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Commission adds short-term rental definition to zoning code, leaves broader regulation for later
Summary
The Planning Commission approved adding a short-term rental definition (rentals under 30 consecutive days) to the city’s zoning code, clarifying the use is distinct from bed-and-breakfasts and hotels. Staff said no additional requirements are recommended at this time; further regulation would require City Council direction.
The El Paso Planning Commission voted to add a definition for "short-term rental" to the city zoning code, defining the term as residential lodging for periods of less than 30 consecutive days and explicitly distinguishing it from bed-and-breakfast establishments and hotels.
Kevin Smith of Planning and Inspections explained the change is intended to close a definitional gap the council had identified; the city had been treating many short-term rentals under a bed-and-breakfast umbrella. "Short term rentals as current, is not classified or defined in our city code," Smith said, and the proposed definition would allow such uses to operate under the base residential standards for the applicable zoning district.
Commissioners asked whether the definition would allow circumvention of taxes or facilitate party rentals (for example, renting pools for events). Staff and the assistant city attorney, Russell Abel, said the council directed staff only to craft a definition at this stage and that enforcement of nuisances or illegal commercial use (such as renting a residential pool for parties) would remain subject to existing code enforcement. Smith said city research found no widespread problems in El Paso and therefore no additional requirements are recommended at this time.
After discussion, the commission voted to add the definition; the motion carried and will be forwarded as a recommendation to city council for further action as needed.
