By QUINTON SMITH/YachatsNews.com
Jim Peterson and Eric Meyer’s neighborhood sits on an ancient lava shelf where Cape Foulweather plummets into the Pacific Ocean south of Depoe Bay.
The views in the Miroco neighborhood are stunning. The neighborhood, serviced by a one-lane road, is usually quiet.
It’s an area of 59 houses, including many new or remodeled, and oceanfront homes that go for more than $1 million. Tucked off Otter Crest Loop, it offers a spectacular retreat from the bustle of the nearby cities of Newport, Depoe Bay and Lincoln City.
Peterson, a retired federal geologist from Colorado, and Meyers, a former guitar shop owner from Portland, want to keep it that way by fending off the small but increasing number of vacation rental houses in their neighborhood.
“When I moved here four years ago there was one vacation rental. And that’s what appealed to us,” Peterson says. “Now there are six, most in the last two years. Our concern is if nothing is done, there could be 10 by the end of the year.”
Peterson and Meyers argue that vacation rentals should not be allowed in single-family residential zones. They are members of a newly-formed coalition of county neighborhoods who have filed paperwork with Lincoln County to put an initiative petition on either the November or May 2021 ballots. They want voters to decide whether to phase out short-term vacation rentals in unincorporated areas of the county over five years.
The co-petitioners, Monica Kirk, Marge Farness, and Michele Riley, live in Miroco as well. They have formed a group called “15neighborhoods” and are awaiting a Monday decision to see if anyone challenges their ballot title or proposed wording to change county regulations.
If approved by the county, then they have until Aug. 5 to collect 1,454 signatures to get it on November’s ballot.
If they miss that deadline — and backers realize a new online signature gathering effort may be cumbersome — then they would have until next February to make the May 2021 ballot.
Any opponents have until 5 p.m. Monday to challenge the constitutionality of the measure or the wording of the ballot title, said County Clerk Dana Jenkins.
If the initiative reaches the ballot, voters across the county – including those in its seven cities – would decide the issue. But the new regulations would affect only short-term rentals in unincorporated areas.
Rental fight spreads across tourist areas
The effort by the Miroco and other neighborhood groups is part of an intensifying battle in tourist areas of the United States over the increased use of single-family homes in residential neighborhoods as vacation rentals.
They are popular because owners use rental income to help pay mortgages for second homes or on investment property. Renters like them because they are larger, offer more amenities than motel rooms and allow groups of families or friends to gather in one place.
But as their popularity has taken off, so has backlash as some residents object to large groups of sometimes noisy visitors, increased traffic, and the weekly turnover of renters.
“Neighborhoods and their residents have nothing to gain by having mini-motels in them,” Meyers says.
In the last few years local municipalities across the country have tried to find ways to more closely regulate vacation rentals. Oregon, where in 2018 visitors spent $12.3 billion and supported 13,800 businesses and 211,000 workers, is no different.
Three years ago in Yachats the city put a limit of 125 on the number of vacation rentals. A similar cap in Gearhart survived challenges in court and at the ballot box.
Last year in Newport, the city adopted a complicated zoning plan that limits vacation rentals in certain neighborhoods of single-family homes away from tourist areas. Lincoln City has similar restrictions.
But vacation rentals are proliferating in some unincorporated areas of Lincoln County outside of cities, especially areas with beach access and views.
In some popular Lincoln County beach neighborhoods like Gleneden Beach and Beverly Beach – but not Miroco – the number of vacation rentals is starting to equal the number of owner-occupied homes.
County re-examining its regulations
There are 600 licensed vacation rentals in unincorporated Lincoln County, up from 428 in the past 18 months. County officials believe 50-60 more are skirting by without a license – and avoiding paying transient lodging taxes of 10 percent.
Lincoln County first adopted some vacation rental regulations in 2016 and at the urging of Miroco residents and other vacation rental opponents began looking at them again in the spring of 2019.
Because most homes in unincorporated Lincoln County are on septic systems, the county first focused on requiring septic inspections – and repairs if needed – for vacation rentals using them.
County commissioners then began looking at lowering its higher-than-normal occupancy rates for short-term rentals, using septic capacity as one way to do that.
It recently purchased software to better track licenses, lodging taxes, contact information for owners and managers, and more consistent ways for people to lodge complaints. That could go online in September.
The sheriff’s office has also hired a deputy to do nothing but deal with vacation rental code enforcement. He is in training and expected to begin his work in early August.
