Chapter 20.139
SHORT-TERM RENTALS
Sections:
20.139.030 General requirements.
20.139.040 Application requirements.
20.139.050 Development standards.
20.139.060 Term of annual permit and license.
20.139.070 Violation and repeat offenses.
20.139.080 Denial of application for a short-term rental.
20.139.100 Elimination of type 2 short-term rentals.
20.139.010 Purpose.
A. The purpose of this chapter is to establish regulations for the operation of short-term rentals within the city. It does not apply to hotels, motels, and bed and breakfasts. This chapter also establishes a short-term rental permit and license.
B. The provisions of this chapter are necessary to provide adequate housing opportunities to low and moderate income persons and to prevent unreasonable burdens on services and impacts on residential neighborhoods posed by short-term rentals. Special regulation of these uses is necessary to ensure that they will be compatible with surrounding residential uses and that they won’t unreasonably reduce community housing opportunities. Maintenance of the city’s existing residential neighborhoods is essential to its continued social and economic strength. It is the intent of this chapter to protect housing availability and to minimize the impact of short-term rentals on adjacent residences, and to minimize the impact of the commercial character of short-term rentals. (Ord. 2017-33 § 5, 2017: Ord. 2017-23 § 1 (part), 2017).
20.139.020 Definitions.
The definitions set forth in this section shall apply to short-term rental properties. Definitions contained in Chapter 20.06 also apply.
A. “Authorized agent” is a property management company or other entity or person who has been designated by the owner, in writing, to act on their behalf. The authorized agent may or may not be the designated representative for purposes of contact for complaints.
B. “Event” means wedding, bachelor or bachelorette party, concert, sponsored event, or any similar group activity.
C. “Local contact” means a person identified by the owner who is available to respond twenty-four hours a day, seven days a week, to any complaint involving the short-term rental.
D. “Owner” means the person that owns and holds legal and/or equitable title to the property.
E. “Principal residence” means the residence where the owner personally resides two hundred seventy-five or more days each calendar year.
F. “Short-term rental” means temporary lodging for charge or fee at a dwelling for a rental period of less than one month, or less than thirty continuous days if the rental period does not begin on the first day of the month.
G. “Short-term rental type 1” means short-term rental at a dwelling that is the owner’s principal residence and where either (1) rooms are rented and the owner is personally present at the dwelling during the rental period, or (2) the entire dwelling is rented for no more than ninety total days in a calendar year. Portions of calendar days shall be counted as full days. The room(s) for rent may be located within a detached or attached accessory dwelling unit.
H. “Short-term rental type 2” means short-term rental at a dwelling that is not the owner’s principal residence. (Ord. 2017-33 § 6, 2017: Ord. 2017-23 § 1 (part), 2017).
20.139.030 General requirements.
A. No owner or property within the Walla Walla city limits may offer, operate, rent, or otherwise make available or allow any other person to make available for occupancy or use a short-term rental without a short-term rental permit and license. Offer includes through any media, whether written, electronic, web-based, digital, mobile, or otherwise.
B. Only type 1 short-term rentals are allowed within Walla Walla city limits, and no other short-term rentals are permitted. (Ord. 2017-33 § 7, 2017: Ord. 2017-23 § 1 (part), 2017).
20.139.040 Application requirements.
In addition to the general application requirements of the designated review level, applicants for a short-term rental permit and license and yearly renewals must pay the fees stated herein and provide the following additional information as required on the forms provided by the city. Applications which do not include all required information shall be deemed incomplete within twenty-eight days from application submittal. After applicant’s notice of incomplete application is deemed received, application must be complete within thirty days or nonconforming uses will be deemed abandoned as outlined in Section 20.139.100(E).
A. Verification that lodging and business taxes through the previous quarter from the expiration date have been remitted to the Washington State Department of Revenue for an existing short-term rental. If applying for a new short-term rental, then verification of lodging taxes will be done at the annual renewal of the license.
B. The application fee for a short-term rental permit is one hundred fifty dollars. There shall also be an additional license fee.
C. The annual renewal fee for a short-term rental permit is one hundred fifty dollars. There shall also be an additional license fee.
D. Statement that required parking spaces are available on the subject property. A parking layout shall be shown on the submitted site plan of the subject property.
E. Acknowledgment of receipt and review of a copy of the good neighbor guidelines. In addition, evidence that the good neighbor guidelines have been effectively relayed to short-term rental tenants through the rental contract or posting online or providing in a conspicuous place in the dwelling unit, or other similar method. This will be verified at the inspection.
