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(A) License Must Be Obtained.

(1) An operating license shall be obtained and renewed as required in this section. The permission to operate a short-term rental in the City of Nehalem shall be revoked for failure to obtain or renew a license to operate as provided in this subchapter.

(B) Location and Density.

(1) General Provisions. Short-term rental units are allowed in any residential or mixed-use structure as long as said short-term rental(s) does not entail the conversion of an existing commercial use to a residential use.

(2) Location. No short-term rental unit can be located within a 150-foot radius of another short-term rental. This distance is measured by a 150-foot radius radiating from the center of a property lot containing an existing short-term rental. A short-term rental is prohibited if any portion of a parcel is located within the 150-foot radius.

(3) Location Exceptions.

(a) Permitted short-term rentals existing at the time of adoption of this subchapter are excluded from the location provisions in division (B)(2), above.

(b) Lawfully established houseboats are excluded from the location provisions in division (B)(2), above.

(C) Application and Renewal Application Process.

(1) Existing Short-Term Rentals. Existing short-term rentals may continue to operate until such time as the City has approved or denied the application. If approved, the license may be renewed annually thereafter in accordance with division (D), below. If denied, operation of the short-term rental must cease within 30 days of the date of denial.. Failure to submit an application as required by this section may result in the loss of all non-conforming use status, such as location exception.

(2) New Short-term Rentals. A license shall be obtained before beginning operations. A completed operating license application and fee may be submitted and issued at any time. The license may be renewed annually thereafter in accordance with division (D), below.

(D) Renewal Standards.

(1) Operating licenses may be renewed by the licensee annually.

(2) The City will review an application for operating license renewal and issue a renewal provided all the standards in this chapter continue to be met. If not met, the City will not renew the operating license and the property shall not be used as a short-term rental.

(E) A decision on an operating license application or renewal may be appealed as provided in § 116.12 of this chapter. (Ord. 2023-02, passed 02/13/2023)