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PORTLAND, OREGON 97204 TEL. (503) 227-1600 FAX (503) 227-6840 Page 1 - DECLARATION OF STEVEN C. BERMAN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF LINCOLN JUDY CAMMANN, an individual; JOHN BLACKBURN, an individual; LAURI HINES, an individual; and PETER PREHN, an individual, Plaintiffs, v. DANA W. JENKINS, in his capacity as County Clerk; CURTIS L. LANDERS, in his capacity as Lincoln County Sheriff; and LINCOLN COUNTY, Defendants. Case No. 21CV46002 DECLARATION OF STEVEN C. BERMAN IN SUPPORT OF PLAINTIFFS’ MOTION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT ENTER I, Steven C. Berman, declare as follows: 1. I am a lawyer with Stoll Stoll Berne Lokting & Shlachter, P.C. and counsel for Plaintiffs Judy Cammann, John Blackburn, Lauri Hines, and Peter Prehn (“Plaintiffs”) in this matter. This declaration is based on my personal knowledge and, if called to testify to the following facts, I could and would competently do so. I submit this declaration in support of Plaintiffs’ Motion for a Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not Enter. 2. Prior to filing this motion, I had multiple conversations and email communications with Kristin Yuille, who is County Counsel for Lincoln County, and with Christopher Crean at Beery Elsner & Hammond LLP, who has been retained by Lincoln County as outside counsel to assist with the defense of this lawsuit. During those conversations and emails, I conferred extensively with Ms. Yuille and Mr. Crean in a good faith effort to resolve 11/30/2021 1:18 PM 21CV46002

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Page 1: 11/30/2021 1:18 PM 21CV46002

STOLL STOLL BERNE LOKTING & SHLACHTER P.C. 209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204 TEL. (503) 227-1600 FAX (503) 227-6840

Page 1 - DECLARATION OF STEVEN C. BERMAN

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IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF LINCOLN

JUDY CAMMANN, an individual; JOHN BLACKBURN, an individual; LAURI HINES, an individual; and PETER PREHN, an individual,

Plaintiffs,

v.

DANA W. JENKINS, in his capacity as County Clerk; CURTIS L. LANDERS, in his capacity as Lincoln County Sheriff; and LINCOLN COUNTY,

Defendants.

Case No. 21CV46002

DECLARATION OF STEVEN C. BERMAN IN SUPPORT OF PLAINTIFFS’ MOTION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT ENTER

I, Steven C. Berman, declare as follows:

1. I am a lawyer with Stoll Stoll Berne Lokting & Shlachter, P.C. and counsel for

Plaintiffs Judy Cammann, John Blackburn, Lauri Hines, and Peter Prehn (“Plaintiffs”) in this

matter. This declaration is based on my personal knowledge and, if called to testify to the

following facts, I could and would competently do so. I submit this declaration in support of

Plaintiffs’ Motion for a Temporary Restraining Order and Order to Show Cause Why

Preliminary Injunction Should Not Enter.

2. Prior to filing this motion, I had multiple conversations and email

communications with Kristin Yuille, who is County Counsel for Lincoln County, and with

Christopher Crean at Beery Elsner & Hammond LLP, who has been retained by Lincoln County

as outside counsel to assist with the defense of this lawsuit. During those conversations and

emails, I conferred extensively with Ms. Yuille and Mr. Crean in a good faith effort to resolve

11/30/2021 1:18 PM21CV46002

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STOLL STOLL BERNE LOKTING & SHLACHTER P.C. 209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204 TEL. (503) 227-1600 FAX (503) 227-6840

Page 2 - DECLARATION OF STEVEN C. BERMAN

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the issues in dispute in this motion before filing this motion, but we were unable to resolve the

issues raised in this motion without the assistance of the Court. On November 29, 2021, I

notified Ms. Yuille and Mr. Crean that we would be filing the motion for a TRO the following

day.

3. Attached as Exhibit 1 is a true and correct copy of Lincoln County Ballot Measure

21-203.

4. Attached as Exhibit 2 is a true and correct copy of a November 16, 2020

Memorandum re: Short Term Rental Licensing Program Update from Wayne Belmont, then-

County Counsel, to the Lincoln County Board of Commissioners. I downloaded the

memorandum on November 16, 2021 from

https://www.co.lincoln.or.us/sites/default/files/fileattachments/board_of_commissioners/page/92

51/memorandum_november_16_2020_update.pdf. In footnote 3 on page 2 of the memorandum,

Mr. Belmont wrote that he had concerns about “several legal and risk management issues in the

language in the” Measure. He further wrote that it “is my legal opinion that if adopted,” the

Measure “will lead to litigation and County exposure to monetary claims . . .”

5. At a September 29, 2021 Lincoln County Board of Commissioners meeting, a

recording of which can be found at https://www.youtube.com/watch?v=NY6BDOE5-1Q, Mr.

Belmont stated at 1:34:02-1:34:19 of the recording that “the Ballot Measure takes the approach

of dealing with these [short-term rental licenses] as land use regulations, and I already have

articulated very clearly that I think there are a number of legal issues and questions in dealing

with this particular issue through the land-use system.” The County Commissioners also

discussed the Measure at 1:34:44–1:38:19 of the recording, and each voiced their opposition to

the Measure. I reviewed this recording at the above link on November 16, 2021.

6. Attached as Exhibit 3 is a true and correct copy of the Minutes of Meeting from

the September 29, 2021 Lincoln County Board of Commissioners meeting, which I downloaded

on November 29, 2021 from

Page 3: 11/30/2021 1:18 PM 21CV46002

STOLL STOLL BERNE LOKTING & SHLACHTER P.C. 209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204 TEL. (503) 227-1600 FAX (503) 227-6840

Page 3 - DECLARATION OF STEVEN C. BERMAN

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https://www.co.lincoln.or.us/sites/default/files/fileattachments/board_of_commissioners/meeting

/14511/order_10-21-332_9.29.2021_minutes.pdf. The Minutes state at page 3 that

“Commissioner Hunt shared that he is very concerned about the ballot measure and shared that it

could be financially crippling to the county. Commissioner Jacobson also shared that she has

concerns about the ballot measure. She believes that there may be a misconception that the ballot

measure is only for unincorporated Lincoln County. She is concerned that because the whole

county is voting, there is a misconception that it affects the whole county which is not the case.

Commissioner Hall is concerned that if this ballot measure is enacted, it is highly likely that it

will face court battles. There are concerns about the amount of legal staff time spent fighting a

measure that is flawed.”

7. Attached as Exhibit 4 is a true and correct copy of a printout of the Lincoln

County November 2021 Special Election Final Official Results webpage, which I downloaded

on November 29, 2021 from https://www.co.lincoln.or.us/clerk/election/november-2021-special-

election.

8. Attached as Exhibit 5 is a true and correct copy of a printout of the Lincoln

County Short Term Rental Licensing webpage, which I downloaded on November 29, 2021 from

https://www.co.lincoln.or.us/sheriff/page/short-term-rental-licensing.

9. Attached as Exhibit 6 is a true and correct copy of a printout of the Short Term

Rental (STR) Licensing – 2021 webpage from the Lincoln County website, which I downloaded

on November 29, 2021 from https://www.co.lincoln.or.us/boc/page/short-term-rental-str-

licensing-2021. As of the date of the filing of the TRO, the webpage states that the Measure

became effective as of November 19, 2021, and that “license questions can be directed to Sheriff

Civil Division.”

10. My understanding is that the County did not hold a public hearing on the Measure

as a zoning ordinance or provide notice of a public hearing on a zoning ordinance, given the

County’s position that Measure 21-203 is not a zoning ordinance.

Page 4: 11/30/2021 1:18 PM 21CV46002

STOLL STOLL BERNE LOKTING & SHLACHTER P.C. 209 S.W. OAK STREET, SUITE 500

PORTLAND, OREGON 97204 TEL. (503) 227-1600 FAX (503) 227-6840

Page 4 - DECLARATION OF STEVEN C. BERMAN

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I hereby declare that the above statement is true to the best of my knowledge and belief,

and that I understand it is made for use as evidence in court and is subject to penalty for perjury.

DATED this 30th day of November, 2021.

s/ Steven C. Berman Steven C. Berman, OSB No. 951769

Page 5: 11/30/2021 1:18 PM 21CV46002

Prospective Petition SEL 370 rev 0 L/18 ORS 250 045, Local Initiative and Referendum 250,lGS, 2S0.265, 2S5,135

Q Warning Supplying false information on this form may result in conviction of a felony with a fine of up to $125,000 and/or prison for up to 5 years.

~I. INL. 2020.02

Each chief petitioner is required to provide, on the same form, their name, residence address, a contact phone number and a signature attesting that the information on the form is true and correct. Changes to the information provided for a chief petitioner or to the circulator pay status below must be reported to the Elections Division no later than the 10th day after you first have knowledge or should have had knowledge of the change.

Petition Information Type

This filing is an Original D Amendment 'pl] Initiative D Referendum

1 Jurisdiction Some Circulators may be Paid

C8I County □ City 0 District D Yes IE] No

Title Subject or name you give your petition.

A :J • •rve l LCC.., S:.>. c 10() 1-i,'ib~ -fh·oU, '' 1. :_lff(,O,Jh,~,·+· rwNY 'Ren1(-t.l ofc.bwe.lfit) U.nih:i Website if applicable

Petition Correspondence Select the method of rece1vi11g notices or other correspondence from the Filing Officer ----------- --------1 D Correspondence Recipient Email Chief Petitioners O Mail Chief Petitioners --- ·--- ----- ----------------------1 Recipient Information

Name

Chief Petitioner Information At least one original chief petitioner must remain throughout the petition process or the petition is void.

➔ By signing this document, I hereby state that all information on the form is true and correct and attest that no circulators will be compensated mon y or other valuable consideration on this petition based on the number of signatures obtained by the circulator.

Name

t-,lD I\ 'i C.. ~ Residence Address street, city, state, zip

J ·1- 5 -.5· Q CJ c, k (!,, ~-.z_d<.-- Au e.

