1. The purpose of this subchapter is to establish a permitting process and appropriate standards for private short term rentals of single-family and multiple family dwellings as an alternative to the hotel, motel and bed and breakfast accommodations currently existing in the city; to minimize the negative secondary effects of short term rental use on surrounding residential neighborhoods; and, to retain the character of the neighborhoods in which any short term rental use occurs.
2. This subchapter is not intended to provide any owner of residential property with the right or privilege to violate any private conditions, covenants and restrictions applicable to the owner's property that may prohibit use of such owner's residential property for short term rental purposes, as defined in this subchapter.
3. This subchapter is not intended to regulate hotels, motels and bed and breakfast establishments, as defined in the Auburn Municipal Code, that do not qualify as short term rentals.

(Ord. 15-1, eff. 2-11-2015)

1. The City Council hereby finds that the city's regulations of short term rental uses in accordance with this subchapter, including the establishment of the non-transferability provisions, is a valid exercise of the city's police power in furtherance of the legitimate governmental interests documented in this subchapter.
2. The City Council hereby finds that the adoption of a comprehensive ordinance regulating the issuance of and operating conditions attached to short term rental permits is necessary to protect public health, safety and welfare.

(Ord. 15-1, eff. 2-11-2015)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly requires a different meaning to serve the intent of this subchapter.

GOOD NEIGHBOR BROCHURE. A document prepared by the city that summarizes the general rules of conduct, consideration, and respect, including without limitation provisions of the City of Auburn Municipal Code and other applicable laws, rules, or regulations, pertaining to the use and occupancy of a short term rental unit.

OWNER. Any person who: A. Owns the property on which the short term rental is located, and B. Takes responsibility for the management or maintenance of the property and short term rental.

SHORT TERM RENTAL PERMIT. A permit that allows the use of a privately owned residential dwelling as a short term rental unit pursuant to the provisions of this subchapter.

SHORT TERM RENTAL UNIT. A private residential dwelling, or any portion of such dwellings, such as, but not limited to, a single family attached or detached unit or multiple family attached or detached unit, apartment house, condominium, cooperative apartment, rented for occupancy for dwelling, lodging, or sleeping purposes for any period less than 30 consecutive days, in exchange for any form of payment. The definition of short term rental does not include "house swapping" where no money exchange is occurring or "vacation rentals" as defined herein.

TRANSIENT. See § 33.186 of the Auburn Municipal Code.

VACATION RENTAL. Renting out of a furnished apartment or house on a temporary basis, for 30 days or less.

(Ord. 15-1, eff. 2-11-2015)

The owner must obtain a short term rental permit from the city, before renting any short term rental unit.

(Ord. 15-1, eff. 2-11-2015)

A. The owner must submit an application for a short term rental permit on an application form provided by the city.

B. The short term rental permit application shall be accompanied by an application fee as established by resolution of the City Council.

(Ord. 15-1, eff. 2-11-2015)

1. Upon receipt of an application and fee, the Director shall process a short term rental permit in accordance with § 159.476 (Administrative Permits; Issuance), except that if any part of that section conflicts with the procedures and requirements set forth in this subchapter, this subchapter shall govern.
2. If the Director receives opposition to the short term rental permit application, the applicant may elect to forward the application to the Planning Commission. Short term rental permit applications forwarded to the Planning Commission shall be accompanied by a processing fee established by resolution of the City Council. If the applicant does not elect to forward the application to the Planning Commission, it shall be deemed withdrawn.
3. The Planning Commission shall review and either approve or deny the application pursuant to the requirements of this subchapter after considering the effects the proposed use would have on surrounding uses and the cumulative impacts within the community. In approving a short term rental application, the Planning Commission shall make the use permit findings contained in §§ 159.408et seq. of the Auburn Municipal Code.
4. The Planning Commission may impose conditions on the granting of an application for a short term rental permit to mitigate the impacts of the proposed land use.
5. Notice of application.
   1. The Director shall provide notice of application, including a copy of the good neighbor brochure, for a short term rental permit to the property owners located within a 100-foot radius of the property that the short term rental unit is situated within 10 days of approving the application.
      
      2. The notice of application shall state that the noticed owners may file a written protest against the proposed short term rental with the Director. All protests must be postmarked or received not less than 10 days of the mailing of the noticed application.
      
      3. Subdivisions E.1 and E.2 shall not apply to short term rentals in the Central Business (C-2) District.
      
      
6. Appeals. Any person aggrieved by the action of the Director may appeal that action to the Planning Commission pursuant to Chapter 162 of the Auburn Municipal Code. Actions by the Planning Commission may be further appealed to the City Council pursuant to Chapter 162 of the Auburn Municipal Code.

