Planning Commission Meeting

Agenda City of Ocean Shores Planning Commission Meeting Join Zoom Meeting Online Click Here Join Zoom Meeting by Phone Phone Number: 1.253.215.8782 US Meeting ID: 890 1949 4618 Passcode: 726414 Tuesday Ocean Shores Library April 26, 2022 573 Point Brown Ave. NW 2:00 PM Ocean Shores, WA 98569 Page Call to Order Roll Call Approval of Meeting Agenda Approval of Minutes 3-4 1. Approval of minutes for the Regular City of Ocean Shores Planning Commission Meeting on March 22, 2022 5-6 2. Approval of minutes for the Regular City of Ocean Shores Planning Commission Meeting on April 12, 2022 Public Comments Planning Commission is accepting written Public Comments to be sent via email to the City Clerk at slogan@osgov.com no later than 1:00 PM April 26, 2022 Old Business New Business 7 - 23 3. Transient Rental(s) - Ocean Shores Municipal Code Review • Presented by: Planning Commission Chair, Dan Bricker Discussion Reports Page 1 of 23 Page 4. Planning Commission Member(s) Report • Dan Bricker • Brian Bachman • Gary Pease • Thorn Ward • Eleanor Dorman • Richard Wills • Patrick Brunstad Future Meeting Item(s) and Meeting Date May 10, 2022 at 2:00 PM Adjourn _________________________________________________________ Public Notice: • Persons requiring auxiliary aids or special arrangements in order to participate in meetings should call 360.940.7498 at least two business days prior to the scheduled meeting. Page 2 of 23  MINUTES Ocean Shores Planning Commission Regular Meeting Tuesday, 3/22/2022 – 2:00 p.m. Ocean Shores Library Minutes taken by Commissioner Dorman 1. Call to Order Chair Dan Bricker called the meeting to order at 2:00 p.m. 2. Roll Call Planning Commissioners present: Dan Bricker, Eleanor Dorman, Richard Wills, , Gary Pease, Thorn Ward and Brian Backman. Planning Commissioners absent: • Commissioner Wills made a motion to excuse Commissioner Brunstad absence. Commissioner Backman seconded the motion. Motion passed unanimously. City Staff present: City Clerk Sara Logan 3. Approval of Meeting Agenda Commissioner Wills moved to approve the meeting agenda. Commissioner Pease seconded the motion. The motion passed unanimously. 4. Approval of Minutes Commissioner Wills moved to approve the amended meeting minutes from Tuesday, 3/8/2022. With changes Commissioner Dorman seconded the motion. The motion passed unanimously. 5. Public Comments Don William Noted that the sound via zoom at the last two meetings was very poor and he was unable to follow the meeting. 6. Reports: No reports 7. Continued Business: • Examples of continued business: • Residential Design Standards • 8. New Business: • None 9. Members of the Commission Reports • None 10. Secretary for Next Meeting Chair Dan Bricker appointed Commissioner Wills as secretary for the 2/11/2020 Meeting. 11. Future Meetings Page 1 of 2 1. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 3 of 23  Next meeting is at 2:00 p.m. on 4/12/2022. In The library meeting room 12. Adjournment Commissioner Wills moved to adjourn; Commissioner Pease Backman seconded the motion. Chair Bricker adjourned the meeting at approximately 4:00p.m. Page 2 of 2 1. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 4 of 23  MINUTES Ocean Shores Planning Commission Regular Meeting Tuesday, 4/12/2022 – 2:00 p.m. 130 Oyhut Bay Blvd. Suite 102 Minutes taken by Commissioner Wills 1. Call to Order Vice Chair Pat Brunstad called the meeting to order at approximately 2:00 p.m. 2. Roll Call Planning Commissioners present: Richard Wills, Pat Brunstad, Gary Pease, Brian Bachman Planning Commissioners absent: Dan Bricker, Thorn Ward, Elenore Dorman • Commissioner Wills made a motion to excuse all three absences. • Commissioner Bachman seconded the motion. Motion passed unanimously. City Staff present: City Planner Marshall Read, City Clerk Sara Logan 3. Approval of Meeting Agenda • Commissioner Pease moved to approve the meeting agenda. • Commissioner Bachman seconded the motion. The motion passed unanimously. 4. Approval of Minutes • Minutes for 22 March meeting not currently available. 5. Public Comments No public comments 6. Reports: No reports 7. Continued Business: • No continued business 8. New Business: • Discussion regarding a specific Common Wall Project Led by: City Planner, Marshall Read o The proposed project does not meet minimum lot size requirements. o PC consensus is that higher density projects are the wave of the future and should approved provided all of the zoning, comprehensive plan and building code requirements are complied with. • Discussion regarding rezoning - Lot 32 of Division 15/ from B-1 to B-2 Led by: City Planner, Marshall Read o The lot owner owns multiple contiguous properties adjacent to this property. PC recommends approving the re-zoning request. 