This chapter shall be known as the “Clatsop County Short-Term Rental Ordinance” and may be cited and pleaded as such.
(Ord. 2018-01 § 1; Ord. 2018-09 § 1; Ord. 2019-04 § 1; Ord. 2022-03 § 1)
A.
The purpose of this chapter is to regulate short-term rentals in order to enhance public safety and livability within Clatsop County.
B.
The findings attached as Exhibit “A” to the ordinance codified in this chapter are incorporated herein by reference.
(Ord. 2018-01 § 2; Ord. 2018-09 § 1; Ord. 2019-04 § 1; Ord. 2022-03 § 1)
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this chapter.
(Ord. 2018-01 § 3; Ord. 2018-09 § 1; Ord. 2019-04 § 1; Ord. 2022-03 § 1)
This chapter shall not substitute for nor eliminate the necessity for conformity with any and all laws or rules of the State of Oregon, or its agencies, or any ordinance, rule, or regulation of Clatsop County.
(Ord. 2018-01 § 4; Ord. 2018-09 § 1; Ord. 2019-04 § 1; Ord. 2022-03 § 1)
This chapter shall supersede, control and repeal any inconsistent provision of any County ordinance as amended or any other regulations made by Clatsop County except Chapter 5.24 of this code, which will take precedence within the Arch Cape Rural Community Zones.
(Ord. 2018-01 § 5; Ord. 2018-09 § 1; Ord. 2019-04 § 1; Ord. 2022-03 § 1)
This chapter shall apply within the unincorporated areas of Clatsop County including within urban growth boundaries, but shall not apply within the boundaries of any incorporated city or within the unincorporated area of Arch Cape. Provided, for short-term rentals located within an urban growth boundary, and subject to an Urban Growth Boundary Management Agreement, the requirements in the Urban Growth Boundary Management Agreement will apply. This chapter does not apply to hotels, motels, bed and breakfast facilities, hostels, licensed or registered campgrounds or RV parks, or other traveler’s accommodation which are inspected and licensed pursuant to Oregon Administrative Rule.
(Ord. 2018-01 § 6; Ord. 2018-09 § 1; Ord. 2022-03 § 1; Ord. No. 24-19, 1/22/2025)
The following definitions apply to this chapter:
means a person who is certified by DEQ to construct or install or oversee the construction or installation of onsite sewage disposal systems.
means a person who is certified by DEQ to inspect, maintain, or certify or supervise maintenance on onsite systems using alternative treatment technologies, recirculating gravel filters, sand filters, or pressurized distribution systems.
means a lined pit that receives raw sewage, allows separation of solids and liquids, retains the solids, and allows liquids to seep into the surrounding soil through perforations in the lining.
means the owner, or if designated on the application for a permit, the agent of the owner, authorized to act for the owner.
is the Oregon Department of Environmental Quality.
means a permanent structure constituting a separate independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking, sleeping and sanitation facilities.
is the Building Official, code compliance specialist, and/or person designated by the Clatsop County Manager to enforce the provisions of this chapter.
means an alternative system consisting of the combination of a holding tank, service riser, and level indicator (alarm), designed to receive and store sewage for intermittent removal for treatment at another location.
means any existing or proposed subsurface on-site wastewater treatment and dispersal system, including, but not limited to, a standard subsurface, alternative, experimental, or non-water-carried sewage system.
is the owner or owners of a short-term rental.
means a short-term rental permit.
means every natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government or any other group or combination acting as a unit.
means an agreement granting the use of a dwelling unit to a person. Use of a dwelling unit by a recorded owner or other person or persons without monetary consideration shall not be considered to be a rental under this chapter.
means the use of a dwelling unit granted to a person in exchange for monetary consideration.
is a person who rents a short-term rental.
means a building code or ordinance violation involving those construction, protection and occupancy features necessary to minimize danger to life from fire, including smoke, fumes or panic as well as other considerations that are essential to life safety.
means a person with a valid license issued by DEQ to perform those services.
is a dwelling unit (including any accessory guest house on the same property) that is rented to any person or entity for a period of up to 30 consecutive nights.
is a fully enclosed habitable space within a dwelling unit designed, intended, or used for sleeping. The sleeping room shall have a permanent heat source and an emergency egress or rescue opening within the sleeping room itself. The emergency egress and rescue opening shall meet the minimum standards of the current Oregon Residential Specialty Code. Tents and recreational vehicles shall not be considered a sleeping area and shall not be used as a short-term rental unit.
(Ord. 2018-01 § 7; Ord. 2018-09 § 1; Ord. 2019-04 § 1; Ord. 2022-03 § 1)
All short-term rentals shall comply with the following standards:
A.
