The Transient Lodging Overlay zone is established to allow the development of transient lodging facilities in the Town that will promote the goals and objectives of the General Plan. Working with the predecessor transient lodging ordinance, which previously provided several options for mixed uses, long-term residential housing has emerged as being the most needful in the Transient Lodging Overlay zone. The General Plan emphasizes the need to maintain a variety of long-term housing options in the community in order to preserve the Town's sense of community and avoid becoming a community of predominantly transient population. As more transient lodging units are developed, the ratio between long-term residential units and transient lodging units is skewed, impacting the Town's character as a rural residential community. The Town therefore finds that long-term residential housing must be developed in conjunction with any new transient lodging to maintain the residential character of the community. Therefore, long-term residential housing is the land use most impacted by additional transient lodging. The Transient Lodging Overlay zone is intended to ensure any new transient lodging developments promote the Town's village character, protect the Town's unique community feel, and enhance the quality of life for all community members by ensuring long-term residential housing is included as an additional use in new transient lodging development.

(Ord. No. 2023-08, § 4, 12-13-2023)

Only properties that are already in the Central Commercial ("CC") or Village Commercial ("VC") zone are eligible for the Transient Lodging Overlay zone. The Town will not accept an application for Transient Lodging Overlay zone on a property unless that property is zoned either CC or VC at the time the application for the Transient Lodging Overlay zone is submitted. An application for the Transient Lodging Overlay zone and an application to rezone the property to the VC or CC zone may not be made concurrently.

(Ord. No. 2023-08, § 4, 12-13-2023)

Transient lodging facilities are categorized into one of three types, depending on the number of transient lodging units contained in the transient lodging facility. Type 1 transient lodging is allowed in the Central Commercial zone only. Type 2 and Type 3 transient lodging is allowed in the Central Commercial and Village Commercial zones.

A.

Type 1 transient lodging facilities contain 13 or more transient lodging units on a property or group of properties operated together as a single transient lodging facility.

B.

Type 2 transient lodging facilities contain between 3 and 12 transient lodging units on a property or group of properties operated together as a single transient lodging facility.

C.

Type 3 transient lodging facilities contain two or fewer transient lodging units on an owner-occupied property.

(Ord. No. 2023-08, § 4, 12-13-2023)

A.

As of June 22, 2022, a new transient lodging facility may not be established in the Town of Springdale without the approval of the Town Council to apply the transient lodging overlay zone to the property where the transient lodging facility is located.

B.

As of June 22, 2022, the number of transient lodging units on a property with a transient lodging facility approved and developed prior to June 22, 2022 may not be increased without the approval of the Town Council to apply the transient lodging overlay zone to the property where the transient lodging facility is located.

1.

This provision applies to any increase of transient lodging units on a property, whether through new construction, conversion of existing non-lodging uses to transient lodging, reconfiguration of existing transient lodging units that results in additional transient lodging units on the property, or any or action that increases the number of transient lodging units on a property.

C.

The number of transient lodging units on a property that has been approved for the Transient Lodging Overlay ("TLO") zone may not be increased from what the TLO zone approval allows, unless a new application for the TLO zone is made. In such a case a new approval of the TLO zone reflecting the increased number of transient lodging units is required prior to developing any additional transient lodging units on the property.

D.

The Planning Commission will not accept applications for design/development review for new transient lodging facilities unless the property where the proposed transient lodging facility is located has previously been approved for the transient lodging overlay zone, or the property has pre-existing entitlements for transient lodging.

E.

The Town Clerk will not accept applications for a business license for new transient lodging unless the property has previously been approved for the transient lodging overlay zone, or the property has pre-existing entitlements for transient lodging.

(Ord. No. 2023-08, § 4, 12-13-2023)

A.

The Town will accept applications for the Transient Lodging Overlay zone from March 1 to March 31 of each even numbered calendar year (e.g., 2024, 2026, etc.) (the "Application Period"). Applications shall be submitted on a form prepared by the Town.

B.

At least two weeks prior to making an application for the Transient Lodging Overlay zone, an applicant must send a printed summary of the proposed transient lodging development by mail to all owners of property, according to the property records of the Washington County Recorder, within 300 feet of the property where the proposed transient lodging facility will be located as measured from all lot lines. The printed summary must contain:

1.

The address and parcel number of the property where the TLO zone is proposed;

2.

The name of the TLO zone applicant;

3.

The current zone and use of the property;

4.

The size of the property;

5.

The number of transient lodging units requested under the TLO zone application;

6.

A description of the general nature of the proposed transient lodging development; and

7.

And an invitation for the adjacent property owners' comments and feedback to help inform the final design of the project.

C.

