The purpose of this chapter is to protect the character of the city's residential neighborhoods by limiting and regulating the short-term rental of dwelling units. The city permits three categories of short-term rentals. The three categories are: lifetime unlimited permits, five-year unlimited permits and 14-day permits.
(Ord. 24-05, 6/5/2024)
A. 
No person shall occupy, use, operate or manage, nor offer or negotiate to use, lease, or rent a dwelling unit in the RVL, RL, R1, R2, R3, MP and RAM zones for short-term rental occupancy except:
1. 
A dwelling for which there is a short-term rental permit (either a lifetime unlimited permit, a five-year unlimited permit or a 14-day permit) issued to the owner of that dwelling by the city; or
2. 
A dwelling which has been approved by the city for use as a bed and breakfast establishment.
B. 
No person shall be issued a new short-term rental permit who holds another short-term rental permit. All types of rental permits are issued to a specific owner of a specific dwelling unit. The rental permit shall be void when the permit holder sells or transfers the real property, as defined in this chapter, which was rented pursuant to the short-term rental permit.
C. 
Solid Waste Collection. Weekly solid waste collection service shall be provided during all months that the dwelling is available as a rental pursuant to this chapter.
D. 
Permit Posting. The rental permit shall be posted within the dwelling adjacent to the front door. In addition, a tsunami evacuation route map shall also be posted in the rental dwelling.
(Ord. 24-05, 6/5/2024)
The rental of a dwelling for short-term rental occupancy shall be subject to compliance with the requirements of Municipal Code, Chapter 3.12, Transient Room Tax.
(Ord. 24-05, 6/5/2024)
A. 
It is the city's intention to allow lifetime unlimited permits and five-year unlimited permits to remain in force until revoked or terminated pursuant to this chapter. When a lifetime unlimited permit is revoked or terminated pursuant to this chapter, it will not be replaced. When a five-year unlimited permit is revoked or terminated pursuant to this chapter, it will not be replaced.
B. 
The maximum period of time that a person may hold an unlimited five-year rental permit is five consecutive years. At the end of the five-year period such permit will expire and may not be renewed.
(Ord. 24-05, 6/5/2024)
A. 
The 14-day permit issued by the city authorizes the owner to rent the dwelling once, one individual tenancy, within 14 consecutive calendar days.
B. 
An individual tenancy shall commence on the first day that the person(s) that constitute the individual tenancy occupy or are entitled to occupy the dwelling unit.
C. 
For the purposes of this subsection, an individual tenancy means a specific person or group of persons who together occupy or are entitled to occupy a rental with a 14-day permit.
D. 
Occupancy of the rental unit by the individual tenancy for the entire 14-day period is not required. However, no additional occupancy, with the exception of the property owner, shall occur within the minimum 14-day occupancy period that begins on the first day of an individual tenancy.
E. 
A 14-day rental permit is issued to a specific owner of a dwelling unit. When the permit holder sells or transfers the real property, the original 14-day permit is revoked, and the new owner may apply for a new 14-day rental permit.
F. 
A person who holds a lifetime unlimited or five-year unlimited permit shall not be permitted to hold a 14-day permit.
G. 
A 14-day permit application may be submitted to the city at any time and, if approved, the 14-day permit shall last for one year from the date of issuance.
(Ord. 24-05, 6/5/2024)
A. 
At the time of application for any new short-term rental permit pursuant to this chapter, the dwelling unit shall be subject to inspection by the city manager or designee. The purpose of the inspection is to determine the conformance of the dwelling with the requirements of the Oregon State Building Code. Prior to the issuance of a rental permit, the owner of the dwelling unit shall make all necessary alterations to the dwelling required by the manager.
B. 
A dwelling with a short-term rental permit pursuant to this chapter shall be subject to inspection at any time with proper notice to the owner. The owner of the dwelling unit shall make any and all necessary alterations to the dwelling required by the building official. A failure to complete the alterations within the specified time period may result in the revocation of the permit.
(Ord. 24-05, 6/5/2024)
A. 
The property owner shall designate a local representative who permanently resides within the Cannon Beach urban growth boundary or a licensed property management company with a physically staffed office within 10 vehicular miles of the Cannon Beach urban growth boundary. The owner may be the designated representative where the owner permanently resides within the Cannon Beach urban growth boundary. Where the owner does not reside within the Cannon Beach urban growth boundary, the owner shall designate either a resident within the Cannon Beach urban growth boundary, or a licensed property management company within 10 vehicular miles of the Cannon Beach urban growth boundary as his or her representative.
B. 
The property owner or the designated local representative shall maintain a guest register for all tenancies of the rental. The register shall include the names, home addresses and phone numbers of the tenants; and the dates of the rental period. The above information must be available for city inspection upon request; failure to maintain or provide the required information constitutes a violation and is grounds for a penalty pursuant to this chapter.
C. 
