Land Use & Code Basics Baseline Information on Permits and Processes for Vacation Home Rental Task Force 12/04/14 Vacation Home Rental Task Force Meeting #2: Attachment: 3 December 4, 2014

Bend Code (Municipal Code; “Muni” Code) Most City Laws regarding issues such as: –General City Administration –Noise, nuisances –Business Licensing –Public rights-of-way –Room Tax –Building Code –Signs Codes in Bend City of Bend

Codes in Bend Development Code (Chapter 10 of Bend Code) Anything that regulates land use Implements the Land Use and Development Policies of the General Plan Defines Zoning Districts, What Uses are Allowed in each Zoning District, Standards for Development/Certain Uses, and Processes for Obtaining Land Use Approvals Applies City-wide

Violations of the Code are civil infractions –Codes are not voluntary or recommendations Council encourages voluntary compliance with the Development Code, but fines could be imposed Any restrictions set by HOAs (CC&Rs) are legal contracts between the homeowners and outside the City Code –May be more restrictive than City regulations Enforcement Authority City of Bend

Dev. Code Update Process Usually initiated by council or staff Initial draft by Planning staff Notification to state (DLCD) Planning Commission public hearing and recommendation to Council Council public hearing and decision via adoption by an ordinance

Usually initiated by Council or staff Notice provided with Council Agenda City Council Public Hearing Council Adoption by Ordinance with 2 readings Bend Code Update Process City of Bend

Development Code Zoning Districts – different permitted uses and regulations/standards by district Overlays – additional or different restrictions than the underlying zone Municipal Code Sign Districts – different sign allowances Historic Districts – historic design review Overlays and Districts City of Bend

Type I Application Simple permits, no discretion in criteria (only measurements, counting, etc.) No public notification Vacation Home Rentals are currently Type I Permits Only applicant can appeal a Type I application Type I application fees are set based on the average cost of application review Current fee for VHR permit – approx. $500 Land Use Review Processes City of Bend

Type II Application Limited Land Use Decision - provides some discretion in criteria Notification to property owners within 250 ft Posting sign on property Neighbors can provide written comment within 14 days, can appeal to Hearings Officer Type II Application fees are set based on the average cost of application review – higher than Type I

Conditional Use Permit (CUP) One type of a Type II permit is a Conditional Use Permit, which also requires: –Neighborhood meeting held by the applicant BEFORE submitting an application –Notification of property owners within 500 feet and the neighborhood association rep BEFORE submitting an application –Current fee for a Conditional Use Permit – approx. $2,500 Anyone “affected” can appeal City of Bend

Type III Application Quasi-judicial decisions – made by the Planning Commission or Hearings Officer Involves a Public Hearing, in addition to mailed public notice and opportunity for written comment Currently used for Deschutes River Design Review, Master Development Plan/Special Planned District, Zone Change, Appeals City of Bend

Type IV Application Legislative Projects Planning Commission provides a recommendation; City Council is final decision- maker Involves a Public Hearing, in addition to mailed public notice and opportunity for written comment Used for Development Code Text Amendments, such may come out of the VHR Task Force; UGB Expansion is also an example City of Bend

Short term room rental (AirBnB) – tracking for TRT only, no permit Vacation Home Rental (short term rental) – Type I, no public notice Bed & Breakfast - Type II in commercial zones; Type II CUP in residential zones Hotel – Type II, permitted only in commercial zones Hostel – Type II, permitted like a hotel Today’s Regulations City of Bend

Land Use Approval Criteria are applied to an application at a specific point in time –For example, a distance requirement from existing short term rentals Programmatic Regulations are more operational in nature –Compliance can be reviewed on a regular schedule –For example, an annual update of owner and local rep contact info, proof of TRT payment, inspections, etc. Land Use vs Programmatic City of Bend

Potential Elements –Density/Clustering Limits - Wait list policy –Prohibitions or Additional Criteria in Certain Zoning Districts –Short Term Rental Categories –Type of review –Future Transferability Land Use Considerations City of Bend

Programmatic Considerations Potential Elements/Issues: –Annual renewal with inspection –Proof of TRT registration/payment –Insurance Requirement –Good neighbor policy requirement –24-hour contact info for neighbors –Fire inspection –County Health Department Coordination –Fees/Penalties –Other

QUESTIONS?