This chapter is intended to authorize, regulate, and govern the transient rental of dwelling units or rooms on property within the City of The Dalles. These standards and requirements shall be in addition to other requirements of The Dalles Municipal Code (including TDMC Chapter 8.04's regulations concerning the City's transient lodging tax) and all other applicable Oregon and Federal laws and regulations.
(Ord. 20-1377; Ord. 24-1407B, 12/9/2024)
As used in this chapter, except where the context indicates otherwise, the following terms shall mean:
"Bedroom"
means any habitable space in a dwelling unit, excluding kitchens and living rooms, intended for sleeping, and at least 100 square feet in size, with a ceiling height of at least seven feet. It must be separated from other rooms by a door, accessible to a bathroom without passing through another bedroom, and cannot be the only access to other bedrooms or habitable spaces;
"City"
means the City of The Dalles, a municipal corporation of the State of Oregon.
"Council"
means the City Council of the City of The Dalles;
"Department"
means the City's Community Development Department;
"Director"
means the City's Community Development Director;
"License"
means a license to operate a short-term rental issued by the City;
"Operator"
means the person who is the proprietor of a short-term rental in any capacity;
"Person"
means any individual, firm, partnership, joint venture, limited liability company, corporation, limited liability partnership, association, host, social club, fraternal organization, fraternity, sorority, public or private dormitory, joint stock company, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit;
"Short-term rental"
means all accommodations with duration of 30 consecutive days or less;
"Studio"
means any self-contained habitable space, at least 220 square feet in size with a minimum ceiling height of seven feet, that combines living, sleeping, and kitchen areas into a single open space, with a separate bathroom;
"TDMC"
means The Dalles Municipal Code; and
"Transient"
means the renting of a dwelling unit or rooms for compensation on less than a month-to-month basis.
(Ord. 20-1377; Ord. 20-1383; Ord. 24-1407B, 12/9/2024)
A. 
Annual License Required. Prior to using any dwelling unit as a short-term rental, the operator of any short-term rental must possess an approved license for each short-term rental they operate. Licenses are valid for the calendar year beginning January 1 and ending December 31. Partial year licensing or prorated licensing fees will not be granted at the time of licensing or license renewal. Licenses shall be non-transferable. Upon transfer of the real property where the short-term rental is located or transfer of the business owning and operating the short-term rental, any existing license held by a transferring operator becomes void and the new operator(s) must apply for a new license before continuing to operate the short-term rental.
B. 
Maximum License Cap. The total number of licenses allowed each year shall not exceed one percent of the City's total housing unit inventory (as provided in the City's current Housing Needs Analysis) when rounded down to the next whole number.
C. 
Annual Renewal Process. For license renewals each year, priority will be given to existing licenses seeking renewal so long as the renewal application is delivered to the department by November 29 (or the next business day if November 29 falls on a day the City is closed). The department will review each application to ensure each operator and the associated real property is in good-standing with the provisions of this and all other chapters of The Dalles Municipal Code. All existing violations must be resolved prior to the issuance of a license or renewal of an existing license. If violations are not resolved by January 2, the existing short-term rental's license will be deemed void (and the short-term rental shall lose its status as an existing operation, including the provisions outlined in TDMC Section 8.02.100 below) and its operator shall be required to apply for a new license to continue using the real property as a short-term rental consistent with this chapter.
D. 
Lottery System. By November 29 (or the next business day if November 29 falls on a day the City is closed) and if additional licenses are available as established in TDMC Section 8.02.030(B) (after accounting for all license renewals), the City will select new licenses on a lottery basis consistent with the department's administrative policy. Once an applicant is selected from the lottery list, that applicant will have 15 days to submit all applicable fees and information or forfeit their place on the lottery list, in which case a new applicant will be selected.
E. 
Vicinity Requirements.
1. 
Residential Zones. Except as provided in TDMC Section 8.02.100(B), no short-term rental may be located within 300 feet from any other existing and licensed short-term rental within the Low Density Residential (RL), Medium Density Residential (RM), or High Density Residential (RH) zoning districts.
2. 
