The purpose of this chapter is to establish regulations for the operation of short-term rentals within the City of Port Angeles. This chapter does not apply to hotels, motels, and bed and breakfasts. This chapter also establishes a short-term rental business license permit program; platform-based enforcement provisions; and building and fire life-safety inspection requirements for all short-term rentals.

(Ord. 3728 § 1(Exh. A), 3/5/2024)

(Reserved).

A.

The licenses required by this chapter prevail over other provisions of the PAMC that may relate to short-term rental licenses, as amended now or hereafter. In the event of a conflict, the provisions in this chapter shall control.

B.

A short-term rental business license is required for all short-term rentals occurring in the City.

C.

The Director is hereby authorized to implement, interpret, enforce, and make Director's determinations for any section of this chapter and any other applicable PAMC chapters. Director's determinations are intended to clarify and explain the PAMC requirements.

(Ord. 3728 § 1(Exh. A), 3/5/2024)

A.

It is unlawful for any person to operate as a platform within the City without a valid platform business license pursuant to this chapter.

B.

Platform business licenses are issued by the Director and may be obtained by filing an application to the City's Community and Economic Development Department.

C.

All platforms operating in the City of Port Angeles must comply with the following:

1.

Possess a valid platform business license issued pursuant to this chapter.

2.

Prior to providing booking services, require that all owners, authorized agents, and/or operators using the platform obtain a valid short-term rental business license through the City and include a business license number in any listing for a short-term rental on the platform.

3.

Remove any listings from the platform within four business days upon notification by the City that a short-term rental listed on the platform does not comply with the requirements of this chapter.

4.

Provide the following information in an approved electronic format to the City annually by February 1 of each year for the previous year's operations:

a.

The total number of short-term rentals in the City listed on the platform during the applicable reporting period, and

b.

The total number of nights each short-term rental was rented through the platform during the applicable reporting period.

5.

Inform all owners, authorized agents, and/or operators who use the platform of their responsibility to collect and remit all applicable local, state, and federal taxes unless the platform does this on their behalf.

6.

Provide to the City a listing of all owners, authorized agents, and/or operators inside the City for which the platform provides booking services by February 1 of each year for the previous year's operations.

7.

Upon request by the Director, permit the Director access to review the records listed above that are required to be kept under this chapter in a manner consistent with state and federal law.

(Ord. 3728 § 1(Exh. A), 3/5/2024)

All short-term rentals must comply with the following inspection requirements:

A.

All short-term rental owners or authorized agents must obtain a fire life-safety inspection of the rental, and pay the inspection and review fees outlined in the Port Angeles Master Fee Schedule for each new or renewed license. Type I short-term rentals are required to meet the provisions for the entire structure where the rooms are located. The Director will determine the inspection frequency in one, three, or five-year increments.

B.

All short-term rentals must have a code-compliant, non-expired fire extinguisher located visibly on each floor of the dwelling and one located within six feet of any cooking appliances.

C.

Inspection results may require minor building renovations or improvements, specifically related to fire life-safety items, requiring a building permit through the City's Community and Economic Development Department.

D.

All short-term rental licenses will contain the following language:

1.

The fire life-safety review for this short-term rental is limited to basic fire life-safety inspection, including but not limited to 911 locator consistency, handrails, guardrails, egress, ingress, exterior safety lighting, smoke and carbon monoxide detection and warning, repair of any notably dangerous building concerns, and pool safety regulations. The short-term rental business license inspection is not to be construed to be an exhaustive review of all potential life/safety issues that may be present in the facility. By accepting and utilizing the short-term rental license issued by the City or utilizing the licensed short-term rental, the owner, authorized agent, short-term rental platform, guest, short-term rental operator, or any other person with interest agrees to hold the City harmless in the event of any damage, property damage, personal injuries, and any other monetary or liabilities occurring from the short-term rental.

E.