Mailing Address if different

Signature

·,it 'Yh tl,. fL Name

Residence Ad~ress street, city, state, zip

Mailing Address if different

Name

1°11 chs le Residence Address street, city, state , zip

j f- :;, o R ~ de · C, r-- e e,¥- /\. v e. Mailing Address if different '

Signature

I .,u I

JU O 2 2020

Contact Phone

,fj{}) ~ 0i5--~£i-iC.1

Email Address

Mon 11

tct.k l 1'"~ tfl/ C\\a u. <.1! N\ Date ~igned

111 I I 2-o 7,,..C)

Contact Phone

Email Address

/Vltl r · ~0 c .· i"'tct~l, ---0 M

Date Sign~ , /- I - 2t1'2o

Contact Phone

-~~ i I·- 1 ~ 5· .,. 2 8 cl q

Email Address

u.,... -~-,> I'\<.{ 1, ~ y':f (l, s \" t.:td . ~0,'h. Date Signed

7-/ -~0 .. .20 Exhibit 1 Page 1 of 12

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SECTIONS 4.405-4.460 OF CHAPTER 4 OF THE LINCOLN COUNTY CODE SHALL IIEREBY BE AMENDED AS FOLLOWS:

Note: T ' tin non-l old la· I type is existing language in the C<)de. Boldfaced type indicates language ll be addc I· /it t!ic and brack ted/ text is existing l,1n13n. ge l he deleted.

SHORT TERM RENTAL OF DWELLING UNlTS

4.405 findings and Purpose (I) The f ,incoln County Board of Commissioners finds that: (a) The gr wth in lh num er or . h rt term r ··ntal <1r' <lw !ling uni ls within the County has

been ace m panie<l by increa ·ed probl ms of cxcessi v ·· noi:c spilled garbage, shortages of parking an I overcr <led ace< mrnodation ;

(b) The best way lo regulate these impacts is to establish con foion tor opera ti n of these rentals and to implement a licensing program by the County to cnsur complinnce with those standards; and

(c) The conditions established herein will allow operation of such rentals in a manner that respects and protecls the livability of the neighborhoods in which these rentals arc located.

(2) The people of Lincoln County find that within low density residential zones R-1-A, R-1 and R-2, a major purpose of these provisions is to control, manage and limit vacation rentals in single-family dwellings to protect the character of neighborhoods for residents. Because of their location in said residcntinJ zones and their specific characteristics and potential impacts, short term rentals in dwellings in unincorporated Lincoln County require special consideration so they properly operate with respect to the Comprehensive Plan and the objectives of the underlying zone districts.

{2} (1) The purpose or L · 4.405 tlu· ugh 4.460 is to provide for the peace, h a Ith, safety and li vabilit of residents of. and vi ilors lo, Lincoln County. This is not a land u ·e ordinance and is nol made a part of Linco ln '.ounty 'od Chapter 1, Land Use Planning. [2016 o.487 § 2 I

4.410 Applicability LCC 4.405 through 4.460 shall apply to the unincorporated areas of Lincoln County.

These provisions shall not apply to Bed and Breakfast Inns, Hosted Homesharcs, Hotels, Lodges, Motels, Resorts, Recreational Vehicle Parks, Campgrounds. or other similar lodging units which arc regulated by LCC Chapter l. l2016 o.487 § 31

4.415 Definitions For the purpose of LCC 4.405 lhrough 4.460 ( l )"Accessory structure or accessory use" means a structure or use incidental and subordinate to the main use of a property and located on the same lot as the main use. (2)''Contact Person'' means: ( a) The owner( s) of the dwelling unit; or (b) The agent of the owncr(s), authorized to act for the owner(s) as designated on the

license application. (c) The contact person, whether the owner or an agent, must be located within Lincoln

County, and cannot use the dwelling unit(s) licensed under this Chapter as the basis for compliance with this provision unless the owner or agent resides at that location.

Exhibit 1 Page 2 of 12

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(3)"Dwelling Unit" means: (a) A single unit providing complete, independent living facilities for one or more persons

including permanent provisions for living, sleeping, eating, sanitation and only one cooking area. (b) A "single family dwelling" means a structure of which all habitable portions thereof

are connected structurally and comprise one dwelling unit, including but not limited to factory built dwellings, mobile homes and site built dwellings.

(c) A "two family dwelling" means a structure of which all habitable portions thereof are connected structurally and comprise two dwelling units including but not limited to factory built dwellings, mobile homes and site built dwellings.

(d) A "multi-family dwelling" means a structure of which all habitable po1tions thereof arc connected structurally and comprise three or more dwelling units, including, but not limited to, factory built dwellings, mobile homes and site built dwellings.

(e) An "Accessory Dwelling Unit" means a separate dwelling unit contained within or detached from a single-family dwelling on a single lot. A recreational vehicle is not and cannot be used as an accessory dwelling unit.

( 4) "Existing System Evaluation Report (ESER)" is a report on the evaluation of an existing onsitc wastewater treatment system (aka septic system) according to requirements set forth in OAR 340-071-0155. It shalJ evaluate the actual system as built on the site, not merely accepting what is shown on any plan or permit without confirmation that the completed system was inspected and actually built as shown on the plan or permit.

(5) "lfostcd Homesbarc" means the transient rental of a portion of a dwelling while the homeowner is present. For the purposes of this Chapter 4 "present" means the homeowner is staying in the dwelling overnight A "Hosted Homeshare" is not an STR.

[(4)/ (6) "License" means a short term rental license issued by Lincoln County and maintained in good standing by the Owner(s) or agent of the Owner(s) in accordance with the provisions of the Lincoln County Code.

(7) "Long Term Rental" means the renting of a dwelling unit (including any accessory guest house on the same property) for compensation to any person(s) on a month to month basis or for a period of time of thirty (30) or more consecutive nights. Long term rentals are exempt from regulation under this chapter.

(8) ''Onsitc Wastewater Treatment System" also herein called a "Septic System" means any existing or proposed subsurface onsitc wastewater treatment and dispersal system including but not limited to a standard subsurface, alternative, experimental, or nonwater-carried sewage system authorized pursuant to Oregon Administrative Rules, OAR Chapter 340, Division 71.

[(5)} (9) "Owner(s)" means the person or people, partnership, corporation, association, or other legally recognized person(s) or entity holding title to the dwelling unit in accordance with law.

[(6) / (10) ''Person" includes any natural person(s), firm, partnership, association, social or fraternal organization, corporation, business or any other group or combination acting as a unit.

!(4)/ (ll) "Rental Agreement" means any agreement, whether or not in writing, granting the use of a dwelling unit to a person. Use of a dwelling unit by a recorded owner or other person or persons without monetary consideration shall not be considered to be a rental under this chapter.

[(8)/ (12) "Rent" means the authorization of use of a dwelling unit granted to a pcrson(s) in exchange for monetary consideration.

[(9) / (13) "Renter," for the purposes of LCC 4.405 through 4.460, is a person who rents

Exhibit 1 Page 3 of 12

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a short term rental. Such a person is a "Transient Renter" and therefore is not a resident on the basis of such rental.

(14) "Resident" is a person who resides in a dwelling for a period of thirty (30) or more consecutive nights.

(15) "Residential or Residential Use" means the occupancy of a dwelling unit on a non-transient basis. Uses where tenancy is arranged on a transient rental basis are not considered residential.

(16) "Short Term Rental" means the transient renting of a dwelling unit (including any acccs ory guc t house on the same property) to an, pers n s) on a day to day ba is or for a period of tim\:: of up to thirty (30) consecutive nights. Short term rentals arc deemed commercial lodging businesses equivalent to hotels and motels. They arc not residential uses.

/(11) J (17) "Sleeping Arca" is a room or other space within a dwelling unit, designed, intended or used for sleeping, that meets all current building code requirements. Roll oul beds, fold out couches, or other temporary sleeping accommodations including tents and recreational vehicles shall not be considered a sleeping area, and may not be used to increase the al lowed o cupancy <.if a short term r nlal a provided in L '[4.404, si 'f 4.405 through 4.460. D ·l ·nnimtli ns as t the number of leeping aJea \,vi thin a dw II ing unil are r •s r ed to the Li ncoln ounty Li ensing J\uth rity and all ddermination ~ ar, fiinl. Th" det rrnination of sleeping areas shall not exceed the number of bedrooms authorized in accordance with LCC 4.440(6) for dwellings not served by public sewer (2016 o.487 9 4; 2016 o.490 § 2; 20 I 9 o.509 § 21

(18) "Transient Rental" mcnns to rent a dwelling unit or ruum(s) for compensation on less than a month to month basis.

(19) "Transient Renter" is a person who rents a short term rental, and therefore is not a resident on the basis of such rental.

4.420 Licenses (I) [t shall be unlawful to rent any dwelling unit as a short term rental without obtaining

and maintaining a current license as provided in LCC 4.405 through 4.460. /\.II dwelling unit owners shall obtain a license prior to using the dwelling unit as a short term rental.

(2) No license granted under the provisions of LCC 4.405 through 4.460 shall be assignable. If the dwelling unit is sold or transfcned by any means, a new license is required of lhe subsequent owner(s) who desire to continue short term rental operation; provided, however, that the Board of Commissioners may set a pro rata lower fee for the first year. The subsequent own r(s) will be required to fill out a new application and agree in writing to comply with the requirements of this Chaptcr.(2016 o.487 § 51 4.421: Licenses in R-1-A, R-1 and R-2 zones

{a) Effective on the date of adoption of this measure, no new STR licenses shall be issued in R-1-A, R-1 and R-2 zones in unincorporated Lincoln County.

(b) STR licenses that are allowed to lapse shall not he renewed, and no new license shall he issued for the property.

(c) STR licenses that arc not used for a consecutive period of one year and one day, as evidenced by non-payment of TRT taxes or other means, shall expire and shall not be renewed, and no new license shall be issued for the propert-y.