In March, commissioners also put a freeze on issuing new licenses until they could sort out and implement new regulations. They also said they would discuss a limit on licenses, with commission Chair Kaety Jacobson and Claire Hall indicating support and Doug Hunt opposed.
But the pandemic and major COVID-19 outbreaks in Newport have swamped county staff and resources, so discussion of the issues have been put off until at least September. The freeze on new licenses has been extended to Sept. 30.
The group pushing the vacation rental ban says that’s one reason it stepped in with its initiative – the county has been too slow to react.
Jacobson disagrees.
“Robust processes often take awhile … and then we had a global pandemic,” Jacobson said. “We’re not sure when or if business will get back to normal, so now we have to conduct this process in the middle of a pandemic.”
Rental managers will fight initiative
Jamie Michel, who oversees operations and development for Yachats-based Sweet Homes Rentals, has been deep in the vacation rental fight for more than two years. She was on a Newport task force that worked on that city’s rental ordinances and testifies frequently before the Yachats City Council and county commission.
She expressed surprise that the Miroco group didn’t wait for the county to finish its work before filing the initiative.
“This is a pretty hard approach,” Michel said. “It’s extreme. It’s not good policy.”
Michel has organized vacation rental managers and owners on the central Oregon coast. The group used to be called the Oregon Coast Vacation Rental Alliance, but recently re-formed as VIAOregon. It has 292 members, she said.
The group is having a consultant examine the initiative to see if it can be successfully challenged.
Michel argues that the vacation rental industry needs to be regulated but that local jurisdictions need to do a better job enforcing those regulations to protect neighborhoods.
“Instead of punishing the whole industry, identify the problem places and enforce regulations, including a ‘three-strikes’ rule where repeat offenders lose their licenses,” she said. “Let’s come to the table and have an educated discussion and work out a solution.”
Spearheading the neighborhood effort
Like Michel, Kirk has been a regular at commission meetings and workshops on vacation rentals.
The retired Environmental Protection Agency attorney has lived in the Miroco neighborhood since 2012 and got involved in the issue two years ago after houses on either side of her became vacation rentals.
“What the heck is going on?” Kirk said to herself then. “Until then I hadn’t been paying attention. So I started studying it.”
She terms the rentals “an extractive industry” because her research of sheriff’s office records shows than 94 percent of vacation rentals are owned by people outside Lincoln County. She was one of the first to sound the alarm on septic system inspections, failures and capacity limits on short-term rentals.
And while she thinks the county has done a good job beginning to address vacation rentals issues, it was the “silence” on the issue since the coronavirus pandemic struck that motivated filing the initiative petition.
“We have been thinking about an initiative petition for over a year,” Kirk said. “Then we just stopped hearing from the county.”
They thought the pandemic would stop any attempt to gather signatures, but heard from Common Cause that it can be done electronically.
She contacted other neighborhood groups in unincorporated Lincoln County – there’s actually 17 signed on now – and will have a website www.15Neighborhoods.com up soon to help get the word out. Until the website is working, people can contact 15neighborhoods@gmail.com for information.
The goal is to collect enough signatures in a very short period of time to get the initiative on the ballot.
“The challenge is not convincing people that short term rentals are not good for residential neighborhoods,” Kirk says “… the challenge now is teaching people the technology to sign the electronic petitions.”
Doug Hunt, friend of the moneyed, doesn’t work for residents.
Permanent (year round ) residents of Yachats should not have to put up with the crowds, parking issues, noise, garbage problems from vacation rental residents. We have lived in Yachats for 10 years and all the problems have only gotten worse and Yachats government has made only tepid attempts to regulate and enforce the Yachats city code. There is no benefit to having these mini-motels in R-1 residential neighborhoods. Get rid of the vacation rentals now.
Yes! Thank you! We live in Road’s End and it has gotten just horrible!
Just because you live there doesn’t mean others shouldn’t get to enjoy it too. Why should you decide what someone else does with their property. I would be amazed if it stood up in court,
As a investment owner in Lincoln County banning rentals, are you prepare to pay significantly higher taxes to off set the taxes I pay every quarter to support service you use? Are you prepared for you home value to crash. If owners can’t rent, your home just became less valuable. I bet Lincoln County won’t lower your taxes either.
This is one sided because my family never had any money. I had to save for years to have the chance to buy a place on the coast and now you want to punish me for my hard work?
If you moved to a coastal town you should expect vacation rental to ebb and flow. It’s part of the deal. The real bad part is I can’t vote on a issue that the directly affects me.
It’s not about you. Vacation rentals generate barely enough revenue to cover the costs incurred by having them. How about I buy next to your home and rent out to all night parties with guests who throw their garbage on your lawn and puke in your bushes. You wouldn’t like it either.
