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HomeMy WebLinkAbout2024/02/06 - Short-Term Rental Workshop Packet �S0N COUNT 1854 Short-Term Rental Workshop February 6, 2024 9:00 a.m. In the spirit of public information and inclusion,the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion, and is not all inclusive of what will be presented to the Commissioners. San Juan County STR Regulation Highlights: Current • Detached ADUs not allowed as STRs,after 2007 • Limits on number of guests • Typical rules of conduct i.e. no trespassing, noise,off site parking issues,vehicle speeds, outdoor burning, removal of solid waste(storage),water conservation • One parking site per bedroom • Meal service not allowed • Address clearly identifiable • All required state and local regulations pertaining to licenses and taxes • STRs vested or approved after ordinance date shall expire two years after date of approval unless annual cert.of compliance. • Operational Requirements: o Property management plan to include Rules of conduct Ubi number, property owner and agent name and contact into Representative that will respond to complaints and is local(reach 24 hours a day) o Rules of conduct and property boundaries displayed prominently within rental o Permit number must be in all advertisements and marketing material o Annual certifications of the permit conditions,fire and life safety requirements 0 90 days after closing, permit conditions must be certified • Limits on permits in different areas • Vacation rental permits issued by lottery Note: This document may not contain the complete STIR code for the jurisdiction. San Juan County What is a Short-term Vacation Rental: "Vacation rental of a residence or an ADU" means a single-family residential unit or an accessory dwelling unit that is rented (for periods of less than 30 days). From<https://www.codepublishing.com/WA/SanJuanCountVlhtml/SonJuonCountyl8/SanJuanCountyl820.htm1#18.20.220> Short-Term Vacation Rental Standards: Limits A. Outside of urban growth areas, one vacation rental is allowed on a property, either in the principal residence or an accessory dwelling. Detached accessory dwelling units permitted on or after June 29, 2007, are not allowed to be vacation rentals. Occupancy B. No more than two overnight guests per bedroom plus additional three overnight guests shall be accommodated at any one time.The number of bedrooms is determined by the approved building permit for the structure.A guest is a person over two years of age. Conduct C. The vacation rental shall be operated according to rules of conduct approved by the County that prevent the following disturbances to area residents: 6 February 20241 Mason County Review of STIR Regulations 1.Trespassing; 2. Noise that violates Chapter 9.06 SJCC(Noise Ordinance); 3. Off-site parking issues; 4.Vehicle speeds of higher than the posted speed limit, or 20 miles per hour(mph) on private paved roads and 15 mph on private nonpaved roads; and 5. Outdoor burning that violates the requirements adopted pursuant to SJCC 15.04.070(F)(4)(c), including violations of a burn ban. D. Solid waste must be removed from the vacation rental to an approved solid waste facility every two weeks. Solid waste shall be stored in completely enclosed and secured solid waste receptacles or stored completely indoors. E. Guests shall be made aware of the importance of water conservation. Best practices to conserve water shall be included in the rules of conduct. Parking F. One on-site parking space shall be provided for each bedroom within the vacation rental. G. Meal service provided by the permit holder or their agents is not allowed. H. All vacation rental permit holders are required to display the address of the residence so that it is clearly visible from the street or access road. I. Vacation rental accommodations must meet all applicable local and state regulations, including those pertaining to business licenses and taxes such as Washington State sales, lodging and business and occupation taxes. Renewals J. Vacation rental permits vested or approved after the effective date of the ordinance codified in this section shall expire two years after the date of approval unless the annual certificates of compliance meeting the requirements of subsection (K)(4) of this section are on file with the administrator. Rules of Operation K. All owners of property used for vacation rental shall comply with the following operational requirements: 1. Maintain an up-to-date property management plan on file with the administrator and property owners within 300 feet of the building within which the vacation rental is located. The property management plan must include the following: a. Rules of conduct approved by the County; b. Unified business identifier number, and the names and addresses of the property owner and agents authorized to act on the property owner's behalf, c.A designated local property representative who lives on the island where the vacation rental is located and will respond to complaints and emergencies; and d.A valid telephone number where the local property representative can be reached 24 hours per day; 2. Prominently display in the rental the rules of conduct and a map clearly depicting the property boundaries of the vacation rental. The map shall indicate if there is an easement that provides access to the shoreline; if so,the boundaries of the easement shall be clearly defined; if there is no access, this shall be indicated together with a warning not to trespass; 3. Include the San Juan County permit number for the vacation rental in all advertisements and marketing materials such as brochures and websites; 1ISan Jaun County 4.Annually certify compliance with the conditions of permit approval and with the fire and life safety requirements of the International Fire Code (IFC) as identified by the department on forms specified by the administrator.The annual certification shall be prominently posted on site; and 5. Certify compliance with the conditions of permit approval within 90 days after the closing date of the sale of the property. Written certification must be submitted to the department on forms specified by the administrator. Grandfathering L. The owners of vacation rental permits vested or approved prior to March 13, 2018, are required to comply with all subsections of this section except subsections (B), (F) and 0)of this section in addition to the conditions of their permit. M. A vacation rental shall not operate or be advertised without a vacation rental permit. Evidence of operation includes advertising, online calendars showing availability, guest testimony, online reviews, rental agreements or receipts. Limits N. The number of vacation rental permits countywide outside of the master planned resort(MPR) designation shall not exceed: 1. On Orcas Island, 211; 2. On San Juan Island, 337; 3. On Lopez Island, 135; 4. On Shaw Island vacation rentals are prohibited by SJCC 16.45.180(C); 5. On Waldron Island vacation rentals are prohibited by SJCC 16.36.060(G); and 6.A maximum of 10 for all other islands not listed above combined. Permit Issuance O. Vacation rental permits