Chapter 20.52
SHORT-TERM RENTALS
Sections:
20.52.030 General requirement.
20.52.040 Short-term rentals, permitted use, conditional use.
20.52.050 Application and approval.
20.52.060 Criteria for approval.
20.52.070 Waiver and variance.
20.52.080 Business license required.
20.52.090 Continued compliance with this chapter.
20.52.110 Enforcement and penalty.
20.52.010 Purpose.
The purpose of the regulations set forth in this chapter is:
(a) To establish appropriate regulations to allow short-term rentals primarily within residential zoning districts;
(b) To minimize the disruption that short-term rentals may have on residential neighborhoods; and
(c) To promote economic activity, including tourism. (Ord. 1744 § 1 (part), 2019)
20.52.020 Applicability.
The regulations set forth in this chapter shall apply to all activities undertaken or proposed within the city that meet the definition of “short-term rental” established under Section 20.80.030. (Ord. 1744 § 1 (part), 2019)
20.52.030 General requirement.
Short-term rental uses that are not consistent with the regulations set forth in this chapter are prohibited. Short-term rental uses that are established and maintained consistent with the regulations set forth in this chapter shall be allowed as either a permitted use or a conditionally permitted use as established under Section 20.52.040. (Ord. 1744 § 1 (part), 2019)
20.52.040 Short-term rentals, permitted use, conditional use.
(a) Short-term rental of one or more bedrooms in a multi-bedroom, single-family dwelling or duplex where the single-family dwelling or duplex is the applicant’s primary place of residence is allowed as a permitted use where consistent with all requirements set forth in this chapter.
(b) Short-term rental of a portion of a single-family dwelling or an entire single-family dwelling where the applicant’s primary place of residence is on the same property is allowed as a permitted use where consistent with all requirements set forth in this chapter.
(c) Short-term rental of any portion of a structure or property containing three or more dwelling units shall require approval of a conditional use permit.
(d) Short-term rental of any portion of a dwelling or an entire dwelling where the applicant does not have their primary place of residence on the same property shall require approval of a conditional use permit.
(e) Short-term rental of any portion of a dwelling unit located in a zone where a single-family residence is not allowed as a permitted use shall require approval of a conditional use permit. (Ord. 1744 § 1 (part), 2019)
20.52.050 Application and approval.
(a) An application for short-term rental use of an eligible dwelling unit or portion thereof shall be completed on forms prepared by the city and be submitted to the city for review. Short-term rentals requiring approval of a conditional use permit shall also require submittal of a conditional use permit application.
(b) An application for a short-term rental use may be submitted by the property owner residing within the dwelling unit, the property owner residing on the same property, the property owner not residing on the same property, or by a tenant residing within the subject dwelling who is leasing the dwelling for a minimum of a one-year period.
(c) If the applicant for approval of a short-term rental use is not the owner of the subject property, then the application shall be accompanied by a signed statement from the owner authorizing the lessee to submit an application for approval of a short-term rental use.
(d) The application shall be accompanied by payment of the applicable fee(s) set forth in the fee schedule as established under Chapter 3.30.
(e) If compliance with the provisions of this chapter is demonstrated, an approval for a short-term rental use will be issued by the city. A business license for a short-term rental business will not be issued by the city until approval for a short-term rental use of the dwelling has been issued. (Ord. 1744 § 1 (part), 2019)
20.52.060 Criteria for approval.
The following criteria shall be met in order for the city to approve a short-term rental use:
(a) Occupancy. Maximum occupancy of the rental shall be based on the International Code Council Building Code standards. The applicant shall be responsible for ensuring that the dwelling unit is used in conformance with its maximum occupancy.
(b) Parking. At least one additional off-street parking space shall be provided for the short-term rental use, in addition to all other parking required for the dwelling. Parking on site along the front property line shall not exceed sixty percent of the front-yard frontage. The number of vehicles parked at a short-term rental residence shall not at any time exceed the number of available parking spaces on the subject property; provided, that the city may reduce the off-street parking requirement if it is determined that sufficient on-street parking is available in close proximity to the subject property.
