of Tillamook County’s new short-term rental regulations suffered a setback yesterday when the Oregon Land Use Board of Appeals (LUBA) issued a Final Opinion and Order dismissing their effort to have the new rules set aside. LUBA ruled that the County’s adoption of new STR rules was not a “land use” matter and, therefore, it did not have jurisdiction over the dispute. (LUBA is a specialized court which may only hear “land use” cases.)
Some background: Last July, the Tillamook County Commissioners overhauled the county’s short-term rental (STR) rules, which are codified as Ordinance 84-2. In addition to setting caps on STRs, they tightened existing standards for maximum occupancy, parking spaces, visitor conduct and community complaints. The Commissioners’ decision was promptly appealed to LUBA by a group of STR owners and allies recruited and funded by Oregon Coast Hosts – an advocacy group for tourism-based businesses and STR owners. In response, a group of county residents (including your friendly editor) organized to “intervene” in the case and join the County’s attorneys in defending the new rules. The litigation is being watched closely around the state by other counties and cities wrestling with STR proliferation.
On appeal, the challengers argued that the Commissioners failed to follow procedures and standards that are required in Oregon when governmental bodies make “land use” decisions. The County and intervenors countered that new STR rules do not affect the “land use” status of homes, but merely regulate the operation of STRs as businesses in homes that would remain zoned for “residential use.” LUBA agreed with the County’s arguments and dismissed the appeal. The challengers must now decide whether to appeal that decision to the Oregon Court of Appeals or initiate a new lawsuit to test it on other legal grounds.
Meanwhile, as reported last week, the Oceanside Neighborhood Association has appointed a committee to consider and take public input on whether and how Oceanside’s current cap of 139 STRs (20% of all residences) should be refined or adjusted.
Next, in the article covering the Netarts-Oceanside Sanitary District’s purchase of sites for a new pump station in Avalon West, your friendly editor loosely stated that NOSD was expanding its “service area.” A former NOSD Board member noted that NOSD cannot expand its “service boundary” without a public process. What I should have explained is that the purchase will enable NOSD to expand sewer service within the existing boundary to areas that it does not currently have the infrastructure to serve. The article also incorrectly indicated that some homes in the area are currently utilizing private septic systems. NOSD Superintendent Dan Mello kindly advised your friendly editor that septic systems are prohibited within NOSD’s service boundary, and that those homes are actually utilizing privately owned “ejectors” to move waste into NOSD’s existing lines. The new pump station will enable those homeowners to remove the ejectors and connect directly to new sewer lines. Mea culpa!
February 14 Valentine’s Day Dance (open to all)
Oceanside Community Club – 5:30 p.m.
Chili & Chowder Available at Current Café
February 22 Conscious Dance session (open to all)
Oceanside Community Hall – 5:30
Info: Carol Kearns carolkear03@yahoo.com
March 2 Oceanside Community Club Potluck
Oceanside Community Hall – 6 p.m.
And that’s the view from Oceanside!
www.oceansidernews.com
jerrykeene@oceansidernews.com