The rules and regulations and process contained within this chapter shall be known as the SHORT TERM RENTAL ORDINANCE. (Ord. 17-18, 8-8-2017)

The following words and phrases shall have the definitions and meanings set forth below. If any words or phrases are defined elsewhere in this Code, and there is a contradiction as to their meaning, the definitions set forth in this section shall control this chapter.

APPLICATION: The application for a short term rental shall be a conditional use permit for a short term rental.

COMPLETE APPLICATION: An application that has satisfied all of the submittal requirements set forth in this chapter and otherwise complies with all of the criteria required for the issuance of a short term rental conditional use permit.

FLOOR PLAN: A level by level plan of the rental property with labeling of all enclosed spaces within the structure and dimensions, including, without limitation, all sleeping areas.

GUESTROOM: A room which is designed for occupancy by one (1) or more guests for sleeping purposes, but having no cooking facilities and not including dormitories.

NIGHTLY/SHORT TERM RENTAL: The rental of a dwelling unit or a portion thereof for less than thirty (30) days to a single person. Nightly rental does not include the use of a dwelling for commercial uses.

OWNER: The owner of record, recorded in the Daggett County Recorder's Office, of the residence for which a short term rental conditional use permit is sought or has been issued to. The owner may be a person or any form of business entity recognized by the State of Utah. If the owner is a form of business entity, the business entity shall maintain current registration with the Utah Department of Commerce.

PARKING SPACE: An area with a width of not less than nine feet (9') and a length of not less than eighteen feet (18') located within the designated garages, or on impermeable surfaces such as asphalt, concrete or gravel.

PROPERTY MANAGEMENT COMPANY: The owner's agent for renting the property, if any.

PROPERTY OR SHORT TERM RENTAL PROPERTY: All such residences or dwelling units used for short term rental purposes.

SLEEPING AREA: Any room that has a bed, bunk beds, daybed or other furniture for sleeping, including, and without limitation, a pull out couch or futon. To be a valid sleeping area, the sleeping area shall have appropriate exits, ceiling heights and windows. A sleeping area shall require a minimum of one hundred (100) square feet of floor space.

TRANSIENT: Occupancy of a dwelling unit or sleeping unit for not more than thirty (30) days.

USE WITH CRITERIA: The land use approval process contained in the Daggett County ordinances; provided, however, if there are any conflicts, contradictions or differences between the process and requirements set out in the County ordinances and the process and requirements set out in this chapter, the terms and conditions in this chapter shall control.

VALID OBJECTION: An objection based on:

   A.   The owner's objective failure to file a complete application; or

   B.   The owner's failure to meet any of the required criteria for the issuance of a short term rental conditional use permit. (Ord. 17-18, 8-8-2017)

It shall be unlawful for any person to rent for less than thirty (30) days a residence without possessing and maintaining a conditional use permit as required by this chapter. For this chapter, the word permit shall mean the same as conditional use permit. Only the owner(s), as defined in section 8-15-2 of this chapter, shall be allowed to hold a permit. A residence providing short term rentals, when allowed as a conditional use, shall be approved only in accordance with this title, and the conditions for this use as stated in this chapter.

   A.   Term Of Permit: All permits issued for short term rentals shall be good for one (1) year from the date of issue and must be renewed annually.

   B.   Additional Permits Not Permitted: The owner of a single- family dwelling for which a short term rental permit is sought shall not hold a permit to operate another short term rental unit within the County boundaries.

   C.   Issuance To Owner: Conditional use permits shall only be issued to the owner(s) of the property.

   D.   Maintenance: Each owner and his agent renting or leasing a short term residential rental unit shall maintain that unit in a condition fit for human habitation and in accordance with this chapter and the rules of the Tri-County Health Department. Each short term residential rental unit shall have electrical systems, heating, sanitation plumbing, and hot and cold water.

   E.   Safety Inspection; Fees: Each unit shall pass a safety inspection by the County building inspector and pay the appropriate fees for said inspection.

   F.   Sale Or Transfer Of Property: In the event of a sale or other transfer of any property containing a permit as a short term rental unit, the purchaser or transferee of the property shall be required to apply for a new license within forty five (45) days of the date of purchase or transfer. In the event that the purchaser or transferee fails to apply for a new license within said forty five (45) days, the conditional use permit will be forfeited and the owner must reapply for a short term conditional use permit.