shall be issued by lottery procedures established by the administrator and approved by the County council. (Ord. 05-2022 § 1; Ord. 2-2018 § 2) From <htW&11www.codepublishiag.com/WA/SanluanCountylhtml/SanluanCountyl8/SanluanCounty1840.html#18.40 .275> 2ISan Jaun County Grays Harbor County STR Regulation Highlights: As of 11/2023 • Only in specific zoning districts • No additional septic inspections, other than the system must be properly functioning • Occupancy-2 per bedroom +2 additional people or#of people as determined by EH based on what they think can be accommodated by system,whichever is less. • Rvs, outdoors, accessory structures,and non-residential structures cannot be used as STIR • Advertising must include County permit# • STR owner must provide three consecutive years of records to County which include booking dates,# guests, rental income, and taxes remitted to the state • Contact available 24 hours a day and able to respond physically within 3 hours • Property owners within 300 feet of STIR mailed relevant permit info and contact, County to receive affidavit of this mailing • Renewal of permit requires proof of payment of all applicable taxes to DOR for previous year • Outlines the difference between a permit violation and an operations violation as well as the difference in penalties Complaint process-first line of contact STR owner/host then County Note:This document may not contain the complete STR code for the jurisdiction. Grays Harbor County What is a Short-term Vacation Rental? "Short term rental" means rental of a single-family or two-family dwelling unit for dwelling, lodging or sleeping purposes to one group with duration of occupancy of less than thirty consecutive days. Other land uses such as motels and multiple-family dwellings that are explicitly defined and regulated in this code separately from short term rentals are not considered to be short term rentals. Allowed is Specific Zoning Districts General Development One (G-1), General Development Five (G-5), General Residential (R-2), Resort Residential (R-3), Rural Residential (RR), Lake Quinault(LQ) and General Commercial (C-2)zone districts, and only pursuant to a valid Short Term Rental Permit issued in accordance with this section by the Planning Director or their designee. Standards Short term rentals shall be subject to the following general requirements: 1.The short term rentals shall meet all applicable state and local health, safety and building codes regulations, as well as the provisions of WAC 458-20-166 and RCW 64.37 or their successors. 2. Short term rental dwellings shall: a. Have working smoke and carbon monoxide detectors per the IRC or its successor; b. Have a properly maintained and charged fire extinguisher; 6 February 2024 1 Mason County Review of STR Regulations c. Maintain a properly functioning permitted septic system or sewer connection; and d. Maintain weekly solid waste collection during all months. 3. Number of Occupants: The overnight sleeping occupancy of a short term rental unit shall not exceed the following: For a unit served by an on-site sewage disposal system (septic/drainfield system), two persons per bedroom plus two additional persons or the number of persons accommodated by the system as determined by the Environmental Health Division, whichever number of persons is less. 4. Signage. No exterior signage shall be permitted. 5. Parking.A minimum of one on-site parking space per bedroom shall be provided. 6. Limitations. Short term rentals shall not be operated outdoors, in an accessory structure, in a recreational vehicle, or any non-residential structure. 7. Liability insurance. The short term rental shall have current,valid liability insurance of one- million dollars or more that covers the use of the short term rental unit as required by RCW 64.37.050 or its successor. 8.Advertising.All advertising for any short term rental, including electronic advertising, shall include the number of the Short Term Rental Permit granted to the permit-holder. Property Management 1. Use of the short term rental is not allowed for commercial events where adequate parking cannot be provided on-site. 2.A sign shall be posted conspicuously inside the dwelling with: a.The short term rental's permit number and maximum occupancy, if applicable; b. Floor plan indicating fire exits and escape routes; c. Contact information for the permit-holder or designated local contact person who shall be available twenty-four hours a day to accept telephone calls, and respond physically to the short term rental within three hours if necessary; d. Local emergency numbers; e. Location of all safety equipment such as fire extinguishers and exit Signage; f.Tsunami evacuation routes, if applicable; g. Designated on-site parking areas; h.Waste pickup schedule; i. Quiet times; and j. Pet management. 3.All short term rental permit-holders shall comply with the provisions of any local, state or federal disaster or emergency order. Taxes and Records 1.The permit-holder shall timely remit all applicable local, state and federal taxes and County fees owed in connection with the short term rental. 2.The permit-holder shall maintain records of all short term rental activity, including number of guests, booking dates, rental income, and taxes remitted, for the most recent three consecutive years, and shall be provided to the County upon request. 11Grays Harbor County Permit Issuance 1. Upon satisfactory submission of the required attestations and requested documentation herein, a Short Term Rental Permit issued by the Planning Director or their designee, shall contain: a.The site address of the short term rental; b. The permit-holder's name; c.The permit number, and rental limitations, including guest occupancy limit; d. Contact information (name, mobile phone number and email address) of the permit-holder or local contact person who shall be available twenty-four hours a day to accept telephone calls, and respond physically within three hours if necessary;and e. Dates the permit is valid. 2. On issuance,the permit-holder shall mail the information in subsection E.1 above to property owners within three-hundred feet and provide an affidavit of mailing to the County. 3.Any permit issued pursuant to this section is non-transferable. 4.All permits issued pursuant to this section shall be valid for one year from the date of issuance, and shall be reapplied for and renewed annually at least thirty calendar days prior to the expiration date. 5. Permit renewals shall also require: a.A new attestation of all information as outlined in subsection E.1 above; and b. Proof of payment of all applicable taxes for the previous year to the Washington State Department of Revenue for the subject property. Permit Fees The fee for the initial issuance and renewal thereof shall be per the County's current fee schedule at the time of a complete application. Violations 1.Any violation of this section and the correlating provisions in this section may subject a violator to any remedy, legal or equitable, available to the County. 