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Commerce City, CO Short-Term Rentals: Primary-Residence-Only Rule (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
No. Land Development Code section 21-5263(2) requires the dwelling be occupied and utilized as a residential dwelling unit for the majority of the year, and states a short-term rental cannot be the primary use of the property, so a stand-alone investment rental with no real residential occupancy doesn't qualify.
I live in the accessory dwelling unit. Can I rent out my main house full-time?
No. Section 21-5263(6) specifically bars operating a short-term rental in the principal single-family dwelling by someone whose primary residence is the accessory dwelling unit only; the principal dwelling must be used as a long-term residence whenever it isn't being rented short-term.
Can I rent out both my house and my accessory dwelling unit to different guests on the same night?
No. Section 21-5263(7) prohibits simultaneous short-term rental of a dwelling unit and its associated accessory dwelling unit under separate contracts at the same time, closing off that way of doubling occupancy beyond what the license and occupancy rules allow.

Sources & Official References

Other rules in Commerce City

All Commerce City rules

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