A. Transient Facilities: Bed and breakfast (“BnB”) and vacation rental (“VR”) facilities (when, where, and to the extent permitted, including those grandfathered under prior law) are and constitute transient facilities, subject to government regulation, the licensing requirements of chapter 1 of this title, and the transient room tax imposed pursuant to chapter 8 of this title. However, there are substantial differences between the character of BnB and VR facilities and other types of transient facilities, and the degree of regulation necessary to protect against harm to occupants of BnBs and VRs and adjoining properties. Therefore BnBs and VRs:
1. Shall be operated and maintained in general conformity with:
a. The spirit and intent of this chapter.
b. The intent of the city council that such uses be operated and maintained in such a manner as to be compatible with and not adversely affect neighboring permitted uses within the community.
B. Management: Each BnB facility must maintain an office on the premises in the charge and under the immediate supervision of a manager or attendant at all times. Such office shall remain continuously open and staffed whenever there are guests registered or present and whenever the facility is open to receive guests.
C. Disclosure Of Available Rooms:
1. Each BnB and vacation rental (hereinafter "VR") facility shall disclose to the business license officer the current number of rooms available and/or held out for public accommodation, or, in the case of VRs, the total number of people the dwelling can safely accommodate (which number shall first be determined by the city building official, in accordance with the applicable building codes):
a. At the time of initial licensure or license renewal; and
b. Within seventy two (72) hours of any change in the number of such available rooms or accommodation of guests.
2. The occupancy load shall be prominently posted within the BnB or VR facility.
D. Display Of License: A current, valid business license shall be posted in a conspicuous place in each BnB and VR facility.
E. Occupancy: It shall be unlawful for any BnB or VR facility unit to be occupied by a greater number of persons than that which: 1) it is designed or furnished to accommodate and 2) is permitted under the applicable building and building related codes adopted by the city (see title 9, chapter 1 of this code). The requirements of said codes differ for facility occupancies of ten (10) or fewer persons, and for occupancies of greater than ten (10) persons.
F. Responsibility For Minors: No BnB or VR facility unit shall be rented, leased, or registered to any person under the age of eighteen (18) years. Each person to whom a BnB or VR facility unit is rented, leased, or registered shall be responsible for any minors occupying such unit, and shall remain on the BnB or VR facility premises at all times while there are minors occupying such unit.
G. Length Of Stay: No person shall occupy or contract to occupy any unit or combination of units at any one BnB or VR facility for longer than twenty nine (29) consecutive days, and no BnB or VR facility shall permit any person to occupy or contract to occupy any unit or combination of units on the facility premises for longer than twenty nine (29) consecutive days.
H. Sanitary Facilities:
1. Each BnB or VR facility unit held out for public accommodation must comply with the minimum rules established by the Utah department of health.
2. It shall be unlawful to rent, lease, or otherwise hold out for public accommodation any transient lodging facility unit which does not have:
a. A complete operable bathroom, including flush toilet, sink, and bath or shower in working order; and
b. For each guest, an adequate daily supply of at least the following sanitary supplies: hot and cold running water, soap, towels, toilet paper, and clean linen.
3. Each BnB and VR facility shall be cleaned after the departure of each guest and before the arrival of any subsequent guest.
I. Inspections:
1. Each BnB and VR facility shall comply with all applicable building and building related codes, and shall cooperate with any fire, land use, code enforcement, building, health, or other inspection conducted by municipal officials, to ensure compliance.
2. An inspection of a BnB or VR facility/property, for compliance with these regulations, will be performed at the time of business license review. Additional inspections may be performed with twenty four (24) hour notice to the license holder if deemed necessary by the city; provided that, no prior notice is required in situations where emergency conditions exist or the city has a good faith belief that the safety of the occupants is in danger and/or the occupancy load of the facility is being exceeded.
