Throughout this Title, any use which is neither a permitted use, a conditional use, or an approved temporary use shall be considered a “nonpermitted use.”

(Ord. 2015.06, 10-8-2015; amd. Ord. 2025.07, 7-16-2025)

   Land uses identified in Section 10-17-2(B) of this Chapter that are not permitted or conditional uses in a given zone may be allowed on a temporary basis, subject to the standards and conditions of this Section to ensure compatibility with surrounding land uses and to protect the character of the existing neighborhood and zone.

   A.   Permit Required: Unless exempt under Section 10-17-2(G), no person shall engage in a temporary use, as identified in Section 10-17-2(B), without first obtaining a temporary use permit.

   B.   Uses Allowed: The following temporary uses may be allowed under this Section, subject to the standards and requirements herein. The duration of the temporary use permit shall not exceed the time limits identified below, unless otherwise approved by the Planning and Zoning Administrator:

      1.   Construction related trailers or offices - allowed for the duration of active construction or until a permanent building is constructed on site, subject to annual review by the Planning and Zoning Administrator.

      2.   Temporary storage for construction sites - allowed for the duration of active construction on the property under construction or development, subject to annual review by the Planning and Zoning Administrator.

      3.   Sales office/trailer for the sale of dwellings in a subdivision or other residential project - allowed for the duration of active construction on the property under construction or development, subject to annual review by the Planning and Zoning Administrator.

      4.   Seasonal sales, including but not limited to:

         a.   Christmas trees - up to sixty (60) days;

         b.   Fireworks - up to thirty (30) days;

         c.   Pumpkins - up to sixty (60) days.

      5.   Temporary uses that qualify as Special Events under Section 3-5-1 of the Toquerville City Code, and that are not exempt under Section 3-5-2, require a Special Event Permit and are not subject to the Temporary Use Permit process."

      6.   Any other temporary use deemed compatible with this Section as determined by the Planning and Zoning Administrator.

   C.   Temporary Use Permit Application: A complete application for a temporary use permit shall be submitted to the Planning and Zoning Administrator, along with payment of the applicable fee as set forth in the City's Uniform Fee Schedule. The application shall be submitted at least three (3) weeks prior to the proposed start date of the temporary use. The application shall include:

      1.   The name, address, phone number and email address of the applicant and the applicant's agent, if any.

      2.   The name and address of the company the applicant represents (if applicable).

      3.   A description of the proposed temporary use, including start date, duration, hours of operation and anticipated attendance.

      4.   A site plan, drawn to standard engineering scale showing the location of existing and proposed structures, signage, access, utilities and other site features or improvements including but not limited to, parking areas, curbs, gutter, sidewalk, landscaping, storage areas or any other site information relevant to the proposed use.

      5.   Proof of ownership (via a title report) or written permission from the property owner.

      6.   Any additional information deemed reasonable and necessary by the Planning & Zoning Administrator.

   D.   Review: Once the application is deemed complete, the Planning and Zoning Administrator may request review and recommendations from the City Engineer, applicable City departments, utility providers, and other relevant agencies or entities.

   E.   Authority: The Planning and Zoning Administrator shall approve, approve with conditions or deny the application pursuant to the standards set forth in Section 10-17-2 F. of this Chapter. Conditions may be applied as necessary to mitigate potential adverse impacts, ensure compliance with applicable standards, protect public health and safety, and preserve the character of the neighborhood. Such conditions may include, without limitation, address hours of operation, noise, signage, parking, site maintenance, and public right-of-way use.

   F.   Approval Standards: The following standards shall apply to the issuance of a temporary use permit:

      1.   The temporary use complies with recommendations from City Engineer, applicable City departments, utility providers, and other relevant agencies or entities.

      2.   The temporary use will not generate excessive noise, traffic, or other impacts that would be disruptive to neighboring properties.

      3.   The temporary use will not block public streets, sidewalks, or rights-of-way or create unsafe conditions for drivers or pedestrians.

      4.   The temporary use will not interfere with construction, development, or public improvements within public rights-of-way or public facilities.

      5.   The temporary use will not impede or delay emergency response vehicles such as police, fire, or ambulance.

      6.   The temporary use is compatible with the permitted or conditional uses and regulations of the zoning district in which it is located.

      7.   All signage associated with the temporary use shall comply with the City's sign regulations in Section 10-22 of this Code and may require a separate sign permit.

      8.   The temporary use complies with all applicable City Standards and Specifications, ordinances, regulations, permitting and licensing requirements, and any conditions imposed to mitigate potential adverse effects.

   G.   Exemptions: The following temporary uses are exempt from permitting requirements of this Section, provided they comply with all other applicable City regulations:

      1.   Garage or yard sales - provided they do not exceed four (4) events per calendar year per property. Each sale shall not exceed three (3) consecutive days.

