Sections
5.20.010 – Title
5.20.020 – Purpose
5.20.030 – Definitions
5.20.040 – Applicability
5.20.050 – Biennial Operating License Required
5.20.060 – Operating License Application and Fees
5.20.070 – Review Criteria
5.20.080 – Availability of Short-Term Rental Licenses
5.20.090 – Existing Vacation Home Rentals
5.20.100 – License Renewals
5.20.110 – Violations
5.20.120 – Appeals
5.10.010 Title.
The Mosier Municipal Code Chapter 5.10 and the sections and subsections that are hereafter set forth shall be referred to as the “Short-Term Rental Ordinance” or the “STR Ordinance.”
5.10.020 – Purpose.
The purpose of this Chapter is to allow for short-term rentals to operate throughout the City of Mosier and to establish operational rules and a licensing procedure for the same.
5.10.030 – Definitions.
The following definitions apply to the terms used within this Chapter.
A. “Administrator” means the City Manager or the City Manager’s Designee.
B. “Applicant” means an Owner who applies for a Short-Term Rental Operating License under this Chapter, or an authorized agent of the Owner who has been designated in writing by the Owner to act on the Owner’s behalf for purposes of this Chapter.
C. “Hosted Homeshare” means a short-term rental operating on the same property where the Owner maintains the Owner’s primary residence. A Hosted Homeshare may be a portion of the Owner’s primary residence, or attached to the Owner’s primary residence; or it may be a dwelling unit that is detached from the Owner’s primary residence, such as a detached accessory dwelling unit.
D. “Operate” includes to advertise or offer (through any written, electronic, oral, digital, mobile, or other means), operate, rent, lease, or otherwise make available or allow for the use.
E. “Owner” means the property owner(s) of record holding title to a property within the City of Mosier, including any part owner, joint owner, tenant-in-common, joint tenant, tenant by the entirety, and other legal status, and shall include all individuals holding any title interest to the property, who shall each be considered an owner for purposes of this Chapter. An owner may be a business or other legal entity, including a joint venture, joint stock company, partnership, association, club, company, corporation, firm, trust, estate, or organization, and shall include all agents, managers, owners, representatives, lessees, affiliates, agents, employees, and officers of the business or legal entity.
F. “Primary Residence” means the property that an Owner occupies for the majority of the calendar year, as evidenced by the property address being listed on at least two of the following records of the Owner:
a. Voter registration card
b. Oregon driver’s license or other government-issued identification card
c. Federal income tax return from the most recent tax year
G. “Short-Term Rental” or ” STR” means a house, duplex, multi-plex, apartment, condominium, houseboat, trailer, or other residential dwelling unit where guest bedrooms or the entire residential dwelling unit may be rented for transient occupancy. A short-term rental is either a “Vacation Home Rental” or a “Hosted Homeshare.”
H. “Short-Term Rental Operating License” or “STR License” shall mean the biennial operating license issued by the City of Mosier under this Chapter.
I. “Short-Term Rental Property” or “STR Property” shall mean the property upon which one or more STRs operate.
J. ” Transient Occupancy” or “Transient Use” means the right to the use or possession of any space in a transient lodging facility for dwelling, lodging, or sleeping purposes for 30 or fewer consecutive calendar days, for which compensation (rent) is charged to the occupant.
K. ” Transient Lodging” or “Transient Lodging Facility” means:
(1) A hotel, motel, inn, bed & breakfast, short-term rental, or any other dwelling unit(s) used for transient occupancy;
(2) Spaces, on either public or private land, used for overnight parking of recreational vehicles or placement of tents during periods of transient occupancy; and
(3) Houses, cabins, condominiums, accessory dwelling units, apartment units or other dwelling units, or portions of any of those dwelling units that are used for transient occupancy.
L. ” Transient Lodging Provider” means a person that furnishes transient lodging.
M. “Vacation Home Rental” means a short-term rental on a property that is not the Owner’s primary residence.
5.10.040 – Applicability.