Any short-term rental undergoing renovations, improvements, or upgrades may not operate until all items are completed and required building permits are finalized. The City will temporarily suspend any short-term rental business license until such renovations, improvements, or upgrades are finished and finalized by the City's Community and Economic Development Building Division. Any suspension will not alter the renewal date requirement.

F.

All egress must be adequately sized and unobstructed to allow proper escape from each sleeping unit and escape from the main dwelling.

G.

Failure to schedule and pass any required inspection is grounds for denial or revocation of the short-term rental business license.

1.

Upon notification by the City, the short-term rental owner, authorized agent, and/or operator will have 90 days to comply with any new minor fire life-safety upgrades. When required, the applicant must obtain a building permit, complete the work, and receive approval for the final building inspection.

2.

The Director may grant extensions based on a review of the circumstances, hardships, or proposed work timelines. Any extensions will be provided to the owner, authorized agent, and/or operator in writing, detailing the length of time of extension, requirements, and other relevant provisions.

(Ord. 3728 § 1(Exh. A), 3/5/2024)

The following zoning, allowance, and use table requirements apply to all short-term rentals within the City.

Key to use the table:

A.

P(L) = "Permitted if Licensed" means short-term rentals allowed with a short-term rental business license.

B.

No = "No" means the use is prohibited.

C.

No Limitation = "No Limitation" means the number of short-term rentals of a particular type is not limited; therefore, no maximum cap on the number of units is set.

D.

N/A = "Not Applicable" for Table 17.23.060-1 means that the requirement limitation of the number of units does not apply because that type of short-term rentals in that zone are prohibited.

(Ord. 3728 § 1(Exh. A), 3/5/2024)

All short-term rentals must comply with the following standards:

A.

After July 1, 2024, no person may operate a short-term rental without obtaining and maintaining a short-term rental business license.

B.

Licensed short-term rentals must only use platforms licensed by the City. Licensees may alternatively direct book.

C.

Only one short-term rental license will be issued per parcel, provided, however, that owners of short-term rental units are exempt from this limitation if they were (1) in operation prior to July 1, 2024, (2) fully compliant with Ordinance 3577 and the city's 2023 moratorium, and (3) still under the same ownership as on July 1, 2024.

D.

Only one short-term rental license will be issued per owner, provided, however, that owners of short-term rental units are exempt from this limitation if they were (1) in operation prior to July 1, 2024, (2) fully compliant with Ordinance 3577 and the city's 2023 moratorium, and (3) still under the same ownership as on July 1, 2024.

E.

Each separate dwelling unit rented as a short-term rental must have its own license.

F.

Short-term rental owners and authorized agents must obtain and maintain liability insurance that satisfies the requirements of RCW 64.37.050. Proof will be required at application and renewals.

G.

Parking is required. On-site parking is preferred; however, if onsite parking is not available, the provisions of section 14.40.045.E must be utilized.

H.

Events by guests are not allowed at any type 2 short-term rental.

I.

Short-term rentals are not permitted in housing units subsidized through City programs, including, but not limited to, a fee waiver, NICE neighborhood funds, and the affordable housing sales tax fund.

J.

Short-term rentals are not permitted in any temporary, portable, or other structure not permitted by the City for permanent occupancy (e.g., boat, tent, yurt, RV, etc.).

K.

All short-term rental owners must arrange for regular municipal garbage collection.

L.

The owner, authorized agent, operator, and/or local contact must ensure that guests adhere to all nuisance regulations and ordinances in the City of Port Angeles, including the nuisance regulations in Chapter 8.30 PAMC.

M.

Short-term rentals must have the following items posted in a conspicuous place inside the residence:

1.

The license;

2.

The good neighbor policy per PAMC 17.23.090; and

3.

Emergency contact information, including the residence address.

N.

All short-term rentals must comply with the applicable federal, state, and local fire, building, and health codes.

O.

