Chapter 17.80
PROVISIONS APPLYING TO SPECIAL USES
Sections:
17.80.010 Schools.
17.80.020 Utility substation or pumping substation.
17.80.030 Automobile service station.
17.80.040 Standards for mobile home parks and recreational vehicle parks.
17.80.050 Vacation rental dwelling criteria.
17.80.060 Bed and breakfast accommodation standards.
17.80.070 Essential emergency communications and warning facilities.
17.80.010 Schools.
A. Nursery schools, day care centers and kindergartens shall have a minimum site size of 10,000 square feet and shall provide and thereafter maintain outdoor play areas with a minimum area of 100 square feet per child of total capacity. In all zones, a sight-obscuring fence of at least five feet but not more than six feet in height shall be provided separating the play area from abutting lots. Adequate off-street parking and loading shall be provided pursuant to Chapter 17.56 LCMC.
B. Elementary schools shall provide one acre of site area for each 90 pupils or one acre for every three classrooms, whichever is greater.
C. Secondary schools shall provide one acre of site area for each 75 pupils or one acre for every two and one-half classrooms, whichever is greater. (Ord. 92-3 § 4; Ord. 84-2 § 10.010)
17.80.020 Utility substation or pumping substation.
In the case of a utility substation or pumping substation, the planning commission may waive the minimum lot size requirement of the underlying zone only if it is determined that the waiver will not have a detrimental effect on adjacent property. (Ord. 92-3 § 4; Ord. 84-2 § 10.020)
17.80.030 Automobile service station.
Automobile service stations shall comply with the following development standards:
A. Site and Location.
1. The minimum area for a service station site shall be 14,000 square feet.
2. The minimum street frontage on a corner lot shall be 120 feet.
3. The minimum street frontage on an interior lot shall be 150 feet. (Ord. 92-3 § 4; Ord. 84-2 § 10.030)
17.80.040 Standards for mobile home parks and recreational vehicle parks.
A. Mobile Home Park Standards.
1. All mobile home parks shall be so designed so as to comply with state statutes.
2. If space for a mobile home in the park is located more than 500 feet from a public fire hydrant, the park shall be provided with hydrants so that no mobile home within the park shall be more than 500 feet from a hydrant when the park is fully occupied. Each hydrant shall be located on a vehicular way within the park and shall conform in design and capacity to the public hydrant standards in the city.
3. Except for the accessory roadway(s) of the park, a decorative, sight-obscuring fence at least five but no more than six feet in height shall be located 10 feet back from the outer boundary of the mobile home park. The area between the sight-obscuring fence and mobile home park boundary shall be landscaped. The fence and landscaping plan shall be approved by the planning commission.
4. Storage space (for boats, campers, etc.) shall be provided within the mobile home park at the rate of one 10-foot by 20-foot space in size for every four mobile homes within the park’s designed maximum capacity. Adequate maneuvering room shall be provided.
5. In any mobile home park, no more than 20 percent of the total spaces shall be available to and used by recreational vehicles. Such spaces shall be designed, constructed and maintained under the standards for a recreational vehicle park in this title. Furthermore, all such spaces shall be contiguous in one area of the park.
6. In every mobile home park there shall be a resident manager. The resident manager shall maintain a permanent residence within the park and shall be either the owner or his agent charged for the care and control of the mobile home park. The owner of the park shall notify the planning commission of the name of the original resident manager and all changes thereto within 14 days after any change takes place.
B. Recreational Vehicle Park Standards.
1. Surface drainage plans for the entire park shall be reviewed by the city manager or his designee. Exposed ground surfaces in all parts of the park shall be paved, or covered with stone screening or other solid materials, or protected with a vegetative growth capable of preventing soil erosion and of eliminating objectionable dust.
2. The space provided for each recreational vehicle shall not be less than 1,200 square feet. To the greatest extent possible, parks should be developed to preserve their natural character.
3. Each site for an individual recreational vehicle shall contain a paved pad of at least 400 square feet.
4. Recreational vehicles shall be separated from each other and from other structures by at least 10 feet. Any accessory structure attached to the recreational vehicle shall, for purposes of this separation requirement, be considered to be part of the recreational vehicle.
