium, or similar dwelling. The term Short Term Rental also includes and applies to
“vacation rentals”.
Section 2. Amendment of Title 16, Chapter 5, Section 1(C). Title 16, Chapter 5, Section
1(C) of the Englewood Municipal Code shall be amended as follows:
§16-5-1: - Table of Allowed Uses.
C. Table of Allowed Uses.
TABLE 16-5-1.1: TABLE OF ALLOWED USES
P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE
L= LIMITED USE
C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED
WITH LIMITED USE PROCEDURE
Use Category Use Type
Residential Non-Residential
Addition
al
Regulati
ons
R
1
A
R
1
B
R
1
C
R
2
A
R
2
B
MU
R
3
A
MU
R
3
B
MU
R
3
C
M
1
M
2
—
M
O
2
M
U
B
1
M
U
B
2
T
S
A
I
1
I
2
RESIDENTIAL USES
Group Living
Group living
facility,
large/special
C C C C C P P 16-5-
2.A.1
Group living
facility, small P P P P P P P P P P P P P 16-5-
2.A.1
Small treatment
center C C C C C P P 16-5-
2.A.1
Household Living
Live/work
dwelling P P P P L L 16-5-
2.A.2
Manufactured
home park P 16-5-
2.A.3
Multi-unit
dwelling P P P P P P P P P P 16-5-
2.A.4
Page 21 of 76
9
16-6-
1.C.4
One-unit
dwelling P P P P P P P P P P
16-5-
2.A.5
16-5-
2.A.6
One-unit
dwelling on a
small lot
P P P P P P P P P P 16-5-
2.A.6
Boarding or
rooming house C C C C C C C 16-5-
2.A.7
PUBLIC/INSTITUTIONAL USES
Animal Shelter Not-for-profit
animal shelter P P
Emergency
Temporary Shelter
Housing
shelter, food
shelter
C C
Government and
City
All other
buildings and
facilities not
specified under
the
public/institution
al uses
category
P P P P P P P P P P P P P P P
Library Public P P P P P
Museum/Cultural All uses P P P P P P P
Park and Open
Space
Athletic field C C C C C C C C C P P
Community
garden C C C C C C C C C C C
Park P P P P P P P P P P P P P P P
Page 22 of 76
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Religious Assembly
Religious
institutions and
associated
accessory uses
P P P P P P P P P P L L L L L
School Education
institution P P P P P P P P P P P P C
Telecommunication
Facility
(See Chapter 16-7,
"Telecommunication
s," for applicable
use-related
guidelines and
standards)
Alternative
tower structure P P P P P P P P P P P P P P P
Antenna(micro
wave antenna,
sectorized
panel antenna,
whip antenna)
P P P P P P P P P P P P P P P
Tower structure C C C C C C C C C C C C C P P
Transportation
Facility
RTD
maintenance
facility
P P
Transit center P
Utility Facility(not
including
Telecommunication
Facility)
Major utility
facility P P 16-5-
2.B.1
Minor utility
facility (as a
principal use of
land)
C C C C C C C C C C C C C C C
COMMERCIAL USES
Adult Use
All types as
defined in
Chapter 16-11
P P 16-5-
2.C.1
Agricultural Use
Greenhouse/
nursery, raising
of plants,
flowers, or
nursery stock
P P 16-5-
2.C.2
Page 23 of 76
11
Animal Sales and
Service
Animal shelter P P
Kennel/day
care L P P
Pet store (live
animal sale) P P P P P P
Small animal
veterinary
hospital or clinic
L L P C P P
Assembly
Assembly hall
or auditorium,
hall rental for
meetings or
social
occasions
P P P C P P
Membership
organization
(excluding adult
use)
P P P C P P
Dependent Care
Dependent care
center (less
than 24-hour
care,any age)
C C C C C P P P P P P P C 16-5-
2.C.7
Entertainment/Amus
ement:
Indoor
Amusement
establishment C C C C C C
Hookah lounge P P P P P
Physical fitness
center/spa P P P P P P
Theater and
performance/co
ncert venue,
not including
adult
entertainment
P P P P P
Page 24 of 76
12
Entertainment/
Amusement:
Outdoor
General
outdoor
recreation
C C C
Financial Institution
Check cashing
facility P P P P
Financial
institution, with
drive-through
service
L P P
Financial
institution,
without drive-
through service
P P P P P P
Food and Beverage
Service
Brew Pub P P P P P P
Caterer P P P P
Restaurant,
bar, tavern with
or without
outdoor
operations
P P P P P P
Restaurant,
with drive-
through service
L P P
Sales Room
(associated
with Brewery,
Distillery or
Winery)
C C C C C
Take out and
delivery only P P P
Medical/Scientific
Service
Clinic P P P P P P P P P
Hospital P P P P P P
Page 25 of 76
13
Laboratory
(dental, medical
or optical)
P P P P P P P P P P
Medical Marijuana
Medical
marijuana
center
P P P P P
16-5-
2.C.13
16-5-
4.C.1.f
Medical
marijuana
optional
premises
cultivation
operation
A A A P P
16-5-
2.C.13
16-5-
4.C.1.f
Medical
marijuana
infused
products
manufacturer
A A A P P
16-5-
2.C.13
16-5-
4.C.1.f
Office
Office, type 1
(general) P P P P P P P P P
Office, type 2
(limited) P P P P P P P P P P 16-5-
2.C.8
Retail Sales and
Service
(Personal Service)
Crematorium C
Dry cleaner,
drop-off site
only
P P P P P P
Instructional
service P P P P P
Massage
therapy P P P P P P P P
Mortuary P P
Personal care P P P P P P
Page 26 of 76
14
Service:
photography
studio and
photo lab,
upholstery,
printer,
locksmith, tailor
P P P P P P
Tattoo and
body-piercing
establishment
P P
Temporary
employment
business
C C 16-5-
2.C.11
Retail Sales and
Service
(Repair and Rental)
Equipment
rental L P P
Repair shop
(not including
auto)
P P P P P P
Retail Sales and
Service (Sales)
Antique store P P P P P P
Art gallery P P P P P P
Auction house P P P
Buy-back,
second-hand,
thrift,
consignment
stores, large
P P P P
Buy-back,
second-hand,
thrift,
consignment
stores, small
P P P P P
Convenience
store P P P P P
Page 27 of 76
15
Grocery/special
ty food store P P P P P P
Internet sales
location P P P P
Liquor store P P P P P P
Pawnbroker P P 16-5-
2.C.10
Retail sales,
general
merchandise
P P P P/
C P P
For TSA,
P if ≤
20,000
sq. ft.,
C if >
20,000
sq. ft.
of gross
leasable
floor area
School Trade or
business school P P P C P P 16-5-
2.C.12
Studio
Radio/television
broadcasting
studio,
recording/film
studio
P P P P
Vehicle and
Equipment
Automobile
pawnbroker P P P 16-5-
2.C.10
Automotive
sales, rental L P P 16-5-
2.C.3
Automotive
service and
repair, including
body or fender
work
P P 16-5-
2.C.4
Automotive
service and
repair, not
L P P 16-5-
2.C.4
Page 28 of 76
16
including body
or fender work
Automotive
service station
(gasoline
facility)
L P P 16-5-
2.C.5
Car wash, auto
detailing L L L
16-5-
2.C.6
16-5-
2.C.4
Commercial
storage of
operable
vehicles
P P 16-5-
2.C.3
Fuel dispensing L P P
Parking facility,
structure
(operable
vehicles),
principal use
C C C C L L C P P
16-5-
2.C.3
16-5-
2.C.9
Parking area,
surface
(operable
vehicles),
principal use
C C C C L L C P P
16-5-
2.C.9
16-5-
2.C.3
Recreational
vehicles and
boats, sales or
rental
L P P
Visitor
Accommodation
Bed and
breakfast P P P
Hotel P P P P P
Hotel, extended
stay P P P
Page 29 of 76
17
Short Term
Rental P P P P P P P P P P P P 16-5-6
Wholesale Sales and
distribution P P
MANUFACTURING/INDUSTRIAL USES
Industrial Service
Industrial
service, light C P P
16-5-
2.D.3
(TSA
only)
Industrial
service, heavy P
Manufacturing,
Including
Processing,
Fabrication,
or Assembly
Brewery C C C P P 16-5-
2.C.14
Distillery C C C P P 16-5-
2.C.14
Winery C C C P P 16-5-
2.C.14
Manufacturing,
light C P P
16-5-
2.D.4
(TSA
only)
Manufacturing,
heavy P
Warehouse/Storage
Fuel storage
(principal use) L
Mini-storage
facility P P
Moving and
storage P P
Outdoor
storage P P 16-6-7.G
Page 30 of 76
18
Storage yard
for vehicles,
equipment,
material, and/or
supplies
P P 16-5-
2.D.6
Warehousing
and/or storage P P
Waste/Salvage
Automobile
wrecking/
salvage yard
C P 16-5-
2.D.1
Commercial
incinerator C
Hazardous
waste handling C C 16-5-
2.D.2
Recycling
operation, all
processing
occurs within
enclosed
structure
P P 16-5-
2.D.5
Recycling
operation,
some or all
processing
occurs outside
an enclosed
structure
C C 16-5-
2.D.5
Sanitary service C
Waste transfer
station (not
including
hazardous
waste)
C C
ACCESSORY USES - See Section 16-5-4 for additional regulations
Page 31 of 76
19
Household Living
(Accessory to
Principal One-Unit
Detached Dwelling
Uses Only)
Accessory
Dwelling Unit A A A A A*
Home Care
Accessory Uses
(Accessory to
Principal One-Unit
Dwelling Uses Only)
Adult
dependent care
C
-
A
A A A A A A A A A
Family child
care home
C
-
A
A A A A A A A A A
Infant/toddler
home
C
-
A
A A A A A A A A A
Large child care
home
L
-
A
L
-
A
L
-
A
L
-
A
Other Accessory
Uses
Caretaker's
quarter A A A A A A
Dormitory A A A
Home
occupation A A A A A A A A A A 16-5-
4.C.1
Minor utility
facility (as
accessory use
of land)
L
-
A
L
-
A
L
-
A
L
-
A
L
-
A
L-A L-A L-A
L
-
A
L-
A
L
-
A
L
-
A
L-
A
L
-
A
L
-
A
16-5-
2.B.1
Parking area
(surface) A A A A A A A A A A A 16-5-
4.C.2
Parking garage
(structure) A A A
Satellite dish
antenna A A A A A A A A A A A A A A A 16-5-
4.C.3
Page 32 of 76
20
Service units or
facility A A A A A 16-5-
4.C.4
Swimming pool A A A A A A A A A A A A A A A 16-5-
4.C.5
Wholesale
sales and
distribution
A A A A 16-5-
4.C.6
TEMPORARY USES - See Section 16-5-5 for additional regulations
Car wash T T T T T T T T T T T T T T T
Expansion or
replacement of
existing
facilities
T T T T T T T T T T T T T T
Farmers market T T T T T T
Food vendor
carts T T T T T T T
Mobile storage
(with or without
building permit)
T T T T T T T T T T T T T T T
Real estate
sales or leasing
office (also
model homes)
T T T T T T T T T T T T T T T
Outdoor sales
(e.g., tent sales,
parking lot
sales, seasonal
sales,
windshield
repair, sales
from retail
vendor carts,
etc.)