Licenses are not transferable or assignable. No short-term rental business license(s) will be issued to any entity in which a member, partner, director, officer, trustee, or any other form of owner, decisionmaker, or investor in that entity already possess a short-term rental business license under this chapter. For the provisions of this subsection, "LLC" means any entity, trust, or property ownership or leasing structure other than a natural person. Spouses and their marital community may only have one short-term rental business license. Licenses issued to an LLC must also include and be issued to the LLC governing member or owner. No transfer of the LLC governing member or owner is allowed. Any transfer of ownership, transfer to LLC, transfer to another location or structure is not allowed. Any such changes identified in this Code require a new license and payment of applicable fees.

P.

All short-term rentals must have a visible, legible address.

Q.

A type 1 Licensee may rent multiple rooms or spaces within their home under one short-term rental business license, even if those rooms are listed and rented separately on a platform.

(Ord. 3733, § 1, 8/20/2024; Ord. 3728 § 1(Exh. A), 3/5/2024)

(Reserved).

A.

The owner or the authorized agent must notify each adjacent and facing property owner of said property of the existence of the short-term rental business and provide a written list of rules and restrictions and up-to-date local contact information for any concerns, complaints, or emergencies.

B.

A copy of all rules, restrictions, and conditions imposed on the short-term rental must be posted in a prominent location in the short-term rental.

C.

Noise concerns: The hours between 10:00 p.m. and 7:00 a.m. are designated "quiet time" so that no outdoor activity will disturb the peace and quiet of the neighborhood. All activities must comply with PAMC 9.23.030, Disturbing the peace.

D.

Whenever the short-term rental is rented, the local contact must be available 24 hours per day, seven days per week, to accept and respond physically to the short-term rental within 60 minutes of receiving a call to address complaints concerning noise levels. Failure to respond to all verifiable complaints will result in violation.

E.

Property condition: The owner, guests, local contact, and/or authorized agent must keep the short-term rental property in good order. No trash, junk, debris, or other unsightly materials are allowed to be visible on the property.

F.

The owner or authorized agent must establish policies and provide information to guests regarding the location of trash receptacles and the trash pick-up schedule.

G.

The owner or authorized agent must inform all guests that they cannot violate the standards of this chapter or generate any disturbances that may disrupt the peace, safety, and general welfare of the neighborhoods in which they are located.

H.

The guests must not block any driveways, streets, rights-of-way, or other public or private access routes.

I.

All guests, owners, authorized agents, and/or operators must comply with the City's Nuisance Code, Chapter 8.30 PAMC.

J.

The City will revoke a short-term rental business license upon the third violation within a 36-month period of this section by the licensee and their guests. Short-term rental business licenses revoked for violation of this section may not be renewed, and the owner may not apply for a short-term rental business license on any other property in the City for two years.

(Ord. 3728 § 1(Exh. A), 3/5/2024)

An application for a short-term rental business license must be determined complete to reserve a business license spot. A complete application includes:

A.

A complete application for the City's short-term rental business license.

B.

A site plan to scale, of the property, showing the entire dwelling unit used for the short-term rental, all other structures, parking, entrance and exit locations, and other relevant information as required by the Director. A consultant is not required. This item may be hand-drawn to scale; there is no requirement for a computer-generated site plan unless the owner or authorized representative prefers this method.

C.

Scaled floor plan that includes structure dimensions throughout the entire dwelling unit and the square footage. The floor plan must also show all smoke and carbon monoxide alarm locations, fire extinguisher locations, and all ingress or egress areas with dimensions. All rooms must be labeled. All sleeping accommodations should be clearly marked, including any accommodation outside the bedroom. The City has the right to deny sleeping accommodation outside of a designated bedroom for fire, health, and life safety. If an area is prohibited from sleeping, the license must clearly state the condition. A consultant is not required. This item may be hand-drawn to scale; there is no requirement for a computer-generated site plan unless the owner or authorized representative prefers this method.

D.

