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Home My WebLink AboutHEARING CONTINUATION re STRs - presentation materialsAPPENDIX A SHORT-TERM RENTALS - The followings denote the main differences among the current Jefferson County Code, the Planning Commission (PC) Recommendation and Staff Recommendation: This amended Table focuses on changes to 18.20.210(3): Existing UDC transient regulations are 1 page long; PC Recommendationsfor STR are 4 pages long:; DCD recommendations on STR are 3 pages long There are N5 areas of mince, change and N7 mayor changes outlined below between the PC & DCD versions Section Number Jefferson County Planning Code (JCC), l Commission's current through I Recommended Ordinance 03- STR Ordinance 0610-24. passed June 10, 2024 Appendix A —Changes to JCC 17.60.070 Staff's Recommended Changes Explanation JCC 17.60.070 1 "... Short-term Revised to read less Revised "days" to DCD recommends (In the Pleasant visitor than 30 days. "nights." revising for Harbor MPR) accommodation consistency with units and short- chapter 64.37 RCW, term rental units which uses "nights" shall be construed instead of "days." to mean occupancies equal to or less than 30 days." _. Appendix B—Chapter 18.10 JCC JCC 18.10 (Definitions) "Transient accommodations" means a commercial use involving the rental of any structure or portion thereof for the purpose of providing lodging for periods less than 30 days. "Transient residence" or "transient ADU" Added new Definitions in JCC 18.10.120 for "Landlord", 18.10.160 for "Primary Residence", 18.10.190 for "Short- term rental", "Short- term rental advertisement", "Short-term rental operator", "Short- term rental platform"; means a single- Removed Definitions family residential in JCC 18.10.200 for unit or ADU used "Transient for short-term accommodations" transient and "Transient occupancy (for residence" or periods less than "Transient ADU" 30 days). Added new Definitions in JCC 18.10.190 for "Short-term rental", "Short-term rental advertisement", "Short-term rental operator", "Short- term rental platform"; Removed Definitions in JCC 18.10.200 for "Transient accommodations" and "Transient residence" or DCD recommends not using added definition of "landlord" as unnecessary, and to avoid a conflict with chapter 64.37 RCW, that might lead to an unnecessary preemption challenge. DCD recommends not adding "Primary Residence". This definition is related to a residency requirement that is Transient ADU not recommended. Appendix C—Changes to JCC 18.15.040, Table 3-1 JCC Table 3-1 (Land Use Table 18.15.040) (previous called Transient Residence or Transient Guest House now called STR) Residential Uses: Transient rental of residence or accessory dwelling unit Residential Uses: Short -Term Rentals with 5 or fewer guest rooms Commercial Uses: Short -Term Rentals with more than 5 guest rooms and more than 10 occupants Appendix D— Changes to 3CC 18.20.210 JCC 18.20.210(3) JCC 18.20.210(3)(a) JCC 18.20.210(3)(b) JCC 18.20.210(3)(c) Transient Residence or Transient Guest House (Accessory Dwelling Unit). The following standards apply to all short- term (less than 30 days) transient rentals of single- family residential units and guest houses (ADUs) or portions thereof: The transient residence or guest house shall be operated in a way that will prevent unreasonable disturbances to area residents. At least one additional off- street parking space shall be provided for the transient use in addition to the parking required for the residence or guest house. If any food service is to be provided the requirements for a bed and Short -Term Rental with five or few guest rooms. The following standards apply to all short-term rentals of single-family residential units or portions thereof: No change Required at least one additional off street parking for the STR No change Residential Uses: Short -Term Rentals with 5 or fewer guest rooms or 10 or fewer occupants Commercial Uses: Short -Term Rentals with more than 5 (Same) DCD recommends revising to use the number of guest rooms or occupants for consistency with building code. This changes also would address guest rooms and environmental more than 10 health concerns. occupants Short -Term Rental. The following standards apply to all short-term rentals of single- family residential units or portions thereof: No change Required all parking spaces on -site as determined by DCD No change DCD version is the same for 5 or fewer guest rooms and. for over 5 guest rooms. Otherwi40 PC&DCD is same. PC & DCD same revising to ti,g�dter the parkin requirements and makes them all MIA PC & DCD Same breakfast residence must be met. JCC No outdoor No change New: Allows one 4 ft identification DCD rec rumen to aid tl 18.20.210(3)(d) advertising signs sq. revising are allowed. sign renters in finding the dwellin. JCC The owner or PC removed this DCD moved this to DCD kept for added 18.20.210(3)(e) lessee may rent section 3(i) emphasis the principal residence or the guest house on a short-term basis, but not both. JCC Where there are Changed to read: Removed and PC Version 18.20.210(3)(f) both a principal 3(f) Subject to the addressed in (3)0): uld limit STR to _ residence and a established maximum A short-term rental -- land owner wha guest house (i.e., numbers of short- operator shall not a resident of an accessory term rentals, rentals hold more than one &fferson County dwelling unit), the for less than 30 days hospitality permit have a rep is -in owner or lessee are permissible for a short-term DCD believe Fis must reside on the where the land rental in would be premises. owner is a resident of unincorporated difficult to enforo Jefferson County and Jefferson County. the DCD rec. the lira landowner or a of 1 STR peg qualified operator in JC�! representative is in Jefferson County during the entire rental period. JCC 18.20.210(3)(g) (meet all local and state regulations & Licenses (this is