2. Permit violations include but are not limited to: a.Advertisement or rental of a short term rental without a valid Short Term Rental Permit; b. Failure to include the permit number of a short term rental in any advertisement; c.Advertising a short term rental outside the permitted scope of a Short Term Rental Permit; and d. Failure to remit all applicable taxes. 3. Operation violations include but are not limited to: a. Failure to maintain required records; and b. Failure of local contact person to satisfactorily respond to or resolve complaints. 4.The following penalties shall apply to notices of violation: a. For Permit Violations: i. First notice of violation: written warning; ii. Second notice of violation: Penalty of one-thousand dollars, and immediate revocation of the short term rental permit. 21Grays Harbor County b. For Operation Violations: i. First notice of violation: written warning; ii. Second notice of violation: Penalty of five-hundred dollars, or revocation of permit; iii.Third notice of violation: Penalty of one-thousand dollars, or revocation of permit; iv. Fourth notice of violation: revocation of permit. Complaint Procedure 1.Any person having a complaint regarding any violation(s) regarding a short term rental shall first direct the complaint to the permit-holder or contact person listed on the Short Term Rental Permit. 2. If the complainant feels that the permit-holder or contact person fails to satisfactorily resolve a complaint,the complainant shall notify the Grays Harbor County Planning Division in writing.The Planning Division will investigate the complaint, and if deemed accurate, issue a notice of violation to the permit-holder. 3.Any person may appeal a decision by the Planning Director or their designee pursuant to this section to the Grays Harbor County Board of Adjustment. Inception Operation of a short term rental six months after the date of the adoption of this section shall be subject to all relevant sections of this code. 31Grays Harbor County may. x Short Term Rentals Planning a eu-raiag Division SOD West Broadway Avenue,931 igb4 Montesano,Wash ngton 98563 360-249-4222 www.co-gays-harbor.wa us Short Term Rental Permit GOOD NEIGHBOR GUIDELINES Welcome to Grays Harbor County! These Good Neighbor Guidelines were created to educate Short Term Rental operators and guests on the importance of being a good neighbor. 24-HOUR CONTACT INFORMATION: If at any time you have questions or concerns about your stay,please call the 24-hour contact number listed in your rental agreement and posted in the unit. The local non-emergency police contact may be reached at 360-533-8765. In the event of an emergency,please call 911. GENERAL RESPECT FOR NEIGHBORS: Please remember you are within a neighborhood. Respect your neighbors and their property,be kind and use common courtesy. NOISE AND DISTURBANCE: Please respect your neighbor's right to quiet enjoyment of their home and property. Loud noises that create public disturbance are prohibited. PARKING&TRAFFIC SAFETY: Refer to the site plan posted in the unit,and park in the designated parking areas only. Do not block driveways,sidewalks,alleys, mailboxes or fire hydrants. Drive slowly,and watch for pedestrians and children playing. FIRE SAFETY: Familiarize yourself with the location of the fire extinguisher(s)and fire exits posted in the unit. PETS: If allowed,promptly clean-up after your pet,prevent excessive and prolonged barking, and keep pet from roaming the neighborhood. Control aggressive pets,and abide by local leash laws. Store pet food indoors and in a secure location,to reduce the likelihood of pest problems. MAINTENANCE AND GARBAGE DISPOSAL: Be sure to pick up after yourself,and keep the property clean,presentable,and free of trash. Place trash and recycling in the designated containers on-site. EVENTS NOT PERMITTED: Commercial events such as weddings, banquets,parties,charitable fundraising, or other gatherings where adequate parking cannot be provided on-site are not allowed. TENANT/GUEST RESPONSIBILITY: Approved guests and visitors are expected to follow the Good Neighbor Guidelines. Refer to your rental agreement for additional terms and restrictions- 41Grays Harbor County BAR�R c Short Term Rentals Planning&Building Division 100 West Broadway Avenue-#31 Montesano,Washington 9&5 3 )l�4 360.249-4-222 wwH ar+.iray Kh:,rYr>r.w:+.u. Application Process: 1. Obtain approval of STEPS 1&2 of the permitting process 2. STEP 3: Complete the Short Term Rental(STR)Permit application,and submit the following required items to Grays Harbor County Planning and Building Division: a. Application Fee$350 b. Proof of liability insurance for the Short Term Rental c. Approved site plan showing parking location(s) d. Floor plan indicating fire exits and eecape routes e. Emergency Tsunami Evacuation Route Map(if applicable) f. Proof of payment of all applicable taxes for the previous year Plan Requirements: Submit one copy of each Plan with the STR Permit application with the following information: 1. Approved Site Plan: O Show designated on-site parking spaces on the approved site plan. One parking space per bedroom must be provided. 2. Property Management Plan(interior signage): O Local emergency number(s) O Waste pickup schedule O Quiet times O Pet Management O Maximum Occupancy 3. Emergency Exit Plan: This plan may be prepared electronically or by hand. If by hand, the quality must be satisfactory,as these are required for fire and life safety purposes. O Drawn to scale of 1 inch= 10 feet O Floor plan O Label all rooms(bedrooms,kitchen,toilet, laundry,etc.) O Location of fire extinguisher(s)and fire exit(s) O Location of smoke detector(s)and carbon monoxide detector(s) O Location of trash and recycling containers 4. Tsunami Evacuation Route(s),if applicable. 51Grays Harbor County Skamania County STR Regulation Highlights: Current • Specifically outline structures that qualify for STR use • No commercial events unless additional permitting • Annual license • Basic operation standards • License fee is based on a tier system that depends on the presence of the owner/host on site and occupancy of structure • Notification of neighbors within 300 feet • Revocation of permit-immediate if operational requirements not met or misstatements/false information provided for application or renewal Note: This document may not contain the complete STR code for the jurisdiction. Skamania County What is a Short-term Vacation Rental? Short-term vacation rentals (STVRs) are defined in Skamania County Code as"a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, a residential accessory building, or portion thereof is offered or provided to a guest by a short-term vacation rental operator for a fee for fewer than thirty consecutive nights."STVRs are only allowed in conjunction with residential uses in zones where residential uses are allowable. From<https://www.skomoniocounty.org/departments-offices/community-development/planning-division/Iona-ranae- pl anning/short-term-vacation-ren tals> What types of structures qualify can be used as a STVR? Pursuant to SCC 21.70.190(B)(1),the following types of units may operate as a short-term vacation rental: • Dwelling Unit:Any dwelling or part of a dwelling may be operated as a STVR. Whole-house rentals or partial house rentals(such as the renting of individual bedrooms) are allowable. • Accessory Dwelling Unit: Accessory dwelling units may be operated as a STVR. Accessory dwelling units are separate dwelling units that include their own kitchen and comply with SCC 21.70.180. • Residential Accessory Building: Residential accessory buildings such as guest houses or sheds may be operated as a STVR. Residential accessory buildings do not include kitchens; wet bars or kitchenettes without an oven or range are allowable. • Park Model Recreational Vehicle: Park Model RVs and tiny homes licensed by the Washington Department of Labor& Industries may operate as STVRs. No more than two park model RVs can be placed on a property and occupancy is limited to 14 consecutive days and a total of 120 days during a calendar year pursuant to SCC 21.70.120. Campsites,tents, RVs that are not park model RVs, or any other types of structures not listed are not allowable. 