5. Off-street parking spaces shall be provided and improved in accordance with the requirements of Chapter 17.56 LCMC.
6. Roadways shall not be less than 30 feet in width if parking is permitted on the margin of the roadway or less than 20 feet in width if parking is not permitted on the edge of the roadway. All such roadways shall be paved with asphalt or concrete and be designed to permit easy access to each recreational vehicle space for recreational vehicles of at least 35 feet in length.
7. Except for the accessory roadway(s) of the park, a decorative sight-obscuring fence at least five but no more than six feet in height shall be located five feet back from the outer boundary of the recreational vehicle park. The area between the sight-obscuring fence and the recreational vehicle park boundary shall be landscaped. The fence and landscaping shall be approved by the planning commission.
8. Permanent occupancy is prohibited. No recreational vehicle shall be used as a permanent place of abode, dwelling or business or for indefinite periods of time. Continuous occupancy extending beyond three months in any 12-month period shall be presumed to be permanent occupancy.
9. Trash receptacles for the disposal of solid waste materials shall be provided in convenient locations for the use of guests of the park in such number and of such capacity that there is no uncovered accumulation of trash at any time, and that such containers shall be surrounded by sight-obscuring fence.
10. The park is to be maintained in a neat appearance at all times. Except for vehicles, there shall be no outside storage of materials or equipment belonging to the park or to any guest of the park. (Ord. 92-8 § 12; Ord. 92-3 § 4; Ord. 84-2 § 10.040)
17.80.050 Vacation rental dwelling criteria.
A. Purpose and Application.
1. Purpose. The accessory use of a dwelling for vacation rental is in recognition of the desire of many people to rent their vacation home on occasions when they, themselves, are not using it.
a. The city council of Lincoln City finds that this title as a whole authorizes a residential dwelling, with use of such dwelling for vacation rental allowed in certain residential zones, provided the use is incidental to the primary use as a residential dwelling. This purpose section is a criterion for approval of a vacation rental dwelling accessory use and shall constitute a performance standard under subsection (B) of this section.
b. The city council of Lincoln City finds that this title as a whole allows residential uses in commercial zones, with use of a dwelling for vacation rental allowed in certain commercial zones.
2. Application. The use of a single property for vacation rental dwelling use is allowed as an accessory use in any residential zone provided the dwelling meets the standards of this section.
B. Performance Standards. Use of a dwelling for vacation rental occupancy shall be allowed as an accessory use in a residential zone, provided the use is conducted under a vacation rental dwelling permit issued under subsection (E) of this section and all standards of this section are met, including the following performance standards:
1. There must be no offensive noise, smoke, dust, or odor noticeable at or beyond the property line resulting from the use of the dwelling as a vacation rental dwelling.
2. The use shall not adversely affect the residential character of the neighborhood.
3. The occupancy of the vacation rental dwelling must not generate excessive traffic.
4. One off-street parking space will be provided for each bedroom in the dwelling unit, but in no event shall less than two spaces be provided for each dwelling unit. Where the number of spaces required cannot be provided on site and also meet the other standards of subsection (B) of this section including required landscaping, the permitted occupancy of the dwelling shall be reduced to conform to the available amount of off-street parking. No more vehicles shall be parked on the property than there are designated off-street parking spaces. No variance from this requirement shall be allowed.
5. The dwelling must maintain the residential nature of the front and side yards. The lot must be landscaped and maintained as a permanent residence similar to the surrounding area.
6. The owner must also comply with the requirements of the transient room tax ordinance as a condition for issuance or renewal of a vacation rental dwelling permit.
7. The owner must provide securable receptacles of sufficient size for the deposit of solid waste generated by the vacation rental dwelling use and subscribe to a solid waste collection service for service sufficient for the vacation rental dwelling during all months the dwelling is used for vacation rental. No dumpsters are allowed.
8. The occupancy must comply with any additional conditions of approval that in the discretion of the planning and community development director are necessary to mitigate potential adverse effects of the vacation rental use on the neighborhood as determined by a review of the application and the record.
9. Any sign on the property shall be in compliance with the sign requirements for residential, not business, use of the dwelling as provided in LCMC 17.72.060(B).
