This ordinance is adopted to help facilitate the availability of attainable housing options for employees working in Springdale and Zion National Park. The Town finds that having employees of local businesses live in the community strengthens the community and adds to the Town's village character.

(Ord. No. 2023-05, 6-14-2023)

Business location: The physical location of a business or organization's operation; must be a brick-and-mortar location and not a mobile or virtual location.

Life changing event: The marriage, divorce, caregiving to an adult relative, disability, serious illness, birth, or death of a member of a qualified household.

Ownership unit: A dwelling unit regulated by the workforce housing overlay zone, intended for occupancy by a single qualified household, and that is owned by the household occupying the unit.

Rental unit: A dwelling unit regulated by the workforce housing overlay zone, intended for occupancy by a single qualified household, and that is rented by the household occupying the unit.

Qualified household: A household where at least one is actively employed as detailed in this chapter within Springdale or Zion National Park.

WFOZ: Abbreviation for Workforce Housing Overlay Zone.

Work: Labor in exchange for monetary compensation.

Workforce housing unit: A dwelling unit occupied by a qualified household.

(Ord. No. 2023-05, 6-14-2023)

A.

The following uses are allowed in the WFOZ:

1.

Duplex or single-family housing, if all the units in the development project are individually owned and owner occupied.

2.

Multi-family housing, if all the units in the development project are under common ownership and are rented to tenants.

3.

When the WFOZ is applied to an underlying commercial zone, all the permitted commercial uses allowed in that zone continue to be permitted with the exception of transient lodging.

B.

The following uses are prohibited in the WFOZ:

1.

When the WFOZ is applied to an underlying residential zone, all commercial uses including transient lodging are prohibited. This prohibition does not prevent the operation of a management/leasing office, laundry, or similar use operated solely as a support for a multi-family residential development on the same property.

2.

When the WFOZ is applied to an underlying commercial zone, transient lodging is prohibited.

(Ord. No. 2023-05, 6-14-2023)

A.

At least 75 percent of the dwelling units in a development in the WFOZ must be occupied by qualified households where at least one adult in the household is actively employed. To be actively employed, a person must work:

1.

Within the municipal boundaries of the Town of Springdale or in Zion National Park (persons who work for outdoor or adventure guiding or tour services based in Springdale and who meet clients in Springdale satisfy this criterion, even if the guided trip or tour occurs outside of Springdale); and

2.

For an employer whose business location is in the Town of Springdale or Zion National Park; and

3.

For at least 1,560 hours per year.

B.

A person must meet all three of these criteria to be qualified as "actively employed."

C.

A person who works from home through remote work, home occupation, or other work from home arrangement is not considered actively employed.

D.

An actively employed person's employer may have physical business locations outside Springdale and/or Zion National Park in addition to the business location in Springdale and/or Zion National Park. However, to be actively employed, the person must work primarily at a business location in Springdale and/or Zion National Park.

E.

A person may work for multiple businesses or organizations to meet the minimum hours per year standard, if all the businesses or organizations meet the requirements described in this section.

(Ord. No. 2023-05, 6-14-2023)

In addition to meeting the active employment criteria above, the following standards apply to qualified households:

A.

The maximum number of people that may be part of a qualified household is:

1.

Two if the household occupies a one-bedroom unit or a studio.

2.

Two per bedroom if the household occupies a unit with multiple bedrooms.

B.

For rental units, once a household is determined to be a qualified household for the occupancy of a specific unit, that household will not lose the ability to occupy that unit based upon a life changing event that occurs after the household first occupies the specified unit. The household will continue to be able to occupy the rental workforce housing unit for a maximum period of one year from the date of the life changing event. If after one year the household does not meet all three criteria to be "actively employed," the household is no longer eligible to occupy the rental workforce housing unit.

(Ord. No. 2023-05, 6-14-2023)

The maximum allowable density in the workforce housing zone is:

A.

Eight units per acre if the property is developed with duplexes or single-family units, all of which must be ownership units.

B.

Sixteen units per acre if the property is developed with multi-family residential, all of which must be rental units.

C.

The following areas of a property in the Workforce Housing Overlay Zone are not included when determining the maximum number of units allowed per acre on that property:

1.

Areas of the property that are 30% and greater natural grade, and

2.

Areas in floodways.

(Ord. No. 2023-05, 6-14-2023)

The requirement for qualified households to occupy workforce housing units on a property will be maintained via a restrictive covenant recorded on the property and which shall document all the requirements of this chapter.

A.

