Chapter 18.15
SUPPLEMENTARY PROVISIONS
Sections:
18.15.020 Reduced site requirements.
18.15.040 Sale or lease of required space.
18.15.050 Sale of lots below minimum space requirements.
18.15.060 Fences, walls and hedges.
18.15.070 Clear view of intersecting streets.
18.15.080 Public utility structures.
18.15.090 Zero side yard requirements.
18.15.110 Establishments offering alcoholic beverages for sale.
18.15.120 Right to farm provisions.
18.15.130 Standards for approving storage facilities.
18.15.140 Household pets and domesticated farm animals.
18.15.180 Location of boats, trailers, campers, and motor homes.
18.15.190 Trash and waste storage.
18.15.210 Accessory dwelling units (ADUs).
18.15.010 Purpose.
The regulations in this chapter and Chapters 18.80 through 18.110 FCC qualify or supplement the regulations appearing elsewhere in this title and FCC Title 17. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.1, 1993.)
18.15.020 Reduced site requirements.
Any lot under separate ownership of record prior to the adoption of the original Francis development code, on March 10, 1993, which has dimensions which would prevent building because of the front yard, rear yard, and side yard setback required by the zone in which the lot is located, and any lot which has been approved by the City prior to the effective date of the ordinance codified in this title and FCC Title 17 which would prevent building because of the front yard, rear yard, and side yard setbacks required by the zone in which it is located, shall be deemed to comply with the requirements of the zone in which it is located. The standards of the International Building Code for development on construction on or near lot lines must still be met.
This section is not intended to conflict with FCC 18.15.070 nor shall it be interpreted as taking precedence over the requirements of FCC 18.15.070. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.3, 1993.)
18.15.030 Lot standards.
Except as otherwise provided in this title and FCC Title 17, no building permit shall be issued for a lot unless the lot has the area, width, and depth required by the regulations for the zone in which it is located, and frontage on a street shown on the streets master plan, land use map, official zoning maps or on private easements connecting the lot to a street as shown on the above-mentioned plans or maps. (Ord. 2022-01 § 1 (Exh. A), 2022; Ord. 2016-09 § 1, 2016; Ord. 66 § 3.4, 1993.)
18.15.040 Sale or lease of required space.
No space needed to meet the width, yard area, coverage, parking, or other requirements of this title and FCC Title 17 for lot or building requirements may be sold or leased away from such lot or building. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.5, 1993.)
18.15.050 Sale of lots below minimum space requirements.
No parcel of land which has less than the minimum width and area requirements for the district in which it is located may be created from a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.6, 1993.)
18.15.060 Fences, walls and hedges.
1. Clear View Area. No sight-obscuring fence, wall, or structure in excess of 48 inches in height above road grade which will prevent a clear view to automobile drivers of approaching vehicles or pedestrians shall be placed on a corner lot within a triangular area formed by the street property lines and a line connecting them at points 25 feet from the point of intersection of the street lines. Street trees and other landscaping plantings are permitted within the clear vision area, provided they are pruned and trimmed to a height of not more than 48 inches in height nor less than seven feet above the road grade so as to not obstruct the clear view of motor vehicle drivers.
2. Fences, Walls, Hedges, and Other Structures in a Front Setback. No fence, wall, hedge, planting or other structure extending into or enclosing all or part of the front or side yard setback area adjacent to a street shall be constructed or maintained at a height greater than 48 inches; provided, that where the fence fabric is to be of the chain link or other open mesh type not more than 20 percent opaque and remains nonsight-obscuring, the height may be increased to 72 inches.
3. Fences, Walls, Hedges, and Other Structures in a Side Yard Setback, Corner Lot. No fence, wall, hedge, planting or other structure shall be constructed in the side yard setback of a corner lot exceeding 48 inches unless the following conditions are met:
a. No portion of the fence, wall, hedge, planting or other structure exceeding 48 inches in height shall be located closer than 20 feet to the property line adjacent to the street, and shall not extend into the front setback area or the clear vision area of the lot as defined in subsection (1) of this section.
b. The fence, hedge, wall, planting or structure shall not exceed six feet in height.
c. Placement of the fence, wall, hedge, planting or other structure in the location proposed shall not result in the establishment of a hazardous condition.
