16.26.050 Approval criteria – New and renewal.
A. The applicant has the burden of proof to demonstrate compliance with each of the applicable criteria for approval or renewal of the short-term rental permit. The approval criteria also operate as continuing code compliance obligations of the owner. Staff may verify evidence submitted and the applicant shall cooperate fully in any investigation.
B. To receive approval, an applicant must demonstrate that all approval criteria listed below have been satisfied:
1. The zoning for the property is in compliance with the requirements of this title.
2. The site upon which the short-term rental use is to be established is adequate in size and shape to accommodate said use.
3. The residential character of the neighborhood in which the use is located will be maintained and preserved and the issuance of the permit will not be detrimental to the public health, safety, and welfare of the residents in the neighborhood or detrimental to the community within the vicinity in which the short-term rental is located.
4. The property owner is a permanent resident of the state of Alaska, as defined in this chapter.
5. Local Contact Information. The applicant has provided information sufficient to verify that a local contact will be available for questions and/or concerns regarding the short-term rental. The local contact shall be available to be contacted by telephone, text, or email to ensure a response to complaints regarding the short-term rental address at all hours (24 hours a day, seven days a week) while the dwelling unit is occupied for rent. Response must be within one hour. The local contact may be changed from time to time throughout the term of the short-term rental. To do so, the revised contact information shall be submitted to the planning department at least 30 days prior to the date the change takes effect to allow notification of property owners within a minimum of 1,200 feet of the lot lines of the short-term rental, except when the failure to do so is beyond the owner’s control. In an emergency or absence, the local contact may forward information to a qualified person to act in their stead.
6. Notice. Prior to approval of a short-term rental permit, the city planner must notify all owners of property within a minimum of 1,200 feet of the lot lines of the short-term rental by first-class mail that a permit application has been received and is pending approval by either the city planner or planning commission, as appropriate. The applicant will be responsible for the postage fees for the mailing. The notice shall be mailed at least 10 business days prior to making a final determination on the application. The notice must provide a brief description of the use requested by the applicant, the anticipated date the permit will be issued, and where information regarding the application may be obtained. For permits that require conditional use approval from the planning commission, the notice will also indicate the date, time, and location of the public hearing.
7. Parking. The short-term rental must have a minimum of two on-site parking spaces for exclusive use of the renters while the unit is occupied by a renter. When the unit consists of more than four bedrooms, each additional bedroom or sleeping area beyond the first four requires one additional dedicated parking space. No portion of any such required parking stall shall be located within either a required front or street side yard setback area, except on a designated driveway or parking area. Grassed or landscaped areas of the yard may not be utilized for required parking spaces. All required parking spaces shall comply with the parking standards in WMC 16.24.040, except for the minimum number of required parking spaces. On-street parking is prohibited for short-term rental units.
8. Inspection. Prior to issuance of the short-term rental permit, the owner(s) shall request and pay the applicable fee for an inspection from a licensed commercial or home inspector to confirm that the required fire and safety protection measures required in this chapter are in place and functioning, including but not limited to smoke detectors, carbon monoxide detectors, fire extinguishers, operable egress windows in each bedroom, an evacuation plan posted conspicuously in each sleeping area, repair of any exposed wiring, water heater inspection, required safety measures for pools (if applicable), and exterior stairwells (if applicable). By accepting a short-term rental permit, the owner agrees to allow on-site inspections by the city at reasonable times with reasonable notice.
9. The city planner (or planning commission when required) shall have the authority to place reasonable conditions on the permit to ensure that the use will comply with the general approval criteria in WMC 16.16.050. (Ord. 19-29(SUB)(AM) § 2, 2020)