6 February 20241 Mason County Review of STR Regulations From <https://www.skamaniacounty.org/departments-offices/community-development/planning-division/long-range- planning/short-term-vacation-rentals> What requirements apply to STVRs? • The following requirements in SCC 21.70.190 apply: • Dedicated on-site parking shall be provided to accommodate all guests. • The STVR shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire, health (water and septic), and any other applicable codes. Functioning carbon monoxide detectors and smoke detectors shall be kept in operating order and installed as required by the International Residential Code (IRC).At least one functioning fire extinguisher shall be installed within the STVR. • Address numbers for the STVR shall be visible from the road. • The STVR shall be operated in a way that will prevent disturbances to neighboring properties not typical of a residential neighborhood, including but not limited to loud music, loud noises, excessive traffic, loud and uncontrolled parties,junk/debris/garbage accumulation in the yards,trespassing, barking dogs, or excess vehicles, boats or recreational vehicles parked in the streets in front of the unit.The rental shall not be used at any time to host commercial events, unless the rental is associated with an approved commercial event center. • Per RCW 64.37.050, a STVR operator must maintain primary liability insurance to cover the STVR in the aggregate of not less than one million dollars or conduct each STVR transaction through a platform that provides equal or greater primary liability insurance coverage. • Per RCW 64.37.020, STVR operators must remit all applicable local, state, and federal taxes unless the platform does this on the operator's behalf. From <https.//www.skamaniacounty.org/departments-offices/community-develo ment/planning-division/long- range-planning/short-term-vacation-rentals> What are the license requirements and fees? All operators of STVRs are required to maintain a short-term vacation rental license. It is a violation of Skamania County Code to rent, offer for rent, or advertise for rent a STVR without first obtaining a STVR license. Licenses must be obtained annually and are effective from the date of issuance through December 31 st of each year. From <https.//www.skamaniacounty.org/departments-offices/community-develo ment/planning-division/long- range-planning/short-term-vacation-rentals> License Fees Licenses fees are set by the Board of County Commissioners and are based upon which tier a STVR falls into.All rentals fall into one of the following three tiers: • Tier 1 - $200- Owner or operator is present on-site during the course of the rental. • Tier 2- $300- Owner or operator is not present on-site during the course of the rental. • Tier 3 - $500-Any STVR with an allowable occupancy of 15 or more persons, or three or more unique rentals on an individual property, whether or not the owner or operator is present on-site during the course of the rental. 11Skamania County From <https.//www.skamaniacount .00rg/departments-ofces/community-devewment/short-term-vacation- rentals/short-term-vacation-rental-licenses> Other License Requirements Annual licensing requirements are established by SCC 21.70.190(D). It is a violation of Skamania County Code to rent, offer for rent, or advertise for rent an STVR without first obtaining a license. Licenses are required annually and expire December 31 st of each year. • Notice to Neighbors: Upon establishment of an STVR,the owner or contact person shall provide a notice to all property owners of record and/or occupants of properties within three hundred feet of the STVR. The notice shall include the telephone number of the owner and contact person.The purpose of this notice is so that neighboring property owners and residents can contact a responsible person to report and request resolution of problems associated with the operation of the STVR. • Operators are responsible for providing this notice and ensuring that all properties within 300 ft. are notified. You may use MapSifter to determine who should receive notice. You can provide the notice in any format you choose or you can use this template. • Posting: Each annual license it must be posted in a conspicuous place in each STVR. • Revocation: We trust operators to run their STVRs responsibly, but we also need to ensure that STVRs minimize impacts to their residential neighbors and do not cause unreasonable burdens on services. Pursuant to SCC 21.70.190(D)(3), Skamania County can revoke or place conditions on STVR licenses. From <https✓/www.skamaniacountv.org/departments-ofces/community-development/short-term-vacation- rentals/short-term-vacation-rental-licenses> Revocation. a. In addition to other enforcement options available to the county under Chapter 21.100,the following provisions apply to violations of this section: i. Failure to meet the operational requirements of subsection (B) of this section or the discovery of material misstatements or providing of false information in the application or renewal process is grounds for immediate revocation of the permit. ii. Other violations of this chapter, including but not limited to investigation/sustaining of complaints, shall be processed as follows: (A) For the first and second violations within a twelve-month period, the sanction shall be a warning notice. (B) If the same offense continues to occur or a third similar offense occurs at any time during a twelve-month period, the county may either issue a third warning, update the permit to include reasonable special operational standards, or revoke the permit. b.The period of time for which a permit is revoked will be determined on a case-by-case basis, but shall not exceed twelve months. c. If the STVR permit is updated or revoked,the community development department shall send written notice to the owner stating the basis for the decision. Operators may appeal the decision to the board of county commissioners within fourteen calendar days. Upon receipt of an appeal, the community development department shall stay the update or revocation decision until the appeal has been finally determined by the board of county commissioners. 