9. Members of the Commission Reports • None 10. Secretary for Next Meeting Vice Chair Brunstad appointed Commissioner Pease as secretary for the 4/26/2022 Meeting. 11. Future Meetings Page 1 of 2 2. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 5 of 23  • Next meeting is at 2:00 p.m. on 4/26/2022. Meeting will be held at the Ocean Shores Library meeting room. • Prior to attending, please confirm the meeting location on the official agenda. The agenda is easily accessed by clicking on the meeting posted on the city calendar at the bottom of the city website homepage at www.osgov.com. 12. Adjournment • Commissioner Pease moved to adjourn. • Commissioner Bachman; seconded the motion. Motion passed unanimously. • Vice Chair Brunstad adjourned the meeting at approximately 2:50p.m. Page 2 of 2 2. Approval of minutes for the Regular City of Ocean Shores Planning Com... Page 6 of 23  12 Examples of Short-Term Vacation Rental Regulations November 22, 2017 by Steve Butler Category: Licensing and Regulation, Tourism The issue of internet-based, short- term vacation rentals has been in the news for a few years now. From the consumers’ perspective, they are more popular than ever, but many local governments are still wrestling with questions about whether this industry should be regulated and, if so, how? For communities in Washington State (and elsewhere) without an active tourist market, short-term rentals are not a major issue and those local governments don’t usually have regulations addressing them. For those local governments with a significant number of tourists or transient visitors, however, these jurisdictions either already have regulations in place or are contemplating adopting them. Kirkland and Walla Walla recently adopted new regulations on short-term rentals. Other cities, such as Seattle and Bellingham, are currently developing regulations for these types of rental properties. A recent public radio feature segment highlighted a referendum placed on Gearhart, Oregon’s November 7, 2017, ballot by vacation rental property owners that would’ve repealed and replaced that town’s short-term vacation rental regulations with less restrictive ones. The referendum was defeated by a reported vote tally of 77% against and 33% in favor of repeal. Summary of Local Government Issues/Concerns Most local governments’ concerns about short-term rentals fall into at least one of the following categories: Collection of lodging and sales tax on these short-term rental stays; Mitigation of traffic, parking, noise, and other impacts on the surrounding neighborhood; and Compliance with life/safety standards that are commonly applied to other types of lodging establishments (such as hotels, motels, and bed-and-breakfasts). 3. Transient Rental(s) - Ocean Shores Municipal Code Review Presented by... Page 7 of 23  Another issue of increasing concern is the impact of short-term rentals on a community’s affordable housing supply. In this case, the concern isn’t necessarily about a homeowner renting out a room or backyard cottage to help with monthly mortgage payments. Instead, local governments fear that property owners will purchase residential units and rent them out on a short-term basis to out-of-town visitors, thereby taking them out of the year-round rental housing supply. In fact, Vancouver, BC, just passed regulations allowing homeowners or renters to rent out some or all of their principal home, but prohibits the rental of a secondary residence or a “laneway home” — what we in the U.S. would call a detached accessory dwelling unit (ADU) or a backyard cottage. A major driver for that action was the concern about the impact of short-term vacation rentals on the city’s already tight rental housing market. Regulatory Examples The following examples from local governments span the spectrum jurisdictions have taken on short-term rentals, from a strict approach to those that only lightly regulate them. Washington State Examples Clyde Hill’s Municipal Code addresses short term rentals in Chapter 5.20, requiring that they be permitted, that the operator have a business license, and that rentals meet minimum standards in order to qualify. Ilwaco’s Municipal Code allows vacation rentals as a conditional use in single-family, residential zones and as a permitted use in other specified zones, and sets minimum standards for rentals to maintain in Chapter 15.41. Leavenworth’s Municipal Code Chapter 18.52, Section 120 allows “bed-and-breakfasts” as a conditional use, so long as the owner resides on the premises during a visitor’s stay, and the operation meets other standards. Poulsbo’s Municipal Code Chapter 18.70 (Residential