4. Fences, Walls, Hedges, and Other Structures on Double Frontage Lots. A sight-obscuring fence, wall, hedge, or other structure may be placed within three feet of the rear property line; provided, that the placement will not result in the establishment of a hazardous condition to adjacent properties as determined by the City Planner. Decisions of the City Planner may be appealed to the Planning Commission.
5. Fences in Other Locations. Fences, walls, and hedges constructed in areas not expressly prohibited may be freely erected; provided, that no fence shall be higher than six feet, unless the applicant receives a conditional use permit. (Ord. 2016-09 § 1, 2016; Ord. 1999-1 §§ 3.7.1, 3.7.4, 3.7.6, 1999; Ord. 66 § 3.7, 1993.)
18.15.070 Clear view of intersecting streets.
In all zones, no obstruction to public or private street views in excess of two feet in height above road grade shall be placed on any corner lot within a triangular area formed by the streets at the property lines and a line connecting them at points 25 feet from the intersection of the street right-of-way lines, except that landscaping plantings are permitted within the clear vision area, provided they are pruned and trimmed to a height of not more than 48 inches in height nor less than seven feet above the road grade to permit automobile drivers an unobstructed view. (Ord. 2016-09 § 1, 2016; Ord. 1999-1 § 3.9, 1999; Ord. 66 § 3.9, 1993.)
18.15.080 Public utility structures.
Public utility structures may be permitted on less than the required size lots in any district as approved by the Planning Commission. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.10, 1993.)
18.15.090 Zero side yard requirements.
In subdivisions where the arrangement and placement of buildings are fixed, and so designated on the final plat, the Planning Commission may, after careful review, approve the subdivision waiving one of the required side yards. These reductions are only made to help in the preservation of the open space, common areas, pedestrian walkways or pathways, sensitive natural features, and common parking lots. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.11, 1993.)
18.15.100 Height provisions.
The height of any structure shall not exceed the maximum height of 32 feet in residential zones, 40 feet in the C-1, LI-1, and P-F zones, and 45 feet in the City Center (CC) zone, unless an express exception in this code applies, nor exceed the recommendation of the South Summit Fire District. To allow for attachments which are unoccupied and clearly accessory in nature, the following exceptions apply:
1. Antennas, chimneys, flues, vents, or similar structures may extend up to 10 feet above the specified maximum height limit for the zone.
2. Water towers and mechanical equipment in nonresidential zones may extend up to 10 feet above the specified maximum height limit.
3. Church spires, bell towers, clock towers, cupolas, and like architectural elements on nonresidential lots may extend over the specified maximum height limit but shall not contain any habitable spaces above the maximum zone height stated. These elements must be approved as part of the site plan review and under no circumstances shall be more than 50 feet above grade unless approved as part of a conditional use permit. (Ord. 2024-07 § 1 (Exh. A), 2024; Ord. 2024-03 § 1 (Exh. A), 2024; Ord. 2016-09 § 1, 2016; Ord. 2008- § 3.13, 2008; Ord. 1999-1 § 3.13, 1999; Ord. 66 § 3.13, 1993.)
18.15.110 Establishments offering alcoholic beverages for sale.
Any application for a permit to operate an establishment that offers alcoholic beverages for sale must first be reviewed for local consent by the City Council, which the City Council may grant or deny, in its sole and absolute discretion. If the City Council votes to grant local consent, the application will then be considered by the Planning Commission and City Council as a conditional use in accordance with FCC Title 17 and this title and in accordance with governing Utah law. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.15, 1993.)