This Chapter applies to all short-term rental operations within the City of Mosier.
5.10.050 – Biennial Operating License Required.
Owners must biennially (i.e., once every two years) apply for an operating license from the City of Mosier under this Chapter (“STR License”). No person or Owner shall operate a short-term rental on any property within the City of Mosier, nor shall any person or Owner allow a short-term rental to operate on any property within the City of Mosier, without first obtaining an STR License. Operating or allowing the operation of an STR within the City of Mosier without an STR License shall be a violation of the Mosier Municipal Code. An approved STR License for a Vacation Home Rental will be valid beginning on July 1 of an even-numbered year, and ending on June 30 of the next even-numbered year. An approved STR License for a Hosted Homeshare will be valid for two years from the date of issuance.
5.10.060 – Operating License Application and Fees.
A. Application Period for Vacation Home Rentals. Applications for a biennial STR License for a Vacation Home Rental may be submitted on or after July 1 of odd-numbered years, to begin operating on July 1 of the next even-numbered year. Upon receipt, the City will review the application for completeness. However, the City shall only process completed applications and issue STR Licenses between May 1 and June 30 of every even-numbered year. Applications shall be time-stamped with the date of receipt, or the date the application was deemed complete (whichever is later). The Administrator shall process completed applications in the order that they are received, according to the timestamp on the application. Notwithstanding the time-stamped date, if, as of the first business day after May 1st, the completed applications for Vacation Home Rentals for any given STR Neighborhood (whether for an initial STR License or a renewal) exceed the maximum number of licenses available for that STR Neighborhood pursuant to Section 5.20.080(A), the Administrator shall, by lot, draw the number of completed applications according to the maximum number of licenses available, and shall only process the drawn applications for that STR Neighborhood . When STR Licenses are no longer available in the STR Neighborhood of the application for the relevant licensure biennium (for Vacation Home Rentals), the Administrator shall stop processing applications for Vacation Home Rental STRs for that STR Neighborhood for the applicable biennium. Any unprocessed applications shall be returned, and the application fee shall be refunded to the Applicant. Applications for an STR License are only valid for the biennium for which it was submitted. The City may issue a temporary STR License for the date between issuance of the STR License and the operating biennium start date of July 1.
B. Application Period for Hosted Homeshares. Applications for a biennial STR License for a Hosted Homeshare may be submitted at any time of year. The City shall only process completed applications. Applications shall be time-stamped with the date of receipt, or the date the application was deemed complete (whichever is later). The Administrator shall process completed applications in the order that they are received, according to the timestamp on the application. An approved STR License for a Hosted Homeshare shall be valid for two years from the date of issuance.
C. Costs and Fees. The City Council shall establish, by resolution, the costs and fees associated with STR License applications and renewals.
D. Form of Application. Applications for an STR License and requests for renewal shall be in a form prescribed by the City.
E. Application Requirements. Every application for an STR License must contain the following information. Incomplete applications will not be processed by the City.
a. Owner and Applicant information, including full name, residential address, telephone number, and e-mail address of all Owners and Applicants of the property or properties associated with the STR application.
b. The address and phone number of the short-term rental, and the address of the property upon which the short-term rental operates, if different.
c. The listing numbers, webpage addresses, and all other locations where the STR is advertised, has been advertised, or may be advertised.
d. The maximum number of occupants who may stay at one time in the STR.
e. The identification of the STR as either: (i) a Vacation Home Rental; or (ii) a Hosted Homeshare. See Section 5.20.030 of this Chapter for definitions.
f. Proof of primary residence (for a Hosted Homeshare only). The Applicant must provide at least two of the following items as evidence that the property is the primary residence of the Owner:
i. A copy of the Owner’s voter registration.
ii. A copy of the Owner’s Oregon driver’s license or other government-issued identification card.
iii. A copy of the Owner’s federal income tax return from the most recent tax year (for address verification only; financial data should be redacted).