C. Accessory Use Application and Review.
1. Application Requirements.
a. The owner of the property or authorized agent shall apply for a vacation rental dwelling accessory use on a form provided by Lincoln City. The owner shall sign the application. No application shall be accepted without payment of the application fee.
b. At a minimum, the names, mailing addresses, and telephone numbers of all persons as defined in subsection (E)(2) of this section and holding an ownership interest in the property, or holding an ownership interest in the entity that owns the property, shall be provided in the application.
c. The applicant shall certify that the person identified as the owner on the application does not own other property in the city that is used as a vacation rental dwelling or is approved by the city for vacation rental dwelling use.
d. Providing false information in the application shall be a violation of this section and grounds to deny or prohibit the use and revoke a vacation rental dwelling permit issued for the property.
2. Administrative Review and Decision.
a. The planning and community development director shall review and approve an application for vacation rental dwelling accessory use provided all standards of subsection (B) of this section are met.
b. Notice of application shall be provided as required in LCMC 17.76.020 and mailed at applicant’s expense to all owners of property of record as indicated on the most recently available tax assessment roll, and tenants of property, located within 250 feet of the exterior boundary of the property for which the application is made. Where 50 percent or more of the number of properties in the area subject to notice are owned by the same person, as defined in this section, the notice area shall be expanded until the number of properties owned by the same person constitutes 20 percent or less of the properties in the notice area. The notice shall contain the information required by LCMC 17.76.020(A) and allow any person opportunity to comment on the application within 20 days of mailing of the notice.
c. The city shall also mail notice of decision at applicant’s expense to all persons entitled to notice in subsection (C)(2)(b) of this section.
d. The authorization for accessory use shall remain valid, provided the use is conducted lawfully and under a valid revocable vacation rental dwelling permit.
3. Appeal. The decision of the planning and community development director on an application for vacation rental dwelling accessory use may be appealed as provided in LCMC 17.76.040(A). Appeal of the decision of the planning and community development director shall be in the form of an evidentiary hearing before the planning commission.
4. Fees. The city is authorized to adopt fees in an amount established by resolution to recover the actual costs of processing and reviewing an application for accessory use of a dwelling as a vacation rental including fees for appeals of such decisions.
D. Violation of Performance Standards – Penalties – Sanction.
1. Providing for use or occupancy of a vacation rental dwelling that fails to meet the performance standards in subsection (B) of this section is deemed a nuisance enforced as provided by law, and a violation enforceable as a Class A civil infraction and subject to fines and penalties for conviction as established in Chapter 1.16 LCMC. Violations shall be enforced as provided in LCMC 17.84.020.
2. Providing for vacation rental occupancy of a dwelling without approval of Lincoln City for the accessory use is a violation of subsection (B) of this section, enforceable as a Class A civil infraction and subject to fines and penalties upon conviction as established in Chapter 1.16 LCMC.
3. Use or occupancy of a vacation rental dwelling that fails to meet the performance standards of subsection (B) of this section may be grounds for revocation of a vacation rental dwelling permit, pursuant to subsection (H)(1) of this section.
4. In the event a person is convicted of a violation of subsection (B) of this section, the vacation rental dwelling accessory use shall be suspended by the city for a minimum of 14 days effective as of the date of the judgment of the court and for the length of time necessary to complete a permit revocation proceeding, if applicable.
5. The city manager shall send notice of suspension and pending permit revocation by mailing a notice of decision and right to hearing to the property owner and conducting a revocation proceeding, as provided in subsection (H) of this section. Notice of decision shall also be provided as required in subsection (C)(2) of this section.
E. Revocable Annual Vacation Rental Dwelling Permit.
1. Permit Required. Prior to engaging in the use of a vacation rental dwelling for any period of time, a person shall apply for a revocable permit for a vacation rental dwelling on forms provided by the city. A person shall submit a completed application along with payment of the applicable fee, as established by city resolution. A copy of the city approval of an application for vacation rental dwelling accessory use, as provided in subsection (B) of this section for property in a residential zone, shall be required to be provided in the permit application under this subsection. If an applicant fails to provide a copy of the approval of the accessory use in applying for a vacation rental dwelling permit or renewal permit for property in a residential zone, the application shall be deemed void. The fee for the vacation rental dwelling permit shall be in an amount to recover the city’s actual costs of reviewing and issuing the permit application, including any required inspections, and shall be established by resolution of the city council. A vacation rental dwelling permittee shall not be required to pay a business occupation tax in addition to the fee for an annual vacation rental dwelling permit.
