HomeMy WebLinkAbout3714ORDINANCE NO. 3 7 14t
AN ORDINANCE of the City of Port Angeles, imposing a
moratorium on the designation, permitting, construction,
development, expansion, remodeling, creation, locating, and
siting of short term rental uses, structures, residences,
businesses, lots, zones, buildings.
WHEREAS, a short term rental is a residential dwelling or portion thereof, either
detached or attached, rented out on a nightly basis for less than 30 days to an individual,
family, or group of transient guests, is not a permitted hotel, motel, or bed and breakfast, and
includes structures, buildings, and residences where the owner or manager is either on site or
not, and includes but is not limited to properties that are advertised on internet platforms such
as Airbnb and HomeAway, and
WHEREAS, PAMC 17.08.095.13 defines a short term rental as a lodging or guest
rooms used, rented or occupied for guest sleeping purposes for a period of time 30 days or less,
and that contain kitchen facilities for food preparation, including, but not limited to, refrigerators,
stoves and ovens. This definition includes dwelling units used, rented or hired out for vacation
homes or short-term rentals that allow guests to stay for 30 days or less., and
WHEREAS, short term rentals are currently allowed in Residential Medium Density,
Residential High Density, Commercial; Commercial Arterial, and Commercial Regional
zones within the City of Port Angeles; and
WHEREAS, short term rentals that are currently operating outside of Residential
Medium Density, Residential High Density, Commercial; Commercial Arterial, and
Commercial Regional zones within the City of Port Angeles are operating illegally; and
WHEREAS, the City of Port Angeles expects to be engaged in the process of drafting,
reviewing, and seeking public input and testimony, for several months, regarding regulations
applicable to short term rentals, and
WHEREAS, the City of Port Angeles expects to receive large volumes of public input
regarding potential regulations pertaining to short term rentals and expects said public input
will be both positive and negative, and
WHEREAS, anecdotal evidence indicates that short term rentals have increased to a
great extent in the City of Port Angeles and continue to rise, and
WHEREAS, short term rentals have potential negative impacts on residential areas
not originally anticipated, including but not limited to nuisance impacts such as excess
garbage, insufficient parking, excess noise, trespassing, infringement upon privacy, lack of
sewer capacity, increased fire risk, zoning code violations, inadequate insurance coverage,
excess demands upon law enforcement, and other negative impacts on the peaceful enjoyment
of neighborhoods and public health, safety, and welfare, and
WHEREAS, notice of a public hearing was published on May 23, 2023, on whether a
moratorium on short term rentals should be enacted, and
WHEREAS, the Council conducted a public hearing on June 6, 2023,
NOW, THEREFORE, BASED ON THE FOREGOING AND ON THE TESTIMONY
AND COMMENTS RECEIVED IN THE PUBLIC HEARING,
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. The following Findings are hereby adopted:
The proliferation of short term rentals has a potential negative impact on the economy of the
City of Port Angeles, exacerbating the scarcity of affordable housing for permanent residents
as well as excess demands on public services and facilities. In order to have effective and
appropriate regulation of short term rentals, the City of Port Angeles needs to maintain the
status quo until such time as the new short term rental regulation adoption and
implementation process finalizes. A moratorium pertaining to the designation, permitting,
construction, development, expansion, remodeling, creation, locating, and siting, etc., of short
term rental uses, structures, residences, businesses, lots, zones, buildings, etc., needs to be
enacted.
Section 2. Moratorium Imposed. A moratorium is imposed in the City's
Residential Medium Density and Residential High Density zones on the designation,
permitting, construction, development, expansion, remodeling, creation, locating, and siting
of new short term rental uses, structures, residences, businesses, lots, zones, buildings located
in Residential Medium Density and Residential High Density zones. This moratorium does
not apply to the rental of individual rooms within a house where the owner resides, owners
renting out their homes while they are on vacation, or where the entire housing unit is rented
out for 30 days or less during a calendar year.
Section 3. Duration of Moratorium. The moratorium imposed by this Ordinance
will be in effect for a period not to exceed six months, beginning on the date of the adoption of
this Ordinance.
Section 4. Non -Codification. This Ordinance shall not be codified in the Port
Angeles Municipal Code.
Section 5. Ratification. All actions taken in furtherance of and not inconsistent with
this ordinance are ratified and confirmed in all respects.
Section 6. Severability. If any provisions of this Ordinance, or its application to any
person or circumstances, are held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is not affected.
Section 7. Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of the scrivener's/clerical errors, references to other local, state, or federal laws, codes,
rules or regulations, or ordinance numbering, section/subsection numbers and any references
thereto.
Section 8. Savings Clause. Those portions of Ordinance 3688 which are repealed or
amended by this ordinance shall remain in force and effect until the effective date of this
ordinance. Such repeals and amendments shall not be construed as affecting any existing right
acquired under the ordinances repealed or amended, nor as affecting any proceeding instituted
thereunder, nor any rule, regulation, or order promulgated thereunder, nor the administrative
action taken thereunder. Notwithstanding the foregoing actions, obligations under such
ordinances or permits issued thereunder and in effect on the effective date of this ordinance shall
continue in full force and effect, and no liability thereunder, civil or criminal, shall be in any way
modified. Further, it is not the intention of these actions to reenact any ordinances or parts of
ordinances previously repealed or amended, unless this ordinance specifically states such intent to
reenact such repealed or amended ordinances.
Section 9. Effective Date. This Ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This ordinance shall take
effect five (5) days after passage and publication of an approved summary thereof consisting of
the title.
PASSED by the City Counci ( of the City of Port Angeles at a regular meeting of said
Council held on the _day of , 2023.
Kate Dexter, Mayor
William E. Bloor, City Attorney
ATT �T:
Kari Martinez -Bailey, City k
Summary of Ordinances Adopted by the Port Angeles City Council on June 6, 2023
ORDINANCE NO.3714
AN ORDINANCE of the City of Port Angeles, imposing a moratorium on the designation, permitting,
construction, development, expansion, remodeling, creation, locating, and siting of short term rental uses,
structures, residences, businesses, lots, zones, buildings.
This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not
subject to referendum. This Ordinance shall take effect five (5) days after passage and publication of an
approved summary thereof consisting of the title.
The full texts of Ordinances are available at City Hall in the Clerk's office, on the City's website at
or will be mailed upon request.
Kari Martinez -Bailey
City Clerk
Published by summary: Saturday June 10, 2023