The local representative must be authorized by the owner of the dwelling to respond to tenant and neighborhood questions or concerns. The local representative shall serve as the initial contact person if there are questions or complaints regarding the operation of the dwelling for rental purposes. The local representative must respond to those complaints in a timely manner to ensure that the use of the dwelling complies with the standards for rental occupancy, as well as other pertinent city ordinance requirements pertaining to noise, disturbances, or nuisances, as well as state law pertaining to the consumption of alcohol, or the use of illegal drugs. The failure of the local representative to respond to complaints, or the failure of the local representative to respond to queries from city staff, is a violation of this chapter and is subject to the penalties listed in this chapter to include revocation of the short-term rental permit.
D. 
If the police department is not able to contact the local representative in a timely manner more than twice during the term of the annual permit, this shall be considered a violation pursuant to this chapter and the permit is subject to suspension and possible revocation.
E. 
If the designated local representative is replaced, the permit holder must file a revised permit local representative certification form that includes the name, address, and telephone number of the new local representative. The owner must submit this form to the city within 30 days of the replacement. Failure to do so is considered a violation of this chapter and the permit is subject to suspension or revocation.
F. 
The city manager will post the name, address, and telephone number of the owner or the local representative on the city website. The purpose of posting this information is so that adjacent property owners and residents can contact the responsible person to report and request the resolution of problems associated with the operation of the rental.
(Ord. 24-05, 6/5/2024)
A. 
Off-street parking is required as specified below. Occupancy is limited by the number of bedrooms, and by the number of available off-street parking spaces as specified in the following table.
Bedrooms (a)
Maximum occupancy (b) (c)
Minimum off-street parking (d)
1
6
2
2
6
2
3
8
3
4
10
4
5
12
4
Notes:
(a)
A bedroom consists of a room that meets the definitional requirements of the State of Oregon Building Code.
(b)
Occupancy includes only those persons two years of age and older.
(c)
In no event shall the occupancy of a dwelling exceed 12 persons, unless a short-term rental permit issued prior to January 1, 2005 established an occupancy of more than 12 persons.
(d)
Each off-street parking space must be located entirely on the property and must be at least nine feet wide by 18 feet long and must be accessible from a driveway or public street.
(Ord. 24-05, 6/5/2024)
A. 
The following conduct shall constitute a violation for which the penalties specified below may be imposed. Note that each day of a violation is considered a separate violation for the purposes of the sanctions below.
1. 
The owner has failed to comply with any of the standards listed in this chapter; or
2. 
The owner has failed to pay the transient room tax and/or file a transient room tax return as required by Municipal Code, Chapter 3.12.
B. 
Penalties. For violations of this chapter, the following penalties will be imposed:
1. 
For the first violation within a 24-month period, the penalty shall be a warning notice.
2. 
For the second violation within a 24-month period, the penalty shall be a suspension of the permit for 30 days.
3. 
For the third violation within a 24-month period, the penalty shall be a suspension of the permit for 90 days.
4. 
For the fourth violation within a 24-month period, the penalty shall be a revocation of the permit.
C. 
Notice. The city shall notify the permit holder and local representative in writing of any penalties imposed under this chapter.
1. 
The city may seek injunction or other equitable relief in court to enjoin any violation of this chapter and may recover the costs of such actions. The city may seek such criminal or civil penalties as are authorized by Oregon law. Each day of violation may be considered a separate violation. Each violation may result in a fine of up to $500.00.
2. 
After the revocation of a permit, or after the enforcement taken under Section 17.20.010 of the general provisions of Section 17.84.020 for renting without a license, where a penalty is awarded under the provisions of Section 17.20.030, the owner(s) will be prohibited from participation in the short-term rental program for two years from the time of the revocation or penalty.
(Ord. 24-05, 6/5/2024)
A. 
The permit holder may appeal the penalty to the city council by filing a letter of appeal with the city manager within 10 days after the date of the mailing of the order. The city council shall conduct a hearing on the appeal within 60 days of the date of the filing of the letter of appeal. At the appeal, the permit holder may present such evidence as may be relevant. At the conclusion of the hearing, based on the evidence it has received, the council may uphold, modify, or overturn the decision to suspend or revoke the permit based on the evidence it received.
B. 
A person who has a rental permit revoked shall not be permitted to apply for short-term rental permits until a period of two years has passed from the date of revocation.
C. 
A person renting a property without a valid rental permit shall be in violation of the Cannon Beach Municipal Code and shall be subject to a fine of up to $500.00 for each day the dwelling has been rented without a permit.
(Ord. 24-05, 6/5/2024)
Self-managed short-term rental permit holders with two or more violations within a 24-month period may defer the penalties in Section 17.84.090 by placing their short-term rental unit under professional management as defined in Section 17.04 for a minimum period of two years. If additional violations accrue during the period of professional management, the penalties in Section 17.84.090 are applicable, including deferred penalties.
(Ord. 24-05, 6/5/2024)