The purposes of this chapter are to strengthen the City's values of community, family, and safety by permitting short-term or vacation rentals according to the standards of this chapter, to protect the integrity and characteristics of the land use districts, and to require that short-term or vacation rentals be conducted in a manner that neighbors, under normal conditions, would not be aware of their existence. (Ord. 19-12, 5-14-2019; amd. Ord. 2022-08, 5-24-2022)

As used in this chapter:

 

 

   A.   Permits: A conditional use permit shall be required for each unit used as a short-term or vacation rental, regardless of the zone, type, or primary use of the property.

   B.   Application For Permit: The application for a conditional use permit shall be signed by the owner of the property on which the short-term or vacation rental is located and shall include:

      1.   The owner's daytime and evening phone contact numbers and email address;

      2.   A designated local responsible party with phone and email contact information if the short-term or vacation rental is not owner-occupied;

      3.   The number of off-street parking stalls available for occupants;

      4.   A checklist showing compliance with the other requirements of this chapter; and

      5.   The application fee established in the consolidated fee schedule.

   C.   Review: The Planning Commission shall review the complete application for a conditional use permit under this chapter and shall approve or deny the conditional use permit based on the criteria listed in this chapter.

   D.   Applicant Requirements: As a condition of receiving a conditional use permit and prior to conducting business, the applicant shall:

      1.   Register the business with the State of Utah and obtain a Utah State Sales Tax identification number;

      2.   Apply for and pay the annual City business license fee, with the license to be issued after the conditional use permit is granted; and

      3.   Ensure that no more than one short-term or vacation rental agreement per dwelling unit is in use at any one time.

      4.   Demonstrate property ownership. (Ord. 19-12, 5-14-2019; amd. Ord. 2022-08, 5-24-2022)

Each short-term or vacation rental owner shall collect and remit Sales, Resort, and Transient Room Taxes to the Utah State Tax Commission. (Ord. 19-12, 5-14-2019; amd. Ord. 2022-08, 5-24-2022)

The responsible party shall regulate the occupancy of the short- term or vacation rental and ensure that:

   A.   Occupants and their pets shall not create noise that by reason of time, nature, intensity or duration are out of character with noise customarily heard in the surrounding neighborhood;

   B.   Occupants shall not disturb the peace of surrounding residents by engaging in outside recreational activities or other similar activities between ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.;

   C.   Occupants and their pets shall not interfere with the privacy of surrounding residents or trespass onto surrounding properties;

   D.   Occupants shall not engage in disorderly or illegal conduct, including illegal consumption of drugs or alcohol; and

   E.   The rental complies with Utah Administrative Code Rule R392-502, Public Lodging Facility Sanitation. (Ord. 19-12, 5-14-2019; amd. Ord. 2022-08, 5-24-2022)

An off-street parking stall shall be provided for each vehicle the occupants bring to the short-term or vacation rental. There shall be no more occupant vehicles allowed at any one time than the number of bedrooms available in the short-term or vacation rental. Vehicles parked at the short-term or vacation rental shall not block clear sight distances, create a nuisance or hazard, violate any City laws or winter-restricted parking requirement, or infringe on other property rights. (Ord. 19-12, 5-14-2019; amd. Ord. 2022-08, 5-24-2022)

No camp trailers, recreational vehicles, tents, yurts, or any similar non-permanent structures shall be allowed for short-term or vacation rentals under the conditional use permit, except those located in a private area licensed by the City for camping. Camps shall comply with Utah Administrative Code Rule R392-300, Recreation Camp Sanitation. (Ord. 19-12, 5-14-2019; amd. Ord. 2022-08, 5-24-2022)

Owners or keepers of any pets on short-term or vacation rental properties shall not allow the animals to create noise that could be considered disturbing, to run at large, or to create a mess that is not immediately cleaned up by the owner or keeper. It shall be unlawful for an owner or keeper of any pet to go upon the private property of any person without the permission of the owner or person entitled to the possession of such private property. (Ord. 19-12, 5-14-2019; amd. Ord. 2022-08, 5-24-2022)

Information shall be displayed in the interior of the dwelling unit listing twenty-four (24) hours seven (7) days a week contact information and the regulations addressing noise, parking, pets, trespassing, illegal activity, and conduct. Exterior signage shall not be allowed. (Ord. 19-12, 5-14-2019; amd. Ord. 2022-08, 5-24-2022)

Any property that contains a dwelling which is licensed as a short-term or vacation rental shall conform to the following standards:

   A.   Structures shall be properly maintained and kept in good repair.

   B.   Grounds and landscaped areas shall be properly maintained in order that the use in no way detracts from the general appearance of the neighborhood or causes any hazard to the occupants.

   C.   Each habitable space shall meet current Building Codes for size, egress, and be equipped with smoke and carbon monoxide detectors.

   D.   Garbage shall not be allowed to accumulate on the property and shall be removed on regularly scheduled pick up days.

   E.   A fire extinguisher shall be accessible.

   F.   A fire exiting route plan shall be posted.

   G.   An annual inspection shall be conducted by the Fire Marshal to ensure compliance with fire safety provisions and occupancy requirements. (Ord. 19-12, 5-14-2019; amd. Ord. 2022-08, 5-24-2022)

The location of a short-term rental shall not be nearer than two thousand (2,000) feet from primary or secondary school. Such distance shall be measured as a radius originating from the center point of the property of which the school resides. (Ord. 2022-08, 5-24-2022)

Single-family homes that operate a short-term rental shall be the primary or principal place of residence of the property owner, as defined in Utah Code Annotated, Section 20-a-105.

Applications for a short-term rental shall not be accepted until which time the owner of the subject property has demonstrated ownership and use of the home as their primary residence for no less than twelve (12) consecutive months. (Ord. 2022-08, 5-24-2022)

The number of available permits allowed shall not exceed ten (10). Availability of permits shall be on a first-come-first-served basis according to a process established by the City Manager. (Ord. 2022-08, 5-24-2022)

   A.   Complaints received by the City from any person alleging any violation of this chapter shall be handled as stated in this section.

   B.   Upon receiving a first complaint, the City shall call or email, and send a letter or notification to the property owner and responsible party explaining the nature of the complaint and requiring immediate correction.

   C.   A second complaint will result in the City sending second letter or notification to the property owner and responsible party, explaining the complaint and warning that the conditional use permit may be in jeopardy of being revoked.

   D.   A third complaint will result in written notification from the City to the property owner and responsible party requiring their attendance at a Planning Commission meeting to show cause why the conditional use permit should not be revoked. The show-cause hearing shall be held even if the owner or responsible party fails to appear.

   E.   Following a show-cause hearing and short of revoking the conditional use permit, the commission may add any conditions or make any other adjustments to the permit it deems reasonably necessary.

   F.   Following a show-cause hearing, the Planning Commission may revoke a conditional use permit issued under this chapter if it finds that:

      1.   The permittee failed to comply repeatedly with any condition set forth in this chapter or the conditional use permit;

      2.   The permittee engaged in a pattern of unlawful activity; or

      3.   The permittee violated State law or local ordinances.

   G.    Notwithstanding any other remedy in this section, violations of this Code or State law may be prosecuted as a criminal offense in the Justice Court. (Ord. 19-12, 5-14-2019; amd. Ord. 2022-08, 5-24-2022)