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Short-term rental housing regulations

Draft regulations for short-term/vacation rentals in unincorporated Clackamas County, including registration and enforcement

Proposed regulations on hold until Nov. 17, 2020

In response to changing circumstances brought about by the COVID-19 pandemic, on May 19, 2020, the Board of County Commissioners approved delaying any further consideration of regulations for short-term rentals until Tuesday, Nov. 17, 2020.  At that time the Board will discuss the issue and determine what, if any, additional action to take.

Read the proposed regulations and background information beginning on page 5.

Comments/questions? Contact Senior Planner Martha Fritzie at mfritzie@clackamas.us.

Overview

The draft regulations include provisions for short-term rental owners to register with the county every two years and pay a fee to help cover the costs of administration and enforcement. The exact fee amount will be approved by the Board of County Commissioners in spring 2020. At this time it is expected to be in the range of $800 to $900 for each two-year registration.

Enforcement of the regulations will be to carried out by either the Sheriff’s Office or Code Enforcement, depending on the issue.

Key components of the proposed regulations include the following:

  • Regulations would only apply outside of city limits in unincorporated Clackamas County.
  • All short-term rentals would be subject to the same regulations, except that short-term rental properties inside the Portland metropolitan urban growth boundary would be required to be the owner’s primary residence or located on the same lot as the owner's primary residence or adjacent to that lot. (The owner would not be required to be there when the short-term rental was occupied.)
  • Short-term rentals would have to be registered with the county. In addition to paying a registration fee, which the county would use to pay for administration and enforcement, the short-term rental owner would also be required to provide information at the time of registration, including:
    • Location
    • Contact information for someone who can respond to complaints
    • An affidavit of compliance with safety standards
    • Evidence that all county fees and taxes have been paid, including registration with the county’s Transient Lodging Tax program
    • Proof of liability insurance
    • A site plan and a dwelling unit floor plan
  • Maximum overnight occupancy of two people per sleeping area plus four additional people, not to exceed 15 people regardless of the number of sleeping areas.
  • One off-street parking spot required for each two sleeping areas
  • Garbage pick-up at least once a week, with any outdoor garbage containers required to be covered
  • Posted quiet hours from 10 p.m. – 7 a.m. (in accordance with current county ordinance)
  • Building and fire safety requirements related to smoke and carbon monoxide detectors, emergency escape routes, fire extinguishers, etc.
  • Short-term rental owners who do not comply with the regulations may be subject to enforcement consequences ranging from inspections, citations and fine, up to revocation of registration.
  • Allow guest houses to be used as short-term rentals
  • Set fines for violation of short-term rental regulations similar to those for many other code enforcement violations -- $250 for first citation, $500 for second violation, $75/month administrative fee while the case is open, and additional charges for each day the violation continues

If approved, the new regulations are expected to become effective July 1, 2020.

Background

What: Planning and Zoning Division staff have been working with the community and the Board of County Commissioners to develop draft regulations for properties used as short-term or vacation rentals in unincorporated Clackamas County (outside of city limits).

Why:The current County Zoning Ordinance does not clearly allow short-term or vacation rentals. However, since many homes are being used for this purpose and there is a growing interest among homeowners to rent their homes short-term, we are looking for the most effective way to potentially allow and regulate this type of land use.

Where: Any adopted regulations would only apply in unincorporated Clackamas County, not inside any of the cities in Clackamas County.

Definition
A short-term rental means a dwelling unit, or portion of a dwelling unit, that is rented to any person or entity for lodging or residential purposes, for a period of up to 30 consecutive nights.

  • The operator / host typically pays income tax, self-employment tax and lodging/hotel tax
  • Operators/hosts may be owners, renters or property management companies.
  • The properties are often advertised on websites such as Airbnb, Vacasa, HomeAway, VRBO, VacationRentals.com and Booking.com

County Board and Planning Commission meetings

Thursday, April 23, 2020
10 a.m. 
BCC Business Meeting:  Public Hearing – 2nd reading of proposed amendments — POSTPONED
Public Services Building 4th Floor, 2051 Kaen Road, Oregon City
Thursday, April 2, 2020
10 a.m.
BCC Business Meeting: Public Hearing - 1st reading of proposed amendments — POSTPONED
Public Services Building 4th Floor, 2051 Kaen Road, Oregon City
Wednesday, March 11, 2020
9:30 a.m.
BCC Policy Session: Discussion of Feedback on Draft Short-term Rental Regulations
Public Services Building 4th Floor, 2051 Kaen Road, Oregon City
Packet Audio 1 Audio 2
Thursday, Feb. 13, 2020
10 a.m.
BCC Business Meeting: Public Hearing - Continued 1st reading of proposed amendments
Public Services Building 4th Floor, 2051 Kaen Road, Oregon City
Video
Thursday, Jan. 30, 2020
6 p.m.
BCC Business Meeting: Public Hearing - 1st reading of proposed amendments
Public Services Building 4th Floor, 2051 Kaen Road, Oregon City
Video
Tuesday, Jan. 14, 2020
1:30 p.m.
BCC Policy Session: Preparation for Short-Term Rental Amendments 1st Reading
Public Services Building 4th Floor, 2051 Kaen Road, Oregon City
Audio
Tuesday, Oct. 22 BCC Policy Session
Packet Audio
Wednesday, Sept. 25 BCC Policy Session
Packet Audio
Tuesday, Aug. 6 BCC Policy Session
Packet Audio
Monday, June 10 Planning Commission
Agenda Packet Video
Tuesday, June 11 BCC Policy Session
Packet audio

For more information, contact Senior Planner Martha Fritzie at mfritzie@clackamas.us or 503-742-4529. 

Past Community Meetings

To find out what people think about the possibility of regulations for short-term / vacation rentals, County Planning staff presented information about why the county is considering regulations and asked for community input on what the regulations might include at seven meetings in May and June 2019. [Download the flier.] To see the presentation, check out the video on this site.

  • May 7 at the Boring Fire Station (hosted by Boring CPO)
  • May 18 at Mt. Hood Oregon Resort Trees Room (hosted by Rhododendron CPO)
  • May 20 at Development Services Building in Oregon City (hosted by Clackamas County)
  • May 22 at Beavercreek Grange Hall (hosted by Beavercreek Hamlet)
  • May 28 at Gladstone Church of the Nazarene (hosted by Jennings Lodge CPO)
  • June 3 at Clackamas Fire District Station 5 in Happy Valley (hosted by Sunnyside/West Mt. Scott CPO)
  • June 11 at Stafford Primary School (hosted by Stafford Hamlet)

Phone:503-742-4500
Email:zoninginfo@clackamas.us

150 Beavercreek Road Room #225 Oregon City, OR 97045

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