Helpful also to review some local policies. Unfortunately, most communities
find STR regulation necessary, as the impact of STRs on communities can be
overwhelmingly detrimental - we certainly saw it prior to the fire, and
would like the Town to take active steps to define how Town of Superior
will ensure no imposition on neighbors, particularly those who have chosen
Original Town for its quieter and neighborly way of living in areas zoned
as Low-Density Residential R-L. Incredibly urgent for desirable communities
such as ours to be in front of STR regulations.
*Louisville - prohibited*
Population: 20,975 (2021)
https://www.louisvilleco.gov/home/showpublisheddocument/36528/638005680141900000
“Are short term rentals allowed in Louisville (e.g. VRBO or Airbnb)?
The Louisville Municipal Code prohibits short-term rental of dwelling
units. Properties are only allowed to be rented for a monthly or longer
leasing period.”
*Boulder - license and residency requirements, time limitations *
Population: 104,175 (2021)
https://bouldercolorado.gov/services/rental-housing-licensing-short-term
Requires licensing, rental property must be owner’s permanent residence.
The name on the license must be the same as the name in the deed for the
property, the owner must be a natural person, trust, or a nonprofit
organization.
*Unincorporated Boulder County - license and residency requirements*
https://bouldercounty.gov/departments/land-use/short-term-dwelling-vacation-rental-licensing/
*Lafayette - prohibited*
Population 121,771 (2021)
https://lafayette-listens.com/str
“The city of Lafayette’s zoning regulations prohibits short-term rentals,
thought dozens operate throughout the City today.”
*Lyons - license and** residency requirements, zoning restrictions *
Population: 2,208 (2021)
https://www.townoflyons.com/592/Short-Term-Rentals
On Tue, Dec 6, 2022 at 4:25 PM Bob McCool <bob@xxxxxxxxxx> wrote:
Hi Mandip,
Regarding ADU’s, our Land Use code requires that the owner be living on
the property in either the main house or the ADU. It does not currently
allow for an absentee owner (e.g. renting home and adu).
Currently there is no regulation regarding short-term rentals which is
what Megan and Gil were commenting on. If/When the Town addresses
regulations on Short Term Rentals (STR) that may impact what you can do. I
would expect that Short Term Rental regulations will apply regardless of
what your renting (Primary Residence, ADU, or another space in your home).
The regulations, in theory, could cover a number of things. For example:
1. A STR has to be defined.
1. What is it? (does it have to be an ADU, Primary residence, room
in either)
2. How long is a Short Term rental?
3. Where is it permitted or not permiited
2. Is a license required?
3. Are fees imposed?
4. Is a review required?
5. And many other things….
So, as of today, once you have an ADU you’re able to use it for regular
rental or Short term rental. When the Town addresses STRs then things will
change based on how the ordinance reads. Different communities have
different things they try to address with regulations. See Summit County’s
to get some idea. STR-Regulations (summitcountyco.gov)
<https://summitcountyco.gov/DocumentCenter/View/23986/STR-Regulations?bidId=>
Bob
*From:* originaltown-bounce@xxxxxxxxxxxxx <
originaltown-bounce@xxxxxxxxxxxxx> *On Behalf Of *Mandip Gill
*Sent:* Tuesday, December 6, 2022 12:06 PM
*To:* originaltown@xxxxxxxxxxxxx
*Subject:* [OriginalTown] Re: Fwd: STR Regulations Urgent/Overdue
What if we’re planning to build an ADU (for STR or regular rental) and
the primary home owner is still living on the property? Would this proposed
regulation inhibit that use case ?
Since I can’t afford to build a house without thinking about how I can
make extra income via renting , I wouldn’t want to inhibit options for
people in my situation.