2 1 S k a m a n i a County From <https.//www.codepublishing.com/WA/SkamaniaCountyl#!ISkamaniaCounty2l/SkamaniaCounty2170.html#21. 70.190> 3ISkamania County Chelan County STR Regulation Highlights: Current • STR permitted,Accessory,or Conditional use depending on location • Tiers based on owner/host presence&occupancy limits • STRs allowed in areas of County based on percentage of Total Housing Stock(not subject to this in commercially zoned areas) • Minimum lot sizes for new STRs in zoning districts, depends on tier.Also, minimum distance between STRs • Continuing as a legal non-conforming use requires proof of lawful establishment: o proof of bookings, income,sales&lodging tax paid between 8/28/2019 and effective ord, date; o rental standards met within 1 year with some met within 90 days; 0 obtain the required land use permit; o liability insurance obtained o resolve any County Code violations • Bedrooms rented or occupied shall not exceed number approved in relation to onsite septic system approval • limit is 2 persons per bedroom, including children • Specifies overnight and daytime occupancy limits per tier(indicates when Overnight begins and ends) • Standards include: o Vehicle limit in mgmt. plan o Unsafe/unlawful parking must be abated within 60min by owner o Garbage, noise,trespass,signs, consumer safety req.,fire safety&outdoor burning(fire protection plan within mgmt. plan) o Qualified person to respond to complaints within 60 min and available 24 hours a day o Permit#in all advertisements o Good neighbor guidelines-owner/host conveys to guests in conspicuous locations within STR o Liability insurance and tax remittance to DOR • Initial permit issuance requires a fire,safety, health, standards,and building code compliance inspection o Thereafter,each annual permit renewal,the owner can self-certify o possibility of re-inspection,especially if complaints or evidence of non-compliance Note: This document may not contain the complete STR code for the jurisdiction. Chelan County What is a Short-term Vacation Rental? "Short-Term Rental" means a commercial use utilizing a dwelling unit, or portion thereof,that is offered or provided to a guest by a short-term rental owner or operator for a fee for fewer than thirty(30) consecutive nights or days, by intent or net effect of nights or days rented. They are commonly referred to as vacation rentals. They are a form of commercial tourist or transient accommodations. Short-term rental units may be whole house rentals, apartments, condominiums, or individual rooms in homes.They are rented as a single lodging unit, do not provide food service, 6 February 20241 Mason County Review of STR Regulations and retain the form and function of a dwelling unit. For the purpose of administration and enforcement of this title,the terms"overnight rental,""nightly rental,""daily rental,"and "vacation rental"are interchangeable with short-term rentals. Subleasing or subletting of units for short-term rental is prohibited. How Many STRs (i i) A short-term rental owner may operate only one short-term rental per parcel as designated on their permit application form,which may be in either the primary dwelling or the accessory dwelling unit but not both. If the short-term rental occurs in a multifamily dwelling the same owner may not rent more than one unit in the development. Where are STRs Permitted? Depending on the UGA and district within that UGA, an STIR is either a permitted use, accessory, or conditional use. Each UGA section has a district use chart for ease of determining whether an STIR is an allowed use or subject to special permitting and/or standards. Type of Short-Term Rental (i) Tier 1: Owner-occupied short-term rentals where either(a) rooms are rented and the owner is personally present at the dwelling during the rental period, or(b)the short- term rental is located within the same parcel as the owner's principal residence and the owner is personally present at the dwelling during the rental period, or(c)the entire dwelling is rented no more than fifteen (15)total days in a calendar year provided that an on-site qualified person is there during the owner's absence. Portions of calendar days shall be counted as full days. (i i) (ii)Tier 2: Short-term rentals at a dwelling that is not owner occupied or Tier 3 short-term rental. (iii) (iii)Tier 3: Short-term rentals may be either non-owner occupied, or owner occupied, and exceed occupancy limits applicable to Tier 1 and Tier 2 units as identified in CCC 11.88.290(3). No short-term rental may operate as a Tier 3 short-term rental without meeting all Tier 3 provisions as applicable to their property under the requirements found within this chapter. Number of STRs Allowed (i) Tier 1: New Short-term rentals are allowed where permitted per Subsection (Q. (i i) Tier 2 and Tier 3: 1JChelan County (a) New Tier 2 and 3 short-term rentals cannot be located where short term rentals make up more than the maximum share of the total housing stock in residential zoning districts listed in the table below.This is the maximum share of short-term rentals in residential zones within zip codes, zip code subareas, or within urban growth areas where the use is expressly allowed. Leavenworth subareas are identified based on the boundaries in (b). If the share equals or exceeds this level, no new short-term rentals are allowed until the total number falls below this maximum limit. Maximum Share of Short-Term Rentals Area Name of Area Maximum Share of Short-Term Rentals* Zip Code 98826 Leavenworth 6% Subarea 1 Lake Wenatchee 6% Subarea 2 Plain 6f-q Subarea 3 Leavenworth 6% Other Zip Codes Each individually ¢°fQ Urban Growth Area Manson 9% Urban Growth Area Peshastin 00/0 City Assigned Each individually Unincorporated Urban Growth Areas *Maximum Percent Share of Short-Term Rentals in Residential Zones as part of Tofal Housing Stock. (c)To calculate the maximum share of short-term rentals in subsection (2)(B)(ii)(a), total dwelling units must be determined based on the latest annual count of total housing units by the State of Washington Office of Financial Management, or another state or county agency that tracks Chelan County housing inventory. Short- term rental percentages must be determined at the time the number of allowed short-term rentals is determined per Subsection (4) of this section. (d)Tier 2 and Tier 3 short-term rentals in the following zones are not subject to the maximum cap in (a): Rural Commercial zoned districts, Manson and Peshastin Urban Growth Areas'Commercially zoned districts, Planned Unit Developments existing on the date of adoption of this chapter with recorded plat notes expressly permitting short-term rentals, or Master Planned Resorts. Lot Sizes for new STRs (i) Minimum lot sizes for new conforming short-term rentals set forth in this Subsection are the minimum necessary and shall not be subject to reduction pursuant to Chapter 11.95 260 variances, Chapter 11.97 non-conforming lots, structures, and uses, Chapter 11.98 reasonable use, nor subject to administrative modification.The following minimum lot