18.15.120 Right to farm provisions.
Francis has areas that have traditionally been agriculture. The City Council places a high value on the protection and preservation of agricultural land. At the discretion of the City staff, developments that border an agricultural area, contain within them an agricultural or irrigation right-of-way or easement, or will contain an agricultural open space or preservation, shall have additional requirements imposed upon the developer in the form of an analysis to be reviewed and implemented as part of the conditional use process or subdivision process. This impact analysis shall be used to determine the impact(s) on associated farming and/or livestock operations affected by the development, and implement mitigation and protection designs in the development to alleviate conflicts with the affected agricultural operations.
The developer is responsible for the performance of the analysis with the input and review by the City. The Planning Commission and developer shall use the following review guidelines or issues in determining the impact on farming operations of the development, and will apply appropriate conditions during the approval process to insure that the farm or ranch affected is assured a right to farm without undue burden of residential or commercial growth and complaints by neighbors. All rights to farm are preserved to the best ability of the City, taking into consideration practical land use applications and private property rights and concerns.
The following factors shall be used as guidelines or issues in the preparation and review of the agricultural impact analysis. Solutions may be developed as permit conditions and restrictive covenants or agreements:
1. Protection of irrigation access and maintenance of ditches and canals.
2. Safety and protection of the public from ditches, canals, ponds and drainage systems.
3. Livestock movement corridor protections and safety concerns.
4. Fencing safety (i.e. electrical, barbed wire) and design.
5. Private property protection issues.
6. Hunting protection, access and livestock safety concerns.
7. Protection of farm equipment ingress and egress.
8. Erosion and soil protection and conservation concerns.
9. Drainage of the subdivision and designs to minimize the impact on agricultural lands and soils.
10. Noxious weeds, pests and pet (dog) controls in the subdivision.
11. Provisions, acknowledgments and understandings by new property owners (including hold harmless agreements if necessary) that farm work hours run late and begin early and that farm operations may contribute to noises and odors objectionable to some subdivision residents.
12. Screening provisions and landscaping designs to reduce noise or visual impacts.
Any other provisions or concerns that the Planning Commission deems necessary to protect the rights to farm on adjoining or appurtenant properties.
These provisions are not in any way intended to relieve an agricultural landowner of appropriate responsibility. (Ord. 2016-09 § 1, 2016; Ord. 66 § 3.21, 1993.)
18.15.130 Standards for approving storage facilities.
The intent and purpose of this section is to protect the community and neighboring properties from litter, vermin, a loss of property value, or other ill effects of unsightly or uncontained storage, junk or salvage yards.
1. Scope. The provisions of this section shall apply to storage facilities authorized by which zone they are applied for.
2. Requirements. The City Planner may grant a permit for a storage yard, provided the following conditions are met:
a. Such use is located in the AG-1, AG-2 or LI-1 zone and has main primary access off of major arterial roads: State Road 32 or State Road 35.
b. All facilities shall provide an attractive eight-foot sight-obscuring fence of substantial nature on surrounding property lines. The fence materials may not include vinyl, chain-link, or residential wood slat. The fence shall be set back four to eight feet from the property line(s) adjacent to public streets to allow for landscaping.
c. All storage facilities must meet setbacks of current property zones or uses they are adjacent to. Current use will supersede zoning.
d. Follow City noise ordinance.
e. Follow commercial design standards as outlined in the following sections: FCC 18.45.030 (Permitted accessory uses), 18.45.040 (Lot area), 18.45.100 (Trash, material storage, and pollution), 18.45.110 (Landscaping), 18.45.120 (Grading and drainage), 18.45.130 (Utilities), 18.45.170 (Service and loading areas), 18.100.100 (Off-street parking), 18.115.080(1) (Landscaping requirements), and Chapter 18.118 FCC (Commercial Outdoor Lighting).
3. Signage. If the storage yard is in an AG-1 or AG-2 zone, a maximum of two wall signs, not to exceed 32 square feet each measured from the farthest extent of the sign to form a rectangle, may be mounted on the fence at the front property line, with a maximum of one sign mounted on each side of the entrance. No part of any sign shall extend above the fence upon which it is mounted. (Ord. 2021-06 § 1 (Exh. A), 2021; Ord. 2020-06/2020-11 § 1 (Exh. A), 2020; Ord. 2016-09 § 1, 2016; Ord. 2008- § 3.22, 2008; Ord. 1999-1 § 3.31 [3.22], 1999; Ord. 66 § 3.22, 1993.)