4.422: Non-conforming uses in R-1-A, R-1 and R-2 zones

Exhibit 1 Page 4 of 12

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( a) Effective on the date of adoption of this measure, existing licensed STR uses in R-1-A, R-1, and R-2 neighborhoods shall become non-conforming. These non-conforming uses shall he personal to the owner of record of a property at the time this measure is adopted and shall not be assignable or transferable, and such uses shall cease when ownership of a property is transferred. It is intended that the sale of homes with a rental license will result in gradual attrition of the total number of dwellings with a short term rental license in the R-1-A, R-1 and R-2 zones in the County.

(b) If a subdivision now zoned R-1, R-1-A or R-2 wishes to allow STRs to be licensed within its boundaries, it shall petition the County to downzone it or to create a new zoning category to allow such use. A majority of the property owners in said subdivision must vote in favor of such a zoning change before applying to the County for such a zoning change.

4.423: Amortization, Exceptions in R-1-A, R-1 and R-2 zones (a) Licenses for non-conforming use of dwellings for STRs in R-1-A, R-1, and R-2

neighborhoods shall be amortized within a five year period from the date of adoption of this measure. At the conclusion of the amortization period, all licenses for STR usage of said non-conforming dwelling units shall expire, whether or not such use existed prior to the adoption of this measure unless hardship relief has been granted pursuant to Section 4.424 below.

(b) An exception may be made, on a case by case basis, for an accessory dwelling unit that is licensed and operating as an STR on the date of ado.ption of this measure, where the primary residence is not licensed or used as an STR. Anyone seeking such an exception shall file an application for such relief with the BOC not later than 60 days from the effective date of this measure. The BOC shall determine whether there is a basis for such exception to be granted. Persons who fail to file an application within the time period established in this Section shall be precluded from applying for such an exception.

4.424: Hardship in R-1-A, R-1 and R-2 zones (a) A hardship provision is established for property owners who can substantiate

that an investment made in alteration of a dwelling exclusively to accommodate the non­conforming use of a dwelling as an STR cannot be adequately amortized within the period of time specified in Section 4.423 above. The purpose of this hardship provision is to permit owners who have made substantial investments in transient occupancy improvements to dwelling structures to recover their investment, but only in those cases in which the improvements have committed the structure to STR use, as opposed to long term residential use.

(h) This hardship provision shall not apply unless the STR unit in question was licensed and operating as an STR on the date of adoption of this measure.

( c) An application for hardship relief under the provisions of this Section shall provide information on the specific investments that were made with respect to the non­conforming, short term rental use of the property.

( d) Anyone seeking hardship relief shall file an application for such relief with the BOC not later than 60 days from the effective date of this measure. The BOC shall determine, based on accepted accounting practices, whether there is a basis for hardship relief and the establishment of a longer amortization period. The hearing upon the hardship petition shall be in accordance with the procedures set forth in Section 4.450 (3).

( e) If the BOC determines that a longer amortization period is warranted, it shall

Exhibit 1 Page 5 of 12

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establish a period of time that permits the reasonable amortization, based on accepted accounting practices, of the investment of the property owner. At the conclusion of that specific amortization period, the STR usage of the dwelling shall be terminated. If the BOC determines that a longer amortization period is not warranted by nature of the investment, the amortization period specified in Section 4.423 shall be met.

(f) Persons who fail to file an application within the time period established in this Section shall be precluded from applying for hardship relief under the provisions of these regulations.

4.425: Limitations on license applications in R-1-A, R-1 and R-2 zones (a) Effective upon adoption of these measures, a person holding a short term rental

license or an interest in a property in R-1-A, R-1, and R-2 neighborhoods for which a short term rental license has been issued shall not be eligible to apply for or hold, individually or as a member of a group or any other form of beneficial ownership, a short term rental license for any other property within Lincoln County. A short term rental license may be issued only for a single dwelling unit on a single property or for a single dwelling unit within a duplex on a single property in said zones.

(h) The short term rental license is issued to the owner and does not transfer with the sale or conveyance of the property. All short term rental license holders must report to the County any change of ownership of their short term rental, in whatever form, before the conveyance deed is recorded.

(c) The transfer of the property from (1) a natural person(s) to a Trust serving the same natural person(s) or to a family member pursuant to a Trust or (2) the transfer of ownership pursuant to a will or bequest upon the death of the owner is deemed not to be a transfer of ownership for purposes of this Section.

(4.42514.428 Application for License; Fee (1) Applications for a license, renewal of a license, or license caused by a change in

ownership shall be made upon forms provided by the County. (2) Every license application, renewal license or license caused by a change in ownership

shall be accompanied by annual fee(s) in amounts as set, and periodically reviewed and amended , by order of the Board of Commissioners.

(3) Every application shall be processed by the Department or Office designated by the Lincoln County Board of Commissioners (hereafter County Licensing Authority) . Upon receipt of the completed application the County will review the application and certify that:

(a) Based on a viewing of the property, the short term rental complies with standards found in LCC 4.440(1) in posting contact person information and providing that information to the local fire department and Lincoln County Sheriff's Office.

(b) Determine the maximum occupancy for the short term rental as de.fined by LCC 4.440(6) .

(c) Receive and review the certified statement of the owner that the owner of the short term rental has met and will continue to comply with the requirements of this Chapter.

(d) Transient Room Tax Compliance Required. Notwithstanding any other provision of this Chapter or the Lincoln County Code, and as a separate stand-alone requirement and criteria for holding a valid license, the owner shall provide a certified statement that the owner will comply with LCC Chapter 5.005 tlu·ough 5.070 Transient Room Taxes. If the owner cannot demonstrate compliance with Chapter 5 Transient Room Taxes, or the County determines that the

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owner is not in compliance with the provisions of that Chapter, the license shall not be issued, or may be suspended or revoked, or may be denied upon renewal, until such time as the noncompliance is resolved to County's satisfaction. Compliance includes, but is not limited to, failure to report, improper reporting, failure to collect or failure to remit required transient room taxes. Any of these actions not timely made is also grounds lur noncompliance. [20 l 6 o.487 § 6]

4.430 Issuance of License (l) Authority to issue licenses rests with the Lincoln County Licensing Authority as

designated by the Board of Commissioners. In addition, an issued license is subject to revocation or refusal to renew the license for failure to meet, maintain or operate the short term dwelling in conformance with the requirements of this Chapter and the procedures as provided in LCC 4.425.

(2) Within sixty (60) days of receipt of a completed application, the payment of required fees, and the determination or certification of compliance with the requirements of LCC 4.440 (Operational Standards) and. LCC 4.425 (Application for License; Fee), a license shall be issued by the Lincoln County Licensing Authority to the owner which shall he good for one (1) year from the date of issuance. Renewals shall be issued for one ( 1) year from the dc1te of the previous license expiration unless the license is older than twelve (12) months, in which case a new license will be required. [2019 o.509 S 21

(3) lf an application for a permit or the renewal of a permit is denied, or a permit is revoked, cancelled or not renewed the owner may appeal denial or revocation or nonrenewal under LCC 4.450. Unless and until a permit is finally revoked or not renewed as provided in this Chapter, a short term rental may continue to operate. [2016 o.487 § 7]

4.440 Operating Standards As used in LCC 4.405 through 4.460, all short term rentals shall comply with the

following operating standards and conditions: (I) Contact Person(s). The name and phone number of the contact person(s) shall be

posted, provided and updated in the following manner: (a) Signagc clearly displaying the contact person's name and working phone number is

required for all short-tern.1 rental properties. The sign must be a minimum size of l 2"x 12" and be visually accessible by the public from the street. Visually accessible means information in a format and size that shall be readable by a person standing in the public area viewing the sign on the property. The signage must be updated immediately with any changes in information.(2019 o.509 S 2]

(b) In addition, the owner shall provide the contact person's name and phone number in writing to the local fire chief and the Lincoln County Sheriff's Office. Tbe Sheriff's Office shall supply this information to each property owner as shown on the Lincoln County Assessor's records located within two hundred fifty feet (250') of the short term rental property.

(c) The owner shall update the posted notice and provide a new written notice to the local lire chief and Lincoln County Sheriff's Ofiicc each time there is a change to the name or phone number of the contact person. An additional fee, as set by the Board, shall accompany the new written notice provided to the Sheriff to offset costs of the Sheriff's Office in supplying this new information to property owners in accordance with LCC 4.440(1 )(c) above.

( d) The owner or contact person shal I contact a renter by phone or in person or otherwise respond within a reasonable period of time which shal I normally he within one hour, unless circumst,rnces would require a lesser or greater time, upon receiving any complaint from a neighbor, the local fire department. or the Sheriff's Office concerning the conduct of a renter.

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(2) Quiel Time. f n accordance with the requirements of LCC 2.2000 through 2.2045, Lhc hours of I 0:00 p.m. until 7:00 a.m. the next day arc required quiet time. Renters who violate this standard may be issued enforcement mechanisms available to the County under LCC :?..2045 and LCC Chapter l 0. In addition multiple violations of the quiet time requirements by short term dwelling renters may subject the licensee to revocation or nonrcncwal of the license as provided in LCC 4.450. The owner or contact person shall notify every renter, in writing, of the quiet times and that a renter may be subject to sanction and penalties under the County Code.

(3) Garbage Service. The owner shall be required to maintain adequate garbage service, with all garbage fitting inside required secure containers, from the franchised waste disposal service company serving its property. The service must be at a level commensurate with the garbage generated at the dwelling, but no less than weekly service when the short term rental is being rented. Owners shall notify all guests of the garbage services and requirements for the dwelling. l2019 o.509 § 2]

( 4) Parking. The owner must provide one (I) parking space for each approved sleeping area in a short term rental, plus one (1) additional parking space per unit. For dwellings constructed on or after July I, 2016, all required parking shall be provided off street. For dwellings constructed prior to July 1, 2016, off-street parking must be used if physically available. If a sufiicient number of off-street parking spaces are not available for the authorized number of vehicles, then on-street parking may be used unless otherwise prohibited. Parking shall not, under any circumstances, hinder the path of any emergency vehicle. Renters may be cited and fined under existing State or County law in the event they park illegally. Repealed violations of prohibited parking by renters of the short term rental may be grounds for enforcement against the Owners under LCC 4.460. The ovmer or contact person shall notity every rentt:r in writing of the required off-street parking and other parking spaces available to serve the sh011 term rental.

