Clackamas County Short Term Vacation Rentals On Mt. Hood

One of the most popular vacation areas in the state of Oregon is the Mt. Hood area. We boast some of the highest numbers of short term rentals in the state. Clackamas County has been studying the impact of short term rentals in unincorporated Clackamas County. New codes will come in effect July 1st of this year. 

Here is some pertinent information directly from Clackamas County concerning the rules and regulations. So many of my clients are interested in supplementing their Mt. Hood property ownership with vacation rentals and this guide will help with some of the rules they may encounter. 

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

The new regulations are scheduled to become effective July 1, 2021.

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