2. Standards for Permit Issuance. A revocable vacation rental dwelling permit shall be issued for a period of one calendar year or portion thereof and may be renewed annually if the owner has a valid approval for vacation rental dwelling accessory use in a residential zone, all permit standards and conditions are met, there are no unresolved complaints concerning the vacation rental dwelling use as provided in subsection (G) of this section, there are no violations resulting from the vacation rental dwelling use or occupancy as provided in subsection (H) of this section, and the permit application or renewal application is determined to meet all requirements of this subsection (E).
a. The permit shall be issued in the name of the property owner and is not transferable. The permit shall terminate and be deemed void when the permit holder sells or transfers the property occupied or rented as a vacation rental dwelling. For purposes of this section, “sale or transfer” means any change of ownership during the lifetime of the permit holder, whether or not there is consideration, or after the death of the permit holder, except a change in ownership where title is held in survivorship with a spouse or domestic partner, or transfers on the owner’s death to a trust which benefits only a spouse or domestic partner for the lifetime of the spouse or domestic partner. A permit holder may transfer ownership of the real property to a trustee, a limited liability company, a corporation, a partnership, a limited partnership, a limited liability partnership, or other similar entity and not be subject to permit revocation so long as the transferor lives and remains the only owner of the entity. Upon the transferor’s death or the sale or transfer of his or her interest in the entity to another person, the permit held by the transferor shall terminate.
b. For property in a residential zone, no person shall be issued a new (or renewal) vacation rental dwelling permit who holds another vacation rental dwelling permit. For purposes of this chapter, “person” means the natural person or legal entity that owns and holds legal and/or equitable title to the property. If the owner is a natural person, or where the natural person has transferred his or her property to a trust of which the natural person is the trustor, that person can have an ownership right, title, or interest in no more than one dwelling unit that has a vacation rental dwelling permit. If the owner is a business entity such as a partnership, corporation, limited liability company, limited partnership, limited liability partnership or similar entity, any person who owns an interest in that business entity shall be considered an owner and such a person can have an ownership right, title, or interest in no more than one dwelling unit that has a vacation rental dwelling permit.
c. The fee for renewal of the vacation rental dwelling permit shall be in an amount to recover the city’s actual costs of reviewing and processing the permit renewal application, including any required inspections, and shall be established by resolution of the city council.
d. Providing false information in the permit application shall be a violation of this section, enforceable as a Class A civil infraction under Chapter 1.16 LCMC, and grounds to deny an application for vacation rental dwelling permit for the property or revoke a vacation rental dwelling permit.
3. A copy of the issued permit shall be sent to the county health department.
4. Vacation rental dwelling permit application requirements. In addition to meeting the performance standards of subsection (B) of this section, the owner of a vacation rental dwelling shall meet and maintain the following application requirements:
a. Applicant Certification. Except where the applicant satisfactorily demonstrates the vacation rental dwelling accessory use is authorized and lawful under subsection (I)(2) of this section, the applicant shall certify that no person identified as an owner on the application also owns other property in the city that is used as a vacation rental dwelling or is approved by the city for vacation rental dwelling use, and that all information provided is truthful.
b. Owner or Local Representative.
i. The city shall provide a form for application for permit or permit renewal. The owner shall sign the application. The owner shall provide complete information on the application including the name, address and telephone number of the owner. If the owner does not permanently reside within the Lincoln City urban growth boundary, the owner shall provide the name, address, and telephone number of a local representative who can be contacted concerning a complaint or violation from occupancy of the vacation rental dwelling in the event the owner is not available. The owner must provide a telephone number for contacting the local representative during regular business hours 8:00 a.m. to 5:00 p.m. and after business hours and on weekends. The local representative designated by the owner shall be a permanent resident within the Lincoln City urban growth boundary, or an individual staff of a business that manages rental of real property (rental agency) with a physical office located within the Lincoln City urban growth boundary and staffed with at least one person. If the owner permanently resides within the Lincoln City urban growth boundary, the owner may be the local representative, provided the owner meets all requirements of this subsection (E)(4)(b).
ii. The owner shall be responsible for maintaining a guest register for each tenancy of the vacation rental with a record of all vacation rental dwelling occupancy days. The register shall include the name, home address, and telephone number of the tenants and the dates of the rental period. The register shall be available for city inspection upon request. Failure to maintain or provide the required information shall be grounds to deny a renewal of a permit or revoke a permit and constitutes a violation of this chapter that may be enforced as a Class A civil infraction. The violation shall be counted in the number of offenses assessed against the permit pursuant to subsection (H) of this section.
