A. Purpose: This section is established to provide regulations and design standards for residential short-term rentals (STRs) related to single family and multi-family neighborhoods. These standards seek to allow for STRs while also protecting the safety and general welfare of North Salt Lake residents and preserving the residential character of City neighborhoods. In allowing STRs, it provides existing property homeowners economic relief who might otherwise be forced to leave a neighborhood, thus promoting and preserving affordable housing in the City of North Salt Lake. This section also intends to stabilize neighborhoods by promoting home ownership and preserving long term rental housing in the market.
B. Residential Short Term Rental (STR): A STR is prohibited in all residential dwellings, Residential Districts, and Residential P Districts without first obtaining a STR land use permit as regulated in this section and issued a valid business license. The following are exempt and shall not be subject to the provisions of this section:
1. A residential lease of thirty (30) or more consecutive days.
2. Bed and breakfasts, RV parks, campgrounds, hotels, and motels, as described and regulated in the North Salt Lake Land Development Code shall not be subject to the provisions of this section.
C. General Standards And Requirements: A STR use may be allowed within any existing legal residential dwelling by an administrative land use permit from the Community Development Department, wherein the application demonstrates compliance with requirements found in the North Salt Lake Land Development Code and all of the following standards and requirements:
1. Application: A completed application form as provided by the City.
2. Property Description: A detailed written description and/or drawing of the property that identifies the use of each room of the dwelling and defines the portions of the dwelling to be used for a STR shall be provided. Only one designated STR area is allowed for a property.
3. Owner Occupancy: The owner of the subject property shall live in the primary dwelling in which a STR is desired, and must reside therein as their primary residence.
a. An individual shall prove ownership of the property as evidenced by a copy of a transfer deed listing the applicant as the fee title owner. Fee title owner may be an individual or trustor of a family trust that possesses fifty percent (50%) or more ownership of the proposed STR. Fee title owner may not be a corporation, partnership, limited liability company, or similar entity.
b. To establish that the property is the owner's primary residence, the owner shall:
(1) Present a government issued identification document listing the address of the property as the address of the owner; and
(2) A signed affidavit sworn before a notary public shall be provided by the owner stating that the proposed property is the primary residence of the owner, wherein they reside at least one hundred eighty three (183) days per calendar year.
4. Occupancy During Rental Period: The subject property shall comply with the following occupancy restrictions:
a. The applicant shall provide the maximum renter occupancy proposed and demonstrate that sufficient parking has been provided off street at a rate of one-half (1/2) space per bedroom or sleeping area.
b. The property shall not be rented to more than one renter at any given time, and the owner shall not divide and rent out portions of the dwelling to multiple renters at the same time.
c. A property shall not be exclusively rented as a STR for more than one hundred eighty two (182) nights per year.
(1) The owner may reside on the property while it is occupied by a renter.
(2) The property shall only be rented for a minimum duration of one night and a maximum of forty five (45) consecutive nights.
d. A property with a valid land use permit for an accessory dwelling unit may use the dwelling unit as a STR and have the accessory dwelling unit be rented for up to three hundred sixty five (365) nights per year.
5. Parking Plan: A detailed written description and/or a drawing of an off-street parking plan must be provided to ensure that all occupants of the home and STR can be accommodated on-site at all times. Parking shall be limited to the existing garage, driveway, and dedicated parking spots of the residential unit and may not include any on-street parking. Shared guest parking as part of a P-District or multi-family dwelling shall only be permitted upon express written approval of the HOA or property management, as applicable. Any proposed parking improvements shall also be included in the off-street parking plan, and must be completed prior to issuance of a STR business license. All elements of the parking plan must be in compliance with all other requirements of this section.
6. Conflict Of Private Restrictions: The owner shall provide a signed affidavit sworn before a notary public that certifies to the City that the subject property has no existing private covenants, conditions, or restrictions prohibiting STRs.
7. Urgent Response: The owner, or a designated representative, shall be available to immediately respond twenty four (24) hours/day, three hundred sixty five (365) days/year by telephone, and when necessary, be able to physically respond within one hour of any legitimate complaint. If the owner is unreachable after three (3) attempted contacts by the City of North Salt Lake, a notice of violation will be issued.
8. Property Maintenance Requirements: All short-term rentals shall adhere to all City ordinances, including, but not limited to:
a. Maintenance: Owners must adhere to the property maintenance regulations in title 4, "Health And Sanitation" of this Code, as amended, including, but not limited to, requirements for weed abatement, landscaping, garbage removal, structure maintenance, and fence/wall maintenance.
b. Snow Removal: Owners shall remove all snow from the sidewalks of the property within twenty four (24) hours after snowfall in accordance with section 7-1-2 of this Code, as amended.
9. Noise And Nuisance Control: Owners shall ensure that renters adhere to the noise control in title 4, chapter 4 of this Code, as amended. Should a renter violate the noise control chapter more than once in any given 72-hour period they shall be immediately evicted from the property by the owner.
10. Noticing And Posting Requirements: A renter informational packet must be maintained in a highly visible place within the dwelling or STR area, and must include all of the following:
a. City issued STR business license.
b. 24/7 owner, or a designated representative, contact information.
c. Parking requirements, including site map of approved designated parking areas.
d. Maximum occupancy.
e. The noise ordinance of the City of North Salt Lake.
f. Garbage pick-up dates, and a written description of where garbage receptacles must be placed for pick-up.
g. Contact information for the North Salt Lake City Police and South Davis Metro Fire District.
h. Other contact information or information related to other regulations or conditions of an approval through the land use permit process, as required by the Community Development Department.
D. Violations: It shall be a violation for any person to operate a STR:
1. Without first obtaining a STR land use permit, as regulated in this section, and issued a valid STR business license; or
2. That does not comply with the requirements of this section, the revised ordinances of North Salt Lake, or the North Salt Lake City Land Development Code.
E. Enforcement And Fines: Upon a determination that a violation exists, the Code Enforcement Officer or Community Development Director, or designee, will contact the owner requiring such owner to halt, eradicate, destroy, remove, or otherwise cure the violation within forty eight (48) hours, or such later time the Director, or designee, may determine.
1. Each day that a violation occurs or continues is a separate violation.
2. For any violation of this section, the issuing officer may issue a written citation or notice of violation to the owner, specifying the violation and the penalty to be imposed.
a. For the first violation within any 12-month period, the penalty shall be five hundred dollars ($500.00).
b. For a second violation within any 12-month period, the penalty shall be seven hundred fifty dollars ($750.00).
c. For a third violation within any 12-month period the penalty shall be one thousand dollars ($1,000.00) and revocation of the STR business license and land use permit. The owner shall be ineligible for a STR land use permit and a STR business license for a period of two (2) years from the date of the third notice of violation.
d. For any violation within any 12-month period following the third violation, the penalty shall be one thousand dollars ($1,000.00) and the STR owner shall be banned from receiving a STR land use permit and a STR business license. (Ord. 2019-02, 3-19-2019)