Mandip Gill
On Dec 6, 2022, at 11:23 AM, Megan Williams <gmeganwilliams@xxxxxxxxx>
wrote:
Good morning, Gil~
I'm not sure STRs do us any favors. Short Term Rentals - like hotels - are
for *less than 29 days. *STRs are not about including month-to-month
renters who want to join in our community (which I am in support of), but
are more like hotel guests, passing through and "here for the party." STR
policy is critical to ensuring respectful neighborhoods and personal
safety.
*"What you hear from a lot of people is that we no longer have neighbors,
we now have hotels," said Wendy Sullivan, principal of WSW Consulting, and
organization that studies housing needs in tourism-based towns around the
West. "Everyone feels impacts, and they're not happy about them." *
https://www.skyhinews.com/news/colorado-conundrum-how-communities-around-the-state-are-handling-short-term-rentals/
Currently, Town of Superior is the ONLY community I am aware of in
surrounding areas that has no STR policy in place. Towns considerably
smaller than ours have developed policies to protect quality of life for
tax-paying residents from an endless stream of unvetted, unlicensed and
untaxed guests in STRs. For example, Town of Lyons, Population 2,208, has a
policy: https://www.townoflyons.com/592/Short-Term-Rentals Even Rock
Creek HOA has a policy dating back to 2015.
If Original Town will retain any of its former charm and neighborliness,
we must address this matter with urgency, or risk becoming a hotel-town
with a steady stream of univested strangers coming and going with their
rental cars and suitcases, inconveniencing all around them, while
proprietors pay no taxes, overburden Town infrastructure, and bear no
responsibility to their neighbors. I believe we have children and seniors
in OT who are relying on us to do better.
With Superior Love,
Megan
On Sat, Dec 3, 2022 at 10:11 PM Gilbert A. Espinoza <
fireseal42@xxxxxxxxxxx> wrote:
Megan, Maybe it’s ok now for short term rentals in old town…
Sent from my iPhone
On Dec 3, 2022, at 6:28 AM, Megan Williams <gmeganwilliams@xxxxxxxxx>
wrote:
Dear Town Board, Town Elders and Neighbors~
Five months ago, STR regulations for Town of Superior was raised as an
urgent and long-overdue need in our community, especially as many are
making plans to rebuild.
I am resending this email with questions and concerns to the new Town
Board and Mayor, in hopes that policy will be swiftly put in place to
protect STR abuses in the community (which were problematic prior to the
fire. Happy to share more on this).
I would appreciate a reply from Town Board and/or the Mayor on what steps
are being taken and when we may anticipate active STR regulations governing
the Town of Superior, and particularly the Original Town, which seems to
have B&B regulations prohibiting overnight stays for profit.
With Superior Love,
Megan Williams
Sent from my iPhone
Begin forwarded message:
*From:* Megan Williams <GMEGANWILLIAMS@xxxxxxxxx>
*Date:* July 5, 2022 at 6:53:09 AM MDT
*To:* Town Board <townboard@xxxxxxxxxxxxxxxxxxxx>, Original Town <
originaltown@xxxxxxxxxxxxx>
*Subject:* *STR Regulations Urgent/Overdue*
Dear Town Board, Town Elders and Neighbors~
I would like to thank Trustee Paige Henchen for raising the critical need
to establish STR Regulations for the Town of Superior. I would like to add
there is particular urgency within in the Original Town, which is not
governed by HOA policy, but reliant on Town Board for such pressing
matters.
A few items of note:
1. *The time is now*
During the working session, there seemed to be an idea that "we have time
on this". In fact, I would say, quite the opposite. Rock Creek HOA has had
STR regulations in place since 2015. Most if not all surrounding
communities also have had STR policy in place across many years. Our lack
of clear regulations has put STRs into a "grey area", in many cases
operating unlicensed, untaxed, unvetted in areas not zoned for the impact,
and at great burden to our infrastructure and risk to our residents.
