1007 Short Term Residential Rental Unit as a Conditional Use

It shall be unlawful for any person to rent for less than thirty (30) days a residence without possessing and maintaining a Conditional Use Permit for a Short Term Rental (STR) as required by this ordinance. For this Section of the Ordinance, the word “permit” means the same as “Conditional Use Permit”. Only the property owner(s), shall be allowed to hold a permit. A residence providing short-term rentals, when allowed as a Conditional Use, shall be approved only in accordance within this Chapter. 1) General Provisions: a) The short-term rental of residential property in Dutch John shall be allowed only after obtaining a Conditional Use Permit and subject to the density limitations established in this Section and verification that the property remains in good standing in accordance with this ordinance and the conditions of approval. b) Only the legal owner(s) of record of the property shall be eligible to apply for and hold an STR Permit. c) All Short Term Rental permits issued for the dwelling unit shall be reviewed and inspected for compliance annually. The renewal fee must be paid and is listed in the Town’s Consolidated Fee Schedule. d) Each owner and his agent renting or leasing a short-term residential rental unit shall maintain that unit in a condition fit for human habitation and in accordance with this ordinance and the rules of the Tri-County Health Department. Each short-term residential rental unit shall have electrical systems, heating, sanitation plumbing, and hot and cold water. e) No alcoholic beverages shall be sold on the premises. f) No receptions, banquets, or catering shall be permitted other than for registered lodgers. g) No signs shall be permitted on the premises that advertise the use. h) Renters of short-term residential rental units shall not create excessive noise that is incompatible with adjacent land uses. i) Each short-term residential rental unit owner shall keep a register of guests. Such registration or list shall include the names and addresses of all guests and be available for inspection by the Town Council at any time. j) Renters may not occupy recreation vehicles or tents during their stay. 2) Density Restrictions: a) Short-term rental permits shall be limited as follows: i) A maximum of ten percent (10%) of the total number of dwelling units within the R3 zoning district; ii) A maximum of thirty percent (30%) of the total number of dwelling units within any Resort Residential zoning district. iii) Short-term rentals will not be permitted in any other zones. b) The total number of allowable short-term rental permits shall be calculated based on the number of legally established dwelling units within each zoning district as determined by the Town. c) Once the maximum number of permits has been reached within a zoning district, no additional permits shall be issued unless the total number of active permits falls below the allowable threshold. d) When the maximum number of permits allowed within a zoning district has been reached, the Town may establish and maintain a waiting list. Placement on a waiting list or submission of an application does not guarantee approval of a Short-Term Rental Permit. Permits that are revoked, expired, or voluntarily surrendered may be reissued to applicants on the waiting list. 3) Application Requirements: a) The subject property shall contain a legally established dwelling unit that is fully constructed, complete, and habitable at the time of application. Applications for short-term rental permits shall not be accepted or approved for vacant parcels, properties under construction, or structures that are not yet habitable. For purposes of this Section, “habitable” shall mean that the dwelling unit: i) Has received all required final inspections or a certificate of occupancy, where applicable; ii) Is equipped with functioning electrical, plumbing, heating, and sanitation systems; and iii) Is suitable for human occupancy in compliance with applicable building and health codes. b) The application must be filled out completely and all required fees paid before the application will be considered. All STR permits shall be issued on a first-come, first-served basis unless an alternative method is adopted by the Town. c) After application is made and the details of the subject property are known a full set of Conditions for Approval will be detailed on the Addendum portion of the application and must be met in order to be considered for a Short Term Rental Conditional Use Permit Certificate to be issued. d) Upon receipt of a completed Short Term Rental Unit conditional use permit application, the applicant shall notify all persons with real property within three hundred (300) feet of the proposed STR location. 4) Conditions for Approval (as follows but not limited to): a) Initially and every year thereafter, the Property Owner/Applicant shall send a letter to every residence within 300’ of the subject property stating the status of the Property as a nightly rental unit including all the conditions of approval. Additionally the letter must state the name and phone number and e-mail address of the manager of the property to whom complaints (if any) should be made. Written complaints should also be filed with the Planning and Zoning Commission as they occur. (Regular violations of the conditions for approval are cause for revocation of the permit.) b) An initial inspection by the Town Building Inspector will be made to ensure that the property is in compliance with the current Building Codes as are applicable to the use for which the Conditional use permit is being sought. The cost of this inspection will be included in the permit