end of existing code in 18.20.210) i Transient accommodations must meet all local and state regulations, including those pertaining to business licenses and taxes. N/A PC addressed in Section 3(k) Short -Term Rental with five or fewer guest rooms. The following standards apply to all short- term rentals of single-family residential units or portions thereof: See above 1 See above DCD addressed in PC & DCD versions Section 3(g): are the same. DCD version same PC & DCD versions as PC are the same See above Addressed above N/A 18.20.210(3)(e) STR subject to 4% Cap N/A 18.20.210(3)(f) Resident of Jefferson County and landowner or representative in Jefferson County during entire stay N/A 18.20.210(3)(g) Septic requirements �_eaio� N/A 18.20.210(3)(h) Details on the 4% cap on STR Short-term rentals shall not exceed 4% of the unincorporated Jefferson County housing unit total not including: i. Master planned resorts, ii. Hospitality permits approved under prior regulations, or iii Short-term rentals for less than 30-days predating hospitality regulations. 3(f) Subject to the established maximum numbers of short- term rentals, rentals for less than 30 days are permissible where the land owner is a resident of Jefferson County and the landowner or a qualified representative is in Jefferson County during the entire rental period. 3(g) In no case shall the short-term rental exceed the design capacity of the permitted on -site sewage system. In each of the county's zip codes, rentals for less than 30 days shall not exceed the number established by the Board of County Commissioners. In the event the Board has not established maximum numbers of rentals (cap) in each zip code, the cap in each zone shall not exceed 4% of the total number of housing units as estimated by the Office of Financial DCD addressed PC 3(e) & 3(h) for new STR in Sections (3)(n) and 4(c): DCD recommended removing Section 3(f) of PC version. Septic requirements addressed in Section 3(e) of DCD version DCD addressed PC 3(e) & 3(h) for new STR in Sections (3)(n) and 4(c): V sentence of Q has 5 month grMa period. 2"11 sentence specified B&B res. & inns nod subject to cap. DCD recommends revisions to further define rationale for 4% so it is clear how cap was determined and will be applied. DCD recommend removal of this subsection basa on difficulty to implement residency requirement PC & DCD versions are the same See PC Section 18.20.210(3)(e) above PC -Section' 18.20.210 (3)(i) Annual inspection 18.20.210(3)0) 18.20.210 (3)(k) N/A N/A N/A Short -Term Rental permits shall be inspected annually. Short -Term Rental permits shall only be valid for three years for permit holders whose primary residence is not on site. Short-term rentals shall meet all local and state regulations, including those pertaining to business licenses, liability insurances, and taxes, and registering with the Washington Department of Revenue as required by RCW 64.37.040. Addressed in (3)(e): Short -Term Rental Permit Renewal: (i) Application for renewal shall occur annually and at least 30 days prior expiration of the hospitality permit for a short-term rental. (ii) Renewal fees for a hospitality permit for a short-term rental shall be per the applicable fee schedule. (iii) Renewal of an existing permit for a short-term rental requires an inspection addressing fire, safety, and health requirements. (iv) Failure to renew STR permit may result in STR not being allowed if the limit addressed in Section (3)(n) is met. See (3)(g): Short- term rentals shall meet all local and state regulations, including those pertaining to business licenses, liability insurances, and taxes, and registering with the Washington Department of Revenue as required by RCW DCD recommends clarifying the annual inspection is a part of the renewal process. DCD contends it is unfair for STR to be limited to 3 yea it STR operator satisfies all the other requirem9a1w PC section (3)(k) & DCD section 3(g) are the same P€: Skdiarl' 18.20.210 (4) 18.20.210(4) are PC standards for STR with more than five guest rooms 18.20.210(4)(a) 18.20.210(4)(b) 18.20.210(4)(c) 18.20.210 (4)(d) Permitting process for STR with over 6 guest rooms N/A N/A N/A N/A N/A Short -Term Rental with more than five guest rooms. The following standards apply to short-term (less than 30 days) rentals of single- family residential units or portions thereof: The short-term rental shall be operated in a way that will prevent unreasonable disturbances to area residents. One off-street parking space shall be provided for each guest room in addition to parking required for the residence. All parking spaces shall meet the standards of Chapter 18.30 JCC. No outdoor advertising signs are allowed. New: A conditional discretionary use permit shall be required. DCD has same standards for STR with 5 or fewer or more than 6 guest rooms. Consolidated requirements of Section (4) into Section (3). Addressed in DCD version 3(a) Addressed in DCD version 3(b) Addressed in DCD version 3(d) See DCD version (3)(1) Short term rentals with 6 or more guest rooms or more than 10 occupants requires a conditional discretionary permit and additional building reauirements. BOCC could have different standards for STR with more than 5 guest roomg Addressed above in existing UDC section. PC and DCD version same PC version requin 1 parking space I guest room for S7 with over 6 guest rooms Addressed above in existing UDC section. PC & DCD versions both require same conditional discretionary permit for STR with 6 or more guest rooms. DCD added that there would be additional building code requirements. N/A 18.20.210(4)(e) 18.20.210 N/A 18.20.210(4)(f) STIR with over 6 guest rooms — primary residence PC— 0, N/A 18.20.210 (5) Compliance with all requirements (e) With the exception of short-term rentals identified in JCC 18.20.210(3)(e), the maximum number of short-term rentals shall not exceed the maximum cap as set