Districts), Section 070 states “an ADU may not be used as a short-term rental and must be rented for a minimum of 90 days or more.” San Juan County’s Municipal Code Chapter 18.40, Section 270 establishes standards for use of single-family residences and ADUs as short-term rentals. Spokane’s Short-Term Rentals webpage describes that city’s standards for two categories of short-term rentals: 1. Type A, which requires an administrative permit, where bedrooms or an entire dwelling unit can be rented but commercial meetings are prohibited 2. Type B, which requires a type III conditional use permit, where bedrooms or an entire dwelling unit can be rented and commercial meetings are allowed Tacoma offers a 1-page Short-Term Rental Fact Sheet while Walla Walla’s regulations are highlighted on its Short- Term Rental FAQ webpage. Finally, Westport’s Municipal Code Chapter 17.22 on Vacation Rental Dwellings addresses its standards and permitting requirements for short-term rentals. Out-of-State Examples Boulder’s (CO) Short-Term Rentals webpage includes a link to a short-term rental license application packet. 3. Transient Rental(s) - Ocean Shores Municipal Code Review Presented by... Page 8 of 23  Durango (CO) maintains a Vacation Rental Information webpage that details a relatively strict rental code, including a maximum number per block/intersection for designated residential areas. The city requires a rental license, which can be revoked if the Land Use Development Code is violated. The Land Use and Development Code, Section 2-2-3-4, Subsection G outlines the variety of standards vacation rental homes must meet. For more information on the city’s regulatory strategy, check out the following presentation made by Durango City Planner Phillip Supino: Preserving Housing through Short Term Rental Regulation San Francisco’s (CA) Office of Short-Term Rentals webpage includes a lot of links to good information about local requirements. In order to legally rent a home as a short-term rental (less than 30 nights), a property owner must meet several conditions, including the following: You must be the permanent resident of the unit that you wish to rent; You must register as a business; You must become a certified host; and You may rent a portion of your residence for an unlimited number of nights if you (the owner) are also present, but there is a maximum of 90 unhosted nights per calendar year. In conclusion, if you are considering short-term rental regulations for one or more of the reasons described above, there are a lot of local government examples available for review. Questions? Comments? For more details about issues related to short-term rentals, please consult the following MRSC blogs: Local Government Catching Up with Airbnb and Other Short-Term Transient Rental Businesses (February 12, 2016) Airbnb: Regulation of Internet-Based Businesses (August 25, 2014) If you have had experience with short-term rentals in your community or have developed an approach that has been working, please leave a comment below or contact me directly at sbutler@mrsc.org. If you have questions about this or other local government issues, please use our Ask MRSC form or call us at (206) 625-1300 or (800) 933-6772. MRSC is a private nonprofit organization serving local governments in Washington State. Eligible government agencies in Washington State may use our free, one-on-one Ask MRSC service to get answers to legal, policy, or financial questions. About Steve Butler Steve joined MRSC in February 2015. He has been involved in most aspects of community planning for over 30 years, both in the public and private sectors. He received a B.A. from St. Lawrence University (Canton, New York) 3. Transient Rental(s) - Ocean Shores Municipal Code Review Presented by... Page 9 of 23  and a M.S. in Urban and Regional Planning from the University of Wisconsin-Madison. Steve has served as president of statewide planning associations in both Washington and Maine, and was elected to the American Institute of Certified Planner’s College of Fellows in 2008. VIEW ALL POSTS BY STEVE BUTLER Follow us: © 2022 Municipal Research and Services Center of Washington (MRSC). All rights reserved. Privacy & Terms. 