DC-19-0005: Boulder County Land Use Code Text Amendments related to Lodging Uses - Short-Term Dwelling Rentals and Bed and Breakfast

Past Public Hearing – Two-year Review

Board of County Commissioners (BOCC) Public Hearing: Docket DC-19-0005: Two Year Review of Short-Term Dwelling Rental and Vacation Rental regulations – Jan. 17, 2023

Two-year review of the Short-Term Rental and Vacation Rental Regulations and Licensing Ordinance, as required by Resolution 2020-104 approving Docket DC-19-0005 Text amendments to the Boulder County Land Use Code related to the Short-Term Dwelling Rental and Bed and Breakfast Lodging Uses. View the public hearing or the staff report for Jan. 17, 2023.

Implementation and review process for DC-19-0005 Short-Term Dwelling Rentals Text Amendments

Information and Public Listening Session on Short-Term and Vacation Rentals, Dec. 12, 2022

Boulder County Community Planning & Permitting hosted an information and listening session on Dec. 12, 2022, for the two-year review of the county’s Short-Term and Vacation Rental Land Use Code regulations, Licensing Ordinance, and enforcement processes. Staff provided information and a timeline for the two-year review, and held listening sessions in virtual breakout rooms to hear from members of the public.

Background

Boulder County updated Land Use Code regulations related to Short-Term Dwelling and Vacation Rentals in 2021. The final text amendments were signed by the Board of County Commissioners (BOCC) on Jan. 5, 2021, and became effective Feb. 7, 2021.

Licensing for short-term rentals began on March 1, 2021 and compliance and outreach began in March 2022. The required review was initiated in August 2022. Staff presented an initial review of land use applications for short-term rentals to the Board of County Commissioners (BOCC) and Planning Commission on October 19, 2022. View the staff presentation and supporting documents.

According to the approval Resolution 2020-104, the efficacy of the Land Use Code amendment must be reviewed within two years of adoption, but no sooner than one year following full implementation. In accordance with this requirement, staff established criteria and metrics for review. The criteria include:

• Existing short-term and vacation rental regulations in the Land Use Code meet the intent of policymakers, decision-makers have sufficient guidance to make decisions, and existing levels of review are appropriate;
• Existing licensing requirements are appropriate, verifiable, and promote desired safety standards;
• Proactive enforcement to achieve compliance with Land Use Code and licensing ordinance.

The metrics, which will help staff measure progress on achieving the above criteria, are both qualitative and quantitative. Qualitative metrics include a review of best practices, land use applications for short-term rentals, the licensing requirements, and enforcement efforts to date. Quantitative metrics include statistics about land use reviews, licenses issued, code compliance, and monitoring efforts supported by the county’s third-party vendor.

Approval of Short-Term Dwelling Rentals Text Amendments and Licensing Ordinance No. 2020-01 by the Board of County Commissioners, Effective February 7, 2021

On December 3, 2020, the Board of County Commissioners (BOCC) held two separate public hearings to consider the final adoption of the proposed Short-Term Dwelling Rental and Bed and Breakfast Text Amendments and the proposed Short-Term Rental Licensing Ordinance (No. 2020-01).

First, the BOCC held a public hearing for and approved Docket DC-19-0005: Text Amendments to the Boulder County Land Use Code related to the Short-Term Dwelling Rental and Bed and Breakfast Lodging Uses subject to the following conditions:

1. The Text Amendments shall only be effective if adopted concurrently with Ordinance No. 2020-01: An ordinance by the Board of County Commissioners for the County of Boulder for the Licensing of Short-Term Dwelling Rentals and Vacation Rentals within the unincorporated area of Boulder County.
2. The efficacy of the Land Use Code Proposed Amendments must be reviewed within two years of adoption, but no sooner than one year following full implementation. The criteria and metrics for review must be established as part of the implementation plan.
3. Staff removes the one-acre minimum in the Vacation Rental Use category in Article 4-507(E).

The final Text Amendments were signed by the BOCC on January 5, 2021, incorporating the conditions the BOCC outlined above. View Resolution 2020-104, effective February 7, 2021.

