HomeMy WebLinkAbout2020 Ordinance No. 005BY AUTHORITY
ORDINANCE NO. 5
SERIES OF 2019/2020
COUNCIL BILL NO. 47
INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE AMENDING TITLE 16, CHAPTER 5 OF THE
ENGLEWOOD MUNICIPAL CODE 2000, PROVIDING FOR SHORT
TERM RENTALS TO BECOME AN ALLOWED USE IN R-1-A, R-1-B, R-
1-C, R-2-A, R-2-B, M-1, M-0-2, MU-R-3-A, MU-R-3-B, MU-R-3-C, MU-B-1,
AND MU-B-2 ZONING DISTRICTS, ALL WITHIN THE CITY OF
ENGLEWOOD, COLORADO.
WHEREAS, the City of Englewood ("Englewood" or "City") is a home rule 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 amend Title 16, Chapter 5, Section 2, and to adopt
Title 16, Chapter 5, Section 6, to provide for Short Tenn Rentals to become an allowed use in R-
I -A, R-1-13, 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-I and
MU-B-2 zoning districts;
WHEREAS, in accordance with Englewood Municipal Code 16-2-6(F)(2) 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 to make the proposed
amendment consistent with the Comprehensive Plan, and the amendment is necessary to promote
the public health, safety, or welfare of the community; and
WHEREAS, the Englewood City Council finds and declares that the amendments to Title 16,
Chapter 5, Section 1(c), and adoption of Title 16, Chapter 5, Section 6 to the Englewood Municipal
Code providing for short-term rentals as set forth herein are proper to meet the reasonable needs
and desires of the City and to the promote 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 a residential dwelling unit that provides nightly or weekly
rental, with or without a breakfast, of all or some portion of such dwelling unit for less
than thirty days, all in accordance with all applicable laws and regulations. (See
definitional section below).
B. Zoning Districts. On and after April 1, 2020, STRs are allowed in the following zone
districts: R-1-A, R-1-B, R-1-C, R-2-A, R-2-13, M-1, M-0-2, MU-R-3-A, MU-R-3-B,
MU-R-3-C, MU-B-I, 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.
D. Enforcement. Enforcement of the provisions of this Section shall be in conformance with
Chapter 10 of this Unified Development Code, as may be amended.
E. Definitions. The following definitions are applicable to this section:
Applicant: The owner(s) of the real property for which a short term rental operating
permit, rental registration, and business license is sought. If a property has multiple
owners, including joint ownership by spouses, all persons with an ownership interest
must sign the operating permit application and the business license application.
ADU: An Accessory Dwelling Unit.
Bed and Breakfast: Another term for 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.
Enforcement Officer: The provisions of this Chapter shall be administered and
enforced by the City Manager of the City of Englewood, or designee. The enforcement
officer, who may be a zoning enforcement officer, code enforcement officer, fire
inspector, or building inspector, 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.
Hosting Platform: Any person or entity that facilitates reservations or payments
between a Short -Term Rental Licensee and a person seeking lodging accommodations
for a period of less than thirty (30) consecutive days.
Long Term Lease: The lease or rental of a property for thirty (30) days or longer.
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 Section.
2
Owner: The person(s) or entity listed on the title to the property as found on an Arapahoe
County Deed of Record. Such person(s) are also the person(s) 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(s) of the dwelling unit that has a valid STR operating permit,
rental registration, and business license.
Primary Residence: Means a residence which is the usual place of return for housing as
documented by a current State or Federal filed income tax return cover page showing the
primary residence (with sensitive information redacted) and at least one of the following
documents: motor vehicle registration, Colorado driver's license or Colorado
identification card, or voter registration. 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, for less
than thirty (30) days, with or without a breakfast, 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".
Section 2. Amendment of Title 16, Chapter 5, Section 1(C). Title 16, Chapter 5, Section
l(C) of the Englewood Municipal Code shall be amended as follows:
§16-5-1: - Table of Allowed Uses.
C. Table of Allowed Uses.
TABLE 76 5 1 1 TABLE QP At OWED USES=
P-= PERMITTED USE C CONDITIONAL USE-/fi==ACOES50RY
USE T TEMPORARY
USE .
