The purpose of this chapter is to establish regulations governing the short-term rental of residential property within the city. The establishment of these regulations will help maintain adequate housing stock for permanent residents while ensuring that short-term rental activities do not become a nuisance or threaten the public health, safety, or welfare due to excessive noise, disorderly conduct, overcrowding, traffic congestion, illegal parking, the accumulation of refuse, and other effects related to short-term rentals.

(Code 1985, § 17.74.010; Ord. No. 554, § 1, 8-14-2017)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A.

Host means the person who is responsible for conducting the short-term rental activity and who is identified as the host in the application for approval submitted pursuant to this chapter.

B.

Hosted short-term rental means to provide transient lodging in a dwelling unit, for compensation, for a period of 30 consecutive calendar days or less, while a host is available to manage the property throughout the lodger's stay. The term "hosted short-term rental" does not include transient lodging in city-approved hotels and motels.

C.

Hosting platform means a marketplace in whatever form or format which facilitates short-term rentals through advertising, matchmaking or any other means, using any medium of facilitation, and from which the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace.

D.

Primary residence means the dwelling unit in which a person resides for more than half of the year.

E.

Short-term rental means to provide transient lodging in a dwelling unit, for compensation, for a period of 30 consecutive calendar days or less. The term "short-term rental" does not include transient lodging in city-approved hotels and motels.

(Code 1985, § 17.74.020; Ord. No. 554, § 1, 8-14-2017)

The short-term rental of residential property is a prohibited use in every zoning district in the city, with the exception of approved hosted rentals permitted pursuant to this chapter.

(Code 1985, § 17.74.030; Ord. No. 554, § 1, 8-14-2017)

A.

Hosted short-term rentals are allowed in any zoning district where residential uses are permitted subject to the following requirements:

1.

The short-term rental activity must be approved by the planning director pursuant to section 17.74.050.

2.

The rental property must be the property owner's primary residence.

3.

A maximum of two overnight lodgers per bedroom are allowed per night in any single-family dwelling or any single dwelling unit in a multifamily dwelling. The limit of two overnight lodgers per bedroom does not include minor children who are accompanied by an adult.

4.

Rental to unaccompanied minors under the age of 18 years is prohibited.

5.

The host shall reside on-site, although it is not necessary that the host be present on-site throughout the lodgers' stay. To reside on-site means that the property being used for short-term rentals is the host's primary residence and the host uses the property for purposes of eating, sleeping, and other activities of daily living. Lodgers may stay in an accessory dwelling unit if the host resides in the primary dwelling. Lodgers may also stay in one dwelling unit of a two-family dwelling if the host resides in the other dwelling unit. Only one dwelling unit per property may be used as a short-term rental, regardless of the total number of dwellings on the property.

6.

The host shall comply with all permit conditions and applicable local, state, and federal laws, including, but not limited to, health, safety, fire, and building codes including the federal Americans with Disabilities Act as it applies to commercial lodging facilities.

7.

The host must provide all lodgers with facilities for sleeping, bathing, and toileting inside of a permanent dwelling that is suitable for human occupancy. Rental of sleeping space in or on balconies, porches, tents, sheds, vehicles or outdoor areas is prohibited.

8.

The host shall obtain a business license, as required by chapter 5.04 and shall pay all business licenses taxes as required by chapter 5.08.

9.

The host shall collect and remit transient occupancy tax, in coordination with any hosting platform if utilized, pursuant to chapter 3.20. Transient occupancy taxes shall be remitted on a monthly basis at the end of the subsequent month.

10.

The host shall pay all applicable city tourism improvement district fees. City tourism improvement district fees shall be remitted on a monthly basis at the end of the subsequent month.

11.

The host is responsible for ensuring the property does not become a nuisance due to the short-term rental activity.

12.

No outside signage advertising the property as a short-term rental shall be permitted.

B.

The host must provide adequate on-site parking for all lodgers. On-street parking shall not be considered as on-site parking for short-term rental guests.

C.

No property shall be rented for less than 30 days if it is an accessory dwelling unit or junior accessory dwelling unit which is required to be rented for at least 30 days by the provisions of chapter 17.75 regarding accessory dwelling units and junior accessory dwelling units.

