10-12-5: ACCESSORY DWELLING UNITS:
   A.   Accessory Dwelling Units:
      1.   Definition: An accessory dwelling unit (ADU) is an independent habitable living unit, with a kitchen, bath facilities, and its own entryway, which is: (1) within or attached to an owner-occupied single family residential dwelling, or (2) within a separate detached accessory structure, or above a detached garage, on a single-family lot. This does not include motor homes, fifth-wheels, travel trailers, campers, or other housing units on wheels.
      2.   Accessory Dwelling Unit Standards:
         a.   Number of Accessory Dwelling Units. A maximum of one accessory dwelling unit is allowed on a residential lot, whether it is in an owner-occupied single-family dwelling, or in a detached accessory structure.
         b.   Occupancy and Owner Occupation. The owner(s) of the residence (or immediate family) shall live either in the primary unit or in the ADU.
            (1)   An accessory dwelling unit shall not be sold separately or subdivided from the primary dwelling.
         c.   Code Compliance. The accessory dwelling units shall conform to all applicable standards in the International Fire Code and International Residential Code.
            (1)   All ADUs must meet minimum building code requirements.
         d.   Location and Type. Accessory dwelling units may be allowed within or attached to the main single-family residential dwelling (basement or addition), over the garage (attached or detached), or in a detached accessory structure.
            (1)   ADU-Basement. An accessory dwelling unit in a basement shall comply with Utah Code 10-9a-530 for Internal accessory dwelling units.
            (2)   ADU-Attached. Accessory dwelling units attached to the primary dwelling as an addition shall meet the minimum setback standards required for the primary dwelling. Attached ADUs must have a separate entrance.
            (3)   ADU-Detached.
               i.   Size.
                  (a)   Entire ADU size cannot exceed the minimum primary resident ground floor area of the zoning district.
                  (b)   The maximum height of a detached ADU shall not exceed the applicable zoning height requirements.
               ii.   Setbacks.
                  (a)   Setbacks shall comply with the applicable zone requirements.
               (b)   Residential homes in Commercial zones shall comply with R3 setback requirements.
      5.   Utilities. Detached accessory dwelling units may have separate utility meters.
      6.   Parking. Parking shall comply with Green River City ordinance 10-12-13.
      7.   Address. The principal dwelling and the accessory dwelling unit shall have the same address number but shall refer to the accessory dwelling unit as unit "B". The address must be in a visible location on the street frontage side of the home.
   B.   Residential Rental License.
      1.   Definitions:
         a.   "Nightly rental," also called "short-term rental," means:
            (1)   The use, occupancy, rent, or lease, for direct or indirect compensation, of a structure or any portion thereof, constructed for single household or multihousehold occupancy, or of any other residential property, or residential property within a commercial building, less than thirty (30) consecutive days.
            (2)   The commercial use, by any person, of residential property, or residential property within a commercial building, for hostel, hotel, inn, lodging, motel, resort, or other transient lodging uses, where the term of occupancy, possession, or tenancy of the property is less than thirty (30) consecutive days.
      2.   Licenses.
         a.   No person shall operate or engage in any nightly rental activity within the City of Green River without first obtaining and maintaining a valid nightly rental license.
         b.   An individual owner who owns multiple nightly rental properties must obtain a separate license for each nightly rental property. A nightly rental license fee will be assessed on each property location. All applicable City sales tax for each location must be reported and remitted to the Utah State Tax Commission as per current state regulations and requirements.
         c.   If an owner of a nightly rental is using a D.B.A, that D.B.A. must be registered with the Utah Department of Commerce.
         d.   The owner shall be the licensee, but the property manager or local representative, if applicable, shall be deemed the responsible party for the purposes of operating standards and management standards.
      3.   Application.
         a.   The applicant must show that the facility meets minimum performance standards as specified below in "General Operating Standards."
         b.   An inspection by the Building Inspector and Fire Inspector shall be required prior to issuance of a license and as often as necessary for the enforcement of this chapter. The applicant is responsible for all fees.
         c.   If the owner is not a permanent resident of Green River, a local property manager shall be listed on the application for the purpose of promptly dealing with complaints, violations, or any other safety and nuisance issues.
      4.   Renewal. The license for nightly rental property shall be renewed annually on or before July 1.
      5.   Grounds for Denial. An application for a nightly rental license may be denied for failure to fulfill any of the application requirements.