Nonresidential Zones. Except as provided in TDMC Section 8.02.100(B), no short-term rental may be located within 100 feet from any other existing and licensed short-term rental within the Central Business Commercial (CBC), General Commercial (CG), or Recreation Commercial (CR) zoning districts.
3. 
Measurements. For purposes of this section, distance is measured consistent with the department's property notification process for land use and development applications.
(Ord. 20-1377; Ord. 24-1407B, 12/9/2024)
The following general requirements shall apply to all short-term rentals:
A. 
License. A license shall be obtained by the operator prior to any transient rental of the property.
B. 
Signs.
1. 
Residential Zones. Signage shall be limited to one four square foot flush sign affixed to the primary building. No off-premises signs are permitted.
2. 
Nonresidential Zones. All signage normally allowed by the zone district in which the short-term rental is located shall be allowed.
C. 
Length of Stay. The length of stay for guests is limited to 30 consecutive days.
D. 
Transient Lodging Tax. Each facility shall be subject to payment of the City's transient lodging tax consistent with the provisions of TDMC Chapter 8.04. As part of the license renewal process, the operator must provide the department proof of currency with that property's transient lodging tax obligations. Failure to submit proof of past payment shall result in the denial of the current license; however, an operator may apply for re-licensing upon proof of such payment without incurring an additional license fee.
E. 
Health and Safety.
1. 
Operator's Responsibilities. It is the operator's responsibility to ensure the facility remains in compliance with this chapter and all other provisions of The Dalles Municipal Code, with Oregon State Health, Safety, Building, and Fire Codes, and all applicable requirements of the Oregon Revised Statutes.
2. 
Safety. Prior to the issuance of a license, a completed safety checklist as described by Department administrative policy shall be required.
(Ord. 20-1377; Ord. 20-1383; Ord. 24-1407B, 12/9/2024)
Short-term rental licenses shall be issued when the following provisions have been met:
A. 
Dwelling Unit. The facility is a dwelling unit (as defined by TDMC Section 10.2.030).
B. 
No Modifications. The structure containing the facility retains the existing characteristics of the dwelling unit. No modifications to the structure will be permitted for the benefit of the accommodation's use except those modifications deemed necessary to accommodate current Americans with Disabilities Act requirements. The lot must be landscaped and maintained consistent with the standards imposed on the underlying zoning district by TDMC Title 10.
C. 
Screening. The operator must take reasonable precautions to mitigate impacts to the surrounding neighborhood. All short-term rentals with shared yards, common areas, or yards abutting unscreened neighboring yards in the rear or side yards of the property must install or maintain privacy screening pursuant to TDMC Section 10.6.010.050. This requirement may be waived upon written approval of all adjoining property owners.
D. 
Parking. For all short-term rentals, the residential off-street parking requirements of TDMC Section 10.7.060.010 must be met where the facility is also a primary residence. Except as provided in TDMC Section 8.02.100(B), all short-term rentals must provide at least one off-street parking space for each guest room.
1. 
Historic Resource Exemption. Properties listed as a historic resource (whether locally, statewide, or federally) or properties eligible for historic designation per TDMC Chapter 11.12 may be granted an exemption from guest room parking requirements if the operator submits a historic resource parking exemption request and documentation confirming the historic significance of the property to the department at the time of licensing. The department will verify historic significance with the City's Historic Landmarks Coordinator. All properties not currently designated as an historic resource may be eligible for landmark designation following approval by the Historic Landmarks Commission pursuant to TDMC Chapter 11.12.
E. 
Contact Information. All operators must provide the department with current contact information. The contact person must be available to be contacted by a City representative within 12 hours. Licensees shall notify the department and submit appropriate documentation 10 calendar days prior to any change in operator, whether it be a permanent or temporary change.
F. 
Nuisance Mitigation. All short-term rentals must comply with the provisions of The Dalles Municipal Code regulating and restricting noise, smoke, dust, litter, and odor.
G. 
Solid Waste. Weekly solid waste disposal is required and the operator must provide the department with proof of garbage service.
H. 
