Chapter 11.88
SUPPLEMENTARY PROVISIONS AND ACCESSORY USES

Sections:

11.88.010    General regulations.

11.88.020    Concurrency.

11.88.030    Livestock.

11.88.040    Setback provisions.

11.88.045    Lot coverage exemption.

11.88.050    Public transit development.

11.88.060    Unsuitable land.

11.88.070    Ingress, egress and driveway requirements.

11.88.080    Light and glare.

11.88.090    Clear view triangle.

11.88.100    Inoperable vehicles.

11.88.110    Electric vehicle charging stations.

11.88.120    Exception to building height limitation.

11.88.130    Irregular-shaped lots.

11.88.140    Projections from buildings.

11.88.150    Verification of adequate provisions for domestic water and sewage disposal.

11.88.155    Location of wellhead protection and sanitary control areas.

11.88.160    Manufactured housing.

11.88.170    Accessory uses and structures.

11.88.175    Caretaker dwelling units.

11.88.190    Construction hours in and near residential areas.

11.88.200    Accessory dwelling unit.

11.88.210    Bed and breakfast.

11.88.220    Developed open space.

11.88.230    Home occupations.

11.88.240    In-home daycare.

11.88.250    Low impact public facility.

11.88.260    Roadside stand/winery/nursery/ value-added operation less than one thousand five hundred square feet of retail space.

11.88.270    Model homes.

11.88.280    Yurts.

11.88.290    Short-term rental regulations.

11.88.010 General regulations.

(1) Except as specifically provided in this title, only one primary residential structure per lot is allowed in those zones that permit residential uses.

(2) Riparian habitat restoration/rehabilitation projects by an agency whose mandate includes such work which is unassociated with the mitigation of a specific development proposal shall be exempt from the provisions of this title. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.020 Concurrency.

No development permit requiring approval under this title shall be approved without a written finding that:

(1) After the opportunity for review and comment, all providers of water, sewage disposal, schools, and fire/police protection serving the development have issued a letter that adequate capacity exists or arrangements have been made to provide adequate services for the development, concurrently with the demand for such services and facilities.

(2) No county facilities will be reduced below adopted levels of service as a result of the development. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2007-98 (part), 7/2/07: Res. 2007-53 (part), 3/27/07; Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.030 Livestock.

(1) A fence adequate to contain the animals shall be maintained at all times.

(2) Animal Densities.

(A) Inside a county urban growth area:

(i) Lots less than one acre:

(a) No livestock.

(b) Four poultry, rabbits or other similarly sized animals, excluding roosters.

(c) Two pot belly pigs.

(ii) Lots one acre or greater:

(a) One head of livestock per acre, including cattle, bison, sheep, goats, swine, horses, mules, llamas, ostriches and other like animals.

(b) Twelve poultry, rabbits or other similarly sized animals per acre.

(c) Two pot belly pigs.

(B) Outside an urban growth area:

(i) Lots less than one-half acre:

(a) No livestock.

(b) Twenty-four poultry, rabbits or other similarly sized animals excluding roosters.

(c) Two pot belly pigs.

(ii) Lots one-half acre or greater, but less than five acres:

(a) One head of livestock per one-half acre, including cattle, bison, sheep, goats, swine, horses, mules, llamas, ostriches and other like animals.

(b) Twenty-four poultry, rabbits or other similarly sized animals per one-half acre. Roosters are limited to one per half-acre.

(c) Two pot belly pigs.

(iii) Lots five acres or greater:

(a) Four head of livestock per acre, including cattle, bison, sheep, goats, swine, horses, mules, llamas, ostriches and other like animals.

(b) Twenty-four poultry, rabbits or other similarly sized animals per one-half acre. Roosters are limited to two per acre.

(c) Two pot belly pigs.

(3) All structures for the housing of small stock (chickens, rabbits and similarly sized animals) must be located at least fifteen feet from any property line.

(4) All structures for the housing of all other livestock must be located at least twenty-five feet from any property line.

(5) The property shall be maintained in a clean, sanitary condition so as to be free from offensive odors, fly breeding, dust and general nuisances and shall be in compliance with health district regulations.

(6) Adequate measures shall be taken to properly dispose of animal wastes. Accumulations of animal waste shall be prohibited from being stored closer than one hundred feet from any off-premises dwelling, surface water, and any domestic or irrigation well. Waste from swine shall be prohibited within two hundred feet of any surface water and domestic or irrigation well.

(7) Pastures shall be maintained with a permanent, uniform vegetative top cover and shall be kept free of noxious weeds. (Res. 2021-139 (Att. A), 12/7/21; Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2018-8 (Att. A) (part), 1/30/18; Res. 2007-98 (part), 7/2/07: Res. 2005-66 (part), 6/28/05: Res. 2003-07 (part), 1/21/03; Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.040 Setback provisions.

(1) A zero-foot setback from property lines is allowed for bus shelters and related transit amenities.

(2) Reduction of Front Yard Setback Requirements Due to Slope. Front yard setback requirements may be reduced under the following conditions; see Graphics G-1A and G-1B in Appendix A:

(A) The front yard requirement may be reduced to twenty feet from the street right-of-way or fifty feet from the street centerline, whichever distance is greater, when the average natural slope is fourteen percent or greater, as calculated within the area defined by the width of the proposed structure, projected out to the front property line, and within the first fifty feet of lot depth;

(B) The front yard requirement may be reduced to fifteen feet from the street right-of-way or forty-five feet from the street centerline, whichever distance is greater, when the average natural slope is twenty-five percent or greater, as calculated within the area defined by the width of the proposed structure, projected out to the front property line, and within the first fifty feet of lot depth;

(C) The front yard requirement may be reduced to twelve feet from the street right-of-way or forty-two feet from the street centerline, whichever distance is greater, when the average natural slope is fifty percent or greater, as calculated within the area defined by the width of the proposed structure, projected out to the front property line, and within the first fifty feet of lot depth; and

(D) If the front yard requirement is to be reduced under the conditions specified in this section (slope reduction) only, all driveways and entrances to garages and carports shall be parallel or nearly parallel to the street. The purpose of this regulation is to avoid backing of vehicles directly onto the street and to allow vehicles to be completely outside the structure before entering the street where sight distance may be limited due to slope; see Appendix Graphics G-1A through G-1C.

(3) Regardless of side and rear yard requirements of the district, a side or rear yard may be reduced to five feet for an accessory structure erected more than sixty feet from streets, other than alleys, provided the structure is located ten feet or greater from any other building.

(4) Accessory structures may be built within a required rear yard; provided, that structures do not occupy more than fifty percent of the rear yard area; and provided, that the rear yard does not abut upon any street other than an alley.

(5) If dwellings are present on both adjoining lots, each with a required front yard less than the required size for the district, the front yard for the lot may be reduced to the average distance of the two adjoining lots.

(6) Lots with street frontage on two opposite sides shall maintain front yard setbacks on both street frontages.

(7) Setbacks from easements shall be maintained as follows:

(A) Setbacks from ingress/egress easements shall be a minimum of five feet from the edge of the easement, except retaining walls which may be permitted within the setback and within the easement, with the signature of affected property owners. The director shall have the authority to grant administrative modification from the minimum five-foot setback requirement as follows:

(i) The setback requirement may be adjusted pursuant to a reasonable use determination using the criteria from Section 11.98.020(5). However, in no case shall the setback be reduced below two feet.

(ii) The setback requirement may vary subject to condition of a prior subdivision approval.

(iii) The setback requirement may vary subject to the nonconformity provisions of this title.

(iv) No existing structures will be deemed nonconforming due to the adoption of this code amendment.

(B) For all easements, Chelan County assumes no liability whatsoever for the existence, status, location, nor nature of said easements.

(8) No dwelling unit adjacent to the commercial agricultural zoning district shall be placed within one hundred feet of a property line, including those across a right-of-way. The entire width of any public right-of-way may be used as part of the setback area. However, in no case shall the setback from a public right-of-way be less than fifty-five feet from centerline or twenty-five feet from the front property line, whichever is greater; see Graphic G-2 in Appendix A.

(9) Where a project proposal is within ten percent of meeting the established minimum requirements for setback areas within the applicable zoning district, said proposal may be authorized by the administrator through a limited administrative review process identified in Title 14, subject to the following:

(A) No reasonable alternative exists, as determined by the administrator based on the following:

(i) Topographic issues.

(ii) Unique physical characteristics.

(iii) Existing permitted structure(s) on the project site. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2018-8 (Att. A) (part), 1/30/18; Res. 2014-38 (Atts. A, B) (part), 4/15/14; Res. 2011-110 (Att. A), 11/29/11; Res. 2011-86 (Att. A) (part), 10/4/11; Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07: Res. 2003-95, 7/22/03; Res. 2002-8 (part), 1/15/02: Res. 2001-60 (part), 4/17/01).

11.88.045 Lot coverage exemption.

Where a project proposal is within ten percent of meeting the established minimum requirements for lot coverage within the applicable zoning district, except within the planned unit development overlay district (PDD), said proposal may be authorized by the administrator through a limited administrative review process identified in Title 14; subject to the following:

(1) No reasonable alternative exists, as determined by the administrator based on the following:

(A) Topographic issues.

(B) Unique physical characteristics.

(C) Existing permitted structure(s) on the project site. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2011-86 (Att. A) (part), 10/4/11).