T T T T T T
Page 33 of 76
21
Special event
(e.g., carnival,
bazaar, fair)
T T T T T T T T T T T T T T T
Tents, canopies T T T T T T T T T T T T T T T
USES NOT
MENTIONED See 16-5-1.B for procedures and criteria for approving unlisted
uses, including unlisted accessory and temporary uses.
Section 3. Notice of general provisions and findings applicable to interpretation and
application of this Ordinance:
Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2,
Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth
above, including, but not limited to, the provisions regarding severability, inconsistent ordinances
or code provisions, effect of repeal or modification, and legislation not affected by repeal.
Enforcement. E.M.C. §16-10-2 provides that any violation of Title 16 shall be subject to the
penalties provided for within E.M.C. Title 1, Chapter 4, “General Penalty” provision(s). E.M.C.
§1-4, subsections 1-7, mandate that except as otherwise provided within specific Titles, Chapters,
or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of
any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six
hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred
sixty (360) days or by both such fine and imprisonment.
Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is
promulgated under the general police power of the City of Englewood, 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
City Council further determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Introduced, read in full, and passed on first reading on the 21st day of October, 2019.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 24th day of
October, 2019.
Published as a Bill for an Ordinance on the City’s official website beginning on the 23rd day of
October, 2019 for thirty (30) days.
Page 34 of 76
22
Linda Olsen, Mayor
ATTEST:
_________________________________
Stephanie Carlile, City Clerk
I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and
passed on first reading on the 21st day of October, 2019.
Stephanie Carlile
Page 35 of 76
1
Modified Council Bill No. 47
Land Use Provisions Only
(THIS COUNCIL BILL WAS TABLED FROM OCTOBER 21, 2019)
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 47
SERIES OF 2019/2020 INTRODUCED BY COUNCIL
MEMBER _______________
A BILL FOR
AN ORDINANCE AMENDING TITLE 16, CHAPTER 5, SECTION 6 OF
THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING
ESTABLISHMENT OF A SHORT TERM RENTAL CODE, ALL WITHIN
THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City of Englewood (“Englewood” or “City”) is a homerule municipality
organized under Article XX of the Colorado Constitution and with the authority of the Englewood
Home Rule Charter;
WHEREAS, Title 16 of the Englewood Municipal Code, Unified Development Code, sets
forth the City’s zoning regulations and permitting requirements for the use of real property within
Englewood;
WHEREAS, the City Council desires to adopt a permit application process and fee for short-
term rental properties to protect the health, safety and welfare of all properties and persons residing
within the City; and
WHEREAS, the Englewood City Council finds and declares that the amendments to the
Englewood Municipal Code regarding short-term rentals as set forth herein are proper in light of
the reasonable needs and desires of the City and in the promotion of the public health, safety, and
welfare of the City’s residents and visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Title 16, Chapter 5, Section 6).
16-5-6: Short Term Rentals.
A. A Short Term Rental (STR) is an owner occupied residential dwelling unit that provides
nightly or weekly rental of all or some portion of such dwelling unit, all in accordance
with all applicable laws and regulations. (See definitional section below).
Page 36 of 76
2
B. Zoning Districts. STR’s are allowed in the following zone districts: R-1-A, R-1-B, R-1-
C, R-2-A, R-2-B, M-1, M-2, MU-R-3-A, MU-R-3-B, MU-R-3C, MU-B-1 and MU-B-2.
C. Licensing and Permitting Required. It shall be unlawful for any person or entity to offer
or provide lodging in the form of a short term rental within a residential property
located within the City of Englewood in any area not zoned to allow for such use, and
without having first obtained a City of Englewood Business License, Rental Registration
and Operating Permit, pursuant to Title 5, Chapter 31 of the Englewood Municipal Code
2000, as amended. Where the provisions of Chapter 30 of Title 5 and the Operating
Permit, as set forth below, are in conflict, the provisions of the Operating Permit shall
apply.
D. Enforcement. Enforcement of the provisions of this Section shall be in conformance with
Chapter 10 of this Unified Development Code.
E. Definitions. The following definitions are applicable to this section:
Applicant: The owner(s) of the real property for which a short term rental permit is
sought. If a property has multiple owners, including joint ownership by spouses, all
persons with an ownership interest must sign the application permit.
ADU: An Accessory Dwelling Unit.
Enforcement Officer: The provisions of this Chapter shall be administered and enforced
by the City Manager of the City of Englewood, or his designee. The enforcement
officer, who may be a zoning enforcement officer, will have all legal powers necessary
to enforce this Chapter. Summons and complaints issued by the Enforcement Officer
may be served by the Enforcement Officer, a Code Enforcement Officer, or a Law
Enforcement Officer.
Long Term Lease: The lease or rental of a property for longer than thirty days.
Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as
otherwise permitted by law, to be used, developed, or built upon as a unit. If two, or
more lots designated by plat, are combined to be built upon as a unit, the combined lots
shall be understood to be a single lot for purposes of this Short Term Rental Code.
Owner: The person(s) or entity listed on the title to the property as found on an Arapahoe
County Deed of Record. Such persons are also the persons who sign the “Proof of
Residency” affidavit.
Owner Occupied. Means the property owner’s primary residence. A person can only
have one primary residence.
Permittee: The owner of the dwelling unit that has a valid STR operating permit.
Primary Residence: Means a residence which is the usual place of return for housing as
documented by at least two of the following documents: motor vehicle registration,
Colorado driver’s licensed or Colorado identification card, voter registration, property
tax notices, or utility bill. A person can only have one primary residence.
Page 37 of 76
3
Renter or Lessee: The party contracting to rent the STR for a term less than thirty (30)
days.
Short Term Rental (STR): The nightly or weekly rental of a residential dwelling unit, or
portion thereof, ancillary to a primary living use, excluding hotels, motels, for less than
thirty (30) days, including but not limited to, a single family dwelling, duplex, townhome,
condominium, or similar dwelling. The term Short Term Rental also includes and applies
to “vacation rentals”.
Bed and Breakfast: A Short Term Rental. The nightly or weekly rental of a residential
dwelling unit, or portion thereof, ancillary to a primary living use, with or without the
service of a morning meal and where the operator lives on the premises, excluding hotels,
motels, for less than thirty (30) days, including but not limited to, a single family
dwelling, duplex, townhome, condominium, or similar dwelling. No more than eight (8)
guest may be accommodated at any one time. Bed and Breakfast uses must comply with
the regulations stated by EMC 16-5-6.
Section 2. Amendment of Title 16, Chapter 5, Section 1(C). Title 16, Chapter 5, Section
1(C) of the Englewood Municipal Code shall be amended as follows:
§16-5-1: - Table of Allowed Uses.
