Ordinance No. 5047 - McMinnville, Oregon...2018/03/13 · (duplexes), and accessory dwelling units (ADUs). The structure shall retain the characteristics of a single-family residence

Ordinance No. 5047 G 1-18: Vacation Home/Short Term Rentals

Zoning Text Amendments

CITY COUNCIL. 3.13.18

BACKGROUND Planning Commission Work Session Discussions: September 21, 2017 October 19, 2017 – Public Comment Opportunity December 21, 2017 January 18, 2018

Comments received on impacts of VHRs in McMinnville neighborhoods

Research completed: Locations of licensed VHRs in McMinnville; VHR requirements in other cities; Enforcement of VHRs operating without approval


BACKGROUND

Planning Commission Public Hearing: February 15, 2018

Testimony received both in favor and against proposed amendments

Planning Commission deliberation and unanimous recommendation to approve proposed amendments


PROPOSED AMENDMENTS

Major amendments: Definition as “Short Term

Rentals” Spacing standard for short

term rentals in residential zones

Operational requirements Review and licensing

processes


DEFINITIONS Current definitions of

rental and lodging uses include: Vacation Home Rental Bed and Breakfast Hotel Motel Boardinghouse,

lodginghouse, or roominghouse


Proposed Definitions: Short Term Rental Short Term Rental,

Resident Occupied Lodging Bed and Breakfast

SHORT TERM RENTAL Short Term Rental – The use of an entire dwelling unit by any

person or group of person entitled to occupy for rent for a period of no more than 21 (twenty-one) consecutive days. Short term rentals include vacation home rentals approved under the regulations in effect through April 12, 2018.


Zones Allowed: All Residential (R-1, R-2, R-3,

R-4)

Office-Residential (O-R)

Travel Commercial (C-2)

General Commercial (C-3)

SHORT TERM RENTAL, RESIDENT OCCUPIED

Short Term Rental, Resident Occupied – The use of no more than two guest sleeping rooms by any person or group of persons entitled to occupy for rent for a period of no more than seven (7) consecutive days. The dwelling unit is occupied by a full-time resident at the time that the guest sleeping rooms within the dwelling unit are available for overnight rental. Resident occupied short term rentals include bed and breakfast establishments approved under the regulations in effect through April 12, 2018.

Zones Allowed: All Residential (R-1, R-2, R-3, R-4)

Office-Residential (O-R)


LODGING

Lodging – A building, or group of buildings, which is designed, intended, or used for the accommodation of guests on a temporary basis for compensation. Lodging includes hotels and motels.

Zones Allowed: Travel Commercial (C-2)

General Commercial (C-3)


BED AND BREAKFAST Bed and Breakfast – A structure designed and occupied as a

residence in which sleeping rooms and a meal are provided on a daily or weekly basis for use by travelers for a charge or fee paid for the rental or use of the facilities*

Zones Allowed: Multiple Family Residential (R-4)**

Office-Residential (O-R)**

Travel Commercial (C-2)

General Commercial (C-3)*No proposed change to existing definition

**Allowed as Conditional Uses


Photo Courtesy of A Tuscan Estate –Corner of 8th and Evans

SPACING STANDARD Proposed spacing standard to apply to short term

rentals in residential zones (R-1, R-2, R-3, R-4, O-R)

In response to concerns of: Impacts to character of residential neighborhoods Conversion of large number of single family homes to

commercial-type rental uses Eliminate the potential for large percentage of any

particular neighborhood to convert to short term rental

Would not apply to resident occupied STRs or STRs in commercial zones (C-2, C-3)


SPACING STANDARD Proposed spacing standard: “Short term rentals shall not be located within 200 feet

of another short term rental.”

Distance based on general concentration discussed by Planning Commission at previous work sessions

Based on actual built environment in McMinnville -200 feet is the typical length of the smallest blocks in the city These areas are located in close proximity to downtown

to the northwest, south, and northeast


SPACING STANDARD


SPACING STANDARD


OPERATIONAL REQUIREMENTS

Type of dwelling units allowed as VHRs and bed and breakfasts historically unclear: “That the structure be designed for and occupied as a single

family residence. The structure shall retain the characteristics of a single family residence.”

This was interpreted to only allow them in single family dwellings


OPERATIONAL REQUIREMENTS Proposed language more clear on ability to operate STRs and

resident occupied STRs, and expands opportunity: That the structure be designed for and occupied as a single-family

residence. Short term rentals shall be allowed in single family dwellings, common-wall single family dwellings, two-family dwellings (duplexes), and accessory dwelling units (ADUs). The structure shall retain the characteristics of a single-family residence.

Does not allow STRs in multiple-family dwellings Planning Commission found that allowing STRs in these types of dwelling

units would have larger impact on housing affordability in the city

Use of and access to common space in multiple-family buildings complicated with STRs

If not subject to spacing standard, buildings could fully convert to STRs creating a hotel type use in residential zones


OPERATIONAL REQUIREMENTS

STRs and resident occupied STRs allowed in Accessory Dwelling Units (ADUs)

Existing VHRs allowed to continue as STR uses Grandfathered as nonconforming uses if they do not meet

spacing standard

Allowance for emergency contact for STRs to reside in 97128 zip code, rather than only within city limits


LICENSING REQUIREMENTS STRs and resident occupied STRs subject to existing

review and licensing processes in residential zones (R-1, R-2, R-3, R-4) and Office-Residential zone (O-R) Both require land use applications to be reviewed by the Planning

Director Both require property owner notification to owners within 100 feet STRs will require neighborhood meeting prior to land use

application submittal – Consistent with recent amendments to require neighborhood meetings for vacation home rentals

STRs in commercial zones (C-2, C-3) not subject to land use application review or licensing


LICENSING REQUIREMENTS

Renewal Requirements: Permits may be renewed for one-year periods upon payment of the

appropriate fee prior to its expiration date, provided that the permit has not been terminated under the provisions of Section 17.12.010(N)(9) below. must be renewed annually. Failure to renew the short term rental permit annually will result in the permit becoming void, and the use of the subject property as a short term rental will again be subject to the application and review procedures in Section 17.72.110.

Creates incentive for license holders to renew

If void, re-application required and subject to spacing standard

Could slowly eliminate nonconforming STRs (in terms of spacing) and eliminate properties no longer being used as STRs


OTHER CHANGES

Updating of Off-Street Parking and Loading Chapter (Chapter 17.60) and Applications and Review Process Chapter (Chapter 17.72)

Updates to reflect new definitions

No proposed changes to regulations (e.g. parking requirements, land use application review)


STAFF RECOMMENDATION

Staff recommends that the City Council adopt Ordinance 5047, as recommended by the Planning Commission, to update regulations related to STRs


QUESTIONS?


Documents

Ordinance No. 5047 - McMinnville, Oregon...2018/03/13 · (duplexes), and accessory dwelling units (ADUs). The structure shall retain the characteristics of a single-family residence