ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 18.08, …

Ordinance No. ____ Page 1 of 12

ORDINANCE NO.______

AN ORDINANCE AMENDING CHAPTERS 18.08, 18.24.030 AND 18.28.030

OF THE ASHLAND LAND USE ORDINANCE RELATING TO

TRAVELER’S ACCOMMODATIONS AND SHORT TERM HOME

RENTALS IN MULTI-FAMILY RESIDENTIAL DISTRICTS.

Annotated to show deletions and additions to the code sections being modified. Deletions are

bold lined through and additions are bold underlined.

WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:

Powers of the City. The City shall have all powers which the constitutions, statutes, and

common law of the United States and of this State expressly or impliedly grant or allow

municipalities, as fully as though this Charter specifically enumerated each of those

powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,

shall possess all powers hereinafter specifically granted. All the authority thereof shall

have perpetual succession.

WHEREAS, the City Council has determined that preservation of the character of residential

neighborhoods is a legitimate and beneficial goal; and

WHEREAS, the City Council has found an increasing number of residential dwellings are being

rented to transients on a short-term basis for less than thirty (30) days; and

WHEREAS, the City Council has determined short-term rentals of dwellings is a business

activity which escalates demand for City services; and

WHEREAS the City Council has determined the City has a substantial interest in ensuring that

all transient occupancy tax required to be collected and remitted is in fact collected and remitted

on a fair and equitable basis; and

WHEREAS, the City Council finds that non-owner occupied, short-term rental of dwellings is

not currently listed as a permitted or conditionally permitted use in any residential zoning district

in the City; and

WHEREAS, the City Council has determined it is necessary to establish rules and regulations

to permit short term rentals within the City in order to ensure the safety and convenience of

transients, and to preserve the peace, safety and general welfare of the long-term resident of

neighboring properties; and

WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised

public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on

June 11, 2013; and


WHEREAS, the City Council of the City of Ashland, following the close of the public hearing

and record, deliberated and conducted first and second readings approving adoption of the

Ordinance in accordance with Article 10 of the Ashland City Charter; and

WHEREAS, the City Council of the City of Ashland has determined that in order to protect and

benefit the health, safety and welfare of existing and future residents of the City, it is necessary

to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an

adequate factual base exists for the amendments, the amendments are consistent with the

comprehensive plan and that such amendments are fully supported by the record of this

proceeding.

THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:

SECTION 1. Chapter 18.08 [Definitions] of the Ashland Land Use Ordinance is hereby

amended to newly include the following definitions:

18.08 Definitions

18.08.605 Primary Residence

The property that the taxpayer uses a majority of the time during the year

ordinarily will be considered the taxpayer’s principal residence. In addition to

the taxpayer’s use of the property, relevant factors in determining a taxpayer’s

principal residence, may include, but are not limited to:

(i) The taxpayer’s place of employment;

(ii) The principal place of abode of the taxpayer’s family members;

(iii) The address listed on the taxpayer’s federal and state tax returns,

driver’s license, automobile registration, and voter registration card;

(iv) The taxpayer’s mailing address for bills and correspondence;

(v) The location of the taxpayer’s banks; and

(vi) The location of religious organizations and recreational clubs with which

the taxpayer is affiliated.

18.08.658 Short-Term Home Rental

Rental of a dwelling unit in a residential zone for less than a consecutive 30-day

term is a “Short- Term Home Rental,” as is rental of a dwelling unit on two or

more occasions within any 30 day period. Rental of individual rooms within a

dwelling unit is not within the definition of “Short-Term Home Rental” as used

in this chapter, and the provisions herein for approval of short-term home

rentals under certain conditions do not apply to rental of such individual rooms.

18.08.795 Traveler's Accommodations

Any establishment in a residential zone having rooms or dwellings rented or kept for

rent to travelers or transients for a charge or fee paid or to be paid for rental or use of

such facilities for a period of less than thirty (30) consecutive days. Dwelling units


used for short-term home rental, as defined in Section 18.08.658, are not

traveler’s accommodations as defined herein.

SECTION 2. Chapter 18.24.030 [R-2 Low Density Multifamily Residential District] of the

Ashland Land Use Ordinance, is hereby amended to read as follows:

18.24.030 Conditional Uses

The following uses and their accessory uses are permitted when authorized in accordance with

the chapter on conditional use permits:

A. Churches and similar religious institutions.

B. Parochial and private schools, business, dancing, trade, technical, or similar schools.

C. Manufactured housing developments subject to Chapter 18.84.

D. Public and quasi-public halls, lodges and clubs.

E. Professional offices or clinics for an accountant, architect, attorney, dentist, designer,

doctor or other practitioner of the healing arts, engineer, insurance agent or adjuster,

investment or management counselor or surveyor.

F. Hospitals, rest, nursing and convalescent homes.

G. Limited personal service establishments in the home, such as beauticians, masseurs and

the uses listed in subsection E above.

H. Wholesale plant nurseries, including accessory structures.

I. Retail commercial uses located in a dwelling unit within the Railroad Historic District

approved by the City Council. Such business shall be no greater than six hundred (600) sq. ft.

in total area, including all storage and accessory uses, and shall be operated only by the

occupant of the dwelling unit uses, and the equivalent of one (1) half (½) time employee (up

to twenty-five (25) hours per week). Such use shall be designed to serve primarily pedestrian

traffic, and shall be located on a street having a fully improved sidewalk on at least the side

occupied by the business. The street shall be a fully improved street of residential City

standards or greater.

J. (Ord. 2624 S2, 1991; deleted Ord. 2942 S2, 2007)

J. Traveler’s accommodations, subject to the following:

1. That a All residences used for travelers accommodation must be business-owner

occupied. During operation of a traveler’s accommodation, the property on which

the traveler’s accommodation is sited must be the primary residence of the

business-owner. The business-owner shall be required to reside on the property

occupied by the accommodation, and occupancy shall be determined as the traveler’s

accommodation location being the primary residence of the owner during operation of

the accommodation. "Business-owner" shall be defined as a person or persons who

own the property and accommodation outright; or who have entered into a lease

agreement with the property owner(s) allowing for the operation of the

accommodation. Such lease agreement must to specifically state that the property

owner is not involved in the day to day operation or financial management of the

accommodation, and that the business-owner is wholly responsible for all operations

associated with the accommodation, and has actual ownership of the business. (ORD

2806 S1, 1997)

2. The property is located within 200 feet of a boulevard, avenue, neighborhood

collector as identified on the official Street Dedication Map in the City's


Comprehensive Plan. Distances to the property from a boulevard, avenue or

neighborhood collector, shall be measured via a public street or public alley to a

lot line.

3.4. That the The number of accommodation units allowed shall be determined by the

following criteria:

a. That the total number of units, including the business-owner’s owner's unit, shall

be determined by dividing the total square footage of the lot by 1800 sq. ft.

Contiguous lots under the same ownership may be combined to increase lot area

and the number of units, but not in excess of the maximum established by this

ordinance. The maximum number of accommodation units shall not exceed nine,

9 per approved traveler’s accommodation with primary lot frontage on a

boulevard arterial streets. For traveler’s accommodations without primary lot

frontage on a designated boulevard, but within 200 feet of a boulevard, avenue

or neighborhood collector street, the The maximum number of units shall be

seven., 7 per approved traveler’s accommodation with without primary lot

frontage on designated collector streets; or for traveler’s accommodations not

having primary frontage on an arterial and within 200 feet of an arterial. Street

designations shall be as determined by the official Street Dedication Map of the

Ashland Comprehensive Plan. Distances to the property from a boulevard,

avenue or neighborhood collector, shall be measured via a public street or

public alley to a lot line. Distances shall be measured via a public street or alley

access to the site from the collector or arterial.

b. Excluding the business-owner's unit and the area of the structure it will occupy,

there must be at least 400 sq. ft. of gross interior floor space remaining per unit.

4.5. That the The primary residence on the site be at least 20 years old. The primary

residence may be altered and adapted for traveler’s accommodation use, including

expansion of floor area. Additional structures may be allowed to accommodate

additional units, but must be in conformance with all setbacks and lot coverage of the

underlying zone.

5.2. That each Each accommodation unit shall must have 1 off-street parking space and

the owners business-owner’s unit shall must have two (2) parking spaces. All spaces

shall be in conformance with the requirements of the Off-Street Parking section of this

Title.

6.3. That only Only one ground or wall sign, constructed of a non-plastic material, non-

interior illuminated of 6 sq. ft. maximum size is be allowed. Any exterior illumination

of signage shall be installed such that it does not directly illuminate any residential

structures adjacent or nearby the traveler’s accommodation in violation of 18.72.110.

7.6. Transfer of business-ownership of a traveler’s accommodation shall be subject to all

requirements of this section and conformance with the criteria of this section. All

traveler’ s accommodations receiving their initial approvals prior to the effective date

of this ordinance shall be considered as approved, conforming uses, with all previous

approvals, conditions and requirements remaining in effect upon change of business-

ownership. Any further modifications beyond the existing approvals shall be in

conformance with all requirements of this section.

8.7. An annual inspection by the Jackson County Health Department shall be conducted

as required by the laws of Jackson County or the State of Oregon.


8.That the property on which the traveler’s accommodation is operated is located

within 200 feet of a collector or arterial street as designated in the City's

Comprehensive Plan. Distances shall be measured via a public street or alley


9. Traveler’s accommodations must meet all applicable building, fire and related

safety codes at all times and must be inspected by the fire department before

occupancy following approval of a conditional use permit and periodically

thereafter pursuant to Chapter 15.28.

10. The business-owner must maintain a city business license and pay all transient

occupancy tax in accordance with Chapter 4.24 and Chapter 6.04 of this code as

required.

11. Advertising for any traveler’s accommodation must include the City of Ashland

Planning Action number assigned to the land use approval.

12. Presenting or offering the availability of residential property for use as a

travelers accommodation without a valid Conditional Use Permit approval,

current business license, and Transient Occupancy Tax registration is prohibited

and shall be subject to enforcement procedures.

K. Short Term Home Rental, subject to the following:

General Requirements

1. Rental of less than an entire dwelling unit is not subject to the requirements of

this Section 18.24.030K.