3. Transient Rental(s) - Ocean Shores Municipal Code Review Presented by... Page 10 of 23  Ocean Shores Municipal Code Chapter 17.50 17.50.055 Transient rentals. A. Purpose. The purpose of the ordinance codified in this section by petition or initiative is to protect the character of the city’s residential neighborhoods by prohibiting transient rental of dwellings and recreational vehicles therein. Use of dwellings for transient rental purposes has unmitigatable adverse impacts on surrounding residential uses and properties and is therefore prohibited except as provided for in these zoning regulations. It is found and determined that transient rental of dwellings has been permitted in the past and that the lawful use of property pursuant to the former Ocean Shores Municipal Code Sections 17.50.055, 17.16.050 and Ocean Shores Ordinances 419 (1986) and 518 (1991) may continue for a specified period subject to certain conditions contained in this section. These conditions include an amortization period of five years and the provision for individualized determinations that lawful investments specifically committed to transient occupancy have been made and may warrant a longer amortization period. B. Prohibition of Transient Rental with Exceptions. No owner, person or entity shall occupy, use, operate, rent or lease nor offer or negotiate to use, lease or rent a dwelling in the R-1, R-2, R-3, R-4, R-5, R-6A, R-6B, R-6C, R-7, R-8 and R-9 zones for transient rental except: a dwelling holding a lawful conditional use permit for transient rental on the effective date of the ordinance codified in this section and which complies with the requirements of subsection (C) of this section. C. Requirements for Continued Transient Rental. 1. No owner, person or entity shall rent, lease, operate, manage or maintain a dwelling in the R-1, R-2, R-3, R-4, R-5, R-6A, R-6B, R-6C, R-7, R-8 and R-9 zones for transient rental after the effective date of the ordinance codified in this section unless the dwelling had a valid and lawful transient rental conditional use permit on the effective date of said ordinance and meeting the following requirements: a. Any person or entity who rented or leased a dwelling unit for transient rental by virtue of a conditional use permit issued pursuant to former Ocean Shores Municipal Code Sections 17.50.055 and 17.16.050 and Ocean Shores Ordinances 419 (1986) and 518 (1991) during the period between January 1, 1989, and the effective date of the ordinance codified in this section or who otherwise claims a nonconforming use status for transient rental must establish the nonconforming use status of their transient rental activity by filing a claim for nonconforming use status with the city planner or in his or her absence the public works director or designee within ninety days of the effective date of said ordinance. b. Upon timely receipt of any such claim the Ocean Shores hearing examiner shall conduct a hearing, pursuant to Chapter 17.61, and determine whether grounds for the issuance of a nonconforming use permit have been proved by a preponderance of the evidence. Proceedings and appeal rights shall be as provided in Chapter 17.61 as amended. 2. Any transient rental nonconforming use permit issued pursuant to subsections (C)(1)(a) and (b) of this section shall have conditions no less stringent than the conditions under which the predecessor conditional use permit was issued and shall have a term ending five years from the effective date of the ordinance codified in this section and all transient rental of the 3. Transient Rental(s) - Ocean Shores Municipal Code Review Presented by... Page 11 of 23  Ocean Shores Municipal Code Chapter 17.50 dwelling shall be prohibited from and after the expiration of the five years unless hardship relief has been granted pursuant to subsection (C)(3) of this section. 3. A hardship provision is established for property owners who can prove that an investment made exclusively for the purpose and use of the dwelling as a transient rental can not be reasonably amortized and recovered over the five years allowed in subsection (C)(2) of this section. An application for hardship relief can only be made within the time and in the manner permitted for an application for a nonconforming use permit and shall be heard in conjunction with the hearing on the nonconforming use permit under the same conditions, requirements and appeal rights as specified for the nonconforming use permit. The hearing examiner shall determine, based upon a preponderance of evidence presented of generally accepted accounting principles and other substantial evidence, whether an extension of the term of the nonconforming use permit is needed to permit a reasonable amortization and recovery of investments proved to have been made exclusively for the purpose and use of the dwelling as a transient rental, and the term of any extension needed to accomplish a reasonable amortization and recovery of the investment. 