18.15.140 Household pets and domesticated farm animals.
Domesticated farm animals include horses, cattle, sheep, llamas, pigs, chickens, goats and donkeys. Household animals include dogs and cats. Platted subdivisions are defined as any division of a tract of land or parcel of land into more than four lots for the purpose of development and zoned R-H, R-C, or M-F, or a conservation subdivision.
1. Areas of Francis City which have historically been agricultural and are not part of platted subdivisions are allowed to have such domesticated farm animals as can be properly cared for on each lot.
2. Areas of Francis City within platted subdivisions are permitted to have two horses or cattle, or four sheep, llamas, goats or donkeys per contiguous half acre devoted exclusively to their care. Additional animal densities may be approved through the conditional use process.
3. No more than three household animals are permitted per half acre lot; however, additional densities may be approved through the conditional use process.
4. No domesticated farm animals are permitted in the R-C zone.
5. In platted subdivisions, chickens may be kept only pursuant to the following provisions:
a. Up to six hens are allowed per household or property address. No crowing hens or roosters are permitted.
b. All coops must be located in the rear portion of the lot and must meet the Francis City minimum setback requirements of 12 feet for side yards and 25 feet from the rear property line. In addition, no coop may be located within 30 feet of the nearest dwelling unit on adjacent properties.
c. Coops must be constructed with solid walls on all sides, except for access by chickens. Coops must have a solid roof and be built to prevent intrusion, including by burrowing, from all types of rodents, vermin and predatory animals.
d. Chickens must be confined within a secure area that ensures they will not leave the owner’s property.
e. Coops, pens and/or runs must be cleaned so that there is no odor.
f. Chickens may be kept for personal use only. No sale or income resulting from the keeping of chickens is allowed. (Ord. 2022-01 § 1 (Exh. A), 2022; Ord. 2021-15 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 2013-02 §§ 1, 2, 2013; Ord. 2012-06 §§ 1, 2, 2012; Ord. 2008- § 3.24, 2008; Ord. 66 § 3.24, 1993.)
18.15.150 Nuisance abatement.
The provisions of this section shall apply in all zones in Francis City.
1. Definitions.
a. Junk. “Junk” includes, but is not limited to, scrap or remnant building materials, lumber or metals; discarded furniture, fixtures or appliances; motor vehicle parts and tires; inoperable, abandoned, demolished, or dismantled machinery; trailers, automobiles and other goods in such condition of deterioration or disrepair as to be unusable in their existing condition.
b. Rubbish. “Rubbish” and “debris” means all waste, refuse and rejected matter and material, whether animal, vegetable or mineral, manufactured or natural.
2. Unlawful Accumulations.
a. It shall be deemed a public nuisance and unlawful to deposit, accumulate, store, keep, abandon or to permit the accumulation, storage, keeping or abandonment of junk, rubbish or debris on private or public property within the City, unless such area is specifically zoned for, and appropriately used for, such deposit, accumulation, or storage, and all applicable fencing, setback and other requirements are observed.
b. It is unlawful for any person to place, leave, dump or permit to accumulate any garbage, rubbish or trash in any building or on any premises, improved or vacant, or on any open lot or alley so that the same shall or may afford food or harborage for rats or other vermin. (Ord. 2016-09 § 1, 2016.)
18.15.160 Parking and access.
Each residential dwelling unit is required to provide off-street parking in accordance with FCC 18.100.100. (Ord. 2021-15 § 1 (Exh. A), 2021; Ord. 2016-09 § 1, 2016; Ord. 66 § 5.2.3.10, 1993.)
18.15.170 Landscaping.
All property located in front of the residential structure and the front setback, except driveways, parking areas, walkways, utility areas, improved decks, patios, and porches, shall be maintained with suitable landscaping of plants, shrubs, trees, grass or other landscaping materials.
