HomeMy WebLinkAbout23-0421-25R STATE OF WASHINGTON
County of Jefferson
In the Matter of Jefferson County's Code
Revisor Authorized to Make Identified RESOLUTION NO. 23-0421-25R
Revisions Correcting Scrivener's Errors In
Jefferson County's Short-Term Rental
Ordinance Number 03-0407-25.
WHEREAS, on April 7, 2025, the Board of County Commissioners (BoCC) passed an
Ordinance on Short-Term Rentals (STR), Ordinance Number 03-0407-25; and
WHEREAS, the amendments to the STR regulations did not intend to change where STRs
can occur within Master Planned Resorts (MPRs); and
WHEREAS, a scrivener's error inadvertently removed a sentence from section
18.20.210(3)(n)reflecting that short-term rentals within MPRs are exempt from the cap on STRs;
and
WHEREAS, since BoCC did not intend to make any changes to STRs within MPRs, it
follows that MPRs are also be exempt from new section 18.20.210(3)(q) JCC prohibiting STRs
for the first year of ownership; and
WHEREAS,these issues were brought to DCD's attention after the approval and adoption
of the new STR Ordinance and after the minutes from April 7, 2025,were posted to the Jefferson
County website; and
WHEREAS,pursuant to Jefferson County Code(JCC) 1.01.100 Code Reviser Established,
the clerk of the board of county commissioners has been designated the official code reviser and
shall compile the ordinance law of Jefferson County as enacted by the board of commissioners
into a code (or compilation) of laws by title, chapter and section, without substantive change or
alteration of purpose or intent; and
WHEREAS, the purpose of this resolution is to provide transparency and a clear record
authorizing Jefferson County's code revisor to make said revisions correcting scrivener's errors to
reflect the intentions of BoCC during the April 7, 2025 deliberations;
NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF
JEFFERSON COUNTY,WASHINGTON, HEREBY RESOLVE AS FOLLOWS:
Section 1. Whereas Clauses are Findings of Fact. The Jefferson County Board of Commissioners
hereby adopts the above"Whereas"clauses as Findings of Fact.
Section 2. Purpose. The purpose of this resolution is to authorize Jefferson County's code revisor
to make the following revisions to section 18.20.210(3)(n) and (q) JCC to correct the identified
scrivener's errors accordingly:
Section 18.20.210(3)(n) shall include the following sentence:
Short-term rentals within Master Planned Resorts (MPR) are exempt from the cap on
short-term rentals.
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Section 18.20.210(3)(g) shall include the following sentence:
Excluding short-term rentals in the MPR, short-term rental operators are prohibited from
renting to a third party for less than 30 days within the first year(1)calendar year of
ownership.
The remaining provisions of the STR Ordinance remain unchanged as was approved and
adopted on April 7, 2025.
Section 3. Severability. If any section, subsection, sentence, clause, or phrase of this resolution or
its application to any person or circumstance is held invalid,the remainder of this resolution or its
application to other persons or circumstances shall be fully valid and shall not be affected.
Section 4. SEPA Categorical Exemption. This resolution is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800(19).
Section 5. Effective Date. This resolution shall take effect and be in full force immediately upon
approval and adoption by the Board of County Commissioners.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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APPROVED AND ADOPTED this : f day off L 2025.
FFERSON COUNTY
RD OF COUNTY COMMISSIONERS
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RSON o"' S Hei i Chair
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ATTEST: APPROVED AS TO FORM:
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Carolyn laway, Date / Philip C. Hunsucker, Date `-//z-z/ZS
--Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney
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APPENDIX A
Changes to JCC 18.20.210 are as follows:
18.20.210 Hospitality establishments.
(3) Short-Term Rental.
Unit),The following standards apply to all short-term rentals of
single-family residential units r portions thereof:
(a)The short-term rental transient residence est heuCe 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.^t least e e additional eff street parking n e
er-guest-heuse:
(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.
short ♦er basin, but not both
(f)This chapter applies to permanent residences. 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.).
premises.
(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. Transient n ,d.tons m ,st
taxes.