11.88.050 Public transit development.

Property owners and/or developers of proposed developments requiring a development permit required under this title and located within the LINK transit service area which generate two hundred average daily trips or twenty peak hour vehicle trips or greater, as determined by the county engineer, shall negotiate with the public transit authority for the provision of facilities to address the impacts associated with the development as it relates to providing public transit in compliance with Title 15. Improvements may include, but are not limited to, bus shelters, pull-outs, transit stops and/or other necessary facilities to offset transportation system impacts of the development. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.060 Unsuitable land.

Land which is determined to be unsuitable for the development of all permitted, accessory, administrative or conditional uses as defined by this title due to the potential failure to adequately mitigate life, health and safety issues shall not be developed unless the developer formulates adequate safeguards that are approved by the administrator or the appropriate hearing body. The safeguards shall be based on technical data and/or professional review as deemed necessary by the administrator or appropriate hearing body and in conformance with the critical area regulations contained in this title. If no adequate safeguards are available, the unsuitable land area shall be retained for agricultural, forestry, or open space purposes and properly redesigned as such in the next amendment of the comprehensive plan. Land can only be declared unsuitable through a resolution adopted by the board of Chelan County commissioners. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.070 Ingress, egress and driveway requirements.

(1) In all districts, driveway and roads standards contained in Chapter 15.30 shall apply for all development permits requiring approval under this title.

(2) An applicant for a development permit under this title shall obtain a driveway/access approach permit from the county engineer, pursuant to Chapter 8.60, or the Washington State Department of Transportation, except instances where vehicular access is not required for the development permit, such as docks and piers or structures located on properties not accessed by motor vehicles. Other exceptions may be listed in Section 8.60.030, Applicability.

(3) An applicant for a development permit under this title shall dedicate, when determined necessary by the county, right-of-way in conformance with the provisions contained in Chapter 15.30 and RCW 82.02.020.

(4) All uses requiring approval of a development permit under this title shall abut on or be accessed by a public or private road meeting the standards outlined in Chapter 15.30. Primitive and U.S. Forest Service roads are not considered adequate access for these purposes, except as provided below:

(A) The following uses can be allowed for property with access by a primitive road or U.S. Forest Service roads:

(i) Single-family residences;

(ii) Single-family accessory buildings;

(iii) Agricultural operational buildings;

(iv) Essential public facilities;

(v) Developed open space;

(vi) Passive recreation including nature trails, picnicking, sight-seeing, horseback riding, and necessary associated amenities, such as playground equipment, picnic shelters, equipment storage, signage, parking areas, restroom facilities;

(vii) Two lot short plats are allowed off a primitive road as long as the projected AADT is less than one hundred.

(B) All uses or development with access by a U.S. Forest Service road shall require proof of access from the U.S. Forest Service.

(C) As a condition precedent for granting any permit for a use or development with access by a primitive road, the applicant shall sign and record with the county auditor a notice to title setting forth that the applicant and applicant’s successors waive all objection to formation of a road improvement district for improvement of the primitive road when the county engineer determines that the average annual daily traffic upon the primitive road exceeds one hundred. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2018-8 (Att. A) (part), 1/30/18; Res. 2010-68 (part), 7/13/10; Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.080 Light and glare.

Parking lot lights, security lights, or any exterior lighting shall be low-intensity, nonflashing and designed to project toward the property or shall be shielded to keep light from directly projecting over property lines. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.090 Clear view triangle.

(1) All corner lots at unsignalized (traffic signal) street intersections or railroads shall maintain, for safety vision purposes, a clear view triangle. The triangle shall consist of the area bounded by the centerlines of the intersecting streets extending along the centerlines for a distance of eighty feet from the intersection and a straight line connecting the ends of these two lines; provided, that each of the intersecting streets extend at least one hundred feet from the point of intersection.

(2) Nothing within the clear view triangle shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between the heights of three feet and ten feet above grade of centerline. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.100 Inoperable vehicles.

(1) No more than three hulk or abandoned vehicles, as defined by Title 9, or derelict vehicles and trailers, or parts thereof, shall be stored on a parcel or lot. Said vehicles and trailers, or parts thereof, shall be removed at the property owner’s expense within fourteen days of official notification. This shall include vehicles and trailers parked on private property, and streets, roads or rights-of-way within public view. If fourteen days after official notification the vehicles are not removed, the inoperable vehicle(s) or equipment may be removed by the county, at the owner’s expense.

(2) Property owners, or owners of derelict, inoperable or abandoned vehicles and trailers shall have the right to retain the above if contained in an enclosed structure, or if visually screened from public roads or private roads open to public use or surrounding property. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.110 Electric vehicle charging stations.

(1) Electric vehicle charging stations and related infrastructure are permitted if located within one thousand feet of urban or rural collector roads, as defined in Section 15.30.220, or a state highway and in compliance with the following:

(A) Electric charging stations shall provide a parking stall using the size requirements defined in Table 11.90-4; and

(B) Electric charging station stalls shall be designated by vertical signage identifying the station as an electric vehicle charging station and indicating that it is only for electric vehicle charging. The signage must be consistent with the Manual on Uniform Traffic Control Devices, as adopted by the Department of Transportation under RCW 47.36.030. Additionally, the electric vehicle charging station must be indicated by green pavement markings. Additional signage may be permitted to inform and direct the public to the station.

(2) Parking spaces designated for electric vehicle charging may be included in the calculation of the off-street parking requirements, as defined in Section 11.90.060. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2017-119 (Att. B) (part), 12/19/17).

11.88.120 Exception to building height limitation.

The following types of structures or structural parts are not subject to the building height limitations of this title: aerials, belfries, chimneys, church spires, cupolas, domes, fire and hose towers, flagpoles, monuments, observation towers, radio, communication and television towers, smoke stacks, water towers, windmills and other similar projections. None of these exemptions, except chimneys, shall be used for or attached to residential structures. (Res. 2021-140 (Att. A), 12/7/21; Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2015-73 (Atts. A, B) (part), 8/4/15: Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.130 Irregular-shaped lots.

(1) In the case of a triangular shaped lot, the rear lot line shall be parallel to and at the maximum distance from the front lot line, see Appendix A, Graphics G-3.

(2) In the case of “panhandle,” “flag” or other irregularly shaped lots, the front yard setback shall be measured at the nearest point from the front lot line where the lot meets the minimum width for the zoning district in which it is situated, see Appendix A, Graphics G-3.

(A) The administrator may reduce the front yard setback to ten feet for “flag” lots where one or more of the following conditions are present:

(i) Where lot width cannot be met, front lot line shall be determined by the administrator.

(ii) Where lot depth is less than one hundred feet, as measured from the required lot width to the rear property line.

(iii) Where topographical or other critical area requirements limit the building area. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2014-38 (Atts. A, B) (part), 4/15/14: Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07: Res. 2002-105 (part), 7/16/02: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.140 Projections from buildings.

(1) Cornices, eaves, gutters and sunshade features may not project more than two feet into a required yard setback.

(2) Projections for foundation support, such as attached wing-walls, landscape walls, or similar structures, may project into the required yard setback but shall not project into any critical area (including shoreline) or associated buffer or cross property lines. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2014-38 (Atts. A, B) (part), 4/15/14: Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.150 Verification of adequate provisions for domestic water and sewage disposal.

No building or structure to be used for human habitation or commercial enterprise shall be erected, nor shall any such building or structure be moved, altered, enlarged or rebuilt, unless the building or structure has adequate provisions for domestic water supply and sewage disposal. Approval of septic system requires two steps from the Chelan-Douglas Health District: first, design approval prior to building permit issuance and second, construction approval prior to certificate of occupancy of the building or structure. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2018-8 (Att. A) (part), 1/30/18: Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.155 Location of wellhead protection and sanitary control areas.

The wellhead protection or sanitary control area or zone is governed by the Chelan Douglas Health District. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2014-38 (Atts. A, B) (part), 4/15/14).

11.88.160 Manufactured housing.

Manufactured and mobile housing shall be permitted as a single-family dwelling unit in all districts allowing residential uses when placed in accordance with the manufacturer’s setup manual and Chapter 3.12. Uninstalled manufactured and mobile homes, or buildings from other sites, may only be stored on a property while building and development permits are being processed and issued for that structure’s installation on that property, except storage of the structure on a manufactured home sales lot. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2018-8 (Att. A) (part), 1/30/18: Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07: Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.170 Accessory uses and structures.

Accessory uses are permitted upon compliance with the terms and provisions of this title. They must be clearly secondary to, supportive of, and must be compatible with the principal use(s) and consistent with the purpose and intent of the zoning district:

(1)(A) Fences shall be erected and maintained to a height not to exceed six feet in the side or rear yard area and four feet in the front yard, except on corner lots.

(B) Fences for public facilities, utilities, industrial, agricultural and commercial uses may be erected and maintained to a height not to exceed eight feet in the side or rear yard area and four feet in the front yard, except on corner lots.

(C) On corner lots, all fences located in the building setback for either street shall not exceed four feet, except where superseded by a clear view triangle (Section 11.88.090) which limits height to three feet.

(D) Fences outside of the building setback or required yard areas do not have a height restriction.

(E) All fences over six feet (or as required by the International Building Codes) require a building permit.