forth in 18.20.210(3); and (i) Landlords are prohibited from renting to a third party for less than 30 days within the first two (2) calendar years of ownership or lease; and (ii) The number of short-term rentals within each of the county's zip codes shall not exceed the amount specified in ]CC 18.20.210(3). Short-term rentals shall be located at the landlord's primary residence (5) Regulatory Compliance. Bed and breakfast inns, bed and breakfast residences, and short- term rentals shall comply with all local and state regulations, including those pertaining to business licenses, liability insurances and taxes, and registering with the Washington Department of Revenue. For the avoidance of doubt, compliance "state regulations" includes, without limitation, compliance with all of the requirements in Chapter 64.37 RCW. DCD version 30) recommends adding a limit to one short-term rental permit for any operator in unincorporated Jefferson County. first two years ownership for with more than 6 guest rooms. N/A DCD version did r include STR be - landlords landlords primal, residence See subsection (3)(g) Short-term rentals shall meet all local and state regulations, including those pertaining to business licenses, liability insurances, and taxes, and registering with the Washington Department of Revenue as required by RCW 64.37.040. DCD version did not include bed and breakfast inns and bed and breakfast residences since they are addressed in sections bed and breakfast standard in Section 18.20.210(1)0) and Section 18.20.210(2)(g). These standards could be made to be similar to these Remaining language is the same in PC and DCD versions N/A (6) Application, See subsections DCD recommends 18.20.210 (6) License and (3)(g) and (3)(o), revising to expand Registration required. above. See also and enhance Application, (a) An application for Sections 3(n) & 4(f) enforcement and license and approval of any bed of DCD version for renewal registration and breakfast inn, posting data of requirements. requirements bed and breakfast STR, and requiring residence, or short- the DCD permit term rental shall be number on filed with the advertisements. department on forms Applications for developed by the permits for a short - department. term rental shall be (b) An application for on a form approved a bed and breakfast by the director; and inn, bed and subsection (4) breakfast residence, Permitting is or short-term rental required for all shall not be STRs in the County. considered complete 4 unless it includes a true and correct copy of every license or registration from the Washington Department of Revenue required by it under Chapter 64.37 RCW. (c) The department shall maintain a list of all approved applications for Bed and breakfast inns, bed and breakfast residences, and short-term rentals, which shall be accessible on the department's web site. _ See subsections PC SketiO6 N/A New: Legal DCD used effective 18.20.210 (7) Nonconforming Use (4)(a) and (b). date of the UDC. (" Grandfathering" Non -conforming not Non -conforming provision) applicable since STR every STR is (Definition of legal required to obtain non -conforming use: and permit and ]CC 18.10.140 N) have an annual inspection regardless of when the STR was established. 18.20.210 (7) continued DCD version gives priority to those established prior to adoption of UDC, and those STR that have valid permits from DCD, before new STR will be issued kC SwiQ_n 18.20.210 (8)(a) Enforcement N/A (a) The provisions of this chapter shall be enforced under Title 19 of the Jefferson County Code. Jefferson County may seek any remedy available under law as is necessary to prevent or correct any violation of this chapter. Enforcement This subsection through Title 19. potentially conflicts Addressed in with chapter 64.37 Section 5 of DCD RCW. Enforcement version. through title 19 JCC Also addressed in is sufficient for this DCD version chapter. Section 4(f) requiring DCD permit number advertisement to aid in enforcement See subsections N/A (b) Any short-term 18.20.210 (8)(b) rental platform or (3)(g) and (3)(o), other advertisement above. See also of a short-term rental Sections 3(n) & 4(f) in unincorporated of DCD version for Jefferson County posting data of shall: STR, and requiring (i) Register the the DCD permit platform's name or number on advertisement advertisements. location, contact Applications for person, and website permits for a short - address with the term rental shall be department prior to on a form approved operating; by the director; and (ii) Provide a list of subsection (4) all active short-term Permitting is rental listings within required for all the municipal STRs in the County boundaries of Jefferson County with the department; (iii) Advertise only those short-term rentals with valid permits; and (iv) Comply with all local and state regulation governing short-term rentals. DCD Version N/A N/A Addressed above DCD recommends 18.20.210(3)(f) and/or see DCD adding to make version clear that temporary, portable, or other structures not capable of permanent permits cannot be permitted as an STR. DCD Version N/A N/A Addressed above DCD recommends 18.20.210(3)(h) and/or see DCD adding a version requirement that an STR tied to parcel & permit cannot be transferred to a separate dwelling. DCD Version N/A N/A Addressed above Sec 3(e) existing 18.20.210(3)(i) and/or see DCD UDC. DCD version recommends keeping limit prohibiting renting the principal residence and the guest house on the same lot or parcel on a short-term basis. DCD Version N/A N/A Addressed above DCD recommends 18.20.210(3)0) and/or see DCD adding a limit to version one short-term rental permit for any operator in unincorporated Jefferson County. DCD Version N/A N/A Addressed above DCD recommends 18.20.210(3)(k) and/or see DCD adding language to version clarify the type of permit that will be required. DCD Version N/A 18.20.210(3)(m) DCD