(A) Purpose. The use of residential properties for short-term vacation rental within the county to provide a safe, clean and welcoming accommodation for visitors.
(B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SHORT-TERM VACATION RENTALS (SHORT-TERM RENTAL). A residential unit, or any portion of a residential unit, that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days.
(C) License and permit. All short-term rentals shall be licensed and permitted before being offered for rent.
(1) License. A business license shall be obtained from the county for any short-term rental.
(2) Short-term rental permit. A short-term rental permit shall be obtained from the county.
(D) License issuance. The business license for rental of units under this section will be issued by the county upon payment of necessary fees and upon a finding by the staff that the review criteria established below has been satisfied.
(E) Licensee. The licensee for rentals under this section shall be the property owner or lessee. A local representative shall be designated as an emergency and a nuisance complaint contact.
(F) Application procedure. All new and renewal applications must contain the following information:
(1) Property owner/lessee name, address, phone;
(2) A sales tax collection and accounting number;
(3) Street address of each unit;
(4) Local representative name, address and telephone number to be available 24 hours per day; and
(5) All other information requested on the application forms. The application shall include a cover form, which contains information common to all units managed, and unit forms, which contain information on each unit managed. It is the licensee’s duty to supplement both forms as information changes or as units change from one manager to another.
(G) Management standards. The short-term vacation rental authorized under this section be properly managed.
(1) Property management. As a condition to holding a valid license, the licensee agrees to provide or arrange for adequate property management services.
(2) Minimum services. The owner/lessee shall be responsible for the minimum services and management including:
(a) Snow removal during winter months to a level that allows safe access to the building over the normal pedestrian access to the unit;
(b) Snow removal service to off-street parking facilities associated with the rental property so that off-street parking is at all times available for occupant use;
(c) Summer yard maintenance, including landscaping, weed control and irrigation to a level that is consistent with the level of landscaping and maintenance on adjoining and nearby properties;
(d) Structural maintenance to preserve substantial code compliance as described above is required;
(e) Routine upkeep, including painting and repair to a level that is consistent with the level of maintenance on adjoining or nearby properties;
(f) Trash collection which ensures that trash cans are not left at the curb for any period in excess of 24 hours and the property must be kept free from accumulated garbage and refuse; and
(g) Short-term rentals may be offered on a “short-term rental website” to one or more prospective renters; and facilitates the renting of, and payment for, a short-term rental in accordance with UCA §§ 10-8-85.4 and 17-50-338.
(3) Parking. On-street parking for short-term vacation rental uses shall not result in an obstruction to traffic and pedestrian circulation or public safety.
(4) Outdoor displays of goods and merchandise. No outdoor display of goods and merchandise shall be permitted as part of any nightly rental use.
(5) Signs. No signs advertising or pertaining to the short-term vacation rental will be permitted for nightly rental uses.
(6) Commercial uses prohibited. Short-term vacation rentals may not be used for commercial uses not otherwise permitted in the zone. Short-term rentals may not be converted to corporate sponsor or business houses which are used primarily to distribute retail products or personal services to invitees for marketing or similar purposes, regardless of whether such products or services are charged for.
(7) Noise and occupancy control. The owner of rentals under this section is responsible for regulating the occupancy of the unit and noise created by the occupants of the unit.
(a) Failure to use designated off-street parking, illegal conduct or any other abuse, which violates any law regarding use or occupancy of the premises is grounds for revocation of the short-term vacation rental license and permit.
(b) Failure to collect and deposit sales and transit room tax is also a violation of the license and grounds for revocation of the short-term vacation rental license and permit.
(8) Review criteria. In determining whether or not a business license for short-term vacation rental authorized under this section shall be issued, the application shall be reviewed to see if, in addition to standards and conditions applicable to issuance of all business licenses, the following conditions and standards are met:
(a) The unit is located within a zone and subzone designated as allowing rentals for the period, which the license is applied for;
(b) The county’s Planning and Zoning Department has reviewed the business license application for compliance with the Abatement of Dangerous Buildings Code. Inspection of the unit may be required under § 90.02 of this code;
(c) The applicant shall bear the cost of any such inspection and any reinspection, which may be required. The cost shall be determined by the prevailing hourly rate of the county’s Planning and Zoning Department;
(d) The access to the rental unit and the layout of the unit is such that noise and physical trespass from the proposed rental unit is not likely to be a substantial intrusion to the adjoining properties. If the proposed rental unit is a single-family home or duplex and shares an access, hallway, common wall or driveway with another dwelling, written consent of the owner of the other dwelling is required;
(e) The applicant must designate a local contact. The local contact must be one of the following:
1. A property management company, realtor, lawyer, owner or other individual who resides within the county, or, in the case of a company, has offices in the county;
2. A person personally liable for the failure to properly manage the rental;
3. The local contact must be available by telephone, or otherwise, 24 hours per day, and must be able to respond to telephone inquiries within 20 minutes of receipt of such inquiries by that party’s answering machine, paging device or answering service; or
4. The local contact is also designated as the agent for receiving all official communications under this chapter from the county.
(f) The application must bear a sales tax collection and accounting number for the rental operation. This number may be the sales tax accounting number used by the property management company responsible for that unit, or may be specific to the unit, but no license will be effective until the state sales tax number is provided.
(Prior Code, § 8-6-42) (Ord. 17-23, passed 4-4-2017)