(2) Swimming pools shall not be located within a required front yard setback area. Additionally, pools must be in compliance with the International Swimming Pool and Spa Code, current edition;

(3) In any district that permits single-family residences, freestanding decks shall have a maximum height of thirteen feet;

(4) In any district that permits single-family residences, the renting of rooms to not more than two boarders, roomers, or lodgers is permitted as an accessory use;

(5) Dwellings may be located on upper floors of commercial structures in commercial districts;

(6) Temporary occupancy of not more than two recreational vehicles per lot for a time period of not more than ten days during any sixty-day period is permitted, provided each unit is parked on an off-street parking space outside of any required front or side yard and no rental fees are charged;

(7) In all zoning districts that permit the handling and processing of hazardous wastes, on-site waste treatment facilities shall be permitted as an accessory use; provided, that such facilities meet the state siting criteria adopted pursuant to Chapter 70.105 RCW;

(8) Temporary agricultural worker housing (occupied on a seasonal basis) shall be permitted when consistent with zoning;

(9) Permanent agricultural worker housing (occupied year-round) shall be permitted; provided, that the following conditions are met:

(A) The dwelling units are subject to all applicable building and health regulations;

(B) The structures shall be compatible with surrounding land uses and where necessary shall include increased setbacks from property lines, landscaping, buffering or design provisions as determined by the administrator;

(C) The dwelling units are to be used to house agricultural workers and their families who are employed in agricultural operations on the premises or a site adjacent to the agricultural operation. A covenant shall be recorded in a form acceptable to the county that the permanent agricultural worker housing is exclusively for the use of agricultural workers and their families;

(D) The total number of dwelling units shall not exceed the density of the district, excluding the primary residence;

(E) One parking space per residential unit, not within a required yard setback, shall be provided.

(10) Vehicle and Other Storage.

(A) Outside storage shall be maintained in an orderly manner and shall create no fire, safety, health or sanitary hazard;

(B) Required front yard areas shall not be used for storage;

(C) Commercial/Industrial Storage. Every reasonable effort shall be made by persons operating a business to store all such materials within an enclosed building with the following exceptions:

(i) Where inside storage is not practical or desired for reasons related to health, fire or safety codes;

(ii) Where outside storage of merchandise is a normal and standard practice;

(D) Uninstalled mobile/manufactured homes or buildings from other sites, see Section 11.88.160;

(E) Vehicles. Unless addressed within a municipal urban growth area, no more than a combined total of five cars, boats, trucks or recreational vehicles per dwelling unit may be stored outside of an enclosed building on any lot, with no more than three of the five being inoperable vehicles regulated under Section 11.88.100. An exemption to this provision is the storage of operable agricultural equipment used for agricultural purpose.

(F) Placement of Temporary Storage Containers:

(i) Zoning Districts. Temporary storage containers on rural residential zoned property are permitted only for the purpose of storage of household goods or personal items during construction of the permanent residence.

(ii) Duration. During construction on a lot or parcel pursuant to a valid building permit.

(iii) Size. No greater than two hundred eighty-eight square feet total.

(iv) Removal. Temporary storage containers must be removed prior to final building inspection or the issuance of a certificate of occupancy for the permanent residence.

(11) Governing Standards.

(A) An accessory structure shall meet the dimensional standards of the district in which it is located, except as modified by this chapter.

(B) Accessory structures shall not be used as a dwelling unit, defined by the IRC, unless allowed under this title.

(C) Regardless of side and rear yard requirements of the district, a side or rear yard may be reduced to five feet for an accessory structure erected more than sixty feet from streets, other than alleys, provided the structure is located ten feet or greater from any other building.

(D) Accessory structures may be built within a required rear yard; provided, that structures do not occupy more than fifty percent of the rear yard area; and provided, that the rear yard does not abut upon any street other than an alley.

(E) Accessory buildings shall not exceed the building height limitation set forth in the applicable zoning district, except for barns and similar agricultural buildings shall not exceed fifty feet in height. (Res. 2021-139 (Att. A), 12/7/21; Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2014-38 (Atts. A, B) (part), 4/15/14; Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07: Res. 2002-105 (part), 7/16/02; Res. 2001-60 (part), 4/17/01: Res. 2000-129 (part), 10/17/00).

11.88.175 Caretaker dwelling units.

Where permitted in Section 11.04.020, District use chart, caretaker dwelling units may be placed subject to the following standards:

(1) Dwelling units floor area shall be equal to or less than one thousand two hundred square feet.

(2) One additional structure may be permitted for a garage and or storage when equal to or less than three hundred square feet. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2011-86 (Att. A) (part), 10/4/11).

11.88.190 Construction hours in and near residential areas.

No construction activity shall be permitted within one thousand feet of an occupied residence between the hours of ten p.m. to seven a.m. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2018-8 (Att. A) (part), 1/30/18: Res. 2007-98 (part), 7/2/07: Res. 2003-07 (part), 1/21/03).

11.88.200 Accessory dwelling unit.

Accessory dwelling units shall meet the following criteria:

(1) There shall be no more than one accessory dwelling unit per lot in conjunction with a single-family dwelling unit.

(2) An accessory dwelling unit may be attached to, created within, or detached from a new or existing single-family dwelling unit.

(3) The accessory dwelling unit will require one parking space, which is in addition to any off-street spaces required for the primary residence.

(4) The floor area of the accessory dwelling unit may be attached to, created within, or detached from a new or existing single-family dwelling unit; provided, that the floor area of an accessory dwelling shall not exceed one thousand two hundred square feet. Excluded from the calculation of the allowed floor area are the following: garages, and any space subservient to the primary garage use (e.g., storage, mechanical, bathroom, utility room), carports, stairwells and uncovered decks.

(5) The property owner (which shall include title holders and contract purchasers) shall occupy either the primary unit or the accessory unit as their permanent residence.

(6) No recreational vehicle shall be considered an accessory dwelling unit.

(7) A common driveway servicing both the existing or new single-family dwelling unit and the accessory dwelling unit shall be used to the greatest extent possible.

(8) Both the titleholder and the director of the Chelan County community development department shall sign a notice to title. Said notice to title shall be notarized, and be recorded by the Chelan County auditor for the property prior to building permit issuance stating:

The separate sale or division of the accessory dwelling unit from the single-family dwelling unit is prohibited, unless all standards in zoning and subdivision can be met. This covenant is intended to run with the land burdening and benefiting the parties’ successors and assigns.

(Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2015-73 (Atts. A, B) (part), 8/4/15; Res. 2011-86 (Att. A) (part), 10/4/11: Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07).

11.88.210 Bed and breakfast.

Bed and breakfast operations may have three or less lodging units for rent and shall meet the following criteria:

(1) Bed and breakfast facilities shall meet all applicable health, fire safety and building codes and shall be operated so as to not give appearance of being a business, and those facilities shall not infringe upon the right of neighboring residents to peaceful occupancy of their home.

(2) The bed and breakfast facility shall be the principal residence of the operator.

(3) Signage shall be in accordance with Chapter 11.92.

(4) Driveways accessing a bed and breakfast which are greater than one hundred fifty feet in length shall have an improved width of at least twelve feet with appropriately spaced cutouts to facilitate the passage of two vehicles traveling in opposite directions.

(5) One off-street patron parking space in addition to the residential parking requirements, not located within a setback, shall be provided for each lodging unit rented.

(6) The administrator may impose other conditions, such as additional parking, improved access, landscaping or screening, found necessary to protect the best interests of surrounding properties or the neighborhood due to the nature or character of the site or the facility. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07).

11.88.220 Developed open space.

(1) Developed open space normally is considered a permitted use with the following criteria:

(A) Lighting shall be directed away from adjoining residential zones.

(B) Hours of operation shall be established for a proposed nighttime use. The administrator may impose hours of operation for other uses.

(C) The administrator may require fencing, screening and/or landscape buffers to screen outside storage or any other conditions to mitigate any adverse impact to surrounding property. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2014-38 (Atts. A, B) (part), 4/15/14: Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2007-98 (part), 7/2/07).

11.88.230 Home occupations.

The following minimum conditions shall apply to home occupations:

(1) Not over twenty-five percent of the entire floor area of the dwelling is to be used for the home occupation.

(2) The home occupation is to be secondary to the main use of the dwelling as a residence.

(3) Not more than one person outside the resident family shall be employed in the home occupation.

(4) Signage shall be in accordance with Chapter 11.92.

(5) No entrance to the space devoted to the home occupation other than from within the dwelling shall be allowed except when otherwise required by law.

(6) There shall be no exterior display or storage of materials.

(7) There shall be no stock in trade nor quantity kept for sale which is not produced on the premises, except storage of stock and commodities kept primarily for off-premises sales which is stored entirely indoors, and items which are accessory to the product or services produced on the premises may be allowed.

(8) No materials or mechanical equipment shall be used which will be detrimental to the residential use of the residence or adjoining residences because of vibration, noise, dust, smoke, odor, interference with radio or television reception, or other factors.

(9) No materials or commodities shall be delivered to or from the residence which are of such bulk or quantity as to require delivery by commercial vehicles having more than two axles.

(10) Home occupations may be conducted in an accessory building; provided, that at least two parking spaces other than those required for the dwelling are provided, and that the use of only one building of not more than five hundred square feet shall be allowed. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2007-98 (part), 7/2/07).

11.88.240 In-home daycare.

In-home daycare shall meet the following criteria:

(1) Care, supervision and guidance is provided for a child or group of children up to twelve years of age or under for a period of greater than four hours, but less than twenty-four hours per day where the facility meets all state and local licensing requirements.

(2) The daycare shall be for the care of twelve or fewer children. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2007-98 (part), 7/2/07).

11.88.250 Low impact public facility.

(1) The minimum lot size in the district where a public facility structure is located may be waived on a finding that the waiver will not result in noise or other detrimental effects on adjacent properties.

(A) When the minimum lot size is waived, a note shall be placed on the face of the plat that states that the parcel is not a building site other than for the permitted public facility use. The requirement for verification of adequate provision for water and sewage may be waived.

