Naples City Zoning Code
CHAPTER 17
70 SHORT-TERM RENTALS
§ 17.70.010 Purpose.
The purpose of this chapter is to establish regulations for privately owned dwelling units as short-term rentals in residential zones within Naples City. These regulations aim to protect the quality of life for local residents, preserve the characteristics of residential neighborhoods, ensure proper collection and remittance of transient room taxes and appropriate sales and use taxes and to address negative impacts relating to noise, parking, traffic, garbage and other common occurrences resulting from short-term rentals.
(Ord. 24-259, 2024)
§ 17.70.020 Definitions.
means a self-contained residential unit located on the same lot as a single-family dwelling. ADUs are secondary to the primary residence and may be attached to, detached from, or located within the primary structure.
is an outdoor recreational facility or area designed and equipped to accommodate temporary or short-term stays by individuals or groups in tents, RVs, or other types of temporary shelter. Campgrounds may offer amenities such as restroom facilities, fire pits, picnic tables, and recreational activities.
means the person designated by the owner or the manager, for the purpose of:
refers to a form of outdoor accommodation that combines elements of camping with luxury amenities and accommodations. It typically involves staying in upscale tents, yurts, cabins, or other stylish and comfortable structures equipped with modern conveniences such as electricity, plumbing, and furnishings.
refers to a secondary residential unit located within the primary structure of a single-family dwelling. It may include a basement apartment, attic conversion, or separate living space within the main house.
means the owner of the short-term rental unit or the owner's authorized agent or representative.
means a residential building or structure designed to accommodate more than one family or household. It consists of multiple dwelling units within the same building or complex, with each unit typically having its own entrance and living space.
means the person(s) or entity that holds legal and/or equitable title to a dwelling unit being operated, legally or not, as a short-term rental.
means a designated area where individuals or families can park their recreational vehicles for a short-term stay.
means:
A dwelling unit, or any portion thereof, being used for transient accommodation purposes, including but not limited to RV parks, single-family dwellings, multiple-family dwellings, accessory dwelling units (ADUs), internal accessory dwelling units (IDUs), campgrounds, glamping units or any other dwelling unit for a period for 30 or less consecutive days; or
A dwelling unit that:
Is listed on any accommodation website including but not limited to Airbnb, Vrbo, HomeAway, Trip Advisor, etc.;
Has (or should have) an approved Naples City business license and conditional use permit, if applicable, for a short-term rental; or
Pays (or should pay) applicable sales and use and transient room taxes for the short-term rental, is hereby considered a short-term rental and shall be subject to the regulations set forth in this chapter, even if the short-term rental is rented out for a period longer than 30 days.
means a residential structure designed and intended for occupancy by one family or household. It typically consists of one dwelling unit that is not attached to any other residential structures.
means occupancy of a dwelling unit for not more than 30 days.
(Ord. 24-259, 2024)
§ 17.70.030 Operational requirements.
(1)
It is unlawful for any person to keep, conduct, operate, or maintain a short-term rental within the city without obtaining a business license. A business license is required when an owner or manager is operating a short-term rental as defined in the definitions section of this chapter and will follow NCC Title 5, Business Licenses and Regulations. Short-term rentals shall be a permitted use in any zone where the dwelling unit operated as a typical dwelling unit has previously been approved.
(3)
Short-term rentals must have management which shall be available at all times to respond to complaints or issues related to the stay. A phone number for management must be posted within each rental unit and given to the city with the business license application. Management shall inform the city if the contact phone number is updated.
(4)
The owner or manager of any short-term rental shall ensure occupants of the short-term rental do not:
(a)
Create noises that by reason of time, nature, intensity, or duration are out of character with noises customarily heard in the surrounding areas;
(b)
Disturb the peace of surrounding properties by shouting, fighting, playing of loud music, racing of cars or recreational vehicles on streets or engaging in outside recreational or other activities after 10:00 p.m. and before 8:00 a.m.;
(c)
Interfere with the privacy of, or trespass onto surrounding properties; and
(d)
Allow pets or animals to create incessant noise, roam the streets without an owner present, trespass on neighboring properties or create any type of mess that is not cleaned up by the owner of the pet or animal.
