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County unveils short-term rental regulations

August 31, 2019

By Benjamin Simpson/MT

Clackamas County Planning Division presented a draft of potential regulations
for Short-Term Rentals (STRs) on Aug. 6 to the Board of County
Commissioners (BCC). The draft allows the controversial STRs in any legal,
permanent dwelling in unincorporated Clackamas County, while STRs will be
registered with the county, with properties that are rented for less than 30
days a year to be exempt from the registration. Proposed registration would
be valid for two years and the fee for the registration will be established by
the BCC.

“Currently the county has no regulations that are specific to STRs, and the
county’s zoning code is silent on the question of whether short term rental of
dwelling units is permitted,” said Jennifer Hughes, Clackamas County Planning
Director during the meeting. “The goal of this project is to answer that
question one way or the other, and if we’re going to allow them then to
regulate them through a registration process.”

The Planning Division defines STRs as “a short-term rental, or vacation rental,
is a dwelling unit, or portion of a dwelling unit, that is rented to any person or
entity for a period of up to 30 consecutive nights.”

The county planning division conducted a public outreach program, including
public meetings and surveys throughout the months of March and June. On
June 11 the BCC requested the planning division proceed with a first draft of
regulations in the county code in order to allow and regulate STRs following a
review of the public polls and input.

The regulations limit maximum overnight occupancy for STRs in the county to
two persons per bedroom/sleeping area plus two additional persons with an
exemption for children under two years of age. Maximum occupancy for the
rental properties is not to exceed 15 people total. Off-street parking is
required for the STRs with one space required per 2 sleeping areas with a
minimum of one space. Properties can be listed with a reduced maximum
occupancy if parking is limited.

The proposed regulations also cover mandatory safety elements needed for
the STRs. Working smoke detectors and carbon monoxide detectors are
required to be installed and maintained in all sleeping areas and in the
kitchen. Two working fire extinguishers are required per rental property.

Other regulations include pool and hot tub barriers and are required if
applicable, all sleeping areas must have emergency escapes that are clearly
accessible, all exterior building exits must be clear and useable for the
renters, electrical wiring is required to be covered, fireplaces and flues must
be maintained in accordance with recognized standards and are to be
inspected and cleaned on a regular basis and wall outlets, switches and
junction boxes are required to have appropriate covers in place.

The proposed regulations also prohibit the use of outdoor fire pits from June
15 through Sept. 15 at STRs, plus any additional “no burn” times, as
determined by the Fire Marshal.

Occupants of the STRs are required to abide by the County’s current noise
control ordinance and observe quiet hours from 10 p.m. to 7 a.m. the
following day. A notice must be posted on the premises that identifies the
quiet hours.

“I’d like to make certain that on the noise ordinance end of things
consequences are fairly significant,” said commissioner Ken Humberston
during the Aug. 6 meeting.

Under the proposed regulations STRs are required to maintain weekly garbage
pickup service during any week the rental property is occupied. All garbage
receptacles must be covered.

The regulations require that property owner contact information be posted on
the interior of the dwelling for the renter and on the exterior for neighbors.
According to the Planning Division, if the board chooses to move forward with
a program to register and enforce regulation of STRs, there will potentially be
a need for additional staffing and funding for the departments involved with
the implementation and enforcement of the new regulations. The amount of
additional staffing will be determined by the extent of the new regulations,
how often the STR registrations must be renewed and the level of
enforcement established.

The Planning and Zoning Division plans to schedule a final policy session in
September to discuss registration fees and the administration of the program,
including which departments will review and issue registrations as well as
enforce the regulations.

The county will also seek public comments about the draft regulations over
the next couple of months. There will be public hearings with the BCC before
the board takes any final action on new regulations.

The draft regulations and additional information regarding STRs are available
online at www.clackamas.us/planning/str. The Clackamas County Planning
and Zoning Division can be reached by phone at 503-742-4500.

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