(B) When the minimum lot size is waived, a notice to title shall be recorded with the Chelan County auditor stating that the parcel is not an allowable building site other than for the permitted public facility use.

(2) Adequate ingress and egress to the site shall be provided pursuant to Title 15.

(3) If the use involves outside storage, the use shall be enclosed in a view-obscuring fence or total view-obscuring landscape buffer.

(4) Lighting shall be directed away from any adjacent residential district.

(5) If the use requires parking, said parking shall be in accordance with Chapter 11.90.

(6) The hearing examiner may impose any additional requirements as may be necessary to mitigate negative impacts created by the use. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2007-98 (part), 7/2/07).

11.88.260 Roadside stand/winery/nursery/ value-added operation less than one thousand five hundred square feet of retail space.

(1) Wineries less than one thousand five hundred square feet of retail space, including decks, patios or terraces associated with the retail use are limited to the small-scale processing and sale of wine or spirits, wine tasting, incidental and/or accessory food and beverage service, and limited sale of ancillary items related to the winery and its products, subject to the following conditions:

(A) The applicant shall submit a site design plan which addresses and mitigates, if necessary, the impacts of the facility. Such issues may include, but are not limited to, parking, noise, lighting, odor, drainage, and traffic impacts.

(B) The use shall adhere to all applicable building, fire safety and health codes, and all zoning restrictions of the district in which it is located.

(C) The administrator may impose other conditions, such as additional parking, noise, increased setbacks, improved access, landscaping or screening, found necessary to protect the best interests of surrounding properties or the neighborhood due to the nature or character of the site of the facility.

(D) Incidental and/or accessory uses shall consist of no more than twenty percent of the overall allowed retail space.

(2) Roadside stands, nurseries, and value-added operations with less than one thousand five hundred square feet of retail space shall be permitted, provided the following criteria are met:

(A) The use shall be located on a site with a bona fide agricultural operation.

(B) A minimum of seventy-five percent of the products sold shall be produced within the local area.

(C) Ingress and egress shall be approved by the county engineer and/or WSDOT if appropriate.

(D) The use shall adhere to all applicable building, fire safety, health codes, and all zoning regulations of the district in which it is located.

(E) Promotional items advertising the agricultural business may be sold concurrently with the sale of on-site produced agricultural products.

(F) Other related uses, such as, but not limited to, value-added operations, farm stays and U-pick/Rent-A-Tree operations may be allowed; provided, that these uses are accessory to the roadside stand/nursery and that any required criteria for these uses are met.

(G) Food service may be allowed as part of the value-added operation; provided, that the primary focus of the food service is the agricultural product grown on-site.

(H) The administrator may impose other conditions, such as additional parking, increased setbacks, improved access, landscaping or screening, found necessary to protect the best interests of surrounding properties or the neighborhood due to the nature or character of the site of the facility. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2009-122 (Exh. A) (part), 11/3/09: Res. 2008-141 (part), 10/7/08; Res. 2007-98 (part), 7/2/07).

11.88.270 Model homes.

Model homes may be placed on land divisions which have received preliminary approval when consistent with Chapter 12.02. (Res. 2020-68 (Exh. B) (part), 6/16/20: Res. 2018-8 (Att. A) (part), 1/30/18).

11.88.280 Yurts.

The use of a yurt that meets the following criteria may be allowed as a single-family residence when consistent with the following:

(1) Shall be placed on a permanent foundation or pad;

(2) Is not a camping unit or recreational vehicle as defined in Chapter 14.98;

(3) Meets the current building code and Chelan-Douglas Health Department requirements. (Res. 2020-68 (Exh. B) (part), 6/16/20).

11.88.290 Short-term rental regulations.

(1) Purpose.

(A) Short-term rental use is a commercial use. Where excess rental units exist in residential communities, it has been shown to be detrimental to the affordable residential housing inventory and adversely affect the residential character of those neighborhoods.

(B) The purpose of this section is to establish regulations for the operation of short-term rentals as defined in Chapter 14.98, within the unincorporated portions of Chelan County, except short-term rental properties within the Stehekin Valley area portion of Chelan County. This chapter also establishes a short-term rental land use permit.

(i) Stehekin Valley Short-Term Rental Code Development. Stehekin Valley is a remote portion of Chelan County accessible by only horse, foot, water, and air travel. It also lacks modern communication and power infrastructure and has other comprehensive planning, infrastructure, economic, natural resource, and other land ownership and land use considerations. Because of these and other considerations, an additional public process will be needed to specifically develop regulations applicable to short-term rentals in this location. That code will be developed at a later date.

(C) The provisions of this chapter are necessary to promote the public health and safety by protecting year-round residents’ enjoyment of their homes and neighborhoods by minimizing the nuisance impact of short-term rentals on adjacent residences and by minimizing the detrimental impact of excessive short-term rentals on the affordable housing supply.

(D) The provisions of this chapter are necessary for consistency with the goals and policies of the Chelan County comprehensive plan including but not limited to:

(i) Land use element considerations of commercial and residential development that provide sustainable economic opportunity while limiting localized sprawl, maintaining community character, and providing employment opportunities for residents, and anticipating future needs;

(ii) Housing element goals and policies including, but not limited to, appropriate placement of vacation rentals to avoid impacting neighborhood character and housing stock, accessibility to affordable housing for all residents, providing for a variety of residential housing types and densities, and supporting regulatory changes that promote affordable housing options in all locations in the county;

(iii) Rural element goals and policies including, but not limited to, maintaining natural environment features that support natural resource-based economic activities including small scale recreation and tourist uses, wildlife habitats, traditional rural lifestyles, outdoor recreation, and open space.

(2) Type, Number, and Location.

(A) Type. Short-term rentals are distinguished in three tiers.

(i) Tier 1. Owner-occupied short-term rentals where either (a) rooms are rented and the owner is personally present at the dwelling during the rental period, or (b) the short-term rental is located within the same parcel as the owner’s principal residence and the owner is personally present at the dwelling during the rental period, or (c) the entire dwelling is rented no more than fifteen total days in a calendar year; provided, that an on-site qualified person is there during the owner’s absence. Portions of calendar days shall be counted as full days.

(ii) Tier 2. Short-term rentals at a dwelling that is not owner occupied or Tier 3 short-term rental.

(iii) Tier 3. Short-term rentals may be either non-owner occupied, or owner occupied, and exceed occupancy limits applicable to Tier 1 and Tier 2 units as identified in subsection (3) of this section. No short-term rental may operate as a Tier 3 short-term rental without meeting all Tier 3 provisions as applicable to their property under the requirements found within this chapter.

(iv) Existing nonconforming short-term rentals must comply with the provisions of subsection (3)(B) of this section.

(B) Tiered Permits and Numbers Allowed.

(i) Tier 1. New Short-term rentals are allowed where permitted per subsection (2)(C) of this section.

(ii) Tier 2 and Tier 3.

(a) New Tier 2 and 3 short-term rentals cannot be located where short-term rentals make up more than the maximum share of the total housing stock in residential zoning districts listed in the table below. This is the maximum share of short-term rentals in residential zones within Zip Codes, Zip Code subareas, or within urban growth areas where the use is expressly allowed. Leavenworth subareas are identified based on the boundaries in subsection (2)(B)(ii)(b) of this section. If the share equals or exceeds this level, no new short-term rentals are allowed until the total number falls below this maximum limit.

Maximum Share of Short-Term Rentals

Area

Name of Area

Maximum Share of Short-Term Rentals*

Zip Code 98826

Leavenworth

6%

Subarea 1

Lake Wenatchee

6%

Subarea 2

Plain

6%

Subarea 3

Leavenworth

6%

Other Zip Codes

Each individually

6%

Urban Growth Area

Manson

9%

Urban Growth Area

Peshastin

0%

City Assigned Unincorporated Urban Growth Areas

Each individually

6%

*    Maximum percent share of short-term rentals in residential zones as part of total housing stock.

(b) Leavenworth subareas are a subset of Zip Code 98826, mapped as follows:

Leavenworth Subareas Map—Portions of Zip Code 98826

(c) To calculate the maximum share of short-term rentals in subsection (2)(B)(ii)(a) of this section, total dwelling units must be determined based on the latest annual count of total housing units by the State of Washington Office of Financial Management, or another state or county agency that tracks Chelan County housing inventory. Short-term rental percentages must be determined at the time the number of allowed short-term rentals is determined per subsection (4) of this section.

(d) Tier 2 and Tier 3 short-term rentals in the following zones are not subject to the maximum cap in subsection (2)(B)(ii)(a) of this section: rural commercial zoned districts, Manson and Peshastin urban growth areas’ commercially zoned districts, planned unit developments existing on the date of adoption of this chapter with recorded plat notes expressly permitting short-term rentals, or master planned resorts.

(e) Share calculations for cities and urban growth areas are calculated separately and independently from other areas within the same Zip Code or a designated subarea of a Zip Code, and one calculation does not affect the maximum allowed share of short-term rentals for the other.

(f) Within Leavenworth subareas to determine if a new Tier 2 or Tier 3 short-term rental is allowed, first the overall Zip Code share must be met and second the subarea Zip Code share must be met.

(iii) Existing nonconforming short-term rentals of any tier level are not subject to the limitations in this subsection (2)(B) provided they comply with all the provisions of subsection (2)(E) of this section.

(C) Zones Allowed. In order to operate, short-term rentals may be allowed pursuant to:

(i) Section 11.04.020 applicable to all rural and resource designations, except as limited in subsection (2)(B) of this section.

(ii) Section 11.22.030 applicable to the Peshastin urban growth area, except as limited in subsection (2)(B) of this section.

