The regulations hereinafter set forth in this chapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this ordinance.

Any lot legally held in separate ownership at the time of passage of this ordinance, which lot is below the requirements for lot area or lot width for the District in which it is located may be used for a single-family dwelling if such lot is located in a district which permits single-family dwellings. The width of each of the side yards for such a dwelling may be reduced to a width which is not less than the same percentage of the lot width as the required side yard would be of the required lot width, provided that in no case shall the smaller of the two yards be less than five feet or the total width of the two yards be less than thirteen feet.

Except for planned unit development and cluster sub-divisions, and as otherwise provided in this Ordinance, every lot, existing or intended to be created, shall have such area, width and depth as is required by this ordinance for the district in which such lot is located. All building lots for dwellings shall have improved frontage upon a public street. When the owner of any lot requests a building permit for a dwelling, that owner will be required to extend any adjacent street and/or service the entire width of the parcel, as required by the Planning Commission. Exception: If the service or street described above is deemed to serve no part of the City, or is a "dead-end" street, the City may, at its discretion, choose not to extend the service or street.

The land owner may also apply for relief from the decision.

1. Improved frontage upon a public street shall include:
   1. A dedicated right-of-way of not less than sixty (60) feet, with a paved surface width of thirty-five (35) feet across the width of the lot when curb and gutter are installed. Paving shall be 24 feet when curb and gutter are waived.
   2. An eight-inch water line to and across the width of the lot, including a connection to the Willard City water system and a fire hydrant at a location as determined by the City. Pipe may be reduced in diameter, if allowed by the fire code.
   3. Utility easements ten feet wide across the front and rear of the lot as well as along one side of the lot, extending for the full depth of the lot.
2. Flag Lots may not be created in any Zone. Flag lots are defined in Figure 1, below. Flag lots are created when a parcel, having less than 200 feet frontage on a public street is divided.
   
   Figure 1
   
   
3. Parcels within any Zone that have less than 200-foot frontage on a public street may not be subdivided regardless of the area of the parcel. Exception: If created as part of a planned unit development (PUD), parcel frontage on a cul-de-sac may be allowed as a conditional use. * (See WZC 24.44.040, Table II, Item 3.)
   * Or as a 2 lot in-fill subdivision within the city limits between 200 North to 200 South and 200 East to 200 West. A subdivided lot must have 1 (one) lot with 100 ft. frontage and the second lot must have a minimum of 85 ft. frontage.
4. Any re-zoning of any lot or parcel which includes proposed roads shown on the Willard City Land-Use Map will require granting of an easement to the city which encompasses the proposed road. Any Sub-dividing, or developing of any lot or parcel, which includes proposed roads shown on the Willard City Land-Use Map, will require dedication of the proposed road to the city. Improvements to the dedicated roads will be as required in this chapter of the Willard City Zoning Ordinance and the Willard City Subdivision Ordinance. Exception: Proposed roads on undeveloped remainder parcels of partially developed parcels need not be dedicated to the city, but will require the granting of an easement which encompasses the proposed road.

Every dwelling structure shall be located and maintained on a separate lot having no less than the minimum area, width, depth and frontage required by this Ordinance for the District in which the dwelling structure is located, except that group dwellings, cluster dwellings, condominiums, and other multi-structure dwelling complexes under single ownership and management, which are permitted by this Ordinance and have approval from the planning commission, may occupy one lot for each such multi-structure complex.

No required yard or other open space around an existing building or which is hereafter provided around any building for the purpose of complying with the provisions of this Ordinance shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space be on a lot whereon a building is to be erected or established.

On any interior lot where a private garage, containing a sufficient number of parking spaces to meet the requirements of this Ordinance, has a side yard equal to the minimum side yard required for a dwelling in the same district, the width of the other side yard for the dwelling may be reduced to equal that of the minimum required side yard; and on any lot where such garage has such side yard, the rear yard of the dwelling may be reduced to fifteen feet, provided the garage also has a rear yard of at least fifteen feet.

No space needed to meet the width, yard, area, coverage, parking, or other requirements of this Ordinance for lot or building may be sold or leased away from such lot or building.

No parcel of land which has less than the minimum width and area requirements for the zoning district in which it is located may be divided from a larger parcel of land for the purpose, whether immediate or future, as a residential building lot.

Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard, the ordinary projections of skylights, sills, belt courses, cornices, chimneys, flues, and other ornamental features which project into a yard not more than two and one-half feet, and open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers projecting into a yard not more than five feet.