C. Table of Allowed Uses.
TABLE 16-5-1.1: TABLE OF ALLOWED USES
P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE
L= LIMITED USE
C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED
WITH LIMITED USE PROCEDURE
Use Category Use Type
Residential Non-Residential
Addition
al
Regulati
ons
R
1
A
R
1
B
R
1
C
R
2
A
R
2
B
MU
R
3
A
MU
R
3
B
MU
R
3
C
M
1
M
2
—
M
O
2
M
U
B
1
M
U
B
2
T
S
A
I
1
I
2
RESIDENTIAL USES
Group Living
Group living
facility,
large/special
C C C C C P P 16-5-
2.A.1
Page 38 of 76
4
Group living
facility, small P P P P P P P P P P P P P 16-5-
2.A.1
Small treatment
center C C C C C P P 16-5-
2.A.1
Household Living
Live/work
dwelling P P P P L L 16-5-
2.A.2
Manufactured
home park P 16-5-
2.A.3
Multi-unit
dwelling P P P P P P P P P P
16-5-
2.A.4
16-6-
1.C.4
One-unit
dwelling P P P P P P P P P P
16-5-
2.A.5
16-5-
2.A.6
One-unit
dwelling on a
small lot
P P P P P P P P P P 16-5-
2.A.6
Boarding or
rooming house C C C C C C C 16-5-
2.A.7
PUBLIC/INSTITUTIONAL USES
Animal Shelter Not-for-profit
animal shelter P P
Emergency
Temporary Shelter
Housing
shelter, food
shelter
C C
Government and
City
All other
buildings and
facilities not
specified under
the
public/institution
P P P P P P P P P P P P P P P
Page 39 of 76
5
al uses
category
Library Public P P P P P
Museum/Cultural All uses P P P P P P P
Park and Open
Space
Athletic field C C C C C C C C C P P
Community
garden C C C C C C C C C C C
Park P P P P P P P P P P P P P P P
Religious Assembly
Religious
institutions and
associated
accessory uses
P P P P P P P P P P L L L L L
School Education
institution P P P P P P P P P P P P C
Telecommunication
Facility
(See Chapter 16-7,
"Telecommunication
s," for applicable
use-related
guidelines and
standards)
Alternative
tower structure P P P P P P P P P P P P P P P
Antenna(micro
wave antenna,
sectorized
panel antenna,
whip antenna)
P P P P P P P P P P P P P P P
Tower structure C C C C C C C C C C C C C P P
Transportation
Facility
RTD
maintenance
facility
P P
Transit center P
Utility Facility(not
including
Telecommunication
Facility)
Major utility
facility P P 16-5-
2.B.1
Minor utility
facility (as a
C C C C C C C C C C C C C C C
Page 40 of 76
6
principal use of
land)
COMMERCIAL USES
Adult Use
All types as
defined in
Chapter 16-11
P P 16-5-
2.C.1
Agricultural Use
Greenhouse/
nursery, raising
of plants,
flowers, or
nursery stock
P P 16-5-
2.C.2
Animal Sales and
Service
Animal shelter P P
Kennel/day
care L P P
Pet store (live
animal sale) P P P P P P
Small animal
veterinary
hospital or clinic
L L P C P P
Assembly
Assembly hall
or auditorium,
hall rental for
meetings or
social
occasions
P P P C P P
Membership
organization
(excluding adult
use)
P P P C P P
Dependent Care
Dependent care
center (less
than 24-hour
care,any age)
C C C C C P P P P P P P C 16-5-
2.C.7
Page 41 of 76
7
Entertainment/Amus
ement:
Indoor
Amusement
establishment C C C C C C
Hookah lounge P P P P P
Physical fitness
center/spa P P P P P P
Theater and
performance/co
ncert venue,
not including
adult
entertainment
P P P P P
Entertainment/
Amusement:
Outdoor
General
outdoor
recreation
C C C
Financial Institution
Check cashing
facility P P P P
Financial
institution, with
drive-through
service
L P P
Financial
institution,
without drive-
through service
P P P P P P
Food and Beverage
Service
Brew Pub P P P P P P
Caterer P P P P
Restaurant,
bar, tavern with
or without
outdoor
operations
P P P P P P
Restaurant,
with drive-
through service
L P P
Page 42 of 76
8
Sales Room
(associated
with Brewery,
Distillery or
Winery)
C C C C C
Take out and
delivery only P P P
Medical/Scientific
Service
Clinic P P P P P P P P P
Hospital P P P P P P
Laboratory
(dental, medical
or optical)
P P P P P P P P P P
Medical Marijuana
Medical
marijuana
center
P P P P P
16-5-
2.C.13
16-5-
4.C.1.f
Medical
marijuana
optional
premises
cultivation
operation
A A A P P
16-5-
2.C.13
16-5-
4.C.1.f
Medical
marijuana
infused
products
manufacturer
A A A P P
16-5-
2.C.13
16-5-
4.C.1.f
Office
Office, type 1
(general) P P P P P P P P P
Office, type 2
(limited) P P P P P P P P P P 16-5-
2.C.8
Crematorium C
Page 43 of 76
9
Retail Sales and
Service
(Personal Service)
Dry cleaner,
drop-off site
only
P P P P P P
Instructional
service P P P P P
Massage
therapy P P P P P P P P
Mortuary P P
Personal care P P P P P P
Service:
photography
studio and
photo lab,
upholstery,
printer,
locksmith, tailor
P P P P P P
Tattoo and
body-piercing
establishment
P P
Temporary
employment
business
C C 16-5-
2.C.11
Retail Sales and
Service
(Repair and Rental)
Equipment
rental L P P
Repair shop
(not including
auto)
P P P P P P
Retail Sales and
Service (Sales)
Antique store P P P P P P
Art gallery P P P P P P
Auction house P P P
Buy-back,
second-hand,
P P P P
Page 44 of 76
10
thrift,
consignment
stores, large
Buy-back,
second-hand,
thrift,
consignment
stores, small
P P P P P
Convenience
store P P P P P
Grocery/special
ty food store P P P P P P
Internet sales
location P P P P
Liquor store P P P P P P
Pawnbroker P P 16-5-
2.C.10
Retail sales,
general
merchandise
P P P P/
C P P
For TSA,
P if ≤
20,000
sq. ft.,
C if >
20,000
sq. ft.
of gross
leasable
floor area
School Trade or
business school P P P C P P 16-5-
2.C.12
Studio
Radio/television
broadcasting
studio,
recording/film
studio
P P P P
Page 45 of 76
11
Vehicle and
Equipment
Automobile
pawnbroker P P P 16-5-
2.C.10
Automotive
sales, rental L P P 16-5-
2.C.3
Automotive
service and
repair, including
body or fender
work
P P 16-5-
2.C.4
Automotive
service and
repair, not
including body
or fender work
L P P 16-5-
2.C.4
Automotive
service station
(gasoline
facility)
L P P 16-5-
2.C.5
Car wash, auto
detailing L L L
16-5-
2.C.6
16-5-
2.C.4
Commercial
storage of
operable
vehicles
P P 16-5-
2.C.3
Fuel dispensing L P P
Parking facility,
structure
(operable
vehicles),
principal use
C C C C L L C P P
16-5-
2.C.3
16-5-
2.C.9
Parking area,
surface
(operable
C C C C L L C P P
16-5-
2.C.9
16-5-
2.C.3
Page 46 of 76
12
vehicles),
principal use
Recreational
vehicles and
boats, sales or
rental
L P P
Visitor
Accommodation
Bed and
breakfast P P P P P P P P P P P P P 16-5-6
Hotel P P P P P
Hotel, extended
stay P P P
Short Term
Rental P P P P P P P P P P P P 16-5-6
Wholesale Sales and
distribution P P
MANUFACTURING/INDUSTRIAL USES
Industrial Service
Industrial
service, light C P P
16-5-
2.D.3
(TSA
only)
Industrial
service, heavy P
Manufacturing,
Including
Processing,
Fabrication,
or Assembly
Brewery C C C P P 16-5-
2.C.14
Distillery C C C P P 16-5-
2.C.14
Winery C C C P P 16-5-
2.C.14
Manufacturing,
light C P P 16-5-
2.D.4
Page 47 of 76
13
(TSA
only)
Manufacturing,
heavy P
Warehouse/Storage
Fuel storage
(principal use) L
Mini-storage
facility P P
Moving and
storage P P
Outdoor
storage P P 16-6-7.G
Storage yard
for vehicles,
equipment,
material, and/or
supplies
P P 16-5-
2.D.6
Warehousing
and/or storage P P
Waste/Salvage
Automobile
wrecking/
salvage yard
C P 16-5-
2.D.1
Commercial
incinerator C
Hazardous
waste handling C C 16-5-
2.D.2
Recycling
operation, all
processing
occurs within
enclosed
structure
P P 16-5-
2.D.5
Page 48 of 76
14
Recycling
operation,
some or all
processing
occurs outside
an enclosed
structure
C C 16-5-
2.D.5
Sanitary service C
Waste transfer
station (not
including
hazardous
waste)
C C
ACCESSORY USES - See Section 16-5-4 for additional regulations
Household Living
(Accessory to
Principal One-Unit
Detached Dwelling
Uses Only)
Accessory
Dwelling Unit A A A A A*
Home Care
Accessory Uses
(Accessory to
Principal One-Unit
Dwelling Uses Only)
Adult
dependent care
C
-
A
A A A A A A A A A
Family child
care home
C
-
A
A A A A A A A A A
Infant/toddler
home
C
-
A
A A A A A A A A A
Large child care
home
L
-
A
L
-
A
L
-
A
L
-
A
Other Accessory
Uses
Caretaker's
quarter A A A A A A
Dormitory A A A
Page 49 of 76
15
Home
occupation A A A A A A A A A A 16-5-
4.C.1
Minor utility
facility (as
accessory use
of land)
L
-
A
L
-
A
L
-
A
L
-
A
L
-
A
L-A L-A L-A
L
-
A
L-
A
L
-
A
L
-
A
L-
A
L
-
A
L
-
A
16-5-
2.B.1
Parking area
(surface) A A A A A A A A A A A 16-5-
4.C.2
Parking garage
(structure) A A A
Satellite dish
antenna A A A A A A A A A A A A A A A 16-5-
4.C.3
Service units or
facility A A A A A 16-5-
4.C.4
Swimming pool A A A A A A A A A A A A A A A 16-5-
4.C.5
Wholesale
sales and
distribution
A A A A 16-5-
4.C.6
TEMPORARY USES - See Section 16-5-5 for additional regulations
Car wash T T T T T T T T T T T T T T T
Expansion or
replacement of
existing
facilities
T T T T T T T T T T T T T T
Farmers market T T T T T T
Food vendor
carts T T T T T T T
Mobile storage
(with or without
building permit)
T T T T T T T T T T T T T T T
Page 50 of 76
16
Real estate
sales or leasing
office (also
model homes)
T T T T T T T T T T T T T T T
Outdoor sales
(e.g., tent sales,
parking lot
sales, seasonal
sales,
windshield
repair, sales
from retail
vendor carts,
etc.)