No more than one dwelling unit may be rented on a single lot or parcel.
B.
All applicable County transient room taxes shall be paid pursuant to County Code of Regulations Chapter 3.16.
C.
D.
The owner or contact person shall attempt to contact a renter by phone, text, email and/or other method within 20 minutes of receiving any complaint concerning the conduct of a renter.
E.
Renter Notification Requirements: The current short-term rental permit and "Good Neighbor" flyer shall be permanently and prominently displayed inside and near the front entrance of the short-term rental and provided to adjacent property owners within 300 feet of the property, and shall list the following:
1.
The name, address, email and phone number of the owner and designated agent;
2.
The maximum occupancy and vehicle limits for the short-term rental unit;
3.
Identification of the number and location of parking spaces available;
4.
A map showing the property boundaries;
5.
For properties within a tsunami inundation zone, the tsunami evacuation route;
6.
Emergency information regarding power outages, wildfires and landslides, in addition to tsunamis;
7.
An informational statement to remind renters to remove all trash from the beach;
8.
An informational statement cautioning renters to make sure all fires are extinguished before leaving the beach;
9.
The County shall, within seven calendar days of the issuance of the short-term rental permit, provide a copy of the permit, "Good Neighbor" flyer, and contact information for the designated agent to property owners within 300 feet of the subject property. The property owner shall provide the required payment, as established by the Clatsop County Board of Commissioners.
F.
Solid Waste Disposal: The owner shall provide covered garbage containers that shall be secured with tight-fitting covers at all times to prevent leakage, spilling or littering. All garbage must be placed and be kept in secured containers provided for that purpose. A container shall be considered "secure" if the lid is able to be fully closed and the lid will remain closed even after all trash has been placed in the container. If needed, multiple secure containers shall be provided. Containers shall not block access to the property or dwelling unit. Garbage shall be removed a minimum of one time per week unless the short-term rental is not rented. Owners shall provide guests with information about recycling opportunities.
G.
At least one functioning fire extinguisher shall be accessibly located on each floor within the dwelling unit.
I.
A smoke detector must be provided and maintained in each sleeping area, outside each sleeping area in its immediate vicinity and in each additional story and basement without a sleeping area.
J.
All fireplaces, fireplace inserts and other fuel burning heat sources shall be properly installed and vented.
K.
All interior and exterior stairways with four or more steps and that are attached to the structure, must be equipped with a hand railing.
L.
All interior and exterior guardrails, such as deck railings, must be able to withstand a 200 pound impact force.
M.
Emergency Escape and Rescue Openings:
1.
Sleeping areas in premises rented as a short-term rental shall have at least one operable emergency escape and rescue opening. Sill height shall not be more than 44 inches above the floor. Openings shall open directly into a public way or to a yard or court that opens to a public way.
2.
Minimum net clear opening at grade floor openings shall be five square feet and 5.7 square feet at upper floors. Minimum net clear height is 24 inches and net clear width is 20 inches. If the emergency escape or rescue opening does not meet these standards, then an alternative may be accepted by the Clatsop County Building Official that meets the standards of the Oregon Residential Specialty Code.
3.
A sleeping area in a short-term rental that lacks the required emergency escape opening shall not be used as a sleeping area. Where equipped with a door, it shall remain locked at all times when the dwelling is being used as a short-term rental. Such a noncompliant sleeping area shall not be included in the maximum occupancy calculation for the short-term rental. The owner or contact person shall notify every renter, in writing, that the noncompliant sleeping area may not be used for sleeping.
N.
Exterior hot tubs shall have adequate structural support and shall have a locking cover or other barrier to adequately protect against potential drowning when a hot tub is not available for permissive use.
O.
Occupancy: The maximum occupancy for a short-term rental unit shall be calculated on the basis of the lesser of either: (1) the maximum on-site sanitary capacity, as approved by the Clatsop County Environmental Health Division; or (2) an average of two persons per sleeping area, up to a maximum of 14 persons. For the purpose of maximum occupancy, those under two years of age shall not be counted. Tents and recreational vehicles shall not be used to increase the number of people approved to occupy a short-term rental.
P.
Parking:
1.
There shall be at least one off-street parking space available for each approved sleeping area in short term rental, plus one additional parking space.
2.
If otherwise permitted, trailers for boats and all-terrain vehicles will be allowed in available off-street parking spaces.
3.
Parking shall not, under any circumstances, hinder the path of any emergency vehicle. Renters may be cited and fined under existing State law in the event they park illegally.
4.
The owner or contact person shall notify every renter in writing of the required off-street parking and other parking spaces available to serve the short-term rental.
