Chapter 17.22
VACATION RENTAL DWELLINGS
Sections:
17.22.040 Eligible dwellings and limitations.
17.22.050 Application for vacation rental approval.
17.22.060 Criteria for approval.
17.22.080 Business license required.
17.22.090 Continued compliance with this chapter.
17.22.110 Enforcement and penalty.
17.22.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
“Condominium dwelling” means a dwelling unit, established under the Horizontal Property Regimes Act of the state of Washington, owned separately from any other unit within the same building, if any, and the lot on which the building is located is owned in common by all dwelling unit owners.
“Contact information” means name, title, phone number, email and mailing address and residence address.
“Dwelling group” means two or more detached buildings, each containing one or more dwelling units on a lot, where the occupants are renters or one unit may be occupied by the lot owner.
Dwelling, Single-Family or One-Family. “Single-family dwelling” means a building containing one dwelling unit on a lot, intended for occupancy by one family which may be either the lot owner or a renter.
“Dwelling unit” means one or more habitable rooms for one family with facilities for living, sleeping, cooking, and eating.
“Family” means an individual, or two or more persons related by blood or marriage, or a group of not more than five persons who are not all related by blood or marriage, living together in a dwelling unit.
“Full-time” means at least 11 months out of the year.
“Good neighbor policy” means the city of Westport provided flyer outlining occupants’ obligations. Evidence that the good neighbor guidelines have been effectively relayed to vacation rental dwelling tenants, by incorporating it into the rental contract, including it in the rental booklet, posting it online, providing it in a conspicuous place in the dwelling unit, or a similar method is required.
“Guest house” means a detached dwelling unit without cooking facilities accessory to a single-family dwelling.
“Guest room” means any room or suite occupied for sleeping purposes by a guest or guests for compensation in which no provision is made for cooking. Every 100 square feet of gross floor area in a dormitory shall be considered a guest room.
“Neighboring property owners” means the owner of record for any adjoining properties and any other properties, in whole or in part, within 250-foot radius.
“Owner” means all persons holding an ownership interest in the property, or holding an ownership interest in the entity that owns the property.
“Parking space” means a hard surface, porous pavement, or graveled space of at least nine feet by 20 feet that is reserved for vehicle parking purposes.
“Proof of notice” means United States Postal Service certified mail with return receipt or electronic return receipt service.
“Remuneration” means compensation, money, rent or other bargained for consideration given in return for occupancy, possession or use of real property.
“Short-term” means 30 calendar days or less.
“Vacation rental dwelling” means the use of an approved vacation rental dwelling by any person or group of persons who occupies or is entitled to occupy a dwelling unit, guest room, or guest house for remuneration for a period of less than 30 calendar days, counting portions of days as full days.
“WMC” means Westport Municipal Code. (Ord. 1679 § 2, 2023)
17.22.020 Intent.
It is the intent of this chapter to:
(1) Establish appropriate regulations that mitigate the disruption that vacation rental dwellings may have in a neighborhood.
(2) Recognize the desire of some property owners to rent their dwelling on a short-term basis. (Ord. 1679 § 2, 2023)
17.22.030 Permitted zones.
A vacation rental dwelling use is a permitted use in all zoning districts that allow single-family residences as a permitted use. (Ord. 1679 § 2, 2023)
17.22.040 Eligible dwellings and limitations.
No more than one vacation rental shall be allowed on a single parcel with the exception of the mixed use tourist commercial zoning districts. Where a single parcel of property contains a combination of any of the following: single-family dwelling, guest room, guest house, or dwelling group; only one shall be eligible to function as a short-term vacation rental. However, this limitation shall not apply to condominium dwellings. (Ord. 1679 § 2, 2023)
