The purpose of this chapter is to ensure that nightly rentals observe the legal requirements of other transient tourist accommodations so that they compete fairly for commerce, and to preserve the residential character of the areas in which they are located. (Ord. 2024-5 (Att. A), 2024).

A license is required, in addition to the requirements of Chapter 17.220 OCC, District Use, Density, and Height Chart, in order for any landowner to operate a nightly rental. See Chapter 5.06 OCC for license requirements. See Chapter 17.220 OCC, District Use, Density, and Height Chart, in order to determine whether a conditional use permit is required. (Ord. 2024-5 (Att. A), 2024).

A. Where a conditional use permit for a nightly rental is required, such permit shall include conditions which are specific to the individual permit. Those conditions must be consistent with this chapter.

B. A conditional use permit for a nightly rental may include additional conditions which are not specifically identified by this chapter. (Ord. 2024-5 (Att. A), 2024).

A. The following conditions shall be required for the operation of all nightly rentals. These conditions shall be required for the approval of all nightly rental permits:

1. Appearance. The outward appearance of a single-family residence shall be retained.

2. Occupancy and operation of a nightly rental shall be in a manner that is compatible with the surrounding neighborhood character. Factors upon which compatibility will be judged include but are not limited to noise, traffic, light, and glare.

B. The following conditions, in addition to those also identified in subsection A of this section, shall be required for the operation of all nightly rentals within areas designated by Okanogan County’s comprehensive plan as the Methow Valley more completely planned area or Methow Valley more completely planned area sub-unit A. These conditions shall be required for the approval of all nightly rental permits:

1. Annual Renewal. Nightly rental permits must be renewed annually prior to the anniversary date of original issuance of the permit. A nightly rental permit is not automatically transferable as part of the sale of property. A permit application from the new property owner must be approved to continue as a transient tourist accommodation.

2. Unified Business Identifier. The owner of the nightly rental shall provide a valid Washington State Unified Business Identifier (UBI) number for taxation purposes, along with supporting information validating registration of the specific nightly rental. At no time shall the nightly rental operate without a valid Unified Business Identifier.

3. Only one dwelling unit may be rented per owner. Each property owner may rent only one nightly rental regardless of the number of properties owned. A nightly rental permit is required for a single dwelling on a lot of record or for a second dwelling on a lot of minimum size for the zone in which it is located. For a second dwelling on a parcel to be rented as a transient tourist accommodation, the owner must live in the main residence. No permit shall be issued to the holder of an existing bed and breakfast license for a nightly rental structure on the same property. In no case shall the primary dwelling and the accessory dwelling be rented at the same time.

4. Signs. 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. The rental must also display and maintain an additional sign outside identifying the property. No more than one sign shall be provided on the premises. The sign shall be made of wood, stone, or natural materials similar in appearance, not exceeding two square feet in area and, if illuminated, shall be indirectly illuminated.

5. Mobile homes, travel trailers, recreational vehicles, tent, or other temporary or mobile unit shall not be used for residential transient tourist accommodations (nightly rentals). A modular home may be used as a nightly rental when its owner is in possession of a valid building permit.

6. The maximum number of individuals served by a single nightly rental is 10 and according to the following:

a. For purposes of this section, occupancy after 10:00 p.m. and before 7:00 a.m. is considered overnight occupancy and all nightly rental uses must fully comply with the overnight occupancy limitations found within this section.

7. Exception. Operation of a nightly rental within a planned development or planned unit development is exempt from the conditions imposed by this section so long as nightly rentals were approved as a permitted use within the specific planned development or planned unit development.

8. Factors upon which compatibility will be evaluated include but are not limited to noise, traffic, light and glare, and safety.

9. Parking for nightly rental occupants shall not be within the setbacks (other than driveways) and/or easements and shall be in compliance with Chapter 17.240 OCC.

10. If a short-term rental use is operating in violation of the existing codes, the rental must immediately cease all operation. (Ord. 2024-5 (Att. A), 2024).

Nightly rentals that are not in compliance with Chapter 17.220 OCC, District Use, Density, and Height Chart, but were legally operating prior to September 6, 2005, may continue in operation in accordance with Chapter 17.330 OCC, Legal Preexisting Uses and Lots, except they will be required to comply with the license requirements in Chapter 5.06 OCC, Nightly Rentals. (Ord. 2024-5 (Att. A), 2024).

If any provision of this title is for any reason held to be invalid, the remainder of this title shall not be affected. If any provision of this title is adjudged invalid as applied to a particular person or circumstance, that provision of this title shall not be affected as to other persons or circumstances. (Ord. 2024-5 (Att. A), 2024).