T T T T T T
Special event
(e.g., carnival,
bazaar, fair)
T T T T T T T T T T T T T T T
Tents, canopies T T T T T T T T T T T T T T T
USES NOT
MENTIONED See 16-5-1.B for procedures and criteria for approving unlisted
uses, including unlisted accessory and temporary uses.
Section 3. Notice of general provisions and findings applicable to interpretation and
application of this Ordinance:
Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2,
Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth
above, including, but not limited to, the provisions regarding severability, inconsistent ordinances
or code provisions, effect of repeal or modification, and legislation not affected by repeal.
Enforcement. E.M.C. §16-10-2 provides that any violation of Title 16 shall be subject to the
penalties provided for within E.M.C. Title 1, Chapter 4, “General Penalty” provision(s). E.M.C.
§1-4, subsections 1-7, mandate that except as otherwise provided within specific Titles, Chapters,
or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of
any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six
hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred
sixty (360) days or by both such fine and imprisonment.
Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is
promulgated under the general police power of the City of Englewood, that it is promulgated for
Page 51 of 76
17
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
City Council further determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Introduced, read in full, remand on first reading on the 21st day of January, 2020
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 23rd day of
January, 2020.
Published as a Bill for an Ordinance on the City’s official website beginning on the 22rd day of
January, 2020 for thirty (30) days.
Linda Olson, Mayor
ATTEST:
_________________________________
Stephanie Carlile, City Clerk
I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and
passed on first reading on the 21st day of January, 2020.
Stephanie Carlile
Page 52 of 76
1
DRAFT Council Bill No. 4
STR Licensing and Enforcement
BY AUTHORITY
ORDINANCE NO. ____ COUNCIL BILL NO. 04
SERIES OF 2020 INTRODUCED BY COUNCIL
MEMBER _______________
AN ORDINANCE AMENDING TITLE 5, BY ADDING CHAPTER 31 TO
THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING BUSINESS
AND LICENSE REGULATIONS FOR SHORT TERM RENTALS.
WHEREAS, the City of Englewood (“Englewood” or “City”) is a homerule municipality
organized under Article XX of the Colorado Constitution and with the authority of the Englewood
Home Rule Charter;
WHEREAS, Title 16 of the Englewood Municipal Code, Unified Development Code, sets
forth the City’s zoning regulations and permitting requirements for the use of real property within
Englewood, including provision for where Short Term Rentals are an allowed use;
WHEREAS, the City Council desires to impose a Licensing requirement, adopt an Operating
Permit process, and establish a fee for short-term rental properties to protect the health, safety and
welfare of all properties and persons residing within the City; and
WHEREAS, the Englewood City Council finds and declares that the amendments to the
Englewood Municipal Code regarding short-term rentals as set forth herein are proper in light of
the reasonable needs and desires of the City and in the promotion of the public health, safety, and
welfare of the City’s residents and visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Title 5, by adding Chapter 31. Title 5, Chapter 31 of the
Englewood Municipal Code shall be amended as follows:
Chapter 31 – SHORT TERM RENTALS
5-31-1: - Definitions.
The following definitions are applicable to this section:
Page 53 of 76
2
Applicant: The owner(s) of the real property for which a short term rental permit is sought. If
a property has multiple owners, including joint ownership by spouses, all persons with an
ownership interest must sign the application permit.
ADU: An Accessory Dwelling Unit.
Enforcement Officer: The provisions of this Chapter shall be administered and enforced by
the City Manager of the City of Englewood, or his designee. The enforcement officer, who
may be a zoning enforcement officer, building official, fire marshal, or other designee, will
have all legal powers necessary to enforce this Chapter. Summons and complaints issued by
the Enforcement Officer may be served by the Enforcement Officer, a Code Enforcement
Officer, or a Law Enforcement Officer.
Long Term Lease: The lease or rental of a property for longer than thirty days. A property
used as a long term lease shall not simultaneously be used as a short term rental.
Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise
permitted by law, to be used, developed, or built upon as a unit. If two, or more lots designated
by plat, are combined to be built upon as a unit, the combined lots shall be understood to be a
single lot for purposes of this Short Term Rental Code.
Owner: The person(s) or entity listed on the title to the property as found on an Arapahoe
County Deed of Record. Such persons are also the persons who sign the “Proof of Residency”
affidavit. A long term renter is not a property owner.
Owner Occupied. Means the property owner’s primary residence. A person can only have
one primary residence.
Permittee: The owner of the dwelling unit that has a valid STR operating permit.
Primary Residence: Means a residence which is the usual place of return for housing as
documented by at least two of the following documents: motor vehicle registration, Colorado
driver’s licensed or Colorado identification card, voter registration, property tax notices, or
utility bill. A person can only have one primary residence.
Renter or Lessee: The party contracting to rent the STR for a term less than thirty (30) days.
Short Term Rental (STR): The nightly or weekly rental of a residential dwelling unit, or portion
thereof, ancillary to a primary living use, excluding hotels, motels, bed and breakfasts, for less
than thirty (30) days, including but not limited to, a single family dwelling, duplex, townhome,
condominium, or similar dwelling. The term Short Term Rental also includes and applies to
“vacation rentals”.
5-31-2: - Business License Required.
A. It shall be unlawful for any person or entity to offer or provide lodging in the form of a
short term rental, with or without meals, within a residential property located within the
City of Englewood, without obtaining an annual Business License from the City of
Englewood, in conformance with Chapter 1 of this Title.
B. Prior to applying for a Business License in conformance with Chapter 1 of this Title, the
applicant must have complied with all of the following:
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1. The property must be zoned to allow for such use,
2. The property owner and primary resident must have a Short Term Rental Registration
approved by the Department of Community Development.
3. The property owner must have a Short Term Rental Operating Permit obtained in
conformance with this Chapter, bearing the signatures of all applicable building
inspectors.
C. A Business license issued for a Short Term Rental is not assignable to any other party or
any other property. A property may not be under more than one rental agreement for any
fixed dates and times. Upon the sale or long term lease for sale of a property used as a
Short Term Rental all issued Business Licenses, Rental Registrations, or Operating
permits become null and void.
5-31-3: - Application for Short Term Rental Registration.
A. Application Process. Each applicant for a Short Term Rental Registration shall submit an
application to the City of Englewood Department of Community Development (CDD).
B. Short Term Rental Registration Requirements. The Short Term Rental Registration form
shall be promulgated by the CDD, and shall include the following documentation:
1. Proof of Ownership of the Subject Property. A signed and notarized “Proof of
Residency and Ownership affidavit” promulgated by the Englewood Department of
Community Development;
2. Signed/Approved Operating Permit. An approved operating permit in accordance
with E.M.C. 5-31-4.
3. Acknowledgement Form. Signed acknowledgement that the City has the right of
inspection of the rental premises for conformance with the City’s Life/Safety Codes
at any reasonable time;
4. Waiver. The City of Englewood assumes no responsibility for the operation of the
permitted STR property. The owner(s) shall sign a waiver and release of liability,
acknowledging and agreeing to indemnify and hold harmless the City of Englewood
from any and all negligent acts which may occur from the renting or operation of the
STR. Such indemnification shall include defending the City from any claims arising
from the use of the property as an STR. The Owner(s) shall further warrant and agree
to compensate the City of Englewood for any expenses incurred in any defense of
any lawsuit or other action associated with the renting or operation of the STR, and
which is brought against the City.