Proof of short-term rental liability insurance pursuant to RCW 64.37.050.

E.

Copy of the owner's State of Washington master business license.

F.

Payment of all fees as determined by the City's Master Fee Schedule upon the application being deemed complete.

G.

Any other information the Director deems reasonably necessary to administer this chapter.

H.

If applicable, building permits for any proposed remodels, required building improvements, or other changes requiring a permit.

I.

A signed copy of the good neighbor policy. This policy shall be posted at the site after City review and approval.

J.

If the application is to renew an existing short-term rental business license, the following is also required:

1.

A copy of the operating period's rental log, including the price per night per rental in the City, charged per guest, and the total price charged for each guest's stay.

2.

Documentation showing the lodging tax paid to the State of Washington for the previous year of operation.

(Ord. 3728 § 1(Exh. A), 3/5/2024)

A.

Staff shall determine whether an application for a short-term rental business license is complete within 28 days after application submittal.

B.

Staff will determine capacity for a short-term rental. If there is no capacity for a short-term rental, the application will be denied and be offered a place on the waiting list.

C.

Procedures A and B listed above must be complete and meet this chapter's requirements before the City Inspector performs the inspection.

D.

If the building report review, checklist, or inspection results in any failed areas, the applicant must fix all required items, obtain any permits necessary to resolve any items, and finalize any required permits prior to issuance of a short-term rental license.

E.

If the inspection fails, or further correction or information is required for the City Inspector's report, the applicant will be charged a reinspection fee. This reinspection fee will be charged for each required subsequent review or reinspection until all items pass. The applicant is responsible for working with the Community and Economic Development Building Division to ensure a complete application and must have an approved building permit to proceed with any work.

F.

The City will only issue the short-term rental business license if the application meets all standards and passes all reviews and inspections.

G.

The short-term rental business license and associated conditions must be posted visibly for all guests.

H.

Water, sewer, power, adequate access from a public right-of-way, police, fire, and waste disposal must be available and adequate for the proposed short-term rental.

I.

The proposal should not cause detrimental effects on the surrounding residential area due to changes in the neighborhood, which include, but are not limited to, traffic volume and frequency, noise, activities occurring on-site, lighting, and the ability to provide utility service.

J.

The proposal must be compatible with the surrounding area aspects, including, but not limited to, landscaping, location of the structure(s), parking areas, and the residential nature of construction and/or architectural details of the structure.

(Ord. 3728 § 1(Exh. A), 3/5/2024)

The Director is authorized to and will approve, deny, or approve with modifications or conditions, all short-term rental business licenses in writing in the form of a license or a denial letter. The Director must attach such conditions as may be deemed necessary to ensure land use compatibility, public safety, and compliance with all standards and requirements of this chapter.

A.

Any person aggrieved by the decision of the Director under this chapter may appeal the decision to the Hearing Examiner. See Hearing Examiner fees in the Master Fee Schedule.

B.

Appeals must be submitted to the Director in writing within 15 days following the date of the Director's decision.

C.

The Hearing Examiner shall conduct an open record public hearing on the appeal of the Director's decision with notice being given as set forth in PAMC 17.96.140. The Hearing Examiner's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150.

(Ord. 3728 § 1(Exh. A), 3/5/2024)

A.

A short-term rental business license will be issued for a set period of time, with its effective date running from the date of issuance. The applicant must submit the renewal application 60 days prior to the existing short-term rental business license's expiration date. The City is not responsible for informing the owner of the expiration of the license. All applicable standards of this chapter must be met, and the annual inspection must be completed prior to the expiration.

B.

The short-term rental business license will be issued in the legal owner's name. If the property is sold, the license terminates, and a new owner will have to obtain a new license and comply with the regulations stated in this chapter to operate as a short-term rental. The short-term rental business license is not a vested transferable right.

(Ord. 3728 § 1(Exh. A), 3/5/2024)

A.