The Director of Community Development or designee will review the application for completeness. If an application is found incomplete the DCD or designee shall, within five business days of the date of the application, return the application to the applicant with specific instruction regarding what is lacking to make the applications complete. The applicant shall return the application with the requested additional information to the DCD prior to March 31, or a maximum of five business days from the date of the DCD's correction letter if the correction letter is sent less than five business days prior to March 31. If the applicant fails to make the corrections within the specific timeline the application will be deemed incomplete and will not be reviewed further.

D.

The Planning Commission will hold a public hearing to review all complete applications submitted during the Application Period. The Planning Commission will make a recommendation to the Town Council to approve up to three of the applications received. However, the Commission is not obligated to recommend approval of any application and may elect to recommend denial of all applications. The Planning Commission will randomize the order of applications heard during the public hearing. The Commission will not make a decision on any application until all applications have been heard in public hearing.

E.

Upon receiving a recommendation from the Planning Commission the Town Council will hold a public hearing to review all applications submitted during the Application Period (inclusive of those with a recommendation for approval from the Planning Commission, as well as those with a recommendation for denial). The Town Council may approve up to three applications for the Transient Lodging Overlay zone during each biennial application cycle. However, the Council is not obligated to approve any of the Transient Lodging Overlay zone applications and may elect to deny all applications. The Town Council will randomize the order of applications being presented during the public hearing. The Town Council will not make a decision on any application until all applications have been presented in public hearing.

F.

If the Town Council approves the Transient Lodging Overlay zone on a property, the property owner/applicant shall have eighteen months from the date of the Town Council's approval in which to begin development of the proposed transient lodging facility. The property owner / applicant shall have two years after development begins to complete the project and have a Certificate of Occupancy issued. If development of the transient lodging facility is not initiated and pursued to completion in accordance with these timelines the Transient Lodging Overlay zone approval will be rescinded and the property will revert back to the underlying zone with no Transient Lodging Overlay zone.

1.

To begin development of the transient lodging facility means to have all necessary permits issued and to have started the actual process of construction.

2.

The Town Council may grant one extension of up to one year to complete development of the transient lodging facility if:

i.

The development of transient lodging facility is in at least the framing stage;

ii.

The developer demonstrates that factors beyond the developer's control have prevented timely completion of the project; and

iii.

The developer presents a feasible plan and schedule demonstrating how the project will be able to be completed within the one-year extension period.

(Ord. No. 2023-08, § 4, 12-13-2023)

A.

In reviewing Transient Lodging Overlay zone change applications the Planning Commission and Town Council will use the following criteria. These criteria are provided to help the Planning Commission and Town Council in their review of Transient Lodging Overlay zone applications. Due to the legislative nature of zone changes, the Town Council is not obligated to approve a Transient Lodging Overlay zone change application even if the application meets these criteria.

1.

Will the proposed development clearly maintain Springdale's unique identity and community atmosphere as detailed in Land Use and Town Appearance Subgoal A of the General Plan?

2.

Does the proposed development clearly support the vision for Transient Lodging established in Land Use and Town Appearance Subgoal G of the General Plan?

a.

Will the proposed transient lodging promote the Town's "in the Park feel", small village scale, and unique village atmosphere?

b.

Will the proposed transient lodging be attractive, memorable, and unique in such a way that complements the visitor's experience in Zion Canyon and Zion National Park?

3.

Does the proposed development clearly support the vision for tourism related economic development established in Economic Development Subgoal I of the General Plan?

a.

Will the proposed transient lodging add to the quality of life for residents?

b.

Will the proposed transient lodging development protect the community's character?

c.

Will the proposed transient lodging development "give back" to the community (with more than just tax revenue)?

4.

Does the proposed development support the vision statement and other applicable goals of the General Plan?

5.

Will the proposed development negatively impact the privacy, peace, quiet, and enjoyment of surrounding properties, particularly those that are residentially zoned?

6.

Will the proposed development help maintain a desirable balance between transient lodging and other commercial uses in the Town's commercial zones?

7.

Is the facility projected to create a need for essential municipal services (including water and other utility services) that the Town cannot reasonably meet?

B.

The Planning Commission and Town Council shall develop a review framework utilizing the application review criteria above to assist in reviewing all the applications received during the Application Period. The review framework shall be a tool the Planning Commission and Town Council use to evaluate the applications received against each other, relative to the application review criteria. The Planning Commission and Town Council shall use the same review framework to evaluate all applications received during an Application Period. The review framework shall be one of several factors the Commission and Council consider in determining which, if any, of the applications to approve. The review framework shall not guarantee approval or denial of any application or be the only tool the Commission and Council use to evaluate applications. The results of the review framework shall be informative only, and in no way shall they be binding.

(Ord. No. 2023-08, § 4, 12-13-2023)

All applications for the Transient Lodging Overlay zone shall include sufficient information and detail to allow the Planning Commission and Town Council to make informed findings regarding the review criteria listed above. Applications must include preliminary development plans and details for the proposed development on the property.