4. Any nonconforming use permit may be suspended temporarily or revoked upon findings by the hearing examiner, after a hearing and subject to appeal as any other ruling of the hearing examiner, that the subject property has become a nuisance to its neighbors, engenders an unreasonable amount of law enforcement activity, violates one or more of the conditions of its issuance, violates any one or more of the provisions of the zoning code or any one or more of the foregoing. D. Any violation of the provisions of this transient rental section shall be enforced by the public works director or designee in the manner specified in Chapter 17.62; provided, that the penalty shall not be less than one hundred dollars plus fifty dollars per day of occupancy in violation of this section. (Ord. 940 § 2 (part), 2014; Ord. 858 § 1 (part), 2009; Ord. 837 § 1 (part), 2008: Ord. 611, 1997; Ord. 555 §§ 5(A), (B) and (C), 1993) 3. Transient Rental(s) - Ocean Shores Municipal Code Review Presented by... Page 12 of 23  Chapter 5.20 SHORT-TERM RENTALS Sections: 5.20.010 Administrative permit required. 5.20.020 Conditions of approval of a business license for short-term rentals. 5.20.030 Notice, approval, and/or denial of short-term rental business licenses. 5.20.040 Suspension or revocation procedure. 5.20.050 Penalties. 5.20.010 Administrative permit required. A. Purpose. It is the intent of this chapter to recognize the desire of some property owners to rent their dwelling on a short-term basis and establish appropriate regulations to mitigate the disruption that short-term and vacation rental dwellings may have on a neighborhood. This purpose and intent shall govern the interpretation of the entire chapter. B. Permit Required. Any person desiring to rent their home on a short-term or vacation rental basis shall make application for a business license pursuant to Chapter 5.18 CHMC, and pay the administrative fee established by city resolution for this purpose as well as the master license service’s applicable handling fee. For purposes of this chapter, a “short-term or vacation rental” means the rental of a dwelling or portion thereof used for the purpose of providing lodging for periods of less than 30 days. A short-term or vacation rental shall not include a house-swap or home-exchange arrangement. (Ord. 946 § 2, 2016) 5.20.020 Conditions of approval of a business license for short-term rentals. A. The following conditions of approval shall apply to business license applications for short-term or vacation rentals: 1. Local Property Representative. The property owner must designate a local property representative who shall be available 24 hours per day, seven days per week, for the purpose of: (a) responding within one hour to complaints regarding the condition, operation, or conduct of occupants of the short-term rental; and (b) taking remedial action to resolve any such complaints. The name, address, and telephone contact number of the property owner and the local property representative shall be kept on file at the city. The failure to provide the contact information, 3. Transient Rental(s) - Ocean Shores Municipal Code Review Presented by... Page 13 of 23  failure to keep the contact information current, failure to respond in a timely manner to complaints, or the occurrence of repeated complaints may result in the suspension or revocation of approval and/or civil or criminal penalties. 2. Occupancy. Maximum occupancy of the rental shall be based on the International Building Code standards. The property owner shall be responsible for ensuring that the dwelling unit is in conformance with its maximum occupancy. 3. Restrictions on Use. A renter may not use a short-term rental for a purpose not incidental to its use for lodging or sleeping purposes. This restriction includes using the rental for a wedding, banquet, reception, bachelor or bachelorette party, concert, fundraiser, sponsored event, or any similar group activity. 4. Parking. There will be no demand for parking beyond that which is normal to a residential area and no unusual or excessive traffic to and from the premises. 5. Signage. No outdoor advertising signs related to the rental dwelling shall be allowed on the site. 6. Informational Packet. A packet of information shall be provided to renters and posted conspicuously in the common area of the short-term rental summarizing guidelines and restrictions applicable to the short-term rental use, including: a. Information on maximum occupancy; b. Applicable noise and use restrictions; c. Location of off-street parking; d. Direction that trash shall not be stored within public view, except within proper containers for the purpose of collection, and provision of the trash collection schedule; e. Contact information for the local property representative; f. Evacuation routes; g. The renter’s responsibility not to trespass on private property or to create disturbances; and 3. Transient Rental(s) - Ocean Shores Municipal Code Review Presented by... Page 14 of 23  h. Notification that the renter is responsible for complying with this chapter and that the renter may be cited or fined by the city for violating any provisions of this chapter. 