(Code 1985, § 17.74.040; Ord. No. 554, § 1, 8-14-2017; Ord. No. 564, § 2, 12-9-2019)

A.

No person shall undertake, maintain, authorize, aid, facilitate or advertise any hosted or short-term rental activity that does not comply with the provisions of this Code.

B.

In all districts where the above-described activity is permitted, a short-term rental permit shall be required.

C.

The application for approval of a short-term rental permit shall include the following:

1.

Name, address and contact information of the host.

2.

Name, address and contact information of the owner of the property where the short-term rental activity will occur.

3.

Name, address and contact information for the host's local emergency contact representative in the event the host and the property owner are unable to be contacted.

4.

Proof the rental property is the primary residence of the property owner.

5.

If the property is part of a common interest development, the application shall include a letter of authorization from the homeowner's association indicating that use of the property for short-term rentals meets the property's requirements.

6.

Any additional information or supporting materials to describe existing property conditions and the proposed operations as required by the planning director.

D.

The planning director shall not approve the short-term rental application unless the director finds that the use will comply with the requirements of this Code and other applicable law. The decision of the planning director to deny an application for a short-term rental may be appealed by the applicant to the city council in the manner set forth in section 17.80.110 (procedure for appeal for denial of variances or use permits). The city council's determination of the appeal shall be final.

E.

Prior to issuance of a short-term rental permit, all properties within 300 feet of the subject property described in the permit application will be provided mailed notice of the applicant's intent to operate a short-term rental. Such notice will also be posted at city hall. The public will be provided 30 days to comment from the date the notice is posted at city hall.

F.

The planning director may add conditions to a short-term rental permit to prevent impacts of the short-term rental activities from being a nuisance to the surrounding properties including conditions related to specific parking requirements, noise reduction measures, and garbage collection and related property maintenance issues.

G.

The short-term rental application approval shall be effective for one year from the date of issuance and shall be renewed each year. Criteria for approval of renewal application shall be the same as for the initial application. However, the planning director may deny any application for a renewal permit if there is evidence that the host has violated any of the requirements of this chapter 17.74.

(Code 1985, § 17.74.050; Ord. No. 554, § 1, 8-14-2017)

The approval of short-term rental may be revoked or modified by the planning director as follows:

A.

Notice and hearing. Notice shall be mailed to the host at the address specified in the approval application. The notice shall specify the reasons for the revocation and shall designate a time and place of an administrative hearing with the planning director no sooner than the sixth business day following the mailing date of the notice. The host shall be given the opportunity to present written and oral evidence at the hearing. Failure to appear at the hearing shall constitute a waiver of any objections to the proposed revocation.

B.

Revocation. Following the hearing, the planning director may revoke the approval if the director makes one or more of the following findings:

1.

The approval was obtained by fraud;

2.

The short-term rental activity has been or is being conducted in violation of any provision of this Code or other applicable law;

3.

The conditions of approval have been or are being violated;

4.

The host fails to pay transient occupancy taxes;

5.

The short-term rental activity constitutes a public nuisance.

C.

Notice of decision. A written notice of the planning director's decision shall be prepared and mailed to the host at the address specified in the application for approval. If the approval is revoked, the notice shall contain a statement directing the host to immediately cease using the property for short-term rental and that failure to cease such use may be subject to further legal action or enforcement.

D.

Appeal. The decision of the planning director to deny or revoke a short-term rental application may be appealed by the applicant to the city council in the manner set forth in section 17.80.110 (procedure for appeal for denial of variances or use permits). The city council's determination of the appeal shall be final. The city council's decision may be appealed to the superior court.

(Code 1985, § 17.74.060; Ord. No. 554, § 1, 8-14-2017)

The city council may establish and set by resolution all fees and charges as may be necessary to effectuate the purpose of this chapter.

(Code 1985, § 17.74.070; Ord. No. 554, § 1, 8-14-2017)

Any short-term rental operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance which the city attorney may seek to abate, remove, and enjoin in any manner provided by law. Such remedies shall be in addition to any other remedies available to the city under this Code or under state law.

(Code 1985, § 17.74.080; Ord. No. 554, § 1, 8-14-2017)