The following water conservation outdoor landscaping standards apply to residential front and side yards and to developer/contractor installed residential area landscaping:
1. Lawn shall not be less than eight feet wide at its narrowest point.
2. Lawn shall not exceed 50 percent of the total landscaped area.
3. Small residential lots, which have no back yards, where the total landscaped area is less than 250 square feet, and where the front yard dimensions cannot accommodate the minimum eight feet wide lawn area requirement, are exempt from the eight foot minimum lawn area requirement and maximum of 50 percent lawn requirement.
4. Lawn shall not be installed in park strips, paths, or on slopes greater than 25 percent or 4:1 grade.
5. In multifamily development common area landscapes, lawn areas shall not exceed 20 percent of the total landscaped area, outside of areas of the landscape dedicated to active play where lawn may be used as the playing surface (e.g., sports fields and play areas). (Ord. 2023-08 § 1 (Exh. A), 2023; Ord. 2016-09 § 1, 2016; Ord. 66 § 5.2.3.11, 1993.)
18.15.180 Location of boats, trailers, campers, and motor homes.
Boats, trailers, campers and motor homes may not be stored in the front yard setback, the side yard setback of a corner lot, or in the street in front of a lot in excess of 24 hours, except that a vehicle owned by a guest of the resident may be stored in a required front yard setback or side yard setback of a corner lot for up to 14 consecutive days per calendar quarter. A motor home or RV may be occupied by a guest or guests of the resident for up to 14 consecutive days per calendar quarter. (Ord. 2016-09 § 1, 2016; Ord. 66 § 5.2.3.12, 1993.)
18.15.190 Trash and waste storage.
No trash, used materials, wrecked, or nonoperational, unlicensed or abandoned vehicles or equipment shall be stored in an open area or yard. All such materials must be screened from public streets and adjacent property or stored within an enclosed building. All trash storage areas shall be screened from the public or adjoining residential area view by appropriate fencing or landscaping methods and placed in a rear area of the main building if possible. No hazardous materials, chemicals or oils/solvents shall be stored in areas that do not meet health department regulations or are accessible to the public. (Ord. 2016-09 § 1, 2016; Ord. 66 § 5.2.3.13, 1993.)
18.15.200 Decks.
Residential decks are to be built per International Residential Code R507 Exterior Decks. Commercial decks are to be built per International Building Code 1604.8.3.
All decks must be permitted and inspected, except those less than or equal to 200 square feet, less than or equal to 30 inches above grade, not attached to dwelling, and not serving required exit door.
The following yard setback requirements shall apply on all lots in all zones:
1. Front Yard Setback. The minimum front yard for all decks shall be 25 feet, except in the R-C zone and in conservation subdivisions the minimum front yard for all decks shall be 20 feet.
2. Side Yard Setback. The minimum side yard for all decks on interior lots shall be 10 feet.
3. Rear Yard Setback. The minimum rear yard for all decks shall be 10 feet.
All decks require a building permit. (Ord. 2022-01 § 1 (Exh. A), 2022; Ord. 2020-09 § 1 (Exh. A), 2020.)
18.15.210 Accessory dwelling units (ADUs).
1. Purpose and Intent. The purposes of this section are to assist in the creation of new housing units; to support a more efficient use of existing housing stock and infrastructure; to provide housing that responds to changing family needs, smaller households, and increasing housing costs; and to provide reasonable regulations for the construction and use of accessory dwelling units within the City.
The Planning Department is vested with authority to review and evaluate applications under this section and to approve, approve with conditions, or deny any such application. Conditions imposed for approval shall be designed to mitigate any adverse effects of an ADU.
