STR Regulation Questions
Hi BP Forum!
I recently moved to Denver and have been looking for a house hacking opportunity. In doing so, I have become very familiar with the zoning code and STR regulations, but had a few questions I was hoping this group could help answer with personal experiences dealing with getting rental licenses.
I have been looking for a SFH zoned for an ADU to use the ADU as a STR while I live in the primary residence. My understanding, based on research and a few email exchanges with the City, is the following:
- I can use or build a detached ADU if the property has the right zoning designation (B1, C1, etc) and meets the minimum lot size requirements (while I am living in the primary residence). If in the future I move out and decide to long term rent the primary residence, I cannot also rent out the ADU as the lot would not have a TU zoning and meet those requirements. Does anybody have experience with having a renter in the primary residence pull the STR license for the ADU if the property owner is not living in the primary residence? Or any other creative ideas on how the ADU could be used?
- If the property is zoned for an ADU, but does not meet the minimum lot size requirements, I could still have or build an attached ADU (i.e. basement apartment). My understanding is that for these situations, I do not have to have the basement apartment designated as an ADU if it has continuous access to the primary residence (i.e. no door to separate the two units). This wouldn't be a feasible option for me, so in going the route of having the basement apartment designated as an ADU it seems in addition to the typical requirements (bedroom egress, independent egress, kitchen, bathroom, etc) I have also been told the building requirements for fire separation between units will be required (as per 2018IRC, R302.3). Has anyone actually been flagged for this? To me that defeats the purpose of buying a finished basement/MIL suite knowing it's unlikely the original structure will meet fire code separation between units.
Appreciate any insight anyone has on this!