sizes shall be required to establish a Tier 2 or Tier 3 short- 2 JChelan County term rental in zoning districts where short-term rentals are permitted or conditionally permitted: (ii) New conforming Tier 2 short-term rentals in all residential zones cited in subsection (D)and within the Manson UGA shall be located a minimum of 200 feet apart as measured from all points of the existing short-term rental dwelling structures to proposed short-term rental dwelling structures.This distance shall not be subject to reduction pursuant to Chapter 11.95 variances, Chapter 11.97 non-conforming lots, Minimum Lot Area (Acres) Required to Accommodate New Short-Term Rental Zone Tier 2 Tier 3 RR20 10 IQ RR10 10 10 RR5 5 5 RR2.5 2_1 Not allowed RRR 0.275 Not allowed RW0 275 Not allowed RV 0.275 Not allowed structures, and uses, Chapter 11.98 reasonable use, nor subject to administrative modification (iii) Proposals for new conforming Tier 3 short-term rentals shall be located on sites with direct access off of functionally classified highways consistent with the Chelan County Transportation Element of the Comprehensive Plan.Access shall be consistent with CCC 15.30.330. Direct access means either parcel frontage or driveway access from the classified highway right of way. Grandfathered STRs (i) A short-term rental use shall be considered lawfully established and existing and allowed to continue to operate as a legally non-conforming use only if the owner proves all the following: (a)That a location was actually, physically used for short-term rental purposes during the periods specified in (2)(E)(i)(b) and (f). Proof of rental listing, and income generated is also required; and (b)That sales and lodging taxes required under RCW 64.37 were fully paid for all short-term rental use between July 28, 2019,when RCW 64.37 was in effect, and August 25, 2020; and (c)That the short-term rental meets all requirements of Subsection (3)within one year of the effective date of this ordinance, provided that all legally required health and safety provisions within subsection (3) including, Garbage, Consumer Safety, Fire 3IChelan County Safety and Outdoor Burning, and Property Management Plan communications provisions are met within ninety(90) days of the effective date of this ordinance, except that in the Manson Urban Growth Area, all provisions consistent with Section 11.23.040 as it existed on August 25, 2020 shall be met on the effective date of this ordinance; and (d)That the short-term rental operator has obtained the required land use permits within the time requirements in Subsection (4); and (e) Liability insurance shall be obtained consistent with RCW 64.37.050 as of the effective date of this ordinance (September 27, 2021) per Subsection (3)(N); and (f) If located inside of the Manson Urban Growth Area, documentary evidence that the short-term rental was properly registered as a vacation rental with Chelan County per 11.23.040 as of August 25, 2020, or that the short-term rental owner held a vacation rental permit in the Manson UGA as of July 28, 2019 or in 2020 prior to August 25, 2020. This documentary evidence also satisfies the requirements found in (2)(E)(i)(a)above provided,failure to accurately represent and disclose a property's short-term rental history is grounds for immediate permit denial or revocation, and loss of all existing non-conforming status. (g)Any property owner claiming existing non-conforming status as a short-term rental within any zip code, subarea, or urban growth area shall resolve any existing county code violations on the property as required under 11.88.290(4)(A)(ii)and shall have complied with all other relevant provisions of 11.88.290 and apply for and have received an initial short-term rental administrative land use permit and any all required conditional use permits under subsection (4) by December 31, 2022, or by failing to do so shall waive all claim to having existing non-conforming status. Occupancy Limits (i) The number of rented or occupied bedrooms shall not exceed the number approved in relation to the on-site sewage system approved by the Chelan-Douglas Health District, or strictly follow the requirements of any sewer district or other waste management provider that is being utilized by the rental. (a)All short-term rentals must meet and maintain this standard immediately, and this provision is not subject to any grace period. (b) Occupancy of bedrooms is limited to two persons per bedroom, including children. (ii) Tier 1 and Tier 2 Occupancy limits. (a) Overnight Occupancy. The owner or operator must limit overnight occupancy to no more than two persons per bedroom, not to exceed: 4 1 C h e I a n County Tier 1: a total of 8 persons including children. Tier 2: a total of 12 persons including children. Tier 3: a total of 16 persons including children. (b) Daytime Occupancy. Tier 1:At no time shall the total number of persons at a short-term rental exceed 8 persons, including children, but excluding the owner. Tier 2:At no time shall the total number of persons at a short-term rental exceed 12 persons, including children. Tier 3:At no time shall the total number of persons at a short-term rental exceed 16 persons, including children, but excluding the owner, if one resides on the property. (c) For purposes of(3)(B)(ii) and (iii) occupancy after 10:00 PM and before 7:00 AM is considered Overnight Occupancy and all rental use must fully comply with the overnight occupancy limitations found within 11.88.290. Standards (C) Parking. (i) Provide residential parking, not located within a setback and not within any recorded access easement, consistent with the provisions of Chapter 11.90.5 (i i) The number of vehicles allowed at the short-term rental must be limited to the number required per 11.90.060; this requirement must be included in the Property Management Plan per Section (3)(K) provided that any short-term rental may exceed these limits for hosted events if a Conditional Use Permit has been obtained and all Conditions of Approval including traffic and parking requirements have been satisfied consistent with CCC 11.93.315. (iii) Unlawful or unsafe parking by short-term rental tenants and guests, owner or operator joint liability if violation not abated. Qualified Persons or Owner or Operators of short-term rental properties notified of unlawful or unsafe complaints related to their short-term rental tenants, or their guests are responsible to promptly abate the parking complaints emanating from their property for non-compliance with (i)and (ii) above, or for parking on the property of a neighbor without express permission, or blocking the access to neighboring driveway, or preventing their unobstructed use of that neighboring property. If the owner fails to cause the parking complaint to be abated within 60 minutes of notification of the complaint, he is subject to the enforcement penalties jointly and severally with the renter, or guest creating the parking violation under this Chapter and Title 16. (iv) Repeat violations. Two verified parking violations unabated within sixty minutes as provided in (3)(C)(iii)within six months on or adjacent to the same property may also be subject to additional penalties under Chapter 16.20, up to and including revocation of the short-term rental land use permits under 16.20.040. (D) Garbage. 