Albany County opens formal discussion on short-term rentals after Centennial residents raise housing and safety concerns

The Albany County Planning and Zoning Commission on Feb. 12 devoted a major portion of its meeting to public testimony and initial policy discussion about short-term rentals (STRs) in unincorporated Centennial and other rural parts of the county.

Staff prefaced the discussion with a summary of earlier memos and public comments. County legal counsel told the commission that zoning can regulate land uses — allowing, conditionally allowing or prohibiting STRs by zoning district — but cautioned that the county cannot use zoning to create a recurring licensing scheme that requires annual renewal and inspection because a zoning certificate is generally a one-time authorization tied to a use unless the use changes. "It is my legal opinion that we do not have licensing authority through zoning," counsel said.

Residents from Centennial presented numbers and maps they compiled showing many listings. "With that small area...we have 48 Airbnbs," said Michelle Tilly, summarizing a local inventory and arguing that a large share of homes in Centennial now operate as short-term rentals and that housing stock for local workers has been reduced. Other residents described nuisance incidents, road damage, and slow emergency response times from the county sheriff in remote areas.

Local hotelier BJ Finney urged treating STRs as commercial lodging in some respects, noting that commercial lodging is subject to state health and safety inspections (hot-tub maintenance, ingress/egress, fire-safety standards) that most private STRs do not receive. County counsel responded that state statute exempts short-term rentals in detached single- and two-family dwellings from some commercial code requirements: "short term rental of detached 1 and 2 family dwellings shall not be regulated as a commercial use for purposes of fire building and electrical standards" (statutory citation discussed in hearing).

Commissioners heard divergent views: some argued that most complaints are localized nuisances that fall to law enforcement, not zoning; others said that zoning can help by defining STRs and making them conditional uses where appropriate, including possible requirements for a locally based contact or agent who can respond quickly. Several commissioners suggested the practical first steps should be: (1) adopt a clear STR definition in the land-use table, (2) draw distinctions between dwellings, bed-and-breakfasts and motels, and (3) craft conditional-use standards (e.g., local contact, parking limits, occupancy limits) that would apply prospectively.

Following the hearing and discussion, commissioners directed staff to begin drafting a definition and regulatory options for STRs (including conditional-use approaches and possible local-agent requirements) and return with options for future hearings.