Special Events. No "special events" shall be conducted at any short-term rental located within the Low Density Residential, Medium Density Residential, or High Density Residential zoning districts during periods of transient rental. "Special events" include, but are not limited to, weddings and wedding receptions, corporate events, commercial functions, and other gatherings that may require separate permits.
I. 
Maximum Occupancy. Maximum occupancy is two persons per bedroom or two persons per studio.
J. 
Mandatory Posting. All short-term rentals must prominently display the approved City license near the front door. The approved City license must include: the license number, license year, operator contact information, maximum occupancy limit, and contact details for the City's Code Enforcement Officer.
(Ord. 20-1377; Ord. 24-1407B, 12/9/2024)
All short-term rentals proposing food services must obtain a food service license from the Oregon Department of Human Services and provide a copy of such license to the department. Operators are encouraged to contact the North Central Public Health District for additional information on requirements for obtaining a food service license.
(Ord. 20-1377; Ord. 24-1407B, 12/9/2024)
All operators shall provide the department with the following information at the time of application submission or renewal:
A. 
Completed Application. License applications shall be prepared by the department and be available on the department's page of the City's website.
B. 
Site Plan/Floor Plan. A site plan and floor plan (drawn to scale) indicating the location and number of guest rooms, dimensions of guest rooms (width, length, height), location of guest entrances and exits, and location of all off-street vehicle parking spaces.
C. 
Checklist. A completed safety checklist as described by Department administrative policy.
D. 
Transient Lodging Taxes. For new licenses only, a completed transient lodging tax registration form as described by TDMC Section 8.04.070. For license renewals, proof of the property's currency with all outstanding TDMC Chapter 8.04 obligations.
E. 
Solid Waste. Proof of weekly garbage service.
F. 
Food Service License. Proof of a current approved food service license (if applicable).
G. 
Screening. Completed privacy screening exemption form, signed by all adjoining property owners (if applicable).
H. 
Historic Parking Exemption. Historic resource parking exemption request (if applicable).
I. 
Fees. Submission of all required license fees as described in TDMC Section 8.02.080.
Upon submission of a completed application and associated materials, the department shall make a determination concerning issuance of the license within 30 days.
(Ord. 20-1377; Ord. 20-1383; Ord. 24-1407B, 12/9/2024)
All short-term rental licensing fees shall be adopted by resolution of the Council. Annual licensing or renewal fees are based on a per guest room basis; provided, however, fees for studios are based on a one guest room basis. For all short-term rentals offering four or more guest rooms, the operator will be charged a "whole house rental" fee. Whole house rental fees will be calculated at, and not to exceed, the cost of four guest rooms.
(Ord. 20-1377; Ord. 24-1407B, 12/9/2024)
Within 10 days after the receipt of a complete initial application, or any change in operator, the City shall provide notice to all property owners within 500 feet of all proposed short-rentals located within the RL, RM, and RH zonings districts, and within 100 feet of all short-term rentals located within the CBC, CG, and CR zoning districts. For purposes of this section, distance is measured consistent with the department's property notification process for land use and development applications. The list of affected property owners shall be compiled from the most recent property tax assessment roll. Information on the notice shall include the following: operator contact information; license number; number of guest rooms; maximum guest occupancy; and contact information for the City's Code Enforcement Division. The purpose of this notice is to allow adjacent property owners and residents to contact the authorized operator to report and request resolution of problems associated with the operation of the short-term rental. If the authorized operator's contact information changes during the license period, the new information must be mailed or distributed again.
(Ord. 20-1377; Ord. 24-1407B, 12/9/2024)
A. 
Bed and Breakfast and Vacation Rental Permit. Any short-term rental with a previously approved bed and breakfast and vacation rental permit operating within the five-year timeline established at the time of initial land use approval may continue their use as a short-term rental until the expiration date established with the associated bed and breakfast and vacation rental permit. Upon that expiration, the operator may only operate a short-term rental with a valid approved license issued pursuant to the provisions of this chapter.
B. 
