The purpose of the regulations set forth in this article is
to provide a procedure to allow the rental of private residences to
visitors on a short-term basis, while ensuring that such rental does
not create adverse impacts to residential neighborhoods due to excessive
traffic, noise, and density. Additionally, this section is intended
to ensure that the number of occupants with such rental units does
not exceed the design capacity of the structure to cause health and
safety concerns, and that minimum health and safety standards are
maintained in such units to protect visitors from unsafe or unsanitary
conditions.
(Ordinance O2023-07-14 adopted 7/18/2023)
Includes a bed and breakfast homestay establishment or bed
and breakfast inn.
An owner occupied residential property where short-term lodging
is provided that contains no more than five (5) guest rooms and where
breakfast service may be provided to overnight guests only. The owner
must reside on the property and be present at the property for the
duration of any short-term rental. The property may be rented out
to multiple short-term lodging groups at a time.
A resident managed residential property where short-term
lodging is provided that contains no more than fifteen (15) guest
rooms and where breakfast service may be provided to overnight guests
only. The resident manager must reside on the property and be present
at the property for the duration of any short-term rental. The property
may be rented out to multiple short-term lodging groups at a time.
The operator of a bed and breakfast facility or short-term
rental facility who resides in the county, and will be present in
the county and available at all times the rental is in use.
A unit of person(s) that are together under a single reservation.
Any of the following:
The actual power to operate, or control the operation, management
or policies of the legal entity;
Ownership of a financial interest of thirty (30) percent or
more of the legal entity or of any class of voting securities of the
legal entity; or
Holding an office (e.g., president, vice-president, secretary,
treasurer, managing member, managing director, etc.) in the legal
entity.
A person or legal entity issued a bed and breakfast facility
or short-term rental facility license.
An individual person, proprietorship, partnership, corporation,
association, or other legal entity.
Includes a short-term rental type I, short-term rental type
II, or short-term rental type III.
An owner occupied residential property where short-term lodging
is provided to only one group at a time per dwelling unit. Nonconforming
single-family residential properties that contain more than one dwelling
unit shall rent to only one group at a time. The owner must reside
in the primary structure on the property and be present at the property
for the duration of any short-term rental.
A single-family or duplex residential property where short-term
lodging is provided to only one group at a time per dwelling unit.
Nonconforming single-family residential properties that contain more
than one dwelling unit shall rent to only one group at a time. The
property is not part of a multifamily residential use. The owner does
not reside on the property or is not present at the property for the
duration of any short-term rental.
A multifamily residential property where short-term lodging
is provided to only one group at a time per dwelling unit. The owner
does not reside on the property or is not present at the property
for the duration of any short-term rental.
A residential dwelling unit(s) that is rented out for compensation
on a temporary basis for a period of less than thirty (30) consecutive
days.
(Ordinance O2023-07-14 adopted 7/18/2023)
It shall be unlawful to operate a bed and breakfast facility
or a short-term rental facility:
(1)
Without a bed and breakfast facility or short-term rental facility
license;
(2)
In violation of any provision of a bed and breakfast facility or
short-term rental facility license, this article, or any other applicable
city ordinance or other law; or
(3)
Without having an unexpired specific use permit, if required by the
zoning ordinance for the city.
(Ordinance O2023-07-14 adopted 7/18/2023)
(a)
To obtain a license for a bed and breakfast facility or a short-term
rental facility, a person must submit an application on a form provided
for that purpose to the community and economic development department.
The application must contain the following:
(1)
The name, street address, mailing address, email address, and
telephone number of the applicant, the owner, and the designated operator
of the bed and breakfast facility or short-term rental facility. The
applicant must assign a "designated operator" who resides in the county
and shall be present in the county and available at all times the
rental is in use.
(2)
If the applicant or owner is a partnership, a corporation, or
limited liability company, the application shall list the names of
all partners, directors, members, and officers, as applicable, of
the applicant and owner.
(3)
A scaled site plan that meets all site development requirements
of the zoning ordinance. Such site plan shall include property lines,
proposed and existing structures, proposed signage, proposed and existing
site improvements such as parking, fences, landscaping, etc.
(4)
A nonrefundable license fee for the amount established.
(5)
Proof that the applicant has no delinquent hotel occupancy taxes
due on the property.
(6)
Proof that a life safety inspection of the applicant's
property has been approved by the inspection services department (required
for the initial application). The life safety inspection will not
be required for structures that have attained a certificate of occupancy
through construction or renovation of a structure within the last
year.
(b)
When a specific use permit for a bed and breakfast facility or short-term
rental facility is required, the specific use permit must be issued
prior to the issuance of a bed and breakfast facility license or short-term
rental facility license.
(Ordinance O2023-07-14 adopted 7/18/2023)
(a)
A bed and breakfast facility license or short-term rental facility
license shall be valid for a period of two years from the date of
issuance and may be renewed by applying in accordance with the previous
section.