      2.   Produce stands on private property provided they do not create significant public impacts such as excessive traffic, noise, or obstruction of public rights-of-way.

      3.   City or City sponsored events held on public property.

      4.   Educational, religious or civic activities held at public schools, churches or government facilities that are temporary in duration, meaning no longer than sixty (60) days.

   H.   Revocation: A temporary use permit may be revoked by the City if the permit holder violates any conditions of approval or any provision of this section, conducts the use inconsistently with the approved permit, or fails to comply with City requests to correct or mitigate issues related to the temporary use. The City reserves the right to inspect the site at any time during the duration of the permit to ensure compliance with permit conditions and applicable standards. If the permit holder fails to correct or mitigate issues after one written request from the City, the permit shall be revoked. Written notice of revocation shall be provided to the permit holder by the City, and the use must cease immediately upon revocation.

   I.   Expiration: Temporary use permits shall expire at the end of the approved duration as specified in the permit or under the time limits established in Section 10-17-2 B. Extensions may be granted only upon written request submitted prior to permit expiration and for good cause, subject to approval by the Planning and Zoning Administrator.

   J.   Restoration: Upon expiration or revocation of a temporary use permit, the permit holder shall restore the site to its original condition within ten (10) days, unless permanent improvements have been made and approved by the City to remain. Restoration must include the removal of all temporary structures, signage, trash, and any other materials associated with the temporary use. The City may require documentation or inspection to verify that restoration is complete.

   K.   Penalty: Any person or entity who violates the provisions of this Section is guilty of a Class B misdemeanor and shall be subject to penalty as provided in Section 1-4-1 of this Code. Each day a violation continues shall be considered a separate offense.

   L.   Appeal: Any person adversely affected by a decision on a temporary use permit may file an appeal in accordance with the procedures outlined in Section 10-3-2 F. of this Code.

(Ord. 2025.07, 7-16-2025)

   The Planning and Zoning Administrator, in connection with the building official, shall grant a building and occupancy permit for the establishment of a residential facility for persons with a disability in a zone in which residential uses are permitted, if the applicant certifies as follows:

   A.   Compliance with Utah Code Annotated title 57, chapter 21, the Utah Fair Housing Act, and the Federal Fair Housing Amendments Act of 1988, 42 USC section 3601 et seq.

   B.   To the extent required by Federal law, provide that a residential facility for persons with a disability is a permitted use in any zone where similar residential dwellings that are not residential facilities for persons with a disability are allowed.

   C.   Subject to subsection B of this section, the City requires that:

      1.   Residential facilities for persons with a disability:

         a.   To be reasonably dispersed throughout the Municipality;

         b.   To be limited by number of occupants;

         c.   For residential facilities for persons with a disability that are substance abuse facilities and are located within five hundred feet (500') of a school, to provide, in accordance with rules established by the Department of Human Services under Utah Code Annotated title 62A, chapter 2, Licensure of Programs and Facilities:

            (1)   A security plan satisfactory to local law enforcement authorities;

            (2)   Twenty four (24) hour supervision for residents; and

            (3)   Other twenty four (24) hour security measures; and

         d.   To obtain permits that verify compliance with the same building, safety and health regulations as are applicable in the same zone to similar uses that are not residential facilities for persons with a disability; and

      2.   Provides that a residential facility for persons with a disability that would likely create a fundamental change in the character of a residential neighborhood may be excluded from a zone.

   D.   The responsibility to license programs or entities that operate facilities for persons with a disability, as well as to require and monitor the provision of adequate services to persons residing in those facilities, shall rest with:

      1.   For programs or entities licensed or certified by the Department of Human Services, the Department of Human Services as provided in Utah Code Annotated title 62A, chapter 5, Services to People With Disabilities; and

      2.   For programs or entities licensed or certified by the Department of Health, the Department of Health under Utah Code Annotated title 26, chapter 21, the Healthcare Facility Licensing and Inspection Act.

(Ord. 2015.06, 10-8-2015)

   Nightly rentals shall occur only within the City upon the meeting of the following requirements:

   A.   Nightly Rental License Application:

      1.   An applicant must apply for and obtain a “Nightly Rental License”, which is a special license and not a conditional use permit and is approved and otherwise regulated by this Section. The Nightly Rental License is non-transferable to another owner or another Dwelling.

      2.   The Nightly Rental License application shall include the name, address and phone number of the owner and/or other person designated by the owner as the property manager/emergency contact who shall be responsible for ensuring compliance with the rules and regulations specified in this section.

      3.   The Nightly Rental License application must include a detailed drawing to standard engineering scale, a site plan for the lot showing additional parking stalls, existing and proposed buildings, existing streets, and a floor plan of the dwelling. The site plan must identify the required off-street parking to be used in connection with the Nightly Rental License.

