Klamath Falls City Zoning Code
ARTICLE 18
5 SHORT-TERM RENTALS
§ 12.700 Purpose.
The purpose of this article is to protect the function of the City's residential neighborhoods by limiting the proliferation of commercial short-term rentals (STRs) in residential zones while also allowing for diverse overnight accommodation types.
(Ord. 23-09, 2023)
§ 12.705 Applicability.
A.
No person can occupy, use, operate, or manage, nor offer or negotiate to use, lease, or rent a dwelling unit or portion thereof for short-term rental occupancy unless issued a short-term rental permit.
B.
A short-term rental permit is required for each dwelling unit or portion thereof allowed to be an STR even if located on the same property as another STR.
(Ord. 23-09, 2023)
§ 12.708 Enforceability.
A.
The standards of this article supersede standards elsewhere in the CDO unless otherwise stated.
B.
No entity may operate an STR without first acquiring a short-term rental permit and a business license. See City Code Chapter 7, Article 1, Business License and Registration Act.
1.
Business licenses for STRs may not be issued or renewed for a period greater than one year.
2.
An STR operating in a manner inconsistent with its approved review will have its business license revoked by the Director immediately upon notice and verification of the violation by the City.
a.
The business license may be reinstated if the owner/operator of the STR remedies the violation within one month of revocation.
b.
If the owner/operator does not remedy the violation within one month of revocation, the owner/operator must re-apply for a business license and pay all associated fees if seeking to operate an STR at the same location.
3.
If a business license for an STR is revoked more than two times in any two-year period, the short-term rental permit granting land use approval for the STR becomes void.
4.
Any entity under whom business licenses for STRs have been revoked more than two times in a two-year period may not apply for a business license for an STR for five years from the date of the most recent revocation.
C.
All STRs must come into compliance with this article no later than September 30, 2024.
(Ord. 23-09, 2023)
§ 12.710 Review type.
A short-term rental permit is considered a ministerial review and is subject to the review requirements in the following sections.
(Ord. 23-09, 2023)
§ 12.712 Application submittal requirements.
In addition to the requirements of CDO Chapter 10, Article 6, the following material must be submitted by the applicant:
A.
Application Forms. STR permit applications must be made on forms provided by the Planning Division and must include all requested information.
B.
If a person other than the property owner will be operating the STR, the name, address, email address, and telephone number of the operator must be provided.
C.
A floor plan identifying the number of bedrooms proposed for STR use.
D.
A landscaping plan demonstrating compliance with STR landscaping standards.
E.
A site plan and/or photograph of the property showing and indicating the number, location, dimensions, and surfacing of designated off-street and abutting on-street parking spaces that meet the minimum required number of STR parking spaces.
F.
Acknowledgement by signature that the owner and operator have read all regulations relating to the operation of a short-term rental under this article.
G.
Consent to inspection to ensure compliance with this article.
(Ord. 23-09, 2023)
§ 12.714 Decision requirements.
The Director's decision must use as approval criteria the rules and standards found in this article and other applicable sections of the CDO. Based on those criteria and the facts contained within the record, the Director shall approve, approve with conditions, or deny the requested STR permit, and a written or digital record of the decision shall be provided to the applicant and kept on file with the Department.
(Ord. 23-09, 2023)
§ 12.718 Final decision.
The Director's decision shall be final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The decision is the final decision of the City and cannot be appealed to City officials.
(Ord. 23-09, 2023)
§ 12.720 Effective date.
The decision is effective the day after it is final.
(Ord. 23-09, 2023)
§ 12.722 Density.
STRs are subject to the following density limitations:
A.
The number of dwelling units containing STRs within 250 feet of any other STR cannot exceed 10% of the number of total properties within the same area.
B.
No more than two dwelling units on any property may contain an STR except within the DB, GC, and MU zones. If there are two dwelling units on a property, inclusive of an ADU, only one dwelling unit may be concurrently used as an STR.
C.
STRs will not be approved on any property containing more than four dwelling units except within the DB, GC, and MU zones.
(Ord. 23-09, 2023)
§ 12.724 Limits on land use/license transfer.
Any application for a short-term rental permit or business license is specific to the owner of the dwelling unit or owner-authorized operator for which the permit or license is issued, respectively. This means that the use shall not run with the land, but shall terminate and be void with no further proceedings on sale or transfer of the real property which was rented pursuant to the short-term rental permit.
(Ord. 23-09, 2023)
§ 12.726 Standards.
A.
Occupancy.
1.
Maximum STR occupancy (number of persons) is dictated by the Oregon Building Code, Oregon Fire Code, United States Department of Housing, or other appropriate regulatory body. No portions of a dwelling unit except for approved, habitable bedrooms may be used for STRs.
2.
A dwelling unit that shares a wall with another dwelling unit may not contain an STR unless both units are STRs or if the owner of the STR occupies the unit with which it shares a wall.
3.
A dwelling unit may not be used as an STR if, at any time, any room within the dwelling unit is rented by a long-term tenant.
C.
Parking Requirements.
1.
STRs require a minimum of two parking spaces, one of which can be located on an immediately abutting street. STRs require one additional off-street parking space per approved STR bedroom above three.
2.
Parking spaces must be a minimum of 19 feet deep and nine feet wide.
3.
Parking spaces must be paved with asphalt, concrete, or an alternative material approved by the Director. See CDO Section 14.040.
5.
Where on-street parking is available immediately fronting the property, one on-street parking space may be counted towards STR parking requirements.
D.
Landscaping.
1.
Yards within the front setback and all yard areas visible from any street must be landscaped to a minimum of 50% vegetative cover at plant maturity.
2.
Shrubs and vegetative cover required under this section may be replaced by xeriscaping or decorative zeroscaping at the discretion of the Director.
3.
Use of gravel to replace landscaping is prohibited. Gravel may only be used to create footpaths between other landscaped elements.
E.
Behavior. Good Neighbor Guidelines, as published by the City, must be posted in a conspicuous place in each STR and adhered to by guests.
(Ord. 23-09, 2023)
§ 12.730 Prohibited uses.
No recreational vehicle, travel trailers, tents, or other temporary shelters may be used in conjunction with an STR or as an STR.
(Ord. 23-09, 2023)
§ 12.735 Abandonment of use.
§ 12.740 Expiration of approval and initiation of use.
If the STR does not initiate the use by renting for at least one night within the first 12 months of obtaining a STR Permit and business license, the STR review/permit becomes void.
(Ord. 23-09, 2023)
§ 12.745 Inspection.
All STRs are subject to inspection by the City for compliance with this article prior to commencement of the use.
A.
The Director may conduct a site visit upon an application for an STR to confirm the number of bedrooms stated on the application and the number, location and availability of on-site parking spaces. The site visit will be coordinated with the applicant and be conducted with reasonable notice during normal business hours.
B.
The Director or designee may visit and inspect the site of an STR on a prescribed schedule to ensure compliance with all applicable regulations, during normal business hours, and with reasonable notice and other procedural safeguards as necessary.
(Ord. 23-09, 2023)