(Ord. 15-1, eff. 2-11-2015)

A. The owner shall use reasonably prudent business practices to ensure that the short term rental unit is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short term rental unit.

B. Maximum number of days and nights for rent or lease. The maximum number of days that a short term rental may be occupied by any 1 transient is 30 consecutive days.

C. Maximum number of occupants. The maximum number of overnight guests for a short term rental shall not exceed 2 persons per bedroom, excluding children under the age of 12. Additional daytime guests are allowed between the hours of 7:00 a.m. and 10:00 p.m.

D. Appearance, visibility or location. A short term rental shall not change the residential character of the outside appearance of the residence, either by the use of colors, materials, lighting, or any advertising mechanism.

E. On-site parking required. The parking spaces required shall be in addition to the parking required of the existing residential unit. A minimum of 1 parking space shall be provided for each guest room. All parking associated with a short term rental shall be located entirely on-site and may be located within the existing driveway.

F. Noise. Occupants of the short term rental shall comply with the noise standards and regulations of the City of Auburn Municipal Code, Chapter 93.

G. Renter notification. The owner shall provide each occupant of the short term rental with the following information prior to occupancy of the unit and shall post such information in a prominent location within the unit:

1. Name of the owner with 24-hour availability;

2. The maximum number of overnight occupants permitted pursuant to this subchapter;

3. Trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash on the exterior of the property;

4. A copy of the good neighbor brochure.

(Ord. 15-1, eff. 2-11-2015)

A. While a short term rental unit is rented, the owner shall be available 24 hours per day, 7 days per week for the purpose of responding within a timely manner to complaints regarding the condition, operation, or conduct of occupants of the short term rental unit or their guests. To comply with this subdivision, the owner shall do one or both of the following:

1. Reside within one hour’s travel time of the property.

2. Contract for or otherwise acquire property management services for the short term rental unit from a person or entity located within one hour’s travel time.

B. The owner shall use reasonably prudent business practices to ensure that the occupants and guests of the short term rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the short term rental unit.

C. Prior to occupancy of a short term rental unit, the owner shall:

1. Provide a copy of the good neighbor brochure to the occupant; and

2. Require the occupant to execute a formal acknowledgment that he or she is legally responsible for compliance with all applicable laws, rules and regulations pertaining to the use and occupancy of the short term rental unit by all occupants of the short term rental and their guests. This information shall be maintained by the resident/owner for a period of 3 years and be made readily available upon request of any officer of the city responsible for the enforcement of any provision of the Municipal Code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short term rental.

D. The owner shall upon notification that any occupant or guest of the short term rental has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short term rental, promptly respond in a timely manner to immediately halt or prevent a recurrence of such conduct by the responsible person, occupants, or guests. Failure of the owner to respond to calls or complaints regarding the condition, operation, or conduct of occupants or guests of the short term rental within a timely manner shall be subject to all administrative, legal and equitable remedies available to the city.

E. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the city's authorized waste hauler on scheduled trash collection days.

F. The owner shall post a copy of the short term rental permit and a copy of the good neighbor brochure in a conspicuous place within the short term rental unit, and a copy of the good neighbor brochure shall be provided to each occupant of the subject short term rental.

G. The Director and Planning Commission, shall have the authority to impose additional conditions on the use of any given short term rental to ensure that any potential secondary effects unique to the short term rental unit are avoided or adequately mitigated.

H. The standard conditions set forth herein may be modified by the Planning Commission, upon request of the owner based on site specific circumstances for the purpose of allowing reasonable accommodation of a short term rental. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a short term rental would not be allowed. Any hardships identified must relate to physical constraints to the subject site and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem.

I. The owner shall be in compliance with all of the regulations pertaining to the operation of a short term rental use.

J. The short term permit is not transferable.

K. Such other information or conditions as the Director deems reasonably necessary to administer this subchapter.

L. Prior to the operation of a short term rental, the owner shall obtain a business license from the City of Auburn.

M. the owner shall comply with the requirements of Auburn Municipal Code section 33.185 et seq. regarding transient occupancy taxes.

(Ord. 15-1, eff. 2-11-2015)

Violations of this subchapter shall be remedied in accordance with §§ 10.80et seq. (Administrative Enforcement) of the Auburn Municipal Code.

(Ord. 15-1, eff. 2-11-2015)

If any section, sentence, clause, phrase, or portion of this subchapter is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining sections, sentences, clauses, phrases, or portions of this subchapter shall be nonetheless remain in full force and effect. The City Council of the City of Auburn hereby declares that it would have adopted each section, sentence, clause, phase, or portion of this subchapter, irrespective of the fact that any one or more sections, sentences, clauses, phrases, or portions of this subchapter be declared invalid or unenforceable and, to that end, the provisions of this subchapter are severable.

(Ord. 15-1, eff. 2-11-2015)