Q.
A house number, visible from the street, shall be maintained.
R.
If the property is not connected to a public sewer the on-site wastewater treatment system must be able to handle the capacity of the number of bedrooms of the home and the total number of occupants. The owner must either provide an existing system evaluation report for on-site wastewater systems completed by a DEQ qualified evaluator, or provide current DEQ records showing appropriate capacity. Cesspools are prohibited for use with short-term rentals. A holding tank may be used if the owner has a signed pumping contract with a DEQ licensed sewage disposal service, and an alarm system that meets DEQ requirements.
S.
The owner shall provide annual water sampling results for non-regulated water supplies, including private wells and springs. The results should include bacteria and nitrate levels, results for inorganic materials and volatile organic chemicals.
(Ord. 2018-01 § 8; Ord. 2018-09 § 1; Ord. 2019-04 § 1; Ord. 2022-03 § 1; Ord. No. 24-19, 1/22/2025)
A.
An owner shall obtain and maintain a current permit whenever a dwelling unit is used as a short-term rental.
B.
Before commencing or continuing operation of a short-term rental the owner shall apply for and pay the appropriate fee for a permit. Following receipt of a completed application, the required permit fee and supporting documents as listed on the application checklist, inspections will be scheduled by Clatsop County Environmental Health and Building Codes Division. Upon final approval Clatsop County Environmental Health and Building Codes Division, a permit shall be issued to the owner which shall be good for two years from the date issued, or such period as provided in subsection G below.
C.
Any new short-term rental owner shall obtain a permit prior to using a dwelling for that purpose.
D.
An application for a short-term rental permit shall be completed and submitted to Clatsop County by the owner of the short-term rental on forms provided by Clatsop County and shall include, or be followed by, the following information:
1.
A list of all property owners of the short-term rental including names, address and telephone numbers. Property ownership, for the purposes of this chapter, shall consist of those persons listed on the Clatsop County tax records.
2.
An application for certification by the Clatsop County Building Official to verify that the short-term rental complies with standards found in Section 5.12.080.
3.
A development permit from the Clatsop County Planning Department verifying that the proposed use is permitted in the zone where the building is located, that all required parking is provided on site, and that no violations exist on the property.
4.
The name, address and telephone numbers of a contact person who shall be responsible and authorized to respond to complaints concerning the use of the short-term rental.
5.
Proof of liability insurance coverage on the short-term rental.
6.
A statement that the owner of the short-term rental has met and will continue to comply with the standards and other requirements of this chapter.
7.
If the proposed short-term rental utilizes a non-public supply for potable water (i.e., well, cistern, etc.) applicant must submit water testing results for both bacteria and nitrates that have been taken within the last 90 days. The water testing results must be from a currently-licensed potable water testing lab in the State of Oregon.
E.
When a certification application is received by the County Building Codes Division, the inspection will be scheduled for the next available regular inspection day. A permit shall not be issued until a short-term rental passes inspection.
F.
The County will have inspection checklists available so that owners can determine what improvements, if any, will be needed before an inspection is scheduled. An owner should ensure that all items on the checklist have been completed prior to calling for an inspection. All reinspections due to incomplete items will be subject to a reinspection fee.
G.
All short-term rental permits shall be renewed every two years on their application anniversary date and are subject to a permit fee on renewal. Renewal applications may be submitted up to 60 days prior to the expiration date of the current permit. All renewals must be completed no later than 30 days following the expiration date of the current permit. A permit that is not successfully renewed within 30 days of the expiration of the current permit, will be considered null and void and all operation of the STR must cease until such time as a new permit is approved. In the event a permit renewal cannot be completed within the allotted time, the Community Development Director shall review the circumstances and make a determination regarding whether the permit should be expired. The Director's determination shall be based upon a demonstration of hardship that was not of the owner's making, which prevent renewal of the permit within the 30-day grace period.
H.
A permitted short-term rental shall be reinspected every two years of operation. An interim inspection will be required in the following cases:
I.
Transfer of Permits: Short-term rental permits may be transferred, subject to the following limitation:
1.
Discontinuance: A short-term rental shall be considered discontinued when the permit is not renewed within 30 days of the expiration date of the permit. If a permit is determined to have been discontinued, a new permit, conforming to the requirements of this chapter shall be required. If the zone in which the property is located has exceeded the maximum number of short-term rentals allowed under this chapter, no new permit shall be approved.
2.
Discontinuation does not apply to circumstances such as fire or other catastrophes outside of the owner's control. Discontinuation is not considered to have occurred if the use is interrupted or abandoned for any period while a Federal, State or local emergency order temporarily limits or prohibits use of the short-term rental.