Email 15neighborhoods@gmail.com for a copy of the “Altering Short Term Rental Dwelling Licensing in Unincorporated Lincoln County” Initiative Petition and a Signature Sheet.
1. Prohibit new STR licenses and license transfers upon sale in low-density residential zones (R-1-A, R-1, and R-2) in Unincorporated Lincoln County,
2. Phase-out existing STR licenses in those zones (R-1-A, R-1, and R-2) over five years, and
3. Reduce the maximum occupancy of STRs to two persons per bedroom, excluding children under two. Current licensing is three persons per bedroom plus two persons “for the house” excluding children under two.
I agree with your statement about those who can’t afford second homes. The problems I see with to many rentals in one area are: many more occupants per unit than allowed, constantly partying (loud conversations at 2 a.m. in the hot tub, slamming the hot tub cover closed), many more vehicles than a single occupancy, many unleashed dogs and trash cans always out. Rental companies need to respect full time residents by telling renters the rules and that not obeying them will result in immediate eviction. At this time full-time owners and second home owners are suffering as opposed to those cash cow owners. The rental companies in their greed (allowing 20 plus occupants) in a 4 bedroom home, not giving renters the rules of the homowners association and stressing noncompliance will result in eviction without reimbursement. This would be a benefit to all. There are enough rentals now and rental companies are running the neighborhood.
I agree. Join us.
Email 15neighborhoods@gmail.com for a copy of the “Altering Short Term Rental Dwelling Licensing in Unincorporated Lincoln County” Initiative Petition and a Signature Sheet.
1. Prohibit new STR licenses and license transfers upon sale in low-density residential zones (R-1-A, R-1, and R-2) in Unincorporated Lincoln County,
2. Phase-out existing STR licenses in those zones (R-1-A, R-1, and R-2) over five years, and
3. Reduce the maximum occupancy of STRs to two persons per bedroom, excluding children under two. Current licensing is three persons per bedroom plus two persons “for the house” excluding children under two.
We now have a webpage where you can download the petition and, most importantly, the signature sheet to sign. 15neighborhoodss.weebly.com
We now have a webpage> 15neighborhoods.weebly.com <where you can download the signature sheet to print, sign (2 places, same date), and mail by regular mail to 15neighborhoods, P.O. Box 390, Depoe Bay 97341.
No email, no scan
Your town is dependent on vacation rentals to meet their annual budget. Unless you’re personally willing to make up the lost tourism revenue in Yachats, you should be appreciative of the money that outsiders bring in. You yourself were a tourist just 10 years ago and now that you live there you want to shut the gate behind you? You’re a tourist complaining about tourism.
George is absolutely right.
You have lived there for 10 years. Think about the people that have lived there for 25. They said the same thing about you when you moved in. If you don’t like it you shouldn’t have move to a place that is supported by tourism.
Ridiculous argument.
Email 15neighborhoods@gmail.com for a copy of the “Altering Short Term Rental Dwelling Licensing in Unincorporated Lincoln County” Initiative Petition and a Signature Sheet.
1. Prohibit new STR licenses and license transfers upon sale in low-density residential zones (R-1-A, R-1, and R-2) in Unincorporated Lincoln County,
2. Phase-out existing STR licenses in those zones (R-1-A, R-1, and R-2) over five years, and
3. Reduce the maximum occupancy of STRs to two persons per bedroom, excluding children under two. Current licensing is three persons per bedroom plus two persons “for the house” excluding children under two.
I recently read this quote, and I believe it is very appropriate:
David Harvey: “We are building cities for people to invest in rather than to live in”
Jim, Eric, et al, you have my support. Let me know how I can help. (brewerkev@yahoo.com).
In Yachats, vacation rentals are regulated under business licenses rather than under land use. This situation results in less community influence over the placement and conditions imposed on vacation rentals. For example, a bed & breakfast (basically a supervised vacation rental) is a conditional land use, under our zoning and land use regulations. Acquiring a conditional land use permit requires a public land use hearing, where the neighborhood can influence the decision to approve or not, and impose conditions if approved. Vacation rentals, on the other hand, are not covered under land use at all, so the community has no effective voice in influencing the distribution of, and conditions placed on vacation rentals. Every inch of land in Yachats is regulated under zoning and land use. It is inexplicable that we have 125+ vacation rentals that are not.
Agreed. As Yachats residents, we had considered buying a vacation rental as well, but once we discovered the limits it was game over. Don’t regret it, as we love our little town. Purchased some in Florence instead.