(iii) Section 11.23.030 applicable to the Manson urban growth area, except as limited in subsection (2)(B) of this section.

(iv) The board of Chelan County commissioners adopts the cities of Cashmere, Chelan, Entiat, Leavenworth, and Wenatchee land use regulations, development standards and land use designations, as they apply to short-term or vacation rentals of fewer than thirty consecutive nights or days, within the county adopted unincorporated urban growth area respecting each city as it is now or is hereafter amended for the cities of Cashmere, Chelan, Entiat, Leavenworth, and Wenatchee; provided, that any city regulation requiring acquisition of a business license is not adopted nor incorporated as a county regulation and that instead a conditional use permit may be required, and the county’s review procedures in this section must control.

(a) Upon the date of the adoption of this code on September 27, 2021, any existing short-term rentals within the exterior boundaries of any city’s designated urban growth area (UGA) are required to have been in full legal compliance with any existing city codes adopted through prior resolution by the county as they applied to short-term rental uses within that UGA.

(1) If a short-term rental use is operating in violation of the existing county-adopted city codes for that UGA the rental must immediately cease all operation of that use on the date of adoption of this chapter. A property operating in violation of existing city UGA land use regulations has no legal existing nonconforming status as a short-term rental.

(b) All existing nonconformance claims within a UGA will be subject to joint review by the county and the affected city.

(c) New short-term rental applicants will be required to comply with the most current city regulations for short-term rental use for each city UGA, which are herein adopted and incorporated under subsection (2)(C)(iv) of this section upon adoption of this code chapter, including if any UGA code prohibits new or continued existing short-term rentals in those zones.

(v) Existing nonconforming short-term rentals of any tier level are not subject to the limitations in this subsection (2)(C) provided they comply with all the provisions of subsection (2)(E) of this section and any other applicable provisions

(vi) Applications for a new Tier 3 short-term rental permit required by a district use chart in Chapter 11.04 to have a conditional use permit (CUP) shall have the CUP processed consistent with Chapters 11.93 and 14.10, and shall have the use conditioned for approval based upon the applicable requirements contained within this section. A Tier 3 short-term rental CUP is annually renewable and administratively reviewed under the provisions of subsection (4) of this section, provided the permit is nontransferable under the restrictions contained within subsection (4)(I) of this section.

(D) Lot Size and Lot Location Standards.

(i) Minimum lot sizes for new conforming short-term rentals set forth in this subsection are the minimum necessary and shall not be subject to reduction pursuant to Chapter 11.95, Variances, Chapter 11.97, Nonconforming Lots, Structures, and Uses, Chapter 11.98, Reasonable Use Regulations, nor subject to administrative modification. The following minimum lot sizes shall be required to establish a Tier 2 or Tier 3 short-term rental in zoning districts where short-term rentals are permitted or conditionally permitted:

Minimum Lot Area (Acres) Required to Accommodate New Short-Term Rental 

Zone

Tier 2

Tier 3

RR20

10

10

RR10

10

10

RR5

5

5

RR2.5

2.5

Not allowed

RRR

0.275

Not allowed

RW

0.275

Not allowed

RV

0.275

Not allowed

(ii) New conforming Tier 2 short-term rentals in all residential zones cited in this subsection (2)(D) and within the Manson UGA shall be located a minimum of two hundred feet apart as measured from all points of the existing short-term rental dwelling structures to proposed short-term rental dwelling structures. This distance shall not be subject to reduction pursuant to Chapter 11.95, Variances, Chapter 11.97, Nonconforming Lots, Structures, and Uses, Chapter 11.98, Reasonable Use Regulations, nor subject to administrative modification.

(iii) Proposals for new conforming Tier 3 short-term rentals shall be located on sites with direct access off of functionally classified highways consistent with the Chelan County transportation element of the comprehensive plan. Access shall be consistent with Section 15.30.330. “Direct access” means either parcel frontage or driveway access from the classified highway right-of-way.

(iv) Existing nonconforming short-term rentals of any tier level are not subject to the limitations in this subsection (2)(D) provided they comply with all the provisions of subsection (2)(E) of this section.

(E) Existing Short-Term Rentals.

(i) A short-term rental use shall be considered lawfully established and existing and allowed to continue to operate as a legally nonconforming use only if the owner proves all the following:

(a) That a location was actually, physically used for short-term rental purposes during the periods specified in subsections (2)(E)(i)(b) and (f) of this section. Proof of rental listing, and income generated is also required; and

(b) That sales and lodging taxes required under Chapter 64.37 RCW were fully paid for all short-term rental use between July 28, 2019, when Chapter 64.37 RCW was in effect, and August 25, 2020; and

(c) That the short-term rental meets all requirements of subsection (3) of this section within one year of the effective date of the ordinance codified in this section; provided, that legally required health and safety provisions within subsection (3) of this section including garbage, consumer safety, fire safety and outdoor burning, and property management plan communications provisions are met within ninety days of the effective date of the ordinance codified in this section, except that in the Manson urban growth area, all provisions consistent with Section 11.23.040 as it existed on August 25, 2020, shall be met on the effective date of the ordinance codified in this section; and

(d) That the short-term rental operator has obtained the required land use permits within the time requirements in subsection (4) of this section; and

(e) Liability insurance shall be obtained consistent with RCW 64.37.050 as of the effective date of the ordinance codified in this section (September 27, 2021) per subsection (3)(N) of this section; and

(f) If located inside of the Manson urban growth area, documentary evidence that the short-term rental was properly registered as a vacation rental with Chelan County per Section 11.23.040 as of August 25, 2020, or that the short-term rental owner held a vacation rental permit in the Manson UGA as of July 28, 2019, or in 2020 prior to August 25, 2020. This documentary evidence also satisfies the requirements found in subsection (2)(E)(i)(a) of this section, provided failure to accurately represent and disclose a property’s short-term rental history is grounds for immediate permit denial or revocation, and loss of all existing nonconforming status.

(g) Any property owner claiming existing nonconforming status as a short-term rental within any Zip Code, subarea, or urban growth area shall resolve any existing county code violations on the property as required under subsection (4)(A)(ii) of this section and shall have complied with all other relevant provisions of this section and apply for and have received an initial short-term rental administrative land use permit and all required conditional use permits under subsection (4) of this section by December 31, 2022, or by failing to do so shall waive all claim to having existing nonconforming status.

(ii) Nonconforming Short-Term Rental Units Restricted Zones, or by Parcel Size, Numbers Allowable, or Rental Standards.

(a) Except as provided in subsections (2)(E)(iii) and (iv) of this section, an existing short-term rental operating as of September 27, 2021, is considered nonconforming when one or more of the following conditions is met:

(1) The cap of the Zip Code, Zip Code subarea, or urban growth area is exceeded in subsection (2)(B) of this section; or

(2) A zone does not expressly allow new short-term rental units per subsection (2)(C) of this section and Sections 11.04.020, 11.22.030, and 11.23.030; or

(3) The short-term rental is located on a parcel that does not meet the lot size and/or lot location standards of subsection (2)(D) of this section; or

(4) The short-term rental does not comply with the operating standards of subsection (3) of this section.

(b) Nonconforming short-term rental properties may only be changed, altered, extended, or enlarged in a manner requiring a permit issued under Chelan County codes if the activity does not increase nonconformance with this or any other chapters of applicable county codes, or to repair unexpected damage from a natural or human caused event provided the repair is that which is minimally required to maintain the former conditions of the rental as it existed prior to the damage.

(1) Any property that increases its nonconformance with this chapter without written permitted authorization of the department may be subject to immediate revocation of all short-term rental permits and shall lose any legally non-conforming status as a short-term rental. Appeal provisions within Chapter 14.12 and Title 16 apply.

(c) If the nonconforming short-term rental cannot comply with criteria, grace period, and timelines in subsection (2)(E)(i) of this section, it must cease operating no later than one year from the effective date of the ordinance codified in this section (September 27, 2021) and any issued county permit to operate as a short-term rental immediately becomes null and void, subject to appeal under Chapter 14.12 and Title 16.

(d) After expiration of the permit or revocation of the permit authorizing a nonconforming short-term rental, no operator shall operate a short-term rental, subject to appeal under Chapter 14.12 and Title 16.

(e) Any short-term rental property that has an unresolved written notice of violation for short-term rental use, received on or before August 25, 2020, or that operated as a short-term rental contrary to the August 25, 2020, Chelan County short-term rental moratorium Resolution 2020-86, or subsequent rental moratorium Resolutions 2020-104 and 2021-20, or upon permit application is found to have an existing zoning, land use, or building permit violation, shall not be considered a legally nonconforming use as follows:

(1) Moratorium Violation. Short-term rental properties in violation of the moratoria resolutions in this subsection (2)(E)(ii)(e) are not subject to a grace period for continued operation and must immediately cease all short-term rental uses of the property on the effective date of adoption of this code.

(2) Unresolved Written Notices of Violation or Other Violations. An existing short-term rental property found to have existing zoning, land use, or building permit violation must resolve violations according to the time periods of subsection (4)(A)(ii) of this section.

(3) Under either case in subsection (2)(E)(ii)(e)(1) or (2) of this section, the short-term rental property is subject to all provisions of Title 16; provided, that the appeal provisions of Chapter 14.12 and Title 16 apply.

(iii) Nonconforming Short-Term Rental Units in Manson UGA. Where a short-term rental is located in the Manson UGA, only those short-term rentals that were properly registered as a vacation rental and meet criteria in subsection (2)(E)(i) of this section shall be considered legal nonconforming according to Chapter 11.97, provided the short-term rental is allowed a grace period of operation in which to fully attain compliance with all current rental standards as provided in subsection (2)(E)(i) of this section.