J.
If the contact person of record for a short-term rental changes, the property owner shall notify the County within 30 days of the change. The County shall, within seven calendar days of the receipt of notice of the change, provide a copy of the updated permit and contact information for the designated agent to property owners within 300 feet of the subject property. The property owner shall provide the required payment, as established by the Clatsop County Board of Commissioners. County staff shall also notify Code Compliance, Building Codes, and Public Health of any changes to the contact of record.
(Ord. 2018-01 § 9; Ord. 2018-09 § 1; Ord. 2019-04 § 1; Ord. 2022-03 § 1; Ord. No. 24-19, 1/22/2025)
A.
There shall be a maximum limit on the number of STRs allowed west of U.S. Highway 101 in unincorporated Clatsop County. This limit shall be equal to 10% of the existing number of single-family dwelling units as established in the table below.
B.
No limits are imposed for properties east of U.S. Highway 101, except for the rural community of Arch Cape (see Chapter 5.24).
C.
Clatsop County Community Development shall be responsible for updating and amending this table each calendar year, following certification of the tax roll.
D.
No new STR permit shall be approved in any zone that exceeds the maximum limit allowed by this chapter.
E.
Permits that have been issued prior to the effective date of this ordinance codified in this section may be renewed, per the procedures of Section 5.12.090(G).
Zone | Current Number of STRs (West of U.S. Highway 101) | Number of Existing Dwellings West of U.S. Highway 101 | 10% Maximum |
|---|---|---|---|
Coastal Beach Residential (CBR) | 25 | 301 | 30 |
Coastal Residential (CR) - Cove Beach | 18 | 70 | 7 |
Coastal Residential (CR) - Outside Cove Beach | 4 | 33 | 3 |
Residential-Agriculture 1 (RA-1) | 12 | 268 | 27 |
Residential-Agriculture 2 (RA-2) | 1 | 23 | 2 |
Residential-Agriculture 5 (RA-5) | 3 | 195 | 20 |
Single-Family Residential 1 (SFR-1) | 9 | 294 | 29 |
Urban Growth Boundary/Gearhart (UGB) | 9 | 211 | 21 |
TOTAL | 81 | 1,395 | 139 |
(Ord. No. 24-19, 1/22/2025)
The Board of Commissioners of Clatsop County may, by Board Order, establish fees for applications for permits, licenses, appeals, and services provided for in this chapter.
(Ord. 2018-01 § 10; Ord. 2018-09 § 1; Ord. 2019-04 § 1; Ord. 2022-03 § 1)
All complaints shall proceed as follows:
A.
The complaining party shall first attempt to communicate with the short-term rental complaint hotline or the contact person designated on the permit and describe the problem.
B.
The contact person shall respond to all complaints via phone, email, text and/or other method within 20 minutes. The contact person shall physically respond to complaints as required below:
C.
If the initial contact does not resolve the complaint, the complaining party may lodge a complaint with the County by submitting a signed written complaint including the time, date and nature of the alleged violation. If photos or video are available, those may be included with the complaint form in order to document the violation.
D.
Following receipt of a signed written complaint, the County may investigate to determine whether a violation of this chapter has occurred. The property owner shall allow the County to inspect any records related to the short-term rental dwelling unit upon request of the County.
E.
F.
If a violation is determined to have occurred a notice of violation or a notice of warning may be issued, based upon the priority level of the complaint.
G.
If the alleged complaint is not observed by the code compliance specialist; is determined not to have occurred; or if the complaint has been resolved, the complaint shall be logged, the result noted, and the case file shall be closed. Notices of warning or violation shall not be issued for complaints that are not observed, that are determined not to have occurred, or that have been resolved prior to the County code compliance specialist visiting the property.
H.
Unsubstantiated Complaints and False Reporting. The County may impose a fine for filing a false complaint regarding the condition, operation, or conduct of occupants of a short-term rental or their guests. Per Section 1.11.010, Clatsop County Code, the submittal of a false complaint is a Class B violation and may be subject to fines as specified in Section 1.11.010(C).
(Ord. 2018-01 § 11; Ord. 2018-09 § 1; Ord. 2019-04 § 1; Ord. 2022-03 § 1; Ord. No. 24-19, 1/22/2025)
A.
Compliance.
1.
Owners of short-term rental units shall comply with this chapter and obey all applicable ordinances and regulations of the County, and shall be subject to the enforcement and penalty proceedings contained in this chapter.
B.
Suspension or Revocation of Permit. Permits may be suspended or revoked based upon the following:
1.
If the property owner fails to submit required water testing results on an annual basis, the property owner’s short term rental permit shall be revoked.