(5)
The transient room tax shall be levied at the same time and collected in the same manner as provided in U.C.A. Title 59, Chapter 12, Part 2, Local Sales and Use Tax Act. As such, the Utah State Tax Commission shall collect and administer the tax imposed hereby. Violation or avoidance of payment of the tax imposed hereby shall subject the violator to penalties as provided in NCC Title 5, Business Licenses and Regulations, as well as to any penalties fixed and administered by the Utah State Tax Commission pursuant to its statutory powers.
(Ord. 24-259, 2024)
§ 17.70.040 Property requirements.
(1)
Each short-term rental shall comply and cooperate with any fire, land use, code enforcement, building, health, or other inspection conducted by municipal officials, with or without notice. Each short-term rental unit shall be inspected by the fire marshal or their representative each year prior to the renewal of the business license for the short-term rental.
(2)
Each short-term rental unit shall have at least one operable fire extinguisher.
(a)
Compliance to applicable IRC construction codes, zoning requirements, local and state health department requirements, any applicable fire code requirements and the requirements of any other applicable codes and/or ordinances adopted by the city.
(3)
Trash shall not be left stored within public view, except in proper containers for the purpose of collection by an authorized waste hauler on scheduled trash collection days.
(4)
In accordance with Chapter 17.185 NCC the owner or manager of any short-term rental shall ensure appropriate off-street parking is provided for its occupants of the short-term rental in accordance with the following:
(a)
Each short-term rental unit must provide off-street parking stalls for the use of patrons. Parking for the short-term rental shall include a minimum of two off-street parking spaces per rental unit and one additional off-street parking space for each rented bedroom beyond two bedrooms.
(b)
Off-street parking shall be provided on the same lot as the dwelling which is licensed as a short-term rental.
(c)
Parking for short-term rentals shall be contained on the site, and shall not be allowed on the public rights-of-way.
(5)
Each short-term rental shall have the following information posted on durable, weather-proof material, in a conspicuous location outside and visible from the public right-of-way accessing any dwelling unit licensed as a short-term rental:
(6)
The following information shall be posted in a conspicuous location inside any dwelling unit licensed as a short-term rental:
(a)
A copy of the short-term rental business license;
(b)
The name and phone number of the owner, contact person or manager and local emergency contact information;
(c)
The location of all fire extinguishers and emergency exits;
(d)
A map showing property boundaries and parking spaces;
(e)
The maximum occupancy of the dwelling unit (as determined by the owner or manager based on the design and furnishings of the home and the IBC/IRC Occupancy Classification and Use) and number of vehicles allowed;
(f)
Trash pick-up day, if applicable, and rules and regulations pertaining to leaving or storing trash on the exterior of the property; and
(g)
A list of all conditions and regulations for the specific short-term rental or property, if applicable.
(Ord. 24-259, 2024)
§ 17.70.050 Penalty and appeal.
(1)
Any person who occupies a short-term rental as a guest and who violates any local ordinance or state law shall be subject to arrest, issuance of a citation, or other civil or criminal process in accordance with all state, federal or local statutes, rules, or ordinances.
(3)
For any violation of this chapter, the code enforcement officer may issue a written notice of violation to the owner, specifying the violation, time frame in which the violation should be mediated, and the penalty to be imposed.
(a)
For the first violation within any 12-month period, the host shall be given a written warning.
(b)
For a second conviction of violation within any 12-month period, the penalty shall be a $500.00 fine.
(c)
For a third conviction of violation within any 12-month period, the penalty shall be a $750.00 fine.
(d)
For a fourth conviction of violation within any 12-month period, the penalty shall be a $750.00 fine and the owner's short-term rental permit and business license shall be revoked for a period of one year.
(4)
Any person who deems themselves aggrieved by a decision of the city staff under this chapter may appeal from such decision by making written application for an appeal hearing before the Naples City appeals officer. The notice of appeal shall be made within 10 days after notice of the decision appealed from. The appeals officer shall grant a hearing, and after consideration of the matter may uphold, modify, or reverse such decision.
(Ord. 24-259, 2024)