A.

At a minimum, applications for Type 1 and Type 2 transient lodging must include the following information:

1.

Site plan showing:

i.

Property boundaries;

ii.

Topography in one foot contour intervals;

iii.

Existing and proposed access into the property;

iv.

All existing development (if any) on the property;

v.

All proposed transient lodging development;

vi.

All other proposed new development on the property; and

vii.

Parking, landscape areas, and other site details.

2.

Conceptual architectural floor plans of the proposed transient lodging development and required long-term residential housing units.

3.

Conceptual elevations of the proposed transient lodging development and required long-term residential housing units showing proposed exterior color and materials of the new structures.

4.

Number of transient lodging units being requested, nature of the transient lodging units, and expected occupant load of each transient lodging unit.

5.

Narrative with details on how the proposed development will satisfy the requirements for the required long-term residential use. Narrative detailing how the proposed transient lodging will be operated in compliance with the requirements of this chapter.

6.

Specific details describing how the proposed transient lodging will promote the goals and objectives of the General Plan. The applicant must include a specific response to each of the following General Plan Goals:

i.

Land Use and Town Appearance Subgoal A;

ii.

Land Use and Town Appearance Subgoal G; and

iii.

Economic Development Subgoal I.

7.

Provide evidence of written notices being mailed to owners of all property within 300 feet of the subject property, which written notices must describe in general detail the proposed transient lodging facility and contain a summary of the comments and feedback received from these property owners.

8.

Description of strategies used in the design of the project that are intended to protect adjacent properties from the impacts of the proposed transient lodging facility, including a copy of the proposed good neighbor and guest education policies.

9.

Any other information the applicant wishes to include that demonstrates how the proposed development will enhance the Town's community character, as outlined in the General Plan.

B.

At a minimum, applications for Type 3 transient lodging must include the following information:

1.

Site plan showing:

i.

Property boundaries;

ii.

Existing and proposed access into the property;

iii.

All existing development (if any) on the property;

iv.

All proposed transient lodging development;

v.

Location of the owner-occupied housing unit on the property;

vi.

All other proposed new development on the property; and

vii.

Parking, landscape areas, and other site details.

2.

Narrative description of how the proposed transient lodging development on the property will be operated.

3.

Narrative description of how the proposed transient lodging development on the property will promote the goals and objectives of the general plan.

C.

The zone change application fee for Type 3 transient lodging applications shall be 40% of the zone change fee for Type 1 and Type 2 transient lodging applications.

(Ord. No. 2023-08, § 4, 12-13-2023)

Type 1 and Type 2 transient lodging facilities shall comply with all of the following standards:

A.

Transient lodging facilities must be located on a dedicated public road, or a private street that is constructed to the standards for pavement, curb, gutter, and other improvements shown in the Town's Construction Details and Design Standards manual for public roads.

1.

If the transient lodging facility is located on a private street that is not entirely owned by the TLO zone applicant or transient lodging facility developer:

i.

All other owners of the private street must consent in writing to the use of the private street to access and serve the transient lodging facility; and

ii.

There must be a road maintenance agreement detailing the maintenance responsibilities associated with the private street signed by all owners of the private street that is recorded in the Washington County Recorder's office.

B.

Transient lodging facilities must have a 24-hour on-call property manager available who is able to be on the property to respond to emergencies and complaints of nuisance issues within 30 minutes of being notified.

C.

Transient lodging facilities shall adopt good neighbor and guest education policies. These policies shall be displayed prominently in each transient lodging unit and given to each guest upon arrival. These policies shall:

1.

Educate guests about Town ordinances regarding noise, nuisance, and other similar issues;

2.

Orient guests to the Town with information regarding transportation, entrance to Zion National Park, location of medical facilities and other essential services;

3.

Encourage guests to respect the Town's community character, to be sensitive of the impact they have on the community and full-time residents, and to be cognizant of their impact on natural resources such as the Virgin River and the dark night sky; and

4.

Encourage guests to use pedestrian, bicycle, and transit transportation whenever possible instead of private automobile travel in Springdale and Zion National Park.

D.

Long-term rental residential units shall be developed with all new Type 1 and Type 2 transient lodging facilities, pursuant to the standards below:

1.

One long-term rental residential unit is required for every four lodging units. In determining the number of long-term rental residential units required, all fractions will be rounded up to the next highest whole number. For example, a transient lodging facility with three transient lodging units would be required to provide 0.75 long-term rental residential units, which would be rounded up to one long-term rental residential unit. A transient lodging facility with 10 lodging units would be required to provide 2.5 long-term rental residential units, which would be rounded up to a minimum of three long-term rental residential units.

2.