Violations. It is a violation of this chapter for any person or platform to:

1.

Operate a short-term rental platform within Port Angeles without possessing a valid short-term rental platform business license issued pursuant to section PAMC 17.23.040. Platforms cannot allow rental postings for units within the City without including a valid City business license number.

2.

Fail to require that any owner, authorized agent, or operator for a short-term rental using the platform, prior to providing booking services, possess a valid short-term rental business license issued by the City and include the business license number in any listing.

3.

Fail to post the business license number for all City of Port Angeles listings.

4.

Fail to remove any listing for short-term rentals within four business days after written notice of violation is provided by the City to the platform. Failure to remove the listing within four business days will result in penalties per this chapter.

5.

Misrepresent any material fact in an application for a platform business license or submit inaccurate information to the City when the City requests information from the platform pursuant to this chapter.

6.

Fail to comply with any requirements of this chapter applicable to short-term rental platforms.

(Ord. 3728 § 1(Exh. A), 3/5/2024)

A.

Violations. It is a violation of this chapter for any person to:

1.

Offer or provide a dwelling unit, or portion thereof, for short-term rental use without possessing a valid short-term rental business license for that dwelling unit, or portion thereof, issued pursuant to this chapter.

2.

Offer a short-term rental of any type on a platform without possessing a valid short-term rental business license pursuant to this chapter.

3.

Utilize a platform that is not licensed by the City.

4.

Misrepresent any material fact in any short-term rental business license application or other information submitted to the City pursuant to this chapter.

5.

Fail to comply with any requirements of this chapter applicable to owners, authorized agents, or operators of a short-term rental.

(Ord. 3728 § 1(Exh. A), 3/5/2024)

A.

Using the procedures set out in PAMC 2.90, this chapter will be enforced against platforms, owners, authorized agents, and/or operators violating this chapter may be issued a citation, notice of violation and order to cease, and/or any notice of daily fines.

B.

Violations of this chapter are civil violations, and penalties for violations of this chapter may be imposed as follows:

(Ord. 3728 § 1(Exh. A), 3/5/2024)

A.

Once a short-term rental business license has been issued, it cannot be transferred to another location, owner, authorized agent, and/or operator.

B.

The short-term rental platform business license will be valid for a period of one year only. The short-term rental platform must apply for a renewal at least 60 days before the current short-term rental platform business license expiration as set forth in this chapter. The City must have confirmed receipt of the renewal request prior to the expiration date for the request to be considered submitted before the expiration date.

C.

The short-term rental business license shall be valid for a set period of time only. The owner, authorized agent, and/or operator must apply for a renewal at least 60 days before the current short-term rental business license expiration as set forth in this chapter. The City must have confirmed receipt of the renewal request prior to the expiration date for the request to be considered submitted before the expiration date.

(Ord. 3728 § 1(Exh. A), 3/5/2024)

A.

The Director may immediately deny, revoke, or refuse to renew the short-term rental platform business license of any platform for violating or failing to comply with any applicable provision or any reason set forth in this chapter.

B.

The Director may immediately deny, revoke, or refuse to renew the short-term rental business license of any owner, authorized agent, and/or operator for violating or failing to comply with any applicable provision or for any reason set forth in this chapter.

C.

No short-term rental business license or platform business license issued pursuant to this chapter may be renewed unless all outstanding penalties assessed against the licensee and all past and present fees are paid in full to the City's Community and Economic Development Department or the City's Code Enforcement Division.

D.

Appeals shall be submitted to the Director in writing within 15 days following the date of the decision.

E.

The Hearing Examiner shall conduct a hearing on the appeal of the Director's decision with notice being given as set forth in PAMC 17.96.140. The Hearing Examiner's decision shall be final unless appealed to Clallam County Superior Court in accordance with PAMC 17.96.150. See Hearing Examiner fees in the Master Fee Schedule.

(Ord. 3728 § 1(Exh. A), 3/5/2024)