Palmer City Zoning Code
17.89 Short-Term
Rentals
17.89.010 Purpose and intent.
The purpose of this chapter is to provide for the regulation of short-term rentals in certain zoning districts within the city in order to preserve neighborhood character while encouraging economic activity and diversity, and to promote public health, safety, and welfare. (Ord. 18-006 § 5, 2018)
17.89.020 Definitions.
“Bed and breakfast” means a private residential property providing up to 15 guest rooms for accommodation of travelers with breakfast in a common eating area.
“Bed and breakfast homestay establishment” means an owner-occupied residential property where short-term lodging is provided that contains no more than five guest rooms and where breakfast service may be provided to overnight guests only.
“Bed and breakfast inn” means a resident-managed residential property where short-term lodging is provided that contains no more than 15 guest rooms and where breakfast service may be provided to overnight guests only.
“Hosting platform” means a person or entity that provides a means through which an owner may advertise and offer for rent a short-term rental to the general public.
“Operation of” or “operating” means the short-term rental has been rented by or on behalf of the owner to the general public for compensation for transient occupancy. “Operation of” or “operating” a short-term rental does not include mere advertisement of or offering to rent short-term rental(s).
“Owner” means any person named on the deed, a contract purchaser, or the beneficiary of a trust named on the deed.
“Owner occupied” means owner must reside on the property and be present at the property for the duration of any short-term rental.
“Responsible person” means the person responsible for addressing all maintenance, nuisance, and safety concerns related to a short-term rental.
“Short-term rental” means a residential dwelling unit(s) that is rented out for compensation on a temporary basis, to a single person or group for a period of less than 30 consecutive days. (Ord. 19-014 § 3, 2019; Ord. 18-006 § 5, 2018)
17.89.030 Short-term rental classifications.
Short-term rentals are classified as:
Type-1: A short-term rental of one or more bedrooms in an owner-occupied dwelling, to a single person or group, while the owner is occupying the same dwelling unit for the entire rental period.
Type-2: A short-term rental of a single family or duplex residential property where short-term lodging is provided to only one group at a time per dwelling unit. The owner of the property is or is not present at the property for the duration of any short-term rental.
Type-3: A short-term rental of a multifamily residential property where short-term lodging is provided to only one group at a time per dwelling unit. The owner of the property is or is not present at the property for the duration of any short-term rental.
Type-4: A “bed and breakfast homestay establishment” means an owner-occupied residential property where short-term lodging is provided that contains no more than five guest rooms and where breakfast service may be provided to overnight guests only. The owner must reside on the property and be present at the property for the duration of any short-term rental. The property may be rented out to multiple short-term lodging groups at a time.
Type-5: A “bed and breakfast inn” means a resident-managed residential property where short-term lodging is provided that contains no more than 15 guest rooms and where breakfast service may be provided to overnight guests only. The resident manager must reside on the property and be present at the property for the duration of any short-term rental. The property may be rented out to multiple short-term lodging groups at a time. (Ord. 19-014 § 4, 2019; Ord. 18-006 § 5, 2018)
17.89.040 Application and approval.
A. An application for a short-term rental permit shall be initiated by the owner on a form prescribed by the zoning administrator. For the purposes of this chapter, the “owner” shall mean any person named on the deed, a contract purchaser, or the beneficiary of a trust named on the deed and is valid for a period of one year.
B. All applications for a permit shall be accompanied by a payment of the fee(s) according to the current, adopted budget.
C. The zoning administrator shall review the application for code compliance within 30 calendar days.
D. Short-term rentals shall conform to all applicable codes, laws, and regulations.
E. A site plan with a description of the short-term rental, including street address, number of bedrooms, and number of off-street parking spaces available for guests’ use.
F. The zoning administrator shall notify the applicant in writing of approval or denial. Approved applications shall be issued a short-term rental permit. (Ord. 18-006 § 5, 2018)
17.89.050 Annual renewal.
Application for renewal of a short-term permit and payment of the renewal fee shall be made before February 1st of the applicable year. (Ord. 18-006 § 5, 2018)
17.89.060 General provisions.
The following provisions apply to the operation of short-term rentals:
A. It is unlawful for any person to operate within the city a short-term rental without having been approved by the department of community development. A separate registration shall be required for each short-term rental.
B. Short-term rentals shall conform to all applicable codes, laws, and regulations.
C. A short-term rental shall not be permitted on any lot with an accessory dwelling unit or child care center. Other home occupations shall be allowed, subject to existing regulations.
