Short Term Rental Community Assembly November 7, 2014
Purpose Stakeholder Task: Develop a recommendation for rental of property less than thirty days in residential zones. Complaints-short term rental is considered a commercial use Commercial uses are not permitted in residential zones Issue is facing many communities Code changes are focused on impact mitigation to protect residential character of neighborhoods Addressing fire safety and code compliance to ensure necessary safety and neighborhood impacts are required.
PROCESS TIMELINE Comp Plan & Zoning OVERVIEW City of Spokane Municipal Code Land Use Goal: LU 1.3 Single-Family Residential Areas: Character protected. SMC 17C.190.110Tenancy under 30 days not considered residential. They are transient lodging-part of Retail Sales and Service. SMC 17C.190.270 Retail Service: temporary lodging with average length of stay less than 30 days.
Project Scope Project Scope: Develop recommendations on how the City of Spokane can respond to short term rental of residential properties in zones that currently do not allow such activities. Role of Stakeholders: Represent the various viewpoints of the lodging, real estate, and tourism sectors to help craft solutions and develop recommendation to take through the public process. Stakeholder Group met from May-October
Stakeholder Process Representation Short Term Rental Operators Bed and Breakfast Spokane Hotel Motel Association Visit Spokane Community Assembly Real Estate Legal Planning Meetings Summary What other cities have done Applicable building codes Goals in the Comp Plan Stakeholder Recommendation
Regulations Present in Other Cities Various Approaches Not permitted Modification of existing zoning Added new process to allow
State Building Code Sprinkler and American Disability Compliance Information for short term rental operators
Review of Recommendation Permitting Requirements Short Term Rental allowed by right. Over the Counter Permit. Type III Conditional Use Review - Administrative Permit - Quasi judicial land use decision - Permit related inspection - Permit related inspection - May be revoked if failure to comply with regulations Yes No Yes No Number of Bedrooms Option #1: 1-2 bedrooms Option #2: 4 or less bedrooms Option #1: 3-5 bedrooms Option #2: 5 or more bedrooms Owner Occupancy Status Option #1: Must be owner occupied Option #2: Can be non-owner occupied (whole dwelling unit) Yes No Yes No Can be non-owner occupied
Review of Recommendation Yes No Yes No Strategies to Limit Impact on Single Family Residential use Building Type Bedroom Requirements Discussion #1: Limit number of Licenses per neighborhood Discussion #2: Limit number of people that can stay Discussion #3: Limit Non-owner Occupied; no limit on owneroccupied. Discussion #4: Include "Hardship" clause for flexibility if permit limit reached in zones. Not applicable, this type goes through substantial review under conditional use process Allow in houses, attached houses, duplexes, apartments, condos Allow owners of dwellings to rent out. Tenants of apartments, condos, other rented units must comply with lease/rent agreements. Only Owner may apply for Type B Legal definition of a bedroom: Two points of egress, direct access to the room, no less than 7 feet in any horizontal direction, no less than 70 square feet (IRC) Number of Guests Total Occupancy equals: 2 people per bedroom multiplied by total number of rooms. Maximum number set through the Conditional Use Review.
Review of Recommendation Operator sends a notice, including their Required Notice contact information, to all recognized Public notice sent to property owners and recognized organizations and owners of property organizations within 400 feet of the residence for Type III abutting and directly across the street from Conditional Uses. Must provide "welcome information" to the residence. Must provide "welcome guests which details safety info, emergency contact info, etc. information" to guests which details safety info, emergency contact info, etc. Do not allow nonresident employees. Allow Continue to allow nonresident employees for activities such Employees hired service for normal maintenance of the as booking rooms and food preparation. Maximum number residence or site, such as yard maintenance and activities of nonresident employees can be set through and housecleaning. the conditional use process. Other Requirements Special Events or Commercial Do not allow commercial meetings. Continue to allow through a Type III Conditional Use. Insurance Proof of insurance for city requirements Licensing Business license application, business license Taxing Lodging, retail sales taxes Insurance Must provide proof that STR activity is covered Proof of insurance as part of Conditional Review process Parking Spokane Municipal Code Chapter 17C.230 Parking and Loading Noise Spokane Municipal Code Chapter 10.08D Noise Control Screening Spokane Municipal Code Chapter 17C.200 Landscaping and Screening Food Service Spokane Regional Health Department Smoking, Water Recreational facilities, Septic tanks Spokane Regional Health Department State License State License requirement per WAC 246-360-010
Recommendation Summary Items for Review: 1) Number of bedrooms a) Over the counter permit 1-2 bedrooms or b) Over the counter permit 4 or less 2) Owner occupied or non-owner occupied a) Owner occupied or for over the counter permit b) Non-owner occupied for over the counter permit 3) Limit on residential character a) Limit number of short term rental permits based on neighborhood b) the number of people that can stay c) limit number of non-owner occupied permits d) include hardship clause
Spokane Zoning Code Changes Draft, Tentative Public Participation Public Participation Public Participation Public Participation Councilman Allen is pursuing a concurrent process to amend the State Building Code to allow an exemption of sprinkler and American Disability Accessibility requirements in 1-2 bedroom rentals.
Community Assembly s Role Take the recommendation back to the neighborhoods for review Provide feedback by using the check boxes on the Recommendation Review