2. Not more than one dwelling per parcel may be used as a short-term home rental.

3. The property must be located within 200 feet of a boulevard, avenue,

neighborhood collector as identified on the official Street Dedication Map, or is

within the boundaries of Ashland’s Historic District as designated in the City's



lot line.

4. The dwelling used for the short term home rental shall be at least 20 years old.

The dwelling may be altered and adapted for a short term home rental use,

including expansion of floor area.

5. The total number of occupants staying overnight in the short-term home rental at

any one time must not be greater than two times the number of bedrooms plus

two persons, up to a maximum of ten (10) persons.

6. A minimum of two off-street parking spaces must be provided for the short-term

home rental.

Management

7. The conditional use permit for the short-term home rental must be in the name

of the owner-applicant, who shall be an owner of the real property upon which

the short-term home rental is operated. One person may be holder of not more

than one conditional use permit for a short term home rental. The conditional


use permit is transferable upon a change in ownership through the ministerial

procedure, and shall be subject to all requirements and criteria of this section.

8. The owner-applicant must on file with the city the name, telephone number, and

email address of a local contact person responsible for responding to questions or

concerns regarding the operation of the short-term home rental.

a. The information required above must be posted in a conspicuous location

inside the short-term home rental dwelling.

b. The local contact person must be available twenty-four hours a day to accept

telephone calls and respond to the short-term home rental matters within

thirty (30) minutes when the short term home rental is rented and occupied.

9. Prior to April 1st for each of the three years following approval of the conditional

use permit or with a change in local contact, the owner must provide written

notice to all neighboring property owners within a two-hundred (200) foot

distance from the parcel on which the short-term home rental is located and

include the following information:

a. The name, telephone number and email address of the local contact person

provided to the city pursuant to subsection K(8) of this section.

b. The maximum number of occupants permitted to stay overnight in the short-

term home rental unit.

c. A copy of the conditions of approval and Planning Action number for the

Conditional Use Permit approving the short-term home rental.

d. Contact information for the city official that members of the public may

report violations of the short-term home rental regulations or conditions of

approval attached to the short-term home rental.

10. The owner-applicant must post "house policies" within each guest bedroom. The

house policies must be included in the rental agreement, which must be signed by

the renter and enforced by the owner applicant or the owner-applicant’s

designated contact person. The house policies at a minimum must include the

following provisions:

a. Quiet hours must be maintained from 10:00 p.m. to7:00 a.m., during which

noise within or outside the short-term home rental dwelling shall not disturb

anyone on a neighboring property.

b. Amplified sound that is audible beyond the property boundaries of the short-

term home rental dwelling is prohibited.

c. Vehicles must be parked in the designated parking areas.

d. Parties or group gatherings must be limited to two times the number of

occupants permitted to stay overnight in the short-term home rental dwelling

pursuant to subsection K(5) of this section.

11. The owner-applicant must use best efforts to ensure that the occupants and/or

guests of the short-term home rental do not create unreasonable noise or

disturbances. Upon notification that occupants and/or guests of the short-term

home rental have created unreasonable noise or disturbances, or committed

violations of this code, the owner must promptly use best efforts to prevent a

recurrence of such conduct by those occupants or guests.

Licensing, Inspections, Taxes & Advertising


12. Short-term home rentals must meet all applicable building, fire and related safety

codes at all times and shall be inspected by the fire department before occupancy

following approval of a conditional use permit and periodically thereafter

pursuant to Chapter 15.28.

13. The owner-applicant shall maintain a city business license and pay all transient

occupancy taxes in accordance with Chapter 4.24 and Chapter 6.04 of this code

as required.

14. All advertising for any short-term home rental must include the City of Ashland

Planning Action number assigned to the owner-applicant.

15. Presenting or offering the availability of residential property for use as a short

term home rental without a valid Conditional Use Permit approval, current

business license, and Transient Occupancy Tax registration is prohibited and

shall be subject to enforcement procedures.

L. Hostels

M. Disc antenna for commercial use.

N. Nonconforming use or structure changes required by Section 18.68.090.

O. New structures and additions to existing structures within a designated Historic District

which exceeds the Maximum Permitted Floor Area (MPFA), subject to the general

regulations set forth in Section 18.24.040.

P. Temporary uses.

Q. Wireless Communication Facilities when attached to existing structures and authorized

pursuant to Section 18.72.180.

SECTION 3. Chapter 18.28.030 [R-3 High Density Multifamily Residential District] of the

Ashland Land Use Ordinance, is hereby amended to read as follows:

18.28.030 Conditional Uses

The following uses and their accessory uses are permitted when authorized in accordance with

the Chapter on Conditional Use Permits:

A. Churches and similar religious institutions.

B. Parochial and private schools, business, dancing, trade, technical or similar schools.

C. Manufactured housing developments, subject to Chapter 18.84.

D. Public and quasi-public halls, lodges and clubs.

E. Professional offices or clinics for an accountant, architect, attorney, dentist, designer,

doctor, or other practitioner of the healing arts, engineer, insurance agent or adjuster,

investment or management counselor or surveyor.

F. Hospitals, rest, nursing and convalescent homes.

G. Limited personal service establishments in the home, such as beauticians, masseurs, and

the uses listed in subsection E above.

H. Wholesale plant nurseries, including accessory structures.

I. (Ord. 2624 S3, 1991; DELETED Ord 2942 S5;2007)

I. Traveler’s accommodations, subject to the following:

1. That a All residences used for travelers accommodation must be business-owner

occupied. During operation of a traveler’s accommodation, the property on which

the traveler’s accommodation is sited must be the primary residence of the


business-owner. The business-owner shall be required to reside on the property

occupied by the accommodation, and occupancy shall be determined as the traveler’s

accommodation location being the primary residence of the owner during operation of

the accommodation. "Business-owner" shall be defined as a person or persons who

own the property and accommodation outright; or who have entered into a lease

agreement with the property owner(s) allowing for the operation of the

accommodation. Such lease agreement must to specifically state that the property

owner is not involved in the day to day operation or financial management of the

accommodation, and that the business-owner is wholly responsible for all operations

associated with the accommodation, and has actual ownership of the business. (ORD

2806 S1, 1997)

2. The property is located within 200 feet of a boulevard, avenue, neighborhood

collector as identified on the official Street Dedication Map in the City's



lot line.

3.4. That the number of accommodation units allowed shall be determined by the

following criteria:

a. That the total number of units, including the business-owner’s owner's unit, shall

be determined by dividing the total square footage of the lot by 1800 sq. ft.

Contiguous lots under the same ownership may be combined to increase lot area

and the number of units, but not in excess of the maximum established by this

ordinance. The maximum number of accommodation units shall not exceed nine,

9 per approved traveler’s accommodation with primary lot frontage on a

boulevard arterial streets. For traveler’s accommodations without primary lot

frontage on a designated boulevard, but within 200 feet of a boulevard, avenue

or neighborhood collector street, the The maximum number of units shall be

seven., 7 per approved traveler’s accommodation with without primary lot

frontage on designated collector streets; or for traveler’s accommodations not

having primary frontage on an arterial and within 200 feet of an arterial. Street

designations shall be as determined by the official Street Dedication Map of the

Ashland Comprehensive Plan. Distances to the property from a boulevard,

avenue or neighborhood collector, shall be measured via a public street or

public alley to a lot line. Distances shall be measured via a public street or alley


b. Excluding the business-owner's unit and the area of the structure it will occupy,

there must be at least 400 sq. ft. of gross interior floor space remaining per unit.

4.5. That the primary residence on the site be at least 20 years old. The primary residence

may be altered and adapted for traveler’s accommodation use, including expansion of

floor area. Additional structures may be allowed to accommodate additional units, but

must be in conformance with all setbacks and lot coverage of the underlying zone.

5.2. That each Each accommodation unit shall must have 1 off-street parking space and

the owners business-owner’s unit shall must have two (2) parking spaces. All spaces

shall be in conformance with the requirements of the Off-Street Parking section of this

Title.


6.3. That only one ground or wall sign, constructed of a non-plastic material, non-interior

illuminated of 6 sq. ft. maximum size is be allowed. Any exterior illumination of

signage shall be installed such that it does not directly illuminate any residential

structures adjacent or nearby the traveler’s accommodation in violation of 18.72.110.

7.6. Transfer of business-ownership of a traveler’s accommodation shall be subject to all

requirements of this section and conformance with the criteria of this section. All

traveler’ s accommodations receiving their initial approvals prior to the effective date

of this ordinance shall be considered as approved, conforming uses, with all previous

approvals, conditions and requirements remaining in effect upon change of business-

ownership. Any further modifications beyond the existing approvals shall be in

conformance with all requirements of this section.

8.7. An annual inspection by the Jackson County Health Department shall be conducted

as required by the laws of Jackson County or the State of Oregon.

8.That the property on which the traveler’s accommodation is operated is located

within 200 feet of a collector or arterial street as designated in the City's

Comprehensive Plan. Distances shall be measured via a public street or alley


9. Traveler’s accommodations must meet all applicable building, fire and related

safety codes at all times and must be inspected by the fire department before

occupancy following approval of a conditional use permit and periodically

thereafter pursuant to Chapter 15.28.

10. The business-owner must maintain a city business license and pay all transient

occupancy tax in accordance with Chapter 4.24 and Chapter 6.04 of this code as

required.

11. Advertising for any traveler’s accommodation must include the City of Ashland

Planning Action number assigned to the land use approval.

12. Presenting or offering the availability of residential property for use as a

travelers accommodation without a valid Conditional Use Permit approval,

current business license, and Transient Occupancy Tax registration is prohibited

and shall be subject to enforcement procedures.

J. Short Term Home Rental, subject to the following:

General Requirements

1. Rental of less than an entire dwelling unit is not subject to the requirements of

this Section 18.24.030K,.

2. Not more than one dwelling per parcel may be used as a short-term home rental.

3. The property must be located within 200 feet of a boulevard, avenue,

neighborhood collector as identified on the official Street Dedication Map, or is

within the boundaries of Ashland’s Historic District as designated in the City's



lot line.


