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Uintah City Zoning Code

CHAPTER 23

RESIDENTIAL RENTALS; LONG AND SHORT TERM

9-23-1: PURPOSE AND LIMITATIONS:

The purposes of this chapter are to strengthen the City's values of community, family, and safety while maintaining rights of property owners by permitting rental, both long and short term according to the standards of this chapter, to protect the integrity and characteristics of the land use districts, and to require that rentals be conducted in a manner that is consistent with neighborhood usage. (Ord. 258-20, 9-1-2020)

9-23-2: DEFINITIONS:

As used in this chapter:
   LONG TERM RENTAL: Means a lodging facility in a single-family dwelling unit, or in an accessory dwelling unit (ADU), occupied by a single group on a semi-permanent basis for more than thirty (30) consecutive days.
   OCCUPANTS: Mean the persons renting or residing in a short-term or vacation rental dwelling unit.
   PETS: Mean dogs, cats, other domesticated animals, and any other animals that the occupants of a short-term or vacation rental bring onto the premises.
   RESPONSIBLE PARTY: Means the owners and local representatives of the rental property.
   SHORT TERM RENTAL: Means a transient lodging facility in a single-family dwelling unit, or in an accessory dwelling unit (ADU), occupied by a single group on a temporary basis for less than thirty (30) consecutive days as an alternative to a hotel or motel. (Ord. 258-20, 9-1-2020)

9-23-3: CONDITIONAL USE PERMITS REQUIRED:

   A.   Permits: A conditional use permit shall be required for each unit used as a residential rental, long and short term, regardless of the zone, type, or primary use of the property. Long-term rentals are defined as rentals of ninety (90) days or more, while short-term rentals are defined as rentals of less than ninety (90) days. A conditional use permit for short-term rentals shall be subject to a ninety (90) day internal review followed by another ninety (90) day internal review, then a one hundred eighty-five (185) day internal review within the first year. If the applicant maintains full compliance, the permit shall be subject to annual review and renewal, contingent upon compliance with all applicable rules and regulations. Periodic applicant reviews are always at the discretion of the city.
   B.   Application For Permit: The application for a conditional use permit shall be signed by the owner of the property on which the 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.
      3.   The number of off-street parking stalls available for occupants;
      4.   The application fee established in the appropriate resolution.
   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.   Apply for and pay the annual City business license fee, with the license to be issued after the conditional use permit is granted.
      2.   Obtain an inspection by the Fire Marshal to ensure compliance with fire safety provisions and occupancy requirements. (Ord. 258-20, 9-1-2020; amd. Ord. 292-24, 11-19-2024)

9-23-4: NOISE AND OCCUPANCY:

The responsible party shall regulate the occupancy of the short-term or vacation rental and ensure that:
   A.   Owners or keepers of any pets on 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.
   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.
   F.   Quiet hours shall be enforced between ten o’clock (10:00) P.M. and seven o’clock (7:00) A.M. Occupants shall not engage in any activity that disturbs the peace of surrounding residents, including but not limited to outdoor gatherings, loud music, or disruptive behavior. (Ord. 258-20, 9-1-2020; amd. Ord. 292-24, 11-19-2024)

9-23-5: PARKING:

An off-street parking stall shall be provided for each vehicle the occupants bring to the rental. Vehicles parked at the 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.
   A.   Each short-term rental unit must provide sufficient off-street parking for all guests. A parking plan detailing how parking will be managed must be submitted with the license application and shall be reviewed annually. (Ord. 258- 20, 9-1-2020; amd. Ord. 292-24, 11-19-2024)

9-23-6: SIGNAGE:

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. 258-20, 9-1-2020)

9-23-7: MAINTENANCE AND STANDARDS:

Any property that contains a dwelling which is licensed as a 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 within the unit.
   F.   All rental properties shall be subject to a periodic review with a minimum frequency of once per year and an annual safety inspection to verify compliance with fire and safety codes. Properties must also ensure safe ingress and egress, including unobstructed pathways and clearly marked exits. Properties must have functioning smoke detectors, carbon monoxide detectors, and accessible fire extinguishers in all habitable areas. (Ord. 258-20, 9-1-2020; amd. Ord. 292-24, 11-19-2024)