LIMITED=t1SE
-
`= •,='�_ --' ." �L= �� -� � "
C'A� ACCESSORY USE APPROYED`CONDITIONALL�Y L=A ACCESSORY USE APPROVED:-'
�s �.r USE$PROCEDURE
:1NkTH:LIMITED
Res�dentlal
InC'
Nonresidential
Addition
MU
al
Use Cat g ry
Use Type
R
R
R
R
R
"MU
- T--,
=3
'R
'AII:
B
U S'
B
I
I
Regulati
ons
AB_CAB
3
3
1
A`
1
2
4
a
A
B-"
01,2
-C
RESIDENTIAL USES
Group living
16-5-
facility,
C
C
C
C
C
P
P
large/special
2 A 1
Group Living
Group living
P
P
P
P
P
P
P
P
P
P
P
P
P
16-5-
facility, small
2.A.1
Small treatment
C
C
C
C
C
P
P
16-5-
center
2.A.1
Live/work
P
P
P
P
L
L
16-5-
dwelling
2.A.2
Manuf
pared
homTq
ff2A3
16-5-
Multi-unit
2.A.4
dwelling
P
P
P
P
P
P
P
P
P
P
16-6-
1.C.4
Household Living
16-5-
One-unit
2.A.5
dwelling
P
P
P
P
P
P
P
P
P
P
16-5-
2.A.6
One -unit
dwelling on a
P
P
P
P
P:
P
P
P
p
p
16-5-
small lot
2.A.6
FBoarding or
rooming house
C
C
C
C
C
C
C
2 A 7
PUBLIC/INSTITUTIONAL USES
Not -for -profit
Animal Shelter
animal shelter
P
P
Housing
Emergency
shelter,food
C
C
Temporary Shelter
er
Government and
All other
City
buildings and IP
P
P
P
P
P
P
P
P
P
P
P
P
P
P
facilities not
0
specified under
the
public/institution
al uses
category
Library
Public
P
P
P
P
P
Museum/Cultural
All uses
I
ITFFI
P
P
P
P
P
P
P
Athletic field
C
C
C
C
C
C
C
C
C
P
P
Park and Open
Community
CC
C
C
C
C
C
C
Space
garden
ffCC
Park
P
PPPP
P
P
P
P
P
PP
P
PP
Religious
Religious Assembly
institutions and
P
P
PPP
P
P
P
P
P
L
L
L
L
L
associated
accessory uses
School
Education
P
PPPP
P
P
P
P
P
P
P
C
institution
Alternative
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Telecommunication
tower structure
Facility
Antenna(micro
(See Chapter 16-7,
'Telecommunication
wave antenna,
s,"for applicable
sectorized
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
use -related
panel antenna,
guidelines and
whip antenna)
standards)
Tower structure
C
C
C
C
C
C
C
C
C
C
C
C
C
P
P
RTD
maintenance
P
P
Transportation
facility
F c
Transit center
P
Utility Facility(not
Major utility
P
P
16-5-
including
facility
2.13.1
Telecommunication
Minor utility
Facility)
facility (as a
cc
cc
C
C
C
C
C
C
C
C
C
C
C
principal use of
land)
COMMERCIAL USES
All types as
16-5-
Adult Use
defined in
P
P
2.C.1
Chapter 16-11
Greenhouse/
nursery, raising
16-5-
Agricultural Use
of plants,
P
P
2 C 2
flowers, or
nursery stock
Animal shelter
P
P
Kennel/day
L
P
P
care
Animal Sales and
Service
Pet store (live
P
P
P
animal sale)
fp
Small animal
veterinary
L
L
P
C
P
P
hospital or clinic
Assembly hall
or auditorium,
hall rental for
p
P
P
C
P
P
meetings or
social
Assembly
occasions
Membership
organization
p
p
P
C
P
P
(excluding adult
use)
Dependent care
Dependent Care
center (less
C
C
C
C
C
P
P
P
P
p
p
p
C
16-5-
than 24-hour
2.C.7
care, any age)
0
Amusement
C
C
C
C
C
C
establishment
Hookah lounge
P
P
P
P
P
Entertainment/Amus
Physical fitness
P
P
P
P
P
P
ement:
center/spa
Indoor
Theater and
performance/co
ncert venue,
P
P
P
P
P
not including
adult
entertainment
Entertainment/
General
Amusement:
outdoor
C
C
C
Outdoor
recreation
Checkhing
facility
P
TTP
P
Financial
institution, with
L
P
P
drive -through
Financial Institution
service
Financial
institution,
P
P
P
P
P
P
without drive -
through service
Brew Pub
P
P
P
P
P
P
Caterer
P
P
P
P
Restaurant,