(c) Signage. No outdoor advertising signs related to the short-term rental use shall be allowed on the site.
(d) Solid Waste Collection. Solid waste collection is required at all short-term rentals consistent with city solid waste collection requirements.
(e) Local Property Representative. Where the applicant does not reside full-time on the subject property or within ten miles driving distance of Sumas, a local property manager shall be designated. The local property manager shall reside full-time within ten miles driving distance from Sumas. The applicant or, where applicable, the local representative shall be responsible for responding to complaints about the rental. The name, address, and telephone contact number of the property owner, applicant and local representative shall be kept on file at the city. Additionally, the applicant shall mail a notice to all property owners within one hundred fifty feet of the short-term rental property that states the name, address, and telephone number of the applicant and local representative. If the local representative changes, the applicant shall be required to send out new notices to all property owners within one hundred fifty feet of the subject property.
(f) Informational Sign. A sign shall be posted conspicuously inside the dwelling to provide information on maximum occupancy, location of off-street parking, contact information for the applicant or local representative, evacuation routes, and the short-term renter’s responsibility not to trespass on private property or to create disturbances.
(g) Annual Fire Safety Inspection. All short-term rental uses shall require annual fire safety inspections to ensure public safety. Required inspections shall be completed prior to approval of the initial permit and each year within one month following the anniversary date of the initial permit approval. All costs for such inspections shall be borne solely by the applicant.
(h) Other Standards. The short-term rental dwelling shall meet all applicable requirements of the zone in which it is located, including but not limited to setbacks, maximum height, and lot coverage standards. (Ord. 1744 § 1 (part), 2019)
20.52.070 Waiver and variance.
The zoning administrator or city council, as appropriate, shall have the authority to waive compliance with Sections 20.52.060(b) (Parking), (c) (Signage), and (e) (Local Property Representative) if there are circumstances unique to the subject property that make compliance extremely difficult. A written waiver shall only be issued if it will not result in the harm of adjacent properties. Otherwise, variances from the provisions set forth in Section 20.52.060 shall only be granted where consistent with the requirements set forth in Chapter 20.64. (Ord. 1744 § 1 (part), 2019)
20.52.080 Business license required.
Short-term rental uses shall meet all local and state regulations. This shall include, but not be limited to, those regulations pertaining to obtaining city and state business and health department licenses, and paying applicable state and local taxes. (Ord. 1744 § 1 (part), 2019)
20.52.090 Continued compliance with this chapter.
A city approved short-term rental use shall be in compliance with the standards of Sections 20.52.060 and 20.52.080 at all times, or have been issued a written waiver in accordance with Section 20.52.070; otherwise, the use shall be subject to the enforcement provisions of Section 20.52.110. (Ord. 1744 § 1 (part), 2019)
20.52.100 Nontransferability.
A short-term rental use approval is issued to a specific party, being either the property owner or authorized tenant residing at the dwelling. If the property owner sells or transfers the real property or the authorized tenant ceases to lease the premises, any new owner or tenant shall be required to apply for and must receive approval of a short-term rental use from the city before using the dwelling as a short-term rental. (Ord. 1744 § 1 (part), 2019)
20.52.110 Enforcement and penalty.
This chapter may be enforced by any authorized representative of the city including, but not limited to, the chief of police, building inspector, code enforcement officer, zoning administrator, or designee. The city may press charges against the property owner, owner’s agent, authorized tenant, and/or the designated property manager. The first violation of this chapter (per property) shall be punishable by a two hundred fifty dollar fine. The second violation of this chapter (per property) within a twelve-month period shall be punishable as a criminal misdemeanor. Penalties under this section shall be deemed to be separate from any other applicable penalty provisions, including license and tax penalties. (Ord. 1744 § 1 (part), 2019)