      4.   The Nightly Rental License application must include the property tax ID number for the parcel upon which the Nightly Rental will occur.

      5.   Fire Inspection: To receive an initial license, the nightly rental must pass a fire inspection. The Fire inspection shall be scheduled with the Hurricane Valley Fire District and be performed within forty-five (45) days of submitting a complete application. Zoning Administrator may extend the deadline to complete the fire inspection based on inspector availability. Failure to do so will result in the denial of the Nightly Rental License application and the license will become available to the next applicant on the waiting list.

      6.   All structures on the property that are used for nightly rental purposes must have a Certificate of Occupancy. An application will not be considered compelte without a Certificate of Occupancy.

      7.   Notification: Applicant must pay for and provide notification to neighboring property owners within three hundred feet (300') from all exterior boundaries of the lot on which the nightly rental is to be located. This notice shall indicate, and the City’s Planning Commission shall conduct, a public hearing on the application. To comply with this requirement the applicant must submit self-addressed, stamped envelopes for the required notification along with a printed list of the lot owners in the designated notification area.

   B.   Nightly Rental License Application Review Process: A complete Nightly Rental License application will be reviewed by City staff at the next regularly scheduled City staff meeting. City staff shall review the application and forward their recommendation to the Planning Commission. The Planning Commission will hear the application at their next regularly scheduled meeting where adequate notice is appropriate and conduct a public hearing on the same. After said public hearing the Planning Commission will forward their recommendation to the City Council for a final determination on the Nightly Rental License application. The City Council may deny, approve or approve with special conditions the Nightly Rental License application.

   C.   One Structure: Each nightly rental must occur within and under one roof of a dwelling and not in a structure that is temporary. Accessory structures can create multi-family zoning and shall not be used as nightly rentals. More specifically, a detached casita, garage, workshop, mother-in-law building, etc. cannot be used exclusively as a nightly rental without the simultaneous use of part or all of the dwelling as well.

   D.   Parking: A minimum of four (4) nine feet by 18 feet (9' x 18') parking spaces are required. Two of those spaces must be available exclusively for nightly rental use. There shall be no overnight on-street parking by guests or residents.

   E.   Maximum Guests: The maximum number of occupants per dwelling being used for nightly rental shall be the lesser of ten (10) (including the owner and his/her family), or that which is allowed by any Safety Code adopted by the City.

   F.   Response Time: The owner or other person designated as the property manager/emergency contact shall respond to complaints and/or concerns within thirty (30) minutes of any phone call or other notification and be on site within one (1) hour if necessary. Failure of the owner or property manager to respond may result in a violation and possible fines to the business license holder and property owner.

   G.   Nightly Rental Ownership Limitation: Neither a natural person applicant nor a principal of a business entity applying for a Nightly Rental License shall have an ownership interest in more than one (1) dwelling wherein nightly rentals occur within the City. One person residing in the same dwelling shall not have ownership interest in more than one (1) dwelling wherein nightly rentals occur within the City.

   H.   Limit on Total number of Nightly Rental Licenses:

      1.   The maximum number of nightly rental business licenses issued will be set at five percent (5%) of the total number of “Eligible Culinary Connections” within Toquerville City limits. For purposes of this Subsection, the term “Eligible Culinary Connections” is defined as all residential culinary connections within the City except for those residential culinary connections located within a development in an MPDO Zone where the developer has elected to allow a Nightly Rental Development in their commercial planning areas.

      2.   The total number of Nightly Rental Licenses available shall be continually updated as the number of new culinary connections increase.

      3.   Once the maximum number of Nightly Rental Licenses have been issued, any new application that meets all of the application requirements shall be placed on a waiting list in order of the date of receipt. The waiting list shall be capped at ten (10) applications. No fees will be due until a license becomes available. When a license becomes available, the first applicant on the waiting list shall be notified of the license availability. From the date of notification, the applicant shall have fifteen (15) days to resubmit a complete application and pay the required application fee. The applicant must complete the licensing process within sixty (60) days thereafter. If the applicant fails to resubmit a complete application within fifteen (15) days, or fails to complete the licensing process within sixty (60) days, the application will be deemed expired. The next applicant will then be notified of the license availability and shall then follow the same procedure.

   I.   Minimum Distance: Properties used for nightly rentals shall have a minimum separation of five hundred feet (500'). This will be measured in a straight line from the closest point of one nightly rental Dwelling to the closest point of the other.

   J.   Dwelling Modifications: Any modifications to the appearance and size of a Dwelling to accommodate and facilitate a nightly rental should be in keeping with the residential character of the neighborhood within which the Dwelling is located.