5JChelan County (i) Trash containers must be provided. Trash must be in proper containers on collection day. Trash must be managed in compliance with CCC Chapter 4.04 Garbage.This requirement must be included in the Property Management Plan per Section (3)(K) and good neighbor guidelines per Subsection (3)(M). (E) Noise. (i) Short-term rentals must be operated in compliance with Chapter 7.35 Noise Control. This requirement must be included in the Property Management Plan per Section (3)(K). (i i) Public disturbance noise complaints. Renters are subject to the provisions of Chapter 7.35. Owner or operators of short term rental properties notified of complaints are responsible to promptly abate public disturbance noise complaints on their property. If the owner or operator fails to cause the noise to be abated within 60 minutes of notification of the complaint, he is subject to compliance with Chapter 7.35 and the enforcement penalties jointly and severally with the renter creating the public disturbance noise. (iii) Repeat violations. Two verified public disturbance noise violations unabated within sixty minutes as provided in (3)(E)(ii)within six months of on the same property may also be subject to additional penalties under Chapter 16.20, up to and including revocation of the short term rental land use permits under Section 16.20.040. (F)Trespass. (i) Owners or operators must provide rules in rental contracts restricting occupants from trespassing on neighboring private property and identify proper routes to public place such as easements to shorelines. Such trespass rules must be included in the property management plan in (3)(K) and good neighbor guidelines per Subsection (3)(M). (i i) Trespass by short-term rental tenants and guests, owner or operatorjoint liability. Qualified Persons or Owner or operators of short-term rental properties notified of trespassing complaints related to their short-term rental tenants, or their guests are responsible to promptly abate trespass complaints emanating from their property. If the owner or operator fails to cause the trespass to be abated within 60 minutes of notification of the complaint, he is subject to the enforcement penalties jointly and severally with the renter, or guests creating the trespass under Chapter 7.32.030 and Title 16. (iii) Repeat violations. Two verified trespass violations unabated within sixty minutes as provided in (3)(F)(ii)within six months of on or adjacent to the same property may also be subject to additional penalties under Chapter 16.20, up to and including revocation of the short term rental land use permits under 16.20.040. (G) Signs. (i) All owners or operators must display and maintain the address of the residence so that it is clearly visible from the street or access road in compliance with CCC 10.20.520 requirements.The rental must also display and maintain an additional sign outside identifying the property as short-term rental and displaying the Chelan County short-term rental registration number and central phone number required 6 1 C h e I a n County by the County.The sign must not exceed eight square feet in area and if illuminated, must be indirectly illuminated, and letters and numbers must at a minimum four inches in height. (ii) Placement of the sign. (a) For short-term rental structures located fifty feet or less from the primary road,the sign text shall be displayed on the side of the structure facing the road and shall be visible from the road designated in the assigned address. (b) For short-term rental structures located fifty feet or more from the primary road, or for buildings not visible from the road,the sign text shall be posted inside the owner's property line at the access point to the road designated in the assigned address. (iii) If the permanent contact information changes during the permit period,the new information must be changed on the sign. Renewal applications must provide evidence of the sign. (iv) The Director may allow annual mailings to adjacent properties and an interior posted notice for tenants in lieu of an exterior sign where a property's size and visibility make an exterior sign ineffective, or if for reason of improving security. The owner shall provide verification of mailings and a copy of the notice with the annual permit renewal. (H) Consumer Safety. 0) All Consumer Safety requirements of RCW 64.37.030 must be met by the owner or operator. Violations are subject to Title 16. Requirements must be included in the property management plan in (3)(K). (I) Fire Safety and Outdoor Burning. 0) Each owner or operator must include a fire protection plan within their property management plan in Subsection (3)(K)to alert renters to respect firewise efforts on a property, or to comply with travel or activity restrictions of CCC Chapter 7.52, Fire Hazard Areas. The fire protection plan shall demonstrate consistency with a Ready Set Go program or equivalent; this includes, but is not limited to, restricting the use of fireworks, outdoor fires, open flame devices, portable fireplaces,fire pits, chimeneas, or BBQ devices.All permanently installed outdoor flame devices, as well as portable burning devices shall have the ability to be secured from use in accordance with CCC 7.52 Fire Hazard Areas and these devices must be secured during all periods of regulated burning restrictions banning the use of that device. (ii)At least one 2A:10BC fire extinguisher, charged, maintained, and in serviceable condition shall be prominently available in the common living space. 0) Qualified Person. 0) The owner or operator must provide the name,telephone number, address, and email of a qualified person or their designee (which can be a person or company) who can be contacted concerning use of the property and/or complaints and can respond, personally or through a designee,to the property within sixty(60) minutes to complaints related to the short-term rental consistent with the requirements of 7 1 C h e I a n County this section. The owner or operator must provide a valid telephone number where qualified person can reliably be reached 24 hours per day, every day the property is rented. (ii) Failure to have a Qualified Person available to respond when contacted, or a failure to abate any complaint regarding a rental code standard under Subsection (3) of this Section by the Qualified Person or owner or operator within sixty(60) minutes is a violation under this Subsection and subjects the owner or operator to the civil penalties provided in 16.20.030. (iii) Repeat violations. A second subsequent violation within 12 months of the previous violation of failing to have a qualified person available or failing to respond to a complaint once notified by the Sheriff, County staff, or by any monitoring service employed by the county, is grounds for revocation of the short-term rental permit under 16.20.040. (L)Annual Permit Number. (i) The owner or operator must include the Chelan