17.22.050 Application for vacation rental approval.
An application for vacation rental use of an eligible dwelling unit must be completed and submitted to the city for review. There is an application fee of $1,500 to be submitted with the application. If compliance with the provisions of this chapter is demonstrated, an approval for a vacation rental use will be issued. A business license for a vacation rental business will not be issued by the city until an approval for vacation rental use of the dwelling has been issued. Application and inspection fees are nonrefundable. Rejected applications may be resubmitted with corrections within 30 days from initial application for $75.00 resubmission fee. (Ord. 1679 § 2, 2023)
17.22.060 Criteria for approval.
The following criteria shall be met in order for approval of a property to be authorized by the city as a vacation rental dwelling:
(1) Occupancy. Maximum occupancy of the rental shall be based on the International Building Code standards. The property owner shall be responsible for ensuring that the dwelling unit is in conformance with its maximum occupancy.
(2) Parking. At least one additional off-street parking space shall be provided for vacation rental use, in addition to all other parking required for the dwelling. Parking on site along the front property line shall not exceed 40 percent of the front-yard frontage. The number of vehicles at a vacation rental residence shall not at any time exceed the number of available parking spaces on the subject property. However, this limitation shall not apply to condominium dwellings. No unusual or excessive traffic to and from the premises is allowed.
(3) Signage. With the exception of the mixed use tourist commercial zoning district, no outdoor advertising signs related to the vacation dwelling shall be allowed on the site. All signage within the mixed use tourist commercial zoning district shall comply with the provisions of Chapter 15.16 WMC.
(4) Solid Waste and Recyclables Collection. Weekly solid waste collection is required during all months. Recyclables must also be collected biweekly at a minimum. Trash and recyclables must not be visible from public view and must be in proper closed lidded containers on collection day.
(5) Local Property Representative. The property owner must designate a local property representative who shall be available 24 hours per day, seven days per week, for the purpose of: (A) responding within 30 minutes to complaints regarding the condition, operation, or conduct of occupants of the vacation rental dwelling; and (B) taking remedial action to resolve any such complaints. The accurate and up-to-date contact information of the property owner and the local property representative shall be kept on file with the city of Westport. Additionally, a notice providing the contact information for the property owner and the local representative will be sent to all neighboring property owners, including unimproved and vacant lots. If the local representative changes, the owner of the vacation rental property shall be required to send out new notices to all neighboring property owners, including unimproved and vacant lots, within 30 days. Proof of notice must be submitted to city. An owner may act as their own local property representative.
(6) Informational Signage. Signage shall be posted conspicuously inside the dwelling to provide the property’s permit number, street address, information on maximum occupancy, applicable noise and use restrictions, location of off-street parking, contact information for the property owner and/or local property representative, tsunami evacuation routes, property evacuation map, direction that trash and recycling shall not be stored within public view, except within proper lidded containers for the purpose of collection, the renter’s responsibility not to trespass on private property or to create disturbances, prohibition on the use or possession of fireworks, fire restrictions, the “good neighbor policy” indicating that the renter is responsible for complying with this chapter and that the renter and/or owner may be cited or fined by the city for violating any provisions of the municipal code.
(7) Restrictions on Use. A renter may not use a vacation rental dwelling for a purpose not incidental to its use for lodging or sleeping purposes. This restriction includes using the rental for a wedding, banquet, reception, bachelor or bachelorette party, concert, fundraiser, sponsored event, or any similar group activity.
(8) Insurance. The property owner shall maintain on file at the city an up-to-date certificate of insurance documenting that the dwelling is insured as a short-term or vacation rental dwelling.
(9) Inspection. The property owner or local property representative shall maintain on file at the city an up-to-date certificate of inspection documenting that the dwelling complies with the provisions for transient accommodations in the International Building Code as adopted by the city and shall obtain an appropriate certificate of occupancy. It shall be the responsibility of the property owner to schedule and pass an annual safety inspection.
(10) Owners. The application must include the names, mailing addresses, electronic mail addresses, and telephone numbers of all persons holding an ownership interest in the property, or holding an ownership interest in the entity that owns the property.
