Short-Term Rental Housing Regulations

Updates

Update 3/31/21

Board approves delaying implementation of short-term rental regulations until July 1, 2022.

Update 12/17/20

On Dec. 17, 2020, the Board approved changes to the Zoning & Development Ordinance (ZDO) to allow for short-term rentals in unincorporated Clackamas County.

Notice ▼

Though these amendments were approved by the Board of Commissioners Dec. 17, 2020, they have not been acknowledged under state law because an appeal was filed with the Oregon Land Use Board of Appeals. Based on Oregon Revised Statutes 197.625, the County will proceed to apply the amended regulations to land use decisions, expedited land divisions and limited land use decisions, However, if the appeal is successful and the amended regulations are not acknowledged under state law, any permit or zone change approved in whole or in part on the basis of the amended regulations will not justify retention of the improvements that were authorized by the permit or zone change. Therefore, before any person or entity proceeds with development plans that are dependent on the amended regulations, they are advised to consult first with Planning and Zoning Division staff, and seek independent legal advice.

Update 11/25/20

On Nov. 25, the Board approved amendments to the County Code which include a registration program and regulations for short-term rentals.

Overview

The 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 2021. At this time it has been estimated to be in the range of $800 to $900 for each two-year registration.

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

Key components of the regulations include the following:

  • Regulations only apply outside of city limits in unincorporated Clackamas County.
  • All short-term rentals will be subject to the same regulations, except that short-term rental properties inside the Portland metropolitan urban growth boundary are 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 is not required to be there when the short-term rental is occupied.)
  • Short-term rentals will have to be registered with the county. In addition to paying a registration fee, which the county will use to pay for administration and enforcement, the short-term rental owner will 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

Background

What
Planning and Zoning Division staff worked 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  County Zoning Ordinance did not clearly allow short-term or vacation rentals. 

Where
The adopted regulations  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

March 30, 2021 Board Policy Session
Short-term Rental Program Update
Packet Video
Dec. 9, 2020 BCC Land Use Hearing 
On permitting short-term rentals in unincorporated Clackamas County by amending the county’s Zoning & Development Ordinance (ZDO); public comments welcome
Nov. 26, 2020 BCC Business Meeting and Public Hearing
Second reading on establishing a registration program and regulations in the County Code; public comments welcome
Nov. 23, 2020 Planning Commission meeting and public hearing
On permitting short-term rentals in unincorporated Clackamas County by amending the county’s Zoning & Development Ordinance (ZDO); public comments welcome
Nov. 9, 2020 Planning Commission Work Session
Presentation
Nov. 5, 2020 BCC Business Meeting and Public Hearing
First reading on establishing a registration program and regulations in the County Code; public comments welcome
Oct. 13, 2020 Board Policy Session, File ZDO-273: Short-Term Rentals
Packet Video
April 23, 2020 BCC Business Meeting:  Public Hearing – 2nd reading of proposed amendments — POSTPONED
Public Services Building 4th Floor, 2051 Kaen Road, Oregon City
April 2, 2020 BCC Business Meeting: Public Hearing - 1st reading of proposed amendments — POSTPONED
Public Services Building 4th Floor, 2051 Kaen Road, Oregon City
March 11, 2020 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
Feb. 13, 2020 BCC Business Meeting: Public Hearing - Continued 1st reading of proposed amendments
Public Services Building 4th Floor, 2051 Kaen Road, Oregon City
Video
Jan. 30, 2020 BCC Business Meeting: Public Hearing - 1st reading of proposed amendments
Public Services Building 4th Floor, 2051 Kaen Road, Oregon City
Video
Jan. 14, 2020 BCC Policy Session: Preparation for Short-Term Rental Amendments 1st Reading
Public Services Building 4th Floor, 2051 Kaen Road, Oregon City
Audio
Oct. 22, 2019 BCC Policy Session
Packet Audio
Sept. 25, 2019 BCC Policy Session
Packet Audio
Aug. 6, 2019 BCC Policy Session
Packet Audio
June 11, 2019 BCC Policy Session
Packet audio
June 10, 2019 Planning Commission
Agenda Packet Video

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)
Contact
Department Staff
Martha Fritzie
Principal Planner
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