(b)
Bed and breakfast facilities or short-term rental facilities with
existing specific use permits, or that are allowed by right per the
zoning ordinance as of _____ _____, 2023 are required to obtain a
license under the provisions of this article, subject to the following:
(Ordinance O2023-07-14 adopted 7/18/2023)
A license fee will be charged at time of issuing the license
and at the time of renewal. The city council shall set the fees for
the license and the renewal.
(Ordinance O2023-07-14 adopted 7/18/2023)
(b)
The licensee will comply with all building, electrical, and other
codes and ordinances of the city.
(c)
The licensee shall obtain a life safety inspection for compliance
with applicable city codes. This inspection includes, but is not limited
to, smoke detectors, at least one operable egress window per 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).
The inspection services department must approve the life safety inspection
of the licensee's property.
(d)
Functions such as meetings, receptions, weddings and other social
events provided for compensation or held by guests are not permitted
as part of the bed and breakfast facility or short-term rental facility
unless such facility is located in a commercial zoning district.
(e)
The designated operator shall be present in the county and available
at all times the property is being rented. Contact information will
be furnished to owners of real property within 200 feet of the bed
and breakfast facility or short-term rental facility by the community
and economic development department. Also, a sign must be posted conspicuously
in the common area of each unit. This sign will be provided by the
community and economic development department to the licensee and
will contain the following information:
(f)
The license number and occupancy limit shall be included in all marketing
materials, advertisements, and online listings for the bed and breakfast
facility or short-term rental facility.
(Ordinance O2023-07-14 adopted 7/18/2023)
(a)
Parking.
(1)
The requirements of this section shall not apply to properties
located within the Central Business District (CBD).
(2)
A minimum of one off-street parking space is required per rented
room. Required parking must be improved in accordance with the city,
off-street parking and loading regulations, section 5.36 of the zoning
ordinance for the city, prior to the issuance of a license.
(3)
No on-street parking shall be allowed for a bed and breakfast
facility or short-term rental facility guests except for properties
located on streets classified as a collector or arterial where on-street
parking is not restricted.
(b)
Signs.
(1)
In residential zoning districts, no sign shall be permitted
on the premises except a nonilluminated name plate no larger than
one square foot in area.
(2)
In the residential and downtown historic districts, signage
must be approved by the Hillsboro Historic Preservation Commission
and be consistent with the recommendations for signage in the Historic
Preservation resource manual.
(3)
For properties within the boundaries of the Main Street designated
area that are opted out of the downtown historic district, signage
must be approved by the Main Street Board and be consistent and proportionate
to the structure where the sign is located.
(5)
The design for a sign must be submitted with the site plan during
the application process.
(c)
Lighting.
If the property is residentially zoned, all
lighting must be directed toward the establishment and not at adjacent
properties.
(d)
Occupancy.
(1)
The maximum number of adults allowed to reside in any bed and
breakfast facility or short-term rental facility is two adults per
bedroom plus two additional adults per rental unit.
(2)
In residential zoning districts, a bed and breakfast homestay
establishment, a short-term rental type I or a short-term rental type
II may not be occupied by more than four individuals unrelated by
blood, marriage, or adoption at any given time.
(e)
Food services.
Food service establishments and events
open to nonguests may be provided as part of the bed and breakfast
facility or short-term rental facility only in zoning districts that
allow these uses and must meet all development standards consistent
with site requirements set forth in the zoning ordinance for the city.
(Ordinance O2023-07-14 adopted 7/18/2023)
The community and economic development director or designee
may immediately revoke or suspend the license, or deny either the
issuance or renewal thereof, if it is found that:
(1)
The licensee, designated operator, or guest has violated or failed
to meet any of the provisions of this article or conditions of the
license;
(2)
The licensee, designated operator, or guest has violated any federal,
state, or city law, or regulation pertaining to the use of the property
as a bed and breakfast facility or short-term rental facility;
(3)
The chief of public safety has determined that the bed and breakfast
facility or short-term rental facility would pose a serious threat
to public health, safety, or welfare; or
(4)
The applicant has made a false statement of material fact on an application
for a bed and breakfast facility license or short-term rental facility
license.
(Ordinance O2023-07-14 adopted 7/18/2023)
(a)
Upon denial, suspension or revocation, the community and economic
development director or designee shall notify the applicant or licensee
in writing either in person or by certified mail to the address listed
on the application of the action taken and the reasons therefore.
A person may appeal a decision to deny, revoke, or suspend a license
to the city council. Appeals shall be submitted to the city secretary
in writing within fifteen (15) days following the date the applicant
or licensee receives the decision. A hearing on the denial, suspension,
or revocation will be scheduled for the next regular meeting of the
City Council that is more than six (6) days away. The council will
render a decision on the appeal within ten (10) days of the hearing.
A licensee shall not operate a bed and breakfast facility or short-term
rental facility during the appeal process.
(b)
At the appeal hearing on a denial of an initial license application,
the appealing party must present evidence clearly indicating that
the community and economic development director or designee was incorrect
in determining that the stated grounds for the license denial existed.
(c)
At the appeal hearing on a license suspension, revocation, or refusal
to renew, the community and economic development director or designee
must present evidence clearly indicating that the stated grounds for
such action existed.
(Ordinance O2023-07-14 adopted 7/18/2023)