No accessory building nor group of accessory buildings in any residential district shall cover more than twenty-five percent of the rear yard.

Public and quasi-public utility buildings, when authorized in a district, may be erected to a height greater than the district height limit by conditional use permit.

Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilation fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless or television masts, theater lofts, silos, or similar structures may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for purposes of providing additional floor space.

No dwelling shall be erected to a height less than one story above grade.

No building which is accessory to a one-family, two-family, three-family or four-family dwelling shall be erected to a height greater than one story or twenty feet. For Accessory Dwellings refer to the height regulations in Section 24.96 of the Willard City Zoning Code.

No obstruction restricting a clear view of oncoming traffic shall be in excess of two feet in height. However, chain link or other type of fences which do not restrict vision and/or create a safety hazard may be allowed even though they are in excess of the two foot limitation.

1. Fences, walls, and hedges may be erected or allowed to the permitted building height when located within the buildable area, provided that any physical structure over six feet in height shall require a building permit.
2. Fences, walls, and hedges which restrict oncoming vision, and/or create a safety hazard, may not exceed two feet in height within any required front yard or side street yard.
3. Fences, walls, and hedges may not exceed six feet in height within any required rear yard or interior side yard.
4. Notwithstanding any other provision herein, no fence, wall, or hedge exceeding two feet, which restricts oncoming vision or creates a safety hazard, shall be erected or allowed closer to any street line than the required building set back line.
5. For purpose of this section, single shrub planting shall not constitute a hedge if the closest distance between the foliage of any two (2) plants is and remains at least five feet.
6. Where a fence, wall, or hedge is located along a property line separating two lots and there is a difference in the grade of the properties on the two sides of the property line, the fence, wall, or hedge may be erected or allowed to the maximum height permitted on either side of the property line.

In all cases where a proposed building or proposed use will involve the use of sewage facilities, and a connection to a public sewer system as defined by the Utah State Division of Environmental Health is not available, the sewage disposal system shall comply with the requirements of the Bear River Health Department. A building permit application shall be accompanied by a certificate of approval from the Bear River Health Department. Above ground sewerage systems will not be approved in Willard City. In addition to the private sewage treatment facility noted above, all new construction requiring sewer systems will be provided with a "roughed-in" building sewer extending from the building to the property line, for future connection to the public sanitary sewage system.

The installation of curb, gutters, sidewalks or an alternate substitute may be required by the Planning Commission and/or Governing body on any existing or proposed public street. The intent is to provide adequate water drainage, reduced flood hazard and protect the health, safety, improvements, property or the general welfare of the persons residing in the area. Curb, gutters and sidewalks are not required if the street frontage is consistent with the surroundings or conditions of the immediate area and do not conflict with the planned area development. Curb, Gutters and sidewalks may be required in residential housing developments, recreational vehicle or mobile home parks, planned unit developments, school zones, church zones, commercial zones, and/or streets of high traffic intensity. Such curbs, gutters and sidewalks may be required as a condition of building, development or conditional use permit approval.

Wherever a front yard is required for a lot facing on a street for which an official map has been recorded, the depth of such front yard shall be measured from the mapped street line provided by the official map.

Lots with frontage on private streets shall be allowed by conditional use permit in a planned unit development only, and subject to all applicable requirements of this Ordinance and the Sub-division Ordinance.

All residential and commercial building shall conform to the requirements of Willard City General Ordinances, Chapter 9-500-Building Ordinance of Willard City.

1. Lot-line adjustments may be approved by the Planning Commission, provided:
   1. No new dwelling lot or housing unit results from the lot-line adjustment;
   2. The adjoining property owners consent to the lot-line adjustment;
   3. The lot-line adjustment does not result in remnant land that did not previously exist;
   4. The adjustment does not result in violation of applicable zoning.
   5. Parcels located in recorded subdivisions must meet the requirements of Utah Code § 10-9a-608.
2. Applicants (petitioners) will complete an application for a hearing with the Planning Commission, and submit it to the city office accompanied by a non-refundable application fee. Adjoining property owners, affected by the adjustment will complete a concurrence form to accompany the application.
3. Resulting parcels must be in compliance with present zoning requirements.
4. Settlement of property line conflicts resulting from new surveys may be accomplished using lot-line adjustment. Date of the previous conflicting survey will be considered as the basis for determination of compliance with present zoning requirements.
5. The application must include a complete legal description of the resulting parcels or a report of survey plat supporting the lot-line adjustment. Parcels with a change in perimeter, conflict resolution, or other complications, will require a report of survey plat. The report of survey shall include:
   1. Basis for survey;
   2. Property corners,
   3. Dimensions of resulting parcels;
   4. Legal description of resulting parcels;
   5. Identification of adjacent streets and parcels;
   6. Surveyor's Certificate; and
   7. Affidavit of consent of owners, when two or more are involved. (May be separate document.)
6. The zoning administrator will check the survey report for compliance with the Utah Code and present the package to the Planning Commission.
7. The Planning Commission will hear the application and will review the application package for compliance to zoning ordinances and this procedure. If the application package is deficient or the adjustment fails to meet the requirements, it will be returned to the applicant without further action. The applicant may reapply at the following Planning Commission Meeting. Formal complaints may be made to the City Council.
8. Upon their approval the Planning Commission will authorize the zoning administrator to issue a letter or certificate of compliance to the Willard City Zoning Ordinance. The letter will be issued to the applicant for presentation to the County Recorder at the time of recording of the revised deeds.
9. Completed Lot Line Adjustments will be reported to the City Council on a monthly basis.