F. Provide information identifying all websites and other locations where availability of the short-term rental is posted (such as VRBO/Air BNB/etc.) or advertised and any listing number(s). (The city issued permit and license number(s) must be part of any posting or advertisement of the short-term rental.)
G. Such other information the development services director or designee deems reasonably necessary to administer this chapter. (Ord. 2020-51 § 15, 2020; Ord. 2017-33 § 8, 2017: Ord. 2017-23 § 1 (part), 2017).
20.139.050 Development standards.
A. In addition to the requirements of Chapter 20.127, one additional off-street parking space is required of short-term rentals. The parking spaces must be provided on the property being rented.
B. Recreational vehicles and other similar vehicles, machines, or recreational devices are not permitted to be parked on site or within the public right-of-way related to short-term rentals.
C. Owner must have property insurance and liability coverage for the short-term rental.
D. Short-term rentals are prohibited to be utilized as event space.
E. If the unit is not an owner occupied short-term rental, then a local contact must be provided who is able to respond twenty-four hours a day, seven days a week to any complaints. The local contact must be within twenty-five miles of the Walla Walla city limits.
F. A short-term rental permit and license will not be issued if the owner is not current on lodging tax payments to the Washington State Department of Revenue for an existing short-term rental. If applying for a new short-term rental then verification of lodging taxes paid will be done at the annual renewal.
G. Owner or authorized agent is responsible for providing in a conspicuous location within the short-term rental the good neighbor guidelines.
H. Functioning carbon monoxide detectors and smoke detectors shall be kept in operating order and installed as required by the International Residential Code (IRC).
I. Functioning fire extinguisher(s) shall be installed within the short-term rental. Number and location will be determined based on the size of the structure during the inspection process.
J. If the short-term rental property has a pool then the pool must be fenced meeting the requirements of the IRC. (Ord. 2017-33 § 9, 2017: Ord. 2017-23 § 1 (part), 2017).
20.139.060 Term of annual permit and license.
A. Short-term rental permits and licenses shall be issued for a period of one year, with its effective date running from the date of issuance. The permit and license must be renewed annually. Applicable standards of this chapter must be met and the following renewal requirements must also be met:
1. Verification that all lodging taxes for year have been paid to the Washington State Department of Revenue.
2. Owner or authorized agent is responsible for scheduling the annual inspection.
B. The short-term rental permit and license will be issued in the name of the owner. If the property is sold, and the new owner or authorized agent continues the property as a short-term rental then the new owner or authorized agent is required to obtain a short-term rental permit and license and comply with the regulations outlined in this chapter. (Ord. 2017-33 § 10, 2017: Ord. 2017-23 § 1 (part), 2017).
20.139.070 Violation and repeat offenses.
A. It is unlawful to rent, offer for rent, or advertise for rent a dwelling unit located on any property within the city as a short-term rental without a permit and license authorizing such use that has been approved and issued in the manner required by this chapter.
B. Failure of the owner or the authorized agent or local contact of a short-term rental to respond to a nuisance complaint to the Walla Walla police department arising out of the occupancy and use of the short-term rental by a tenant, or the tenant’s visitors or guests, is a violation and will be fined as follows:
1. First call and violation received no charge;
2. Second call and violation received seven hundred fifty dollars;
3. Third call and violation received one thousand dollars; and
4. Fourth call and violation received permit and license revoked.
C. In addition to any other remedy provided by this chapter, a short-term rental permit and license issued pursuant to this chapter may be suspended, modified, or revoked for violations of this chapter, for violation of any other law on the premises of the short-term rental, or for the maintenance of such other conditions as may be shown to be injurious to the public health and safety.
D. A violation of Chapter 10.13, Stopping, Standing and Parking, as well as Title 8, Health and Safety.
E. Violation of this chapter shall be processed as outlined in Chapter 20.42.
1. The development services director shall determine whether a short-term rental permit and license should be suspended, modified, or revoked, and notify the applicant of that determination in writing.
2. The development services director’s determination under subsection (E)(1) of this section shall be appealable to the Walla Walla hearing examiner as provided in Chapter 20.38.
F. Violation of this chapter is additionally declared to be a nuisance. (Ord. 2017-33 § 11, 2017: Ord. 2017-23 § 1 (part), 2017).
