Ferndale Zoning Code § 7.26 Vacation Rentals: (This Section added by Ordinance 2017-01 on September 20, 2017)

• 7.26.1 PURPOSES AND SCOPE: The specific purposes of vacation rental regulations are:

  • a. To regulate the location and number of vacation rentals within Ferndale.

  • b. To mitigate impacts on parking by requiring the use of existing off-street parking facilities.

  • c. To minimize disruptions to and protect the character of Ferndale.

  • d. To minimize disruptions to neighborhoods.

  • e. To require a vacation rental to operate with a valid business licenses and pay all applicable taxes and fees.

  • 7.26.2 DEFINITIONS: For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

    • a. BUSINESS LICENSE . Business license means the license required by Chapter 5.04 of this Code.

    • b. GUEST GUIDE . A document provided to occupants by the property owner that summarizes general rules of conduct, consideration, respect, and potential remedial actions. In particular provisions, for parking, occupancy limits, emergency response, and 3/6/2014 City of Ferndale Zoning Ordinance 02-02 Page 58 minimizing noise and quiet hours shall be included.

    • c. OCCUPANT . As used in this chapter, an occupant is a person sleeping overnight at a vacation rental.

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• f. PROPERTY . A parcel of land in its entirety, including all structures within the parcel boundaries.

• g. TRANSIENT OCCUPANCY TAX . A tax charged to transients for the privilege of overnight accommodation.

• h. TRANSIENT USE . Any use of a dwelling or portion thereof to provide temporary, overnight accommodations to an occupant for compensation. For purposes of this definition, “temporary” means 30 days or fewer.

• i. VACATION RENTAL . An entire residential property containing a single-family residence including any detached guest quarters that is rented to one party at a time for transient use with no owner or manager on site. The dwelling shall provide complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

• j. VISITOR . A guest of an occupant visiting temporarily at a vacation rental, but not an overnight “occupant”.

• 7.26.3 GENERAL PROVISIONS

  • a. Permit.

    • i. No property may be used as a vacation rental without first obtaining a permit from the City pursuant to this chapter. Except as otherwise required below, the review and issuance of a vacation rental permit shall be a ministerial act, without discretionary review or public hearing.

    • ii. The maximum number of active Vacation Rental permits shall be twentyfour (24).

    • iii. Property owners with a permitted Vacation Rental in Ferndale shall not be issued an additional concurrent Vacation Rental Permit.

    • iv. Vacation rental permits shall be subject to annual review and renewal by the City.

• Except as expressly provided herein, a vacation rental permit shall expire without further action of the City if any of the following events occur: (a) the business license for the operation of the vacation rental becomes invalid or expires without being renewed within 10 days of the expiration date; (b) any tax applicable to the property or business is delinquent for more than 30 days; or (c) the property is declared to be a nuisance pursuant to this Code and the nuisance condition is not cured within 30 days.

  • If the permit expires, a new vacation rental permit shall be required.

  • v. Upon the transfer or conveyance of property for which a valid, nonexpired vacation rental permit has been issued, the permit shall remain valid and inure to the new property owner, provided that the new property owner completes an application to renew the permit and obtains a business license to operate the vacation rental within two months of the date of the transfer or conveyance.

  • b. Complete and accurate applications for vacation rental permits shall be filed with the City Clerk on forms provided by the City.

  • c. Fees. Vacation rental permit applications shall be accompanied by fees established by resolution of the City Council to cover the cost of handling the application and inspections as prescribed in this subchapter.

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• d. Business License. Following the approval of a vacation rental permit, the property owner or vacation dwelling unit manager shall obtain a business license before commencing operations.

• 7.26.4 DEVELOPMENT STANDARDS. All vacation rentals shall comply with the following development standards.

  • a. Minimum separation. Within any R District where permitted, the minimum distance between Vacation Rentals shall be 600 feet as measured from the property line. Upon written application and payment of a fee, the Planning Commission, following a public hearing, may grant a reduced distance waiver.

  • b. Each applicant shall designate a local contact on the application form, including a phone number and email address. That contact may be the property owner, property manager, or designee, and that person shall live within 30 miles of the city limits so that he or she can respond personally to an emergency. The City shall forward the contact phone number to the Ferndale police and FVFD dispatch. The property owner shall immediately notify the City Clerk in writing of any changes to the designated contact person or number.

  • c. Visitors are allowed on the premises between 7:00 a.m. and 10:00 p.m. d. Events. In any R District where permitted, events that include more than 12 visitors shall require a special event permit.

  • e. Trash and refuse shall not accumulate or be stored within public view.

  • f. Emergency preparedness information regarding local hazards, such as earthquakes and ocean related hazards, in a form approved by the city shall be posted within the vacation rental in an easily visible location, such as the entry or kitchen area.

• g. The property owner shall act in good faith to resolve complaints regarding the vacation rental, and engage in dispute resolution with neighbors. The City shall investigate any vacation rental with recurrent emergency calls or complaints.

  • h. If the vacation rental owner or contact is deemed to be negligent in responding to an emergencies or disturbances of the peace more than 2 times in a 12-month period, or if more than 2 documented law enforcement violations occur in any 12-month period, the vacation rental permit may be revoked. The City may also revoke a permit if the vacation rental is deemed chronically non-compliant with the provisions of this chapter, or is negligent or remiss in correcting noted Building or Fire Code violations or issues. Documented, significant violations may include copies of citations, written warnings, or other documentation maintained by law enforcement, Fire Department, or Building Department.

  • i. Vacation rentals with gated entries shall have a Fire Department approved device that permits emergency response vehicles and personnel to enter the property.

  • j. Existing off-street parking, including covered parking, as required for dwellings in 7.16.2 shall be reserved for occupants of the vacation rental. Occupants shall be encouraged to park in existing legal off-street parking spaces.

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• k. The existence of the vacation rental shall not be apparent beyond the boundaries of the property. The vacation rental shall not change the residential or commercial character of the property or neighborhood by the use of colors, materials or lighting.

• 7.26.5 APPLICABLE TAXES: The rental or other contractual use of a vacation rental shall be subject to a Transient Occupancy Tax (“TOT”) and any other mandated taxes. Each vacation rental owner and/or manager shall comply with Article 9 of the City’s Business Ordinance (06-01) that addresses the collection, record keeping, reporting and remittances of applicable TOT.

• 7.26.6 APPEALS

  • a. Except as provided in division (b) of this section, within fifteen (15) days following a decision of the Planning Commission on a Vacation Rental distance waiver permit application, that decision may be appealed to the City Council by the applicant or any property owner located within 300 feet of the vacation rental property. An appeal shall be filed with the City Clerk, and state specifically wherein it is claimed there was an error or abuse of discretion by the Planning Commission. Notice of the date, time and place of an appeal to the City Council shall be provided to all property owners located within 300 feet of the vacation rental property at least ten days prior to the appeal meeting.

  • b. The decision of the City Manager to deny the annual permit renewal may be appealed to the Planning Commission solely by the applicant.