4. The dwelling used for the short term home rental shall be at least 20 years old.

The dwelling may be altered and adapted for a short term home rental use,

including expansion of floor area.

5. The total number of occupants staying overnight in the short-term home rental at

any one time must not be greater than two times the number of bedrooms plus

two persons, up to a maximum of ten (10) persons.

6. A minimum of two off-street parking spaces must be provided for the short-term

home rental.

Management

7. The conditional use permit for the short-term home rental must be in the name

of the owner-applicant, who shall be an owner of the real property upon which

the short-term home rental is operated. One person may be holder of not more

than one conditional use permit for a short term home rental. The conditional

use permit is transferable upon a change in ownership through the ministerial

procedure, and shall be subject to all requirements and criteria of this section.

8. The owner-applicant must on file with the city the name, telephone number, and

email address of a local contact person responsible for responding to questions

or concerns regarding the operation of the short-term home rental.

a. The information required above must be posted in a conspicuous location

inside the short-term home rental dwelling.

b. The local contact person must be available twenty-four hours a day to accept

telephone calls and respond to the short-term home rental matters within

thirty (30) minutes when the short term home rental is rented and occupied.

9. Prior to April 1st for each of the three years following approval of the conditional

use permit or with a change in local contact, the owner must provide written

notice to all neighboring property owners within a two-hundred (200) foot

distance from the parcel on which the short-term home rental is located and

include the following information:

a. The name, telephone number and email address of the local contact person

provided to the city pursuant to subsection K(8) of this section.

b. The maximum number of occupants permitted to stay overnight in the short-

term home rental unit.

c. A copy of the conditions of approval and Planning Action number for the

Conditional Use Permit approving the short-term home rental.

d. Contact information for the city official that members of the public may

report violations of the short-term home rental regulations or conditions of

approval attached to the short-term home rental.

10. The owner-applicant must post "house policies" within each guest bedroom. The

house policies must be included in the rental agreement, which must be signed by

the renter and enforced by the owner applicant or the owner-applicant’s

designated contact person. The house policies at a minimum must include the

following provisions:


a. Quiet hours must be maintained from 10:00 p.m. to7:00 a.m., during which

noise within or outside the short-term home rental dwelling shall not disturb

anyone on a neighboring property.

b. Amplified sound that is audible beyond the property boundaries of the short-

term home rental dwelling is prohibited.

c. Vehicles must be parked in the designated parking areas.

d. Parties or group gatherings must be limited to two times the number of

occupants permitted to stay overnight in the short-term home rental dwelling

pursuant to subsection K(5) of this section.

11. The owner-applicant must use best efforts to ensure that the occupants and/or

guests of the short-term home rental do not create unreasonable noise or

disturbances. Upon notification that occupants and/or guests of the short-term

home rental have created unreasonable noise or disturbances, or committed

violations of this code, the owner must promptly use best efforts to prevent a

recurrence of such conduct by those occupants or guests.

Licensing, Inspections, Taxes & Advertising

12. Short-term home rentals must meet all applicable building, fire and related safety

codes at all times and shall be inspected by the fire department before occupancy

following approval of a conditional use permit and periodically thereafter

pursuant to Chapter 15.28.

13. The owner-applicant shall maintain a city business license and pay all transient

occupancy taxes in accordance with Chapter 4.24 and Chapter 6.04 of this code

as required.

14. All advertising for any short-term home rental must include the City of Ashland

Planning Action number assigned to the owner-applicant.

15. Presenting or offering the availability of residential property for use as a short

term home rental without a valid Conditional Use Permit approval, current

business license, and Transient Occupancy Tax registration is prohibited and

shall be subject to enforcement procedures.

K. Structures in excess of thirty-five (35) feet in height, not to exceed 50 feet in height.

L. Hostels

M. Disc antenna for commercial use.

N. Enlargement, extension, reconstruction, substitution, structural alteration or reactivation

of nonconforming uses and structures pursuant to Section 18.68.090.

O. New structures and additions to existing structures within a designated Historic District

which exceeds the Maximum Permitted Floor Area (MPFA), subject to the general

regulations set forth in Section 18.28.040.

P. Temporary uses.

Q. Wireless Communication Facilities when attached to existing structures and authorized

pursuant to Section 18.72.180.

SECTION 4. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence

at the time any criminal or civil enforcement actions were commenced, shall remain valid and in


full force and effect for purposes of all cases filed or commenced during the times said

ordinances(s) or portions thereof were operative. This section simply clarifies the existing

situation that nothing in this Ordinance affects the validity of prosecutions commenced and

continued under the laws in effect at the time the matters were originally filed.

SECTION 5. Severability. The sections, subsections, paragraphs and clauses of this ordinance

are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the

validity of the remaining sections, subsections, paragraphs and clauses.

SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the City Code

and the word “ordinance” may be changed to “code”, “article”, “section”, “chapter” or another

word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however

that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and

the City Recorder is authorized to correct any cross-references and any typographical errors.

The foregoing ordinance was first read by title only in accordance with Article X,

Section 2(C) of the City Charter on the _____day of ______________, 2013,

and duly PASSED and ADOPTED this _____ day of ________________, 2013.

_______________________________

Barbara M. Christensen, City Recorder

SIGNED and APPROVED this day of , 2013.

________________________

John Stromberg, Mayor

Reviewed as to form:

_______________________________

David H. Lohman, City Attorney

Page 1 of 5

Short-term rental questions from Council: 1. What are the pros and cons of increasing the 200 foot requirement in R2 or R3 zoning?

Note that it appears that 200 was an arbitrarily selected number more than 20 years ago that at the time seemed neither too long nor too short. Pros: Allows more properties to be used as STHRs. Cons: Puts visitor traffic deeper into neighborhoods, contravening the intent of the 200-foot limitation. Creates inconsistency between existing traveler’s accommodations (i.e., B&Bs) and proposed STHR requirements.

2. What are the pros and cons for having the STHRs and B&Bs (traveler’s accommodations) not owner-occupied but owner living in the city limits? STHRs are by nature stand-alone lodging facilities that do not have an on-site manager. A traveler’s accommodation is a lodging facility that by nature is the owner’s primary residence, in which the owner may or may not provide breakfast and housekeeping services. They are two very different kinds of lodging facilities, appealing to those looking for much, much different visitor experiences. A code provision requiring a business owner to live in the City would probably not be Constitutional. The proposed code revision for STHRs requires that there be a local contact person available 24 hours a day and able to respond to matters within 30 minutes, but that local contact person need not be the owner.

3. How many current legal vacation homes are there in Ashland and where are they located? Attached is a list of all of the licensed and permitted traveler’s accommodations and hotels in Ashland. Note that the short-term home rentals granted CUPs in the E-1 and C-1 zones were permitted as “hotels,” although they clearly are not. (The list provided by the Ashland Lodging Association is not entirely accurate, although it’s close.)

4. Can we have a map of all the lodging available in Ashland both legal STHRs and B&Bs? Attached are two maps. One is a map of all of the licensed and permitted lodging facilities in Ashland. The other is a map showing the location of illegal lodging facilities that have received code enforcement letters since May 2012 and are still open code enforcement cases. The vast majority of those are in R-1 zones. Note that there are no legal STHRs (as defined in the proposed ordinance) in Ashland. There are legal traveler’s accommodations, some of which are stand-alone cottages, and houses or cottages in E-1 and C-1 zones that have been granted a conditional use permit to provide overnight lodging.

5. What percentage of the houses currently being sold in Ashland are being sold as second homes? Vacation homes? Long-term rentals?

This is a difficult question to answer, because there is no centralized database staff could find that tracks this information and buyers are not required to provide it. Staff contacted some of the larger realty offices in Ashland to see if they could tell us at least anecdotally what the

Page 2 of 5

answer to this question is as far as their buyers are concerned. Two responded. The table below shows the responses we received from them: Firm #1 Firm #2 Vacation rental 0% 0% Long-term rental 20% <5% Second home 5-10% <5% Primary residence 70-75% 95%

6. Can we increase the 20 year limit to 30 years? What does the Historic Commission have to say about this? The limit can be set at whatever number the Council chooses. It appears that 20 years was an arbitrary number when it was chosen. The 20-year requirement was not intended to deal with historic structures, but rather to address potentially negative impacts to multi-family housing supply. It was targeted at preventing vacant lands within a multi-family zoning district from being developed for “new” traveler’s accommodation uses and, as a consequence, potentially eliminating the possibility for the land and structure to be used at a later date for multi-family housing. The Historic Commission has not reviewed this.

7. Can the person who uses an LLC to own a property for the CUP process be referred to as a “human person” so that there is no ambiguity? This is already covered in the proposed revised definitions section of AMC Chapter 6.04 (Business Licenses), which reads: “Person. Includes a person, partner, partnership, limited liability company or corporation.”

8. Are there any conditions put on renting individual rooms within a dwelling unit (see definition below)? Many B&Bs do exactly this.

18.08.658 Short-Term Home Rental Definitions Rental of a dwelling unit in a residential zone for less than a consecutive 30-day term is a “Short- Term Home Rental,” as is rental of a dwelling unit on two or more occasions within any 30 day period. Rental of individual rooms within a dwelling unit is not within the definition of “Short-Term Home Rental” as used in this chapter, and the provisions herein for approval of short-term home rentals under certain conditions do not apply to rental of such individual rooms Someone renting individual rooms within a dwelling unit would be subject to the existing provisions of the City’s Traveler’s Accommodations ordinance, which requires the owner to reside on the site in their primary residence. A short term home rental, as defined, is a whole-house type of transient lodging. The visitor is required to rent the whole house (i.e., dwelling unit) and cannot rent only a room or a portion of the dwelling unit.

8. What is wrong with the current ordinance(s) that governs this set of issues? To walk it

forward a step - what is it that the new ordinance(s) addresses that the old ordinance(s) did

Page 3 of 5

not address? - What I am looking for here is a straightforward outline that addresses the question - bullet points and easy to follow. I'd like to see the direct correlation between what the present ordinance(s) does not address and how the new ordinance(s) address what is lacking.

