City of Yachats Land Use Information Sheet Index Yachats Municipal Code

Conditional Use Information for Bed and Breakfast Inns

A Bed and Breakfast Inn may be permitted as a conditional use in all zones within the City Limits.

In addition to the conditions and procedures for any conditional use the following standards are applicable:

• A Bed and Breakfast facility must be in a one-family dwelling.
• A maximum of five bedrooms may be rented.
• The facility shall be the residence of the operator, who is the owner or lease holder of the building.
• A resident, relief manager may be employed for no more than five months per year, unless approved by the Planning Commission.
• Rooms may not be rented for more than seven consecutive days, and no more than fifteen days per person in any thirty-day period.
• The exterior of the building shall maintain a residential appearance.
• A morning meal must be served on premises and included within the room charge for guests of the facility and shall be the only meal provided.
• The facility must meet applicable County and State health, safety (including but not limited to the Uniform Building Code requirements concerning maximum occupancy) and liability requirements.
• An externally illuminated sign will be permitted on premises with a maximum area of three square feet, subject to approval by the Planning Commission. (sign permit form)
• One off-street parking space will be required for each rented bedroom, in addition to the number of spaces required for each dwelling unit.
• A conditional use permit approved for a Bed and Breakfast facility will be reviewed by the City Planner at the end of each calendar year and the permit renewed for an additional year if permit conditions have been met. There is no additional fee for the annual review. The permit may be withdrawn by the Planning Commission if it is determined the conditions of the permit have been violated after reviewing written complaints and the staff report. The owner will be notified by the City in writing, allowing the owner to appear and show cause why the conditional use permit should not be withdrawn.

As per City Code, a Room Tax of 6% is paid by the person renting the room, is collected by the operator of the facility, and then forwarded quarterly to the City. The tax will be applied to the amount for the room rental, excluding the amount determined to be for the meal. The tax returns will be mailed by the City to each facility at the end of the quarter. The owner is permitted to retain 7½% of the taxes collected to defray the costs of collection.

A provider of transient lodgings must register with the City office, and a card will be issued certifying that the facility is authorized to collect the room tax.

A City Business License is required.

General Information on Conditional Use Permits

A conditional use requires a public hearing before the Planning Commission. The applications are subjected to individual examination to ensure the use complies with standards established by the Zoning and Land Use Ordinance.

A conditional use permit is a modification from the provisions of a zoning ordinance granted by the Planning Commission for a use not permitted outright for that zone. Because some uses may be allowed as a conditional use in one zone, but not in another it is important you review the ordinance before you begin the application process.

In addition to the standards and requirements expressly specified by the ordinance, the Planning Commission may impose additional conditions which are considered necessary to protect the best interests of the neighborhood and the surrounding city as a whole. These conditions may include increasing the number of off-street parking spaces; fencing requirements; regulation of noise, vibration, odors, and sightliness; regulation of hours of operation and duration of use or operation; or controlling the location and number of vehicle access points.

To apply, submit a completed application and the appropriate filing fee.

If the application is determined to be complete, the request is placed on the agenda of the Planning Commission within forty (40) days from the filing. A staff report is prepared which details the request and evaluates it against the criteria as listed in the ordinance.

NOTE: It is the responsibility of the applicant to address the criteria in the application. An application that does not address applicable criteria will be deemed incomplete and returned to the applicant. If an application for a permit is incomplete, the City shall notify the applicant of the additional information required within 30 days of the receipt of the application. The applicant shall be given an opportunity to submit the additional information. The application shall be deemed complete upon receipt of the additional information required. Refusal by the applicant to submit the required additional information shall deem the application complete on the 45th day after the governing body first received the application.

Prior to the hearing written notice is sent to property owners within 250 feet of the subject property, informing them of the nature of the application and the time and place of the hearing.

At the hearing: At the meeting of the Planning Commission the staff report is presented and the Commission hears testimony (oral and/or written) from proponents and opponents of the request. Upon conclusion of the hearing, the Planning Commission deliberates and may approve or deny the request, based on findings which address applicable criteria.

Appeals: The decision of the Planning Commission is appealable to the City Council within 15 days of the effective date of the decision. Appeal forms are available from, and are submitted to, the City Recorder. The appeal fee is 75% of the original conditional use fee.

Notes:

The City shall take final action on an application for a conditional use request within 120 days after the application is deemed complete. This 120 day period may be extended for a reasonable period of time at the request of the applicant.

The Planning Commission or City Council may continue a hearing in order to obtain additional information or to serve further notice upon other property owners it decides may be interested in the proposal being considered. Upon continuing the hearing, the time and date when the hearing is to be resumed shall be announced.

Unless there is a continuance, if a participant so requests before the conclusion of the first evidentiary hearing on a land use action, the record shall remain open for a least seven days after the hearing. Whenever the record of a land use hearing is reopened to admit new evidence or testimony, any person may raise new issues which relate to the new evidence, testimony, or criteria for decision-making which apply to the matter at issue. This extension of time shall not be counted as part of the 120 day time limit.

To review Code see Section 9.72

Bed and Breakfast Application

City of Yachats Land Use Information Sheet Index Yachats Municipal Code