D. A short-term rental permit is not transferable to any other property or person. When a property with a short-term rental is sold or otherwise transferred, the new owner must apply for a permit as set forth in PMC 17.89.040 within 60 days from the date of transfer.
E. Additional Notice Requirements. For registrations and registration renewals of Type-1, Type-2 or Type-4 short-term rentals as defined in PMC 17.89.030 in R-1, R-1E and R-2 residential zoning districts, the applicant must give notice on a form provided by the city to each residence adjacent, including those residences adjacent across a public right-of-way and properties connected to the applicant’s property by property corners. The notice must include a description of the proposed use and the name, address, telephone number and email address (if any) of the responsible person. (Ord. 19-003 § 3, 2019; Ord. 19-002 § 3, 2019; Ord. 18-006 § 5, 2018)
17.89.070 Standards.
A. One additional parking space for each bedroom or dwelling unit rented shall be provided, in addition to the parking requirements required in Chapter 17.64 PMC, Parking and Loading. No on-street parking shall be allowed for short-term rental facility guests.
B. The exterior of the building shall not reflect the operation of a short-term rental there, except that one sign, not to exceed four square feet in area, is permitted in all residential districts.
C. The responsible person shall be available at all times the property is being rented. A sign must be posted conspicuously in the common area of each unit and shall contain all of the following information:
1. The name and contact information of the owner and/or responsible person; and
2. The license number of the short-term rental facility; and
3. The occupancy limits and requirements set forth in the license.
D. The owner of the short-term rental must ensure that use of the short-term rental by guests is in compliance with the noise provisions of Chapter 8.36 PMC.
E. The operation of a short-term rental is permitted as indicated in the following districts:
Type 1 | Type 2 | Type 3 | Type 4 (Bed and Breakfast Homestay) | Type 5 (Bed and Breakfast Inn) | |
|---|---|---|---|---|---|
R-1 | CUP | N | N | N | N |
R-1E | CUP | CUP | N | CUP | CUP |
R-2 | P | P | N | P | CUP |
R-3 | P | P | P | P | CUP |
R-4 | P | P | P | P | P |
Agri | P | P | P | P | P |
C-L | P | P | P | P | P |
C-G | P | P | P | P | P |
Key:
P = Permitted
N = Not permitted
CUP = Conditional Use Permit
F. The licensee shall comply with the quiet hours established in PMC 8.36.025.
G. The licensee will comply with all building, electrical and other city codes and ordinances.
H. Functions such as meetings, receptions, weddings and other social events provided for compensation or held by guests are not permitted as part of the short-term rental use unless such residential property is located in an agriculture district or commercial zoning district.
I. The license number and occupancy limit shall be included in all marketing materials, advertisements, and online listings for the short-term rental.
J. A residential dwelling incorporating a Type-4 as an accessory use shall be a minimum of 2,000 square feet. (Ord. 19-014 § 5, 2019; Ord. 19-003 § 4, 2019; Ord. 18-006 § 5, 2018)
17.89.080 Standards for a conditional use permit.
In addition to the requirements of PMC 17.72.050, the following standards shall be met for a conditional use permit, if required:
A. The use shall not unreasonably interfere with or cause undue annoyance to residential uses by reason of visual appearance, bright or flashing lights, odor, noise, dust, traffic, or other negative effects.
B. Sufficient access is provided.
C. Conditions may be imposed by the commission with respect to location, screening, fencing, buffering, hours of operation, traffic, landscaping, setbacks or otherwise if reasonably necessary to satisfy these standards.
D. A Type-1 short-term rental must be on a minimum lot size of 20,000 square feet. (Ord. 19-002 § 4, 2019; Ord. 18-006 § 5, 2018)
17.89.090 Signs.
In agriculture and commercial districts, signs for a short-term rental shall meet PMC 14.08.080. (Ord. 18-006 § 5, 2018)
17.89.100 Violations – Enforcement.
A. Registration Suspension or Revocation. The zoning administrator may suspend or revoke a short-term rental permit when the licensee commits one or more of the following acts or omissions:
1. Failure to comply with any provision of this title.
2. Operating or allowing the operation of the short-term rental in such a manner as to create a public nuisance, cause a breach of the peace, constitute a danger to the public health, safety, welfare or morals, or interfere with the rights of abutting property owners.
3. The securing of the registration by fraud or misrepresentation to specifically include false or incorrect information on the registration application.