7. Insurance. The property owner shall maintain on file at the city an up-to-date certificate of insurance documenting that the dwelling is insured as a short-term or vacation rental. 8. Inspection. The property owner or his/her designee shall maintain on file at the city an up-to- date certificate of inspection documenting that the dwelling complies with the provisions for transient accommodations in the International Building Code as adopted by the city and shall obtain an appropriate certificate of occupancy. It shall be the responsibility of the property owner to schedule and pass an annual safety inspection. 9. Compliance with City Ordinances. All short-term or vacation rentals must comply with all city codes and ordinances, including but not limited to Chapter 8.10 CHMC, Noise Regulations, and Chapter 8.05 CHMC, Nuisances. B. Effective Date and Expiration. A business license obtained under Chapter 5.18 CHMC shall be effective for one year, and shall expire on the date established by the master license service. Should an applicant apply for a license after the beginning of the license year, the license fee as established by periodic resolution of the city council shall be paid in full and shall not be prorated. The business license renewal procedures established in CHMC 5.18.090 shall apply. (Ord. 946 § 2, 2016) 5.20.030 Notice, approval, and/or denial of short-term rental business licenses. The procedures for the approval and denial of a business license, and for the appeal of a business license decision, shall apply as established in CHMC 5.18.100. Applicants that do not comply with the conditions of approval as established in CHMC 5.20.020 shall be denied a business license or renewal of a business license. (Ord. 946 § 2, 2016) 5.20.040 Suspension or revocation procedure. If the administrator has reasonable cause to believe that any of the conditions imposed upon a short- term rental business under this chapter have been violated, the administrator shall follow the procedures established in CHMC 5.18.110 to revoke or suspend the business license. (Ord. 946 § 2, 2016) 5.20.050 Penalties. Any person violating any provision of this chapter shall be subject to the enforcement procedures, remedies, and the civil and criminal penalties provided in Chapter 1.08 CHMC. (Ord. 946 § 2, 2016) 3. Transient Rental(s) - Ocean Shores Municipal Code Review Presented by... Page 15 of 23  The Clyde Hill Municipal Code is current through Ordinance 979, passed January 12, 2021. Disclaimer: The city clerk’s office has the official version of the Clyde Hill Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: https://www.clydehill.org/ City Telephone: (425) 453-7800 Code Publishing Company 3. Transient Rental(s) - Ocean Shores Municipal Code Review Presented by... Page 16 of 23  San Juan County 18.40.275 Vacation rental of residences or accessory dwelling units (ADUs). When vacation rental of a residence or accessory dwelling unit, as defined by SJCC 18.20.220, is allowed by this code, the following standards apply: 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. 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. C. The vacation rental shall be operated according to rules of conduct approved by the County that prevent the following disturbances to area residents: 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. F. One on-site parking space shall be provided for each bedroom within the vacation rental. 3. Transient Rental(s) - Ocean Shores Municipal Code Review Presented by... Page 17 of 23  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. 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. 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. Transient Rental(s) - Ocean Shores Municipal Code Review Presented by... Page 18 of 23  3. Include the San Juan County permit number for the vacation rental in all advertisements and marketing materials such as brochures and websites; 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. L. The owners of vacation rental permits vested or approved prior to the effective date of the ordinance codified in this section are required to comply with all subsections of this section except subsections (B), (F) and (J) of this section by December 31, 2018, 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. (Ord. 2-2018 § 2) 3. Transient Rental(s) - Ocean Shores Municipal Code Review Presented by... Page 19 of 23  Chapter 17.22 VACATION RENTAL DWELLINGS Sections: 17.22.010 Definitions. 17.22.020 Intent. 