(5) House Number. A house number, visible from the street., .s;hAII he in.s;trillcrl cind maintained by the Owners.

(6) Onsitc wastewater tn~atment system requirements. ["Onsite wastewater treatment ,\)!Stem" means any e:risting or 1n·oposed suhswfac:e onsite wastewater treatment and dispersal system, including, but not limited to, a standard subsurface, alternative, experimental, or non-­water-carried sewage ,1ystem authorized pursuant to Oref{on Administrative Rules, OAR Chapter 340, Division 71.j

(a) If the property is not connected to a public sewer the on site wastewater treatment system must be able to handle the capacity of the number of bedrooms of the home and the total number or occupanls. The determination of the capacity of the system is accomplished one of two ways:

[ (!) a current valid permit on file with Uncoln County Subsurfc,ce Division <1,(the Department qf rlanning and Development (Department), showing the allowed number of'

bedrooms:] (1) if current valid permits and other documents on file with Lincoln County

Subsurface Division of the Department of Planning and Development (Department) specify the allowed number of bedrooms, by confirming that each component of the entire system was actually built as shown un the documents and inspected during or after installation.

(2) if there is no record of a valid permit or the permit does not indicate the number of bedrooms allowed, or if documents do not confirm that the system was actually built as shown on the permit, then the properly owner must obtain an Existing System Evaluation

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Report (ESER) developed in accordance with OAR 340-071-0 I 55 by a professional so authorized to conduct the evaluation as required by those rules. Included in the report must be a calculation of the number of allowed bedrooms based on the capacity of the complete system as it actually exists. Final determination of the capacity and suitability of the septic system from the report shall be made by the County Subsurface Division of the Deparlmenl or Planning and Development upon review of the report. Current licensees subject to the requirements under this section shall receive notification of the requirement to obtain an ESER from the County and shall have 120 days from the date of mailing of the notice to obtain the ESER and submit it to the Department. The Department will issue its final determination no later than 30 days after receipt of the ESER. If no ESER is received within 120 days, the prope11y may nol be operated as a short term rental until the report is provided and a final determination by the Department is made . .For future licensees, no license shall be issued unlil the ESER is completed and the Department makes a final determination.

(3) The ESER shall evaluate the actual system as built on the site, not merely accepting what is authorized or shown on a plan or permit without certification that the completed system was inspected and actually built as shown on the plan or permit.

[(3)} (4) If the ESER indicates the system is not operating properly or needs upgrades or repairs, a letter of non-compliance will be provided to the owner outlining the problems with the system that must be addressed. The owner will have sixty (60) days to conect the problems as noted in the ESER. If not repaired within that timeframe the license granted under this Chapter will be suspended. A repair permit issued by County Subsurface Division of the Department of Planning and Development is required for all onsite sewage system repairs. Until the repairs are made aml approved in accordance with County and State law requirements, the property may not be operated as a shoti term rental. (2019 o.509 § 2]

[(7) Limits on Occupancy. The maximum occupancy/or a short term rental unit shall be calculated on the lesser of the following calculations:

(a) the request of the applicantfiJr a license,· (b) three (3) persons per sleeping area plus an additional two (2) persons. For the

purpose of maximum occupancy, those under two (2) years of'age shall not be counted. Accessmy structures, tents and recreational vehicles and similar sleeping arrangements shall not be used to increase the number ofpeople approved to occupy a short term rental. For purposes <~/'this calculation the number of sleeping areas is the number of bedrooms contained in either the valid onsite wastewater treatment system permit or the ESER, LCC 4. 440(6), for dwellings subject to those requirements. The County shall recalculate occupancy for existing licensees, where appropriate, hased on the requirements of this section and shall issue new maximum occupancies to begin Janumy 6, 2()20. /2019 o.509 § 2}}

(7) Limits on Occupancy. The maximum occupancy for a short term rental unit shall be calculated using the four criteria below. Final occupancy shall be set by the most limiting criterion. Reductions in occupancy shall become effective within 30 days of determination. Licensees shall be notified of any such reductions within 5 business days after determinations are made.

(a) the request of the applicant for a license; (b) Sleeping Areas/Occupancy -The maximum occupancy for a short term rental

dwelling shall be h\lo persons over the age of 2 years old per sleeping area. Occupancy includes all occupants sleeping on the propnty. For the purpose of maximum occupancy,

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those under two (2) years of age shall not be counted. Accessory structures, tents and recreational vehicles and similar sleeping arrangements shall not be used to increase the number of people approved to occupy a short term rental.

(c) Off-Street Parking- One outside off-street parking space per bedroom is required plus one additional space per unit. Residential parking spaces are not required to be marked.

(d) Onsite Wastewater Treatment (Septic) System Capacity- Septic systems shall be inspected using ESER standards to determine what was actually built on the site, not just what is shown on any permits, and to confirm that all components of the systems are functioning pl'operly. ESERs and an)' inspections must be reviewed and approved by Lincoln County. The occupancy supported by septic system capacity shall he determined by the County on a case by case basis. Cesspools are prohibited for use with transient rentals.

[(c~J (e) Notwithstanding the forgoing, no more than 16 persons shall occupy the short term rental unit at any one time. Notwithstanding the foregoing limits, a dwelling built and operated as a short term rental unit on July 1, 2016, may be grandfathered in at a higher maximum occupancy level, not to exceed 3 persons per sleeping area plus 2 additional persons, under the following conditions:

(a) The owner applies for a higl1er occupancy limit in the initial application for a short term rental license, which application must be received no later than December 31, 2016. No dwelling will be allowed a higher occupancy limit unless the owner applies and qualifies during this application period.

(b) The owner provides proof (rental agreements, ads, or other reasonable evidence) that the unit has historically heen rented and occupied by more than l 6 persons.

(c) The property on which the dwelling unit is located can provide, within all applicable laws, off-street parking as required under LCC 4.440(4) above. That requirement is one parking sp-ice per sleeping area, plus one more.

(d) for illustrative purposes, a dwelling with six sleeping areas may be allowed a maximum of 20 persons (three per sleeping area, plus two more) if a total of seven (7) lawful off­street parking spaces are provided.

(e) Grandfathered occupancies cannot exceed the capacity ofthe onsite wastewater system under a valid permit or Existing System Evaluation Repori. This may reduce the higher occupancy allowed effective January 6, 2020. [2019 o.509 § 2]

[(e)j [sic, should have been (I) J (t) Review of the request for a higher occupancy limit shall be made by the Cc unt Li ensing Authority which at its sole discretion shall mak aH determinations as to wh ther or n l to grnnl. partially grant, or deny a n::quest for high r occupancy.

[(7)/ (8) Notices to Renters. The owner must provide to each renter and post in a prominent location in the dwelling, a list of rules including, but not limited to, rules on required quiet times, available garbage service, parking locations and limitations on occupancy. [2016 o.487 § 8]

4.445 Complaint Procedure All complaints will initially proceed through the informal resolution process provided

herein. If the complaint is unresolved, then the more formal process shall be utilized as set forth below:

( 1) Step One. The complaining pa1iy shall attempt to communicate with the contact person designated on the license, communicated in writing to the neighbor, and posted at the

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sh011 term dwelling. The complainant shall describe the problem and the requested resolution. (2) Step Two. The contact person shall promptly respond to the complainant and make

reasonable efforts to remedy any situation that is out of compliance with the provisions of this Chapter. If that resolves the matler, the complaint process terminates.

(3) Step Three. If the response from the contact person is 11ol satisfactory to the complaining party or the contact person docs not believe that the problem violates this Chapter, either party or both parties may next provide a written complaint to the Lincoln County I ,icensing Authority, with a copy of the written complaint provided to the other party by the complainant or the contact person. The written complaint shall describe all efforts to resolve the problem. The Licensing Authority shall then attempt to resolve the complaint with parties. The Licensing Authority may use community mediation resources if it determines such resources are available and would help resolve the complaint. If not mutually resolved by the parties, the I .icensing Authority shall issue a written determination to both parties to resolve the problem. If the Licensing Authority finds that a violation of this Chapter occurred, the Licensing Authority may undertake enforcement action as authorized in this Chapter and LCC Chapter 10.

(4) Step Four. Either party may appeal the determination of the Licensing Authority by filing a written appeal to the Board of Commissioners within thirty (30) days of the Authority's determination. The Board of Commissioners, or its designee, shall hold an informal hearing on the appeal and issue a final decision.

(5) This procedure is separate from but [complimen1wyj complementary with the procedures used to revoke, cancel or deny renewal of a license, LCC, 4.450. I 2016 o.487 § 9) 4.450 Denial, Revocation or Nonrenewal of a License; Hearing

Owners of short tenn rental units who hold a valid license under this Chapter arc required to comply with all applicable provisions of this Chapter and the Lincoln County Code. In addition to the penalties for violation of any provision of I ,CC 4.405 through 4.460 punishable pursuant to LCC Chapter I 0, Cailure to comply may subject the owner to revocation or nonrenewal of a License as provided for in this section. Appeal oC denial of a license is also governed under these provisions .

( l) The following shall be grounds for considering revocation or nonrenewal of the license

(a) Three or more violations or this chapter or other provisions of the Lincoln County Code related to the same short tenn rental within one (1) year. Violations include, but arc not limited to, complaints identified in LCC 4.445 which reached step 4 and a final determination was made that the problem as unresolved violated provisions of this Chapter. Violations may also be determined by the Licensing Authority for noncompliance with the provisions of this Chapter or other provisions of the Lincoln County Code.