g. The name, telephone number, primary address, and e-mail address of a local contact person or company who may be contacted and will be made available to respond to concerns and complaints related to the operation of the STR. The Applicant must confirm that the local contact will be located within a 30-minute travel time of the STR and must be available by phone 24 hours a day, seven days a week, for the periods of time when the STR is being leased, rented, or occupied for transient lodging.
h. Demonstration of compliance of the STR with all applicable building and fire codes.
i. Sufficient evidence that each of the approval criterion for an STR License is met or will be met prior to the start of STR operations.
j. For STRs currently in operation at the time of the application, documentation that the state and local transient lodging taxes have been paid in full, as of the date of the application. For STRs not currently in operation, documentation that the Owner is registered to pay local and state transient lodging taxes for the STR associated with the application.
k. A statement by the Applicant certifying that the information and materials submitted for the STR License application are complete, true, and accurate.
l. Signatures on the application of all Owners of the STR Property. Applications that do not contain all Owner signatures will be deemed incomplete.
m. A statement by the Applicant that acknowledges the Applicant has received and reviewed the City’s Good Neighbor Guidelines; that the Good Neighbor Guidelines will be relayed to STR tenants; that STR tenants will agree to abide by the same; and that the Good Neighbor Guidelines will be posted and will remain in a visible and conspicuous place in the STR at all times of STR operation.
n. Such other information as the Administrator may deem reasonable or appropriate to process the application.
F. Licensee. If approved, the STR License shall be issued to the Applicant, for the property that is proposed for STR use, and may not be issued to any other person or entity. An STR License may not be transferred or assigned to any other person or propertyand only belongs to the specific person(s) and for the specific STR and property that it was issued. An STR License is non-transferable to a new Owner in the event of a sale of the STR property. Only one STR License (of any type) per Applicant shall be allowed at any given time.
G. Effect of STR License. An STR License shall be valid for the operating period for which it is issued, and shall automatically expire after such date, unless earlier revoked or renewed under the terms of this Chapter.
5.10.070 – Review Criteria.
A. Burden of Proof. The Applicant has the burden of proof to demonstrate that each approval criterion for an STR License is met. The Administrator may verify the evidence submitted by the Applicant and the Applicant shall cooperate in any investigation or request for verification documentation by the Administrator, including providing access to the STR Property for the purpose of verifying the information on the application.
B. Approval Criteria.
a. Complete Application. STR applications must include all of the Application Requirements contained in this Chapter; the fees for the application must have been paid in full; and the application must be signed by all Owners of the STR Property.
b. Zoning. The STR Property must be in compliance with the Mosier Zoning Ordinance, including Titles 15.02 and 15.04.
c. Transient Lodging Tax. The STR Property must be in compliance with the Transient Lodging Tax Ordinance under Mosier Municipal Code 5.10 and must be current in all applicable Transient Lodging Tax payments.
d. Fire & Safety Compliance. The STR must be in compliance with all applicable fire and building code standards.
e. Availability. An STR License must be available for the property requested.
f. Eligibility. The STR Property must be eligible for licensure or renewal and must not have been found to be in violation of the Mosier Municipal Code or Zoning Ordinance three or more times or otherwise subject to revocation or non-renewal of an STR License.
5.10.080 – Availability of Short-Term Rental Licenses.
A. Biennial Cap on STR Licenses within the City Available for Vacation Home Rentals. The Administrator may issue up to a maximum number of STR Licenses for Vacation Home Rentals by STR Neighborhood per application period. See STR Neighborhood Map in Table 5.20.080-1. The maximum number shall be 7% of the residential dwelling units within each STR Neighborhood that may be made available for Vacation Home Rentals, rounded up or down to the nearest whole number. The Administrator shall re-calculate the percentage when the Administrator becomes aware of an increase or decrease in housing units that may be made available for Vacation Home Rentals within an STR Neighborhood. Notwithstanding the application period identified in Section 5.20.050(A), if an additional STR License become available, for any reason (for example, due to the development of new residential dwelling units or the unappealable revocation of an existing STR License), the Administrator may process applications outside of the application period and may issue additional STR Licenses for the remainder of the applicable biennium, up to the maximum biennial cap. The City has no obligation to notify the public of the availability of additional STR Licenses outside of the application period. The Commercial Zone STR Neighborhood shall have no cap on the number of STR Licenses that may be issued for Vacation Home Rentals.