5. Certificate of Insurance;
6. Floorplan. A scale floorplan of the STR, including all levels;
7. Property Plan. A scale plan for the property showing all parking areas;
8. Contact information.
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a. Owner. The owner shall provide a cell and/or home telephone phone number,
mailing address, email address, and property address, if different from mailing
address.
b. Primary Contact. Each STR owner or operator shall designate a primary contact
person. If the Primary Contact is not the owner(s), the Primary Contact shall be a
named individual and the following information shall be provided: cell and/or
home telephone number, mailing address, email address, and business address and
business phone, if applicable. Any change(s) to the Primary Contact information
shall be provided, in writing, to the Community Development Department, within
ten (10) days of such change(s). Failure to notify the CDD of such change is
grounds for revocation of the Short Term Rental Registration and Business
License.
The Primary Contact shall be available on a twenty-four (24) hour basis, seven
days per week, and be able to respond to any concerns from renters or City
enforcement personnel. The Primary Contact may be the property owner(s) or
another person employed by, authorized by, or engaged by the owner(s) to
manage, rent or supervised the STR. The Primary Contact shall be able to respond
to any concerns that may arise during any rental period of the STR, including the
ability to access the STR in a timely manner.
9. Posting Notice. A copy of both the Short Term Rental Operating Permit and the
provisions of 5-31-5 shall be conspicuously posted within the area rented for use as
an STR;
10. Regulatory Compliance. All STR’s shall meet the standards of all applicable
building, electrical, plumbing and fire codes adopted or amended by the City of
Englewood.
11. All other documentation referred to within this Chapter.
D. Ineligible Properties. An apartment complex comprised of rental units may not be utilized
as an STR.
E. Review of Short Term Rental Registration request. The City Manager, or designee, shall
review each submitted Short Term Rental Registration form, and associated documentation
as required by this Title and Chapter, within 30 days of receipt of any such Registration
Form. Following determination that the application is complete, the registration form and
associated documentation shall be referred to all applicable City departments for review
regarding conformance with all applicable Codes of the City of Englewood. Within 60
days following the filing of the application the applicant will be provided with a written
determination of approval/disapproval of the STR Registration request.
F. Non-assignable. A Short Term Rental Registration may not be assigned to any other
party or any other property.
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5-31-4: Short Term Rental Operating Permit.
A. STR Operating Permits Required. All STR’s must have a valid and current Operating
Permit. An Operating Permit shall be effective for twelve months, and shall go into effect
upon the date of issuance, unless surrendered, suspended or revoked for cause. Operating
Permits shall be issued by the CDD in accordance with this Chapter.
B. Non-Assignable. An Operating Permit issued for a Short Term Rental may not be
assigned to any other party or any other property.
C. Posting the Operating Permit and Life/Safety Information. The Operating Permit shall be
signed by all owner(s) of the real property used as an STR and be conspicuously posted
within the area rented as an STR. Additionally, the life/safety information set forth in 5-
31-6 shall be conspicuously posted within the area rented as an STR.
D. STR Operating Requirements.
a. The STR shall be the legal responsibility of the legal owner(s) as set forth on the
Application and Permit.
b. A residence used as an STR shall be the primary residence of the legal owner(s).
c. For parcels containing ADU’s the primary resident may obtain a STR permit for
the main residence OR the ADU; both structures may not be permitted concurrently.
d. An STR shall not exceed two (2) adults per bedroom.
e. The maximum occupancy of an STR shall be eight (8) persons.
f. No STR shall be located in any recreational vehicle, travel trailer, or temporary
structure.
g. No STR shall be rented/contracted for use upon any date to more than one party at
a time.
h. During any rental period, the STR shall not be used for any other purpose (e.g.
home-based business, temporary event, etc.) by the renter or owner other than for lodging
purposes.
i. Parking. All STR’s shall provide one parking space per bedroom. STR’s lacking
a paved parking space in a driveway, garage, or carport shall be limited to two (2) on-
street parking spaces located in front of the STR. These on-street locations shall remain
public and may not be reserved by the use of any signage. Any advertisements or listing
of the STR shall provide the number of parking spaces available for use by the renter.
5-31-5: Special Conditions and Restrictions of the Short Term Rental Business License.
Violation of any of the following provisions may result in revocation of the Business License and
Short Term Rental Registration:
A. Fees. Fees associated with the issuance of the Operating Permit, Registration, Business
License and any other requirements of this Chapter, shall be established by action of
the Englewood City Council, and set forth within the City’s Fee and Rate Schedule.
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B. City Tax Certificate. The owner of any STR issued a business license by the City of
Englewood must obtain a valid City of Englewood Sales Tax Certificate within thirty
(30) days from the approval of the business license application;
C. State Tax License The owner of any STR issued a business license by the City of
Englewood must obtain a valid State of Colorado Sales Tax License within thirty (30)
days from the approval of the business license application;
D. Tax Liability Owners and operators of STR’s shall be subject to, and responsible for,
all sales and lodging taxes as set forth under Title 4-4-4-1, Lodging Services of the
Englewood Municipal Code. The requirements of EMC 4-4-4-1 are hereby deemed to
incorporate and be applicable to all STR’s. Failure to collect and remit all applicable
sales and lodging taxes at the City, State or Federal level is grounds for revocation of
the Operating Permit.
E. Life Safety. All STR’s shall contain the following: a minimum of one operable fire
extinguisher per floor, operable carbon monoxide detectors in all rooms used for
sleeping purposes, and operable smoke detectors on each floor of the STR. An STR
with living or sleeping areas within a basement area shall be equipped with egress
windows and other exit systems.
F. Noise. No person shall make, cause, permit or suffer any unreasonable noise from any
STR that is audible beyond the property lines of the STR or in excess of the sound
pressure limits set forth in 6-2-8 of this Code.
G. Property Maintenance. The STR property shall be properly maintained and free of
loose, uncollected trash, garbage, and litter. The owner(s) or management company
shall comply with all property codes of the City of Englewood.
H. Signs. A permitted STR dwelling is permitted one (1) exterior sign, up to a maximum
of one (1) square foot in area. The sign shall not be illuminated nor contain any
animation.
I. Owner(s) Responsibility for Compliance. Compliance with the terms and conditions
set forth in this Chapter shall be the responsibility of the legal owner(s) of the STR, as
set forth on the application and Proof of Residency and Ownership Affidavit, and
cannot be delegated to any other party. Any violations of any term or condition of this
Chapter are strictly the responsibility of the owner(s), and any summons and complaint
served for any violation shall be served upon the owner(s) of the STR.
J. Operating Permit Renewal. All STR permits shall be renewed through the CDD on an
annual basis. All renewals shall include an updated compliance and safety check report
signed by applicable code enforcement personnel, any updates to the information
required for a Short Term Rental Operating Permit, and proof of payment of all renewal
and permit fees.
K. Change of Ownership. Any change of owner, officer, director, or holder of more than
ten (10) percent of the ownership of any STR shall render such STR business license,
Rental Registration, and Operating Permit null and void.
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5-31-6: Posting of Life/Safety Information. The owner(s)/operator(s) shall post the following
information inside the area rented as an STR in a conspicuous location for any renters/lessees:
A. A copy of the regulations and requirements regarding Short Term Rental Operating
Permits;
B. The name, address, and telephone numbers of the primary contact person, management
company, or owner of the STR that can be reached on a twenty-four hour basis;
C. The maximum number of persons allowed to occupy the STR;
D. The maximum number of vehicles allowed to park on, or in front of, the STR property;
E. Information regarding trash/garbage storage and removal, recycling storage and
removal, including the days and location of pick-up. Clearly defined garbage and
recycling areas shall be provided;
F. The property address, including house number, street name and city;
G. A list of non-emergency numbers, including the non-emergency number of the police
department;
H. The location of all fire extinguishers and exits, including egress windows.
5-31-7: Revocation/Termination/Surrender of Business License and Operating Permit.
A. Surrender. Business Licenses, Rental Registrations, and Operating Permits shall be
deemed surrendered upon delivery to the City of written notice by the property
owner(s), or representative, that a dwelling or property will no longer be used as Short
Term Rental.
B. Termination. A termination of the Business License, Rental Registration, and
Operating Permit occurs when the ownership of the property has been sold,
assigned, or otherwise transferred to a new owner(s), or the current STR permit
holder has failed to obtain a renewal of the operating permit on or before its annual
renewal date.
C. Revocation. Any STR Operating Permit may be revoked for cause or suspended by
the Director of Community Development, or his/her designee, after written notice to
the owner(s) for the following violations:
1. Violation of any term or condition of the operating permit, or for any violation
of any provision set forth in this Chapter, if such term or condition is not abated
in conformance with a Notice of Violation.
2. Violation of any provision of the Englewood Municipal Code, City Ordinance,
or State law relating to the maintenance of the permitted property operating as
an STR, if such term or condition is not abated in conformance with a Notice of
Violation or a failure to remain in compliance with all City or State sales tax
regulations.