Version N/A 18.20.210(4)(b) N/A N/A Addressed above and/or see DCD version Addressed above and/or see DCD version DCD recommends adding a requirement that the STR must meet state and local standards for habitability and life safety conditions. DCD recommends revising and clarifying the status for existing STRs DCD Version 18.20.210(4)(c) and (d) DCD Version 18.20.210(4)(e) DCD Version 18.20.210(4)(f) N/A N/A N/A N/A N/A N/A DCD Version N/A N/A 18.20.210(6) Appendix E-7CC 18.40.040, Table 8-1 Table 8-1 Type I Hospitality establishment permits listed in Table 3-1 in JCC 18.15.040 as "Yes". Type I Hespitality ,,stab",.h.,..Bed and breakfast inn, bed and breakfast residence and short- term rental permits listed in Table 3-1 in ]CC 18.15.040 as "Yes". Addressed above and/or see DCD version Addressed above and/or see DCD version Addressed above and/or see DCD version New: Section (6) Conflict N/A DCD recommends adding a limit related to the cap DCD recommends revising the renewal language. Based on PC Enforcement Section (8)(b). Consistent with feedback from the March 17, 2025 hearing, DCD recommends adding a new requirement that valid permit number shall be included with any advertisement. This should improve enforcement and necessary to ensure all STRs have valid permit. Violation shall be enforceable under Title 19. Accountability measure for health and safety. DCD recommends adding this savings clause to avoid successful State oreemotion claims. The PC and DCD recommended that STR with 5 or fewer guest rooms or less than 10 occupants be a Table 8-1 Type Admii condi perm) 18.4C listed in JC( as "C II Type II N/A The PC & [ recommern iistrative Adr,..inistFative with 6 or n Donal use Discretionary guest roon is under JCC conditional use 10 guest rE .520(1) and permits under ]CC conditional in Table 3-1 18.40.520(i) and2) discretiona 18.15.040 listed in Table 3-1 in ;a)". JCC 18.15.040 as "C(21YdY, unless Type III Rocess required by administrator. )CD Jed STR lore is or over !quire a use ry. Existing Unified Development Code (UDC) performance standards in Section 18.20.210 ]CC Hospitality Establishment (referred as short-term rentals in PC Recommendations & DCD version) Existing Unified Development Code (UDC) regulations on Hospitality Establishments. This is for reference for the beginning of the DCD staff presentation using the comparison table on the proposed amendments to the short-term rentals regulations I 18.20.210 Hospitality establishments. (1) Bed and Breakfast Inns. The following standards apply to all bed and breakfast inns: (a) No more than six guest sleeping rooms shall be accommodated in any bed and breakfast inn. (b) If a building is on a federal, state, or local register of historic structures, then the owner may apply for a bed and breakfast inn for up to 10 rooms. A conditional use permit may be granted if the historic character and fabric of the building are preserved, if there are no new structures or additions to the existing structure(s), and if all other bed and breakfast inn standards and restrictions are met. (c) Meals may only be served to overnight guests. (d) Kitchen facilities are prohibited in guest rooms. (e) Bed and breakfast inns shall be restricted to proprietor -occupied, single-family residences. (f) Guest occupancies shall be limited to no more than 30 consecutive days. (g) The exterior of the building shall retain a residential appearance. (h) Bed and breakfast inns shall be operated in a way that will prevent unreasonable disturbance to area residents. (i) One off-street parking space shall be provided for each guest room in addition to parking required for the residence. All parking spaces shall meet the standards of Chapter 18.30 JCC. 0) Approval shall be conditional upon compliance with all applicable building code requirements, state liquor laws, and state sanitation requirements. (k) No more than one sign is allowed, consistent with the sign standards in JCC 18.30.150. (1) All bed and breakfast inns are subject to the applicable water and food service sanitation requirements established by the Washington State Board of Health and the Jefferson County board of health. (2) Bed and Breakfast Residence. The following standards apply to all bed and breakfast residences: (a) Bed and breakfast residences shall be restricted to owner -occupied single-family residences. (b) No more than three guest sleeping rooms shall be available for the accommodation of bed and breakfast residence guests. (c) Guest occupancies shall be limited to no more than 30 consecutive days. (d) Meals may only be served to overnight guests. (e) The bed and breakfast residence shall be operated in a way that will prevent unreasonable disturbance to area residents. (f) One off-street parking space shall be provided for each guest room in addition to parking required for the residence. (g) Approval shall be conditional upon compliance with all applicable building code requirements, state liquor laws, and state sanitation requirements. (h) No more than one sign is allowed, consistent with sign standards in JCC 18.30.150. (3) Transient Residence or Transient Guest House (Accessory Dwelling Unit). The following standards apply to all short-term (less than 30 days) transient rentals of single-family residential units and guest houses (ADUs) or portions thereof: (Emphasis added by DCD) (a) The transient residence or guest house shall be operated in a way that will prevent unreasonable disturbances to area residents. (b) At least one additional off-street parking space shall be provided for the transient use in addition to the parking required for the residence or guest house. (c) If any food service is to be provided the requirements for a bed and breakfast residence must be met. (d) No outdoor advertising signs are allowed (e) The owner or lessee may rent the principal residence or the guest house on a short-term basis, but not both. (f) Where there are both a principal residence and a guest house (i.e., an accessory dwelling unit), the owner or lessee must reside on the premises. (g) Transient accommodations must meet all local and state regulations, including those pertaining to business licenses and taxes. [Ord. 8-06 § 1] APPENDIX C Planning Commission Recommendation (February ? 