Please contact me to sign the electronic petition.
john, email neighborhoods@gmail.com. we will send you the petition and signature sheet by email, starting july 28. it will also be available for download from our webpage.
I am a resident of Seal Rock and feel the same way.
I am interested in signing the petition and I would also be interested in having one of the yard signs. I live right on 101 so the sign would get lots of exposure.
Hi Margaret, email neighborhoods@gmail.com. We will send you the petition and signature sheet by email, starting July 28. it will also be available for download from our webpage.
We are ordering more signs! The signs cost $10 each. When we get our new order, I’ll post availability on our webpage.
GOOD STORY about the signs. I live in Miroco and almost all homes have a yard sign. One realtor complained to a neighbor who did not have a sign (but opposes STR) that investors don’t want to buy in Miroco because of the hostiity towards STRs. The Realtor said they aren’t showing houses here now.
I’m keeping my yard sign up until the law changes. if we don’t reach 1,454 signatures, I’m still keeping it up because we will continue gathering signatures for the May 2021 Ballot.
We will win if we can get on the Ballot.
To much property is owned and not occupied by out of state people already, we were doing fine without all this! Enough is enough we love the coast and actually grew up there.
Thank you for telling this story. Nice work!
If the county officials know of this: “County officials believe 50-60 more are skirting by without a license – and avoiding paying transient lodging taxes of 10 percent.” Why are they allowing it and why aren’t the doing something about it? I would go so far as to guess there are a lot more than 50 to 60 of these vacation rentals that are not signed up, so not having to pay any of the license fee’s or taxes. I live in a very rural area of Lincoln County and I know of at least four of them in operation. One of them stayed in operation during the shelter in place order. A few of these homes are owned by people that don’t even reside in the state of Oregon. This isn’t right. Please make the petition public when available and I hope it makes it to the ballot.
I have listened to specious allegations about how the short-term rental industry supports my community through tax revenue and jobs.
I am curious to see the economics impacts analysis of STR-related tourism on the central coast. Most of the revenue generated will be in rent. According to the data obtained from the County, only 6% of the owners/investors live in Lincoln County, down from 30 percent 18 months ago. So, 94 percent of the net rent proceeds leaves our county.
And, of course, the “money that outsiders bring in” comes nowhere near the value of the “wealth” that leaves the county when a property is sold. Most American’s “wealth” is the equity in their homes or, in the case short-term rentals, in their investment.
Finally, the 601 short-term rentals licensed in unincorporated Lincoln County equates to 601 fewer homes in the unincorporated county’s housing stock. This does not include the housing loss in the cities. This impacts students, essential workers, retirees, doctors/nurses, teachers, scientists, etc who can’t find affordable homes to rent or buy. The result is that taxpaying residents make up the loss by constructing needed workforce housing. (I wager that the construction jobs pay better, and have better benefits, than the low wage jobs of your this industry.)
A government official told me that more licenses are issued for short-term rentals than permits for new construction in Lincoln County. Let that sink in.
I say let’s limit short-term rentals to the tourist-commercial zones alongside with motels and bed and breakfasts. It might require some new construction, but that would put more people to work at better jobs than this Industry otherwise would.
Let’s be honest. My taxes support you, not vice versa. If I didn’t let you operate a business in my already built residential neighborhood, you would be paying thousands of dollars for permits to build homes in tourist commercial zones.
Short-term rental investors … stay in your zone, and I’ll stay in mine.
In one short year since we bought a home in Bella Beach, the decline in the neighborhood is deplorable. We have been wanting to buy in Bella Beach, our retirement home because it was a quiet very well kept neighborhood. Yes, it got “busy” in the summer but people were respectful.
Come June 2020 and the beaches “opened” (COVID), we are appalled by what is happening around us. We knew there were rental homes here, and didn’t mind because we were assured that the homeowners association board and property management had it under control.
Since we bought, Bella Beach’s property management is gone. All the rules are being blatantly broken: multiple dogs off leash, homes rented to huge groups of 12 to 20+ people (even huge youth groups in one house). They party in the hot tubs and run the streets, yelling and screaming after 2 a.m.
We do call the Lincoln County Sheriff.
None are wearing masks and they congregate at the only beach stairs so, we don’t go anywhere near them. We live here and can’t use our beach access. Meredith is not honoring the 24 hour rule between renters. These are not families (even extended) coming to the beach together. They are mostly just huge mixed groups of people, each spending $20 a night to party at a big beach house right on the beach.
Can’t afford a beach house? Get an RV and camp! We did for years.