County land use permit number for the short-term rental in all advertisements and ensure its prominent display on platforms and other forums for rental (AirBnB,VRBO, Craigslist, poster, etc.) and on marketing materials such as brochures and websites. (M) Good Neighbor Guidelines. (i) Owners and operators must acknowledge receipt and review of a copy of the Good Neighbor Guidelines. Owners and operators must provide evidence that the good neighbor guidelines have been effectively relayed to short-term rental tenants, by incorporating it into the property management plan, and rental contract, posting it online, providing it in a conspicuous place in the dwelling unit, or a similar method. (N) Liability Insurance. (i) A short-term rental owner or operator must maintain primary liability insurance consistent with RCW 64.37.050. (0)Taxes. (i) The owner or operator must comply with CCC Chapter 6.30, and other local sales taxes and state hotel/motel/lodging and sales taxes in accordance with the Department of Revenue. Prior to Permit Issuance (H) Fire, safety, health, short term rental standards, and building codes compliance, and inspections. (i) Fire and Emergency Safety and Short Term Rental Standards. Prior to approving the initial short-term rental permit, the applicable fire district or community development personnel must perform a life-safety and applicable short term rental 8 1 C h e I a n County or conditional land use permit standards inspection, except as provided under Subsections(H)(iv)and (H)(v). (ii) Wastewater. Each applicant shall demonstrate to the satisfaction of the Director they have a properly functioning and permitted onsite sewage system meeting applicable Health District permitting and standards for the occupancy.The wastewater system must, at all times of occupancy, be maintained and operate as originally permitted. (iii) The Director may waive inspections under Subsections (H)(i)and (H)(ii)associated with the initial short-term rental permit if the owner or operator provides a notarized affidavit from the applicable fire district or fire marshal or Chelan-Douglas Health District that the short-term rental complies with applicable requirements in Subsections(H)(i)and (H)(ii). (iv) After the unit is approved and permitted for rental, a completed self-certification checklist for health and safety is required to be submitted by the owner with each annual short-term land use permit renewal consistent with forms provided by the Director. (v) Owner Responsibility. It is the owner's responsibility to ensure that the short-term rental is and remains in substantial compliance with all applicable codes regarding fire, building and safety, health and safety, and other relevant laws. (vi) Owners applying for or receiving a valid short term rental land use permit or a Conditional Use Permit for short term rental or event venue use must allow the Director or designee to inspect or reinspect the property at reasonable times to determine initial compliance with Subsections(3) and (4)(H) of this chapter. If complaints are received, or evidence is encountered indicating non-compliance with this chapter the department may reinspect the property at reasonable times. Denial of entry for inspection is grounds for immediate permit denial or revocation of all permits for short term rental land use under this chapter pursuant to CCC Title 16.20.040. Enforcement and Monitoring 16.20. SHORT-TERM RENTAL ENFORCEMENT AND VIOLATIONS 16.20.010 Compliance Short-term rental owners, operators, and properties must comply with the provisions of this code including but not limited to the short-term rental regulations in Titles 11 and 14 CCC. Violations and enforcement must be in accord with Title 16 CCC. 16.20.020 Enforcement Procedures, Notices, and Citations (1) Enforcement Procedures. Unless specified otherwise in this chapter, all enforcement procedures in this title apply to short-term rental owners, operators, and properties. 9IChelan County (2) Notice of Violation for Consumer Safety by County Attorney. If an owner or operator is suspected of violating Consumer Safety requirements of RCW 64.37.030, the County Attorney must issue a warning letter to the owner or operator for the first violation. Other procedures or requirements with regard to the warning letter must be consistent with Title 16. For any repeated violations,the County will employ its standard code compliance process consistent with Title 16. (3) Citations must be issued consistent with Chapter 16.08, provided that citations may be issued on- site at the discretion of the code compliance officer if a violation of Short-Term regulations in Titles 11 and 14 CCC occurs.Alternatively, the citation may be accomplished in another manner consistent with Title 16. (4) No provision within this section limits the application of any other applicable enforcement section within Title 16 for a violation involving a short-term rental use, or for any other use of the property. 16.20.030 Civil Penalties (1) Civil penalties must be consistent with Title 16 including Chapter 16.16. except as identified in (2) below. (2)Any additional violation of 11.88.290(3) Standards or 11.88.290(4) Permits within 12 months of any preceding violation of the same type of standard or permit requirement within those same subsections, is subject to a penalty of double the prior violation penalty amount. (3)The first violation of Consumer Safety requirements of RCW 64.37.030 is a class 2 civil infraction under chapter 7.80 RCW with a fine of one hundred twenty-five dollars ($125).The fine for repeated violations must be consistent with CCC 16.16.010 Assessment Schedule. 16.20.040 Revocation (1) Failure of the owner or operator to timely and reasonably respond to a complaint(s) relayed by code compliance officers are grounds for civil fines, revocation, or other penalties consistent with Title 16. (2)The following conditions may result in denial of issuance or revocation of land use permits granted under short-term rental regulations in Titles 11 and 14 CCC: (A) Failure to renew a short-term rental land use permit pursuant to CCC 11.88.290 short- term rental regulations and Title 14 is grounds for immediate revocation of the permit. (B) Failure to meet the criteria of CCC 11.88.290 Short-Term Rental Regulations is grounds for immediate denial of issuance or revocation of the short-term rental land use permit. (C)The discovery of material misstatements or providing of false information in the short- term rental land use permit application or renewal process is grounds for immediate revocation of the permit. (D)Such other violations of Titles 11, 14, and 16 in the reasonable judgment of the Administrator,7 so as to provide reasonable grounds for immediate revocation of the land use permit. 101CheIan County (E) If three violations are verified under Subsection (D) or the owner or operator fails to make a timely response to resolve such violation twice during any twelve-month period, the penalty shall be revocation of the rental permit and, or a related conditional use permit in addition to any required civil penalties under 16.20.030. 11IChelan County