Cle Elum City Zoning Code
17.160 Short-Term
Rentals
17.160.010 Purpose.
The purpose of this chapter is to prevent unreasonable burdens on the services and impacts on the health, safety, and welfare of the general public and residential neighborhoods posed by short-term rental homes and to preserve affordable long-term housing stock. Maintenance of existing residential neighborhoods is essential to a continued sense of community and economic strength. It is the intent of this chapter to minimize the impact of short-term rentals on adjacent residences, and to minimize the impact of the commercial character of short-term rentals.
17.160.020 Definitions.
“Adjacent properties” means any property contiguous to a property on which a short-term rental unit is located.
“Apartment building” means a standalone building with five or more residential units that share common walls.
“Host” means any owner of record of residential real property, or agent or lessee thereof, who offers that dwelling unit, or portion thereof, for short-term rental either through a hosting platform or individually. All accessory dwelling units shall be considered hosted if the owner resides on the property.
“Hosted short-term rental” means a short-term rental where the host remains in the dwelling unit throughout the short-term renter’s stay. A host may rent out a private portion of a residential dwelling unit; however, the rental of an entire dwelling unit may not be classified as a “hosted short-term rental.”
“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 revenue from providing or maintaining the marketplace and including booking fees or advertising revenue.
“Local contact person” means the person designated by the owner or host who shall be available twenty-four hours per day, seven days per week for the purpose of: (1) Responding within sixty minutes to the property code violations and/or complaints regarding the condition, operation, or conduct of occupants of the short-term rental unit and (2) taking remedial action to resolve such violations and/or complaints.
“Short-term rental” means the rental of any room or rooms, or portions thereof, in any residential dwelling unit for residing, sleeping or lodging purposes for no more than twenty-nine consecutive calendar days. Portions of days shall be counted as full calendar days.
“Short-term renter” means a person who occupies, or is entitled to occupy a short-term rental, by reason of fee, concession, permit, right of access, license or other agreement for a period of no more than twenty-nine consecutive calendar days. Portions of days shall be counted as full calendar days.
17.160.030 Permits, licensing, and taxes.
A. Permit.
1. Short-Term Rental Permit Required. It shall be unlawful for any host to rent a short-term rental without first applying for and obtaining a permit from the city.
Applications for short-term rental permits shall be submitted on a form provided by the city. Applications shall include all information required on the form and shall be accompanied by the appropriate permit fee.
2. Permit Fee. The initial permit fee and renewal permit fee shall be established by resolution of city council, as may be amended from time to time, and payable annually in advance. Fees for applications received at any time during the calendar year shall not be prorated.
3. Separate Permits Required. A separate short-term rental permit is required for each short-term rental, regardless of ownership.
4. Limited Permits by Owner. A single host shall be limited to owning and operating a maximum of three short-term rentals.
5. Term of Permit. A short-term rental permit shall be on a calendar-year basis. Approved permits shall be personal to the host, are not assignable or transferable and shall automatically expire upon sale or transfer of the property on which the short-term rental is located.
6. Annual Renewal. A short-term rental permit compliant with this chapter shall be renewed annually upon payment of permit renewal fees as established by resolution of the city council and remittance of all required taxes associated with the short-term rental. The host shall also submit such information as may be required to enable the mayor or their designee to verify the amount of tax paid. Failure to submit a short-term rental renewal application prior to December 15th of each calendar year will result in expiration of the permit and a new permit, including fees, must be applied for.
B. Business License Required. A city of Cle Elum business license is required for all short-term rentals. A business license shall be obtained pursuant to CEMC Chapter 5.02 as established or hereafter amended.
C. Insurance Required. The applicant shall maintain on file at City Hall a current certificate of insurance documenting that the premises are insured as a short-term rental, or as appropriate for the proposed use.
D. Display of Information. Each short-term rental unit shall have a clearly visible notice posted within the unit that includes the following, current information:
1. Contact information for the host and local contact person;
2. The city short-term rental permit number;
3. Contact information for emergencies including police and fire services;
4. Identification of emergency escape routes and location of fire extinguishers;
5. Location of emergency shut-offs and any other emergency information;
6. The maximum number of people in terms of permitted sleeping occupancy;
7. The maximum number of persons permitted in the unit at any one time;
8. The location for parking vehicles and the maximum number of parked vehicles permitted for the unit;
9. Alternative parking locations for extra vehicles, trailers, and campers;
10. Requirements, if allowed, for smoking;
11. Methods and timing of trash disposal;
12. Snow removal instructions;
13. Notice to keep noise to a minimum between ten p.m. and seven a.m.; and
14. Policy regarding pets.
E. Collection of Taxes.
1. Chapter 82.08 RCW allows cities to adopt a “room tax” or lodging tax, which contributes to the Cle Elum lodging tax fund that provides grant funding for tourism-related activities and facilities for and within the city of Cle Elum. CEMC Chapter 3.68, Room Tax, applies to all short-term rentals within the Cle Elum municipal limits. Short-term rentals that do not automatically pay the appropriate room tax through their hosting platform (e.g., Airbnb), shall pay the taxes as set forth by CEMC Chapter 3.68.
2. The applicant shall provide all applicable company or business names the short-term rental may be affiliated with in order for the city to track and collect applicable taxes, fees, and charges.
17.160.040 Building inspection.
The host shall maintain, on file at City Hall, a current building inspection checklist documenting that the premises comply with the provisions for transient accommodations in the International Building Code, as adopted by the city of Cle Elum.
Before issuance of a permit, the host shall allow the building inspector to enter the premises for the purpose of completing the building inspection checklist.
17.160.050 Short-term rental operating standards.
A. Applicant. Applicants for short-term rental permits must be the owner of the property where the short-term rental will be located or, if an agent or lessee, shall have the written permission of the property owner to use such property as a short-term rental.
