Chapter 18.16 SHORT-TERM RENTALS

Chapter 18.16
SHORT-TERM RENTALS

Sections:

18.16.010 Applicability.

18.16.020 Licensing and fees.

18.16.030 Additional regulations on short-term rentals.

18.16.040 Responsible party.

18.16.050 Licensing review criteria.

18.16.060 Noise and occupancy control.

18.16.070 Suspension or revocation.

18.16.080 Violation and enforcement.

18.16.010 Applicability.

All short-term rentals (STRs) must be inspected by the building department and issued an STR license before being offered for rent.

(1) Short-term rentals are allowed in the following zones:

(a) Low density residential (R-10,000);

(b) Moderate density residential (R-5,000);

(d) Historic commercial (HC).

(2) The town is further subdivided into seven districts with individual capacity limits on the number of short-term rentals permitted to operate concurrently, not to exceed a total cap of 18, as determined by the short-term rental district capacity map which shall be formally adopted and display the adoption date and ordinance number. The capacity limits do not apply within the commercial and historic commercial zones.

(3) No person, firm, or corporation shall advertise or operate a short-term rental within the town without having first obtained a short-term rental license from the town. (Ord. 474 § 1 (Exh. A), 2021)

18.16.020 Licensing and fees.

(1) STR applicants must apply for an STR license. The licensee for an STR under this section shall be the property owner. Unless renewed, the STR license shall expire annually on May 1st.

(2) Beginning February 1, 2021, STR licenses will be processed on a first come, first served basis to new license applicants, after allowing for those previously legally licensed (vested) STRs which already exist. Once the number of new license applications exceeds the cap allowed in each district (after allowing for those already existing and vested), applications shall be selected at random from the wait list for processing. For each year thereafter, renewal applications shall be submitted between April 1st and April 15th each year in order to be considered for the next licensure term. Renewal applications for existing licensed properties shall be processed prior to the issuance of any new license to ensure that the district caps are not exceeded.

(3) Town administration shall review the STR license application and if it complies with all zoning requirements and licensing review criteria and district caps have not been met, town administration will issue or renew an STR license. The approval may include reasonable conditions to ensure that the provisions of this chapter are achieved. If denied, the reasons for denial shall be stated in writing.

(4) An STR license may be renewed if the responsible party meets renewal requirements including:

(a) Paying the renewal fee.

(b) Having been deemed by the city to be in substantial compliance with the provisions of this chapter for the past year.

(c) Providing written confirmation as to how many complaints related to the operation of the short-term rental occurred and how resolved.

(d) Documenting and describing any changes that have occurred to the information on the current short-term rental application.

(e) Additional renewal inspection requirements as may be necessary.

(5) The town will hold and maintain a “wait list” of additional applicants and make selections at random when allowed by availability.

(6) The applicant may make an appeal to the town clerk in writing of the approval, denial, or conditions of an STR license within 14 days of the determination.

(7) Prior to receiving a license for a new STR, the applicant shall be required to have the prospective STR inspected by the appropriate departments of the town and to ensure compliance with building, fire, municipal and health codes including but not limited to:

(a) Short-term rental property inspection;

(b) Certified septic inspection;

(8) For properties on septic systems, the maximum occupancy of each STR license shall be based on septic capacity as determined by a certified septic inspection.

(9) Fees will be defined by the Short-Term Rental Licensing Guidance document, which can be updated up to once annually by the town. The town is authorized to collect the following:

(a) License administration fee;

(b) Property inspection (and reinspection, if necessary) fee;

(d) Appeals fees; and

(e) Sales and lodging tax. (Ord. 474 § 1 (Exh. A), 2021)

18.16.030 Additional regulations on short-term rentals.

In addition to the regulations in the Skykomish Municipal Code, short-term rentals are also subject to the regulations and taxations required by the state of Washington as described in WAC 458-20-166 and 458-20-211, and Chapter 64.37 RCW. (Ord. 474 § 1 (Exh. A), 2021)

18.16.040 Responsible party.

The applicant or designee may be deemed the responsible party. The responsible party must be a property management company, realtor, lawyer, owner, or other individual who resides within a one-hour drive of the property. Both the applicant and the responsible party are jointly and severally liable for the failure to properly manage the rental during occupancy. The name, address and telephone number(s) of the responsible party must be submitted with the short-term rental application. (Ord. 474 § 1 (Exh. A), 2021)

18.16.050 Licensing review criteria.

The authorized STR must be properly sited, managed, and maintained. As a condition to holding a valid license, the licensee agrees to provide or arrange for adequate property management services. In determining whether or not an STR license for rental authorized under this section shall be issued, the application shall be reviewed to see if, in addition to standards and conditions applicable to issuance of all business licenses, the following conditions and standards are met:

(1) Management and Maintenance Criteria.