20.139.080 Denial of application for a short-term rental.
An application for a short-term rental shall be denied if the approving authority finds that either the application or record fail to establish compliance with the provisions of this chapter. When any application is denied, the approving authority shall state the specific reasons, and shall cite the specific provisions and sections of this code on which the denial is based. (Ord. 2017-23 § 1 (part), 2017).
20.139.090 Appeal.
Decisions regarding short-term rentals may be appealed to the appropriate appellate body as prescribed in Chapter 20.38, Closed Record Decisions and Appeals. (Ord. 2017-23 § 1 (part), 2017).
20.139.100 Elimination of type 2 short-term rentals.
A. Short-term rental type 2 is not a permitted use in the city of Walla Walla.
B. Only those type 2 short-term rentals that were lawfully established and existing as of November 9, 2017, will be allowed as nonconforming uses. Such uses may not be significantly changed, altered, extended, or enlarged and must cease as provided herein. A use shall not be considered lawfully established and existing unless the owner proves all of the following:
1. That a location was used for short-term rental use during 2017 prior to November 9th;
2. That the use was continuing as of November 9, 2017, and not merely intermittent or occasional;
3. That the owner registered the short-term rental use and obtained a business registration card from the city of Walla Walla in accordance with Chapter 20.142 before November 9, 2017; and
4. That all applicable taxes were fully and timely paid for all short-term rental use that occurred prior to November 9, 2017.
C. Type 2 short-term rentals established and existing as of November 9, 2017, must obtain a short-term rental permit and license, and must apply for such permit and license by no later than February 1, 2018. In addition to the information required by Chapter 20.14 and Section 20.139.040, the applicant must provide proof of a lawfully established and existing short-term type 2 rental use predating November 9, 2017, as provided in subsection B of this section and the scope and extent of such use. Failure to timely apply for a short-term rental permit and license or to provide proof of lawful use shall be conclusive evidence that such use was not lawfully established or existing as of November 9, 2017, and neither a permit nor a license shall be issued for such locations.
1. The development services director shall determine whether a type 2 short-term rental use was lawfully established and existing as of November 9, 2017, and notify the applicant of that determination in writing.
2. The development services director’s determination under subsection (C)(1) of this section shall be appealable to the Walla Walla hearing examiner as provided in Chapter 20.38.
D. Type 2 short-term rentals must meet the requirements of Sections 20.139.040 and 20.139.050(B) through (J). Failure to satisfy such requirements shall be grounds for imposition of penalties and suspension, modification or revocation of permits and licenses as provided in Section 20.139.070. Revocation of a short-term rental permit or license for noncompliance shall terminate any right to continue type 2 short-term rental use; such use must immediately cease upon permit or license revocation, and type 2 short-term rental uses may not be reestablished at such locations.
E. Permits and licenses for short-term rentals must be timely renewed each year. Renewal applications must provide proof that type 2 short-term rental use continued throughout the preceding year. Type 2 short-term rental use must cease if such use has been discontinued or abandoned. Intent to discontinue and abandon a type 2 short-term rental use shall be presumed if a location was not rented at least a total of twenty-nine days during the preceding year. An owner may rebut such presumption by presenting proof that the failure to sufficiently rent a location was due to conditions over which the owner had no control. Discontinued and abandoned uses may not be reestablished, and no permit or license for a discontinued or abandoned type 2 short-term rental use shall be renewed.
1. The development services director shall determine whether a type 2 short-term rental use has been discontinued or abandoned, and notify the applicant of that determination in writing.
2. The development services director’s determination under subsection (E)(1) of this section shall be appealable to the Walla Walla hearing examiner as provided in Chapter 20.38.
F. Type 2 short-term rental use must cease if a location is not rented for short-term use for six consecutive months or more. When a location is not rented for type 2 short-term use for six consecutive months or more, the use shall be deemed vacated even if the use has been unintentionally vacated.
1. The development services director shall determine whether a type 2 short-term rental use has been vacated, and notify the applicant of that determination in writing.
2. The development services director’s determination under subsection (F)(1) of this section shall be appealable to the Walla Walla hearing examiner as provided in Chapter 20.38.
G. Taxes and fees for type 2 short-term rental uses must be timely and fully paid. Failure to timely and fully pay any applicable taxes or fees shall be deemed discontinuance of type 2 short-term rental use, and such use must immediately cease. Type 2 short-term rental uses may not be reestablished at such locations until delinquent taxes and fees are fully paid. (Ord. 2017-33 § 12, 2017).