(A) Defined. RESIDENTIAL SHORT-TERM RENTALS is occupancy of a dwelling on a single-family legal lot of record by a transient guest(s) renting the entirety of the dwelling, or any portion thereof, for any period between one to 29 consecutive nights pursuant to a conditional use permit (CUP).
(B) Allowed zones. RSTRs are allowed in the HDR Zone, the MDR Zone, the LDR Zone and the GMU Zone.
(C) Ownership, occupancy and residency. To qualify for a CUP under this chapter, the applicant must be an individual who is a resident of and whose primary domicile is in the town and who is also the principal owner of the subject lot for which the CUP is being applied for.
(1) To qualify for a CUP hereunder, the owner must comply with the following:
(a) Be a resident of the town and occupy their lot as their fixed, permanent and principal home and domicile for all legal purposes;
(b) Prove said primary residence within the town as defined by the County Assessor’s primary residency tax classification; and
(c) Not be registered to vote in any other jurisdiction.
(2) Dwellings eligible for RSTR status fall into two separate classifications, which are mutually exclusive and only one shall qualify for a CUP as follows:
(a) The primary dwelling or an ADU on the lot comprising the domicile and residence of the applicant, said lot containing the subject dwelling(s) shall not be occupied by RSTR guests in excess of 182 days per year; or
(b) A separate lot of record in the town which contains a dwelling separate and apart from the domicile of a resident-applicant, in which case said lot does not need to be occupied by the owner- applicant.
(3) No owner/resident shall own more than one RSTR property, nor be entitled to more than one CUP for an RSTR within the town:
(a) Owner and ownership is defined as any individual or entity as shown on the property tax records of the county:
1. Where the owner is an entity, be it a corporation, partnership, LLC, trust, conservatorship or otherwise, the individual who holds the majority interest in said entity; and
2. Other members of the applicant’s household, and other individuals claiming an ownership interest in the applicant’s entity, shall not be eligible for a CUP for any other lots in the town, notwithstanding the provisions of division (C)(2) above; and
(b) Only a resident owner, as defined herein, can apply for a CUP.
(4) In no event shall more than one of the qualified dwellings in division (C)(2) above be occupied by RSTR guests on any given day or at any given time; in no event shall more than one booking of an RSTR guest or group occupy a subject dwelling in any given time frame. Each guest or group occupying any qualified RSTR dwelling for any period of time must have reserved the property and paid for the booking in a single transaction.
(D) Limitation on number and type of RSTRs allowed.
(1) For purposes of this chapter, the town limits are divided into Upper Boulder, Middle Boulder and Lower Boulder. Each of these three areas shall be allowed a maximum number of CUPs under this chapter. That maximum number shall not exceed 15% of the total number of dwellings occupied by permanent residents. Lots and dwellings owned by non-residents shall not be counted. In calculating the number of CUPs available in each of the three areas, a fractional remainder of one-half or more shall be rounded up to the next whole number.
(2) The CUPs in each area shall be available on a first come basis. When an area’s quota is reached, a waiting list shall be established, also on a first come basis.
(3) A CUP within each of the three geographical areas. will be issued, renewed or revoked as follows.
(a) Once granted, any RSTR must maintain its CUP in good standing through strict compliance with the terms of this chapter and the conditions in the permit.
(b) Any CUP that is allowed to lapse shall be placed at the back of the wait list, if any, and the next applicant in line, if any, will then have priority.
(c) Any CUP that is revoked or not renewed for cause hereunder shall not automatically be allowed on the wait list or entitled to apply for a new CUP, except as determined by the Planning Commission in considering all the circumstances of said revocation or non-renewal.
(4) Any lot that has been in use as a legal RSTR over the previous 12 months from the date of enactment of this chapter, and can prove such RSTR legal usage by providing proof of payment of sales and use tax to the state’s Tax Commission, together with a sales tax license therefrom in effect for the same 12-month period, shall be entitled to continue RSTR rental of the lot as a legal non-complying use, so long as the owner of the lot obtains a CUP and complies with all the terms and conditions of this chapter, excepting if the owner of the subject lot and noncomplying use thereon is not a resident of the town, then:
(a) The residency requirements of this chapter shall not apply;
(b) Nor shall the owner’s subject lot be counted in the quota system set forth herein; however;
(c) Said owner shall comply with all other provisions this chapter; and
(d) The three geographical areas are described as follows:
1. Upper Boulder, beginning at an east-west line through the south property line of the Boulder Cemetery, said line extending due east and due west to the town limits on opposite sides, then encompassing and including all property within the town limits situated to the north of aforesaid east-west line;
2. Lower Boulder, beginning at a point where the Burr Trail intersects the east boundary of the town limits, then proceeding westerly along the centerline of the Burr Trail to its junction with State Highway 12, and then continuing westerly along the centerline of said Highway 12 to a point where it intersects the west boundary of the town limits, said described line comprising the north boundary of this Lower Boulder area, and then encompassing and including all property within the town limits situated to the south of the aforesaid Burr Trail and Highway 12 centerline; and
3. Middle Boulder, all property within the town limits situated between the south line described above defining Upper Boulder and the north line described above defining Lower Boulder.