5, 2025 ) APPENDIX A 17.60.070 Resort cap and residential use restrictions. Pursuant to Ordinance 01-0128-08, the Pleasant Harbor MPR in total shall have a development cap of up to 890 residential units; provided, however, short-term visitor accommodation units and short-term rental units shall constitute not less than 65 percent of the total units including, but not limited to, hotels, motels, lodges, and any residential uses allowed under each zone. Short-term visitor accommodation units and short-term rental units shall be construed to mean occupancies less than 30 days. The Pleasant Harbor MPR in total shall have a development cap of 56,608 square feet of resort commercial, retail, restaurant, and conference space. [Ord. 3-18 § 2 (Att. 1)] APPENDIX B The following changes are made to Chapter 18.10 JCC: 18.10.120 L. Definitions "Landlord" means, as specified in RCW 59.18.030(16), the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part, and in addition means any person designated as representative of the owner, lessor, or sublessor including, but not limited to, an agent, a resident manager, or a designated property manager. 18.10.160 P definitions. "Primary residence" means a person's usual place of return for housing as documented by motor vehicle registration, driver's license, voter registration, or other such evidence as determined by the Director. A person may have only one primary residence. 18.10.190 S Definitions. "Short-term rental" means a lodging use, that is not a hotel, motel, or bed and breakfast, in which a primary or accessory dwelling unit, or portion thereof, is offered or provided to a guest by a short-term rental operator for a fee for fewer than thirty consecutive nights, as set forth in RCW 64.37.010(9)(a). "Short-term rental advertisement" means any method of soliciting use of a dwelling unit for short-term rental purposes. "Short-term rental operator" or "operator" means any person who receives payment for owning or operating a dwelling unit, or portion thereof, as a short-term rental unit. "Short-term rental platform" or "platform" means a person that provides a means through which an operator may offer a dwelling unit, or portion thereof, for short-term rental use, and from which the person or entity financially benefits. Merely publishing a short-term rental advertisement for accommodations does not make the publisher a short-term rental platform. The remaining portions of chapter 18.10 JCC are not changed. 2 APPENDIX C Changes to JCC 18.15.040, Table 3-1 are as follows: Table 3-1. Allowable and Prohibited Uses Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA ironda le and Agricl ulu Forest— 1 I I Rural Resourc , Light Light Light Parks, Port ral— Commerci DU/ DWI DU/2 Villa Convemen NeighborhoodfVis General e,Based Industrial/Comme Industri Industrial/Manufactu Heavy Preserve Hadloc Prime and al, Rural 5 0 0 ge ce itor Crossroad Crossro induslri rci al (Glen ring Industri a and k Local and Acr Acre Acre Cente Crossroad ad at (Glen Cove) Cove) (Quilcene and al Recreati Urban Inholding es s s r Eastview) on Growt h Area Specific RR RR RR Land Use AG CF/RF/IF 1:5 1:10 1:20 RVC CC NC GC RBI LI/C LI LI/M HI PPR UGA Residenti at Uses Short- Yes Yes Yes Yes Yes Yes No No No No No No No No No Term Rentals with 5 or fewer guest See rooms Chapte r 18 IS Commerc JCC ial Uses Short- C(d) C(d) C(d) C(d) C(d) C(d) No No No No No No No No No Term Rentals with more than 5 guest rooms APPENDIX D Changes to JCC 18.20.200 and JCC 18.20.210 are as follows: 18.20.200 Home Business Home businesses are accessory to the primary residential use and are permitted in any dwelling unit or accessory structure. All home businesses shall be reviewed as Type I permit decisions, except as exempted under subsection (3) of this section. (1) The following list of uses is not intended to be exhaustive, but rather is intended to be illustrative of the types of uses: (a) Artists, photographers, and sculptors; (b) Authors and composers; (c) Dressmakers, seamstresses, and tailors; (d) Home day care; (e) Home crafts such as model making, rug weaving, lapidary work, woodworking, and ceramics; (f) Office facility of a minister, rabbi, priest or other similar person associated with a religious organization; (g) Business office facility of a salesman, sales representative or manufacturer's representative, architect, artist, broker, dentist, physician, public relations practitioner, engineer, planner, instructor in music, arts and crafts, insurance agent, land surveyor, lawyer, musician, real estate agent, or typist; (h) Classes of specialized instruction; and (i) Barbershops and beauty parlors. 18.20.210 Hospitality establishments. (1) Bed and Breakfast Inns. The following standards apply to all bed and breakfast inns: (a) No more than six guest sleeping rooms shall be accommodated in any bed and breakfast inn. (b) If a building is on a federal, state, or local register of historic structures, then the owner may apply for a bed and breakfast inn for up to 10 rooms. A conditional use permit may be granted if historic character and fabric of the building are preserved, if there are no new 4 structures or additions to the existing structure(s), and if all other bed and breakfast inn standards and restrictions are met. (c) Meals may only be served to overnight guests. (d) kitchen facilities are prohibited in guest rooms. (e) Bed and breakfast inns shall be restricted to proprietor -occupied, single-family residences. (f) Guest occupancies for a fee shall be limited to fewer than thirty