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3. The existence of any condition, or performance of any act, which the City
determines constitutes nuisance or causes a condition endangering the health,
safety and welfare of any individual(s), or damage to the STR dwelling unit
identified by the operating permit, including damage caused by fire, flood, wind,
or other natural disaster, if such condition or act is not abated in conformance
with a Notice of Violation.
4. After a third violation of any provision of this Chapter, the Englewood
Municipal Code, or applicable State or Federal law or regulation has been
administratively verified, the Director of Community Development, or his/her
designee, shall revoke the STR operating permit and rental registration. Notice
of revocation shall be conveyed to the Business Licensing Officer for revocation
of the Business License.
5. Upon revocation of any Short Term Rental Business License, the licensing
officer shall notify applicable entities advertising such STR that the Business
License has been revoked, and the period of time associated with such
revocation.
D. Denial/Temporary Denial. The Director of Community Development, or his/her
designee, may deny or withhold the approval of a renewal of an annual Operating
Permit if the property is in violation of any applicable title or chapter of the Englewood
Municipal Code.
E. Term of Revocation. The owner(s) of an STR Business License, Rental Registration,
and Operating Permit that has been revoked for a violation shall not apply for another
STR operating permit for a period of eighteen (18) months for any property.
F. Administrative Appeal. Administrative acts provided for by this Chapter may be
appealed in accordance with Title 1, Chapter 10 of the Englewood Municipal Code
5-31-8: Enforcement.
A. Allegation of Violation of this Chapter. The Enforcement Officer shall be responsible
for the enforcement of all provisions of this Chapter in association with a Short Term
Rental Operating Permit and a Short Term Rental Registration, and is hereby
authorized to undertake all investigations of violations of such as set forth in this
Chapter, to issue notices and orders, to issue summons and complaints for prosecution
in the Englewood Municipal Court, to bring any legal action in other courts of
competent jurisdiction, and to take other measures as are necessary for the enforcement
of the provisions of this Chapter.
1. Right of Access/Inspection. Pursuant to the terms of the Operating Permit, the
Enforcement Officer has the right of access and entry upon any property
operating as an STR with a valid STR business license and operating permit, at
any reasonable time, and upon reasonable suspicion, to make inquiry and
inspection to determine if health or safety violations exist upon the property in
violation of any Title of the Englewood Municipal Code.
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2. Notice of Inspection. The Enforcement Officer shall provide notice of the
inspection to the owner(s) of the STR property. Such notice may be personally
served upon the owner(s), or by posting the notice on the STR property, by
mailing the notice to the owner(s) at their last known address, via U.S. Mail,
postage prepaid, or by publication in a newspaper of general circulation. The
Notice to Inspect shall be deemed served when personally served, posted upon
the property, or upon three days from the date of mailing.
3. Contents of Notice of Inspection. The notice of inspection shall include the date
and time that the notice was served, posted, or mailed, the date and time of the
proposed inspection, a request that the owner(s) be present for the inspection,
the name and contact information of the Enforcement Officer, and a specific
statement as to each suspected violation. The property owner may contact the
Enforcement Officer to seek another time for the inspection, as long as such
inspection occurs within 3 business days of having received the Notice of
Inspection.
4. Failure to Comply with Inspection Notice. Failure to comply with Inspection
Notice, or make the property available for inspection, shall be grounds for
revocation of the Business License and Operating Permit in accordance with
E.M.C. 5-31-7 above.
B. Notice of Violation/Administrative Order to Comply.
1. Notice of Violation. The Enforcement Officer shall provide written notice to
the owner(s) of the STR premises operating pursuant to the STR Operating
Permit, upon which exists an identified violation of this Chapter. Such notice
shall be served upon the owner(s) by posting such notice on the permitted STR
property, by personally serving the notice to the owner(s), or by sending the
notice certified, return receipt requested via US Mail, postage prepaid, to the
last known address of the owner(s).
2. Receipt of Notice of Violation. The notice shall be deemed received
immediately if directly communicated with the owner(s), or primary contact,
through either personal notification or telephone call. Notice shall be deemed
received seventy-two hours after posting the property, publication in a
newspaper of general circulation, or by certified mailing, return receipt
requested, via US Postal Service, postage prepaid.
3. Contents of Notice of Violation/Administrative Order to Comply. All notices
of violations/Administrative Order to Comply shall include the following
information:
i. The common address or legal description of the property upon
which the STR is located;
ii. A specific notice that the owner(s) of the property are in violation of
any provision of the Englewood Municipal Code or this Chapter;
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iii. An administrative order directing the owner(s), or primary contact,
of the property to correct the condition within five (5) days of the
date of receipt of said notice, such compliance date to be clearly
stated upon the face of the notice;
iv. Contact information for the enforcement officer assigned to the
matter;
v. Notice that the administrative order may be appealed by complying
with the procedures in Title 1, Chapter 10 of the Englewood
Municipal Code;
vi. Notice that failure to comply with the administrative order shall
result in the immediate revocation of the STR Operating Permit and
Business License; and
vii. Notice that such violations may be subject to criminal prosecution,
in addition to any administrative action or order.
4. Compliance Inspection. Within five (5) business days following receipt of
the administrative notice, the property owner or primary contact shall
contact the Enforcement Officer seeking inspection of the property and a
determination that the property is in compliance with the Code. The
Enforcement Officer is authorized to provide one (1) extension to the
administrative notice of no more than five (5) days, including weekends and
holidays, following a compliance inspection of the property if the
Enforcement Officer believes the property owner made a good faith but
unsuccessful effort to correct the violation(s), and such violation(s) may be
successfully remediated within such additional time.
C. Summons and Complaint; Notice to Appear; Right to Proceed; Fines and Costs;
Appeals.
1. Municipal Search Warrant. If the owner or primary contact fails to schedule
a time for the compliance inspection within five (5) business days following
service of the administrative notice, the Enforcement Officer may seek a
search warrant for the inspection of the premises under the provisions of 1-
7A-4 of the Englewood Municipal Code.
2. Issuance of Citation. If the Enforcement Officer has not made a
determination that the property is in compliance with the Englewood
Municipal Code within the time provided for compliance with the
administrative notice of violation, the Enforcement Officer is authorized to
issue to the owner(s) of the STR property a Summons and Complaint and
notice to appear in the Englewood Municipal Court to answer to charges of
a violation of this Chapter, and to take all administrative action associated
with revocation of the STR Business License and Operating Permit.
Summons and complaints issued by the Enforcement Officer may be served
by the Enforcement Officer, a Code Enforcement Officer, or a Law
Enforcement Officer.
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3. Administrative/Civil Enforcement. During the pendency of the case in the
Municipal Court, the City shall not be precluded from addressing the
violations of this Chapter, or any other Title of the Englewood Municipal
Code applicable to the STR, through administrative or civil action to bring
the STR property into compliance with this Chapter or the Englewood
Municipal Code, or any other applicable law or regulation. The Business
License and Operating License may be administratively revoked in
compliance with this Chapter, in addition, to criminal prosecution.
4. Penalty Provisions. Any person found guilty by the Municipal Court of
violations of this Chapter, or who enters a plea of guilty or nolo contendere,
to any violation of this Chapter, or any other violation of the Englewood
Municipal Code in association with the operation of a STR, shall be subject
to the provisions of the General Penalty, E.M.C. 1-4-1, and shall be ordered
to bring the property and/or violation into compliance before re-letting the
property to any short term renters.
5. Costs. Any person convicted of a violation of this Chapter, or any other
violation of the Englewood Municipal Code in association with the
operation of a STR, may be assessed a fine, court costs, and all costs
associated with service of any and all Notices upon the property incurred by
the City in association with the enforcement of this Chapter.
6. Notification to Short Term Rental Advertising Entities. All business
entities that advertise the short term rental to the public shall be notified by
the enforcement officer when a short term rental’s Business
License/Operating Permit has been revoked, and such entities will be
directed to remove the short term rental from any lists of properties
advertised for rental.
7. Appeal of Convictions in Municipal Court. All appeals of convictions
within the Municipal Court shall be to the District Court as provided by
applicable law.
Section 2. Notice of general provisions and findings applicable to interpretation and
application of this Ordinance:
Saving Clause. E.M.C. Title 1, Chapter 2, “Saving Clause” shall apply to interpretation and application of
this Ordinance, including, but not limited to, the provisions regarding severability, inconsistent ordinances
or code provisions, effect of repeal or modification, and legislation not affected by repeal.
Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise
provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of
any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not
exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not
exceeding three hundred sixty (360) days or by both such fine and imprisonment.
Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is
promulgated under the general police power of the City of Englewood, 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
Page 63 of 76
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protection of public convenience and welfare. The City Council further determines that the Ordinance
bears a rational relation to the proper legislative object sought to be obtained.
Introduced, read in full, and passed on first reading on the 21st day of January, 2020.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 23rd day of
January, 2020.
Published as a Bill for an Ordinance on the City’s official website beginning on the 22nd day of
January, 2020 for thirty (30) days.