The purpose of this section is to accomplish the following:

1. To promote the public health, safety, and welfare by requiring short-term rentals to be safe and fit for human occupancy;
2. To provide contact information, through licensing, for each short-term rental to allow problems to be resolved expeditiously;
3. To provide consistency with licensing of all other businesses in the city by requiring licensing of short-term rentals;
4. To allow an existing residential dwelling to be used and occupied as a short-term rental while also maintaining its character and function as a dwelling; and
5. To minimize the impact of short-term rentals on adjacent properties, residential dwellings, and surrounding neighborhoods.
   

Short-Term Rental. Temporary lodging located in a residential dwelling for charge or fee and for a rental period of less than thirty (30) continuous days. A Short-Term Rental excludes hotels, motels, bed & breakfast establishments, and Accessory Dwelling Units.

1. No dwelling or structure shall be occupied or used as a Short-Term Rental within the corporate limits of Willard City without the owner having first obtained a conditional use permit, and Short-Term Rental business license from Willard City.
2. All Short-Term Rentals must obtain a conditional use permit. A conditional use permit may be granted by the Planning Commission for a Short-Term Rental, provided that the requirements of this section are met in addition to the requirements of Chapter 12-105.
3. The granting ofa conditional use permit for a Short-Term Rental shall not exempt the owner and/or applicant from meeting other applicable ordinances, covenants, or law.
4. No Short-Term Rental may used by an individual for more than twenty-nine (29) consecutive days or for more than sixty (60) days within a three-hundred sixty-five (365) day period.

An application for a Short-Term Rental business license and conditional use permit shall conform to the requirements of the Willard City Code and shall also include the following information:

1. A detailed floor plan drawn to scale with labels on rooms indicating uses or proposed uses;
2. A copy of the Utah State tax license number for remittance of transient lodging taxes;
3. The name and contact information of the owner, and if applicable, the designated local contact, residing in the State of Utah, who is authorized by the owner for service of process.

1. The fee for a Short-Term Rental license shall be as set forth in the fee schedule adopted by the Willard City Council;
2. The business license shall be paid annually and shall be due and payable on or before the license expiration date of owner's application for a business license. A license shall be delinquent if paid after said date in the year for which it is due.