B. Local Contact Person. Short-term rentals must have a local contact person who shall be responsible for ensuring compliance with provisions of this code including, but not limited to, immediately addressing emergency situations at the short-term rental premises, reporting lodging tax, maintaining a current business license, maintaining parking areas, removing of snow and ice, and other property maintenance requirements (see local contact person definition in CEMC Section 17.160.020).
C. Zoning. Short-term rentals are permitted only within the commercial and residential zones of the city, provided they conform to the zoning regulations for each zone.
D. Legal Dwelling. Short-term rentals are permitted only within legal conforming and legal nonconforming residential dwelling units. Short-term rentals are not permitted in an apartment building at any time in any zone.
E. Spacing.
1. Commercial. There shall be no spacing limitations to the number of short-term rentals within commercial zones.
2. Residential. Within any residential zone, short-term rentals shall be separated by at least two hundred fifty feet between parcel boundaries, as confirmed by the city based upon the Kittitas County assessor’s mapping portal data.
F. Quiet Hours. Regular quiet hours shall be observed between the hours of ten p.m. and seven a.m. Activities that produce audible noise to neighbors will take place only between the hours of seven a.m. and ten p.m., although any noise complaint may be subject to city police investigation, including excessive noises made by animals during any hour (for example, CEMC Section 6.04.070).
G. Pets. Should the permitted property allow guests to have pets, all local animal laws must be followed, including but not limited to the city leash law. All animal waste within the city right-of-way or neighboring properties shall be promptly picked up. No exotic animals or exotic pets shall be permitted on the short-term rental premises.
H. Nuisance. No short-term rental shall be operated in such a way as to constitute a nuisance as defined by CEMC Chapter 8.12.
I. Occupancy.
1. A dwelling unit for which a short-term rental use is approved may alternatively be used as a full-time residence for the owner or lessee. However, during short-term rental tenancies, the building shall not be used for any other purpose (e.g., home occupation or temporary event) without the appropriate additional permit, license, or other written permission of the city.
2. The maximum number of occupants permitted in a short-term rental shall be established at the time of the initial unit licensing and shall not exceed the number deemed safe by the Cle Elum fire department.
J. Parking. A minimum of two designated off-street parking spaces shall be available on the property. Parking spaces shall be located entirely within the boundaries of the rented property, and located upon standard hard parking surfaces such as concrete or compact gravel driveways, and which shall exclude grass and landscaping.
K. Camping. While the determination of whether recreational vehicles (RVs or other campers) will be allowed to park on site will be the responsibility of the host, no camping within city limits is permitted (CEMC Chapter 8.44). As such, no additional accommodations within RVs, other campers, or tents shall be allowed under this permit.
L. Appearance and Visibility. Except in the commercial zones, the short-term rental use shall not change the residential character of the outside of a dwelling unit, either by the use of colors, materials, signage, lighting; or by the construction of accessory structures or garages that are visible off site and not of the same architectural character as the residence; or by the emission of noise, glare, flashing lights, vibrations, or odors not commonly experienced in residential areas.
M. Garbage Service. Mandatory garbage services are required within the city of Cle Elum (CEMC Section 8.08.120). The appropriate level of garbage collection services shall be maintained so there is no overflow of trash on the short-term rental property or adjacent properties. The mayor or their designee shall be authorized to require a larger garbage cart if the short-term rental receives more than two complaints related to garbage overflowing or leaving the property or if the property receives more than two garbage overage charges from the city’s garbage service provider, at which time the mayor or designee will determine the appropriate cart size and make the adjustments with the city’s garbage service provider and the host.
N. Special Events. Weddings, corporate events, commercial functions, large parties and other similar events which have the potential to cause traffic, parking, noise, or other impacts to the neighborhood shall first receive a city event approval by the city events committee.
17.160.060 Application.
A. Applications for short-term rental permits must be made on the applicable form provided by the city and should contain the following information:
1. Host’s name, mailing address, physical address, phone number;
2. Local contact name, mailing address, physical address, phone number, business license number (if applicable);
3. Business license number, if known;
4. A city business license will be required before the short-term rental license is issued;
5. Physical address of proposed short-term rental;
6. Number of bedrooms and proposed occupancy;
7. Number of off-street parking spaces;
8. Other information as required by the city.
B. Requirements Not Exclusive. The approval of a short-term rental permit shall not relieve any host of the obligation to comply with all other provisions of this code applicable to the use and occupancy of the property.
C. Records of Compliance. The host shall retain records documenting the compliance with this chapter for a period of three years after each period of short-term rental, including, but not limited to, records showing payment of lodging taxes by a hosting platform on behalf of a host. Upon reasonable notice, the host shall provide any such documentation to the city of Cle Elum upon request for the purpose of inspection or audit.
D. Violation and Enforcement.
1. Revocation of Permit. A short-term rental permit may be revoked for any of the following reasons: fraud, misrepresentation or false statement contained in the application for, or in the operation of, the short-term rental, failure to pay lodging tax, failure to maintain a valid city business license, or more than two responses to the same renters and/or guests on the property by the city police or other law enforcement agencies for reasons of noise, parking, or nuisance or other violations of the city ordinance or law related to the property’s use as a short-term rental. Any short-term rental which receives a police response more than four times within a twelve-month period for the listed violations may have the short-term rental permit revoked.
2. Violations. Violations of this chapter and any requirements therein may result in the revocation of a short-term rental permit.
3. Enforcement. Violations of this chapter, including operating a short-term rental without a valid permit, may be enforced by any law enforcement officer or code enforcement officer as set forth by state law or city municipal code (CEMC Chapter 8.60).