Linda Olson, Mayor
ATTEST:
_________________________________
Stephanie Carlile, City Clerk
I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and
passed on first reading on the 21st day of January, 2020.
Stephanie Carlile
Page 64 of 76
CITY OF ENGLEWOOD
PLANNING AND ZONING COMMISSION
IN THE MATTER OF CASE #2017-03,
FINDINGS OF FACT,CONCLUSIONS
AND RECOMMENDATIONS RELATING
TO THE UNIFIED DEVELOPMENT CODE
TITLE 16-5-6 SHORT TERM RENTALS,
TITLE 16-5-1:TABLE OF ALLOWED USES,
AND 16-11-2:DEFINITION OF WORDS,TERMS
AND PHRASES
FINDINGS OF FACT AND
CONCLUSIONS OF THE
CITY PLANNING AND
ZONING COMMISSION
INITIATED BY:
Community Development Department
City of Englewood
1000 Englewood Parkway
Englewood,CO 80110
\r&a\r~—v&re-«sax/sasasax/\.r~_¢~a
Commission Members Present:Kinton,Freemire,Browne,Fuller,Adams,Austin,Townley
Commission Members Absent:Moershel
This matter was heard before the City Planning and Zoning Commission on Tuesday,December
3,2019 in the City Council Chambers of the Englewood Civic Center.
Testimony was received from staff and the public.The Commission received notice of public
hearing,the staff report,four emails from the public,and a copy of the proposed amendments to
the Unified Development Code Title 16-5-6 Short Term Rentals,Title 16-5-1:Table of Allowed
Uses,and 16-11-2:Definition of Words,Terms,and Phrases which were incorporated into and
made a part ofthe record of the public hearing.
After considering the statements of the staff and reviewing the pertinent documents,the members
ofthe City Planning and Zoning Commission made the following Findings and Conclusions.
FINDINGS OF FACT
1.THAT study sessions were conducted by the Planning and Zoning Commission on:
o May 16,2017,0 April 3,2018,
o September 6,2017,0 May 8,2018,
a September 19,2017,o July 17,2018,
-January 17,2018,0 August 21,2018,
o February 21,2018,0 September 18,2018,
Page 65 of 76
10.
11.
12.
13.
14.
15.
0 October 2,2018,o
o December 4,2018,o
-January 8,2019,
February 20,2019,and
May 7,2019
THAT a Community Open House was held on September 20,2018,and a Community
Forum was held on April 2,2019.
THAT the Planning and Zoning Commission held public hearings on June 4,2019 and
December 3,2019 regarding short term rental regulations.
THAT notice of the Planning and Zoning Commission public hearings were published in
the Englewood Herald on May 15,2019 and November 21,2019.Further,notice of the
public hearings were on the City of Englewood website from May 23,2019 through June
4,2019 and November 13,2019 through December 3,2019.The public hearings were
also posted on social media.
THAT the Englewood City Council held study sessions on short term rentals on October
16,2017,April 1,2019,July 15,2019 and August 26,2019.
THAT the Englewood City Council held a public hearing on October 7,2019 to receive
public testimony,followed by a first reading on October 21,2019.
THAT notice of the Englewood City Council public hearing was published in the
Englewood Herald on September 26,2019.The notice was also posted on the City of
Englewood website from September 18,2019 through October 21,2019.Further,the
public hearings were posted on social media.
THAT at the October 21,2019 first reading,City Council voted 5-2 to table the short term
regulations for the amount of time necessary for Planning and Zoning Commission to
review and remove ADU’s from the regulations and to create an enforcement plan.
THAT the staff report and four emails were made a part of the record.
THAT the revised short term rental text amendments establish permitting and operating
requirements for short term rentals and identifies the R—1—A,R-1-B,R-1-C,R-2—A,R—2-B,
MU—R-3—A,MU-R-3—B,MU-R-3-C,M-1,M-2,MU-B-1,MU-B-2 zone districts as suitable
for the operation of short term rentals.
THAT short term rentals serve the current citizenry,their investment,and their property
as provided for within the Comprehensive Plan,specifically Objective Live —1.2.
THAT short term rentals provide affordable housing and allows for alternative housing
within the city;meeting Comprehensive Plan Objective Live —1.2.
THAT short term rentals were not being discussed when the Accessory Dwelling Unit
(ADU)Ordinance was studied and voted upon;therefore,there is nothing within the ADU
Ordinance permitting or prohibiting short term rentals.
THAT apartments are not included as an option for short term rentals due to the concern
of removing too many units from the long term rental market which can skew affordability.
THAT accessory dwelling units are good for short term rentals due to the property owner
being on site.
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16.THAT prohibiting short term rentals in accessory dwelling units creates more affordability
issues.
17.THAT a shortage of hotels exists in the City of Englewood;therefore,visitors must stay in
neighboring jurisdictions and support that community's tax base,ratherthan staying those
funds staying in Englewood.
18.THAT short term rentals are a great opportunity to spur economic development and
support local businesses.
19.THAT short term rentals provide an opportunity to maintain Englewood’s housing stock,
meeting Live Objective 2.1 and Live Objective 4.5 of the Comprehensive Plan.
20.THAT short term rentals support Work Objectives 1.3,2.3,and 3.3 of the Comprehensive
Plan by creating more opportunities for housing within Englewood and opportunities for
citizens to use their property to supplement their income.
21.THAT the short term rental text amendments include an enforcement section,which was
agreed to by the Community Development Department and the City Attorney's office,and
which was reviewed by the Planning and Zoning Commission.
CONCLUSIONS
1.THAT the proposed short term rental text amendments conform to the vision,goals,and
objectives outlined in Englewood Fon/vard:The 2016 Englewood Comprehensive Plan
2.THAT the proposed short term rental text amendments be forwarded to City Council with
a favorable recommendation for adoption with the following amendments and conditions:
c That the previously identified and practicing short term rentals be
grandfathered,as has been the long term practice of the city;
0 That staff’s recommendations be adopted,to include that a bed and breakfast
be synonymous with a short term rental;
c That city council instruct staff to send a letter of apology to everyone who
received a cease and desist letter;and
-That accessory dwelling units be permitted to be used as short term rentals.
DECISION
THEREFORE,it is the decision ofthe City Planning and Zoning Commission that Case #2017-03
amendments to the Unified Development Code Title 16-5-6 Short Term Rentals,Title 16-5-1:
Table of Allowed Uses,and 16-11-2:Definition of Words,Terms,and Phrases should be referred
to the City Council with a favorable recommendation.
Page 67 of 76
This decision was reached upon a vote on a motion made at the meeting of the City Planning and
Zoning Commission on December 3,2019,by Freemire,seconded by Austin,which motion
states:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Motion carried.
TO FORWARD THE SHORT TERM RENTAL TEXT AMENDMENTS TO CITY
COUNCIL WITH A FAVORABLE RECOMMENDATION,WITH THE FOLLOWING
AMENDMENTS AND CONDITIONS:
.THAT THE PREVIOUSLY IDENTIFIED AND PRACTICING SHORT TERM
RENTALS BE GRANDFATHERED,AS HAS BEEN THE LONG TERM
PRACTICE OF THE CITY;
THAT STAFF’S RECOMMENDATIONS BE ADOPTED,TO INCLUDE THAT A
BED AND BREAKFAST BE SYNONYMOUS WITH A SHORT TERM RENTAL;
THAT CITY COUNCIL INSTRUCT STAFF TO SEND A LETTER OF APOLOGY
I
TO EVERYONE WHO RECEIVED A CEASE AND DESIST LETTER;AND
.THAT ACCESSORY DWELLING UNITS BE PERMITTED TO BE USED AS
SHORT TERM RENTALS.
Kinton,Freemire,Browne,Fuller,Adams,Austin,Townley
None
None
Moershel
These Findings and Conclusions are effective as of the meeting on December 3,2019.
BY ORDER OF THE CITY PLANNING &ZONING COMMISSION
,,1,V -CaIeTownley,Chair
Page 68 of 76
____________________________________________________________________________
TO: Englewood Planning & Zoning Commission
THRU: Brad Power, Community Development Director
Wade Burkholder, Community Development Planning Manager
FROM: Erik Sampson, Planner II
DATE: December 3, 2019
SUBJECT: Case 2017-03: Public Hearing regarding a proposed Short Term Rental (STR)
Ordinance and Amendments to Title 16, Unified Development Code
PUBLIC HEARING NOTICE
Notice of the public hearing was published in the Englewood Herald and on the City’s website
on November 21, 2019. Additionally, notice of the public hearing was posted on Next Door and
other City social media accounts.
REQUEST
The Community Development Department requests that the Planning & Zoning Commission
review, take public testimony, and forward to City Council a recommendation for the adoption of
the proposed amendments to the Unified Development Code, Title 16, relating to Short Term
Rentals as follows:
Chapter 5, Use Regulations/Table of Allowed Uses relation to Short Term Rentals;
o Add STRs as a visitor accommodation in residential and mixed-use zone
districts;
Chapter 5, Subsection 6: Add STR regulations including Purpose, Eligibility, Application
Procedures and Permitting Requirements, Operating Standards, Enforcement,
Revocation of STR Permits, and Definitions;
Chapter 11, Definitions: Include all definitions established by the STR Ordinance.