17.22.030 Permitted zones. 17.22.040 Eligible dwellings and limitations. 17.22.050 Application for vacation rental approval. 17.22.060 Criteria for approval. 17.22.070 Waiver. 17.22.080 Business license required. 17.22.090 Continued compliance with this chapter. 17.22.100 Nontransferability. 17.22.110 Enforcement and penalty. 17.22.120 Severability. 17.22.010 Definitions. For the purposes of this chapter, the following definitions shall apply. “Condominium dwelling” means a dwelling unit, established under the Horizontal Regimes Act of the State of Washington, owned separately from any other unit within the same building, if any, and the lot on which the building is located is owned in common by all dwelling unit owners. “Dwelling group” means two or more detached buildings, each containing one or more dwelling units on a lot, where the occupants are renters or one unit may be occupied by the lot owner. Dwelling, Single-Family or One-Family. “Single-family dwelling” means a building containing one dwelling unit on a lot, intended for occupancy by one family which may be either the lot owner or a renter. “Dwelling unit” means one or more habitable rooms for one family with facilities for living, sleeping, cooking, and eating. “Family” means an individual, or two or more persons related by blood or marriage, or a group of not more than five persons who are not all related by blood or marriage, living together in a dwelling unit. “Full-time” means at least 11 months out of the year. 3. Transient Rental(s) - Ocean Shores Municipal Code Review Presented by... Page 20 of 23  “Guest house” means a detached dwelling unit without cooking facilities accessory to a single-family dwelling. “Guest room” means any room or suite occupied for sleeping purposes by a guest or guests for compensation in which no provision is made for cooking. Every 100 square feet of gross floor area in a dormitory shall be considered a guest room. “Parking space” means a hard surface, porous pavement, or graveled space of at least nine feet by 20 feet that is reserved for vehicle parking purposes. “Short-term” means 30 calendar days or less. “Vacation rental dwelling” means the use of an approved vacation rental dwelling by any person or group of persons who occupies or is entitled to occupy a dwelling unit, guest room, or guest house for remuneration for a period of less than 30 calendar days, counting portions of days as full days. “Remuneration” means compensation, money, rent or other bargained for consideration given in return for occupancy, possession or use of real property. (Ord. 1384, 2006) 17.22.020 Intent. It is the intent of this chapter to: (1) Establish appropriate regulations that mitigate the disruption that vacation rental dwellings may have on a neighborhood. (2) Recognize the desire of some property owners to rent their dwelling on a short-term basis. (Ord. 1384, 2006) 17.22.030 Permitted zones. A vacation rental dwelling use is a permitted use in all zoning districts that allow single-family residences as a permitted use. (Ord. 1384, 2006) 17.22.040 Eligible dwellings and limitations. No more than one vacation rental shall be allowed on a single parcel with the exception of the mixed use tourist commercial zoning districts. Where a single parcel of property contains a combination of any of the following: single-family dwelling, guest room, guest house, or dwelling group; only one shall be eligible to function as a short-term vacation rental. However, this limitation shall not apply to condominium dwellings. (Ord. 1384, 2006) 17.22.050 Application for vacation rental approval. An application for vacation rental use of an eligible dwelling unit must be completed and submitted to the city for review. If compliance with the provisions of this chapter is demonstrated, an approval for a vacation rental use will be issued. A business license for a vacation rental business will not be issued by the city until an approval for vacation rental use of the dwelling has been issued. (Ord. 1384, 2006) 17.22.060 Criteria for approval. The following criteria shall be met in order for approval of a property to be authorized by the city as a vacation rental dwelling. (1) Occupancy. Maximum occupancy of the rental shall be based on the International Building Code standards. The property owner shall be responsible for ensuring that the dwelling unit is in conformance with its maximum occupancy. 