For ownership units: Prior to issuance of a certificate of occupancy for any ownership unit, the property owner must record a restrictive covenant in the Washington County Recorder's Office that stipulates the unit must be initially sold to a qualified household. The restrictive covenant must further state that any and all future sales of the property must also be to qualified households. At least 30 days prior to the sale of an ownership unit, the property owner must notify the Town in writing of the intention to sell the unit. The notification must include documentation that the new purchaser is a qualified household. Any sale of an ownership unit to any party other than a qualified household is null and void. The restrictive covenant must state that the owner of the unit must occupy the unit as the owner's primary residence.

B.

For rental units: Prior to the issuance of a certificate of occupancy for any unit in a rental project, the property owner must record a restrictive covenant on the property in the Washington County Recorder's Office that stipulates at least 75 percent of the units in the workforce housing development on the property will be occupied by qualified households. The restrictive covenant must also include all the following requirements:

1.

The lease agreement for a rental Workforce Housing Unit must include a clause that states the lessee understands the active employment criteria for Qualified Households and that the lessee certifies that it meets these criteria.

2.

Except in cases of a life changing event as defined in this ordinance, if at any point during the lease an occupant of a workforce housing unit no longer meets the criteria to be a Qualified Household, the lessee must vacate the Workforce Housing Unit within 90 days. If the 90-day period extends beyond the end of the lease period, the property owner may allow the lessee to continue to occupy the Workforce Housing Unit on a month-to-month lease basis until the 90-day grace period has expired.

3.

The property owner must submit a report to the Town on July 1 of each year certifying that at least 75 percent of the units on the property are occupied by qualified households. The report will be on a form provided by the Town which shall contain the following information for each workforce housing unit on the property:

a.

Name of the actively employed person(s) who are part of the qualified household occupying the unit.

b.

Name of the business and business manager employing the actively employed person.

c.

Number of hours the actively employed person worked for the employer in the previous six months.

d.

Number of hours the actively employed person is anticipated to work for the employer in the next six months.

e.

The notarized signatures of the actively employed person and the manager of the business or organization for which the person works, stating that by penalty of perjury the information on the form is true and correct.

C.

For both rental and ownership units: The restrictive covenant shall be binding on the property in perpetuity. However, after a minimum of 25 years from the date a certificate of occupancy is issued for the development allowed by the Workforce Housing Overlay zone approval, the Town Council may elect to modify or remove certain provisions of the restrictive covenant, with the approval and consent of the property owner. Any such modifications or removals shall:

1.

Be based on the findings of a housing needs assessment performed by a credible third party approved by the Town Council with expertise in workforce housing, and

2.

Be designed to more effectively accommodate the housing needs of Springdale's workforce, and

3.

Promote the Town's housing goals as stated in the current General Plan.

(Ord. No. 2023-05, 6-14-2023)

A.

The Town may contract with an independent third-party reviewer who will conduct an annual audit of all rental workforce housing units to document ongoing compliance with the restrictions of the Workforce Housing Overlay zone. If the audit reveals non-compliance with any of the requirements of the Workforce Housing Overlay zone, or the restrictive covenant, the Town will issue the property owner a written notice of non-compliance and give the property owner a reasonable amount of time not to exceed 30 days to comply.

B.

Failure of a property owner to comply with any requirement of the workforce housing overlay zone, or any provision of the restrictive covenant, after being given written notice and time to correct the violation may result in penalties which could include:

1.

Monetary fines up to $750.00 per day the violation exists.

2.

Forfeit of any rental revenue received from renting units in violation of the standards of this ordinance.

3.

Liens placed on the property.

4.

Revocation of the certificate of occupancy for any workforce housing unit in violation.

C.

This list of penalties is not inclusive and the Town reserves the right to use whatever enforcement tools are available to bring properties into compliance. Further, the Town may use a combination of penalties to bring properties into compliance.

D.

The enforcement terms of this section shall be included in the restrictive covenant recorded on any workforce housing overlay zone property.

(Ord. No. 2023-05, 6-14-2023)

In addition to the Town's general policy regarding zone changes in section 10-3-2, the Planning Commission and Town Council shall evaluate all requests for the Workforce Housing Overlay Zone according to the following criteria. The Town Council is not obligated to approve a zone change to the Workforce Housing Overlay zone, even if all the following criteria are met, zone changes being a legislative action. The Town Council may elect to deny a Workforce Housing Overlay zone request based on factors such as location, timing, level of current demand for workforce housing, saturation of workforce housing in a particular location of the Town, failure to meet the zone change requirements of section 10-3-2, or any other legitimate reason.

A.

The property where the workforce housing zone is proposed is large enough to accommodate the proposed workforce housing development, associated parking and other development, and comply with all land use and development standards in a manner that is consistent with the Town's village character, as defined in the General Plan.

B.

Proposed development on the property will not be located on a hilltop, ridgeline, or the edge of a mesa.

C.

The property where the workforce housing zone is proposed has sufficient vehicular access to accommodate the increased vehicular traffic the proposed development is projected to generate.