Additionally, modifications to the Englewood Municipal Code will need to occur to address tax
licensing regulations set forth in Title 4 and lodging licensing set forth in Title 5.
BACKGROUND
On June 4, 2019, the Englewood Planning & Zoning Commission held a public hearing
regarding a proposed draft of Short-Term Rental regulations. The Commission forwarded a
favorable recommendation of the Ordinance to City Council for adoption. City Council held a
public hearing on October 7, 2019, followed by a First Reading of the Ordinance on October 21,
2019. During the First Reading, City Council voted to remand the STR regulations back to the
Page 69 of 76
Page 2 of 2
Planning & Zoning Commission to remove the language allowing STR’s in Accessory Dwelling
Units (ADUs) and to amend and clarify the language regarding the Enforcement of STRs.
CHANGES TO THE ORDINANCE
The revised STR ordinance includes additional language regarding the enforcement of STRs
and removed the language which allowed STR’s in ADU’s. The new enforcement language
establishes procedures for notices of violation, compliance inspections, and appeals (see
Section F in the attached draft). All other language regarding Application Procedures,
Submittal Requirements, Operating Standards, and Revocation of Permits from the initial draft
remain unchanged.
RECOMMENDATION
Staff recommends to the Planning and Zoning Commission the following findings and motions,
pending deliberations by the Commission regarding Case No. 2017-03, Short Term Rental
(STR) Regulatory Amendments to Title 16, Unified Development Code:
That Case No. 2017-03 was brought before the City Council at a Public Hearing by the
City of Englewood Community Development Department; and
That City Council remanded the Short Term Rental regulations back to the Planning &
Zoning Commission to address the inclusion of ADU’s as STR’s and to revise the
Enforcement language of the Ordinance; and
That Case No. 2017-03 was brought before the Planning and Zoning Commission at a
Public Hearing by the City of Englewood Community Development Department; and
That notice of the Public Hearing was published in the Englewood Herald on November
21, 2019 and was posted on the City’s website November 21, 2019 through December
3, 2019; and
That the proposed STR regulatory text amendments establish permitting and operating
requirements for Short Term Rentals and identifies the R-1-A, R-1-B, R-1-C, R-2-A, R-2-
B, MU-R-3-A, MU-R-3-B, MU-R-3-C, M-1, M-2, MU-B-1, MU-B-2 zone districts as
suitable for the operation of Short Term Rentals; and
That the revised STR regulatory text amendments be forwarded to City Council with a
favorable recommendation for adoption.
Attachments:
- Short Term Rental Draft Regulations
CC: Brad Power
Wade Burkholder
Dugan Comer
Page 70 of 76
City of Englewood
Short Term Rental (STR) Affidavit
This form must be signed by the property owner.
I _____________________________ attest that I have read and understand all provisions of
this affidavit. I further understand, under penalty of perjury, that my STR meets all Unified
Development Code requirements and contains all items and safety measures as listed in the
attached checklist. I further understand that any violation of the Englewood Municipal Code
(EMC) or any violation of the STR ordinance may result in the revocation of my STR licenses
and permit, and/or a summons to Municipal Court.
Name (print): __________________________
Name (signed): ________________________
State of Colorado
County of Arapahoe
The foregoing instrument was acknowledged before me on this ___ day of ________________,
20___ by ________________________.
___________________________ _____________________________
(Notary Official signature) (My commission expires)
Page 71 of 76
Please review and initial each statement.
____ I understand that any Short Term Rental (STR) Permit issued, based upon false information or
misrepresentation will be null and void and subject to penalty as provided by law.
____ The STR will be located in a dwelling unit that is the primary residence of the property owner.
____ I understand that the dwelling or rooms serving as a short term rental must have a smoke
detector, carbon monoxide detector, fire extinguisher, and an exit.
____ I understand that my STR may not be rented more than 30 consecutive days.
____ I understand that my STR may not be rented to more than one party under separate contracts.
____ I understand that my short-term rental may be used for dwelling, sleeping, or lodging purposes,
but may not be rented for any other commercial purpose, including temporary events or
gatherings.
____ I understand I must provide the following information to STR guests and have printed materials
posted on-site for guests which includes the following information:
a) A copy of the regulations and requirements regarding Short Term Rental Operating Permits;
b) The name, address, and telephone numbers of the primary contact person, management
company, or owner of the STR that can be reached on a twenty-four hour basis;
c) The maximum number of persons allowed to occupy the STR;
d) The maximum number of vehicles allowed to park on, or in front of, the STR property;
e) Information regarding trash/garbage storage and removal, recycling storage and removal,
including the days and location of pick-up. Clearly defined garbage and recycling areas shall
be provided.
f) The property address, including house number, street name and city;
g) A list of non-emergency numbers, including the non-emergency number of the police
department;
h) The location of all fire extinguishers and exits, including egress windows.
____ I understand that I am required to maintain a current Englewood Lodging License, State of
Colorado and City of Englewood Sales Tax Licenses.
____ I understand that the STR Permits are granted with the expectation that their use will not impact
the neighbors or the character of the community. I agree to use my best efforts to assure that all
renters of my property will not disrupt the neighborhood and I understand that the STR will be
required to comply with all life safety, noise, and property maintenance requirements set forth in
the STR ordinance and Englewood Municipal Code.
____ I acknowledge and grant the City of Englewood the right of inspection at any reasonable time.
_________________________________ ________________
Signature of Applicant/Owner Date
Page 72 of 76
2.1 IM I1 mt
Theyabide by
the same
parking
enforcementas
any other
residential
propertyin the
zone they reside
in.
No,unless
they have a
short-term
rental license
alreadyand
do not allowit
to expire (no
grace period).
Arvada
Aurora
Boulder
notin
Yes
Yes
N/A
546
Business
l.icense/
Lodger's
Tax +
$26
renewal
$105 STR
license (4
years)+
$25
Business
License
tee
(one—time)
N/A
8%Lodgei’s
Tax and
applicable
state tax
depending
on county
7.5%
Accommodat
ionTax
N/A
Wherever
residential
uses are
allowed,
including
ADU's
Any
residential
zone;ADU's
maynot have
a STR
licensegoing
forward
unless they
have a
short-terrn
rental license
alreadyand
do not allow
it to expire
(no grace
period).
NIA
Primaryresident
occupied (long—lenn
renters ok with
pennissionof
landlord);hosts do
not have to be
present
Mustbe the owner's
principalresidence
(residingin more
than hall the year).
ADUrules only
applyto those that
had them
establishedand
licensedon or prior
to January 03.
2019)
N/A
Carbon monoxidedetector
required;smokedetector
‘advised’and requiredin some
unitsby buildingcode
Smokeand carbon monoxide
detectorsmust meet Cityand
NationalFireAlarmand Signaling
Code requirements.Subject to
occupancy limits(3-4 unrelated
dependingon zoning)
N/A N/A
Business
license
numbermust
be postedon
alllistings;no
extemalsigns
No
RentalListing
MUST
INCLUDE
Maximum
Unrelated
Occupancy
and Rental
License
number.May
not be listed
untilrental
licenseis
completeand
issued.
N/
A
No
ns,Colorado Springs and Manitou SpringsCodes
ucatmna ateria rom e
Listing
Requirement
5 (Air B n B
VRBO etc.)
Parking ADU’s
Requireme regulated
Jurisdiction Allow:
yes or
g odel Fire CodeWhere
April2019Page 73 of 76
Page 74 of 76
Short Term Rental Codes in the Metro Area +Fort Collins,Colorado Springs and Manitou Springs
Based on PrimarySTR:Self-certilicationof health and License
pm ca”,-ns yes 3150STR LocalSales zoning.Not oocupiedby owner safely standards requiredbefore numbermust 1 Off-street
license.and Lodging allowedin forat least 9 months approval be ‘ncludedin space per every
annual l3X-l-°°kl"9 most of the year,and all advertising.2 rooms
renewal °l El l‘5Vl"9 low-density includesduplexesor airbnb has still
$100 neighborhoo carriagehouses if not provideda
ds.locatedon the same ?eld forthis so
Non-Primary propertyas primary 'not
onlyallowed Non-PrimarySTR currently
in zones that dwellingunits not happening.
allow occupiedbyowner
hotel/motels.more restricted(any
Onlyowners zone that allows
mayget non-primaryalso
ll°9"5e5-allowsprimary)
As T°“'l5l TouristHome:AGolden"|'°uri5[N/A N/A Homes;
‘
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l'l°"‘°5'v C°"““5l°'3l ?ve or fewerguest
"°STR‘z°"e5v R'3 roomsdesignedtoa:nefa"(SUP).R'2 5 be used on agamedlR-1 0""lal°'temporarybasis
streets
Ownersmust Awessory F.-
Greenwood notin N/A submlt buildingsin T°"§"‘NIA
Village code Lodging,3,,.,5;d.,,,ga1 requirements:Must N/A NIA NIA
‘Danyfor mes may gieetdelimtionof
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(transactions temporary 8 9l°"p °l l’e°l’l°
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