   G.   Register Of Guests Required: Each short term residential rental property owner shall keep a register of guests. Such registration or list shall include the names and addresses of all guests and be available for inspection by the building inspector or law enforcement at any time.

   H.   Homeowners' Associations: Owners must comply with all Homeowners' Association (HOA) Rules and Regulations. If short term rentals are not allowed, then said HOA rules shall apply.

   I.   Zones Permitted: Short term rental units are a conditional use in MU-40, MU-80, MU-160, AG-20, AG-40 and RR-10 Zones. (Ord. 17-18, 8-8-2017)

   A.   Application Required; Fees: The application for a conditional use permit for short term rental of residential property must be filled out completely and all required fees paid before the application will be considered.

   B.   Conditions For Approval Stated On Application: The conditions for approval will be questioned on application and must be met in order to be considered for a conditional use permit.

   C.   Initial Safety Inspection; Fees: An initial safety inspection of the property by the building inspector shall be a part of this application. Said safety inspection must be completed and applicable fees for said inspection must be paid before the application can be considered.

   D.   Proof Of Ownership: Proof of ownership for said unit.

   E.   Unit Insurance: Proof of valid insurance for each unit being licensed for short term rentals.

   F.   Liability Insurance: Proof of valid liability insurance for the following: owner, property management company or any other entity.

   G.   Floor, Site Plans: Floor plan and site plan, including the parking area with each parking space mapped out, drawn to scale with dimensions.

   H.   Zone, Address: Zone designation and street address for each unit.

   I.   Business License: A County business license is required.

   J.   State Tax Number: The application must include a valid State tax number for remittance of transient lodging taxes.

   K.   Acknowledgment: A signed acknowledgment on the application, that the owner, property management company and/or owner's agent, if any, have read all of the County's regulations and ordinances pertaining to the operation of a short term rental.

   L.   Certification: The owner shall sign the application certifying the accuracy of the information submitted and agreeing to comply with all regulations. If there is a property management company or other agent of the owner managing the short term rental, the agent or authorized officer of the property management company, or both, shall also sign the application certifying the accuracy of the information submitted and agreeing to comply with all regulations. (Ord. 17-18, 8-8-2017)

   A.   Business License Required; Taxes: A County business license shall be obtained before occupancy and after approval of the conditional use permit. Sales and transient room taxes must be collected and remitted to the proper authority.

   B.   Occupancy: No more than four (4) occupants per room shall be allowed, and total occupants of the dwelling cannot exceed the number allowed by the International Building Code.

   C.   Fire Escape Plan: A fire escape plan shall be developed in accordance with the International Residential Code.

   D.   Passage Of Safety Inspection: Passage of safety inspection by the County building inspector.

   E.   Notification To Guests: A notification to guests shall be prepared and shall contain the residence rules and the fact that the residence is being rented under a conditional use permit that may be revoked if guest actions lead to complaints from neighbors of the residence.

   F.   Notification To Real Property Owners: Upon receipt of a completed short term residential conditional use permit application, the Planning Commission shall notify all persons with real property within three hundred feet (300') of the proposed short term residential rental unit location.

   G.   Denial With Valid Objections: The application may be denied by the Planning Commission with valid objections.

   H.   Public Hearing: No public hearing need be held; however, a hearing may be held when the Planning Commission shall deem a hearing to be necessary and in the public interest.

      1.   The Planning Commission may hold the hearing.

      2.   The Planning Commission shall have a record of the hearing, together with a report of findings and recommendations relative thereto, for its consideration of the proposed conditional uses.

      3.   Such hearing, if deemed necessary, shall be held not more than sixty (60) days from the date of the application. The particular time and place shall be established by the Planning Commission.

      4.   The Planning Commission shall publish a notice of hearing in a newspaper of general circulation in the County not less than ten (10) days prior to date of said hearing. Failure of property owners to receive notice of said hearing shall in no way affect the validity of action taken. (Ord. 17-18, 8-8-2017)

The owner of any property permitted as a short term rental unit shall provide off street parking for the guests in accordance with the following:

   A.   Generally: Required parking areas and access to parking areas shall be maintained and available for use at all times. All vehicles belonging to overnight occupants shall be parked on the property and shall not be parked on any adjacent property, street or public rights-of-way. Vehicles, including all motorized vehicles and such vehicles' trailers, RVs, boats, motorhomes, etc., shall be parked in a designated parking area. Each trailer parked at a licensed property shall be considered a vehicle.