9-23-8: COMPLAINTS AND VIOLATIONS:

   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. 258-20, 9-1-2020)

9-23-9: ADDITIONAL REQUIREMENTS FOR SHORT TERM RENTALS:

   A.   Each short-term or vacation rental owner shall collect and remit Sales, Resort, and Transient Room Taxes to the Utah State Tax Commission.
   B.   Each short term rental shall have posted within the unit and with any listing service (website, brokerage) these minimum house rules:
      1.   Park in designated off street areas only.
      2.   Only registered guests are permitted on property. No parties.
      3.   Quiet time: Ten o’clock (10:00) P.M. - seven o’clock (7:00) A.M.
   C.   Short-term rentals shall be limited in number by a cap determined annually by the planning commission. Licenses for short-term rentals shall not be issued for non-owner-occupied properties within five hundred (500) feet of an existing short-term rental to prevent clustering, except if the property was owner-occupied for at least one (1) year by the same owner renting the property. Such exceptions shall be at the sole discretion of the city for approval.
   D.   All short-term rental operators must carry liability insurance that covers property damage and personal injury. Proof of insurance must be submitted annually with renewal application.
   E.   Owners or responsible parties must notify all neighbors within a two hundred (200) foot radius of the property’s status as a short-term rental. A “Good Neighbor Policy” outlining acceptable behaviors and contact information for the owner or local representative shall be distributed annually.
   F.   All advertising for short-term rentals must comply with Uintah City standards. Advertisements should include accurate descriptions of the property, adherence to occupancy limits, and clear indication of required permits.
   G.   For non-owner-occupied short-term rentals, either the owner or an authorized representative must be located no more than thirty (30) minutes travel time away from the property. Typically, this requirement should cover a radius of approximately twenty (20) to twenty-five (25) miles, depending on traffic conditions. The owner or representative must be available to respond promptly to any issues or emergencies.
   H.   All short-term rental bookings must have a minimum stay of two (2) nights, and automatic bookings are not allowed. This restriction aims to prevent last-minute parties or suspicious activity and ensure responsible use of the property. (Ord. 258-20, 9-1-2020; amd. Ord. 292-24, 11-19-2024)

9-23-10: ADDITIONAL REQUIREMENTS FOR LONG-TERM RENTALS:

   A.   Lease Agreement Standards: All long-term rentals agreements must include clear definitions of terms, rental amount, lease duration, and termination procedures.
   B.   Tenant Screening: Owners or managers must perform tenant screening, including background checks, prior to occupancy.
   C.   Property Maintenance: Properties must undergo routine inspections to ensure compliance with safety and habitability standards.
   D.   Property Manager Availability: A local property manager or representative must be available to respond to emergencies within twenty-four (24) hours. (Ord.292-24, 11-19-2024)

9-23-11: VIOLATIONS AND PENALTIES:

   A.   Violations: Any violations of the provisions of this chapter shall subject the property owner and/or responsible party to enforcement actions consistent with the Uintah City Code and applicable state laws. Violations may include, but not limited to, failure to maintain property standards, non-compliance with safety regulations, or conducting rental activities without a valid conditional use permit.
   B.   Criminal And Civil Penalties: Violations may be punishable as a criminal offense in accordance with Utah State Code. Property owners and responsible parties may be subject to fines, penalties, and other legal remedies available under local and state laws.
   C.   Suspension And Revocation Of Permits: Upon the issuance of a third violation within a twelve (12) month period, the conditional use permit for the rental property may be subject to suspension or revocation by the planning commission. A show-cause hearing shall be held to determine whether the permit should be revoked, suspended, or it additional conditions should be imposed to ensure compliance.
   D.   Re-application Restrictions: If a permit is revoked due to violations, the property owner shall not be eligible to reapply for a new permit for a period of twelve (12) months from the date of revocation. Re-application shall be contingent upon the correction of all violations and compliance with the provisions of this chapter. (Ord. 292-24, 11-19-2024)