J. Contact Information; Contact Person(s):
1. License holders and owners of BnB and VR facilities shall, at all times that they are operational, provide and maintain with the city up to date and current personal contact information regarding such holder, owner, operator of the facility, and/or other responsible party (known herein as "contact person(s)").
2. Such contact person(s) shall: a) be a resident of Washington County; b) be able to provide information on current occupants to police and/or emergency personnel as needed; and c) respond to complaints and concerns within one hour of any phone call. Failure to respond is a violation hereof and may result in fines to the business license holder and property owner.
K. BnB And VR Facilities In Residential Zones:
1. Restrictions imposed by this subsection are in recognition of the premise that BnBs and VRs provide lodging for a transient population that may or may not honor neighborhood mores or exhibit neighborly consideration to the same extent as permanent residents. No new VR facility may be created or operated, and no existing VR facility may be expanded, in residential zones: these rules and regulations apply to those VR facilities licensed and operational before they were no longer permitted in residential zones.
2. A business license for a BnB or VR in a residential zone shall only be approved and issued, or renewed, by the city if:
a. The BnB or VR dwelling unit is located in an existing single- family dwelling.
b. The owner of the BnB or VR facility provides address labels and stamped envelopes for all other residential property owners within three hundred feet (300') of the facility, so that the city may provide to those owners: 1) a copy of the regulations set forth in this subsection, 2) the contact information for the facility owner, and 3) the responsible party contact number for concerns.
3. The BnB or VR facility and property shall be maintained to the following minimum standards:
a. Structures shall be properly maintained, painted and kept in good repair, and grounds and landscaped areas shall be properly maintained and watered, in order that the use does not detract from the general appearance of the neighborhood; and
b. 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. Parking may not impact more than forty percent (40%) of a front yard.
4. The use of a dwelling as a BnB or VR shall not change the appearance of the dwelling or property for residential purposes.
5. Outdoor pools, hot tubs or spas shall not be used between the hours of eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M.
6. The owner or operator of the BnB or VR facility shall ensure that occupants thereof do not:
a. Create noises that by reason of time, nature, intensity or duration are out of character with noises customarily heard in the surrounding residential neighborhood.
b. Disturb the peace of surrounding residential property residents.
c. Interfere with the privacy of or trespass onto surrounding residential properties.
d. Allow pets to do anything listed in subsections K6a through K6c of this section.
e. Engage in any disorderly or illegal conduct, including illegal consumption of drugs and alcohol.
7. A sign informing guests of all regulations shown above must be posted in a prominent location in or on the BnB or VR facility.
L. Application Of This Section: The requirements of this section shall be in effect throughout the time a BnB or VR business license is in effect on the property, notwithstanding that such property may be occupied by the owner or nonpaying guests of the owner. The City finds that, given the practical difficulty of determining whether or not the occupants are paying guests, enforcement of the requirements shall be based on whether the property is licensed as a BnB or VR at the relevant time.
M. Violations; Remedies: Owners, operators, and license holders of BnBs and VRs, and owners of the property whereupon such BnBs and VRs are situated, who violate the provisions of this section (herein known as "violators") are subject to the remedies and penalties set forth in section 3-11-13 of this chapter, provided that: (Ord. 2015-05, 7-1-2015)
1. Violation of any subsection of this section shall constitute a separate violation for each day it occurs or continues. Operation of a BnB or VR facility without a current LaVerkin City business license is considered a violation; and each day of operation shall be considered a separate offense. Evidence of operation shall not require verification of the presence of guests, but may be determined by any manner not proscribed by State or Federal law. (Ord. 2018-01, 1-3-2018)
2. Violators shall be issued written citations containing a description of the nature of the violation and the amount of fine levied in accordance with the fee schedule for an infraction, provided that, such fine shall not be less than two hundred fifty dollars ($250.00).
3. The business license for a BnB or VR facility may be revoked, suspended, or denied renewal if three (3) citations are issued within any twelve (12) month period. (Ord. 2015-05, 7-1-2015; amd. Ord. 2022-10, 9-21-2022)