A short-term home rental is a relatively new type of lodging facility that is not specifically addressed in our land use code. Our code addresses hotels/motels and traveler’s accommodations (B&Bs). The STHRs that are permitted in the E-1 and C-1 zones were essentially treated as “motels” when they applied for and received their CUPs. Most of these CUPs were granted many years ago. Only two have been granted since 2009. These ordinances are an effort to address something that is not explicitly addressed in the code so there can be no confusion as to what is and is not permitted and what rules and regulations govern this kind of land use. Though not done in bullet point/outline form, attached is a revised matrix that shows what is in the current code with regard to STHRs in R-2 and R-3 zones, what is proposed and how it compares to current regulations that apply to traveler’s accommodations. What is lacking in the current land use code is any regulation of STHRs in residential zones. The Council certainly has the option of maintaining the status quo, in which case we will make our best efforts at enforcement.

9. Do we really need the 20-year age stipulation for structures? This is purely a judgment call on the part of the Council. Eliminating the 20-year age stipulation may result in the design, approval and construction of new traveler’s accommodations and short term home rentals that, due to their design, may be impractical to convert back to residential.

10. Can "business equality" (B&B vs. STHR) be objectively achieved? What are the primary

considerations?

Whether equality is objectively achieved is a judgment call on the part of the Council. The primary considerations, based on the public input and the review of the Planning Commission, are those shown on the attached matrix.

11. Is there quantifiable evidence of lodging undersupply and unmet demand? (Is the need and

call for action based on perception or reality?)

There is no quantifiable evidence of which staff is aware. The closest thing we have to such evidence is Rebecca Reid’s 2011 study of the Ashland lodging industry which determined the City had a 75% occupancy rate during the 2010 July-September peak season (down from 84% in 2007, arguably due to the recession). Her study did not include STHRs and it did not provide a breakout of occupancy rates by type of lodging facility. The study does show that 42% of B&Bs and 53% of hotels/motels had occupancy rates in excess of 75%. (For comparison purposes, Travel Oregon reports the occupancy rate in Jackson County in June 2013 was 72.9%. The agency does not provide a breakout by city.) There is also a legitimate question – again, a call for the Council to make – as to whether “unmet demand”

Page 4 of 5

is a criterion for accepting or rejecting this type of modification to our land use code or, if this modification is approved, accepting or rejecting a CUP application. That is, if someone submitted a land use application to build a grocery store, we would not require them to prove unmet demand before approving the application. Clearly, this situation is different, given the legitimate public interest in preserving housing stock for owner- and long-term-rental-occupancy. But there is also a legitimate public interest in having a variety of safe, affordable and legal lodging options in Ashland, given our dependence on tourism. Which of these public interests should take precedence over the other, and how to protect, regulate and balance these public interests, is a judgment call for the Council to make. The “call for action” is based on the perception that STHRs in residential zones are here to stay and that our fundamental choice is to either regulate them in a way that is fair to all concerned or prohibit them and continue what may be a Sisyphean code enforcement effort.

12. How many STHRs are likely to be created by the proposed ordinance?

It’s impossible to know. The ordinance as proposed would make roughly 1,500 parcels eligible to become STHRs. Allowing any property in R-2 and R-3 to be an STHR would make roughly 2,100 parcels eligible. Because of the time and expense involved in getting a CUP, it seems likely that only a small percentage will go through the process to become legal, but that is conjecture. We do know that of the illegal STHRs recently identified by code enforcement, about a dozen are in R-2 and R-3 zones.

13. The general sense last week was the proposed ordinance language left too much to

interpretation and is subject to exploitation. Based on the feedback and lines of questioning, does City staff have suggestions on how to address these concerns?

A representative of the Ashland Lodging Association testified on July 16 that the ordinance is incomplete. The Association’s August 6 position paper (attached) offered no suggestions for fixing the proposed ordinance and instead suggested retaining and enforcing the existing traveler’s accommodations ordinance. During Council deliberations, the following items were mentioned as concerns: • On-site residency requirement; • Including the entire Historic District in the area in which STHRs could be allowed; • Business equality; • Data on supply and capacity; • Enforcement; • Impacts on long-term rentals; • Justification for the requirement that an STHR be within 200’ of a major street; and • Justification for the requirement that STHRs be in houses that are at least 20 years old.

Questions around on-site residency and inclusion of the entire Historic District are judgment calls that the Council has to make. Staff believes these issues were addressed in the Planning Commission recommendation from last February, which was unanimously endorsed by the Council and which became the basis of the ordinance that came to the

Page 5 of 5

Council in July. Similarly, whether or not the proposed ordinance provides business equality (the “level playing field” that has been repeatedly requested by the B&B owners) is a judgment call the Council has to make. If there is additional information the Council needs in order pass that judgment, above and beyond what is provided in this Q&A, please let us know what it is and we will do our best to supply it to you. We do not have good data on supply and capacity beyond the 2011 lodging study. We know that between May, 2012, and July of this year, we identified more than 60 illegal STHRs in Ashland. Of the illegal STHRs identified by code enforcement, more than two-thirds were located in R-1 zones and would continue to be illegal if these code amendments are adopted. There are still open code enforcement cases against about a dozen illegal STHRs in R-2 and R-3 zones that would gain a path forward to becoming legal. The hiring of a code enforcement officer will certainly allow us to double down on enforcement, but as explained at the Council meeting on July 16, we need to modify our ordinances as quickly as possible to make it a violation to advertise an illegal STHR. This needs to be done regardless of whether the Council adopts the proposed changes to the land use, business license and TOT ordinances. Impacts on long-term rentals were at least partially addressed in the Council Communication for the July 16 Council meeting, as follows: “Utility billing information was evaluated in order to determine the likelihood that properties currently operating as unlicensed short term rentals, without the prerequisite city approvals, were previously offered and used as long term rentals. Staff analyzed utility account information of approximately 40 [STHR] properties and found that 16 (40%) were used as long term rental properties over the last 10 years. Consequently, concern over the potential that increased numbers of short term home rentals will reduce the supply of long term rental housing appears to be supported by a review of utility account information.” However, we don’t know how many single-family homes in R-2 and R-3 zones are currently used as long-term rentals and how many are used as owner-occupied residences. (According to our Housing Needs Analysis, 51% of the residential properties in Ashland are rentals, but the HNA does not examine what the percentage is in different zones.) While it seems likely that some homes that are not currently used as STHRs will convert to STHRs, it also seems likely that the owners of some STHRs will not want to go through the permitting and licensing process and those homes will revert to being long-term rentals. This dynamic is also moderated in large measure by the marketplace. If too many homes convert to STHRs, the more desirable homes will be profitable while the less desirable ones will fail and revert to other allowable uses. The actual number that would be successful is limited by market demand, but there is no reliable way to predict what that market demand is or will be. The 200 foot and 20-year requirements are addressed above.

14. Can Council discuss and vote on considering R1 zone for short term rentals?

Yes. It would require a motion and a vote of the Council.

E MAIN ST

SISKIYOU BL

B ST

A ST

ASHLAND ST

OAK S

T

N MAIN ST

WALK

ER AV

HELM

AN ST

IOWA STN

MOUN

TAIN

AV

TOLM

AN C

REEK

RD

CLAY

ST

TERR

ACE

ST

SCEN

IC D

R

GRAN

ITE ST

WIMER ST

S MOU

NTAIN

AV

LITHIA WY

N LA

UREL

ST

OAK KNOLL DR

HOLLY ST

DEAD IN

DIAN MEMORIAL RD

NORM

AL AV

PARK

ST

WIGH

TMAN

ST

E HERSEY ST

W NEVADA ST

MISTLETOE RD

INDI

ANA S

T

HILL

VIEW

DR

BEAC

H ST

WASH

INGT

ON S

T

GRES

HAM

ST

GREEN SPRINGS HWY 66W HERSEY ST

ORANGE AV

MAPLE ST

WEST

WOOD

ST

CHURCH ST

FORD

YCE

ST

GUTH

RIE

ST

WINB

URN W

Y

MORT

ON ST

GLENN ST

E NEVADA ST

CLAY

ST

ASHLAND ST

S MOU

NTAIN

AV

E HERSEY ST

MORT

ON ST

0 1,800 3,600 5,400 7,200900 FeetData Source: City of Ashland Buisiness Licenses

File: G:\comm-dev\planning\LongRange\Ordinances\Vacation Home Rentals\Working documents\TA_list_full_20130807GIS Map: Bgoldman: C:\gis\9.2 projects\TOT_TravelorsMap\TOT_map_sites

PDF Map: G:\comm-dev\planning\LongRange\Ordinances\Vacation Home Rentals\Maps\TOT_map_sites_08062013

´

Hotels (C-1 & E-1) Travelers Accommodations (R-2 &R-3)

Boulevards, Avenues, & Neigborhood Collectors

1 unit2-56-10

11-2526-100 >100

E MAIN ST

SISKIYOU BL

B ST

A ST

ASHLAND ST

OAK S

T

N MAIN ST

WALK

ER AV

HELM

AN ST

IOWA ST

N MO

UNTA

IN AV

CLAY

ST

TERR

ACE

ST

TOLM

AN C

REEK

RD

SCEN

IC D

R

GRAN

ITE ST

WIMER ST

S MOU

NTAIN

AV

LITHIA WY

N LA

UREL

ST

HOLLY ST

OAK KNOLL DR

NORM

AL AV

WIGH

TMAN

ST

PARK

ST

DEAD

INDI

AN M

EMOR

IAL R

D

E HERSEY ST

W NEVADA ST

INDI

ANA S

TMISTLETOE RD

HILL

VIEW

DR

BEAC

H ST

WASH

INGT

ON S

T

GRES

HAM

ST

GREEN SPRINGS HWY 66

W HERSEY ST

ORANGE AV

MAPLE ST

WEST

WOOD

ST

CHURCH ST

FORD

YCE

ST

GUTH

RIE

ST

WINB

URN W

Y

MORT

ON ST

GLENN ST

FOX S

T

E NEVADA ST

CLAY

ST

ASHLAND ST

S MOU

NTAIN

AV

E HERSEY ST

MORT

ON ST

0 1,800 3,600 5,400 7,200900 Feet

´

Unapproved Transient Establishments

Data Source: unapproved_20130813.dbfWorking GIS file: bgoldman: C:\gis\9.2 projects\TOT_TravelersMap\Unapproved_TA_mapPDF file: G\comm-dev\planning\LongRange\Ordinances\Vacation Home Rentals\Maps\unapproved_TA_map_20130813.pdf