(:?) Denial of a license may be appealed under the procedures set forth below. (3) The County shall conduct a hearing if it wishes to consider the revocation or

nonrcnewal of a sho11 term rental license. The County will also hold a hearing if an owner appeals denial of a license . All hearings will be conducted by the Board of Commissioners or its designee. The County shall give thirty (30) days written notice to all relevant parties of the time, date and place of the hearing, that the short term rental permit may be revoked as a result ot·the hearing and of the allegations and violations upon which revocation will be considered. At the hearing, each party shall have an opportunity to be heard and present such witnesses, testimony and other evidence as that party deems relevant lo the issues. The procedure will be informal and no cross examination will be allowed. The hearing may be continued at the discretion of the County. At the conclusion of the hearing process, the Hoard of Commissioners or its designee

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shall consider the evidence and issue a writlcn order revoking the license, or not renewing it, or denying the application as the situation warrants. [2016 o.487 § 101

4.455 Nonliability of County Neither the County nor any official or employee of the County, including Lhe Lincoln

County Licensing Authority shall be liable for any damages, claims from any owner or third party relating to enforcement of any provision of LCC 4 .405 through 4.460. (2016 o.487 § 11]

4.456 Delegation of Authority The Lincoln County Licensing uthority is delegated the authority and responsibility to

adopt rules, procedures, forms and prac lic onsistcnt with the overall intent of this Chapter, to implement, administer, and operate the licensing program for the County. [2016 o.490 §3 j

4.460 Severability Each section, sentence, clause, and phrase hereto is declared severable. If any section,

sentence. clause, or phrase of Lhis ·I apter is adjudged by a court of competentjuri . licti n to be invalid the decision shall not affect Lhc validity of the remaining portions f this hnptcr. [2016 o.487 § 12]

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Office of Lincoln County Legal Counsel Wayne Belmont County Counsel

R— efi 225 West Olive Street, Room 110 Kristin Yuille __— Newport, Oregon 97365 Assistant County Counsel

o - Jerry Herbage Lincoln County i as Assistant if hy Counsel

s+ DREGON__, www.co.lincoln.or.us/countycounsel Janet Hamson

To: Lincoln County Board|of Commissioners

From: Wayne Belmont

County Counsel

Date: November 16, 2020

Re: Short Term Rental Licensing Program Update

Before the series of crisis situations arose beginning last year with the COVID-19 pandemic

(which continues to occupy significant attention and efforts of the Board and staff to this date and

will continue for the foreseeable future) and continuing through the Echo Mountain Complex Fire (which again requires significant staff attention in the recovery and rebuilding process) we

updated the Board on possible Short Term Rental (STR) Licensing Program! improvements and

updates to the Lincoln County Code. In addition, the Board extended the suspension of accepting new licenses in the STR program until December 31, 2020.

Since that time, the Program has been updated in two significant ways: first, a software program

was purchased and is under implementation to increase the data we have available to regulate

STRs, allow for the capture of dwellings which are operating as short-term rentals but are not

compliant with the licensing program, and automate the complaint process to give 24 hour access

to persons who have complaints about the operation of individual STRs. Lisa Combs from the Sheriff's Office, who manages the STR Licensing Program, will provide a detailed update on

implementation of the software and its features and the additional work that is underway. Second, we have now added additional code enforcement capabilities to address specific complaints and to assist in Program operations and compliance. The Sheriff's Office will also address those activities and services in an update today.

' For purposes of clarification, we use the term Short Term Rentals (or STRs) in our code. It is used interchangeable

with the term Vacation Rental Dwellings (or VRDs) by many constituents (and including staff) in their correspondence with the Board and County. They are one and the same.

? Board Resolution #20-29-9A. | Exhibit 2

Page 1 of 3

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While those resources will greatly enhance our ability to conduct the Licensing Program, there remains additional work to do. You continue to hear from the public and STR owners and operators about what should or should not be done to regulate these activities. That will continue as we move forward and a process to incorporate additional public input opportunities will be included in our recommendations.’

We previously identified a set of recommendations for code amendments and asked that the Board consider other specific actions for staff to pursue. We are prepared to update those recommendations today as follows. They are revised in some particulars from last year to provide more specific guidance:

Recommended Program Changes / LCC Amendments

Septic Systems: Based on what we found in the review of septic systems and best practices in at least one other county, staff would recommend we provide for Septic evaluations (ESER) periodically for all STRs on septic systems. We are now recommending that an Oregon

Department of Environmental Quality authorized Existing System Evaluation Report (ESER)

from a qualified professional who evaluates the condition of the system and its capacity be required of every property not on a public sewer system. We will need to work out the timing for

existing licensed STRs but we are not recommending that we wait until license renewal The

importance of this additional requirement is twofold: (1) to insure systems are operating properly;

that any deficiencies are cured; and the property is not rented until repairs are made; and (2) to

establish a ceiling capacity on the number of persons who can occupy the property, no matter what is authorized under the code.

New Capacity Limits for Individual STRs (Per Bedroom Limits): Staff is prepared to

recommend that maximum capacity (with some grandfathered exceptions) of 2 persons per bedroom be implemented. We would also recommend that this capacity limit at the STR be applicable at all times (not just overnight). This single change, in our view, will do more to lessen the possible issues with parking, noise and garbage (less people = less impact) than any other

action you take. This would also effectively preclude a common issue where an STR is used for a party, wedding, or other event venue, during the day/evening far exceeding the capacity at those times. This would also make enforcement much easier as it is a simple head count at any one time.

“Three Strikes” and Compliance Enforcement: Staff has previously noted that compliance and

enforcement mechanisms in Oregon cities and counties varies widely. We also recognize that

many of the STRs in our County are effectively managed and are owned and operated by people who are nothing but good neighbors in their neighborhoods. Others present either periodic or ongoing problems. While we like the approach that seeks compliance first over enforcement, we

* An effort is underway to get an initiative petition on the ballot to address STRs through adoption of a new Ordinance. It has not yet qualified for the ballot and therefore | will comment on the draft. It was not crafted by the County and did not include any County input. [| have spoken to an attorney representing one of the petitioners (he did

not draft the initiative) and expressed my concerns with several legal and risk management issues in the language in

the draft Ordinance. It is my legal opinion that if adopted as presented, this Ordinance will lead to litigation and County exposure to monetary claims and could result in the loss of any regulatory scheme for STRs incorporated into

the Ordinance. My opinion is not intended to address the policy choices the Board (or the citizenry) desire (or more simply the ends), but rather the means to accomplish those ends.

2 Exhibit 2 Page 2 of 3

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also recognize the best way to ensure STRs are good neighbors is to have an effective enforcement

system and resources. New resources in our software complaint process and additional personnel

in code enforcement will help. But one of the areas we want to review in more detail is the “three strikes” system in our code. Three strikes under our system means three verified complaints that

are not timely addressed or responded to adequately. That means a property could have say 5 noise issues (all timely responded to and addressed) but still have no verified complaints. Recurring problems with renters may not be adequately addressed in this situation. Likewise, we

need to have mechanisms that ensure that an invalid or unsubstantiated complaint does not become a verified complaint penalizing a property owner improperly. In short, further

examination of our compliance system is advised.* Finally, although we are not making any specific recommendations at this time, we do want to review our current noncompliance protocols

(LCC Chapter 10) to see if other strategies or option are available and if our current tools need

refinement or revision. This is a recommendation we made before but we would like specific consensus to proceed with developing proposed changes in these areas.

Cap on number of STRs: Currently, you have suspended new license applications for STRs through December 31, 2020. All the Cities in Lincoln County regulating STRs have a cap in some

form or another on the number of STRs allowed in their jurisdictions. We are recommending that you direct us to develop a permanent cap on the number of licenses in unincorporated areas.’ If

you choose to institute a cap a number of additional questions and issues will need to be resolved,

including but not limited to: the cap number; whether or not the cap will include a geographic area component; how to resolve licensing transfers (not currently allowed, but will need to decide if

and how an existing license can be replaced by new property owner); new unlicensed property enforcement tools; and waiting list terms and conditions.

Alternative STR Management and Rental Arrangements: We still need to review “alternative”

STR situations (room rental, but not house rental or Bed and Breakfast) to see if and how those

should be regulated (if for nothing else to ensure that room taxes are collected and remitted to the

County). Other entities also have agreements with medium and large service providers like VACASA or AirBnB to ensure code compliance and tax collection and remittance. This is a larger

project but needs to take place in line with other changes to the Program and LCC (both STR Licensing and Transient Room Tax provisions).

Public Comments and Input: If your direction is to proceed with these and any other options or

alternatives we are asking to pursue, we will schedule public workshop and comment opportunities to receive feedback on the Program and our recommendations, other possible

changes or any opposition to the proposed language that will be developed. Amid continuing concerns with COVID-19, these will not be traditional public meetings where all will gather in a single location, but there are virtual options we will provide. We continue to welcome public

input through the Board’s link found on the County website on the Board of Commissioners page here (https://app.smartsheet.com/b/form/363543508b294a83b78cc663 fd4dffob)

4 One interesting comment made during the workshop that has been subsequently mentioned in comments to the

County is to hold STR management companies accountable for actions on their client’s properties. We would like to explore that concept in our review of enforcement options.

3 I have previously noted concerns with some suggested alternative approachs in my May 29, 2019 Update to the

Board. | still have those concerns.

3 Exhibit 2 Page 3 of 3

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Page 1 of 5

Lincoln County Board of Commissioners 225 West Olive Street, Room 110

Newport, OR 97365 (541) 265-4100

APPROVED BY ORDER # 10-21-332

MINUTES OF THE

LINCOLN COUNTY BOARD OF COMMISSIONERS

VIRTUAL MEETING OF SEPTEMBER 29, 2021 at 10:00 am

This meeting was audio and video recorded and a link is available at

co.lincoln.or.us/meetings

CALL TO ORDER Chair Hunt called to order the regular session of the Lincoln County Board of Commissioners.

ROLL CALL - ESTABLISHMENT OF A QUORUM Present at the meeting were Chair Hunt, Commissioner Jacobson, and Commissioner Hall. A quorum was established.

ADOPTION OF CONSENT CALENDAR Chair Hunt introduced the Consent Calendar and the items were reviewed.

Commissioner Jacobson moved to adopt the consent calendar as presented and Commissioner Hall seconded; a vote was taken and passed unanimously.