The long-term rental residential units used to meet this requirement must be newly developed units. A property owner may not use long-term rental residential units that are either physically constructed or that have received any land use approval from the Town at the time the application for transient lodging is approved to satisfy the long-term rental residential requirement for the development.

3.

The long-term rental residential units may not be used to satisfy both the TLO zone requirement and any other requirement in the Town code (including requirements associated with the Workforce Housing Overlay Zone), development agreement, or any other similar requirement for a property owner to construct housing.

4.

The long-term rental residential units must be rental housing, and not owner-occupied housing.

5.

Each long-term rental residential unit used to fulfill this requirement must measure a minimum of 850 square feet in area.

6.

Each long-term rental residential unit used to fulfill this requirement must be constructed and maintained to a standard of quality that meets or exceeds the HUD Housing Quality Standards applicable to the Housing Choice Voucher Program.

7.

Long-term rental residential units must be occupied by the same household for periods of not less than 90 consecutive days.

8.

Long-term rental residential units must be occupied as the occupant's primary residence.

9.

Long-term rental residential units must be occupied for at least nine months in any twelve-month period.

10.

Each long-term rental residential unit must have its own dedicated water meter, according to the Town's Construction Standards and Design Details.

11.

Housing must be open for rent by members of the general public. Housing made available to employees of a transient lodging facility and that is contingent in any way on their employment at the transient lodging facility does not satisfy this requirement.

12.

Long-term rental residential units required by this section can be located on a property other than the transient lodging facility property, as long as the property is within the Town of Springdale.

13.

The owner of the property where the long-term rental housing units are located must record a restrictive covenant on the property that identifies the long-term rental residential units and requires the units to be used for long-term residential uses in compliance with this section for at least 50 years. The covenant must identify to which transient lodging facility the long-term residential units are linked. The covenant must specifically list and require the property owner to adhere to all the requirements for long-term rental residential units contained in this section.

14.

The long-term rental residential units associated with a transient lodging facility must be fully constructed with a certificate of occupancy issued prior to the business license for the transient lodging facility being issued.

(Ord. No. 2023-08, § 4, 12-13-2023)

Type 3 transient lodging facilities shall comply with all of the following standards:

A.

The owner of the property where the transient lodging facility is located shall reside on the property as his or her primary residence. The owner of the property shall be physically residing on the property at all times the property is being used as a transient lodging facility.

B.

The employee parking requirement for transient lodging facilities in section 10-23-4 shall not apply to Type 3 transient lodging facilities.

C.

Transient lodging facilities shall adopt good neighbor and guest education policies. These policies shall be displayed prominently in each transient lodging unit and given to each guest upon arrival. These policies shall:

a.

Educate guests about Town ordinances regarding noise, nuisance, and other similar issues;

b.

Orient guests to the Town with information regarding transportation, entrance to Zion National Park, location of medical facilities and other essential services;

c.

Encourage guests to respect the Town's community character, to be sensitive of the impact they have on the community and full-time residents, and to be cognizant of their impact on natural resources such as the Virgin River and the dark night sky; and

d.

Encourage guests to use pedestrian, bicycle, and transit transportation whenever possible instead of private automobile travel in Springdale and Zion National Park.

(Ord. No. 2023-08, § 4, 12-13-2023)

A.

A property in the CC zone may not be developed with more than one transient lodging unit for every 2,500 square of lot area, subject to compliance with all other standards of this chapter and all other applicable land use regulations.

B.

A property in the VC zone may not be developed with more than one transient lodging unit for every 4,000 square feet of net developable land area, subject to compliance with all other standards of this chapter and all other applicable land use regulations.

(Ord. No. 2023-08, § 4, 12-13-2023)

Managers of all transient lodging facilities shall provide documentation of compliance with all the standards in this chapter during the annual renewal of the business license for the transient lodging facility. The Town shall not issue an initial business license or business license renewal for a transient lodging facility in the transient lodging overlay zone until all of the standards of this chapter have been met.

A.

The transient lodging facility manager shall provide the following information to the Town Clerk as part of the annual business license review:

1.

Name and contact information for the on-call property manager;

2.

Current copy of the good neighbor/guest education policies;

3.

Identification of the required long-term residential units associated with the transient lodging, and documentation that the units have been occupied as long-term residential units for at least nine of the previous twelve months; and

B.

The Town Clerk will not issue a business license renewal for the transient lodging business until all of the above identified information is provided to the Town.

(Ord. No. 2023-08, § 4, 12-13-2023)

The Town will not finalize approval of the transient lodging overlay zone on any property until the owner of the property has recorded an instrument in a form approved by the Town that provides notice and a restrictive covenant against the property in the Washington County Recorder's Office, which details the requirements of this chapter as applied to the property and binds future property owners to comply with the requirements of this chapter, as conditioned and applied to the property.

(Ord. No. 2023-08, § 4, 12-13-2023)