iii. In addition to the owner, the local representative shall be authorized to respond to tenant and neighborhood questions, concerns, or complaints. The owner or local representative is the contact person for questions or complaints regarding the occupancy of the vacation rental dwelling. The owner or local representative shall be available to respond to complaints in a timely manner as may be considered reasonable depending on the circumstances, to ensure use of the vacation rental dwelling complies with the standards for vacation rental dwelling occupancy, city ordinances, and state law.
iv. The owner or local representative shall maintain a contemporaneous written record of the date, time, and nature of any complaint received and the action taken in response to the complaint. This record shall be made available to city inspection upon request.
v. The owner may change the name or contact information for the local representative at any time, provided the owner submits a completed revised permit application that includes the name, address and telephone number of the new local representative with the applicable fee as provided by resolution of the city council for a revised permit application. The purpose of such requirement is to maintain current information and to provide the revised information to property owners and occupants, as required in subsection (E)(4)(b)(vi) of this section. Failure to so notify the city of a change in name or contact information for the local representative constitutes a violation of this chapter, may be enforced as a Class A civil infraction, and shall be included in the number of violations assessed against the permit pursuant to subsection (H) of this section.
vi. The city will notify property owners and residents within 250 feet of the dwelling of the name, address, and telephone number of the local representative as provided in a permit, permit renewal, or revised permit application, so that other residents and property owners may contact the local representative to report complaints and request resolution of any problems associated with the occupancy of the vacation rental dwelling. The owner shall be responsible for the costs of mailing such notice. For purposes of this section, “resident” includes a person renting or leasing property for 12 or more months.
c. Inspection.
i. After January 31, 2008, at the time of application for a new or renewed vacation rental dwelling permit, the dwelling unit shall be subject to inspection for the purpose of verifying that the permitted property is in conformance with any or all required standards of subsection (E) of this section including an approved and properly functioning smoke alarm or smoke detector is installed on each floor, in each guest room in accordance with ORS 479.255, in each common hallway, and at least one smoke detector or smoke alarm for hearing-impaired persons and one door knock device is installed as applicable or required by ORS 479.257.
ii. If the vacation rental dwelling unit does not meet the requirements of subsection (E)(4)(c)(i) of this section at the time of inspection, the owner shall request re-inspection within 30 days. The city shall not take any action on the application for permit until the inspection requirement is satisfied.
iii. The city may adopt by resolution a fee to provide for a request for re-inspection under this subsection. As necessary and required to accommodate city resources, including available budget and personnel, the city may provide by resolution a schedule of re-inspection for permit renewals so that a vacation rental dwelling conducted under the same and continuing ownership is periodically reinspected for conformance with permit standards including smoke alarm and smoke detector requirements.
iv. The requirement to use a vacation rental dwelling in conformance with smoke detector or smoke alarm requirements of this subsection is a condition of approval of the vacation rental dwelling permit and an additional performance standard. Failure to meet the condition or performance standard is a violation enforceable as a Class A infraction.
v. In lieu of requiring inspection and a program of re-inspection for smoke detectors or smoke alarms under subsection (E)(4)(c)(i) of this section, the city may require an applicant and permittee to certify that the dwelling meets the required standards for smoke alarms or smoke detectors.
d. Permit Display. The vacation rental dwelling permit issued by the city shall be affixed to a wall within the interior of the dwelling adjacent to the front door. At a minimum, the permit will contain the following information:
i. A number or other identifying mark unique to the vacation rental dwelling permit and which indicates the permit is issued by the city of Lincoln City, with the date of expiration;
ii. The name of the owner or local representative and a telephone number where the owner or local representative may be contacted at all times;
iii. The telephone number and web site address of the city of Lincoln City and the Lincoln City police department;
iv. The maximum number of vehicles allowed parked on the property;
v. The solid waste collection day;
vi. Required Lincoln City quiet hours;
vii. Any other information required by the city to be included in the posted permit regarding permit standards or conditions of occupancy.
F. Permit Renewal.
1. If a revocable vacation rental dwelling permit is not renewed as required in this section, the use shall be presumptively deemed discontinued and the permit shall expire as provided in this subsection.