Minutes of Board of Commissioners Meeting 1. Order #9-21-310 Board of Commissioners Meeting 4.19.2021

2. Order #9-21-311 Board of Commissioners Meeting 5.26.2020

3. Order #9-21-312 Board of Commissioners Meeting 9.15.2021

4. Order #9-21-313 Board of Commissioners Joint Session 9.30.2020

5. Order #9-21-314 Board of Commissioners Meeting 10.26.2020

6. Order #9-21-315 Board of Commissioners Meeting 11.2.2021

7. Order #9-21-316 Board of Commissioners Meeting 11.30.2020

8. Order #9-21-317 Board of Commissioners Meeting 12.14.2020

Documents and Recording Matters in the Commissioners Journal 1. Order #9-21-318 Changing the Lincoln County Personnel Department to the Lincoln

County Human Resources Department

2. Order #9-21-319 Oregon Health Authority Intergovernmental Pass-Through Grant Agreement #171625 – Healthcare Preparedness Grant

Exhibit 3 Page 1 of 5

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Lincoln County Board of Commissioners September 29, 2021 Meeting Minutes

Page 2 of 5

Lincoln County Board of Commissioners 225 West Olive Street, Room 110

Newport, OR 97365 (541) 265-4100

Execution of Documents 1. Memorandum of Understanding between Various Parties for Drug Court Services

DISCUSSION/INFORMATION (Note the Board could act on the following topics) A. Petition to Vacate East End of Lee Lane – Presented by Roy Kinion, Public Works Director Assistant County Counsel Jerry Herbage presented in the place of Roy Kinion. This came before the board as an information item last week. The county received the report from Director Kinion that recommended approving the vacation of the east end of Lee Lane. Herbage followed up on the property lines that may be neighboring this vacation and Mr. Kinion agreed that it would be best to move this to a public hearing to be able to get notice out to any neighboring properties. There is nothing else to do today, it will be brought back as a more formal proceeding. The commissioners agreed to come back to this as a public hearing.

B. STR Update – Presented by Attorney Wayne Belmont Assistant County Counsel Wayne Belmont presented materials on the short-term rental (STR) licensing program. There are 7 sub regions of the county that will be included. Belmont presented the current number of STRs per region and the proposed numbers. In some regions they are proposing additional STRs while other regions will see a limit to the number. There are four specific changes: 1. Onside sewage disposal systems need to be verified and monitored. Brian Crawford, Lincoln County

Sanitarian, presented that they have been looking into what this looks like. He reached out to companies in the county to see if they have the capacity to meet the needs of this program. The feedback he received is that they may need to extend the timeframe in which the initial ESER is completed or accepting a recent ESER completed within the last few years. Belmont added that they have extended that initial ESER deadline. They are also allowing a phasing schedule to spread out the ESERs over a longer period of time and accepting a recent ESER. Ongoing maintenance will require periodic inspections and will be dependent on the specific types of systems involved.

2. Capacity limits for individual STRs (per bedroom limits) would be capped at a maximum capacity at 2 persons per bedroom plus 2 more persons and is also based on the capacity of the onsite sewage disposal. Commissioner Hall pointed out that our current limits are very generous, and these limits bring us more in line with other jurisdictions. Commissioner Jacobson brought concern about the vagueness of the “events” in the policy. What exactly is considered an event. Commissioner Hunt shared that he is personally against the grandfathering exception. He thinks that this policy should apply to all properties. He would also like to see the vague “event” wording more specific. Knowing what is considered an event would be helpful. Sherriff Landers agrees that more specific wording would be helpful to the sheriff’s department to be able to determine a violation. There was a discussion on what the limit should include.

3. Compliance enforcement would not change any of the current enforcement but would add to it to make it easier to deal with violations. There would be an administrative hearing that is basic and timely. Commissioner Jacobson raised concern about putting this on an already strained legal staff and suggested writing in hired help. Belmont clarified that the intention was to have outside help. Sherriff Landers stated that he believes this policy will make the process of compliance enforcement easier. If there is a violation, ultimately the owner of the property is responsible.

4. Limiting the number of STRs is addressed in the code language. If the recommendation is adopted there would be additional STRs east of Highway 101 but limit the number west of the Highway. The proposed

Exhibit 3 Page 2 of 5

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Lincoln County Board of Commissioners September 29, 2021 Meeting Minutes

Page 3 of 5

Lincoln County Board of Commissioners 225 West Olive Street, Room 110

Newport, OR 97365 (541) 265-4100

number are intended to try to spread out the concentration of STRs more evenly throughout the county. There would need to be a periodic review. Belmont clarified that no one would be losing their license currently. They do not allow the transfer of the license, so during sales and transfers of properties the numbers would come down. Commissioner Hall asked if there is any way to know a timeline for reaching these reduced caps. Because it is based on attrition, there is no way to know a timeline. Commissioner Jacobson added that you could also lose a license through violations and asked about the growth areas and how to manage the potential imbalance as those areas with growth proposed move to including additional STRs. Belmont confirmed that there could be potential growth in some regions before you see any limitations in other regions.

Counsel Belmont asked the board when they would like to review the changes to be made and revisit this policy. Belmont suggested October 13, 2021 and the commissioners were comfortable with this date. Sherriff Landers shared concerns about the staffing and additional work on his department. While there may be fewer STRs eventually, there will be more management of procedures. He asked for clarification to be included on how the applicant list/lottery will be manged. Counsel Belmont clarified that those concerns can be done offline and do not need to be included in the code. Commissioner Jacobson asked Counsel Belmont to address the ballot measure that is taking place and summarize why this is still needed and/or what the difference is between those processes. Belmont will be very limited in his comments because he can not make comment on political issues. He did share that the approach the county is taking falls in the realm in business license regulation. This is consistent with what is done across the state of Oregon. The ballot measure takes the approach of dealing with these as land use issues. Commissioner Hunt shared that he is very concerned about the ballot measure and shared that it could be financially crippling to the county. Commissioner Jacobson also shared that she has concerns about the ballot measure. She believes that there may be a misconception that the ballot measure is only for unincorporated Lincoln County. She is concerned that because the whole county is voting, there is a misconception that it affects the whole county which is not the case. Commissioner Hall is concerned that if this ballot measure is enacted, it is highly likely that it will face court battles. There are concerns about the amount of legal staff time spent fighting a measure that is flawed. C. Lincoln County Social Media Policy – Presented by County Counsel Kristin Yuille County Counsel Kristin Yuille presented that there are departments using third party web platforms. These platforms are private companies, but once it comes from the county it becomes public communication. This is a basic policy that goes through the platform that would not be allowed on any county website. The county has to be very careful about censoring individual viewpoints. PIO Casey Miller included that this policy clears up what is acceptable in how public staff represent the county through social media. The county needs to procure software that will archive all posts and comments on social media sites to capture any activity on social media. They have seen an uptick in departments wanting to use social media and this policy will help make sure that there is consistency across the organization. Commissioner Jacobson pointed out that this policy also gives the county staff the ability to remove comments on departments posts that violate these standards. An example of this are threats, inappropriate content, and

Exhibit 3 Page 3 of 5

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Lincoln County Board of Commissioners September 29, 2021 Meeting Minutes

Page 4 of 5

Lincoln County Board of Commissioners 225 West Olive Street, Room 110

Newport, OR 97365 (541) 265-4100

hate speech. Counsel Yuille clarified that this policy applies to county employees but that the social media sites should be catching and removing other violations like hate speech. PIO Miller included that the county has no control over what Facebook removes. He also pointed out that public comments on social media are getting archived and encourages them to be thoughtful about what they comment. Chair Hunt asked who is responsible for deciding which information crosses a line. Counsel Yuille stated that there are PIOs in various departments who will look at the information and flag posts that clearly violate this policy for review. This policy will come back to the board in a couple of weeks after more departments have had a chance to review. D. Ambulance Service – Presented by Jeff Mathia, Pacific West Ambulance Jeff Mathias of Pacific West Ambulance presented that Pacific West has been able to keep up with this pandemic but is starting to experience concerns with staffing and providing service to the county. Since July EMTs and paramedics have left and they are struggling to fill those positions. They are able to meet the minimum required within their contract with the county, but they are concerned that if they continue to lose people and are unable to replace them that will affect the ability to meet those contract requirements. The call volume is up 18-24% in any given month. They are also transferring further and further outside of the county, including sometimes out of state. Pacific West is also experiencing a hold at the hospital when transporting a patient. Multiple back-to-back calls in certain parts of the county are leading to Pacific West shifting resources around the county. Mathias has ideas for how to continue to meet the need and will be presenting these to his board. Pacific West is recruiting using websites, recruiting agencies, and Worksource Oregon. There is a nationwide shortage of staff for ambulance services. They are going to be asking for a waiver of response times through potentially the end of the year, but don’t have those needs right now. REPORTS A. Echo Mountain Fire Update Commissioner Jacobson reported that there is a continuation of the community request for technical assistance from the EPA/FEMA in the works. There is also work being done to find property in north Lincoln County for housing. If anyone knows of property, please reach out. Money went out for septic and well system replacements to property owners and repair companies last week and that program is ongoing. There is still no money for roads, but work continues trying to find funding. B. COVID/Vaccination Update – Presented by Forence Pourtal, Health & Human Services Deputy

Director Deputy Director Florence Pourtal presented the COVID/Vaccine updates. There has been a state-wide decrease in hospitalizations and positive COVID cases. There are currently 19 outbreaks, half of which are in schools or day care facilities. Due to limitations, they are only opening outbreaks in congregate settings. Pourtal clarified that the 19 outbreaks are not representative of what is currently happening. Pfizer vaccine boosters have been approved for specific populations. Find the full guidance on the CDC website. To be eligible for the Pfizer booster you must have received the Pfizer vaccine initially AND be

Exhibit 3 Page 4 of 5

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Lincoln County Board of Commissioners September 29, 2021 Meeting Minutes

Page 5 of 5

Lincoln County Board of Commissioners 225 West Olive Street, Room 110

Newport, OR 97365 (541) 265-4100

over 65 year old, or live in a long-term care facility, or be 50-64 with underlying medical concerns. You MAY receive a Pfizer booster if you received the Pfizer vaccine initially AND are 18-64 years old with and underlying medical condition or at an increased exposure and transmission risk.

