Seaside vacation rentals may face tougher rules

SEASIDE, Ore. (AP) — Future operators of vacation rentals in Seaside may have to follow stricter guidelines than those owning rental homes follow now.

Although the city ordinance that governs rental dwellings won't change, the city planning commission and City Council expect to include additional "policies" that limit the number of occupants in the dwellings, require re-inspections, restrict dwellings in some residential areas and the encourage citations for properties that violate the ordinance.

Members of the planning commission and council reviewed the guidelines, proposed by City Planner Kevin Cupples Monday night. They agreed to continue to review them and contact Cupples if they had any concerns. Cupples said he expected that, after the short review period, the guidelines would go into effect within the next two months.

The guidelines were developed after three meetings with vacation property managers and owners and receiving comments from many others, said Bill Carpenter, a planning commission member.

The policy guidelines won't become law "because we didn't have a consensus on what changes should be made, so we decided to leave it alone," Cupples said.

But they will carry some weight for those who want to obtain a license to operate a vacation dwelling in the future.

The differences include:

— Maximum number of occupants

The current ordinance says that the maximum number of occupants cannot exceed three persons, over the age of 3, per bedroom. The city's code enforcement officer or fire marshal can reduce this number for valid code reasons.

The new guidelines restrict the number of occupants to 12 persons over the age of 3, regardless the number of rooms. Some exceptional circumstances may apply.

The occupancy regulations also apply to guests who may want to visit but not spend the night, Cupples said. He recalled a time when the best man in his wedding was renting a house in Seaside with a group of friends and invited Cupples over to visit.

"I told him 'I can't come by to see you because of the vacation rental ordinance,'" Cupples recalled. "I knew he would be over (the occupancy limit), and I didn't go over for that reason."

But Mayor Don Larson expressed concern that Cupples and others couldn't visit a house because of occupancy restrictions. "If there is a problem, you have to have some language" to correct it, he said.

— When the restrictions apply

The current ordinance doesn't address how the restrictions apply to the home's owners or non-renting groups that aren't part of the owner's family.

The new guidelines say that properties licensed as vacation rentals will be expected to adhere to the city's rules throughout the year, even when they aren't being rented for profit. However, the guidelines won't apply when members of the owner's family are present.

Several of those attending Monday's meeting debated how neighbors could determine whether the homeowner's family or renters were occupying the home.

"You don't always know who is in the home," said City Councilor Don Johnson. "You can't infringe on the rights of owners."

But, noted Dick Ridout, a member of the planning commission, "No one requires them to make their home a business, but when they do, they should adhere to the rules."

— Parking spaces

The current ordinance requires one 9-foot by 18-foot off-street space per bedroom and no fewer than two spaces per dwelling.

The new guidelines require the parking spaces to be identified on a parking map posted in the rental, and occupants aren't allowed to park on the street.

— Local contact

The current ordinance requires the rental's owner to identify a responsible party within Clatsop County to serve as an initial contact person in case of complaints or problems. The responsible party will provide a telephone number to the city and neighbors within 100 feet of the property.

The new ordinance says that the contact person must be available 24 hours a day to address compliance issues while the property is rented, and both daytime and after-hours phone numbers must be provided.

— Tsunami awareness

This is a new guideline, requiring the owner to post or otherwise provide a tsunami evacuation map in a conspicuous location. A NOAA weather radio with automatic alert capabilities also must be permanently affixed in a central part of the rental, along with an informational sheet.

— Time period for approval, required re-inspection

The current ordinance does not require a reinspection of a rental unit after it receives a conditional use permit. The permit could continue indefinitely.

The new guidelines would limit approvals for vacation rentals up to five years, unless the dwelling is reinspected. If the reinspection isn't completed within the five years, the permit will expire and a new application must be approved prior to obtaining a new business license for the sixth calendar year.

— Allowable rental dwelling areas

The current ordinance allows rentals in areas where they are "compatible with the surrounding land uses."

The new guidelines wouldn't allow rentals to "encroach into established residential areas that have historically been dominated by local residential occupancy or workforce areas. They won't be considered compatible in residential areas east of Neawanna Street, east of North and South Holladay Drive, east of South Roosevelt Drive from Holladay South, or within the Ocean Cove Estates subdivision.

— Complaint procedures

Although the current ordinance mentions that upon receipt of two complaints, the city code compliance officer will review the property, Cupples said any complaint should prompt some action, even those that are anonymous.

— Enforcement actions

The current ordinance doesn't address citations, but does suggest voluntary compliance. The new guidelines encourage the issuance of citations to owners who violate the rental rules, especially when the rental has no license or permits.