(iv) Nonconforming Short-Term Rental Units in Peshastin UGA. Existing nonconforming short-term rental units of any tier within the residential zones in the Peshastin UGA are subject to the provisions of subsections (2)(E)(i) and (ii) of this section.

(v) A nonconforming short-term rental can only become a conforming short-term rental by first providing an affidavit stating they wish to cease being a nonconforming short-term rental and surrender any existing rental use permits, and then applying for a new short-term rental permit subject to all the applicable requirements of this chapter, and other applicable Chelan County codes.

(vi) The director may permit a property to operate as an existing nonconforming short-term rental where the applicant possesses and provides the department written communication, originating from authorized Chelan County community development personnel and written prior to August 25, 2020, that expressly states the short-term rental use of this specific property is an allowed use, and that the current use is in-fact operating and conforming within any parameters or limits expressly stated within that written communication, provided:

(a) If any provision applicable to existing nonconforming short-term rentals within this chapter is not expressly exempted by the written communication referenced herein, the short-term rental is subject to all requirements for existing nonconforming short-term rentals as provided in this section, except as stated in subsection (2)(E)(vi)(b) of this section.

(b) If the written communication referenced herein expressly permits and is authorized by septic permitting at the time of that written communication regarding limit on overnight and daytime occupancy, the property shall not be subject to the occupancy limits found within subsections (3)(B)(ii) and (iii) of this section.

(c) Provisions of this subsection (2)(E)(vi) sunset on December 31, 2022.

(3) Rental Standards Applicable to All Short-Term Rentals.

(A) Primary or Accessory Residence.

(i) Short-term rentals must be operated out of an owner’s primary dwelling or a legally established accessory dwelling unit. In no case, shall an owner or operator make available a recreational vehicle, tent, or other temporary or mobile unit for short-term rental.

(ii) A short-term rental owner may operate only one short-term rental per parcel as designated on their permit application form, which may be in either the primary dwelling or the accessory dwelling unit but not both. If the short-term rental occurs in a multifamily dwelling the same owner may not rent more than one unit in the development.

(iii) A short-term rental owner may exceed the limits placed on short-term rentals in subsection (3)(A)(ii) of this section on a parcel subject to the district zoning requirements of a rural commercial county zone or similar urban growth area commercial zone, provided the short-term rental must comply with the provisions of Section 11.04.020, 11.22.030, or 11.23.030.

(B) Occupancy.

(i) The number of rented or occupied bedrooms shall not exceed the number approved in relation to the on-site sewage system approved by the Chelan-Douglas health district, or strictly follow the requirements of any sewer district or other waste management provider that is being utilized by the rental.

(a) All short-term rentals must meet and maintain this standard immediately, and this provision is not subject to any grace period.

(b) Occupancy of bedrooms is limited to two persons per bedroom, including children.

(ii) Tier 1 and Tier 2 Occupancy Limits.

(a) Overnight Occupancy. The owner or operator must limit overnight occupancy to no more than two persons per bedroom, not to exceed:

Tier 1: a total of eight persons including children.

Tier 2: a total of twelve persons including children.

Tier 3: a total of sixteen persons including children.

(b) Daytime Occupancy.

Tier 1: At no time shall the total number of persons at a short-term rental exceed eight persons, including children, but excluding the owner.

Tier 2: At no time shall the total number of persons at a short-term rental exceed twelve persons, including children.

Tier 3: At no time shall the total number of persons at a short-term rental exceed sixteen persons, including children, but excluding the owner, if one resides on the property.

(c) For purposes of subsections (3)(B)(ii) and (iii) of this section occupancy after ten p.m. and before seven a.m. is considered overnight occupancy and all rental use must fully comply with the overnight occupancy limitations found within this section.

(iii) Exceeding Daytime Occupancy Limits.

(a) In order for any existing nonconforming or new short-term rental of any tier level to exceed total daytime occupancy limits contained in subsection (3)(B)(ii) of this section, or to host events such as weddings, gatherings, or retreats an operator must first obtain a conditional use permit and satisfy all the conditions of approval consistent with Section 11.93.315, Places of public and private assembly, before operation; provided, that the zone allows short-term rentals as a permitted, or conditionally permitted use and meets all other short-term rental requirements of this section; provided, that overnight occupancy is limited to the provisions of subsections (3)(B)(ii)(a) and (c) of this section. All other applicable criteria of Chapter 11.93 shall be met.

(1) For new conforming short-term rentals to exceed the daytime occupancy under a conditional use permit, in addition to the requirements in this subsection (3)(B)(iii)(a), the operator must either take access from a classified highway consistent with subsection (2)(D)(iii) of this section, or be located in a master planned resort, or in a commercial zone.

(b) Facilities exceeding overnight occupancies of sixteen persons are considered lodging facilities that must meet the requirements of that zone and use.

(C) Parking.

(i) Provide residential parking, not located within a setback and not within any recorded access easement, consistent with the provisions of Chapter 11.90.

(ii) The number of vehicles allowed at the short-term rental must be limited to the number required per Section 11.90.060; this requirement must be included in the property management plan per subsection (3)(K) of this section; provided, that any short-term rental may exceed these limits for hosted events if a conditional use permit has been obtained and all conditions of approval including traffic and parking requirements have been satisfied consistent with Section 11.93.315.

(iii) Unlawful or unsafe parking by short-term rental tenants and guests, owner or operator joint liability if violation not abated. Qualified persons or owner or operators of short-term rental properties notified of unlawful or unsafe complaints related to their short-term rental tenants, or their guests are responsible to promptly abate the parking complaints emanating from their property for noncompliance with subsections (3)(C)(i) and (ii) of this section, or for parking on the property of a neighbor without express permission, or blocking the access to that neighboring driveway, or preventing their unobstructed use of that neighboring property. If the owner fails to cause the parking complaint to be abated within sixty minutes of notification of the complaint, he is subject to the enforcement penalties jointly and severally with the renter, or guest creating the parking violation under this chapter and Title 16.

(iv) Repeat Violations. Two verified parking violations unabated within sixty minutes as provided in subsection (3)(C)(iii) of this section within six months on or adjacent to the same property may also be subject to additional penalties under Chapter 16.20, up to and including revocation of the short-term rental land use permits under Section 16.20.040.

(D) Garbage. Trash containers must be provided. Trash must be in proper containers on collection day. Trash must be managed in compliance with Chapter 4.04, Garbage. This requirement must be included in the property management plan per subsection (3)(K) of this section and good neighbor guidelines per subsection (3)(M) of this section.

(E) Noise.

(i) Short-term rentals must be operated in compliance with Chapter 7.35, Noise Control. This requirement must be included in the property management plan per subsection (3)(K) of this section.

(ii) Public Disturbance Noise Complaints. Renters are subject to the provisions of Chapter 7.35. Owners or operators of short-term rental properties notified of complaints are responsible to promptly abate public disturbance noise complaints on their property. If the owner or operator fails to cause the noise to be abated within sixty minutes of notification of the complaint, he is subject to compliance with Chapter 7.35 and the enforcement penalties jointly and severally with the renter creating the public disturbance noise.

(iii) Repeat Violations. Two verified public disturbance noise violations unabated within sixty minutes as provided in subsection (3)(E)(ii) of this section within six months of on the same property may also be subject to additional penalties under Chapter 16.20, up to and including revocation of the short-term rental land use permits under Section 16.20.040.

(F) Trespass.

(i) Owners or operators must provide rules in rental contracts restricting occupants from trespassing on neighboring private property and identify proper routes to public places such as easements to shorelines. Such trespass rules must be included in the property management plan in subsection (3)(K) of this section and good neighbor guidelines per subsection (3)(M) of this section.

(ii) Trespass by Short-Term Rental Tenants and Guests, Owner or Operator Joint Liability. Qualified persons or owner or operators of short-term rental properties notified of trespassing complaints related to their short-term rental tenants, or their guests are responsible to promptly abate trespass complaints emanating from their property. If the owner or operator fails to cause the trespass to be abated within sixty minutes of notification of the complaint, he is subject to the enforcement penalties jointly and severally with the renter, or guests creating the trespass under Section 7.32.030 and Title 16.

(iii) Repeat Violations. Two verified trespass violations unabated within sixty minutes as provided in subsection (3)(F)(ii) of this section within six months of on or adjacent to the same property may also be subject to additional penalties under Chapter 16.20, up to and including revocation of the short-term rental land use permits under Section 16.20.040.

(G) Signs.

(i) All owners or operators must display and maintain the address of the residence so that it is clearly visible from the street or access road in compliance with Section 10.20.520 requirements. The rental must also display and maintain an additional sign outside identifying the property as short-term rental and displaying the Chelan County short-term rental registration number and central phone number required by the county. The sign must not exceed eight square feet in area and if illuminated, must be indirectly illuminated, and letters and numbers must at a minimum four inches in height.

(ii) Placement of the Sign.

(a) For short-term rental structures located fifty feet or less from the primary road, the sign text shall be displayed on the side of the structure facing the road and shall be visible from the road designated in the assigned address.

(b) For short-term rental structures located fifty feet or more from the primary road, or for buildings not visible from the road, the sign text shall be posted inside the owner’s property line at the access point to the road designated in the assigned address.

(iii) If the permanent contact information changes during the permit period, the new information must be changed on the sign. Renewal applications must provide evidence of the sign.