Pourtal shared the upcoming vaccine clinics happening at the fairgrounds on the 10.1.21 and mobile clinics from 10.24.21 through 11.5.21. There are other clinics in the works.

Commissioner Hall asked about flu shots and COVID boosters. Pourtal confirmed that there are no concerns about getting both the flu shots and the COVID vaccine or booster at the same time.

Commissioner Hunt shared that Lincoln County was recognized by the Governor for the outstanding job done with vaccinations.

C. Commissioners

PUBLIC COMMENT The public comments were acknowledged since the last meeting of the Board of Commissioners on September 22, 2021.

ADJOURNMENT The next Board of Commissioners meeting will be held virtually on October 6, 2021 at 10:00 a.m.

The meeting adjourned at 12:04 p.m.

These meeting minutes were read and approved October 13, 2021.

LINCOLN COUNTY BOARD OF COMMISSIONERS

DOUG HUNT, Chair

KAETY JACOBSON, Commissioner

CLAIRE HALL, Commissioner

Exhibit 3 Page 5 of 5

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11/29/21, 9:26 PM November 2021 Special Election | Lincoln County Oregon

https://www.co.lincoln.or.us/clerk/election/november-2021-special-election 1/3

County Home Contact Us

Search

Election Date: November 2, 2021 Final O�cial Results

Sample Ballot

Lincoln County Voters' Pamphlet

Total Number of Votes: 17,521

Approximate % Counted: 100.00%

Turnout: 45.01%

November 2021 Special Election

November 2, 2021 Special Election Information Final Report - 11/16/2021 @ 5:00pm

These results are now Final O�cial Results

Results Show All Results Hide All Results Click on any item to see election result

10080

7338

Belle Mer Sigl Tract Special Road District, Position 1

Belle Mer Sigl Tract Special Road District, Position 2

Belle Mer Sigl Tract Special Road District, Position 3

Measure 21-203 - Lincoln County Initiative - Altering short term rental dwelling

licensing in unincorporated Lincoln County

Yes

No

Measure 21-204 - North Lincoln Fire & Rescue District #1 - North Lincoln Fire & Rescue

District Local Option Levy Measure

Measure 21-205 - City of Newport - Funding for public safety, library, parks, facilities,

and other services Exhibit 4 Page 1 of 3

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Return to Election History

Measure 21-206 - City of Newport - Funding for street resurfacing and reconstruction

projects

Measure 21-207 - Yachats Rural Fire Protection District - Yachats Rural Fire Protection

District Local Option Tax Measure

Measure 21-208 - Seal Rock Rural Fire Protection District - Continuation of Local

Option Tax for Seal Rock RFD

Save

Welcome

Elections

Document Fees

Recording Web Query

Domestic Partnership Information

Fee Schedule

Important Notices, Forms, and Links

Marriage License Information

Passport Application Information

Register to Vote Online

Voter Information

Contact Information

Exhibit 4 Page 2 of 3

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11/29/21, 9:26 PM November 2021 Special Election | Lincoln County Oregon

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Lincoln County Clerk

Dana W Jenkins

225 West Olive Street, Room 201

Newport, Oregon 97365-3869

tel: (541) 265-4131

tel: (541) 265-4121   

fax: (541) 265-4950

[email protected]

View Full Contact Details

Home Sitemap Contact Us Sta� Login

Fast, e�cient, accurate, and friendly service to the public is our Number One Priority. 

Select Language ▼

Exhibit 4 Page 3 of 3

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11/29/21, 9:28 PM Short Term Rental Licensing | Lincoln County Oregon

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County Home Contact Us

Search

Short Term Rental Licensing

Voters passed Ballot Measure 21-203 in the November 2nd Special Election - certi�ed on

November 19th (Measure 21-203 does not apply to STRs within cities, only the

unincorporated areas of the county

Hardship Application (submitted to Board of Commissioners -

link) https://app.smartsheet.com/b/form/aeb01929dd244d598e37121e58e90a3d

Since March 5, 2020, there have been numerous resolutions and orders approved by the

Lincoln County Board of Commissioners that have impacted the Short Term Rental Licensing

Program.  All resolutions and orders are available below as pdfs.  The only resolution that is

still impacting the program is Resolution #21-24-5A, which extends the suspension of

processing new short term rental licenses through November 30, 2021 (unless further

extended by action of the Board or replaced with amendments to the County Code).

The Lincoln County Board of Commissioners adopted Ordinance #487, #490, and #509 to

establish conditions for the operation of short term rentals of dwelling units located within

the unincorporated areas of Lincoln County and to implement a licensing program to ensure

compliance with those standards.   The conditions established will allow the operation of such

rentals in a manner that respects and protects the livability of the neighborhoods in which

these rentals are located.  A copy of the ordinances and Lincoln County Code 4.405 through

4.460 are available below.

The Lincoln County Sheri�'s O�ce acts as the Licensing Authority for the Short Term Rental

Licensing Program.  Any owner who operates a dwelling as a short term rental within the

unincorporated areas of Lincoln County is required to obtain a license through the Sheri�'s

O�ce.  Applications are available online or at the Lincoln County Sheri�'s O�ce.

Program Fees:

$350.00 - New Application

$125.00 - Renewal Application

Exhibit 5 Page 1 of 6

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$  75.00 - Change in Contact Information

$125.00 - Reinspection fee (after 2nd inspection of dwelling)

We accept cash, credit cards, and check or money order payable to the LINCOLN

COUNTY SHERIFF'S OFFICE.  

Your Sheri�'s O�ce is located at:

Lincoln County Courthouse

225 West Olive Street, Room 203

Newport, OR  97365

Tel:  (541) 265-0675

Business Hours (excluding holidays):

Monday - Thursday,  8:00 AM - Noon and 1:00 PM - 5:00 PM

Friday,  8:00 AM - Noon

Complaints

If you have a complaint about a short term rental violating Lincoln County Code and

Ordinance #509, please follow the procedures below:

Step 1 - Call the local contact using the phone number posted outside the short term rental or

call our 24/7 Complaint Hotline (hosted by LodgingRevs) at 541-265-0666.

Step 2 - If your complaint involves noise or illegal parking and you have already completed

Step 1 and have not received timely resolution, you may contact our non-emergency dispatch

center at 541-265-0777 for a patrol deputy.  For all other complaints that remain unresolved,

please submit an online complaint by clicking here.

New Software (MUNIRevs)

On November 24, 2020, we started utilizing a new software vendor, MUNIRevs.  The software

houses all of the licensing data and allows owners to:

Submit annual license applications online, including credit card payments

Check the status of a pending license

Receive automatic license renewal reminders via email

If you are an owner and did not receive a noti�cation to register with MUNIRevs, please

contact our o�ce.

MUNIRevs also allows us to share live data with the public through this LINK.  The link

provides a list of all active and licensed short term rental properties, including local contact

names and phone numbers.  Please keep in mind that Sheri�'s O�ce sta� are still auditing

the integrated data and there is still quite a bit of "clean up" occurring.  

If you have any other questions regarding the Short Term Rental Licensing program, please

feel free to contact us by telephone at 541-265-0675 or by email at

sheri�[email protected] during normal business hours.Exhibit 5

Page 2 of 6

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SUPPORTING DOCUMENTS

Short Term Rental Renewal License Application (69 KB)

Short Term Rental New License Application (73 KB)

Short Term Rental License - Contact Change Form (55 KB)

Short Term Rental Public Records Request Form (89 KB)

Fee Schedule Changes E�ective July 1, 2019 (56 KB)

Ordinance # 509 Amendment to LCC (Ordinances # 487 and # 490) (789 KB)

Ordinance # 490 Amendment to LCC (Ordinance # 487) (165 KB)

Ordinance # 487 (484 KB)

Media Release - Grandfathered Short Term Rental Deadline 1.31.16 (154 KB)

Memo to BOC - Belmont - Short Term Rentals (5.29.19) (461 KB)

Resolution #20-4-3B (517 KB)

Order #3-23-85 - Implementing Emergency Declaration - Short Term Rentals (283 KB)

Resolution #20-27-4A Extension of Short-Term Rental License Suspension (249 KB)

Order #4-20-118 Extending Order #3-23-85 Implementing Emergency Declaration - Short

Term Rentals (192 KB)

Order #5-20-136 Reopening Framework Plan for Lodging Properties (5.14.20) (403 KB)

Order #6-20-169_ Lodging 24 Hour Cleaning Pause (185 KB)

Order #7-20-190 Extending Order 6-20-169 Framework Reopening Plan Lodging (192 KB)

Order #8-20-239 Extending Orders 7-20-190 and 6-20-169 Framework Reopening Plan

Lodging (238 KB)

Order 8-20-253 Extending Orders 8-20-239, 7-20-190 and 6-20-169 Framework Reopening

Plan Lodging 8.24.20 (238 KB)

Order 9-20-288_Removing 24 hour hold from Orders 8-20-253, 8-20-239, 7-20-190 and 6-

20-169 Framework Reopening Plan Lodging (2 MB)

Resolution #20-21-9A Exension of STR Suspension until December 31, 2020 (270 KB)

Resolution #20-21-12C Extension of STR Suspension until June 1, 2021 (297 KB)

Resolution #21-24-5A Extension of STR Suspension until November 30, 2021 (275 KB)

WEB LINKS

STR Policy Evolution - Public Input, Meeting History & More

Jail / Adult in Custody Info

Patrol DivisionExhibit 5

Page 3 of 6

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Animal Shelter

Emergency Management

LINCOLN ALERTS: Emergency Noti�cations and Community Information

Sheri�'s Community Advisory Group

Support Services Division

Civil Service Request Form

Concealed Handgun Licensing

Records Request Form

Short Term Rental Licensing

News / Media

Short Term Rental Licensing

**Donations**

How Do I?

