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Home My WebLink About7c.ii 2025 03 19 Comparison Table_JCC_PC_DCD Final for BOCC HEARING DCD draft presentation pdfAPPENDIX 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 Recommendations for STR are 4 pages long; DCD recommendations on STR are 3 pages long There are ~5 areas of minor changes and ~7 major changes outlined below between the PC & DCD versions Section Number Jefferson County Code (JCC), current through Ordinance 03- 0610-24, passed June 10, 2024 Planning Commission’s Recommended STR Ordinance Staff’s Recommended Changes Explanation Appendix A—Changes to JCC 17.60.070 JCC 17.60.070 (In the Pleasant Harbor MPR) “… Short-term visitor accommodation units and short- term rental units shall be construed to mean occupancies equal to or less than 30 days.” Revised to read less than 30 days. Revised “days” to “nights.” DCD recommends revising for consistency with chapter 64.37 RCW, which uses “nights” instead of “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” means a single- family residential unit or ADU used for short-term transient occupancy (for periods less than 30 days). 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”; Removed Definitions in JCC 18.10.200 for “Transient accommodations” and “Transient residence” or “Transient ADU” 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 “Transient ADU” 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 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 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 guest rooms and more than 10 occupants (Same) DCD recommends revising to use the number of guest rooms or occupants for consistency with building code. This changes also would address environmental health concerns. Appendix D— Changes to JCC 18.20.210 JCC 18.20.210(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: 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: Short-Term Rental. The following standards apply to all short-term rentals of single- family residential units or portions thereof: DCD version is the same for 5 or fewer guest rooms and for over 6 guest rooms. Otherwise PC & DCD is the same. JCC 18.20.210(3)(a) The transient residence or guest house shall be operated in a way that will prevent unreasonable disturbances to area residents. No change No change PC & DCD same JCC 18.20.210(3)(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. Required at least one additional off street parking for the STR Required all parking spaces on-site as determined by DCD Recommends revising to tighten the parking requirements and makes them all onsite JCC 18.20.210(3)(c) If any food service is to be provided the requirements for a bed and No change No change PC & DCD Same breakfast residence must be met. JCC 18.20.210(3)(d) No outdoor advertising signs are allowed. No change New: Allows one 4 sq. ft identification sign DCD recommends revising to aid the renters in finding the dwelling JCC 18.20.210(3)(e) The owner or lessee may rent the principal residence or the guest house on a short-term basis, but not both. PC removed this section DCD moved this to 3(i) DCD kept for added emphasis JCC 18.20.210(3)(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. Changed to read: 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. Removed and addressed in (3)(j): A short-term rental operator shall not hold more than one hospitality permit for a short-term rental in unincorporated Jefferson County. The PC Version would limit STR to the land owner who is a resident of Jefferson County and have a rep is in JC. DCD believes this would be difficult to enforce DCD rec. the limit of 1 STR per operator in JC. JCC 18.20.210(3)(g) (meet all local and state regulations & Licenses (this is end of existing code in 18.20.210) Transient accommodations must meet all local and state regulations, including those pertaining to business licenses and taxes. PC addressed in Section 3(k) DCD addressed in Section 3(g): PC & DCD versions are the same. PC Section 3 N/A 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: DCD version same as PC PC & DCD versions are the same PC Sections 3(a),(b),(c) &(d) See above See above See above Addressed above PC Section 18.20.210(3)(e) STR subject to 4% Cap N/A 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. DCD addressed PC 3(e) & 3(h) for new STR in Sections (3)(n) and 4(c): 1st sentence of DCD has 6 month grace period. 2nd sentence specified B&B res. & inns not subject to cap. DCD recommends revisions to further define rationale for 4% so it is clear how cap was determined and will be applied. PC Section 18.20.210(3)(f) Resident of Jefferson County and landowner or representative in Jefferson County during entire stay N/A 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. DCD recommended removing Section 3(f) of PC version. DCD recommends removal of this subsection based on difficulty to implement residency requirement. PC Section 18.20.210(3)(g) Septic requirements N/A 3(g) In no case shall the short-term rental exceed the design capacity of the permitted on-site sewage system. Septic requirements addressed in Section 3(e) of DCD version PC & DCD versions are the same PC Section 18.20.210(3)(h) Details on the 4% cap on STR N/A 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. DCD addressed PC 3(e) & 3(h) for new STR in Sections (3)(n) and 4(c): See PC Section 18.20.210(3)(e) above PC Section 18.20.210 (3)(i) Annual inspection N/A Short-Term Rental permits shall be inspected annually. 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. DCD recommends clarifying the annual inspection is a part of the renewal process. PC Section 18.20.210(3)(j) N/A Short-Term Rental permits shall only be valid for three years for permit holders whose primary residence is not on site. DCD contends it is unfair for STR to be limited to 3 years if it STR operator satisfies all the other requirements of this section. PC Section 18.20.210 (3)(k) N/A 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. 