Hood River County will again open the Short Term Rental (STR) draft ordinance to public hearing on April 15, after county staff makes some changes.
County staff will make two significant changes to the ordinance: Remove the residency exemption for existing STRs on Exclusive Farm Use (EFU) or Forest land, and remove all proposed changes to the definition of “recreational vehicle.”
During the Feb. 19 public hearing on the STR draft ordinance, the commission received testimony opposing a proposed change to the definition of “recreational vehicle” included in the ordinance.
“A property owner argued that the proposed amendment fell outside of the issue of STRs and, therefore, should not be considered under this code revision process,” said Community Development Interim Director Eric Walker in an official memo to the commission. “… Although the modifications are important and worthy of timely consideration, staff accepts that it may be more appropriate to consider them either as isolated changes or in conjunction with a different, more related topic, such as accessory buildings or accessory dwelling units.”
Shortly before that hearing, it was determined that part of the proposed ordinance — particularly relating to residency requirements for existing STRs in EFU and Forest zones — conflicted with state law.
The grandfathering clause included in the ordinance would exclude existing STRs on EFU or Forest land from complying with the new, stricter residency requirements detailed in the draft ordinance, conflicting with a state law that doesn’t allow counties to adopt provisions that establish a less-restrictive standard than the state.
The Board of Commissioners met for a work session on April 1 to discuss solutions to this problem in the ordinance.
County staff presented four potential solutions, ranging from loosening the definition of “resident” throughout the whole ordinance to completely eliminating the grandfathering provision, and the commission ultimately settled on removing the residency exemption for existing STRs on EFU and Forest land, but retaining it in the grandfathering provision for all other zones.
“After due consideration, it was determined that (this) … would be the most effective and legally defensible option to address the discrepancy,” Walker said.
The commission directed staff to amend the ordinance accordingly and bring it back for the April 15 public hearing, which will start at 6 p.m. at 601 State St., Hood River.
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