Conditional Use Permits Required for Vacation Rentals
By Geri Guinn
According to the county, there are approximately twenty illegally operating vacation rentals in service at Diamond Lake. A vacation rental is different from a month-to-month rental. A vacation rental is a residence that is rented for weekends, or weeks or even just a day at a time. It is actually a commercial enterprise; and thus it must be permitted, licensed and pay appropriate taxes. With a few exceptions, Pend Oreille County is zoned as rural residential. In order to establish a commercial enterprise in a rural residential area a conditional use permit (CUP) must be obtained.
In 2009, it was brought to the attention of the Diamond Lake Improvement Association (DLIA) Board of Directors that illegal construction projects and businesses were going in on the lake. It was noted that for several years building projects around the lake were constructed with total disregard to proper building permits and required setbacks. In June, 2009, DLIA sent a letter of concern to the County Commissioners. DLIA received no response. During that summer illegal construction and operating vacation rentals continued. One obvious violation was a shed constructed within 25 feet of the high water of the lake. After many citizens wrote letters of complaint to the county, the building was red-tagged, a stop work order issued. When the building was 75% complete the owners applied for a permit. Many lake residents objected to the illegal building and eventually the owner’s request for a permit was denied and they were required to remove the building. One illegal building was addressed, but many more were up and running, even being rented out as vacation rentals. This was brought to the attention of the residents of DL in the July, 2009 issue, page 4, Dear Dr. Diamond, and page 6, PO County Development Requirements for DL by Mike Lithgow, Community Development Director.
In October, 2009 a CUP application for vacation rental was submitted. After application to the Community Development Department the procedure is: notice, publication and then to the planning commissioners. The commissioners are a board of nine residents of PO County, three from each district, who volunteer to hear and help in development of the planning issues of the county and make decisions on the permits requested. The commissioners approved the vacation rental CUP. One commissioner, who is a resident of DL, resigned his position on the commission as a result.
At the DLIA board meeting the approval of the vacation rental was discussed and the board unanimously decided to file an appeal to the county, opposing the approval, requesting additional more stringent requirements. A special meeting of the DLIA board was called in which Mike Lithgow (director of Community Development Department) was present for questions. The board followed through with a formal appeal in January. The County Commissioners heard testimony on the appeal by DLIA board members and other residents. In March the County Commissioners upheld the permit with the additional requirements added to the permit.
Meanwhile in December, 2009, another application for setback variances for buildings already illegally constructed was submitted by an already operating vacation rental. After many letters of objection, this application was withdrawn.
In January, 2010, yet another application for a CUP for a vacation rental was submitted. The County put a moratorium on CUPS so that the departments involved can look into the situation more thoroughly and develop requirements. In March the moratorium was removed. Although these permits fall under the County Development Regulations, each will be examined and permitted or denied on a case by case basis.
For more information go to www.pendoreilleco.org cursor to County Services; click on Community Development; on the right see Planning Quick links; for facts on development regulations.
If you know of a commercial business, like a vacation rental, operating here at Diamond Lake without the proper permit, be sure to contact the Community Development Department. If you are worried about being a tattle-tale neighbor, don’t, your report can remain anonymous.