2. Limitations On Accessory Dwelling Units.
a. External accessory dwelling units (“EADUs”) are allowed as a permitted use in the AG-1, AG-2 or R-H zones on lots greater than or equal to one-half acre if the following conditions are met:
i. The EADU must meet the same residential setback requirements as the zone in which it is located;
ii. Not more than one EADU or IADU is allowed per parcel;
iii. HOA or CC&R requirements must be met;
iv. A building permit must be obtained for an EADU before it is constructed, and all inspections must be complete before occupancy;
v. EADU living space may not exceed 1,000 square feet;
vi. An EADU shall provide kitchen, sleeping, and sanitary facilities that are separate from those provided within the primary dwelling unit;
vii. The EADU shall be used exclusively for the purpose of family or guest use or of offering a long-term rental of 30 days or longer;
viii. The EADU may house a maximum of four unrelated tenants;
ix. Two off-street designated parking stalls shall be provided for the EADU separate from what is required for the primary dwelling;
x. The EADU may be connected to and served by the same utility lines as the principal dwelling; however, the property owner shall have two City utility service accounts, with the owner responsible for both accounts. The two dwelling units will total 150 percent of water allotted by the City. In the event of an overage, the principal dwelling account will be charged additionally. Impact fees (water, sewer and road) will also be charged for the additional unit;
xi. An EADU will not be given a separate address by the City. Residences with EADUs may refer mail to the EADU by the same street address as the residence and refer to the owner-occupant as located in unit “A” and the tenant(s) in the EADU as located in unit “B,” or by similar logical distinction;
xii. Mobile homes, recreational vehicles, travel/camp trailers and similar units are prohibited for use as an EADU or for any other dwelling purpose under this title; and
xiii. An EADU shall not be used as a short-term rental, shall not be listed for rental on a short-term rental website or for short-term rental in any other media or publication.
b. Internal accessory dwelling units (“IADUs”) are allowed as a permitted use in a single-family dwelling in the AG-1, AG-2, R-H, and R-C zones. They are not allowed as a permitted use in the M-F residential zones.
i. A maximum of one IADU is allowed per single-family dwelling. An IADU is prohibited in single-family attached dwellings such as, but not limited to, duplexes, twin homes, townhomes, and quadplexes;
ii. The IADU shall be located within the footprint of the primary dwelling at the time the IADU is created;
iii. The IADU shall be used exclusively for the purpose of family or guest use or of offering a long-term rental of 30 days or longer;
iv. The IADU may house a maximum of four unrelated tenants;
v. A primary dwelling with an IADU shall provide parking in a manner consistent with the City’s parking ordinances, rules, and regulations. In addition to the parking standards of the City and in the applicable zone, there shall be at least one off-street parking stall for an IADU. If an IADU is created within a garage or carport, the parking stalls previously contained within the garage or carport shall be replaced with an equal number of off-street parking stalls;
vi. The IADU shall comply with all applicable building, health, and fire codes;
vii. The IADU shall be designed in a manner that does not change the appearance of the primary dwelling as a single-family dwelling;
viii. An IADU is prohibited within any mobile home (as defined by Section 57-16-3, Utah Code Annotated);
ix. If the primary dwelling is served by a septic tank, written approval shall be required from the Summit County Health Department;
x. The lot or parcel on which the primary dwelling is located shall be at least 6,000 square feet in size;
xi. An IADU shall provide kitchen, sleeping, and sanitary facilities that are separate from those provided within the primary dwelling unit;
xii. The IADU shall share all utility meters with the primary residence;
xiii. An IADU will not be given a separate address by the City. Residences with IADUs may refer mail to the IADU by the same street address as the residence and refer to the owner-occupant as located in unit “A” and the tenant(s) in the IADU as located in unit “B,” or by similar logical distinction; and
xiv. An IADU shall not be used as a short-term rental, shall not be listed for rental on a short-term rental website or for short-term rental in any other media or publication.
3. ADU Application and Permit.
a. Every owner of an IADU or EADU in the City shall obtain an ADU permit before any portion of a single-family residence is used for that purpose or before an EADU is constructed. A permit issued under this section does not run with the land and expires upon the residence failing to be owner-occupied or upon the sale of the residence.
b. An application for an ADU permit shall be filed with the Planning Department and accompanied by the fee required by the fee and rate schedule.
c. An applicant shall file a site plan and floor plan with the application. The site plan and floor plan shall demonstrate that all requirements of this section are met, including without limitation requirements related to: compliance with all health, building and fire codes; parking requirements; size of the ADU; utility services; and kitchen, sleeping and sanitary facilities.
d. The site plan and floor plan shall be drawn accurately to scale showing property lines and dimensions, the location of existing buildings or additions, distances from buildings or additions to property lines, the location of parking stalls, utility meters, entrances to the home, and areas within the single-family residence to be used as an ADU.