Boulevards, Avenues, & Neigborhood Collectors

Advertised transient establishments operatingwithout permits or land use approval

Licensed Lodging Facilities

AccommodationTotal

RoomsLodging Type Comment zoning Site Address

ANNE HATHAWAY'S COTTAGES 16 HOTEL B&B C-1 586 E MAIN ST

ASHLAND COTTAGES & VACATION HOMES 1 HOTEL 1 unit C-1 685 E MAIN ST

ASHLAND HILLS HOTEL 230 HOTEL C-1 2525 ASHLAND ST

ASHLAND SUPER 8 MOTEL 68 HOTEL C-1 2350 ASHLAND ST

BARD'S INN 90 HOTEL C-1 132 N MAIN ST

CEDAR HOUSE 2 HOTEL C-1 555 E MAIN ST

CEDARWOOD INN 57 HOTEL C-1 1801 SISKIYOU BLVD

DELAUNAY HOUSE 1 HOTEL B&B C-1 185 N PIONEER ST

FESTIVAL INN 2 HOTEL B&B C-1 550 E MAIN ST

FLAGSHIP INN 63 HOTEL C-1 1193 SISKIYOU BLVD

OAK STREET COTTAGES, INC. 4 HOTEL B&B C-1 171 OAK ST

PALM MOTEL 15 HOTEL C-1 1065 SISKIYOU BLVD

PLAZA INN & SUITES 91 HOTEL C-1 98 CENTRAL ST

RODEWAY INN 40 HOTEL C-1 2359 HWY 66

STRATFORD INN 53 HOTEL C-1 555 SISKIYOU BLVD

THE ASHLAND MOTEL 26 HOTEL C-1 1145 SISKIYOU BLVD

THE LITTLE HOUSE 1 HOTEL 1 unit C-1 675 E MAIN ST

THE MCCALL HOUSE 10 HOTEL B&B C-1 153 OAK ST

TIMBERS MOTEL 29 HOTEL C-1 1450 ASHLAND ST

WINDSOR INN 91 HOTEL C-1 2520 ASHLAND ST

ASHLAND SPRINGS HOTEL 70 HOTEL C-1-D 212 E MAIN ST

CADBURY COTTAGE 1 HOTEL C-1-D 353 HARGADINE ST

COLUMBIA HOTEL 24 HOTEL C-1-D 264 E MAIN ST

LITHIA BUILDING VACATION RENTALS 2 HOTEL C-1-D 153 WILL DODGE WAY

SUITE 207 (NEW SUITE @ WINCHESTER) 1 HOTEL 1 unit C-1-D 207 ENDERS ALLEY

THE VICTORIAN SECRET 1 HOTEL 1 unit C-1-D 44 CHURCH ST

THE WINCHESTER INN 18 HOTEL B&B C-1-D 35 SECOND ST

4TH STREET INN 2 HOTEL E-1 230 FOURTH ST

ABBOTTS COTTAGES 8 HOTEL COTTAGES E-1 466 MAIN ST

ABBOTTS COTTAGES, Falcon 1 HOTEL 1 unit E-1 323 HELMAN

ABRAM'S COTTAGE 1 HOTEL 1 unit E-1 321 HELMAN ST

ASHLAND COMMONS 3 HOTEL E-1 443 WILLIAMSON WAY

ASHLAND CREEK INN 9 HOTEL E-1 70 WATER ST

BAYBERRY INN 8 HOTEL B&B E-1 438 N MAIN ST

BLUE MOON B&B 6 HOTEL B&B E-1 312 HELMAN ST

BRENDEN HOUSE 2 HOTEL E-1 431 LORI LN

HOLIDAY INN EXPRESS 65 HOTEL E-1 565 CLOVER LN

MANOR MOTEL 15 HOTEL E-1 476 N MAIN ST

MORICAL HOUSE GARDEN INN 8 HOTEL B&B E-1 668 N MAIN ST

PEERLESS HOTEL, THE 6 HOTEL E-1 243 FOURTH ST

RELAX INN 18 HOTEL E-1 535 CLOVER LN

Licensed Lodging Facilities

237 B STREET 2 TA R-2 237 B STREET

2ND ST COTTAGES ACT II 2 TA R-2 148 SECOND ST

A MIDSUMMERS DREAM B & B 5 TA B&B R-2 496 BEACH ST

ABIGAIL'S BED & BREAKFAST INN 6 TAB&B / Cottage R-2 451 N MAIN ST

ALBION INN B&B 5 TA B&B R-2 34 UNION ST

ASHLAND ROYAL CARTER HOUSE 4 TA B&B / Cottage R-2 514 SISKIYOU BLVD

ASHLAND'S BLACK SWAN INN 4 TA B&B R-2 111 N THIRD ST

ASHLAND'S MAIN STREET INN LLC 2 TA R-2 142 N MAIN ST

ASHLAND'S TUDOR HOUSE 4 TA B&B R-2 271 BEACH ST

AUBURN STREET COTTAGE 1 TA COTTAGE R-2 549 AUBURN ST

BARKING RAVEN INN 1 TA COTTAGE R-2 900 IOWA ST

BARNHILL FAMILY LLC (Ashland Auburge) 2 TA B&B R-2 184 B STREET

BEAU SOLEIL COTTAGE 1 TA R-2 143 FOURTH ST

CC'S CITY COTTAGE 1 TA COTTAGE R-2 15 GARFIELD ST

CHAKRA GARDEN OF ASHLAND 3 TA R-2 348 N MAIN ST

CHANTICLEER B&B INN 6 TA B&B R-2 120 GRESHAM ST

COOLIDGE HOUSE BED & BREAKFAST 6 TA B&B R-2 139 MAIN ST

COWSLIP'S BELLE B & B 5 TA B&B R-2 159 N MAIN ST

HANNA'S HOUSE 1 TA COTTAGE R-2 39 FOURTH ST

HIGH STREET COTTAGE 1 TA COTTAGE R-2 60 WIMER ST

ILOVEASHLAND.COM 1 TA R-2 331 WIGHTMAN ST

JESSEL HOUSE 2 TA R-2 541 HOLLY ST

MAXFIELD'S 1 TA R-2 635 SISKIYOU BLVD

NIGHTINGAIL'S INN 2 TA R-2 117 N MAIN ST

OAK STREET STATION 4 TA B&B R-2 239 OAK ST

OUR HOUSE 1 TA R-2 164 B STREET

PARKSIDE COTTAGE - REID & CO. 2 TA B&B R-2 171 GRANITE ST

PELTON HOUSE 4 TA B&B R-2 228 B STREET

ROMEO INN 6 TA B&B R-2 295 IDAHO ST

SHREW'S HOUSE BED AND BREAKFAST 4 TA B&B R-2 570 SISKIYOU BLVD

STONE'S THROW BUNGALOW 1 TA R-2 125 WIMER ST

STUART HOUSE APARTMENTS 2 TA R-2 614 SISKIYOU BLVD 1-3

TERRA COTTAGE INN 1 TA COTTAGE R-2 60 WIMER ST

THE ASHLAND HOSTEL 10 HOSTEL R-2 150 N MAIN ST

THE IRIS INN, LLC 5 TA B&B R-2 59 MANZANITA ST

WISTERIA HOUSE 2 TA B&B R-2 453 ALLISON ST

ARDEN FOREST INN 5 TA B&B R-3 261 W HERSEY ST

CARRIAGE HOUSE 1 TA R-3 985 E MAIN ST

CENTRAL AVENUE COTTAGE 1 TA COTTAGE R-3 144 CENTRAL ST

OAK HILL BED AND BREAKFAST 5 TA B&B R-3 2190 SISKIYOU BLVD

TOTAL ROOMS 1281

Issue for STHR in R-2 and R-3 as identified by the Planning Commission

Current Status under AMC Planning Commission Recommendation RationaleApplies to Travelers Accommodations

(B&Bs)?

Conditional use in R-2 and R-3 Not permitted Yes. Make STHRs a CUP in R-2 & R-3.

Provides another choice of visitor accommodation, different from hotels and travelers accommodations (B&Bs). Applying for a CUP and going through the process allows both the Planning Commission, neighbors, and the applicant an opportunity to carefully review the proposed use and conditions of the short term rental and ensures the owner is fully aware of the restrictions and requirements, including securing a business license, completing the paperwork to collect transient occupancy tax from the renters, securing an inspection by the fire department prior to rental, posting house rules and more.

TAs are a CUP in R-2 & R-3 zones

Conditional use in R-1 Not permitted No. Ordinance prohibits in R-1 zone, PC suggests Council may want to study further. Council direction was to not allow STHR's in R-1 zones TAs are prohibited in R-1 zones

Located within 200 feet of boulevard, neighborhood collector or avenue. N/A Yes. STHR's must be located within 200 feet of a boulevard,

neighborhood collector or avenue; or in Historic District

To maintain consistency with existing TA requirements and to minimize trips on local neighborhood streets. This requirement minimizes additional non-resident traffic on residential streets. The assumption is that as visitors arrive in Ashland and are traveling on the major streets and then arrive at the short term rental without traveling and navigating residential streets. NOTE: The proposed ordinance does not impose this requirement on short term rentals within the Historic District.

Yes

Located within the boundaries of Historic District N/A Yes. STHR's must be located within 200 feet of a boulevard, neighborhood collector or avenue; or in Historic District.

To encourage STHR's to be in walking distance of the downtown, reducing impacts on downtown traffic & parking

No. TAs only allowed within 200-feet of a boulevard, neighborhood collector or avenue

Dwelling unit used for STHR must be at least 20 years oldN/A. (Conditional use in E-1 and C-1 zones does not have to be a 20+ year old house. Travelers accommodation must be 20+ years old.)

