Jessica Cejnar Andrews / Friday, March 31, 2023 @ 4:17 p.m. / Local Government, Oregon
Curry County Residents Petition Land Use Board of Appeals to Reverse New Vacation Rental Regulations
An appeal to Curry County's new vacation rental regulations refer to the potential impacts to Port Orford's urban growth boundary outlined on this map in purple. | Map courtesy of the Curry County Planning Department
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Though the Curry County sought to cap their number, two residents are petitioning the state to reverse an updated zoning ordinance that included new regulations for vacation rentals.
As a result, the Curry County Board of Commissioners at a special meeting Friday extended the timeframe landlords have to apply for a land-use permit to operate a vacation rental, also known as a short-term rental or STR. Vacation rental owners now have until Aug. 1 to get a permit.
The original deadline was Friday. Once the regulations take effect, the county could take “enforcement action” against those operating a vacation rental without a permit. That action includes prohibiting the building from future use as a vacation rental.
“Extending a date like that strengthens any potential enforcement of any ordinance (we pass) in the future,” Commissioner Brad Alcorn said, pointing out that he and appointed commissioner Jay Trost took office after the regulations were approved. “Enforcing the ordinance right now would be problematic for everyone.”
Oregon Coast Alliance filed a petition with the state Land-Use Board of Appeals and the Department of Land Conservation and Development on behalf of former commissioner Peg Reagan and resident Penny Suess on March 23.
Both participated in public hearings before the Board of Commissioners approved the county’s amended zoning ordinance on Aug. 17, 2022.
Under the new ordinance, accessory dwelling units, or ADUs, would be allowed in rural residential areas. Duplexes, triplexes and fourplexes would be permitted within a community’s urban growth boundary if the owners can provide sewer, community water and access to transportation services for residents.
ADUs on rural residential zoned properties must be within a fire district on a parcel that’s at least two acres and cannot be used as a vacation rental.
The urban growth boundary encompass areas planned for future annexation by the cities of Brookings, Gold Beach and Port Orford, according to Curry County Planning Director Becky Crockett.
Oregon Coast Alliance’s petition states the proposed changes to the county’s zoning ordinance generated “significant public comment” from residents opposing the new regulations. Most were Port Orford area residents concerned about the impacts the new regulations would have on water availability, affordable housing and fire suppression, the petition stated.
Port Orford officials also weighed in, stating that the zoning ordinance changes didn’t address their concerns regarding housing and vacation rental density, according to the petition.
The petitioners also stated that the updated ordinance conflicts with Curry County’s comprehensive plan, which addresses a myriad of issues including open space lands, water availability and water quality as well as adequate and affordable housing.
“As noted by public testimony, the issue of affordable housing demand has become even more dire, creating problems for a variety of workers in the county,” the petition stated. “Testimony below also indicated that when a dwelling is converted to an STR, that reduces the availability of housing, including affordable housing. In light of these changing circumstances and an ‘inadequate supply of housing units,’ the county was required to ‘revise its comprehensive plan with regard to housing.’”
The petitioners also argue that the updated ordinance further conflicts with Curry County’s comprehensive plan, which includes coordination with cities when it comes to public facilities. They mention potential impacts to Port Orford as an example.
“‘It is felt throughout the community that the changes to allow additional uses in the Port Orford Urban Growth Boundary do not adequately address the city’s concerns regarding housing and STR density, fire suppression and water use,’” the petition states, quoting testimony from Port Orford officials. “‘The community also would have appreciated outreach during the process of the code amendments and STR regulations (development).’”
On Friday, Crockett told the Wild Rivers Outpost that she expected the number of vacation rentals in the unincorporated area of the county to cap at about 400. She expects to receive up to 200 more STR permit applications.
“Ideally these will be submitted prior to the Aug. 1 grace period,” she said. “No one is eager to proceed with enforcement on short-term rentals.”
Crockett also spoke to both the Curry County Planning Commission and Board of Commissioners’ intention to cap the number of vacation rentals when they approved the updated zoning ordinance. Some areas may already be subject to caps, she said.
“Areas of concern brought to our attention by neighbors include Wallom Road, Oceanview Drive and Floras Lake,” Crockett said, referring to two roads in the Brookings-Harbor area and one near Langlois in the northern part of the county. “After Aug. 1, I will put together an evaluation of our short-term rental program for the Planning Commission and the Board of Commissioners so they can determine if caps or any other adjustments of the program are necessary.”
At the Board of Commissioners’ special meeting, Port Orford resident Joy Wolf told commissioners that she has owned an Airbnb on Elk River Road for years. She lives on the premises, has a business license, is paying taxes and has “done everything right,” including submitting an application for a permit.
Wolf said she was concerned about potentially putting her rental out of commission until her permit is approved.
Though Crockett told the Outpost there isn't a backlog in processing permits, Wolf said the Planning Department is now "70 applications behind."
“It’s not a huge moneymaker for me, but I really enjoy doing it and so now that it’s going to be until August, I’m going to worry,” Wolf told commissioners.
Board Chairman John Herzog, who, along with Court Boice, approved the new zoning ordinance in August, told Wolf that she didn’t have to worry she’s “not the problem.”
“The problem is homes are being Airbnb-ed, and the owner might not even live in Curry County,” Herzog said. “This will give us an opportunity to enforce like a ‘three strikes and you’re out. You have to be good Airbnb owners.’ That’s the reason we started this land-use (process).”
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