consecutive nights. (g) The exterior of the building shall retain a residential appearance. (h) Bed and breakfast inns shall be operated in a way that will prevent unreasonable disturbance to area residents. (i) One off-street parking space shall be provided for each guest room in addition to parking required for the residence. All parking spaces shall meet the standards of Chapter 18.30 JCC. 0) Approval shall be conditional upon compliance with all applicable building code requirements, state liquor laws, and state sanitation requirements. (k) No more than one sign is allowed, consistent with the sign standards in JCC 18.30.150. (1) All bed and breakfast inns are subject to the applicable water and food service sanitation requirements established by the Washington State Board of Health and the Jefferson County board of health. (2) Bed and Breakfast Residence. The following standards apply to all bed and breakfast residences: (a) Bed and breakfast residences shall be restricted to owner -occupied single-family residences. (b) No more than three guest sleeping rooms shall be available for the accommodation of bed and breakfast residence guests. (c) Guest occupancies for a fee shall be limited to fewer than thirty consecutive nights. (d) Meals may only be served to overnight guests. (e) The bed and breakfast residence shall be operated in a way that will prevent unreasonable disturbance to area residents. (f) One off-street parking space shall be provided for each guest room in addition to parking required for the residence. (g) Approval shall be conditional upon compliance with all applicable building code requirements, state liquor laws, and state sanitation requirements. (h) No more than one sign is allowed, consistent with sign standards in JCC 18.30.150. (3) Short -Term Rental with five or fewer guest rooms. The following standards apply to all short-term rentals of single-family residential units or portions thereof: (a) The short-term rental shall be operated in a way that will prevent unreasonable disturbances to area residents. (b) At least one additional off-street parking space shall be provided for the short-term rental use in addition to the parking required for the residence or guest house. (c) If any food service is to be provided the requirements for a bed and breakfast residence shall be met. (d) No outdoor advertising signs are allowed. (e) Short-term rentals shall not exceed 4% of the unincorporated Jefferson County housing unit total not including: i. Master planned resorts, ii. Hospitality permits approved under prior regulations, or iii Short-term rentals for less than 30-days predating hospitality regulations. (f) Subject to the established maximum numbers of short-term rentals, rentals for less than 30 days are permissible where the land owner is a resident of Jefferson County and the landowner or a qualified representative is in Jefferson County during the entire rental period. (g) In no case shall the short-term rental exceed the design capacity of the permitted on -site sewage system. (h) In each of the county's zip codes, rentals for less than 30 days shall not exceed the number established by the Board of County Commissioners. In the event the Board has not established maximum numbers of rentals (cap) in each zip code, the cap in each zone shall not exceed 4% of the total number of housing units as estimated by the Office of Financial Management. (i) Short -Term Rental permits shall be inspected annually. G 0) Short -Term Rental permits shall only be valid for three years for permit holders whose primary residence is not on site. (k) Short-term rentals shall meet all local and state regulations, including those pertaining to business licenses, liability insurances, and taxes, and registering with the Washington Department of Revenue as required by RCW 64.37.040. (4) Short -Term Rental with more than five guest rooms. The following standards apply to short- term (less than 30 days) rentals of single-family residential units or portions thereof: (a) The short-term rental shall be operated in a way that will prevent unreasonable disturbances to area residents. (b) One off-street parking space shall be provided for each guest room in addition to parking required for the residence. All parking spaces shall meet the standards of Chapter 18.30 JCC. (c) No outdoor advertising signs are allowed. (d) A conditional discretionary use permit shall be required. (e) With the exception of short-term rentals identified in JCC 18.20.210(3)(e), the maximum number of short-term rentals shall not exceed the maximum cap as set forth in 18.20.210(3); and (i) Landlords are prohibited from renting to a third party for less than 30 days within the first two (2) calendar years of ownership or lease; and (ii) The number of short-term rentals within each of the county's zip codes shall not exceed the amount specified in JCC 18.20.210(3). (f) Short-term rentals shall be located at the landlord's primary residence (5) Regulatory Compliance. Bed and breakfast inns, bed and breakfast residences, and short- term rentals shall comply with all local and state regulations, including those pertaining to business licenses, liability insurances and taxes, and registering with the Washington Department of Revenue. For the avoidance of doubt, compliance "state regulations" includes, without limitation, compliance with all of the requirements in Chapter 64.37 RCW. (6) Application, License and Registration required. (a) An application for approval of any bed and breakfast inn, bed and breakfast residence, or short-term rental shall be filed with the department on forms developed by the department. (b) An application for a bed and breakfast inn, bed and breakfast residence, or short-term rental shall not be considered complete unless it includes a true and correct copy of every license or registration from the Washington Department of Revenue required by