Commerce City, CO Short-Term Rentals: Primary-Residence-Only Rule (2026)
Key Facts
- Occupancy standard
- Dwelling used as residence majority of the year
- Accessory-use rule
- STR cannot be the dwelling's primary use (§21-5263(2))
- ADU workaround closed
- Can't rent main house while living in the ADU
- Simultaneous rental barred
- No renting both units under separate contracts at once
- Governing section
- LDC § 21-5263(2),(6),(7), Short Term Rentals
Summary
Commerce City requires a short-term rental to remain a secondary use of an occupied home, not the property's sole purpose. Land Development Code section 21-5263(2) mandates the dwelling be occupied and used as a residence for the majority of the year, and section (6) bars renting the principal home while the owner lives full-time in an accessory dwelling.
(2)Accessory use only. In zone districts, where permitted, short-term rentals shall be clearly incidental and subordinate to the principal use of a single-family detached or single-family attached dwelling unit on the lot on which the short-term rental is located. A short-term rental cannot be the primary use of the dwelling unit. The dwelling unit must otherwise be occupied and utilized as a residential dwelling unit for the majority of the year. ... (6)Accessory Dwellings. On lots where there is both a single-family dwelling unit and accessory dwelling unit, short-term rentals are allowed in either dwelling unit; however, a short-term rental cannot be operated in the principal single-family dwelling unit by a person maintaining their primary residence in the accessory dwelling unit only. The principal single-family dwelling unit must be occupied as a long-term residence when not being utilized for a short-term rental per subsection (1) above.
Full Breakdown
Land Development Code section 21-5263(2) makes short-term rental use strictly accessory: it must be clearly incidental and subordinate to the principal use of a single-family attached or detached dwelling, cannot become the dwelling's primary use, and the unit must otherwise be occupied and utilized as a residential dwelling unit for the majority of the year. In practice, that bars converting a home into a full-time, investor-owned short-term rental with no genuine residential occupancy. Subsection (6) closes a workaround for properties with an accessory dwelling unit: where a lot has both a principal single-family home and an accessory dwelling unit, short-term rentals are allowed in either dwelling, but the principal home cannot be short-term rented by someone who actually lives full-time in the accessory dwelling, because the principal dwelling must be occupied as a long-term residence whenever it is not being used as a short-term rental.
Subsection (7) reinforces the same primary-residence intent by barring simultaneous short-term rental of both the principal dwelling and its accessory dwelling under separate contracts at the same time. Together these subsections keep short-term rentals tied to a genuinely occupied home rather than a stand-alone rental property, and a short-term rental license under municipal code section 9-3902 cannot substitute for meeting the majority-of-the-year occupancy standard.
Violations & Fines
Operating a short-term rental as a property's sole use, without majority-of-the-year residential occupancy, violates section 21-5263(2) and (6) and is separate grounds for the city to deny, suspend, or revoke the short-term rental license under municipal code section 9-3909. Other Land Development Code violations default to a misdemeanor under section 1-3003, with a fine up to the maximum set by C.R.S. § 13-10-113 or up to 364 days in jail.
Frequently Asked Questions
Can I buy a house in Commerce City purely to run as an Airbnb?
I live in the accessory dwelling unit. Can I rent out my main house full-time?
Can I rent out both my house and my accessory dwelling unit to different guests on the same night?
Sources & Official References
Other rules in Commerce City
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