(iv) The director may allow annual mailings to adjacent properties and an interior posted notice for tenants in lieu of an exterior sign where a property’s size and visibility make an exterior sign ineffective, or if for reason of improving security. The owner shall provide verification of mailings and a copy of the notice with the annual permit renewal.

(H) Consumer Safety. All consumer safety requirements of RCW 64.37.030 must be met by the owner or operator. Violations are subject to Title 16. Requirements must be included in the property management plan in subsection (3)(K) of this section.

(I) Fire Safety and Outdoor Burning.

(i) Each owner or operator must include a fire protection plan within their property management plan in subsection (3)(K) of this section to alert renters to respect firewise efforts on a property, or to comply with travel or activity restrictions of Chapter 7.52, Fire Hazard Areas. The fire protection plan shall demonstrate consistency with a Ready Set Go program or equivalent; this includes, but is not limited to, restricting the use of fireworks, outdoor fires, open flame devices, portable fireplaces, fire pits, chimeneas, or BBQ devices. All permanently installed outdoor flame devices, as well as portable burning devices shall have the ability to be secured from use in accordance with Chapter 7.52, Fire Hazard Areas, and these devices must be secured during all periods of regulated burning restrictions banning the use of that device.

(ii) At least one 2A:10BC fire extinguisher, charged, maintained, and in serviceable condition shall be prominently available in the common living space.

(J) Qualified Person.

(i) The owner or operator must provide the name, telephone number, address, and email of a qualified person or their designee (which can be a person or company) who can be contacted concerning use of the property and/or complaints and can respond, personally or through a designee, to the property within sixty minutes to complaints related to the short-term rental consistent with the requirements of this section. The owner or operator must provide a valid telephone number where qualified person can reliably be reached twenty-four hours per day, every day the property is rented.

(ii) Failure to have a qualified person available to respond when contacted, or a failure to abate any complaint regarding a rental code standard under this subsection (3) by the qualified person or owner or operator within sixty minutes is a violation under this subsection and subjects the owner or operator to the civil penalties provided in Section 16.20.030.

(iii) Repeat Violations. A second subsequent violation within twelve months of the previous violation of failing to have a qualified person available, or failing to respond to a complaint once notified by the sheriff, county staff, or by any monitoring service employed by the county, is grounds for revocation of the short-term rental permit under Section 16.20.040.

(K) Property Management Plan.

(i) Short-term rentals must maintain an up-to-date property management plan on file with the Chelan County community development department and be prominently displayed within the common living area portion of the rental. The property management plan must include the following:

(a) Provide a floor plan and site map clearly depicting the property boundaries of the short-term rental, and the escape route in case of an emergency. The plan must provide a map indicating if there is an easement that provides access to a shoreline and, if an easement or other lawful access exists, the boundaries of the easement or access must be clearly defined. If there is no lawful access, this fact must be indicated within the plan together with a warning not to trespass;

(b) Provide the unified business identifier number, Chelan County short-term rental permit number, and the names and addresses of the property owner or operator;

(c) Designate a qualified person and provide contact information consistent with subsection (3)(J) of this section; and

(d) Provide information required for consumer safety per subsection (3)(H) of this section and RCW 64.37.030 and fire protection plan per subsection (3)(I) of this section.

(e) All units must have an operable landline or voice over internet protocol (VOIP) telephone installed to aid in emergency response, and the dwelling recorded in “Rivercom” database. The address and phone number of the property and the contact phone number for the qualified person shall be prominently displayed near the phone. If land line or VOIP is not available at the site, the director may at his discretion allow the owner or operator of the short-term rental to use an alternative means of direct phone communication, as long as the communication device is fixed at the location and the phone number is not changed within the annual permitting period. This phone number shall be noted on the permit application and the property management plan which shall also include any special instructions and list any local emergency services calling numbers required for use of the communication device in an emergency.

(1) Renter-owned or possessed mobile phones shall not be used in place of this requirement as they are not always usable in all areas, their batteries may deplete, or they may not be present with the phone at the rental for periods of time during occupancy.

(f) The plan must identify the method by which the owner or operator will notify renters of emergency or temporary conditions such as burn bans.

(g) The plan must specify the maximum number of guests and number of bedrooms.

(h) The plan must include the maximum number of vehicles allowed, and a map with the designated parking space locations allocated for each vehicle.

(i) The plan must be kept up to date at the time of the annual permit and include the annual permit number per subsection (3)(L) of this section.

(j) The plan must include the good neighbor guidelines per subsection (3)(M) of this section.

(L) Annual Permit Number. The owner or operator must include the Chelan County land use permit number for the short-term rental in all advertisements and ensure its prominent display on platforms and other forums for rental (AirBnB, VRBO, Craigslist, poster, etc.) and on marketing materials such as brochures and websites.

(M) Good Neighbor Guidelines. Owners and operators must acknowledge receipt and review of a copy of the good neighbor guidelines. Owners and operators must provide evidence that the good neighbor guidelines have been effectively relayed to short-term rental tenants, by incorporating it into the property management plan, and rental contract, posting it online, providing it in a conspicuous place in the dwelling unit, or a similar method.

(N) Liability Insurance. A short-term rental owner or operator must maintain primary liability insurance consistent with RCW 64.37.050.

(O) Taxes. The owner or operator must comply with Chapter 6.30, and other local sales taxes and state hotel/motel/lodging and sales taxes in accordance with the Department of Revenue.

(4) Land Use Permits.

(A) Land Use Permit Required.

(i) On or after September 27, 2021, and except as provided in subsection (4)(D)(i) of this section, no short-term rental owner or operator may advertise, offer, operate, rent, or otherwise make available or allow any other person to make available for occupancy or use as a short-term rental without a valid short-term rental administrative land use permit issued by the director or a conditional use permit approved by the hearing examiner pursuant to this chapter and Chapter 14.10. All dwelling units on a single parcel shall be reviewed concurrently in the same application, and the dwelling to be used as a short-term rental shall be clearly identified.

(ii) All uses on the property must fully comply with this title and the property may not have existing unresolved Chelan County code permitting, land use, or other violations under Title 3, 11, 15, or 16 in order to be eligible to apply for an administrative short-term rental land use permit or conditional use permit under this chapter. Existing properties claiming nonconforming short-term rentals may be issued a provisional short-term rental permit and may be provided the time of their respective grace period pursuant to subsection (2)(E)(i)(c) of this section, but no later than December 31, 2022, to address all violations. No provisional or other short-term rental land use permits shall be issued after that date until any violations are resolved. The director may extend the timeframe for up to six additional months to obtain compliance upon a showing of a good faith effort.

(B) Annual Renewal. Annual renewal of the short-term rental land use permit is required.

(i) The department shall by September 1st of each year, mail a renewal reminder notice to the permitted owner or operator, sent to the postal address or the email address on file reminding of the renewal requirement of the rental permit requirement.

(ii) A permit expires on December 31st of each year, regardless of when it is issued.

(iii) All annual permitting fees are not pro-rated.

(iv) All permit renewal applications for permitting year 2023, and beyond, must be received by October 31st of the preceding year.

(a) At their discretion the director may, upon showing of a hardship reason for applicant’s delay, accept permit renewal applications received after October 31st but before December 31st of the same year and may assess double the normal fees for permitting, provided the short-term rental may not continue operation past December 31st until the permit application is approved and a permit issued.

(b) Permit renewal applications received after December 31st will not be accepted, and the short-term rental must immediately cease operations on January 1st of the following year. The owner and property lose any vesting to continue operation as a legally conforming or nonconforming short-term rental under this chapter. Expired short-term rentals under this subsection are then subject to the housing cap provisions of subsection (2)(B) of this section and must apply as a new short-term rental if all other provisions of this section allow, and consistent with the applicable district use chart.

(C) Permit Applications.

(i) Short-term rental owners must apply for an administrative land use permit to establish compliance with this code. Fees consistent with Section 3.24.010 must be paid. Applicable fees shall reflect costs for review, inspections, and permitting of different short-term rental tiers, and inspections at the appropriate stage. All other permit costs apply. Fees are due at the time of permit application.

(D) Application Acceptance and Evaluation.

(i) Existing Nonconforming Short-Term Rentals. Beginning on September 27, 2021, and by December 31, 2021, all existing short-term rentals operating as of dates established in subsection (2)(E) of this section and subject to the provisions of subsection (2)(E) of this section wishing to operate as a short-term rental for the remainder of 2021 shall pay a fee equal to one-quarter of the annual permit fee established for their tier per the table in Chapter 3.24, and register on a department registration provisional self-certification form. This self-certification form serves as the first provisional short-term rental permit application. Those owners and properties failing to register within this time period shall not be considered as an existing and nonconforming short-term rental use for 2021 under this section and shall forfeit any claim of continuing existing nonconforming short-term rental use status for 2022 and beyond under this section, and any short-term rental that occurred during this period is considered to have been in violation of this chapter, subject to appeal provisions under Chapter 14.12 and Title 16.

(ii) Application for or issuance of any provisional short-term rental permit does not guarantee future issuance of a short-term rental administrative land use permit under subsection (4) of this section. The provisional permit is intended to be temporary and is only in effect while the department reviews all permit applications for compliance with all Chelan County regulations, including this chapter, for the 2021 and 2022 permit years before issuance or denial of issuance of a short-term rental administrative land use permit. This single (4)(D)(ii) provision ceases to exist on December 31, 2022.

(a) All existing nonconforming short-term rental owners wishing to continue short term rental land use operation past the 2021 year registration for the 2022 calendar year shall apply for a short term rental permit on a provisional self-certification form no later than December 31, 2021. This self-certification form serves as the 2022 provisional short term rental permit application. The applicant may continue provisional operation until the review, found this subsection, has been completed and an administrative determination has been made, and the owner has been notified whether their short-term rental is in lawful compliance with this chapter so they may continue to operate in 2022.