it under Cha ter 64.37 RCW. (c) The department shall maintain a list of all approved applications for Bed and breakfast inns, bed and breakfast residences, and short-term rentals, which shall be accessible on the department's web site. (7) Legal non -conforming housing units (sometimes called grandfathering) shall not be included under this chapter 18.210(3) and (4), but must: (a) At a minimum, prior users must demonstrate that the current use is essentially the same as before July 10, 2006 (when JCC 18.20.210 was adopted), and (b) Even if prior use is established, it must meet life safety requirements, state requirements, i.e., 64.37 RCW & licensing requirements. (8) Enforcement. (a) The provisions of this chapter shall be enforced under Title 19 of the Jefferson County Code. Jefferson County may seek any remedy available under law as is necessary to prevent or correct any violation of this chapter. (b) Any short-term rental platform or other advertisement of a short-term rental in unincorporated Jefferson County shall: (i) Register the platform's name or advertisement location, contact person, and website address with the department prior to operating; (ii) Provide a list of all active short-term rental listings within the municipal boundaries of Jefferson County with the department; (iii) Advertise only those short-term rentals with valid permits; and (iv) Comply with all local and state regulation governing short-term rentals. 8 APPENDIX E Changes to JCC 18.40.040, Table 8-1 are as follows: Table 8-1. Permits — Decisions Type IZ Type II Type III Type IV Type V Bed and Discretionary breakfast inn, conditional use bed and permits under JCC breakfast 18.40.520(2) listed in residence and Table 3-1 in JCC short-term 18.15.040 as "C(d)" rental permits unless Type III process required by listed in administrator. Table 3-1 in JCC 18.15.040 as "Yes". FMATffffWTII:aE DCD Staff Recommendation to PC Recommendation (March 14, 2025, as amended March 18, 2025) APPENDIX A 17.60.070 Resort cap and residential use restrictions. Pursuant to Ordinance 01-0128-08, the Pleasant Harbor MPR in total shall have a development cap of up to 890 residential units; provided, however, short-term visitor accommodation units and short-term rental units shall constitute not less than 65 percent of the total units including, but not limited to, hotels, motels, lodges, and any residential uses allowed under each zone. Short-term visitor accommodation units and short-term rental units shall be construed to mean occupancies less than 30 nights. The Pleasant Harbor MPR in total shall have a development cap of 56,608 square feet of resort commercial, retail, restaurant, and conference space. [Ord. 3-18 § 2 (Att. 1)] APPENDIX B The following changes are made to Chapter 18.10 JCC: 18.10.190 S Definitions. "Short-term rental"_means a lodging use, that is not a hotel, motel, or bed and breakfast, in which a primary or accessory dwelling unit, or portion thereof, is offered or provided to a guest by a short-term rental operator for a fee for fewer than thirty consecutive nights, as set forth in RCW 64.37.010(9)(a). "Short-term rental advertisement" means any method of soliciting use of a dwelling unit for short-term rental purposes. "Short-term rental operator" or "operator" means any person who receives payment for owning or operating a dwelling unit, or portion thereof, as a short-term rental unit. "Short-term rental platform" or "platform" means a person that provides a means through which an operator may offer a dwelling unit, or portion thereof, for short-term rental use, and from which the person or entity financially benefits. Merely publishing a short-term rental advertisement for accommodations does not make the publisher a short-term rental platform. The remaining portions of chapter 18.10 JCC are not changed. 0) APPENDIX C Changes to JCC 18.15.040, Table 3-1 are as follows: Tahip'11-1 Allnwahip and Prnhihitod 1Tcac Resource Lands Rural Residential Rural Commercial Rural Industrial Public UGA ironda le and Agrtcultu Forest— Commerci 1 DU/ 1 DU, /1 I DU/2 Rural Villa Canvenien General Resasedoure Light Light Light indus[rial/Manufacfu Heavy parks, Preserve Port ral— Rural 5 0 0 NeighborhoodNis Crossra rBased IndustriaUCamme Industri ring Industri sand HaIt Prime and al ge ce itor Crossroad Industri rcial al (Glen Local and Acr Acre Acre Cente Crossroad ad al (Glen Cove) Cove) (Quilce and al Recreeti Urban Inhalding es s s r ie Easlview) on Grow( h Area Specific RR RR RR Land Use AG CF/RF/IF 1:5 1:10 1:20 RVC CC NC GC RBI LI/C LI LI/M HI PPR UGA Residenti A Uses Short- Yes Yes Yes Yes Yes Yes No No No No No No No No No Tenn Rentals with 5 or fewer guest rooms or 10 or Fewer See occupants Chapte r 18 IS Commerc i JCC ial Uses Short- C(d) C(d) C(d) C(d) C(d) C(d) No No No No No No No No No Term Rentals with more than 5 guest rooms or more than 10 occupants APPENDIX D Changes to JCC 18.20.210 are as follows: 18.20.210 Hospitality establishments. (3) Short -Term Rental. The following standards apply to all short-term rentals of single-family residential units or portions thereof: (a) The short-term rental shall be operated in a way that will prevent unreasonable disturbances to area residents. (b) All parking must be contained onsite, as determined by DCD. All parking spaces shall meet the standards of Chapter 18.30 JCC.