Second, the BOCC held a public hearing for and approved Ordinance No. 2020-01 subject to the following conditions:

1. Staff work with the Boulder County Wildfire Mitigation Team to edit Section 6(A)(3): Outdoor Fires, to make sure this provision provides the safest possible restrictions and protections for Boulder County.
2. Staff must eliminate the requirement of posting the License in a prominent location outside of the Dwelling Unit for both guests and neighbors to see in Section 6(A)(6): Posting of License.

The final draft of the Licensing Ordinance was adopted by the BOCC December 3, 2020, incorporating the conditions the BOCC outlined above. View Ordinance No. 2020-01, effective February 7, 2021.

Documents:

• Resolution 2020-104
• Ordinance No. 2020-01
• Final draft of the DC-19-0005 Text Amendments
• Final draft of the Licensing Ordinance
• Video of Dec. 3, 2020 Public Hearings
• Staff presentation on Dec. 3, 2020
• Staff report for DC-19-0005 on Dec. 3, 2020
• Staff report for Licensing Ordinance No. 2020-01, on Dec. 3, 2020

Draft Short-Term Dwelling Rental and Bed & Breakfast Land Use Code Language and Associated Licensing Ordinance as of August 26, 2020

After receiving input from the public, reviewing neighboring jurisdictions’ regulations, and additional research, staff has drafted proposed Text Amendments to Article 4 of the Boulder County Land Use Code along with a Licensing Ordinance to regulate Short-Term Dwelling Rentals and Bed & Breakfast uses. Public input was requested on these drafts. A Virtual Open House was held on September 17, 2020 to discuss the draft language.

View the proposed Short-Term Dwelling Rental and Bed & Breakfast Land Use Code Text Amendments as of August 26, 2020. You will find the existing Land Use Code language in the draft, with strikethroughs. The new language is found in red. The docket review process for these proposed Text Amendments to Article 4 of the Land Use Code will include a public hearing before the Boulder County Planning Commission and the Boulder County Board of County Commissioners (following recommendation from the Planning Commission). Public comment will be taken at both hearings. Confirmation of hearing dates and times will be published here and in local newspapers.

View the proposed Licensing Ordinance as of August 26, 2020. All Short-Term Dwelling Rentals (excluding Bed & Breakfasts) will be required to get a license. This Licensing Ordinance is a stand-alone document, separate from the Text Amendments described above. However, both of these documents work together to regulate Short-Term Dwelling Rentals. The review process for the proposed Licensing Ordinance will include a first reading at a public meeting before the Boulder County Board of County Commissioners and a second reading at a public hearing before the Boulder County Board of County Commissioners. Public comment will be taken at the second reading. Confirmation of the public meeting and public hearing dates and times will be published online at the link above and in local newspapers.

Here is a brief summary of the proposed changes:

• Clarify the distinction in the Land Use Code among Bed and Breakfast, Short-Term Dwelling Rental, and Vacation Rental uses:
  • Bed and Breakfast: A principal lodging use where a facility is rented to one or more guest parties at a time, the owner or manager resides on-site during rental periods, and at least one meal per day is served to guests.
  • Vacation Rental: A principal lodging use where a single-family dwelling is not owner-occupied and is rented to one guest party at a time more than 60 nights per year.
  • Short-Term Dwelling Rental: An accessory residential use where a single-family dwelling is owner-occupied or is rented to one guest party at a time 60 nights or fewer per year.
• Introduce a Short-Term Dwelling Rental and Vacation Rental licensing program through the adoption of a Licensing Ordinance that coordinates with the proposed Land Use Code text amendments.

Past Public Meetings and Hearings

Board of County Commissioners (BOCC) Virtual Public Hearing: Docket DC-19-0005 and the Short-Term Dwelling Rental Licensing Ordinance, Dec. 3, 2020

The Board of County Commissioners held two separate public hearings to consider the final adoption of the proposed Short-Term Dwelling Rental and Bed and Breakfast Text Amendments and the proposed Short-Term Rental Licensing Ordinance 2020-01, on Dec. 3, 2020.