(a) The responsible party must be available by telephone, or otherwise, 24 hours per day, and must be able to respond to telephone inquiries about issues related to the use of the rental within 30 minutes of receipt of such inquiries. The responsible party is also designated as the agent for receiving all official communications under this title from the town of Skykomish. If the licensee is a property management company or individual other than the owner, such company or individual must comply with applicable Washington State law, which requires those who receive valuable consideration to manage property to have a state license;

(b) A Washington State Department of Revenue number and town of Skykomish STR license are required for the rental operation. This number may be the sales tax accounting number used by the property management company responsible for the property, or may be specific to the property, but no license will be effective until the sales tax number is provided;

(d) A sign must be posted conspicuously inside the rental to provide information on the following:

(i) The street address of the property;

(ii) Maximum occupancy of the property;

(iii) Twenty-four-hour contact information for the responsible party;

(iv) Contact number and address of Town Hall;

(v) Instructions for guests to please also review the property guidebook/binder for additional information about the area and rules of the property.

(e) If operating during winter months, the applicant must ensure snow removal during winter months to a level that allows safe access to the building over the normal pedestrian access to the property.

(f) If operating during the winter months, the applicant must ensure snow removal service to an off-street parking area associated with the STR so that off-street parking is at all times available for occupant use.

(g) The applicant must ensure that trash cans are not left at the curb for any period in excess of 24 hours.

(h) The property must be kept free from accumulated garbage and refuse.

(i) No outdoor display of goods and merchandise shall be permitted as part of any STR.

(j) The responsible party shall maintain a current burn permit from the Skykomish fire department for the STR property for any outdoor burning facilities.

(k) A short-term rental operator must maintain primary liability insurance in compliance with Washington State insurance requirements, as provided in RCW 64.37.050, as adopted and as hereafter amended.

(2) Land Use Criteria.

(a) No more than one STR will be allowed on any parcel of land;

(b) The STR must be located within a zone and district designated as allowing STRs for the period which the license is applied for;

(d) If the proposed STR is a single-family home and shares an access or driveway with another dwelling, written consent of the owner of the other dwelling is required;

(e) STRs may not be used for commercial uses not otherwise permitted in the zone;

(f) Unless expressly permitted under the municipal sign code, no signs will be permitted for short-term rental uses;

(g) The STR must be in conformance with the comprehensive plan and all development regulations. (Ord. 474 § 1 (Exh. A), 2021)

18.16.060 Noise and occupancy control.

The responsible party and occupants under this section are responsible for regulating the occupancy of the property and noise created by the occupants of the property. (Ord. 474 § 1 (Exh. A), 2021)

18.16.070 Suspension or revocation.

(1) Violation of the noise ordinance, violation of occupancy loads, failure to use designated off-street parking, illegal conduct, or any other abuse which violates any law regarding use or occupancy of the premises or which violates any condition of approval of an issued short-term rental license is grounds for revocation. Failure to collect and pay the Skykomish lodging tax or any other past due fees or taxes is also a violation of the license and grounds for revocation.

(2) When town administration determines that there is a reasonable basis for suspending or revoking a short-term rental license, the administrator shall notify the responsible party of the town’s intention by regular and certified mail. The notice shall state the reason for the suspension or revocation, the date it will become effective, and describe the appeal process and fee. Suspension or revocation shall become effective 14 days after the date the notice is mailed unless the responsible party, within such 14-day period, files an appeal with the town mayor, together with the appeal fee. The responsible party shall state their reason for the appeal and/or what errors are alleged to have been made by the town in making its determination. Appeals shall be heard by the town mayor, whose decision shall be final.

(3) If a license is suspended or revoked, all operation of the short-term rental use shall cease upon the effective date unless the appeal process has been initiated, in which case the suspension or revocation shall be stayed pending the outcome of the appeal. A suspended short-term rental license shall not be reinstated until the town mayor determines, in writing, that the basis for the suspension, together with any new conditions applied to the license, have been adequately addressed. If revoked, no new short-term rental license shall be issued for the property for the remaining term of the revoked license. Revocation of a license is grounds for denying any subsequent application. (Ord. 474 § 1 (Exh. A), 2021)

18.16.080 Violation and enforcement.

(1) The responsible party will be responsible for all costs associated with enforcement of the STR regulations including but not limited to any towing, reimbursement of the town for 911 calls, violation fines, legal costs and fees, and appeals fees.

(2) Any person who advertises or operates a short-term rental without a valid short-term rental license or who fails to comply with any other provision of this chapter or a condition of license approval shall be deemed to be in violation of this chapter for each day during which the business is so engaged in or carried on. Any person who fails or refuses to pay a fee required under this chapter, or any part thereof, on or before the due date shall be deemed to be operating a short-term rental without having obtained a license.

(3) Any person found to have violated any provision of this chapter shall be subject to a civil penalty not to exceed $500.00 per violation and/or suspension or revocation of an issued short-term rental license. Each day of violation shall be considered a separate offense. (Ord. 474 § 1 (Exh. A), 2021)