(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.
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(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 an-dor 10 or fewer total occupants will
require a Type I hospitality permit for a short-term rental.
(I)Short-term rentals with six or more guest rooms an4or greater than 10 total occupants
shall require a conditional discretionary use permit and additional building requirements.
(m) Short-term rentals must meet state and local standards for habitable space and life
safety conditions.
of the entire primary or accessory dwelling(i.e. excluding the renting of STRs occupied by
tentweittol
(n) Short-term rentals within Master Plan Resorts (MPR) are exemptcepted from the cap on
short-term rentals.
The following limit applies to the renting of the entire primary or accessory dwelling (i.e.,
excluding the renting of STRs occupied by the landowners). Short-term rentals shall be
limited to four percent(4%)of the dwellings in unincorporated Jefferson County housing,
as determined by DCD. The number of dwellings is b—Based on OFM (Office of Financial
Management)data, excluding MPRMaster Plan
Resorts(MPRs).
The short-term rentals will be distributed prepesitienalproportionally
based on the housing stock in each zip code
0
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.
(o) If the maximum number of short-term rentals is reached, DCD will have a waiting list
for new short-term rentals. DCD shall manage the waitlist by issuing permits based on the
earliest date of application-
(pe) Applications for permits for a short-term rental shall be on a form approved by the
director.
(q) Excluding short-term rentals in the MPR, Sshort-term rental operators are prohibited
from renting to a third party for less than 30 days within the first (1)calendar year of
ownership.
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(r)The short-term rental operator is responsible to provide written notice to renters of:
(i) County sound and noise regulations, which may constitute a Public nuisance noises,
as defined by JCC 8.70.050.
(ii) Rules of conduct, local laws, burn bans, and renter responsibility not to trespass on
private property or to create disturbances (e.g., noise). If there is an easement that
provides renters legal access to off-site areas such as a beach access, this shall be
indicated on a map and the easement shall be clearly marked.
(iii) The location of the breaker box, water shut-off, gas shut-off, instructions regarding
the septic system, emergency numbers, and the name and number of a local contact
person(s) for the vacation rental.
(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 six
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 chapter.
(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+trSection 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 to expiration
of the hospitality permit for a short-term rental.
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(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.
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APPENDIX B
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) This chapter applies to permanent residences. 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.
(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 or 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 or greater than 10 total occupants shall
require a conditional discretionary use permit and additional building requirements.
1
(m) Short-term rentals must meet state and local standards for habitable space and life
safety conditions.
(n) Short-term rentals within Master Plan Resorts(MPR) are exempt from the cap on short-
term rentals. The following limit applies to the renting of the entire primary or accessory
dwelling (i.e.,excluding the renting of STRs occupied by the landowners). Short-term
rentals shall be limited to four percent(4%) of the dwellings in unincorporated Jefferson
County housing, as determined by DCD. The number of dwellings is based on OFM
(Office of Financial Management) data, excluding Master Plan Resorts (MPRs). The short-
term rentals will be distributed proportionally based on the housing stock in each zip code.
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.
(o) If the maximum number of short-term rentals is reached, DCD will have a waiting list
for new short-term rentals. DCD shall manage the waitlist by issuing permits based on the
earliest date of application.
(p)Applications for permits for a short-term rental shall be on a form approved by the
director.
(q)Excluding short-term rentals in the MPR, short-term rental operators are prohibited
from renting to a third party for less than 30 days within the first(1) calendar year of
ownership.
(r) The short-term rental operator is responsible to provide written notice to renters of:
(i) County sound and noise regulations, which may constitute a Public nuisance noises,
as defined by JCC 8.70.050.
(ii) Rules of conduct, local laws, burn bans, and renter responsibility not to trespass on
private property or to create disturbances (e.g.,noise). If there is an easement that
provides renters legal access to off-site areas such as a beach access, this shall be
indicated on a map and the easement shall be clearly marked.
(iii) The location of the breaker box, water shut-off, gas shut-off, instructions regarding
the septic system, emergency numbers, and the name and number of a local contact
person(s) for the vacation rental.