   K.   Penalties: Upon finding a violation under this Chapter and Section, the following penalties and requirements shall apply:

      1.   First Violation: Two Hundred Fifty Dollars ($250.00).

      2.   Second Violation: One Thousand Dollars ($1,000.00).

      3.   Third Violation: Two Thousand Dollars ($2,000.00).

      4.   Fourth Violation: Nightly rental license automatically revoked.

      5.   Review: Upon the second or subsequent violation of this Section, there shall be a mandatory review conducted before the City’s Planning Commission, who shall have the ability and right to revoke the Nightly Rental License in its sole and absolute discretion. Revocation of a Nightly Rental License, for any reason shall result in a minimum twelve (12) month waiting period before any new application. Revocation shall run with the land. Upon revocation, there is no guarantee of any future issuance of a Nightly Rental License and all applications will be processed under the then current ordinances. Failure to pay the fine within thirty (30) days of its issuance shall constitute grounds for automatic revocation of the owner’s Nightly Rental License.

      6.   Enforcement: In addition to the fines set forth in this subsection, all violations of this chapter and section may constitute a misdemeanor as per 1-4-1 of the Toquerville City Code and may be enforced in compliance with Chapter 5 of this Title.

   L.   Revocation of License: The Nightly Rental License may be revoked at any time, upon notice and a hearing conducted by the Planning Commission, should the use of a dwelling for nightly rental become a nuisance per Title 4, Chapter 1 of this Code.

   M.   Annual Renewal of Nightly Rental License:

      1.   Application: A Nightly Rental License has a duration of one year and must be renewed annually. For renewal, an applicant must submit a renewal application in a form set by the city staff.

      2.   Fire Inspection: To receive an annual renewal, the nightly rental must pass an annual fire inspection. The Fire inspection shall be scheduled with the Hurricane Valley Fire District and be performed within forty-five (45) days prior to the renewal. Zoning Administrator may extend the deadline to complete the fire inspection based on inspector availability.

   N.   Action on Renewal Application: Each renewal application shall be approved, approved with additional conditions, or denied by the city’s zoning administrator. If the city has received more than two (2) complaints from neighbors or others regarding a nightly rental during the previous twelve (12) months, the Zoning Administrator shall defer the decision of renewal to the Planning Commission who shall hear the matter at their next regularly scheduled meeting where adequate notice is appropriate, allowing the applicant/license holder to be present and speak in defense of why the Nightly Rental License should be renewed.

   O.   Log: The holder of the Nightly Rental License shall maintain and provide, upon request, the name, and phone number of all renters.

   P.   Business License Required; Room Tax: Applicant must apply for and obtain a business license pursuant to Title 3, Chapter 1 of this Code and pay the current Transient Room Tax applicable to motels and hotels within the City.

      1.   The business license must be displayed in a prominent location within the nightly rental.

       2.   Operating a nightly rental without a business license shall constitute a Class B misdemeanor and shall be enforced in compliance with chapter 5 of this Title.

   Q.   Fees: Applicant must pay all applicable fees including an annual Nightly Rental License fee to maintain their license. The amount of said annual Nightly Rental License fee shall be set and adjusted by the City and set forth in the City’s Uniform Fee Schedule.

   R.   Health Requirements: Applicants/license holders shall ensure that the dwellings in which nightly rentals occurs complies with all local, State and Federal Health Codes, regulations, and requirements.

   S.   Signage: Signs for nightly rentals shall conform to the requirements of Chapter 22 of this Title.

   T.   Exclusions: Hotels, Motels and RV Parks shall not be held to the requirements of this section. RV Parks shall conform to the requirements of Section 10-29-1 (RV Parks).

   U.   Exceptions: The Nightly Rental of model homes located within a subdivision or which sales will be made, will be allowed with the following conditions:

      1.   The subdivision shall be planned for more than one hundred (100) dwellings.

      2.   No more than ten (10) model homes used as a Nightly Rentals shall be allowed per subdivision. Once the development has been sold out at 90% then the exception shall be voided within two (2) years.

      3.   All other requirements of this Section 10-17-3 shall be met except for 10-17-3(G), (H) and (I).

      4.   A conditional use permit is issued by the Planning Commission.

(Ord. 2018.06, 10-11-2018; amd. Ord. 2020.01, 1-9-2020; Ord. 2020.04, 2-13-2020; Ord. 2022.09, 8-25-2022; Ord. 2023.12, 5-17-2023; Ord. 2023.13, 5-17-2023; Ord. 2023.17, 7-19-2023; Ord. 2024.05, 5-1-2024)

   Model homes shall be located within the subdivision for which sales will be made. The home may be offered for sale as a subdivision residence at any time, so long as a permanent certificate of occupancy has been obtained from the Building Department.

(Ord. 2017.03, 5-11-2017)