1. All Short-Term Rental properties shall, at all times, have a designated local contact or property manager that resides within one (1) hour travel time of the property. The property owner shall provide the registered local contact person's contact information at the time of submission of their application. The local contact shall be available twenty-four (24) hours per day to respond to questions or concerns.
2. Upon receipt of a notification regarding a complaint, the designated local contact shall contact the occupant of the Short-Term Rental and resolve the issue giving rise to the complaint. The designated local contact shall have sixty (60) minutes from the time of notification of a complaint to resolve the problem giving rise to the complaint. Failure to resolve the problem within sixty (60) minutes shall constitute a violation of this code unless the designated local contact can demonstrate that they contacted the occupant ofthe Short-Term Rental within sixty (60) minutes and attempted to resolve the problem but were unable to do so. In that event, the designated local contact shall visit the Short-Term Rental property to address the problem and resolve the complaint if reasonably possible within sixty (60) minutes thereafter.
3. Failure to resolve any complaints as required in this Section, may be a violation of this chapter and may be caused for the issuance of enforcement action, criminal penalties, administrative fines, and potential termination of business licensing. The City may take enforcement action against a Short-Term Rental for any violation of this Section separately from and in addition to any enforcement action taken to address the violation underlying the complaint, if any.
4. The Short-Term Rental floor plan and principal function shall remain as a residential dwelling to be used for its main purpose when not used as a Short-Term Rental.
5. Each Short-Term Rental unit shall meet the zoning, building code requirements for installation, maintenance, and operation in effect at the time the Short-Term Rental unit was legally permitted.
6. Each sleeping room must meet current international code requirements for egress and be equipped with smoke and carbon monoxide detectors. A fire exiting plan and maximum occupancy number must be posted in each sleeping room.
7. Each Short-Term Rental shall comply with the noise ordinance of the Willard City Code. Quiet hours shall be established, posted, and enforced for the Short-Term Rental which shall be between the hours of eleven o'clock (11:00) p.m. and seven o'clock (7:00) a.m.
8. The Short-Term Rental owner and designated local contact, upon notification that the Short-Term Rental occupants and/or their guests have created unreasonable noise or disturbances or violated any provision of the Willard City Municipal Code pertaining to noise or disorderly conduct, will promptly act within sixty (60) minutes to prevent continuation and/or reoccurrence of such conduct by those Short-Term Rental occupants and/or their guests.
9. No later than ten (10) days following the issuance of a Short-Term Rental license, the property owner shall disseminate the designated local contact information, a copy of the conditional use permit, and a copy of the Short-Term Rental license to all properties located within a three hundred (300) foot radius of the Short-Term Rental. The property owner shall also mail the same information to each property owner of record as listed with the Box Elder County Recorder's office within the three hundred (300) foot radius. Proof of mailing and a copy of the information sent to residents and adjoining property owners shall be provided to the Willard City Recorder within fourteen (14) days of mailing.

1. The owner of any property licensed as a Short-Term Rental shall provide off street parking for their guests in accordance with the following:
   1. Off street parking shall be provided on the same lot as the dwelling which is licensed as a Short-Term Rental.
   2. Parking shall be provided at one (1) vehicle per bedroom. Tandem spaces on a driveway may be used. The number of vehicles allowed by occupants of the Short-Term Rental shall be restricted to the number of off-street parking spaces provided by the owner.

1. The owner of a Short-Term Rental shall include with their renewal application evidence that minimum Utah State Sales Tax and Transient Taxes were submitted for the prior year.
2. Failure to renew the business license within thirty (30) days of the license expiration date may result in revocation of the Short-Term Rental license and subject the property to the license limitations or forfeiture as outlined in Willard City Code.

A business license for a Short-Term Rental is not transferable. Any owner holding a license shall give written notice within thirty (30) days to the City Recorder after having transferred or otherwise disposed of legal or equitable control of any Short-Term Rental. Such notice of transferred interest shall include the name, address, and information regarding the person(s) or entity succeeding to the ownership or control thereof. The new owner shall obtain a Short-Term Rental license within thirty (30) days of the date of purchase and as required by this Chapter.

The following information must be posted in a clear, concise, and unambiguous manner in a conspicuous location inside all Short-Term Rentals:

1. A copy of the Short-Term Rental license.
2. The name, address, and phone number of the owner/property manager.
3. Emergency exit plan and the location of all fire extinguishers.
4. A list of all rules applicable to Short-Term Rentals.
5. The maximum occupancy of the Short-Term Rental, the maximum number of vehicles allowed, and the location of parking stalls.

1. The City or authorized agency shall conduct a safety inspection of the Short-Term Rental at the time of application for the initial Short-Term Rental license. Short-term Rental license renewals will not automatically require subsequent re-inspections unless the City Planner, in their discretion, determines a renewal inspection is necessary.
2. The City or other authorized agency shall be permitted to inspect any Short-Term Rental unit to enforce any part of this title or any other applicable statute or ordinance if the Short-Term Rental unit has a recorded and valid complaint. Complaints may be submitted by any person including a Willard City employee.
3. No owner, occupant, or any other person having charge, care, or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to properly permit entry therein by the business license official or their designee for the purpose of inspection and examination to ensure compliance with this title. If the property owner or other responsible person refuses to allow an inspection, the business license official or their designee may obtain and execute an administrative search warrant.

1. Violation of any of the provisions of this Chapter may be punishable by a Class B misdemeanor upon conviction and subject to a $750.00 fine.
2. Any Short-Term Rental that fails to comply with any duty imposed under this chapter may face suspension, denial, or revocation ofa Short-Term Rental License and/or business license.

The owner of a Short-Term Rental shall have the right to appeal by filing a written notice of appeal within 15 days of the receipt of the notice of denial, suspension, revocation of a Short-Term Rental and/or business licenses to the Hearing Officer of Willard