2. Renewal Application Process. A person engaging in rental of a vacation rental dwelling pursuant to an approved permit shall apply to renew the vacation rental dwelling permit on forms provided by the city, as follows:
a. Renewal Period and Application. A completed permit renewal application and renewal fee, as established by city resolution, are due no earlier than December 1st of the calendar year for the following calendar year, and no later than January 31st of the calendar year for the same calendar year. The city may impose a late fee for renewal applications submitted beyond the 60-day renewal period, as established by resolution.
b. Permit Expiration – Late Period. If the city has not received a completed permit renewal application and renewal fee accompanied by the applicable fee by January 31st of the applicable year, the vacation rental dwelling permit is subject to expiration as of December 31st of the prior year. The expiration will take effect 10 days, without further notice, from the date the city sends notice to the owner, as provided in subsection (F)(2)(c) of this section, unless the owner submits a renewal application with required fees within the 10-day notice period. After a permit expires and is not renewed, the property may not be lawfully used as a vacation rental dwelling unless a new vacation rental permit is obtained by the owner.
c. Notice. The city shall send notice of expiration under subsection (F)(2)(b) of this section to the owner of any property for which a renewal application has not been submitted. If the owner submits a completed application to renew the vacation rental dwelling permit accompanied by the required fees within the 10-day late period, the city shall accept the application for permit renewal and issue a decision on the application.
d. Permit Expiration. If the owner does not submit a renewal application as required under this subsection (F)(2), the permit in effect for the prior year shall expire as of December 31st of that year without further action of the city. The city shall not be required to send any additional notice of permit expiration to the owner except as described herein.
e. Expired.1
3. The city shall review an application for permit renewal and issue a renewal of the vacation rental dwelling permit provided the following standards are met:
a. The permittee has provided all required information within the time required for application, and all applicable requirements of subsection (E) of this section are met;
b. The vacation rental dwelling accessory use of the property has been previously approved and is valid;
c. The permit subject to renewal is current, valid, and has not been suspended or revoked;
d. Where city records show more than one complaint about the vacation rental dwelling occupancy were received during the permit year, including any complaints that remain unresolved, the applicant shall bear the burden of proof of demonstrating that the complaints have been satisfactorily resolved or the complaints are not reasonably applicable to the occupancy of the vacation rental dwelling.
G. Appeals of City Permit Decisions.
1. Authority to Decide Appeal. A city hearings officer shall be appointed by the city council for the purpose of hearing and deciding an appeal of a city decision approving or denying an application or renewal application for a vacation rental dwelling permit in any zone. The city hearings officer is authorized to affirm the city decision as originally approved by the city or as amended by the city hearings officer after hearing on the appeal, or reverse or remand the decision.
2. Standard of Review. In deciding whether to affirm, affirm with amendments, reverse, or remand the decision under appeal, the city hearings officer shall determine whether the city’s decision is supported by substantial evidence based on the whole record. The decision of the city hearings officer shall be final and not subject to further appeal; except, however, the city hearings officer shall be authorized to request a determination from the director or city council of an interpretation of a city ordinance. In the event such determination is required prior to a final decision of the city hearings officer, the city hearings officer shall suspend the appeal proceedings until such time as the requested interpretation has been issued and the timelines of subsection (G)(6) of this section shall be extended accordingly.
3. Standing to Appeal – Filing Requirements – Notice. Any person entitled to notice of decision or otherwise affected or aggrieved may file a written appeal including the basis for the appeal within 10 days of the decision being appealed. The city council may establish by resolution a fee for filing an appeal, which shall be jurisdictional. The city manager or the city manager’s delegee may establish administrative procedures to implement the appeal procedures provided in this subsection, including any required forms. The city shall send notice of hearing at least 10 days prior to the hearing.
4. Hearing on Appeal. The city manager, within 10 days of the date the city receives the appeal, shall schedule a date for the appeal hearing and send notice of hearing to the city and the appellant. If the city or the appellant requests to postpone or reschedule the hearing, the hearing date may be rescheduled within 30 days by the city hearings officer. At the hearing, the appellant and the city shall have the opportunity to present evidence and arguments, including witness testimony. The city shall maintain a summary record of proceedings, including the date and time of hearing, the names of the parties and witnesses, if any, a list of documents or evidence submitted, and the nature of the oral decision, if any, made at the conclusion of the hearing.
