City Provides Clarification on Short-Term Rental Reservation Limits

STR Owners and Operators,

The Planning and Land Use Director has issued a written interpretation of the Frequency of Rental restriction, also referred to as the "7-day rule":

Frequency of Rental - A permitted short-term rental unit shall not be rented more than once in a seven-day period. The limitation set forth in this subparagraph shall not apply to rentals that begin between November 15 and January 15.

Section 14-5.3.C.12.e Frequency of Rentals aims to restrict rentals to not "more than once in a seven-day period," and provides for an exemption from this restriction for rentals that begin between November 15 and January 15. The Frequency of Rentals provision applies to "permitted" STRs, meaning those in residentially zoned districts. Short-term rental properties located in non-residentially zoned districts are not subject to the Frequency of Rentals restrictions.

This interpretation clarifies and defines the 'seven-day period' as one (1) reservation per week on average over the course of the applicable calendar year. Under this interpretation, a compliant property would be defined as a permitted STR that has forty-four (44) unique rentals or fewer over the course of the applicable calendar year.

As there are fifty-two (52) weeks in a year and the restriction is not applicable during eight (8) weeks, the balance of forty-four (44) weeks allows for a maximum of forty-four (44) unique rental reservations.

This interpretation supports the intent and purpose of the ordinance by clearly limiting the frequency of rental to one (1) reservation per seven (7 ) days on average, while allowing valuable flexibility for STR owners/operators in when they can accept reservations, and providing a clear and transparent metric for neighbors and enforcement staff to act upon in the event of a violation.

Please feel free to contact the STR office at 505-955-6687 or [email protected] for further explanation and to discuss if you are on the right path.

As always, thank you for your cooperation.

STR Office

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