D.

Recognizing that the intent of the workforce housing overlay zone is to allow residential development at greater density than what is otherwise allowed in the residential zones, if the proposed project is located in or adjacent to a residential zone the applicant must propose strategies that will be included in the development of the property that will mitigate impacts on surrounding properties in terms of loss of viewshed, loss of privacy, or other similar impacts.

E.

The workforce housing units in a proposed development must be indistinguishable from market rate housing units in the same development in terms of exterior design and finishes.

F.

There must be consistency in the unit size and number of bedrooms per unit between workforce housing units and market rate housing units in the same development.

(Ord. No. 2023-05, 6-14-2023)

The following use limitation standards apply to property in the workforce housing zone:

A.

Transient lodging is not allowed. A dwelling unit in the workforce housing overlay zone must be occupied by the same household for periods of at least 90 consecutive days or more.

B.

A workforce housing unit must be occupied as the occupant household's primary residence, and not as a part-time residence.

C.

No portion of a workforce housing unit may be subleased. Only members of the qualified household whose primary residence the workforce housing unit may occupy the workforce housing unit.

D.

Units in the workforce housing zone must be available for rent or purchase to any member of the general public meeting the qualified household standard. Housing provided by an employer to an employee and that is contingent in any way on the employee's continued employment at the employer's business is not allowed in the workforce housing zone. An owner of rental workforce housing units who employs workers in the Town of Springdale or Zion National Park may give preference to its own employees to occupy those rental units. However, in no case shall continuing occupancy of the Workforce Housing Units be contingent in any way on continued employment with the owner's business or organization.

E.

Ownership workforce housing units must be in a subdivision specifically approved through the workforce housing overlay zone process. The subdivision plat must contain a note that the subdivision is part of the workforce housing overlay zone and is subject to the requirements of the workforce housing overlay zone. The subdivision plat must specifically identify which of the units in the subdivision (a minimum of 75 percent) are workforce housing units. The subdivision CC&Rs must also indicate the subdivision is part of the workforce housing overlay zone.

F.

No certificate of occupancy for any of the non-workforce housing units in a development in the Workforce Housing Overlay zone will be issued until all the workforce housing units are constructed and the restrictive covenant described above has been recorded on the units.

G.

The maximum number of people that may occupy a workforce housing unit is:

1.

Two if the unit is a one-bedroom unit or a studio.

2.

Two per bedroom if the unit contains multiple bedrooms.

(Ord. No. 2023-05, 6-14-2023)

All projects in the workforce housing zone must conform to the following standards. The Town Council may require more restrictive development standards for a proposed project, based on the anticipated impact of the project on adjacent property. The project specific development criteria will be memorialized in the Development Agreement required in section 10-13G-12.

A.

Setbacks:

1.

Front: 30 feet.

2.

Side: 15 feet.

3.

Rear: 15 feet.

B.

Building height:

1.

No portion of any building or structure may be taller than 18 feet if within 50 feet of the SR9 right-of-way, or within 50 feet of an adjacent residentially zoned property.

2.

For all portions of buildings greater than 50 feet away from both the SR9 right-of-way and an adjacent residentially zoned property the maximum height is 26 feet.

C.

Building size:

1.

Duplex structures in the Workforce Housing Overlay Zone must have a gross area of no more than 3,000 square feet.

2.

Multi-family structures in the Workforce Housing Overlay Zone must have a gross area of no more than 6,000 square feet.

3.

Accessory structures in the Workforce Housing Overlay Zone must have a gross area of no more than 1,500 square feet.

D.

Landscape: A minimum of 50 percent of a property in the Workforce Housing Overlay Zone is required to be landscape or natural open space.

E.

Parking: All parking must be located to the side or rear of buildings. No parking is allowed between a building and SR9. A minimum of one and a half parking spaces per unit are required in the Workforce Housing Overlay Zone.

F.

Buffering: When located in or adjacent to a residential zone, the project must include screening and buffering to protect the privacy and enjoyment of existing development on all adjacent residentially zoned property. Such buffering may include solid fencing, berms, vegetative screening, and increased setbacks as determined necessary by the Planning Commission and Town Council.

(Ord. No. 2023-05, 6-14-2023)

When the Town Council grants approval of the Workforce Housing Overlay Zone on a property, the Town and the Property Owner shall enter into a Development Agreement that documents all of the terms and conditions of the Workforce Housing Overlay Zone approval applied specifically to that project. The Development Agreement shall be recorded in the Washington County Recorder's Office. The Town shall not issue any land use approvals or building permits for the Workforce Housing Overlay Zone project until the Development Agreement has been signed by the Property Owner and recorded.

(Ord. No. 2023-05, 6-14-2023)