(c) If any food service is to be provided the requirements for a bed and breakfast residence must be met. (d) No outdoor advertising signs are allowed. One identification (ID) placard identifying the name of the rental is allowed onsite and shall not exceed four square feet in size. (e) In no case shall the short-term rental exceed the design capacity of the permitted on -site sewage system. (f) Short-term rentals are not permitted in any temporary, portable, or other structure not permitted by the County for permanent occupancy (e.g., boat, tent, yurt, RV, etc.). (g) Short-term rentals shall meet all local and state regulations, including those pertaining to business licenses, liability insurances, and taxes, and registering with the Washington Department of Revenue as required by RCW 64.37.040. (h) A short-term rental permit shall be tied to the property and cannot be transferred to a separate dwelling. (h) A short-term rental permit shall be tied to the property and cannot be transferred to a separate dwelling. (i) The owner or operator may rent the principal residence or the guest house on the same lot or parcel on a short-term basis, but not both. 0) A short-term rental operator shall not hold more than one hospitality permit for a short- term rental in unincorporated Jefferson County. (k) Short-term rentals with five or fewer guest rooms and 10 or fewer total occupants will require a Type I hospitality permit for a short-term rental. (1) Short-term rentals with six or more guest rooms and greater than 10 total occupants shall require a conditional discretionary use permit and additional building requirements. 4 (m) Must meet state and local standards for habitable space and life safety conditions. (n) For six months after the adoption of this chapter, DCD will accept all short-term rental applications. After this six-month grace period, the following limit will apply to the renting of the entire primary or accessory dwelling (i.e. excluding the renting of STRs occupied by the landowners). Short-term rentals within Master Plan Resorts (MPR) are excepted from the cap on short-term rentals. Short-term rentals shall be limited to four percent of the dwellings in unincorporated Jefferson County housing, as determined by DCD. Based on OFM (Office of Financial Management) data, there are 11,694 dwellings outside of MPR. Four percent of these dwellings would equate to 468 short-term rentals allowed at this time. The short-term rentals will be distributed prepositional based on the housing stock in each zip code (i.e., if Port Townsend zip code has 30 percent of the housing stock they would be allowed 30% of the short-term rentals based on the U.S. Census). Every year DCD will update the number of dwelling units, the number of short-term rentals allowed and the number of short-term rental permits that have a valid permit from DCD. If the maximum number of short-term rentals is reached, DCD will have a waiting list for new short-term rentals. (o) Applications for permits for a short-term rental shall be on a form approved by the director. (4) Permitting is required for all short-term rentals in the County. (a) A short-term rental that existed prior to the establishment of the original Unified Development Code with an effective date of January 16, 2001 shall be established as a legal non -conforming use if all of the following requirements are satisfied: (i) The short-term rental operator provides proof to the satisfaction of the director that the lot or parcel was the location of a short-term "rental and that applicable sales and lodging taxes pursuant to chapter 64.37 RCW were remitted to the authorized collector prior to January 16, 2001; and (ii) Apply for and obtain a hospitality permit for a short-term rental permit within 6 months from the date of the adoption of this Ordinance. (b) Existing short-term rentals that have been permitted by DCD after January 16, 2001 are allowed to continue, provided that short-term rental operator renews the permit and satisfies all of the requirements of this section. (c) The number of new short-term rentals limit addressed in section 3(n) shall be reduced by the number of pre-existing short-term rentals addressed in in Section 4(a) and (b) above. (d) New short-term rental applications shall be accepted until the limit addressed in Section 3(n) above is met. Once a hospitality permit for a short-term rental is issued, the permit may continue, provided the short-term rental operator renews the permit and satisfies all the requirements of this chapter. (e) Short -Term Rental Permit Renewal: (i) Application for renewal shall occur annually and at least 30 days prior expiration of the hospitality permit for a short-term rental. (ii) Renewal fees for a hospitality permit for a short-term rental shall be per the applicable fee schedule. (iii) Renewal of an existing permit for a short-term rental requires an inspection addressing fire, safety, and health requirements. (iv) Failure to renew a permit for a short-term rental may result in short-term rental not being allowed if the limit addressed in Section 3(n) is met. (f) Permit Number. The short-term rental operator shall include the Jefferson County permit number for the short -teen rental in all advertisements and ensure its prominent display on all platforms and other forums for rental of the short-term rental. including but not limited to Airbnb, VRBO, Craigslist, Facebook, flyers or posters and on marketing materials such as brochures and websites. Any failure to provide a valid permit number or posting a false permit number is prohibited and shall be subject to enforcement as a violation of this chapter. (5) Enforcement. The provisions of this chapter shall be enforced under Title 19 of the Jefferson County Code. Jefferson County may seek any remedy available under law as is necessary to prevent or correct any violation of this chapter. (6) Conflict. If any county regulations herein are found to be in conflict with chapter 64.37 RCW, the provisions of chapter 64.37 RCW shall apply. 1.1 APPENDIX E Changes to JCC 18.40.040, Table 8-1 are as follows: Table 8-1. Permits — Decisions Type I2 Type II Type III Type IV Type V Bed and Discretionary breakfast inn, conditional use bed and permits under JCC breakfast 18.40.520(2) listed in residence and Table 3-1 in JCC short-term 18.15.040 as "C(d)" rental permits unless Type III process required by listed in administrator. Table 3-1 in JCC 18.15.040 as "Yes". 7