(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
2
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 six
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 chapter.
(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 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 to 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.
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(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.
4
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Carolyn Gallaway,Clerk of the Board
Greg Ballard,DCD Development Code Administrator
Philip Hunsucker,Chief Civil Deputy Prosecuting Attorney
DATE: April 21,2025
SUBJECT: Correcting Scrivener's Errors
STATEMENT OF ISSUE:
On April 7, 2025,the Board of County Commissioners(BoCC)passed an Ordinance on Short-Term Rentals
(STR), Ordinance Number 03-0407-25. Since the STR Moratorium expired that same day, some last-minute
recommendations and changes were made to the proposed Ordinance in open session. While staff and the
scrivener tried to capture all requested changes accurately in the final Ordinance, a scrivener's error has been
brought to our attention. In order to ensure the final Ordinance reads as the BoCC intended, a minor
correction to the new language in Jefferson County Code (JCC) sections 18.20.210(3)(n) and(q) Hospitality
Establishments are necessary.
ANALYSIS:
The amendments to the STR regulations did not intend to regulate how many STRs can occur within Master
Planned Resorts(MPRs). However, during deliberations on April 7, 2025,the following sentence was
inadvertently deleted from amended section JCC 18.20.210(3)(n):
"Short-term rentals within Master Planned Resorts (MPR) are exempted from the cap on short-term
rentals. "
Since BoCC's intention had been to exempt MPRs from the total housing cap, amended section JCC
18.20.210(3)(n) is supposed to read:
"Short-term rentals within Master Plan Resorts (MPR) are exempt from the cap on short-term
rentals. The following limit applies to the renting of the entire primary or accessory dwelling
(i.e., excluding the renting of STRs occupied by the landowners). Short-term rentals shall be
limited to four percent(4%) of the dwellings in unincorporated Jefferson County housing, as
determined by DCD. The number of dwellings is based on OFM(Office of Financial
Management) data, excluding Master Plan Resorts (MPRs). The short-term rentals will be
distributed proportionally based on the housing stock in each zip code. 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. "
1
Furthermore, since BoCC did not intend to make any changes to the amount of STRs within MPRs, it
follows that MPRs are also be exempt from amended section JCC 18.20.210(3)(q)prohibiting STRs for the
first year of ownership.
JCC 18.20.210(3)(q) currently reads:
"Short-term rental operators are prohibited from renting to a third party for less than 30 days within
the first(1) calendar year of ownership. "
However, for consistent interpretation, JCC 18.20.210(3)(q) should read:
"Excluding short-term rentals in the MPR, short-term rental operators are prohibited from renting to
a third party for less than 30 days within the first(1) calendar year of ownership.
STRs within MRPs are still subject to fire, safety, and health requirements, as well as annual permit
renewals as outlined in amended sections JCC 18.20.210(3)(m)and (4)(e)JCC.
Pursuant to JCC 1.01.100 Code Reviser Established,the clerk of the board of county commissioners has
been designated the official code reviser and shall compile the ordinance law of Jefferson County as enacted
by the board of commissioners into a code (or compilation)of laws by title, chapter and section, without
substantive change or alteration of purpose or intent. The code reviser may appoint an assistant or assistants
as required to perform the duties of code reviser. The prosecuting attorney is the legal advisor of the code
reviser. Valuing transparency, and wanting to create a clear record—and also wanting to correct the
scrivener's error— Staff bring this matter before the BoCC for review through the attached resolution.
Attached to this agenda request is a redline (Appendix A) and clean(Appendix B) version of the amended
section JCC 18.20.210 for convenience and ease of review.
FISCAL IMPACT:
There is no fiscal impact to this resolution.
RECOMMENDATION:
Approve the attached resolution allowing the Jefferson County code revisor to correct the identified
scrivener's error,which reflect BoCC's intent during the STR deliberations on April 7, 2025.
Alternatively, instruct staff to bring back a new ordinance correcting Ordinance Number 03-0407-25.
REVIEWED BY:
Mark McCaule County Administrator Dat
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