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HomeMy WebLinkAbout7c.iv Exhibit D_2025 03 19 Staff Recommendation_Updated clean2APPENDIX D DCD Staff Recommendation to PC Recommendation (March 14, 2025, as amended March 18, 2025) 1 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)] 2 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. 3 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 Agricultu ral – Prime and Local Forest – Commerci al, Rural and Inholding 1 DU/ 5 Acr es 1 DU/1 0 Acre s 1 DU/2 0 Acre s Rural Villa ge Cente r Convenien ce Crossroad Neighborhood/Vis itor Crossroad General Crossro ad Resourc e-Based Industri al Light Industrial/Comme rcial (Glen Cove) Light Industri al (Glen Cove) Light Industrial/Manufactu ring (Quilcene and Eastview) Heavy Industri al Parks, Preserve s and Recreati on Ironda le and Port Hadloc k Urban Growt h Area Specific Land Use AG CF/RF/IF RR 1:5 RR 1:10 RR 1:20 RVC CC NC GC RBI LI/C LI LI/M HI PPR UGA Residenti al Uses See Chapte r 18.18 JCC Short- Term Rentals with 5 or fewer guest rooms or 10 or fewer occupants Yes Yes Yes Yes Yes Yes No No No No No No No No No Commerc ial Uses Short- Term Rentals with more than 5 guest rooms or more than 10 occupants C(d) C(d) C(d) C(d) C(d) C(d) No No No No No No No No No 4 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. (j) 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. (l) 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. 5 (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. 6 (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-term 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. 7 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 breakfast inn, bed and breakfast residence and short-term rental permits listed in Table 3-1 in JCC 18.15.040 as “Yes”. Discretionary conditional use permits under JCC 18.40.520(2) listed in Table 3-1 in JCC 18.15.040 as “C(d)” unless Type III process required by administrator.