Sonoma County does NOT require vacation rentals to be a primary residence. Sec. 26-88-120 applies precisely to whole-house rentals where there is no primary owner in residence. Owner-occupied 'hosted rentals' are instead governed by Sec. 26-88-118, and a primary owner in residence is exempt from the vacation rental rules.
Sonoma County's framework distinguishes whole-house vacation rentals from owner-occupied hosted rentals, rather than imposing a primary-residence-only mandate. Sec. 26-88-120(b) states the vacation rental provisions apply to all vacation rentals 'except where there is a primary owner in residence,' meaning a whole-house vacation rental does not need to be the owner's primary home. Conversely, when the property owner lives on-site and rents a room, the use is a 'hosted rental' regulated under Sec. 26-88-118, not Sec. 26-88-120. For hosted rentals, 'primary owner' means an owner who resides in the property for a majority of the year and has no other primary residence; a hosted rental zoning permit expires on sale or transfer, or when the property is no longer occupied by a primary owner. The code clarifies that a whole-house vacation rental is not a hosted rental even if the owner resides in another dwelling unit on the same property. Sec. 26-88-120(b) also excludes timeshares, LLC/corporate ownership, and fractional ownership of six or more interests from the 'primary owner' definition, and bars vacation rentals in second dwelling units and deed-restricted housing.
There is no primary-residence violation as such for vacation rentals. However, operating a whole-house vacation rental that is misrepresented as a hosted rental, or operating in a structure barred by Sec. 26-88-120(b) (such as a second dwelling unit or deed-restricted unit), violates the section and is subject to enforcement under Chapter 1.
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