application fee, however, in the advent of failing the initial inspection each subsequent inspection will be paid for by the applicant at the then approved hourly rate for the building inspector. The permit will not be issued until these fees (if any) have been paid. c) The supervision, maintenance and trouble-shooting of the short-term rental business shall be provided by the owner as defined herein and shall be available on a 24-hour per day basis. One name plate sign not to exceed three inches by five inches made of durable weather-resistant material containing the name and telephone number of the owner or the owner’s designated agent, as defined herein, who can be contacted 24 hours a day shall be permanently and conspicuously attached to the building near the front entrance. Such name plates shall not contain any advertising. d) A local emergency contact person must be provided along with a phone number and address. This contact person must live within a fifteen (15) minute drive from the property. e) Required parking areas and access to parking areas shall be maintained and available for use at all times. Parking for this use shall be contained on the site, and shall not be allowed on the public rights-of-way; and snow shall be removed as outlined in state and local codes. f) There shall be no cooking facilities allowed in guest rooms. g) A Town business license and a tax ID number shall be obtained within 30 days of approval of the Conditional Use Permit and prior to renting. Sales and Transient Room taxes must be collected and remitted to the proper authority. For Sales and Transient Room tax purposes the business shall be domiciled in the Town of Dutch John and/or Sales and Transient Room Taxes will be paid such that the Town of Dutch John is the location where taxes are credited. h) Proof of adequate insurance must be provided. i) Proof that property taxes are current on the subject property. j) No more than four (4) occupants per room shall be allowed, and total occupants of the dwelling cannot exceed the number allowed by the Uniform Building Code. k) A fire escape plan shall be developed and graphically displayed on the door in each guest room and a copy must be submitted with the application. l) A notification to guests shall be prepared and shall contain the residence rules and the fact that the residence is being rented under a Short Term Rental Conditional Use Permit that may be revoked if guest actions lead to complaints from neighbors of the residence. 5) Conditional Use Permit Reviews and Permit Retention: a) The owner must maintain a log of rental dates, renters and their addresses and make this information available to the Town Council upon request. b) Lapse of Operation. The active operation of the Short Term Rental unit shall not have lapsed for more than twelve (12) consecutive months or the permit process will start over again as if one had never been issued. c) A business license shall be maintained and renewed annually from the Town of Dutch John. Applications can be found on the Town’s website or by contacting the Town Clerk. d) Reviews will be conducted annually, but may also be conducted on an as-needed basis. e) The following items must be submitted with the annual review application to the Town Clerk; other items may be requested as needed: i) A copy of the current Town business license. ii) A copy of the Sales Tax License from the Utah State Tax Commission, showing that Dutch John is the registered address and outlet. iii) Updated emergency contact person information. iv) Building Inspector report indicating that the residence meets all requirements as a short-term rental. v) Proof of adequate insurance. vi) If the Conditional Use Permit has any additional conditions, those conditions will be reviewed. Proof that they have been or are still being met may be required. 6) Revocation or Modification of a Short Term Rental Permit: If there is cause to believe that grounds exist for revocation or modification of an approved Short Term Rental Conditional Use Permit, the Planning and Zoning Commission shall hold a public hearing on the question of modification or revocation of a Short Term Rental Conditional Use Permit granted under the terms and the provisions of this Ordinance. A Short Term Rental Conditional Use Permit may be modified or revoked if the Planning and Zoning Commission finds that one or more of the following conditions exist: a) The Short Term Rental Permit was obtained in a fraudulent manner. b) The use for which the Short Term Rental Permit was granted has now ceased for at least twelve (12) consecutive calendar months. c) One or more of the conditions of the Short Term Rental Permit have not been met. d) Documented complaints must be minimal and must have been successfully addressed by the owner in a timely manner. Original complaints should be reported and or documented to the owner at the time of violation using a form available from the Town Clerk. A copy must be submitted to the Town Clerk within 30 days by the aggrieved party. In the case of complaints involving immediate health or safety concerns, 911 should be called before contacting the owner. Recurring and or unresolved complaints could instigate an investigation and cause the permit to be revoked. Additionally, the Town of Dutch John Town Council, without the consent of the owner, may modify the conditions under which a Short Term Rental Conditional Use Permit was originally approved. If the Town Council finds that the use or related development constitutes or is creating a demonstrated nuisance the permit may be revoked. Should a permit be revoked, there shall be a waiting period of not less than 180 days before re-application will be considered.