Commissioners introduce amendment to delay third parking-space requirement for short-term rentals until 2026

County planning staff introduced a proposed text amendment Jan. 20 that would change the effective date for requiring a third parking space for short-term rental licenses from Jan. 1, 2020 to Jan. 1, 2026. If adopted, properties permitted before Jan. 1, 2026 would be grandfathered to the existing two-space requirement.

Planning staff said the change responds to inconsistent past enforcement and a staff error that allowed some property owners to obtain short-term rental licenses without meeting the three-space rule. Commissioner Fiore and others said some purchasers invested significant sums based on staff guidance and raised concerns about fairness and potential private litigation. County Attorney Roscoe Leslie told the board that permits issued contrary to the code were not validly issued and that estoppel arguments generally fail unless a valid permit existed; commissioners disputed the practical fairness to residents who relied on staff statements and noted at least one private attorney has begun litigation on behalf of a property owner.

Commissioners discussed remedies and asked staff to provide counts: how many properties applied and were denied between 2020 and 2026 due to parking, how many permits were issued without the third spot, and how many properties in specific communities (e.g., the Landings) would be affected. Planning staff said there are 106 townhomes in the Landings built after 2020 and approximately 20 known instances where licenses were issued without the third parking spot; staff said they would pull additional data before a public hearing.

The item was introduced for future public hearing; no final vote on the amendment occurred at the meeting.