A. Maximum number of Dwellings equal to 6% of the total ERU’s for the whole MPDO development.
B. Primary Access to a Night Rental Development is directly from a major arterial road as identified in the approved Final MPDO Plan.
C. Written consent from one hundred percent (100%) of the property owners within the Nightly Rental Development, at the time ofapproving a final plat for said Development.
D. All final plats for a Nightly Rental Development shall include a note indicating that Dwellings may be rented on a short-term basis (less than 30 consecutive days).
E. The Nightly Rental Development shall have clearly defined boundaries either through landscaping or other forms of screening which still promotes walkability and access to areas outside of said Development.
F. At a minimum, Nightly Rental Developments shall provide usable amenities in a central location, as follows:
1. One thousand (1,000) square feet of recreation or playground area for the first five (5) Dwellings;
2. An additional two hundred (200) square feet for each Dwelling over five (5) Dwellings;
3. The average width and length of each usable recreation or playground area shall not be less than twenty feet (20);
4. All of the required area shall be usable common space accessible to the entire Nightly Rental Development;
5. All required amenities shall be fully constructed prior to construction of fifty percent (50%) of the total project units, or in accordance with an executed development agreement with terms acceptable to the City;
6. The number of amenities required depends on the size of the Nightly Rental Development. All amenities shall be provided in accordance with the following:
Dwellings | Amenities |
30-60 | 1 |
51 -121 | 2 |
121-200 | 3 |
201 - 300 | 4 |
7. The type of amenities required depends on the nature, size, and density of the Nightly Rental Development. If multiple amenities are required, the type shall vary and shall not entitle the development to additional density bonuses.
8. The following is a table of acceptable recreation and enrichment amenities within a Nightly Rental Development:
Amenities | Notes |
Amenities | Notes |
Pool | 400 sq ft minimum |
Health and/or Fitness Facility | Indoor |
Secured & Programmed Children Play Area | |
In Ground Hot Tub | |
Community Garden | |
Perimeter Trail | |
Sport Court | |
Keyed Bicycle Storage | Indoor |
Community Library | |
Office or Meeting/Social (Kitchen) Facilities | Indoor |
Social Area | Outdoor, 400 sq ft minimum |
G. All required amenities shall be fully constructed prior to fifty percent (50%) of the Dwellings in the Nightly Rental Development receiving a certificate of occupancy.
H. In addition to amenities, a minimum of thirty percent (30%) of the lot area shall be maintained in landscaped area, and at least fifty percent (50%) of the front setback area shall be maintained as landscaped area.
I. There shall be at least the following number of personnel for each Nightly Rental Development to administer the Nightly Rental Development on a 24 hour a day, 7 day a week basis:
1. An onsite manager 24 hours per day with rights to access a Dwelling at any time.
2. In addition to an onsite manager, at least one handyman stationed within 30 minutes ‘ drive of the Nightly Rental Development that is available 24/7.
J. The Nightly Rental Development shall have an Owners Association and governing documents containing recorded restrictive covenants which:
1. Expressly authorizes and discloses the ability to rent a Dwelling on the basis of thirty consecutive (30) days or less.
2. Includes all the requirements of Subsections A-L, herein.
3. Requires each owner of a Dwelling utilizing the same as a Nightly Rental to have all marketing, maintenance, cleaning and renting of their Dwelling to be performed by a singular third party property management company separate and distinct from a property management company that may manage the Owners Association for the Nightly Rental Development.
4. Designates that the property management company performing the marketing, maintenance, cleaning and renting of Dwellings on a basis of less than thirty (30) consecutive days for owners must be selected by the affirmative vote of the Owners Association as required by its governing documents.
K. Dwellings within a Nightly Rental Development may not possess more than 4 bedrooms and shall provide off-street parking for at least 4 vehicles.
L. Dwellings within a Nightly Rental Development, ifrented on a basis of less than 30 consecutive days, shall have a maximum occupancy of no more than ten (10) persons.
M. Prohibit the parking of any vehicles, trailers or watercraft on streets within the Nightly Rental Development.
N. The property management company providing the consolidated services of marketing, maintenance, cleaning and renting ofDwellings on a basis of less than thirty (30) consecutive days for owners shall maintain a license as may be required by the Toquerville City Code to operate and manage a Nightly Rental Development.
O. The developer of an MPDO shall make an election in their approved Final MPDO Plan whether or not they will have one or more nightly rental developments in their commercial planning areas or if they will simply allow nightly rentals to occur on a disbursed basis in compliance with Section 10-17-3 of this Code. If a developer opts for one or more Nightly Rental Developments, the culinary water connections within that MPDO shall not be considered “Eligible Culinary Connections “ and shall not be used in determining the maximum number of nightly rental business licenses within Toquerville City limits. (Ord. 2023.12, 5-17-2023)