Existing Short-Term Rental Licenses. Any existing short-term rental operating with a current and approved short-term rental license prior to January 9, 2025, is exempt from the provisions of this chapter's vicinity requirement (TDMC Section 8.02.030(E)) and parking requirements (TDMC Section 8.02.050(D)). However, in all cases where the facility is also a primary residence, the residential off-street parking standards of TDMC Section 10.7.060.010 are required.
C. 
New Application Required. Any lapse in short-term rental licensure or any operational ban of more than one calendar year shall result in the loss of all nonconforming status for any license and a new application and license shall be required to continue operation as a short-term rental.
(Ord. 20-1377; Ord. 24-1407B, 12/9/2024)
A complaint concerning the operational conduct of a short-term rental shall be submitted in writing or by email to the City's Code Enforcement Division, or submitted through the appropriate portal on the City's Police Department website. All complaints must clearly state the nature of the objection(s) to the facility. The City encourages a comprehensive account of all objection(s), which may include photos, videos, and correspondence with the operator to determine the extent of all alleged violations. Upon receipt of a complaint, the complaint shall be investigated by the Codes Enforcement Officer to determine if any violations have occurred. If the complaint is determined to be meritorious, the Codes Enforcement Officer shall refer the matter to the City Attorney, which will result in the filing of a complaint in the municipal court. For all matters of operations posing an immediate threat to public safety, complaints should be directed to 9-1-1 or the City's Police Department.
(Ord. 20-1377; Ord. 24-1407B, 12/9/2024)
A. 
Violations. Violation of any of the provisions of this chapter is a violation punishable by a fine not to exceed the sum of $250.00 for each violation thereof. Each day's violations of a provision of this chapter shall constitute a separate offense.
B. 
Operation Without License. If the Director becomes aware of a short-term rental operating without a current license, the Director or designee shall notify the operator or real property owner of their noncompliance with this chapter's provisions and provide them 15 days to contact the department to commence the license application process. The operator's failure to contact the department within that 15-day timeline shall result in an additional late fee imposed on their application at the time of submittal and may also result in a temporary ban on short-term rental operations at that facility for up to one calendar year.
(Ord. 20-1377; Ord. 24-1407B, 12/9/2024)
A. 
Revocation. A license, once issued, may be revoked upon the following grounds:
1. 
Violation. Evidence establishing the property's violation of any provision of The Dalles Municipal Code, including violations of this chapter;
2. 
Health and Safety. The operation of the short-term rental facility in a manner the Director or the City's Police Chief determines presents a danger to the public health, safety, and general welfare;
3. 
Fraud. Fraud, misrepresentation, or incorrect statements contained in the license application, the conduct of the licensed accommodation, or with respect to any return remitted or failed to be remitted pursuant to TDMC Chapter 8.04;
4. 
Unavailability. Absence or unavailability by operator for 24-hour contact with the City as described in TDMC Section 8.02.050(B);
5. 
Transient Lodging Tax Obligation. Failure to register as an operator pursuant to TDMC Section 8.04.070 and pay any associated obligations imposed by TDMC Chapter 8.04; or
6. 
Multiple Violations. The occurrence of three or more violation convictions within a 12-month period resulting in fines pursuant to TDMC Section 8.02.120.
B. 
Notice of Revocation. If the City orders the revocation of an issued license on grounds pursuant to this subsection, notice of revocation shall be delivered to the licensee or its agent setting forth in writing the grounds thereof by the City Attorney. Notice shall be delivered either personally or by certified mail, return receipt requested, to the current address shown on the City's records. The notice shall advise the operator of their right to file an appeal.
C. 
Appeal to City Council. Any licensee aggrieved by the City's revocation decision may appeal to the Council by filing a notice of appeal with the City Attorney within 10 calendar days of the delivery of the City's decision. The City Attorney shall transmit the notice of appeal, together with the file of said appealed matter, to the Council, which shall fix a time and place for hearing such appeal. The Council shall give the appellant not less than 10 calendar days' written notice of the time and place of hearing of said appealed matter. The appeal shall be treated as a contested case, and the Council shall have the authority to determine the applicable issues to be considered and what testimony and evidence is relevant. The Council's decision shall be final when reduced to writing.
(Ord. 20-1377; Ord. 24-1407B, 12/9/2024)