B. No Cap on STR Licenses for Hosted Homeshares. There is no upper limit on the number of STR Licenses that the City may issue for Hosted Homeshares.
5.10.090 – Existing Vacation Home Rentals.
A. STR License Required. Owners of a Vacation Home Rental that was in operation as of June 21, 2023 (“Existing Vacation Home Rental”) must apply for and obtain an STR License to continue operating after the effective date of this STR Ordinance. If an Owner of an Existing Vacation Home Rental is unable to obtain an STR License either: (i) because the maximum number of licenses available for the applicable STR Neighborhood pursuant to Section 5.20.080(A) has already been reached; or (ii) because the Owner already has an STR License (of any type) and a second license is therefore unavailable pursuant to Section 5.20.060(F), then the Administrator may issue one or more Special STR Licenses according to this Section. If an STR License is available to an Existing Vacation Home Rental because conditions (i) and (ii) do not exist, then a Special STR License shall not be issued.
B. Review Criteria for Special STR License. The Applicant has the burden of proof to demonstrate that each approval criterion for a Special STR License is met. The Administrator may verify the evidence submitted by the Applicant, and the Applicant shall cooperate in any investigation or request for verification documentation by the Administrator, including providing access to the STR Property for the purpose of verifying the information on the application.
C. Approval Criteria for a Special STR License.
a. Complete Application. The Special STR application must include all of the Application Requirements contained in this Chapter; the fees for the application must have been paid in full; and the application must be signed by all Owners of the STR Property.
b. First Date of Operation. The Applicant must provide evidence of the first date of operation of the Existing Vacation Home Rental, which must predate June 21, 2023.
c. Need for Special STR License. The Applicant must demonstrate that at least one of the following exist for the STR that is the subject of the Special STR License application:
i. The maximum number of licenses available for the applicable STR Neighborhood pursuant to Section 5.20.080(A) has already been reached and the Applicant is therefore unable to obtain an STR License; or
ii. The Applicant already has an STR License (of any type) and an additional license for the Existing Vacation Home Rental is therefore unavailable pursuant to Section 5.20.060(F).
d. Zoning. The STR Property must be in compliance with the Mosier Zoning Ordinance, including Titles 15.02 and 15.04.
e. Transient Lodging Tax. The STR Property must be in compliance with the Transient Lodging Tax Ordinance under Mosier Municipal Code 5.10 and must be current in all applicable Transient Lodging Tax payments. The Applicant must demonstrate that Transient Lodging Tax has been paid since the later of: (i) the First Date of Operation of the Existing Vacation Home Rental; or (ii) the implementation date of the Transient Lodging Tax Ordinance (October 1, 2022).
f. Fire & Safety Compliance. The STR must be in compliance with all applicable fire and building code standards.
g. Eligibility. The STR Property must be eligible for licensure or renewal and must not have been found to be in violation of the Mosier Municipal Code or Zoning Ordinance three or more times or otherwise subject to revocation or non-renewal of an STR License.
D. Effect of Special STR License Generally. A Special STR License may only be issued to the Owner of an Existing Vacation Home Rental and may not be transferred or assigned to any other person or property. A Special STR License is non-transferable to a new Owner; in the event of a sale of the STR property or a change in ownership of any kind, the Special STR License shall automatically terminate. A Special STR License shall remain valid until there is a change in ownership of the STR property.