      6.   Appeal of Denial. Shall be the same as outlined in Green River City Code 3-1-6.
      7.   Application Transfer.
         a.   No license issued under this chapter may be assigned or transferred to any person or entity not named therein; nor shall any license be assigned or transferred to another nightly rental property, whether owned by the named licensee or by another person or business entity.
         b.   Upon the sale, conveyance, or transfer of a nightly rental property, the new owner or the transferee shall, within ten (10) business days of completion of the conveyance or sale, apply for a new nightly rental license if he/she continues to operate a nightly rental on the premises.
      8.   License Revocation. A nightly rental license may be revoked for a violation of any of the operating standards or management standards set forth below, and where there is impact on adjacent properties and neighborhoods.
      9.   Penalties.
         a.   Any owner of any dwelling, in any zone within Green River City who allows or permits occupation of said dwelling as a short term rental, as defined herein, without first having first obtained a business license in accordance with the provisions of this section shall be guilty of a Class B misdemeanor, which shall be punishable by a fine of up to one thousand dollars ($1,000.00) and imprisonment for up to six (6) months, or any combination thereof for each violation.
         b.   Any owner of any dwelling, who, having first obtained a business license for use or occupation of said dwelling as a short term rental, thereafter, operates or permits operation of said short term rental in violation of the terms and provisions of this section shall be guilty of an Infraction, and shall be punished by a fine of not less than to seven hundred and fifty dollars ($750.00) for each such violation.
         c.   Any person who occupies a short term rental as a guest and who violates any local ordinance or state law shall be subject to arrest, issuance of a citation, or other criminal process in accordance with all state, federal or local statutes, rules or ordinances.
         d.   Violation of any provision of this section regulating short term rentals shall constitute a separate offense for each day said violation occurs or continues.
         e.   In the event of three (3) or more violations of this section committed by an owner or guest, or any combination of the two, within any 12 month period, the City Council may, depending on the nature or extent of the violations, proceed with revocation of the business license for any short term rental property in accordance with the provisions of the general business license ordinance.
      10.   General Operating Standards. Nightly rentals may be allowed where the applicant can show evidence of compliance with the standards and procedures outlined below:
         a.   The nightly rental must meet all applicable building, health, and fire codes for the intended use.
         b.   A maximum stay at a nightly rental by an individual or particular group shall not exceed thirty (29) consecutive days.
         c.   Each sleeping room must meet current International Residential Code for egress and be equipped with smoke and CO ( carbon monoxide) detectors.
         d.   All nightly rental owners or property managers must collect and pay the applicable taxes and pay the City business license fee.
         e.   Water, sewer, and garbage fees for nightly rentals will be calculated at the commercial rate.
         f.   The owner or property manager shall respond to complaints and concerns within one hour of any phone call or other notification. Failure of the owner or property manager to respond in a timely manner may result in a violation and possible revocation of the nightly rental license.
         g.   The Licensee and/or property owner will be responsible to provide contact information of the responsible individual to all property owners/residents within 300 ft. radius of the nightly rental property so they will be able to make direct contact with the responsible individual in the case of a complaint, violation, or any other safety or nuisance issues.
      11.   Parking Requirements. The owner of any property licensed as a nightly rental shall provide off street parking for guests in accordance with the following:
         a.   Off-street parking shall be provided on the same lot as the dwelling which is licensed as a nightly rental. Shall be the same as outlined in Green River City Code 10-12-13.
      12.   Prevention of Noise, Nuisance, or Trespass. The owner of any dwelling licensed as a nightly rental shall be responsible to ensure that guests or occupants do not:
         a.   Create noise that be reason of time, nature, intensity, or duration are out of character with noises customarily heard in the surrounding residential neighborhood.
         b.   Interfere with the privacy of surrounding residents or trespass onto surrounding residential properties.
         c.   Allow pets or animals to create noise, roam the off the property, or trespass on neighboring properties.
      13.   Required Posting. The following information must be posted in a clear, concise, and unambiguous manner inside any dwelling licenses as a nightly rental.
         a.   A copy of the nightly rental license.
         b.   The name and phone number of the owner and/or property manager.
         c.   The location of all fire extinguishers.
         d.   A list of all rules applicable for nightly rentals.
         e.   The maximum occupancy of the nightly rental. (Ord. 2010-04, 8-10-2010; amd. Ord. 2022-04, 11-8-2022)