2. *B&Bs are prohibited in the Original Town *
While there are nominal differences between Bed&Breakfasts and STRs (I see
B&Bs as the older and perhaps out-of-date sibling of the STR model), with
regard to Original Town, Superior Land Use Zoning is very clear - *Bed &
Breakfasts are not permitted in areas zoned **Low-Density Residential
(R-L) and require "Special Use Review" in areas zoned Medium-Density
Residential (R-M). *Because there is no official policy for STRs (ie.
AirBNB), a lack of updated Town of Superior policy (considering how B&B
regulations apply to STRs) has allowed for unlicensed, unregulated and
untaxed STRs to operate in the (R-L) zoned areas. STRs, like their
predecessors B&Bs,, are run for profit, and should be licensed to operate
in areas of our Town zoned for them. In my opinion, and in the opinion
shared by many in the Original Town, these businesses are detrimental to
community values, regardless of potential revenue generation. Imagine what
3 guests x 30 nights (90) x 12 months (1,080) x 10 STRs (10,800). Now
imagine 100 STRs? These exponential numbers are not the intent of occupancy
clauses stating no more than 3 unrelated people. This must be addressed
ASAP, and with adherence to the intentions of established Town Zoning,
particularly in the Original Town, Low-Density Residential R-L
and Medium-Density Residential R-M. Unequivocally, and importantly, as many
begin to rebuild.
3. * Lack of Code brings danger *
Without licensing and proper screening, we have no idea who has or will
stay in our community, putting our elderly, children, and really everyone
in a very vulnerable predicament. While we like to believe in the best of
people, unfortunately many stand ready to take advantage of lax screenings,
bringing the possibility of significant danger to our Town. There is a
reason hotel guests are required to present identification and credit card
in a hotel - it is a matter of security, and this matter has been grossly
lacking while unlicensed STRs have operated.
4. *Resources*
It is challenging for smaller communities to envision the detrimental
effects of STRs until it's often too late. (Thank you again, Trustee
Henchen for making this valid point). I'm enclosing a series of links I've
shared with respected Elders of our community, and would also like to share
them with you. While we are all hard working citizens and respect the right
of others to make a living, we do not respect a living made at great
expense to our Town, citizens and way of life, particularly if it is in
direct violation of the intention of Land Use Codes.
*"What you hear from a lot of people is that we no longer have neighbors,
we now have hotels," said Wendy Sullivan, principal of WSW Consulting, and
organization that studies housing needs in tourism-based towns around the
West. "Everyone feels impacts, and they're not happy about them." *
https://www.skyhinews.com/news/colorado-conundrum-how-communities-around-the-state-are-handling-short-term-rentals/
https://www.wolterskluwer.com/en/expert-insights/5-legal-and-regulatory-considerations-for-short-term-rentals
https://coloradosun.com/2021/07/26/short-term-rentals-colorado-mountains-tourism-housing-labor/
https://travelonthehouse.com/hate-short-term-rentals/
https://www.forbes.com/sites/garybarker/2020/02/21/the-airbnb-effect-on-housing-and-rent/?sh=36952eae2226
https://cl.cobar.org/features/the-state-of-short-term-rentals-in-colorado/
5. *important to our Community *
I believe our Town is behind in protecting our community from STRs, and
the lasting, negative effects of casting away renters who are invested in
our Town, in exchange for Transient Occupancy. In the case of Original
Town, I believe STRs have been operating in a "grey area" in Low-density
Residential R-L neighborhoods - and just beyond neglected B&B policy, now
desperately requiring Town Board updates. These STRs seem in gross
violation of the intent of zoning codes, at great profit, and significant
inconvenience and risk to our neighbors, all while paying no taxes and
greatly burdening Town infrastructure. I am eager to see the STR policy
prioritized and updated to reflect the intent of the B&B policies. As we
look to rebuild and return to the Original Town, we hope it will retain
some of the character and neighborliness we have long valued.
Please do let residents know of future working sessions regarding this
important update to Town regulations.
With Superior Love,
Megan Williams
405 South Third Avenue
Superior CO 80027