5. The city hearings officer shall issue a written decision on the appeal, including findings of fact and conclusions of law, within 60 days of the date the appeal is received by the city.
6. The city hearings officer may adopt and publish procedures for hearings not in conflict with this subsection, including but not limited to time limits on testimony and length limits on written argument. The city manager is authorized to provide materials and assistance to the city hearings officer as necessary or required to carry out the duties and responsibilities described in this subsection.
H. Complaints.
1. The city manager or the manager’s designee is authorized to implement an administrative procedure to record and respond to complaints about occupancy and use of a vacation rental dwelling.
2. In response to a complaint concerning the occupancy of a vacation rental dwelling, city staff including but not limited to the Lincoln City police department shall make at least three attempts to contact the owner and local representative using the information provided in the application for the vacation rental dwelling permit. If neither the owner nor the local representative is available, the person receiving the complaint shall document the nature of the complaint and the efforts to reach the owner and local representative, including the results of those efforts, and forward a copy of the report to the city manager or the city manager’s designee.
3. Failure of the owner or local representative to respond to a complaint relayed by city staff on at least two separate occasions shall constitute a violation of this chapter and a Class A civil infraction enforced against the owner under Chapter 1.16 LCMC. In addition to authority to impose fines and penalties as provided by law, the municipal court shall notify the city manager or his designee of any judgment of conviction for violation under this subsection within 10 working days of entry of judgment. Upon receiving such notice of conviction from the municipal court, the city manager or the city manager’s designee shall initiate proceedings to revoke the vacation rental dwelling permit for the property naming the property owner. The revocation shall be conducted under the procedure provided in subsection (J)(3) of this section.
I. Violations – Penalties.
1. The following conduct shall constitute grounds for suspension or revocation of a vacation rental dwelling permit and shall also constitute a violation enforceable as a Class A civil infraction and subject upon conviction to penalties and fines as established in Chapter 1.16 LCMC:
a. The owner, owner’s agent, or local representative has provided for occupancy of the vacation rental dwelling without receiving approval for a vacation rental dwelling accessory use or without receiving approval of a vacation rental dwelling permit, in violation of this chapter;
b. The owner has failed to comply with the permit requirements of subsection (E) of this section. Proof of the following establishes a rebuttable presumption of violation of this subsection:
i. Trash or litter is present on the property and not contained in solid waste containers;
ii. While occupied as a vacation rental dwelling, the number of vehicles parked on the property exceeded the number allowed;
iii. The owner or local representative failed to respond to an inquiry or complaint as established in subsection (H) of this section;
iv. The owner or local representative did not respond to a complaint as required in subsection (H)(3) of this section;
v. The tenants of the vacation rental dwelling created noise, disturbance, or a nuisance in violation of the Lincoln City Municipal Code;
vi. The tenants of the vacation rental dwelling violated state law pertaining to the consumption of alcohol or the use of illegal drugs.
For purposes of this subsection, “violation” means a violation that has been adjudicated by a court of competent jurisdiction whose final order and judgment is not subject to further appeal or has not been appealed;
c. The permittee has failed to pay the transient room tax, as required by Chapter 3.04 LCMC.
2. Penalties for violation of the provisions of this section shall be as follows:
a. Each day in which a dwelling is used in violation of subsection (B) or (E) of this section shall be considered a separate violation of this chapter.
b. The penalty for violation of any provision of this chapter is revocation of the vacation rental dwelling permit, in addition to any other penalty provided by law.
c. In addition, for the first violation of any provision of this section within a 12-month period, the sanction may be a warning notice. If the same offense continues to occur or a second offense occurs at any time during the 12-month period, the permit shall be subject to revocation.
d. The city shall provide the owner and local representative written notice of any violation pursuant to subsection (I)(1) of this section.
J. Revocation Procedure.
1. If the vacation rental dwelling permit is suspended or revoked, the city shall send written notice of suspension and/or revocation to the owner stating the basis for the decision. The owner may appeal the city manager’s decision to revoke the permit to the city hearings officer by filing a letter of appeal with the city manager within 20 days after the date of the mailing of the city manager’s decision and order of revocation and paying an appeal fee as established by resolution of city council. Upon receipt of an appeal, the city manager shall stay the revocation decision until the appeal has been determined.