I love the mans comment: How would you like me to buy the house next door to you and rent it to huge groups to party all night and puke on your lawn?
We need compromise. No more new rental licenses; catch the people renting that have no license; limit the number of renters and cars and enforce it. Enforce quiet times. Dogs must be on leashes at all times and doggie messes must be removed immediately. Enforce the “three strikes and you are out” and your license pulled.
Homes rented to 24+ people will have 6-8 cars parked in spaces and on the streets. Garbage cans are now left out the back of beach rentals for renters use, but Meredith doesn’t remove the trash weekly.
The three homes near us that are full time short term vacation rentals are in total disrepair. Renters are trashing them (broken blinds, beer and wine bottles all over the decks, screens pushed out so they can sit in the windowsills. Really? Would you like that happening next door to your house?
The nice families, kids and grandparents, are very respectful of the homeowners and willing to follow the rules. They like this development because of its family safe feel. But it is changing drastically and that must be stopped. It has already lowered everyone’s property value and the area is becoming undesirable for year around living. We can work this out
only if we will respect each other and respect each other’s property.
Rental property managers have brought this on yourselves. You are looking the other way.
I will fight along with all the other full-time homeowners to bring this initiative to fruition. Or, be forced to sell and move to a gated community that allows no rentals.
And just let beautiful Bella Beach become further degraded as has happened to many other little coastal communities.
The 24 Hour COVID Pause was renewed and is still in effect. The County is taking it very seriously. I called the Sheriff NonEmergency Line and a Deputy took a Report. He contacted the STR Licensing Program and the Director called me. I asked these questions:
1. Meredith (Bella Beach) and Sweet Home (Miroco) are violating the 24 Hour COVID Pause Order. Have you notified the big management firms?
2. What do neighbors do when they see a violation?
3. What is the penalty?
This is the Sheriff’s STR Licensing Office’s Answer:
“The big management firms were notified at the same time as the regular owners, because several of them submitted the reopening plans on behalf of their client(s).
“The Sheriff’s Office has no way to easily enforce the 24-hour hold prior to cleaning. Enforcement action under LCC Chapter 10 requires us to prove (observe) cleaning people are in the residence before the 24-hour period has lapsed from the prior renters vacating. Enforcement action cannot be based on a neighbor’s statements after the fact. To date, we have primarily been educating owners and property management companies when we receive complaints on specific homes.
“If someone believes there is a violation, they should contact our office 541-265-0675 when they observe the cleaning people at the residence. If they contact us after the fact, we will email the owner and local contact of the complaint with the specific allegations.”
Lisa Combs
Lincoln County Sheriff’s Office
Support Services Director
Phone 541-265-0660 | Fax 541-265-4917
http://www.lincolncountysheriff.net
225 W. Olive St. Newport, OR 97365
MY ADVICE: Do what Lisa says. The County is taking this very seriously. The number Lisa gave is the Office Number, M-F. If you observe a violation on the weekend, call the Sheriff’s Non-emergency numbers: 1 (541) 265-4321 or (541) 265-0777.
I wonder how many people know the COVID order was extended until August 20?
15neighborhoods has an excel spreadsheet provided by the Lincoln County Sheriff’s Office with the addresses and licensed occupancies of all STRs in unincorporated Lincoln County. We also have one with the names and addresses of owners and local contacts, also from the Lincoln County Sheriff.
Email 15neighborhoods@gmail.com for a free copy of either or both.
In reading the comments I am struck with all of the problems.
In my neighborhoods, we file STR Complaints. It is done on line: https://www.co.lincoln.or.us/sheriff/webform/short-term-rental-complaint-form
I think the County Sheriff’s Department is responsive. The problem is that the compliance/enforcement process doesn’t hit the Owners and the Property Management firms where it hurts: In their checking accounts. Assess fines against both the Owner and the Local Contact.
But even improving Operating Standards such as Enforcement doesn’t address the fundamental problem which is that STRs are businesses and should never have been licensed in the Unincorporated County’s Residential Zones. Lincoln County has licensed away the property rights of full-time renters and owners in Residential Zones.
I live in the Roads End area of Lincoln City. It is a story that goes back much farther than the 15 years we have had the vacation rentals. This area was once an oasis from Lincoln City. Now living here is a horror. I have all the complaints people have. Parties, hot tubs, strangers using my driveway as a shortcut to the beach, noise all night. It goes on and on. I am very sorry I have invested here for a home. I have very few actual neighbors. I am surrounded by rentals, including several that are marketed for 18-24 people. Please try to control the rentals if you can.