B. Procedure. Should the zoning administrator decide to suspend or revoke a registration, the licensee will be given notice and an opportunity to respond following the procedures in this subsection, except that should the zoning administrator determine the short-term rental or its operation presents a safety hazard or requires immediate remedy, the zoning administrator may order operation of the short-term rental to cease immediately.
1. The licensee will be notified in writing by the zoning administrator at least seven days prior to the action contemplated and the reasons therefor.
2. Upon receipt of the notice, the licensee may request a meeting with the zoning administrator. Such request must be in writing and must be received by the zoning administrator within seven days of the licensee’s receipt of the notice. Failure on the part of the licensee to request in writing a meeting and within the specified time period shall be a waiver of the licensee’s right to a meeting.
3. If a meeting is requested by the licensee, the zoning administrator will set a time, date and place and will so notify the licensee, in writing.
4. When a meeting is conducted, the city will present the evidence supporting the contemplated action. The zoning administrator may request evidence be presented by other parties. The licensee may present evidence. The zoning administrator will take all evidence admitted under advisement and once a decision has been made the zoning administrator will notify the licensee of the findings and decision in writing.
C. Appeal. Any person aggrieved by a decision of the zoning administrator will have the right to appeal to the commission by following the procedures in PMC 17.89.110. (Ord. 18-006 § 5, 2018)
17.89.110 Appeals – Generally.
A. Appeals – Standing. Any person or persons aggrieved by an action or determination taken under this chapter may appeal said action or determination.
B. Jurisdiction. Appeals of actions and determinations of the zoning administrator are heard by the commission. The commission’s action may be appealed pursuant to Chapter 17.98 PMC by any party, including a city official.
C. Time Limitation. An appeal of a decision of the zoning administrator or of the commission must be filed within 20 calendar days of the action or determination being appealed. The right of appeal is forfeited unless a written appeal is delivered to the clerk within 20 calendar days of the zoning administrator’s or commission’s action or determination. Computation of the time period for filing an appeal shall commence with the date on which the action or determination is mailed or delivered to the parties involved. Any decision not appealed within this time limit shall become final.
D. Applications. The appeal application for each appeal shall be filed with the clerk, on a form prescribed by the city clerk, and contain at least the following information:
1. The name and address of the appellant and that of the appellant’s representative, if appellant is represented; and
2. A description of the action or determination from which the appeal is sought; and
3. The reason for the appeal which must show a grievance to the applicant.
E. Fees. All applications for appeals shall be accompanied by a payment of a non-refundable fee according to the current, adopted budget. (Ord. 18-006 § 5, 2018)
17.89.120 Appeal notice and hearing before commission.
A. Upon receipt of a valid application appealing an action or determination of the zoning administrator, the clerk shall schedule an appeal hearing before the commission to be held within 45 days. All parties to the action or determination being appealed shall be provided with written notice not less than 15 days prior to the appeal hearing.
B. Written statements are to be submitted to the clerk as follows:
1. An appellant may file a written statement summarizing the facts and setting forth pertinent points and authorities in support of the points contained in the notice of appeal, provided such statement must be filed not less than 12 days prior to the date set for the appeal hearing.
2. Any interested party wishing to file a written statement in rebuttal to the appeal may do so, provided such statement must be filed not less than six days prior to the appeal hearing date.
C. At the hearing the order of presentation is as follows:
1. The zoning administrator shall summarize the issues and state his/her decision.
2. The applicant shall present his/her evidence, including witnesses and documents.
3. The zoning administrator shall present his/her evidence, including witnesses and documents.
4. The licensee may close his/her presentation.
5. The zoning administrator may close his/her presentation.
D. The commission, the applicants and the administration may question any witness. Any person may be represented by counsel. The applicant must prove the facts by a preponderance of the evidence. All hearings shall be tape recorded. Formal rules of evidence need not be followed.
E. A hearing, and any reconvening thereof, shall be open to the public.
F. Within 15 days following the hearing, the commission shall issue its decision in the form of written findings of fact and conclusions of law.
G. The findings of fact and conclusions of law shall reference specific evidence in the record and the controlling sections of this chapter and shall briefly explain the reasons for the decision. The commission may affirm, modify, vacate, set aside or reverse any decision brought before it for review, and may remand the case and direct the entry of such appropriate order, or require further proceedings to be had as may be justified under the circumstances.
H. The findings of fact and conclusions of law shall be signed by the presiding officer and filed with the clerk, who shall promptly mail a copy to the appellant. (Ord. 18-006 § 5, 2018)