(11) Advertisement. The vacation rental dwelling permit number and “good neighbor policy” flyer or verbiage shall be included on all vacation rental dwelling advertisements.
(12) Other Standards. The vacation rental dwelling shall meet all applicable requirements of the zone in which it is located, including but not limited to setbacks, maximum height, and lot coverage standards.
(13) Compliance With City Ordinances. All short-term or vacation rental dwellings must comply with all city codes and ordinances, including but not limited to Chapter 9.60 WMC, Noise. (Ord. 1679 § 2, 2023)
17.22.070 Waiver.
The city administrator or designee shall have the right to waive compliance with any provision of WMC 17.22.060 if there are circumstances unique to the subject property that make compliance extremely difficult. A written waiver shall only be issued if it will not result in the harm of adjacent properties. (Ord. 1679 § 2, 2023)
17.22.080 Business license required.
Vacation rental dwellings shall meet all local and state regulations, including those pertaining to business licenses and state and municipal taxes. (Ord. 1679 § 2, 2023)
17.22.090 Continued compliance with this chapter.
A city approved vacation rental dwelling shall be in compliance with the standards of WMC 17.22.060 and 17.22.080 at all times, or have been issued a written waiver in accordance with WMC 17.22.070, or shall be subject to the provisions of WMC 17.22.110. (Ord. 1679 § 2, 2023)
17.22.091 Annual renewal.
A vacation rental dwelling permit may be renewed if the owner and local property representative meet the renewal requirements including: paying the renewal fee, having been deemed by the city to be in substantial compliance with the provisions of the WMC for the past year, providing written confirmation of all complaints and their resolutions related to the operation of the vacation rental dwelling raised by neighboring residents and property owners during the preceding 12 months were resolved, verification that the required taxes have been remitted to the Washington State Department of Revenue and the city of Westport for property covered by the renewal application, documenting and describing any changes that have occurred to the property or information on the vacation rental dwelling application. All vacation rental dwellings must have an approved permit or renewal to operate. (Ord. 1679 § 2, 2023)
17.22.100 Nontransferability.
A vacation rental dwelling approval is issued to a specific owner of a dwelling. If the property owner sells or transfers the real property, the new owner shall apply for and must receive a vacation rental dwelling approval from the city before using the dwelling as a vacation rental. (Ord. 1679 § 2, 2023)
17.22.110 Enforcement and penalty.
This chapter may be enforced by any authorized representative of the city including, but not limited to, the chief of police, building inspector, code enforcement official, city administrator, or designee. The city may press charges against the property owner, owner’s agent, local property representative and/or the occupants. The first violation of this chapter, per property, per violation type (i.e., noise, parking, etc.) in a 12-month rolling period may be considered a warning. The second violation per property, per violation type shall be punishable by a $250.00 fine. The third and each additional violation of this chapter (per property) within a 12-month rolling period shall be punishable as a $500.00 fine, a criminal misdemeanor and/or suspension or revocation of an issued vacation rental dwelling permit. Each day of violation shall be considered a separate offense. Penalties under this section shall be deemed to be separate from any other applicable penalty provisions including permit, license, and tax penalties.
Failure to provide accurate contact information, failure to keep the contact information current, failure to respond in a timely manner to complaints, or the occurrence of repeated complaints and/or violations may result in the suspension or revocation of approval and/or civil or criminal penalties. (Ord. 1679 § 2, 2023)
17.22.120 Severability.
If any term or provision of this chapter or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this chapter or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect. (Ord. 1679 § 2, 2023)
17.22.130 Fees.
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New application fee: |
$1,500 |
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Inspection fee: |
$50.00 |
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Resubmission within 30 days for denied application: |
$75.00 |
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Renewal application: |
$250.00 |
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Reinspection fee: |
$150.00 (after first inspection and within 14 calendar days) |
(Ord. 1679 § 2, 2023)