   B.   Number Required:

      1.   Parking shall be provided, at a minimum, of one (1) vehicle per bedroom. Tandem spaces on a driveway may be used.

      2.   The number of vehicles allowed by the occupants of a short term rental home shall be restricted to the number of parking spaces provided by the owner.

   C.   Spaces Available; Obstructions: All parking spaces shown on site plan shall be available for parking and shall not be blocked or otherwise unavailable due to storage of materials or for any other reasons. Snow shall be removed as outlined in State and local codes. (Ord. 17-18, 8-8-2017)

Any property that contains a dwelling which is permitted as a short term rental shall conform to the following standards:

   A.   Requirements Generally: Structures shall be properly maintained, painted and kept in good repair, and grounds and landscaped areas shall be properly maintained and grass watered in order that the use in no way detracts from the general appearance of the neighborhood;

   B.   Appearance Of Dwelling: The use of a dwelling as a short term rental does not in any way change the appearance of the dwelling or property for residential purposes;

   C.   Residential Code Applicability: Each sleeping room must meet the current International Residential Code for egress and be equipped with smoke and CO detectors; and

   D.   Trash: Trash collection which ensures that trash containers are not left at the curb for any period in excess of twenty four (24) hours and the property must be kept free of all accumulated garbage, refuse and weeds. All large boxes must be collapsed and trash bagged and placed in the appropriate receptacles. (Ord. 17-18, 8-8-2017)

The owner of any dwelling permitted as a short term rental property shall be responsible to ensure that guests or occupants of the short term rental do not:

   A.   Noise: Create noises that by reason of time, nature or intensity of duration are out of character with noises customarily heard in the surrounding residential neighborhood.

   B.   Privacy: Interfere with the privacy of surrounding residents or trespass onto surrounding residential properties.

   C.   Pets, Animals: Allow pets or animals to create noise, roam the streets, trespass on neighboring properties or create a mess that is not cleaned up by the owner or custodian of the pet or animal.

   D.   Disorderly, Illegal Conduct: Engage in any disorderly or illegal conduct, including illegal consumption of drugs and alcohol.

   E.   Exceed Occupancy: Occupancy beyond the specified number allowed in the permit.

   F.   Outdoor Sleeping: Outdoor sleeping of individuals, which exceeds the occupancy permitted.

   G.   Sales Of Alcohol: No alcoholic beverages shall be sold on the premises.

   H.   Cooking In Guestrooms: No cooking facilities shall be allowed in guestrooms.

   I.   Signs: All signs shall be in accordance with County ordinances. (Ord. 17-18, 8-8-2017)

The following information must be posted in a clear, concise and unambiguous manner and in a conspicuous location inside any dwelling permitted as a short term rental unit:

   A.   Business License: A copy of the rental unit business license;

   B.   Conditional Use Permit: A copy of the conditional use permit;

   C.   Owner, Property Manager Information: The name, address, and phone number of the owner or property manager;

   D.   Fire Extinguishers Location: The location of all fire extinguishers;

   E.   Fire Escape Plan: A fire escape plan shall be developed and graphically displayed in each guestroom;

   F.   List Of Rules: A list of all rules applicable for short term rental property;

   G.   Maximum Occupancy: The maximum occupancy of the short term rental property and the maximum number of vehicles allowed;

   H.   Nameplate Sign: One (1) nameplate sign not to exceed twelve inches by eighteen inches (12" x 18") made of durable weather resistant material containing the name and telephone number of the owner or the owner's designated agent, as defined herein, who will be responsible for receiving and resolving complaints regarding activities on the property and the conduct of its occupants and guests, who can be contacted twenty four (24) hours a day, shall be permanently and conspicuously attached to the building near the front entrance. Such nameplate shall not contain any advertising. (Ord. 17-18, 8-8-2017)

The following rules and regulations shall apply to any dwelling for which a short term rental property conditional use permit has been issued:

   A.   Requested Information To Personnel; Complaints: The owner or property manager shall provide information on current occupants to police, emergency, City or County personnel as requested. The owner or other person designated as the property manager shall respond to complaints and concerns within one (1) hour of any phone call or other notification. Failure of the owner or property manager to respond in a timely manner may result in a violation and possible fines to the conditional use permit holder and property owner.

   B.   Effect Of Requirements: The requirements of this section shall be in effect throughout the time a short term rental property conditional use permit is in effect on the property, regardless of whether the property is occupied by the owner, nonpaying guest of the owner or paying guests of the owner. The County finds that, given the practical difficulty of determining whether or not the occupants are paying guests, enforcement of the requirements contained in this section shall be based on whether the property is permitted as a short term rental unit.