2. With the exception of the 10 days to appeal a permit decision provided in subsection (G)(3) of this section, in all other respects the procedure for conduct of the appeal of a decision to suspend or revoke a permit shall be conducted as provided in subsection (G) of this section.
3. In the event of revocation of a permit, the city shall send informational notice of a final decision revoking a permit to the owners of property located within 250 feet of the property subject to the permit.
4. Appeal of a decision to revoke a vacation rental dwelling accessory use or permitted use shall be conducted as for an appeal of an administrative staff decision to the planning commission. The decision of the planning commission shall be final.
5. Discontinuance of Vacation Rental Dwelling Occupancy.
a. After Revocation. After a vacation rental dwelling permit has been revoked, the dwelling unit may not be used or occupied as a vacation rental dwelling, and the owner of the property to which the permit applied and whose permit has been revoked shall not be eligible to re-apply for a vacation rental dwelling permit for vacation rental occupancy of the same property for a period of 12 months from the date of revocation. If the city revokes an owner’s vacation rental dwelling permit on two separate occasions, the owner shall not be eligible to re-apply for a vacation rental dwelling permit for the same property.
b. After Expiration. After a vacation rental dwelling permit has expired, the dwelling unit may not be used or occupied as a vacation rental dwelling, and the owner of the property to which the permit applied and whose permit has expired shall be required to apply for and obtain a vacation rental dwelling permit before the property may be lawfully used or occupied as a vacation rental dwelling.
6. Violations of this section may also be enforced as civil infractions as provided in Chapters 1.16 and 17.84 LCMC in addition to the violations, penalties, and procedures established in this section.
K. Prior Existing Use.
1. Application of Chapter 17.60 LCMC, Conditional Uses. Any vacation rental dwelling accessory use approved by the city under the conditional use standards of Chapter 17.60 LCMC prior to November 21, 2007, and lawfully conducted may continue as a nonconforming use after such date, provided the occupancy of the vacation rental dwelling is lawfully conducted under a valid vacation rental dwelling permit or renewal permit as required by this section. The owner of the dwelling has the burden of establishing the right to a prior approved conditional use when applying for a vacation rental dwelling permit.
2. A vacation rental dwelling accessory use that is not a conditional use and was approved by the city prior to November 21, 2007, shall be allowed to continue, provided the occupancy of the vacation rental dwelling is lawfully conducted under an approved vacation rental dwelling permit or renewal permit as required by this section. Provided the occupancy is otherwise lawfully conducted, the use may continue until such time as the permit holder sells, transfers or conveys the property to which the approved use and permit apply. The owner of the dwelling has the burden of establishing a prior approved use under this subsection.
3. Any use conducted under this subsection (K) must conform to all requirements of this section except where specifically provided herein. (Ord. 2008-17 § 1; Ord. 2008-07 § 1; Ord. 2007-11 § 1; Ord. 2002-02 § 2; Ord. 95-15 § 16; Ord. 92-3 § 4; Ord. 84-2 § 10.050)
17.80.060 Bed and breakfast accommodation standards.
Bed and breakfast accommodations shall comply with the following standards:
A. All residences used for bed and breakfast accommodations shall be owner-occupied. No separate structures shall be allowed.
B. No more than 25 percent of the entire structure but no more than two bedrooms shall be used as a part of the bed and breakfast accommodation.
C. Each room rented shall not be rented for a period to exceed 15 consecutive days.
D. Maximum signage of one and one-half square feet shall be allowed in residentially zoned areas of the city.
E. Bed and breakfast accommodations must maintain the residential lawn nature of front and side yards. (Ord. 95-15 § 17; Ord. 84-2 § 10.060)
17.80.070 Essential emergency communications and warning facilities.
A. Essential emergency communications and warning facilities are not required to comply with the minimum lot size, parking, landscaping, city services availability, or yard requirements of the zone in which they are located.
B. Essential emergency communications and warning facilities are not required to comply with the requirements of LCMC 17.52.240. (Ord. 2005-14 § 13; Ord. 84-2 § 10.070)
Code reviser’s note: Section 3 of Ordinance 2008-07 provides that the provisions of LCMC 17.80.050(F)(2)(e) shall expire as a matter of law on November 30, 2008, unless the city council provides otherwise by taking action by October 30, 2008, to approve an amendment to the ordinance codified in this section that has the effect of extending the provisions.