(iii) For urban growth areas or Zip Codes below the cap as of the date of permit application, owners may apply for a new short-term rental application per subsection (4)(D)(v) of this section.

(iv) By not later than June 30, 2022, the director shall upon review for accuracy, completeness, and code compliance provisionally approve a Tier 1 short-term rental property, or any existing nonconforming Tier 1, 2, or 3 short-term rental property as provided in subsection (2)(E) of this section, for an initial short-term rental administrative land use permit subject to the owner completing a self-certification form in subsection (4)(D)(i)(a) of this section; provided, that inspections in subsection (4)(H) of this section are accomplished prior to the first renewal thereafter; provided, that any owner who has been found to be ineligible for continued operation under this chapter that has been notified by the department shall have thirty calendar days to provide any correction to the information that led to that determination of ineligibility, if a correction is possible, or cease all operation as a short-term rental. They must reapply for permitting under all applicable provisions of this section, subject to appeal provisions under Chapter 14.12 and Title 16.

(v) New Compliant Short-Term Rentals. Beginning on December 1, 2021, new compliant Tier 1, Tier 2, and Tier 3 land use permit applicants may apply to obtain a new conforming short-term rental permit pursuant to the provisions and limitations of subsection (2) of this section.

(a) New short-term rental applications are not allowed for 2021. Applications for 2022 new compliant short-term rentals in urban growth areas or Zip Codes below the cap based upon available data may apply for a short-term rental land use permit application starting December 1, 2021, and by no later than July 29, 2022, as provided herein. No new 2022 permit applications will be accepted after July 29, 2022. Permit applications, or reservations for application appointments, will be taken on a first-come, first-served basis at the community development office starting at nine a.m. After the 2022 permitting year, permit applications for subsequent years are only accepted on the published dates allowing permit submission. The number of permit applications accepted shall not exceed the number of short-term rentals allowed per the applicable housing cap within each Zip Code and urban growth area as provided in subsection (2)(B) of this section. Once the limit on the number of applications for Tier 2 and Tier 3 short-term rentals has been reached, the window of time for submission shall be closed for that year; provided, that Tier 1 applications do not have a limit on the number of applications.

(b) The director shall annually by March 15th determine the share of short-term rentals to the overall housing stock in each of the unincorporated Zip Codes and urban growth areas, and accordingly schedule a permit application time window, to be held only once annually between June 1st and July 31st, to allow new short-term rental applications for the following year in each Zip Code and urban growth area where the cap in subsection (2)(B) of this section is not exceeded.

(c) A completed permit application does not guarantee that the applicant will receive a permit to operate a short-term rental. Application acceptance only guarantees participation in the permit application process and a review for subsequent permitting under the regulations in existence at time of acceptance.

(d) An application must be deemed complete before a permit is issued. Any applicant who does not complete the required application forms, complete any required inspections or other processes contained within this chapter, and fully submit any required supplemental information or who within thirty calendar days of notification fails to correct any application documentation submission deficiencies as requested by the department by any required deadlines, including submitting a complete application for any required conditional use permits, or who upon application review is found to have knowingly provided false information, or if the applicant or property is found to be out of compliance with this or other titles of Chelan County land use or development codes, is therefore ineligible for a short-term rental permit. The applicant shall not receive any further processing of their application. Once denied, the applicant shall not be eligible for rental permit application until such time as the owner can show compliance with Chelan County regulations, and then must reapply to restart the process.

(vi) All application fees are nonrefundable.

(E) Term. A short-term rental land use permit must be issued for a period of one calendar year, with its effective date running from the date the application is due as set forth in subsection (4)(D) of this section and must be renewed annually by the owner or operator provided all applicable standards of this section are met.

(F) Forms and Procedures. Applications for short-term rental land use permits must be on forms provided by the county, demonstrating the application meets the standards required by this section. Permit review procedures and appeals must be consistent with Title 14.

(G) Nonuse. All short-term rentals must operate under a current short-term rental land use permit regardless of nonuse. If a property has not been rented in a twelve-month period, renewal of short-term rental land use permit must still be met to maintain the validity of the permit and to retain eligibility for renewal in immediately subsequent years.

(H) Fire, Safety, Health, Short-Term Rental Standards, and Building Codes Compliance, and Inspections.

(i) Fire and Emergency Safety and Short-Term Rental Standards. Prior to approving the initial short-term rental permit, the applicable fire district or community development personnel must perform a life-safety and applicable short-term rental or conditional land use permit standards inspection, except as provided under subsections (4)(H)(iii) and (iv) of this section.

(ii) Wastewater. Each applicant shall demonstrate to the satisfaction of the director they have a properly functioning and permitted on-site sewage system meeting applicable health district permitting and standards for the occupancy. The wastewater system must, at all times of occupancy, be maintained and operate as originally permitted.

(iii) The director may waive inspections under subsections (4)(H)(i) and (ii) of this section associated with the initial short-term rental permit if the owner or operator provides a notarized affidavit from the applicable fire district or fire marshal or Chelan-Douglas health district that the short-term rental complies with applicable requirements in subsections (4)(H)(i) and (ii) of this section.

(iv) After the unit is approved and permitted for rental, a completed self-certification checklist for health and safety is required to be submitted by the owner with each annual short-term land use permit renewal consistent with forms provided by the director.

(v) Owner Responsibility. It is the owner’s responsibility to ensure that the short-term rental is and remains in substantial compliance with all applicable codes regarding fire, building and safety, health and safety, and other relevant laws.

(vi) Owners applying for or receiving a valid short-term rental land use permit or a conditional use permit for short-term rental or event venue use must allow the director or designee to inspect or reinspect the property at reasonable times to determine initial compliance with subsections (3) and (4)(H) of this section. If complaints are received, or evidence is encountered indicating noncompliance with this chapter the department may reinspect the property at reasonable times. Denial of entry for inspection is grounds for immediate permit denial or revocation of all permits for short-term rental land use under this chapter pursuant to Section 16.20.040.

(I) A short-term rental permit for a code compliant short-term rental permitted according to subsection (4)(D) of this section is only transferable to a new owner under the provisions below.

(i) With a conforming short-term rental the permit is not transferable, even in the event of death or divorce of an owner.

(ii) A nonconforming short-term rental permitted according to the provisions of subsection (2)(E) of this section is allowed to transfer the existing permitted nonconforming status and currently issued operating permit to continue under a new owner one time within five years, except three years within the Manson urban growth area, of the effective date of the ordinance codified in this section (September 27, 2021) consistent with subsection (4)(I)(iii) of this section, and the new owner may continue to operate under the existing short-term rental permit for the remainder of the current registration year and renew permits and operate in subsequent years under the permitting requirements applicable to the original owner; provided, that within thirty calendar days of closing the subject new owner has provided their contact name and registration information with the department. The new owner shall provide signage and notification consistent with subsection (3)(G) of this section.

(iii) A transfer occurs when the property is sold by a person or corporation, to another person or corporation, or when officers of corporations are changed to remove former officers and add new officers, except that a transfer does not occur when officers are changed due to death where title is held in survivorship with a spouse or a transfer on the owner’s death to benefit only a spouse or child(ren) for the lifetime of the spouse or child(ren). The survivor may not sell or transfer title, except that title may transfer among the survivors. A transfer also does not occur when due to divorce a former spouse’s name is removed from the deed or corporation.

(iv) No transfers of the existing nonconforming short-term rental status may occur other than as provided in this subsection (4)(I), and the second owner of a lawful permit transferred must obtain all required short-term rental permits and meet all applicable requirements of this chapter for all subsequent years beyond the current issued permit. If the property is transferred again, or is not issued a short-term rental permit in any subsequent years after initial transfer under this subsection (4)(I), the property loses its legal nonconforming status that would have applied to the original owner had they not transferred ownership.

(J) Approval Criteria.

(i) To receive approval or renewal, an owner must demonstrate to the satisfaction of the director that all approval criteria listed below have been satisfied:

(a) The short-term rental is located in a base or overlay zone that allows its use pursuant to this section.

(b) The short-term rental is consistent with density, location, and occupancy limitations of this section.

(c) The short-term rental is consistent with short-term rental standards of this section.

(d) The short-term rental is consistent with all applicable health and safety requirements of this section.

(e) The short-term rental is not the subject of current or outstanding code violations per Title 16.

(f) The short-term rental is considered non-conforming and is in full compliance with subsection (2)(E) of this section.

(g) The short-term rental has not been transferred in violation of subsection (4)(I) of this section.

(K) Appeals of the denial or conditions of short-term rental land use permits or annual renewals must be filed in compliance with Title 14.

(5) Enforcement.

(A) Within Chelan County jurisdiction, a short-term rental must not operate without an approved and valid short-term rental permit. Evidence of operation includes, but is not limited to, advertising, online calendars showing availability, guest testimony, online reviews, rental agreements, or receipts.

(B) Enforcement of this section will be in accordance with Title 16.

(6) Monitoring. The director shall report to the board of county commissioners on the status of short-term rental regulation implementation annually at the time the existing short-term baseline is reported per subsection (4)(D) of this section. The county may initiate a review or amendment pursuant to Chapter 14.13.

(A) The director may utilize a commercial monitoring and/or response service to assist with implementation of this chapter. (Res. 2021-120 (Att. A), 9/21/21; Res. 2021-95 (Att. A), 7/27/21).