   C.   Inspections: An inspection of a short term rental property for compliance with these regulations will be performed at the time of conditional use permit review. Additional inspections may be performed with a twenty four (24) hour notice to the permit holder/property manager if deemed necessary by the County.

   D.   Collection Of Taxes: The owner of any dwelling licensed as a short term rental property shall be required to collect and remit on a timely basis transient lodging taxes. (Ord. 17-18, 8-8-2017)

   A.   Business License: A copy of the current County business license shall be included with the conditional use permit renewal application.

   B.   Taxes: Sales taxes and transient room taxes must have been collected and remitted in a timely manner to the proper authorities.

   C.   Complaints: Documented complaints must be minimal and must have been successfully addressed by the owner in a timely manner. Original complaints should be reported and/or documented to the owner at the time of violation using the County form available from the Planning Commission. A copy must be submitted to the Planning Commission within thirty (30) days by the aggrieved party. In the case of a complaint involving immediate health or safety concerns, 911 should be called before contacting the owner. Recurring and/or unresolved complaints could instigate an investigation and/or revocation of the conditional use permit.

   D.   List Maintained: Owner must maintain a list of rental dates, renters and their addresses.

   E.   Annual Application; Time For Submittal: Applications for renewal are due annually and must be submitted two (2) months prior to expiration. No property shall be rented on a short term basis without a current conditional use permit.

   F.   Compliance; Inspection: The short term residential rental unit shall meet all conditions of this chapter and other applicable ordinances and laws. There shall be an initial inspection of the premises by the County building inspector and one (1) follow up if necessary.

   G.   Exception: The Planning Commission may deem it unnecessary for the owner of the short term rental property to renew the conditional use permit if all ordinances, rules and regulations have been complied with and there have been no complaints filed against said property for a period of two (2) consecutive years. All other regulations must be complied with on an annual basis. (Ord. 17-18, 8-8-2017)

   A.   Public Meeting: If there is cause to believe that grounds exist for revocation or modification of an approved conditional use permit for a short term rental, the Planning Commission shall hold a public meeting and question of modification or revocation of a conditional use permit granted under the terms and the provisions of this chapter.

   B.   Findings, Conditions: A conditional use permit may be modified or revoked if the Planning Commission finds that one (1) or more of the following conditions exist:

      1.   The conditional use permit was obtained in a fraudulent manner.

      2.   The use which the conditional use permit was granted has now ceased for at least twelve (12) consecutive calendar months.

      3.   One (1) or more of the conditions of the conditional use permit have not been met.

      4.   Upon discovery of an immediate health hazard to renters, the Code Enforcement Officer can suspend the short term rental conditional use permit until the hazard has remedied and the property has been inspected.

   C.   Nuisance: Additionally, the Planning Commission, without the consent of the owner, may modify the conditions under which a conditional use permit was originally approved, if the Planning Commission finds that the use or related development constitutes or is creating a demonstrated nuisance. (Ord. 17-18, 8-8-2017)

   A.   Misdemeanor: Any owner of any dwelling in a residential, rural or agriculture zone within the County who allows or permits occupation of said dwelling as a short term rental, as defined herein, without having first obtained a business license and a conditional use permit in accordance with the provisions of this chapter, shall be guilty of a Class C misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this Code. Every violator shall be deemed guilty of a separate offense for each day such violation is permitted to exist after official notice has been given.

   B.   Separate Offense: Violation of any provision of this chapter regulating short term rental unit shall constitute a separate offense for each day said violation occurs or continues.

   C.   Guest Violators: Any person who occupies a short term rental property as a guest and who violates any local ordinance or State law shall be subject to arrest, issuance of a citation or other criminal process in accordance with all State, Federal or local statutes, rules or ordinances.

   D.   Multiple Violations; Revocation: In the event of three (3) or more violations of this chapter are committed by any owner or guest, or any combination of the two (2), within any twelve (12) month period, the Planning Commission may, depending on the nature or extent of the violation, proceed with revocation of the conditional use permit for any short term rental unit in accordance with the provisions of the conditional use permit legislation and this chapter.

   E.   Imposition: The procedures for imposition of penalties for violations shall be as per section 8-3-8, "Violations And Penalty", of this title. (Ord. 17-18, 8-8-2017)