Yes. STHR must be 20-years of age.

This requirement preserves the use of existing, vacant land for multi-family housing, which is the primary purpose of the zoning district. This requirement also ensures that single family homes and condominiums are not designed and built solely for the purpose of short term rentals for investments and are available for long term occupancy by resident renters or owners. This requirement helps to preserve the existing architectural character of neighborhoods.

Yes

Total # of occupants = 2 x # of bedrooms or 10 max.N/A. (Conditional use in E-1 and C-1 zones sets no limit on total # of occupants. Total # of rooms is based upon # of parking spaces provided.)

Yes.

Limiting the number of guests based upon the number of bedrooms, with the total not to exceed a maximum of 10 keeps the number of occupants close to the number the property is designed to accommodate. It allows a formula of a four bedroom house accommodating eight people plus two on a fold out sofa. The current code requires new single family homes in Ashland to have two off street parking spaces. While it is possible that a 10 member group using a short term rental may arrive in more than two vehicles, a family living in a single family home may also have more than can be accommodated in, two off street parking spaces.

Formula in existing code sets maximum # of units, but no limits on # of occupants.

Min. two off-street parking spacesN/A (For conditional uses in E-1 and C-1 zones, one space per unit, plus one for the manager. Travelers accommodations must provide one off-street space per unit plus two for owner.)

Yes. Similar to Single Family home requirement. Require a minimum amount of visitor parking TAs are required to provide off-street parking; 1 per unit + 2 per business owner

Only one CUP per person N/A. (No limitation on the # of CUPs a person can hold for in an E-1 or C-1 zone.) Yes. One per owner/applicant.

Precludes a property owner from purchasing a number of single family dwellings (either homes or condominiums) for investment purposes and thereby reduce shrinking the inventory of long term rental properties available for people who want to make their homes in Ashland. It is also intended to limit speculation within multi-family districts due to increased investment opportunities, which may lead to an artificial inflation of existing home values

No - Business owner must reside on property

Fire inspection required N/A. (Fire inspection is required for hotels located in an E-1 or C-1 zone or for travelers accommodations in R-2 and R-3.) Yes. Require fire inspection. To increase safety for visitors unfamiliar with interior configuration

of structure and site Yes.

Advertising the availability for rent w/o CUP, business license and TOT registration is a violation

It is not a violation to advertise a STHR in a C-1 or E-1 zone or any residential zone without approvals in place.

Assists with compliance efforts related to transient accommodations through identification of unlicensed establishments

Assists with compliance efforts related to transient accommodations through identification of unlicensed establishments

Yes

1

I. GENERAL PRO AND CON ARGUMENTS ON STHRS

A. R-2 and R-3 Zones? What are the basic arguments for and against allowing Short-Term Home Rentals (“STHRs” in R-2 and R-3 zones?

Arguments in favor of proposals to allow STHRs in R-2 and R-3 zones: • The demand for Ashland transient housing of any type in the high tourist season

outstrips demand. • The impacts of STHRs are barely distinguishable from those of B&Bs, which are

already allowed in R-2 and R-3 zones (subject to conditional use permits). • STHRs are a distinct form of transient housing for which the demand appears to be

growing in absolute terms, as well as relative to other forms of transient housing; accommodating that demand may help maintain and even enhance the City’s tourism-based economy.

• R-2 and R-3 zones are multi-family zones in which fairly frequent turnover of tenants in Long-Term Rentals is already common.

• Unoccupied homes with absent owners tend to be neighborhood detractions; homes kept up by their absent owners in order to appeal to visitors, some of whom become regulars and friends of neighbors, tend to enhance neighborhood.

• Homeowners should be free to use their property as they wish as long as neighbors are not harmed or unduly inconvenienced.

• An STHR is a form of home occupation; subject to permitting requirements in AMC 18.94.130, home occupations are allowed, in all residential zones.

o Note: A home occupation site may not have more than one customer automobile at the site at any one time. AMC 18.94.110(E)(3).

• A homeowner whose principle residence is in Ashland but who is absent for several months at a time, should be able to help defray high Ashland housing costs with daily or weekly rentals.

o Note: A possible accommodation to this interest by such homeowners could be to limit STHRs to structures that are principal residences of Ashland citizens. This limitation could be imposed in all residential zones or in R-1 zones only

Arguments in opposition to proposals to allow STHRs in R-2 and R-3 zones:

• Ashland’s already insufficient supply of Long-Term Rentals would likely decrease because some landlords will turn current Long-Term Rentals into STHRs because the latter tend to be more lucrative.

o Note : The burden of obtaining a conditional use permit presumably would constrain the proliferation of STHRs. Other possible requirements, such as a limitation on distance from downtown or a limitation on concentrations of STHRs within any one geographic area could provide additional constraints.

• Occupants of STHRs tend to make greater than average use of public infrastructure and services:

2

o Utility records suggest occupants of STHRs use more electricity and water per household than occupants of Long-Term Rentals.

o To date, experience in Ashland indicates occupants of STHRs use more on-street parking than occupants of Long-Term Rentals. Presumably, this is because some STHRs are occupied by multiple families, each with a vehicle.

• The number of B&B establishments in Ashland has declined in recent years as a result of competition from STHRs and will decline even further if STHRs receive any kind of City sanction.

o Note: “Leveling the playing field” by requiring conditional use permits, business licenses, and payment of transient occupancy tax by STHRs may improve the competitiveness of B&Bs and hotels/motels vis-à-vis STHRs.

• Residents in R-2 and R-3 zones reasonably expect transient lodgings not to become a prominent feature of their neighborhoods.

• Residents in R-2 and R-3 zones generally want neighbors who care more about long-term quality of life in their neighborhoods and community than visitors typically do.

• More overnight guests staying in a neighborhood generally means more traffic and more noise for residents to cope with.

B. R-1 Zones? In addition to the pro and con arguments summarized above with respect to R-2 and R-3 zones, what are the basic arguments for and against allowing STHRs in R-1 zones?

Arguments in favor of also allowing STHRs in R-1 zones: • Allowing a few STHRs in any one neighborhood would be no more likely to detract

from neighborhood quality of life or community values than do presently unlimited Long-Term Rentals.

• The stability and quality of neighborhood life should not receive greater protection in R-1 zones than in R-2 and R-3 zones.

• Available sites for STHRs are more plentiful in R-1 zones than in R-2 and R-3 zones.

Arguments in opposition to also allowing STHRs in R-1 zones: • STHRs, like B&Bs and other significant business activities, should be kept out of

primary residential areas. • Even more than in R-2 and R-3 zones, residents in R-1 zones have reasonable

expectations as a result of zoning laws that occupants of their neighborhoods will turn over fairly infrequently and will take a personal interest in the long-term character and amenities of the neighborhood and community.

II. QUESTIONS AND ANSWERS ON THE PROPOSED STHR PROVISIONS

1, Why Change? Why consider any changes to accommodate STHRs?

Responses:

3

• To allow owners the opportunity under limited circumstances to generate some income from the investment in their homes; the current Code does not allow a homeowner to obtain a permit – even a conditional use permit – for an STHR in either a single family or multifamily zone.

• To maintain or even enhance Ashland’s appeal as a tourist destination. • To partially accommodate apparent tourism market demand in a way that (1) provides

an achievable pathway to compliance (stated differently, provides a workable legal alternative to blackmarket transactions); (2) reasonably limits impacts on neighborhoods and on long-term rental housing availability; and (3) affords citizens an opportunity to participate in site-specific decisions (conditional use permit hearings).

2. STHRs vs. LTRs? Why should STHRs be regulated while Long-Term Rentals are mostly unregulated?

Responses: • Long-Term Rentals help meet Ashland’s critical need for moderate-priced housing;

the supply of Long-Term rentals is likely to be diminished by conversions to STHRs. • State law expressly permits imposition of a Transient Occupancy Tax on short-term

vacation rentals to help offset the costs of providing public amenities for tourists; residents in Long-Term Rentals help pay for public amenities through other kinds of taxes and fees.

• A Short-Term Home Rental is almost surely intended to achieve financial gain and therefore warrants regulation as a business activity. One Long-Term Rental, on the other hand, may well not be intended primarily for financial gain: It may, for example, be due to temporary relocation or waiting for a qualified buyer to appear.

• B&Bs and other short-term lodging facilities similar to STHRs are similarly regulated.

3. STHRs v. B&Bs? Why should there be any regulatory distinctions at all between STHRs and B&Bs?

Response: While the two forms of short-term lodging are enterprise cousins, they have slightly different characteristics and offer distinctive visitor experiences that warrant slightly differing regulatory treatments. The few proposed regulatory requirements for STHRs that are different from those for B&Bs stem primarily from the fact that the STHR owner is not on site to actively manage the property and provide neighborhood continuity.

4. B&B owner on-site requirement? If STHRs are allowed in R-2 and R-3 zones pursuant to conditional use permits without an owner on-site, should B&Bs likewise be allowed to operate without an owner on-site?

Response: No. B&Bs offer a distinctive lodging experience, with more service and more personalized hospitality than is available at an STHR or a typical hotel/motel. Having all three forms of transient lodging affords visitors a full panoply of choices and thereby

4

optimizes Ashland’s visitor industry. Operation of a B&B also provides an owner with a full-time residence.

5. Employment zones only? If there is significant unmet demand for STHRs, could that demand be accommodated exclusively in employment zones?

Response: Probably not. First, STHRs in commercial or industrial zones would likely not be attractive to many potential customers because of lack of proximity to downtown and lack of neighborhood “feel.” Second, allowing construction of new structures or conversion of old structures for STHR use in commercial or industrial zones would reduce the City’s already insufficient inventory of employment land.

6, Old houses only? Why should STHRs be limited to houses 20 years old or more?

Responses: • To preserve scarce existing vacant land for higher priority city goals, specifically for

multi-family housing; • To preserve the existing architectural character of neighborhoods; • To be consistent with current B&B requirements.

7. Within 200 Feet of Major Streets? Why should STHRs have to be within 200 feet of arterials (except within the Historic District)?