3. Transient Rental(s) - Ocean Shores Municipal Code Review Presented by... Page 21 of 23  (2) Parking. At least one additional off-street parking space shall be provided for the vacation rental use, in addition to all other parking required for the dwelling. Parking on-site along the front property line shall not exceed 40 percent of the front-yard frontage. The number of vehicles at a vacation rental residence shall not at any time exceed the number of available parking spaces on the subject property. However, this limitation shall not apply to condominium dwellings. (3) Signage. With the exception of the mixed use tourist commercial zoning district, no outdoor advertising signs related to the vacation dwelling shall be allowed on the site. All signage within the mixed use tourist commercial zoning district shall comply with the provisions of Chapter 15.16 WMC. (4) Solid Waste Collection. Weekly solid waste collection is required during all months. (5) Local Property Representative. Where the property owner does not reside full-time within 50 miles driving distance of Westport, a local property manager shall be designated. The local property manager shall reside full-time within 50 miles driving distance from Westport. The local representative or property owner shall be responsible for responding to complaints about the rental. The name, address, and telephone contact number of the property owner or local representative shall be kept on file at the city of Westport. Additionally, a notice that states the name, address, and telephone number of the property owner or local representative will be sent to all property owners within 150 feet of the vacation rental property. If the local representative changes, the owner of the vacation rental property shall be required to send out new notices to all property owners within 150 feet of the subject property. (6) Informational Sign. A sign shall be posted conspicuously inside the dwelling to provide information on maximum occupancy, location of off-street parking, contact information for the property owner or local representative, evacuation routes, and the renter’s responsibility not to trespass on private property or to create disturbances. (7) Other Standards. The vacation rental dwelling shall meet all applicable requirements of the zone in which it is located, including but not limited to setbacks, maximum height, and lot coverage standards. (Ord. 1384, 2006) 17.22.070 Waiver. The city administrator or designee shall have the right to waive compliance with any provision of WMC 17.22.060 if there are circumstances unique to the subject property that make compliance extremely difficult. A written waiver shall only be issued if it will not result in the harm of adjacent properties. (Ord. 1384, 2006) 17.22.080 Business license required. Vacation rental dwellings shall meet all local and state regulations, including those pertaining to business licenses and taxes. (Ord. 1384, 2006) 17.22.090 Continued compliance with this chapter. A city approved vacation rental dwelling shall be in compliance with the standards of WMC 17.22.060 and 17.22.080 at all times, or have been issued a written waiver in accordance with WMC 17.22.070, or shall be subject to the provisions of WMC 17.22.110. (Ord. 1384, 2006) 17.22.100 Nontransferability. A vacation rental dwelling approval is issued to a specific owner of a dwelling. If the property owner sells or transfers the real property, the new owner shall apply for and must receive a vacation rental dwelling approval from the city before using the dwelling as a vacation rental. (Ord. 1384, 2006) 3. Transient Rental(s) - Ocean Shores Municipal Code Review Presented by... Page 22 of 23  17.22.110 Enforcement and penalty. This chapter may be enforced by any authorized representative of the city including, but not limited to, the chief of police, building inspector, code enforcement official, city administrator, or designee. The city may press charges against the property owner, owner’s agent, and/or the designated property manager. The first violation of this chapter (per property) shall be punishable by a $250.00 fine. The second violation of this chapter (per property) within a 12-month period shall be punishable as a criminal misdemeanor. Penalties under this section shall be deemed to be separate from any other applicable penalty provisions including license and tax penalties. (Ord. 1384, 2006) 17.22.120 Severability. If any term or provision of this chapter or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this chapter or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect. (Ord. 1384, 2006) The Westport Municipal Code is current through Ordinance 1660, passed November 8, 2021. Disclaimer: The City Clerk's Office has the official version of the Westport Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. City Website: https://www.ci.westport.wa.us/ City Telephone: (360) 268-0131 Code Publishing Company 3. Transient Rental(s) - Ocean Shores Municipal Code Review Presented by... Page 23 of 23