Food and Beverage
bar, tavern with
Service
orwithout
P
P
P
P
P
P
outdoor
operations
Restaurant,
with drive-
L
P
P
through service
7
p
wnuo;ewajp
8'07
(Pallwll)
9
d
d
d
d
d
d
d
d
d
d
Z adA 'aop
aowp
(lejaua6)
d
d
d
d
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d
d
d
d
6 adf(1'eoL40
fain;oe;nuew
O q
s;onpad
9 91
d
d
V
`d
V
pasn;ul
£6 O Z
euenfuew
-9-9 6
leolpaW
uol;ejado
6'O'b
uol;enl;lno
-9-91
seslwaid
euenfuew leolpaW
£L�O'Z
d
d
H
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leuogdo
-9-91,
euenfuew
leolpaW
q
b 6 0.117
Ja;ueo
9 96
d
d
d
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euenfuew
£VO'Z
leolpaW
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(leogdo jo
d
d
d
d
d
d
d
d
d
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leolpaw 'le;uep)
do;ejogel
aolnlag
d
d
d
d
d
I d
I
I
I
I
I
I
I le;ldsoH
oil;ualos/leolpaW
d
d
d
d
d
d
d
d
d
I
I
I
I
I olull0
Aluo l�anllaP
d
d
d
pue;noamel
(tiauim
Jo ljallRsld
O
O
O
O
0
'tiaMai9 Wm
pa;eloosse)
woos sales
Dry cleaner,
drop-off site
P
P
P
P
P
P
only
Instructional
P
P
P
P
P
service
ge
PPPPPPPP
terapy
Mortuary
11
P
P
Personal care
P
P
P
P
P
P
Retail Sales and
Service
Service:
(Personal Service)
photography
studio and
photo lab,
P
P
P
P
P
P
upholstery,
printer,
locksmith, tailor
Tattoo and
body -piercing
P
P
establishment
Temporary
15-5-
employment
C
C
2 C.11
iness
Equipment 7
L
P
P
rental
Retail Sales and
Service__TT
(Repair and Rental)
Repair shop
(not including
P
P
P
P
P
P
auto)
Antique store
P
P
P
P
P
P
Art gallery
ITT
P
P
P
P
Retail Sales and
Service (Sales)
Auction house
P
P
P
Buy-back,
P
P
P
P
second-hand,
0
thrift,
consignment
stores, large
Buy-back,
second-hand,
thrift,
P
P
P
P
P
consignment
stores, small
Convenience
P
P
P
P
P
store
Grocery/specialtyfo
P
P
P
P
P
P
food
Internet les
P
P
P
P
location
Liquor store
P
PM
P
P
P
Pawnbroker
P
P
2.0 10
For TSA,
Pifs
20,000
Retail sales,
sq. ft.,
P/
C if>
general
P
P
P
C
P
P
20,000
merchandise
ft.
sq.
of gross
leasable
floor area
School
Trade or
P
P
P
C
P
P
16-5-
business school
2.C.12
Radio/television
broadcasting
Studio
studio,
P
P
P
P
recording/film
studio
10
Automoble
P
P
P
pawnbroker
2.0 10
Automotive
L
P
P
sales, re
rental
2.C.3
Automotive
service and
16-5-
repair, including
P
P
2.C.4
body or fender
work
Automotive
service and
16-5-
repair, not
L
P
P
2.C.4
including body
or fender work
Automotive
service station
L
P
P
16-5-
(gasoline
2.C.5
facility)
Vehicle and
Equipment
16-5-
Car wash, auto
2.C.6
detailing
L
L
L
16-5-
2.C.4
Commercial
storage of
16-5-
operable
P
P
2.C.3
vehicles
Fuel dispensing
L
I
P
P
Parking facility,
16-5-
structure
2.C.3
(operable
C
C
C
C
L
L
C
P
P
16-5-
2.C.9
principal use
16-5-
Parking area,
2.C.9
surface
C
C
C
C
L
L
C
P
P
16-5-
J
I
(operable
2.C.3
11
vehicles),
principal use
Recreational
vehicles and
boats, sales or
P
P
rental
Bed and
P
P
P
P
P
p
P
P
P
P
P
P
P
5-31
breakfast
Hotel
P
P
P
P
P
Accomlsitor modation
Hotel, extended
P
P
P
iey
Short Term
P
P
P
P
P
p
P
P
P
P
P
P
5-31
Rental
Wholesale
p
P
distlrib t n
MANUFACTURING/INDUSTRIAL USES
16-5-
Industrial
2.D.3
service, light
C
P
P
(TSA
Industrial Service
only)
Industrial
P
service, heavy
Brewery
C
C
C
P
P
2.0 14
Manufacturing,
Distillery
C
C
C
p
p
Including
2.4
C 1
.