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 64.37.040. PC section (3)(k) & DCD section 3(g) are the same PC Section 18.20.210 (4) 18.20.210(4) are PC standards for STR with more than five guest rooms 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: DCD has same standards for STR with 5 or fewer or more than 6 guest rooms. Consolidated requirements of Section (4) into Section (3). BOCC could have different standards for STR with more than 5 guest rooms PC Section 18.20.210(4)(a) N/A The short-term rental shall be operated in a way that will prevent unreasonable disturbances to area residents. Addressed in DCD version 3(a) Addressed above in existing UDC section. PC and DCD version same PC Section 18.20.210(4)(b) N/A 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. Addressed in DCD version 3(b) PC version requires 1 parking space per guest room for STR with over 6 guest rooms PC Section 18.20.210(4)(c) N/A No outdoor advertising signs are allowed. Addressed in DCD version 3(d) Addressed above in existing UDC section. PC Section 18.20.210 (4)(d) Permitting process for STR with over 6 guest rooms N/A New: A conditional discretionary use permit shall be required. See DCD version (3)(l) Short term rentals with 6 or more guest rooms or more than 10 occupants requires a conditional discretionary permit and additional building requirements. 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. PC Section 18.20.210(4)(e) 18.20.210 N/A (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). DCD version 3(j) recommends adding a limit to one short-term rental permit for any operator in unincorporated Jefferson County. DCD did not prohibit STR for first two years of ownership for STRs with more than 6 guest rooms. PC Section 18.20.210(4)(f) STR with over 6 guest rooms – primary residence N/A Short-term rentals shall be located at the landlord’s primary residence N/A DCD version did not include STR be in landlords primary residence PC Section 18.20.210 (5) Compliance with all requirements N/A (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. 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 standards in Section 18.20.210(1)(j) and Section 18.20.210(2)(g). These standards could be made to be similar to these sections. Remaining language is the same in PC and DCD versions PC Section 18.20.210 (6) Application, license and registration requirements N/A (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 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 (3)(g) and (3)(o), above. See also Sections 3(n) & 4(f) of DCD version for posting data of STR, and requiring the DCD permit number on advertisements. Applications for permits for a short- term rental shall be on a form approved by the director; and subsection (4) Permitting is required for all STRs in the County. DCD recommends revising to expand and enhance enforcement and renewal requirements. PC Section 18.20.210 (7) Non-conforming STR N/A New: Legal Nonconforming Use (“Grandfathering” provision) (Definition of legal non-conforming use: JCC 18.10.140 N) See subsections (4)(a) and (b). DCD used effective date of the UDC. Non-conforming not applicable since every STR is required to obtain and permit and have an annual inspection regardless of when the STR was established. PC Section 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 PC Section 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 through Title 19. Addressed in Section 5 of DCD version. Also addressed in DCD version Section 4(f) requiring DCD permit number advertisement to aid in enforcement This subsection potentially conflicts with chapter 64.37 RCW. Enforcement through title 19 JCC is sufficient for this chapter. PC Section 18.20.210 (8)(b) N/A (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. See subsections (3)(g) and (3)(o), above. See also Sections 3(n) & 4(f) of DCD version for posting data of STR, and requiring the DCD permit number on advertisements. Applications for permits for a short- term rental shall be on a form approved by the director; and subsection (4) Permitting is required for all STRs in the County DCD Version 18.20.210(3)(f) N/A N/A Addressed above and/or see DCD version DCD recommends adding to make clear that temporary, portable, or other structures not capable of permanent permits cannot be permitted as an STR. DCD Version 18.20.210(3)(h) N/A N/A Addressed above and/or see DCD version DCD recommends adding a requirement that an STR tied to parcel & permit cannot be transferred to a separate dwelling. DCD Version 18.20.210(3)(i) N/A N/A Addressed above and/or see DCD version Sec 3(e) existing UDC. DCD 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 18.20.210(3)(j) N/A N/A Addressed above and/or see DCD version DCD recommends adding a limit to one short-term rental permit for any operator in unincorporated Jefferson County. DCD Version 18.20.210(3)(k) N/A N/A Addressed above and/or see DCD version DCD recommends adding language to clarify the type of permit that will be required. DCD Version 18.20.210(3)(m) N/A N/A 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 Version 18.20.210(4)(b) N/A N/A Addressed above and/or see DCD version DCD recommends revising and clarifying the status for existing STRs DCD Version 18.20.210(4)(c) and (d) N/A N/A Addressed above and/or see DCD version DCD recommends adding a limit related to the cap DCD Version 18.20.210(4)(e) N/A N/A Addressed above and/or see DCD version DCD recommends revising the renewal language. DCD Version 18.20.210(4)(f) N/A N/A Addressed above and/or see DCD version 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 Version 18.20.210(6) N/A N/A New: Section (6) Conflict DCD recommends adding this savings clause to avoid successful State preemption claims. Appendix E—JCC 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 Hospitality establishment Bed and breakfast inn, bed and breakfast residence and short- term rental permits listed in Table 3-1 in JCC 18.15.040 as “Yes”. N/A The PC and DCD recommended that STR with 5 or fewer guest rooms or less than 10 occupants be a Table 8-1 Type II Administrative conditional use permits under JCC 18.40.520(1) and listed in Table 3-1 in JCC 18.15.040 as “C(a)”. Type II Administrative Discretionary conditional use permits under JCC 18.40.520(1) and2) listed in Table 3-1 in JCC 18.15.040 as “C(a)”.d)” unless Type III process required by administrator. N/A The PC & DCD recommended STR with 6 or more guest rooms or over 10 guest require a conditional use discretionary.