(E) Conditional use permit required. The town’s Planning Commission will consider all applications for said conditional use permits, after the application has been certified as complete in accordance with this chapter. A conditional use permit issued under this section is valid for one calendar year and can only be granted or renewed as specified herein. The application for the CUP shall contain the following licenses. information and exhibits properly verified and sworn to by the owner:
(1) Name of the owner, the property manager (if different from the owner) and the address of the lot;
(2) How the subject dwelling on the lot will be used and occupied by RSTR guests:
(a) All of the dwelling or part of the dwelling; and
(b) A site plan showing the property, dwelling and rooms.
(3) Proof that the applicant is a resident as defined in division (C)(1) above in the form of the property tax notice from the county and proof of ownership by the applicant;
(4) A copy of the guest instructions specified in division (F) below that will be posted on the premises for guests;
(5) A business license and a sales tax number issued or proof of payment of taxes as follows:
(a) For an initial CUP application, the owner shall fill out the application and present it in accordance with this chapter. If the application is certified as complete and eligible for being put on the Planning Commission agenda, the owner shall provide a copy of a state sales tax license and number together with a town business license before the CUP will be finalized; or
(b) For a renewal CUP application, the owner shall provide a copy of the quarterly sales tax returns filed with the state’s Tax Commission, together with proof of payment. and a copy of the records of any website host (such as Vrbo and/or Airbnb) showing the dates that any subject dwelling was occupied by RSTR guests during the previous 12-month period.
(6) One parking space for every two bedrooms, in addition to those spaces reserved for the owner;
(7) A sign at the head of the driveway clearly identifying the name and address of the subject dwelling or other demarcation to inform guests that they are at the correct location;
(8) Location and number of the following:
(a) Smoke detectors;
(b) Exits;
(c) Fire extinguishers; one must be prominently hung on the wall in the kitchen within 20 feet of the stove;
(9) Proof of a culinary water source and wastewater facilities compliant with current residential building codes; and
(10) To qualify for a CUP under this chapter, any dwelling constructed after September 11, 1998, must have been granted a valid building permit, be IBC compliant and otherwise meet the terms of this chapter.
(F) Property management. The person designated as the property manager in the CUP, the owner or a third party (“manager”) shall:
(1) Make arrangements for the availability of the keys or codes to the guests and provide 24-hour contact information for said manager, who will be available to respond to the guests by telephone within one hour, and in person within three hours;
(2) The manager shall provide the guests with the set of written instructions, posted visibly within and governing the use of the property, which shall include:
(a) A description and a map of the property boundaries specifying public roads and public trails as the only areas where walking/hiking or access to public lands is permitted;
(b) A description and a map of surrounding private property where intrusion is trespass and must be avoided;
(c) Guest’s duty to control their dogs and/or other animals, if any, not leave them unattended, prevent them from roaming, barking or otherwise creating a nuisance;
(d) Location and use of garbage containers and proper disposal;
(e) Location of fire extinguishers and exits;
(f) If an outdoor fire-pit, barbeque or similar device is available on the property, any fire restrictions for the area clearly posted, and said devices shall be safely sited, constructed and clear of weeds, debris and other flammables to the satisfaction of the local Fire Marshal;
(g) Authorized parking spaces(s) designated for guest vehicles;
(h) Specified quiet time from 10:00 p.m. to 7:00 a.m.;
(i) Acknowledgment of the town’s dark sky aspirations in the General Plan and requesting that guests turn off all outside lighting when not needed and avoid light pollution through windows after retiring for the evening; and
(j) Contact numbers for manager (and owner if different) and all available emergency services.
(3) The owner/applicant is responsible for any nuisance created by the guests, which can constitute grounds for revocation and/or non-renewal of the CUP.
(G) Violation.
(1) Violation of this chapter, including providing false information on an application for the CUP, is a Class C misdemeanor punishable by a fine and/or civil penalties as authorized by UCA § 10-9a-803.
(2) Violation of this chapter or the conditions of the CUP shall be grounds for termination and/or non-renewal of the CUP.
(Ord. 2019-2, passed 5-2-2019)