Item No. 1: Community Planning & Permitting Department Docket DC- 19-0005: Proposed Boulder County Land Use Code Text Amendments related to Lodging Uses – Short-Term Dwelling Rentals and Bed and Breakfast. Public testimony will be taken.
BOCC Action Requested: Approval /Adoption

Item No. 2: Second Reading of the Boulder County Commissioners’ Ordinance No. 2020-01: An Ordinance by the Board of County Commissioners for the County of Boulder for the Licensing of Short-Term Rentals and Vacation Rentals within the Unincorporated Area of Boulder County.
BOCC Action Requested: Approval /Adoption

View or download the staff recommendations for each public hearing:

• DC-19-0005 Text Amendments staff report to BOCC for Dec. 3, 2020
• DC-19-0005 Licensing Ordinance 2020-01 staff report to BOCC for Dec. 3, 2020

Staff has not changed the proposed Short-Term Dwelling Rental and Bed & Breakfast Text Amendments since the Planning Commission Hearing on Oct. 21, 2020. Instead, staff addressed the public testimony and written public comments and Planning Commission’s directive in the Staff Recommendation for the Text Amendments.

Staff made minor changes to the Licensing Ordinance since the version published as part of the Planning Commission hearing on October 21, 2020. View the changes shown in redline.

Board of County Commissioners Public Meeting: Short-Term Dwelling Rental Licensing Ordinance, Nov. 12, 2020

County Attorney’s Office: First Reading Ordinance 2020-1 – An Ordinance by the Board of County Commissioners for the County of Boulder for the Licensing of Short-Term Dwelling Rentals and Vacation Rentals within the Unincorporated Area of Boulder County. No public testimony was taken at this meeting.
Action Requested: No Action / Information Only

• View the meeting memorandum and draft Ordinance 2020-1
• View the video of the Nov. 12, 2020 BOCC Public Meeting

Planning Commission Public Hearing, Oct. 21, 2020

The Boulder County Planning Commission held a public hearing on Oct. 21, 2020. The Planning Commission recommended that the Board of County Commissioners approve Docket DC-19-0005 Short-Term Dwelling Rental and Bed and Breakfast update and adoption of the proposed text amendments with the following condition:

1. The Board of County Commissioners concurrently adopts the proposed Short-Term Rental and Vacation Rental Licensing Ordinance.

Additionally, the Planning Commission directed staff and the Board of County Commissioners to consider the following:

1. Reduce the minimum acreage below the one-acre minimum in the Vacation Rental Use.
2. Increase the 60 day limitation in the Secondary Dwelling Accessory Short-Term Rental Use.
3. Establish a waiver or other process to ask for an exception for all of the use categories.
4. An administrative process for the Secondary Dwelling Accessory Short-Term Rental Use.
5. A review of the efficacy of these Text Amendments and Licensing Ordinance after they get implemented (perhaps annually).
6. Further mechanisms for communication with the public to demonstrate what the regulations currently are and how they will be changing.

Documents:

• Video of Oct. 21, 2020 public hearing
• Agenda for Oct. 21, 2020
• Staff report for Oct. 21, 2020 (includes the latest draft of the Text Amendments and the Short-Term Dwelling Rental Licensing Ordinance)
• Public comments received after October 14, 2020

Virtual Open House, September 17, 2020

A Virtual Open House was held on Thursday September 17, 2020. For those unable to attend, feel free to view the recording of the open house or view the presentation materials. This presentation reviewed the proposed language for the Short-Term Dwelling Rental and Bed & Breakfast Land Use Code update along with the associated Licensing Ordinance. Throughout the presentation, we had polling questions for attendees. View the polling results. We also had two small group sessions following the virtual open house. View the recording from small group number 1 and small group number 2.

Staff reviewed all public comments, referral comments from internal and external agencies, and conducted additional research. Staff then updated the proposed language for the Short-Term Dwelling Rental and Bed & Breakfast Land Use Code update and Licensing Ordinance informed by the public and referral comments along with the additional research.

Virtual Open House, July 30, 2020

A Virtual Open House was held on Thursday, July 30, 2020, to review the latest public input to date. View the video recording of the open house.