Processing,
16-5-
Fabrication,
or Assembly
Winery
C
C
C
P
P
2.C.14
Manufacturing,
C
p
16-5-
light
1p
2. DA
12
(TSA
F--i
only)
Manufacturing,
P
heavy
storage
(print pal use)
Mini -storage
P
P
facility
Moving and
P
P
storage
Warehouse/Storage
Outdoor
P
P
16-6-7.G
storage
TT
Storage yard
for vehicles,
16-5-
equipment,
P
P
2.D.6
material, and/or
supplies
Warehousing
P
P
and/or storage
Automobile
16-5-
wrecking/
C
P
2 D 1
salvage yard
Commercial
C
incinerator
Waste/Salvage
Hazardous
C
C
16-5-
waste handling
2.D.2
Recycling
operation, all
processing
P
p
16-5-
occurs within
2.D.5
enclosed
structure
13
Recycling
operation,
some or all
16-5-
processing
C
C
2 D.5
occurs outside
an enclosed
structure
Sanitary service
C
Waste transfer
station (not
including
C
C
hazardous
waste)
ACCESSORY USES - See Section 16-5-4 for additional regulations
Household Living
(Accessory to
Accessory
Principal One -Unit
Dwelling Unit
AAA
A
A -
Detached Dwelling
Uses Only)
Adult
C
A
AAAA
A
A
A
A
A
dependent care
Family child
C
AAAA
A
A
A
A
A
Home Care
care home
A
Accessory Uses
(Accessory to
Principal One -Unit
Dwelling Uses Only)
Infant/toddler
C
AAAA
A
A
A
A
A
home
-
A
Large child care
L
L
L
L
home
A
A
A
A
Caretaker's
g
q
AA
A
A
Other Accessory
quarter
Uses
Dormitory
I
A
A
A
14
Home
occupation
AAAA
A
A
A
A
A
A
4.C51
Minor utility
L
L
L
L
L
L
L
L
L
L
facility (as
L
L
16-5-
accessory use
L-A
L-A
L-A
A
A
2.6.1
A
A
A
A
A
A
A
A
A
A
of land)
Parking area
A
A
A
A
A
A
A
A
A
A
A
16-5-
(surface)
4.C.2
Parking garage
A
A
A
)
Satellite dish
16-5-
antenna
A
A
A
A
A
A
A
A
A
A
AA
A
AA
4.C.3
Servfacilityts or
A
A
A
A
F
4.C.4
Swimming pool
A
A
A
A
A
A
A
A
A
A
AA
A
AA
16-5-
4. C.5
Wholesale
16-5-
saless anod
A
A
AA
4.C.6
TEMPORARY USES - See Section 16-5-5 for additional regulations
Car wash
T
T
T
T
T
T
I T
T
T
T
T
T
T
T
T
Expansion or
replacement of
T
T
T
T
T
T
T
T
T
T
T
T
T
T
existing
facilities
Farmers market
T
T
T
T
T
T
Food vendor
T
T
T
T
T
T
T
carts
Mobile storage
(with or without
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
building permit)
15
Real estate
sales or leasing
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
office (also
model homes)
Outdoor sales
(e.g., tent sales,
parking lot
sales, seasonal
sales,
T
T
T
T
T
T
windshield
repair, sales
from retail
vendor carts,
etc.)
Special event
(e.g., carnival,
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
bazaar, fair)
Tents, canopies
I T
T
T
T
T
I T
I T
T
T
I T
T
T
I T
T
T
USES NOT
See 16-5-1.13 for procedures and criteria for approving unlisted
MENTIONED
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
W
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 3rd day of February, 2020
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 6th day
of February, 2020.
Published as a Bill for an Ordinance on the City's official website beginning on the 5th day
of February, 2020 for thirty (30) days.
Read by Title and passed on final reading on the 18th day of February, 2020.
Published by Title in the City's official newspaper as Ordinance No. 5, Series of 2020, on
the20th day of February, 2020
Published by title on the City's official website beginning on the 19'h day of February, 2020
for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Linda Olson, Mayor
ATTEST:
phanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
Title as Ordinance No. 5, Series of 2020.
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