E. Effect of Special STR License When Multiple STR Licenses are Held. An Owner holding a Special STR License on the basis of need under Section 5.20.090(C)(c)(ii), may hold a Special STR License in addition to one or more STR Licenses (of any type) for a period of seven (7) years from the date of the first STR License issuance, provided that each STR License is properly applied for, renewed, and maintained. After seven (7) years, the Owner may, as of the next open application period, only hold one STR License (of any type) and may not apply for another Special STR License.
5.10.100 – License Renewals.
STR Licensees that are in good standing may apply to renew their STR License for an additional, two-year licensure period during the City’s application period, provided that there has been no lapse or delinquency in payment of local or state transient lodging taxes, and provided that the STR License is subject to renewal. Renewal applications for Vacation Home Rentals shall be subject to the same lot draw under Section 5.20.060(A) as initial STR License applications, if, as of the first business day after May 1st, the completed applications for Vacation Home Rentals (whether for an initial STR License or a renewal) for any given STR Neighborhood exceed the maximum number of licenses available for that STR Neighborhood.
5.10.110 – Violations.
A. It is a violation for any person or Owner to operate or allow the operation of an STR within the City of Mosier without a valid and current STR License at the time of operation. A violation of this provision shall constitute a nuisance and shall be subject to the civil penalties under the Mosier Municipal Code Chapter 8.01.060 as well as the applicable civil penalties under Mosier Municipal Code Chapter 1.10.
B. It is a violation for any person or Owner to submit or caused to be submitted any material misrepresentation or false information in an STR application or during the renewal process. A violation of this provision shall be subject to the applicable civil penalties under Mosier Municipal Code Chapter 1.10
C. Complaints that an STR operation, or that any Owner or person is out of compliance with this Chapter or any other provision of the Mosier Municipal Code or Zoning Ordinance shall be processed by the Administrator according to the City’s standard code enforcement procedure.
D. If a complaint is found to be substantiated by the City as a code violation:
i. For the first violation: The City shall issue a written First Notice of Violation. Each violator and Owner shall be subject to all applicable civil penalties for the violation.
ii. For the second violation: The City shall issue a written Second Notice of Violation. Each violator and Owner shall be subject to double the amount of all applicable civil penalties for the violation.
iii. For the third violation: The City shall revoke the STR License for the remainder of the 24-month licensure period. STR properties, persons, or Owners found in violation three times concerning any STR operation shall not be eligible for an STR License or renewal for the remainder of the then-current 24-month licensure period nor the subsequent biennial licensure period. In addition, each violator and Owner shall be subject to all applicable civil penalties for the violation as identified under Section 5.20.100(D)(ii).
iv. For any violation that the Administrator deems to be a health or safety risk, to persons or to property, regardless of the number of violations that have been found: The City may immediately revoke the STR License and the STR operation shall not be eligible for an STR License or renewal until the City finds that the health and safety risks have been mitigated.
5.10.120 – Appeals.
Appeals of the Administrator’s decision on a violation or revocation decision under Section 5.20.110(D)(i), (ii), or (iii), is appealed to the Mosier City Council, who may hear the appeal or refer the appeal to a Hearings Officer that has been appointed by the Mosier City Council. Appeals must be accompanied by the applicable appeal fee that shall be established by the City Council by resolution. Appeals must contain a detailed statement of the legal and factual grounds for the appeal; evidence or documentation supporting the grounds on which the appeal is based; a description of the resulting harm to the Applicant; and the requested remedy. Appeals must be in writing and filed with the Administrator within 14 days from the date of the decision being appealed. The City Council or Hearings Officer shall schedule a hearing within 60 days of the filing of the appeal. The hearing shall be held de novo. For appeals of Section 5.20.110(A) or (B), the appellant shall have the burden of proving, by a preponderance of the evidence, that the City has erred in its decision and the decision should be reversed. For appeals of Section 5.20.110(D)(i), (ii), or (iii), the City shall have the burden of proving, by a preponderance of the evidence, that the violation occurred. The City Council or Hearings Officer’s decision on the appeal shall be the final decision of the City and is only appealable by writ of review to the Circuit Court.