Responses: • To minimize neighborhood “thru” traffic impacts by allowing STHRs only in the

vicinity of high-capacity streets. • To be consistent with current B&B requirements.

8. Two rentals in within 30 days? Why should rental of one dwelling unit on two or more occasions within any 30 day period constitute an STHR?

Response: If a house is rented to two different renters for 30 days or more within the same 30 day period, each rental is in fact for a term of less than 30 days regardless of the purported terms of the rental agreements. This limitation is to prevent STHRs from being falsely presented as Long-Term Rentals.

9. Whole dwelling units? Why should STHRs be limited to renting out the whole dwelling unit?

Response: If rooms are being rented out on a daily or weekly basis with the owner on site, this type of transient lodging is by definition a B&B and is subject to the requirements for B&Bs, including the requirement for a business license and payment of the transient occupancy tax.

10. Rooms in owner-occupied homes? Would rental of one or more rooms in an owner-occupied home constitute a STHR?

5

Responses:

• No. • Such a rental for 30 continuous days or more would be a Long-Term Rental not

regulated by AMC 18 and not requiring payment of transient occupancy tax; such a rental would not require a business license if the rented rooms do not have a kitchen. (See definition of “Dwelling Unit” in proposed Section 6.04.020(G).

• Such a rental on a daily or weekly basis (less than 30 days) would constitute a B&B and would be subject to payment of transient occupancy tax, business license requirements and the B&B requirements in AMC 18.04.

11. Conversion of B&Bs? Could a B&B be converted to a STHR?

Response: Yes, but the owner could not occupy the house because STHRs are only allowed with the whole dwelling unit is rented.

12. Conversion of Long-Term Rentals? Could a Long-Term Rental be converted to an STHR?

Response: Yes, if all requirements are met, including a conditional use permit and payment of transient occupancy tax. As noted above, the burden of obtaining a conditional use permit presumably would limit the number of such conversions. Other possible requirements, such as a limitation on distance from downtown or a limitation on concentrations of STHRs within any one geographic area could provide additional constraints.

13. Conversion of apartments? Could one apartment in a multiple-apartment complex be converted to an STHR?

Response: Yes, if all requirements are met. But the owner could not have any other STHRs in Ashland.

14. Ownership of multiple STHRs? Could one person be an owner of multiple STHRs?

Response: No. The proposed limit of one STHR conditional use permit per person is intended to prevent this in order to avoid creating an incentive to convert Long-Term Rentals to STHRs. This limit is also intended to deter artificial inflation of existing home values in multi-family districts by precluding speculation in multiple properties with potential for conversion to STHRs.

• Note: One person can own multiple Long-Term Rentals (with a business license if more than one is owned); this is to encourage private provision of affordable housing opportunities.

15. Ghost ownership of multiple STHRs? Could one or two persons create multiple limited liability companies or corporations each owning an STHR and thereby get around the proposed “one-owner” limitation?

6

Responses: • Yes, but having to create, do the accounting and tax preparation for multiple legal

entities and having to get a conditional use permit for each site should minimize such “gaming.”

• The requirement that STHRs be within 200 feet of major streets would partially constrain such “gaming.”

• Assuming STHRs are permitted only in R-2 and R-3 zones, limited sites available for STHRs in those areas would partially constrain such “gaming.”

16. Enforcement? Will enforcement of whatever rules regarding STHRs are in place be effective?

Responses: • Presumably vigorous enforcement with the help of a new enforcement officer will

increase awareness of STHR restrictions and requirements and therefore increase voluntary compliance.

• Enforcement still will be primarily complaint-driven; but a provision making it a violation to advertise an illegal STHR would enable enforcement officials to uncover and prosecute violations readily through Internet research.

17. Ownership of multiple LTRs? Could one person be owner of multiple Long-Term Rentals and have just one business license?

Response: Yes, provided all such Long-Term Rentals are accounted for under one taxpayer identification number.

18. Exemption for only one LTR? Why should an owner of two or more Long-Term Rentals be required to get a business license (especially since up until now a business license was required only for six or more Long-Term Rentals.)

Responses: • Rental of more than one dwelling unit is unquestionably a business activity, not

unlike offering goods or services from a home-based business. • One Long-Term Rental may or may not be intended primarily for financial gain. (It

may, for example, be due to temporary relocation or waiting out a real estate market slump.) But a second Long-Term Rental is almost surely intended to achieve financial gain.

• A rationale for allowing no business license exemptions for STHRs while allowing an exemption for one Long-Term Rental is that one Long-Term Rental may be undertaken primarily for reasons other than financial gain. See examples in parentheses in the item immediately above.

• Reducing the current business license exemption for up to five Long-Term Rentals to just one would give the City much better current information about availability of rental opportunities for residents.

###

Page 1

August 6, 2013

From: Ashland Lodging Association

To: Ashland City Council

Re: Proposed Ashland Land Use Ordinance Amendment sections 18.08, 18.24 and

18.28, prepared by the planning department and supported by the planning commission

to create a new “class” of Traveler’s Accommodation coined as “Short-Term Home

Rentals” (STHR) in the city.

As solicited by the Ashland City Administrator Dave Kanner, the Ashland Lodging

Association Board of Directors, on behalf of its 49 member licensed hotels, motels, bed

& breakfasts, short-term home rentals/cottages and hostel present the following

position statement:

If it ain’t broke don’t fix it

The questions to be addressed include the following:

1. How did this all start?

2. Who is asking for this new class of Traveler’s Accommodation?

3. Why exactly are they looking to change this ordinance?

4. Who is behind this movement?

5. What’s broken with the current ordinance that needs fixing?

6. What are the unintended consequences of making this change?

Preface: There is no shortage of short-term lodging in Ashland. The demand for lodging, which primarily comes from the number of seats at the OSF theaters, is a fixed number. The information, the city has based its reasoning upon; to amend the ordinance is wholly based on testimony from those individuals who have been breaking the law. A quick poll of licensed short-term home rental operators indicates that there is plenty of unsold capacity. In addition, there are many available homes in R-2 & R-3 zones that can lawfully be converted to STHR without making any changes to the code. Changes to the city ordinance must be based on accurate and reliable data;

How did this all started? The issue of unlawful short-term home rentals has been

brewing in Ashland for several years, ever since the city eliminated the Code Compliance

Officer position. Fifteen months ago, because of infiltration and sheer growth in the

number of unlawful operations and lack of code enforcement in all zones including R-1,

R-2 & R-3 became front and center. At that time over 100 homeowners were renting

their homes unlawfully as short-term (under 30 days) rental to visitors. Notices of cease

and decease were sent to approximately five dozen homeowners in May 2012, over 15

months ago. Many of these homeowners have continued their unlawful activity and the

city has not addressed the issue of bringing said homeowners into compliance.

August 6, 2013 Ashland Lodging Association Position Statement Proposed Ashland Land Use Ordinance Amendment sections 18.08, 18.24 and 18.28

Page 2

Who is asking for this new class of Traveler’s Accommodation? The

individuals who are pushing for this change are those who have been unlawfully renting

their properties, the absent out-of-town owners who bought homes in Ashland for

vacation home purposes, property managers who represent unlawful rentals and real-

estate investors who had initially purchased properties for the purpose of long-term

rental.

Why exactly are they looking to change this ordinance? As they have testified

in public meeting before the city council and the planning commission, the primary

purpose of these individuals are to rent these homes as short-term rental because they

make 3 times more than when they rented long-term,; and on top of that, they want the

ability to not live on the property, as required by the current municipal codes, simply

because most of these individuals are not Ashland residents and live out-of-town or out-

of-state. While there's nothing wrong with the principal of maximizing commercial

revenue potential -- the point is these properties are not commercially zoned. R-2 and

R-3 are residential zones.

Who is behind this movement? Early this year, VRBO, HomeAway, Tripadvisor, AirBnB and others (who are usually competitors in the online short-term rental marketplace) formed a coalition called Short Term Rental Advocacy Center, www.stradvocacy.org. This is a well-funded lobbying group whose purpose is to organize the local short-term rental owners (who are also customers of VRBO, AirBnB and others) to influence local politics and change municipal codes to suit the needs of the corporations in the online short-term marketplace. STRAC will appear to be a grass root local advocacy group but make no mistake; this is a well-orchestrated move by outside interest to protect their bottom line. Unfortunately for majority of Ashland citizens, these out-of-town, multi-million dollar corporations who are making their millions, from the same individuals who rent unlawfully, are meddling in Ashland's affairs and are influencing the outcome. This has become clearly evident in the past couple of months as corporate giants like VRBO.com have created local chapters of their Short Term Rental Advocacy Center (http://www.stradvocacy.org/local_chapter/ashland-or/) in Ashland and are coaching those who are unlawfully operating STHR to fight the city hall. What’s broken with the current ordinance that needs fixing? Nothing. Except for some minor tweaking and clarifications that have been identified, there is nothing wrong with the current ordinance as there are well-thought out and well-developed processes in place for Short-Term Home Rentals (STHR) in R-2, R-3, C & E zones. The difference between homes in R-2 & R-3 zones and those in C&E zones is that a homes in R-2 and R-3 must be owner-occupied and those in C & E are non-owner occupied. There has been a persistent misconception that Ashland does not have enough supply of vacation home-style lodging options; and that this new kind of traveler's accommodations will meet an increasing demand. In fact, Ashland has more than enough lodging; and vacation homes far outnumber any other form of lodging options.