2.
Level 1 violations shall result in the immediate suspension of the short-term rental permit and/or immediate cessation of use of the dwelling unit as a short-term rental.
3.
Issuance of the first notice of violation may result in the permit being flagged and the permit holder being placed on a 90-day probation period.
4.
Issuance of the second notice of violation within 365 days of the first notice of violation may result in the suspension of the short-term rental permit for 90 days. A mandatory reinspection shall be required to reinstate the permit. The cost of the reinspection fee shall be paid by the property owner.
5.
Issuance of the third notice of violation within 365 days of the first notice of violation may result in the suspension of the short-term rental permit for 120 days. A mandatory reinspection shall be required to reinstate the permit. The cost of the reinspection fee shall be paid by the property owner.
6.
Issuance of the fourth notice of violation with 365 days of the first notice of violation may result in revocation of the short-term rental permit for one year. A mandatory reinspection shall be required to reinstate the permit. The cost of the reinspection fee shall be paid by the property owner.
7.
Issuance of two notices of warning within a 90-day period may result in the permit being flagged and the permit holder being placed on a 30-day probation period.
8.
Issuance of three notices of warning within a 90-day period may result in the suspension of the short-term rental permit for 30 days. A mandatory reinspection shall be required to reinstate the permit. The cost of the reinspection fee shall be paid by the property owner.
9.
Issuance of four or more notices of warning within a 90-day period may result in the revocation of the short-term rental permit for 365 days. A mandatory reinspection shall be required to reinstate the permit. The cost of the reinspection fee shall be paid by the property owner.
10.
The Community Development Director, or designee, shall determine whether the level and number of violations requires revocation of the STR permit.
11.
Emergency Revocation.
a.
Building Official:
i.
In the sole discretion of the County Building Official, when a building code violation exists at a short-term rental that presents an immediate serious fire or life safety risk, the County Building Official may immediately revoke the short-term rental permit as a fire or life safety risk.
ii.
The Building Official shall provide written documentation (in layman's terms) of the violation, and notification of a property owner's right to appeal, prior to leaving the inspection site.
iii.
At any time following the emergency revocation of a short-term rental permit pursuant to this subsection, the County Building Official may reinstate the permit upon a reinspection by the County Building Official verifying that the subject building code violation has been corrected.
b.
Public Health Director:
i.
In the sole discretion of the County Public Health Director, when annual water testing results indicate that testing levels may precipitate an acute public hazard, the County Public Health Director may immediately revoke the short-term rental permit as a public safety risk.
ii.
The Public Health Director shall provide written documentation (in layman's terms) of the hazard, and notification of a property owner's right to appeal.
iii.
At any time following the emergency revocation of a short-term rental permit pursuant to this subsection, the Public Health Director may reinstate the permit upon receipt of certified water testing results that verifying the acute public hazard has been corrected.
c.
Upon an emergency revocation, the short-term rental shall not be rented or used as short-term rental unless the revocation is lifted and the permit reinstated or a new short-term rental permit is obtained.
d.
Notice of any conditions, suspension, or revocation shall be delivered by personal service and certified mail to the address of the property owner on the permit and to the contact of record. The notice shall contain a provision on the appeal rights and date by which an appeal must be filed.
C.
Appeal.
1.
If an application for a permit or the renewal of a permit is denied; or if an owner disagrees with a decision of the County code compliance specialist; or if an owner disagrees with a decision of the Community Development Director to revoke a permit; the owner may appeal the decision as provided in this section.
2.
To file an appeal the owner must submit a request to the County code compliance specialist within 20 days of the date of the notice of conditions, suspension or revocation.
4.
If the hearings officer denies the appeal or upholds revocation of a permit, the owner may appeal to the Board of County Commissioners by written notice delivered within 30 days of denial or revocation by the hearings officer.
5.
Except in cases where an STR is operating without a required permit, or following an emergency revocation by the Building Official or Public Health Director, a short-term rental may continue to operate unless and until a permit is otherwise revoked in a final decision.
D.
Costs. Any property owner found in violation of the provisions of this chapter shall be required to reimburse the County for its costs of enforcement including reimbursement of staff time, investigation costs, mailings, service fees, mileage and other costs related to the investigation and prosecution of the violation in question.
E.
Additional Remedies. The provisions of this section are in addition to and not in lieu of any other enforcement and penalty remedies contained in this chapter or other County ordinance or State law.
(Ord. 2018-01 § 12; Ord. 2018-09 § 1; Ord. 2019-04 § 1; Ord. 2022-03 § 1; Ord. No. 24-19, 1/22/2025)