Thank you to everyone who was able to participate in our Virtual Coffee with a Planner Sessions and Virtual Open House. We have appreciated your input.

For those of you who couldn’t attend either opportunity, please review the presentation from the Virtual Open House. This will have a brief review of what our current code requires for Short-Term Dwelling Rentals and Bed & Breakfasts, how and why we are proposing to change the code language, what feedback we have heard thus far, and what next steps we are taking. We also had two breakout sessions at the Virtual Open House. View the presentations with polling results:

• Virtual Open House presentation, July 30, 2020
• Accessory and Seasonal Short-Term Dwelling Rentals breakout session, July 30, 2020
• Vacation Rentals and Bed & Breakfasts breakout session, July 30, 2020

Staff is now in the process of drafting the regulations.

Currently, we anticipate presenting the changes to the Planning Commission on October 21, 2020. Subsequent to the Planning Commission hearing, the Board of County Commissioners’ hearing on the final adoption of the new regulations is anticipated to occur in November or December 2020. The implementation of regulations will then likely happen in early 2021. The schedule has not yet been finalized and specific dates will be determined later. Please keep tabs on this website, or sign-up for updates to stay posted for more information.

Survey on Short-Term Dwelling Rentals in Unincorporated Boulder County, Fall 2019

Boulder County sent out an informational survey polling the public for thoughts on regulating short-term dwelling rentals. This survey was open from Oct. 28, 2019 through Dec. 2, 2019 and there were 1,567 total respondents. Some notable results include:

• More than 85% of respondents felt as though there should be short-term dwelling rentals in Boulder County with varying levels of oversight.
• More than 74% of respondents thought there should be a local management requirement.
• A majority of respondents felt as though there should be some form of owner-occupancy requirement.
• 76% of respondents did not think a minimum-stay was appropriate.

View or download the full survey responses. Note, this was an informational survey and thus not intended to be a representative sample of Boulder County.

Staff’s preliminary outline for regulation

Based on survey results, discussions with the public, and a review of other jurisdictions’ regulations, staff’s preliminary outline for the draft regulations were as follows:

• Short-term dwelling rentals will be required to have a Boulder County license and follow specific license regulations, very similar to Boulder County’s Marijuana Licensing Program. County governments in Colorado were recently granted licensing authority through HB-20-1093.
• There will be two separate categories of uses for Short-term Dwelling Rentals:
  • An Accessory Residential Use: This use will be on properties where there is a Principal Use as a single-family dwelling. There will likely be some residency or owner-occupancy requirements for this use. This use might be appropriate for an administrative review.
  • A Lodging Use: This use will be for houses that are used primarily for short-term rentals and not primarily used as a single-family house. This use will likely require a more intensive review, including a public hearing.

The timeline for this update is to provide proposed draft regulations to the Boulder County Planning Commission in the fall of 2020. Sign-up to receive Planning Commission meeting notices via email or text message.

Background

On July 2, 2019, the Board of County Commissioners authorized staff to pursue text amendments to Article 4-507 of the Boulder County Land Use Code related to two Lodging Uses: Short-term Dwelling Rentals and Bed and Breakfast. The existing use provisions for Short-term Dwelling Rentals (STRs) were created in 2008 as part of DC-07-002.

The proposed changes are for the unincorporated areas of Boulder County, not in cities like Boulder or Longmont. Boulder County’s unincorporated areas comprise the rural, mountainous and plains communities that are not a part of any incorporated municipality.

The use provisions need an update considering current development, housing availability, and economic conditions in the county. Best planning and land use regulation practices regarding STRs have evolved significantly since the existing use provisions were put in place. In addition, staff has heard input from county residents that the existing regulations do not adequately address the impacts of STRs. Staff intends to explore updating use provisions related to owner-occupancy, business registration, neighborhood compatibility, rental frequency, and preventative safety. Staff also intends to update the definition and provisions for the Bed and Breakfast (BnB) use and clarify the distinction between the Short-term Dwelling Rentals and Bed and Breakfast uses.