Join the Team (Current Openings)

Citizen Report Form

Citizen Tip Sheet

Crime Reports in Lincoln County

Feedback

Volunteer Programs

Tip of the Week

About Us

Annual Reports

Exhibit 5 Page 4 of 6

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Contact Information

Lincoln County Sheri�'s O�ce

Sheri� Curtis L. Landers

225 West Olive Street, Room 203

Newport, Oregon 97365

Emergencies: Dial 911

Main Sheri�'s O�ce and Jail: (541) 265-4277

Non-Emergency Dispatch: (541) 265-0777

Animal Shelter: (541) 265-6610 or [email protected]

Support Services (Civil): (541) 265-4915

Support Services (Records): (541) 265-4912

LCSO Tip Line (541) 265-0669

lcsheri�@co.lincoln.or.us (General Inquiries - not monitored 24/7)

sheri�[email protected] (Public Record Requests)

tty relay service: Dial 711

View Full Contact Details

Home Sitemap Contact Us Sta� Login

Our mission is to enhance public safety, reduce the fear and impact of crime, and improve quality of life.Exhibit 5

Page 5 of 6

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Select Language ▼

Exhibit 5 Page 6 of 6

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County Home Contact Us

Search

Short Term Rental (STR) Licensing - 2021

Calendar Date:

Wednesday, November 24, 2021 - 10:00am

Add this event to your Outlook calendar (iCal). Add this event to your Google calendar

UPDATE (11.26.21): Voters passed Ballot Measure 21-203 in the November 2nd Special

Election (election results were certi�ed on November 19th)

What does it all mean?

Measure 21-203 is e�ective as of November 19th, 2021. [Oregon Constitution, Article IV,

Section 1(5)]

Measure 21-203 does not apply to STRs within cities, only the unincorporated areas of

the county.

License questions can be directed to Sheri� Civil Division:

https://www.co.lincoln.or.us/sheri�/page/short-term-rental-licensing 

Hardship

Application: https://app.smartsheet.com/b/form/aeb01929dd244d598e37121e58e90a3d

Previous Policy and Public Engagement Activity - Short Rerm Rentals (2019-21) (unrelated

to the ballot measure - leading up to Ordinance #523)

STR Ordinance Final Reading - Discussion/Information 10.27.21 Board of Commissioners

Meeting

STR Draft Ordinance, Memo, Maps - Discussion/Information 10.13.21 Board of

Commissioners Meeting

STR Memo and Update - Discussion at 9.29.21 Board of Commissioners Meeting. Memo

also in supporting documents belo

STRs were discussed at the 5.24.21 Commissioners Meeting (link - starts at

55:35). County sta� will return to the BOC presenting more recommendations to the

Board of Commissioners (meeting date TBD). Another STR Workshop is anticipated as

well. Public input will continue to be accepted. Exhibit 6

Page 1 of 6

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The moratorium on new Short Term Rental Licenses has been extended to

11.30.21. Resolutions #20-4-3B, #20-27-4A, #20-21-9A and #20-21-12C are hereby

extended 49 to November 30, 2021 unless further extended by action of the Board or

replaced with 50 amendments to the County Code (linked her and below).

STR - MAP Regions/Precentages Draft Version presented at the 5.24.21 meeting

STR MAP Regions/Percentages - Draft (5.24.21)

STR Memo - Recommendations (3.29.21) - below and linked here

Lincoln County Code - Chapter 4 - Recommended Updates (3.29.21) - below and linked

here

Subarea STR Regions Map (Draft)_3.29.21 - also below

2nd Virtual STR Workshop (livestreamed on YouTube) - 2.13.20

1st  Virtual STR Workshop (livestreamed on YouTube) - 12.19.19

Short Term Rental Licensing Program Update (full memorandum below) - 11.16.20

Public input is preferably submitted with our Smartsheet

form at -  https://app.smartsheet.com/b/form/363543508b294a83b78cc663fd4d�6b

*** It is especially important that well articulated public comment is submitted in writing (If

your submission does not appear in the combined �le uploads - please email:

[email protected].)

Additional History & Development of the STR Licensing Program: 

The public process for updating the current STR program was delayed by the COVID-19

pandemic and the Echo Mountain Fire event.  

Previously, two "Short Term Rental Workshops" which were held on 12.19.19 and

2.13.20.  Public input, meeting recordings, sign in sheets and more - are avaible

at: https://www.co.lincoln.or.us/boc/page/short-term-rental-workshop

The Board of Commissioners adopted Ordinance #487, #490, and #509 to establish

conditions for the operation of short term rentals of dwelling units located within the

unincorporated areas of Lincoln County and to implement a licensing program to ensure

compliance with those standards.  

AGENDA:Agenda - 1.20.21 - STR Workshop (90 KB)

Agenda - 4.7.21 - STR Workshop (14 KB)

AUDIO/VIDEO:BOC Meeting - 11.16.20 (STR on Agenda)

BOC Meeting - 3.29.21 (STR on Agenda)

BOC Meeting - 5.24.21 (STR on Agenda)

STR Workshop Live Stream Video - 1.20.20

STR Workshop Live Stream Video - 4.7.20

SUPPORTING DOCUMENTS

Exhibit 6 Page 2 of 6

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Memorandum - Short Term Rental Licensing Update - 9.21.21 (1 MB)

Memorandum - Short Term Rental Licensing Update - 11.16.20 (529 KB)

Combined Public Input - 1.18.2021 (4 MB)

Combined Public Input 1.19.2021 (9 MB)

Combined Public Input 1.20.2021 (8 MB)

STR_Complaint Forms_LCSO (Batch PDF) (5 MB)

Chat - STR Workshop - 1.21.21 (19 KB)

Combined Public Input 1.22.21 (17 MB)

Combined Public Input 1.25.2021 (458 KB)

Combined Public Input 2.1.2021 (4 MB)

Combined Input 2.8.2021 (895 KB)

Combined Input 2.16.2021 (588 KB)

Combined Input 2.22.2021 (4 MB)

Combined Input 3.1.2021 (338 KB)

Combined Input 3.8.2021 (720 KB)

STR Programing Update - Memo - 3.8.21 (322 KB)

Combined Input 3.15.2021 (755 KB)

Combined Input 3.22.2021 (6 MB)

Combined Input 3.29.2021 (826 KB)

STR Memo 3.29.2021 - Recommendations (313 KB)

Lincoln County Code - Chapter 4 - Recommended Updates (72 KB)

Subarea STR Regions Map (Draft)_3.29.21 (536 KB)

Combined Input 4.5.2021 (2 MB)

Combined Input 4.7.2021 (5 MB)

Combined Input 4.12.2021 (3 MB)

Combined Input 4.19.2021 (1 MB)

Combined Input 4.26.2021 (239 KB)

Combined Input 5.3.2021 (1 MB)

Combined Input 5.10.2021 (436 KB)

Combined Input 5.17.2021 (362 KB)

Combined Input 5.24.2021 (171 KB)

Resolution #21-24-5A 4th Extension on STR Licenses (275 KB)

Combined Upload 6.1.2021 (903 KB)

Combined Input 6.7.2021 (105 KB)

Combined Input 6.14.2021 (462 KB)

Combined Input 6.21.2021 (126 KB)

Combined Input 6.28.2021 (252 KB)

Combined Input 7.6.2021 (309 KB)

Combined Input 7.12.2021 (7 MB)

Combined Input 7.19.2021 (50 KB)

Combined Input 8.25.2021 (48 KB)

Combined Input 10.6.21 (1 MB)

Combined Input 10.13.21 (745 KB)

Combined Input 10.20.21 (92 KB)

Combined Input_10.27.21 (13 MB)

Combined Input_11.3.21 (211 KB) Exhibit 6 Page 3 of 6

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Ordinance #523 - Amendment to LCC Sect 4.405 - 4.460 (1 MB)

Combined Input 11.10.2021 (49 KB)

Measure 21-203_Short Term Rental of Dwelling Units (836 KB)

Combined Input 11.24.2021 (3 MB)

MAP - STR Regions/Percentages - Draft (538 KB)

WEB LINKS

Short Term Rental Workshops (2019/20)

Licensing Authority for the STR Program (Sheri�)

Public Input - 10.27.21

Contact the Commissioners

Agendas, Minutes & Video

Attending a Meeting

Committees and Boards

2021 BOC News and Activity

Fishing Industry Economic Activity Trends

Short Term Rental (STR) Licensing - 2021

Community and Economic Development Grant 2021

Wear a Mask in Public Indoor Spaces

Nonpro�t Social Service Grant Opportunity

Request for Application - Lincoln Community Dispute Resolution Services

Budget Committee Vacancy

Letter to OHA - Vaccine Allocation

Jump O� Joe (Old Condominium Site)

Oregon Lifeline Reduces Phone/Broadband Service

Planning Commission Seeks New Member Exhibit 6 Page 4 of 6

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Letter of Support for HB 2337

2020 BOC News and Activity

2019 BOC News and Activity

Organization Calendar

Sta� Contacts

Grant Programs

Public Records Requests

Committee and Board Application

Commons Master Planning Process

Appointed Special Road Districts

Fair Housing

Non-Discrimination Statement and EEOP

Stepping Up Initiative

Radio Programming

Archived BOC Pages

Contact Information

Lincoln County Board of Commissioners

225 West Olive Street, Room 110

Newport, Oregon 97365

tel: (541) 265-4100

fax: (541) 265-4176

O�ce Hours: Monday - Friday

8:30 am - 12 pm & 1 pm - 5 pm

Kristi Peter

Executive Assistant/Grants Administrator

[email protected]

Casey Miller

Public Information O�cer Exhibit 6 Page 5 of 6

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[email protected]

View Full Contact Details

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Upcoming EventsBoard of Commissioners 11/30/2021 - 10:00am

Board of Commissioners 12/08/2021 - 10:00am

Board of Commissioners Meeting 12/15/2021 - 10:00am

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The mission of Lincoln County is to provide essential public services, both legally required and locally desired, in an e�cient, e�ective, and

respectful manner.

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Exhibit 6 Page 6 of 6