http://www.stradvocacy.org/local_chapter/ashland-or/


Page 3

A review of the city’s business license database reveals that out of 81 lodging licenses issued by the city, 19 are hotels and motels, 22 are Bed & Breakfasts, 38 are Short-Term Home Rentals and 2 hostels. The 38 Short-Term Home Rentals and cumulatively represent over 64 individual rental units (see included list). The reason for this disparity is because one licensee may own more than one unit. For example, one business license has been issued to Abbott’s Cottages. Abbott’s has 9 individual units in 3 locations in the city of Ashland. Additionally, 7 of the bed & breakfast facilities have 8 cottages that provide visitors independent lodging option, which brings the total number of homes rentals to 72. Majority of these units are non-owner occupied. Therefore, the rationale put forward by the planning department staff and the planning commission that STHR is to offer visitor's “another choice” is totally wrong and unsubstantiated. If a homeowner in R-2 and R-3 zone wants to convert his/her home to a STHR and does not want to live on-site, he/she can live in the auxiliary unit of the property or simply request a variance from the planning department. It appears that the planning department doesn't want to consider variances and they rather overhaul the code. The planning department has not done its due diligence. What are the unintended consequences of making this change? As stated

above, the Ashland Lodging Association does not support an ordinance amendment to

allow a new “class” of Traveler’s Accommodation as we presently have this lodging type,

however, for the purpose of answering the question of what are the unintended

consequences that the proposed ordinance amendment will cause, we offer the list No

one has the hard data on the salient metrics (capacity, demand and supply). If the city is

going to make changes to an ordinance that profoundly affects the economic viability of

every citizen (starting immediately and into the future); good and reliable data must be

gathered over time by which to make that decisions. Simply listening to those who are

breaking the law is not acceptable.

a) The proposed ordinance amendment creates unfair disadvantage and an unequal

playing field between various types of licensed lodging establishments;

b) The impact on the neighborhoods has not been assessed. Even though short-term home rentals and B&Bs are presently allowed in R-2 and R-3, these neighborhoods are still residential and are comprised of families who live year-round in houses and apartments. They too deserve a balanced use of their neighborhoods;

c) The impact on long-term rental housing has not been studied. There are many families who live in rental dwellings in R-2 and R-3 who will be displaced by passage of this ordinance. Removal of properties off the long-term rental market for the purpose of STHR negatively impacts the supply of long-term rentals and increases the cost. Ashland workers who cannot afford owning a home are forced them to live out-of-town because monthly rentals are taken off the market and rented unlawfully as STHR. On a limited scope, the planning department staff has already substantiated this fact;


Page 4

d) Every business should be treated the same under the law. This proposed

ordinance discriminates against the owners of bed and breakfast operations

located in R-2 and R-3 zones and further creates an unfair condition by requiring

them to live on-site while the owners of the proposed new “class” of STHR will

not required to live on-site. This clearly discriminates against B&B owners. The

on-site living requirement for B&Bs were put in place 30+ years ago to prevent

out-of-town investors from buying multiple dwellings (mostly historic homes)

and operate remotely. Removal of on-site requirement will open R-2 and R-3

zones to absentee ownership;

e) The proposed ordinance amendment declares “rental of less than an entire

dwelling is not subject to the requirements of this section”. This can be

interpreted that renting less than an entire dwelling is not regulated as it is not

addressed anywhere else in the municipal code;

f) The revised definition of “Traveler’s Accommodation” is incomplete. Every

lodging establishment that accommodate a traveler, whether hotel, motel, B&B,

STHR, or hostel is a “Traveler’s Accommodation”;

g) The proposed ordinance encourages absentee ownership and will attract

investors who would not live in Ashland but would reap the benefits. Many of

those who testified for the change are already in this category. They either have

a second house or no longer live in Ashland, and have converted, or want to

convert the properties to investment properties. Ashland could easily become

another Sun River, Aspen, Cape Cod, or any of a number of communities that are

virtual ghost towns when their "season" is over;

h) The provision that one person can only own one vacation rental is un-enforceable. As the city attorney validated at the July 16th council meeting, there is no way to stop individuals from forming LLCs (at a cost of $50 each) and or vest title in other family members’ names, etc. We all know this can and will be done to get around this provision. This provision will be completely ignored and wealthy out of town investors will buy multiple properties and offer them as STHR. Requiring the proprietor to reside on the premises solves this problem;

i) The provision that an absentee owner and or a property manager (who has not been defined in the code) will respond to a problem within 30 minutes is un-enforceable. Requiring the proprietor to reside on the premises solves this problem;

j) The proposed ordinance amendment creates a “gold-rush” effect, where an

owner of a condominium unit who is first in line at the planning department

counter to apply for a CUP, will have a huge financial advantage over the rest of

the condominium owners in his/her complex;


Page 5

k) Another obvious side effect of all of this is the devastating negative effect it will have on property values.

Unfortunately the negative impacts of the changes in the proposed ordinance amendment are not evident immediately and by the time the city realizes their mistake, it will be too late and irreversible and by then the character and the charm that people come to Ashland to experience will be altered forever.

In conclusion, approval of this amendment will send the message that if someone(s) complains about non-enforcement of city ordinances, the city will change the ordinance. This simply rewards those who violate the law. When effectively and sufficiently enforced, the current ordinances provide a solid, workable framework by which the city may strike a balance between the needs of housing its residences and needs of lodging visitors.

Zoning laws and their proper enforcement establishes trust between home owners, businesses and the city, and is critical to a healthy, thriving and happy community. Just enforce the rules as they are and the city will benefit from increased revenue, the integrity of neighborhood will remain constant and the quality of our travelers’ accommodations will remain high and profitable.

The council’s responsibility is to make laws that are clear, concise and enforceable. The laws should be applicable across the board and not prejudicially single out certain groups. Protectionism should not play a role in making laws. City officials who have a conflict of interest should step down.

Respectfully submitted;

Ashland Lodging Association Board of Directors

Abi Maghamfar, President Lois VanAken; Vice President Corrine Lombardi; Treasurer Ellen Campbell, Secretary Crissy Barnett At-Large Barbara Hetland, At-Large Annie Dunn At-Large Attachment: 1


Page 6

Business Name Address # of Rental

Units

1 237 B STREET 237 B ST

ASHLAND OR 97520 2

2 4TH STREET INN 232 FOURTH ST

ASHLAND OR 97520 2

3 ABBOTTS COTTAGES 464 N MAIN ST

ASHLAND OR 97520 9

4 ASHLAND COTTAGES AND

VACATION HOMES

685 EAST MAIN ST

ASHLAND OR 97520 3

5 ASHLAND AUBERGE 184 B ST

ASHLAND OR 97520 1

6 ASHLAND'S MAIN STREET INN 142 NORTH MAIN ST

ASHLAND OR 97520 2

7 ASHLAND'S TUDOR HOUSE 271 BEACH ST

ASHLAND OR 97520 2

8 AUBURN STREET COTTAGE 549 AUBURN ST

ASHLAND OR 97520 1

9 BARKING RAVEN INN 900 IOWA ST

ASHLAND OR 97520 1

10 BEAU SOLEIL COTTAGE 145 FOURTH ST

ASHLAND OR 97520 1

11 BRENDEN HOUSE 431 LORI LN

ASHLAND OR 97520 2

12 CADBURY COTTAGE 353 HARGADINE ST

ASHLAND OR 97520 1

13 CARRIAGE HOUSE 989 EAST MAIN ST

ASHLAND OR 97520 1

14 CEDAR HOUSE 555 EAST MAIN ST

ASHLAND OR 97520 2

15 CENTRAL AVENUE COTTAGE 140 CENTRAL AVE

ASHLAND OR 97520 1

16 CHAKRA GARDEN OF

ASHLAND

348 N MAIN ST

ASHLAND OR 97520 2


Page 7

17 CHOZU BATH & TEA GARDENS 832 A ST

ASHLAND OR 97520 2

18 HIGH STREET COTTAGE 358 HIGH ST

ASHLAND OR 97520 1

19 TERRA COTTAGE INN 60 WIMER ST

ASHLAND OR 97520 1

20 COWSLIP'S BELLE 159 NORTH MAIN ST

ASHLAND OR 97520 2

21 DELAUNAY HOUSE 185 N PIONEER ST

ASHLAND OR 97520 1

22 NIGHTINGAIL'S INN 117 N MAIN ST

ASHLAND OR 97520 1

23 HANNA'S HOUSE 37 FOURTH ST

ASHLAND OR 97520 1

24 ILOVEASHLAND.COM 331 WIGHTMAN ST

ASHLAND OR 97520 1

25 JESSEL HOUSE 541 HOLLY ST

ASHLAND OR 97520 2

26 2ND ST COTTAGES ACT II 144 SECOND ST N

ASHLAND OR 97520 2

27 LITHIA BUILDING VACATION

RENTALS

153 WILL DODGE WAY

ASHLAND OR 97520 2

28 MAXFIELD'S 635 SISKIYOU BLVD

ASHLAND OR 97520 1

29 ABRAM'S COTTAGE 321 HELMAN ST

ASHLAND OR 97520 1

30 OAK STREET COTTAGES, INC. 171 OAK ST

ASHLAND OR 97520 4

31 OUR HOUSE 164 1/2 B ST

ASHLAND OR 97520 1

32 PARKSIDE COTTAGE - REID &

CO.

171 GRANITE ST

ASHLAND OR 97520 2

33 SISKIYOU HOUSE 630 SISKIYOU BV

ASHLAND OR 97520 1


Page 8

34 STONE'S THROW BUNGALOW 125 WIMER ST

ASHLAND OR 97520 1

35 STUART HOUSE APARTMENTS 614 SISKIYOU BLVD

ASHLAND OR 97520 1

36 THE LITTLE HOUSE 675 EAST MAIN ST

ASHLAND OR 97520 1

37 THE VICTORIAN SECRET 44 CHURCH ST

ASHLAND OR 97520 1

38 WISTERIA HOUSE 453 ALLISON ST

ASHLAND OR 97520 1

64

B&Bs With Cottages

1 ABIGAIL'S BED & BREAKFAST

INN

451 N MAIN ST

ASHLAND OR 97520 1

2 ASHLAND ROYAL CARTER

HOUSE

514 SISKIYOU BLVD

ASHLAND OR 97520 1

3 ASHLAND'S BLACK SWAN INN 111 THIRD ST

ASHLAND OR 97520 1

4 BAYBERRY INN 438 N MAIN ST

ASHLAND OR 97520 2

5 BLUE MOON B&B 312 HELMAN ST

ASHLAND OR 97520 1

6 COUNTRY WILLOWS 1313 CLAY ST ASHLAND, OR 97520

1

7 THE WINCHESTER INN 35 SECOND ST S

ASHLAND OR 97520 1

8

TOTAL 72

Documents

ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 18.08, …