4. Noncompliance – Revocation or Withdrawal of Permit. A permit for an ADU may be revoked or withdrawn in the following circumstances:
a. The conditions upon which the permit has been issued no longer are maintained by the property owner;
b. The requirements of this section or the permit have been violated; or
c. The property owner applies for a withdrawal by submitting a sworn declaration that the property owner or lawful tenant is not allowing and will not allow any occupant to use the accessory dwelling unit in violation of this section.
5. Enforcement – Revocation of Permit. In the event of a violation of this section, enforcement and revocation proceedings may be commenced as provided in this title. (Ord. 2024-08 § 1 (Exh. A), 2024; Ord. 2023-05 § 1 (Exh. A), 2023; Ord. 2023-04 § 1 (Exh. A), 2023; Ord. 2021-19 § 1 (Exh. A), 2021; Ord. 2020-15 § 1 (Exh. A), 2020.)
18.15.220 Short-term rentals.
1. Purpose – Allowed Locations. The purpose of this section is to establish the process for permitting of short-term rentals whether as a vacation rental or otherwise. The intent is to protect the integrity and characteristics of established land use districts by ensuring that short-term or vacation rentals are operated in a manner that minimizes negative impacts of those uses on neighbors, public services, and the surrounding community. A short-term rental use is allowed as a conditional use in any residential zone.
2. Planning Commission Review. The Planning Commission is vested with authority to review and evaluate applications under this section and to approve, approve with conditions, or deny any such application.
3. Definitions.
a. Responsible Party. The owner(s), agent(s) or management company responsible for the operation and maintenance of the short-term rental property and for its compliance with all laws, rules and regulations applicable to the same.
b. Occupant(s). The individual(s) renting or residing in a short-term rental dwelling unit.
c. Pets. Dogs, cats, or other domesticated animals allowed under City ordinances that, with permission of the responsible party, accompany the occupants of the short-term rental.
4. Permit Required. A conditional use permit and all licenses and permits required by the Summit County Health Department and the State shall be required for all properties used as short-term rentals. The fee required by the fee and rate ordinance shall accompany the conditional use application.
5. Application for Permit. The application for a conditional use permit shall be made on forms provided by the City and shall include a phone contact number and email address for the owner and, as applicable, the responsible party. The application shall be accompanied by a site plan and floor plan that demonstrate that all requirements of this section are met. The plans shall be drawn to scale showing the location of all buildings, property lines, distances from property lines to all buildings, the location of all parking stalls, utility meters, entrances, and such other information as may be required by the application. The drawings shall also demonstrate compliance with all applicable building, health, and fire codes. If the application is made by any person other than the owner of the property, or if the property is not owner-occupied or owner-managed, the application shall be accompanied by a signed document demonstrating the owner’s permission to use the premises as a short-term rental, identifying the responsible party, and providing all details about the identity and business operations of the responsible party as may be required in the application.
6. Prior to operating a short-term rental, the owner or responsible party shall obtain conditional use approval and shall meet all requirements of the conditional use permit. At the time of, or prior to, receiving conditional use approval, the responsible party shall register the business with the state, and obtain a state sales tax ID number; proof of the same shall be filed with the City.
7. Review. The Planning Commission shall review complete applications for a conditional use permit under this section and shall approve, approve with conditions, or deny the application based on the criteria listed in this section. In addition to the requirements of this section, the Planning Commission may impose conditions that are necessary to mitigate the potential adverse effects of the short-term rental on neighbors and nearby uses.
8. Reports and Taxes. The responsible party shall comply with all reporting requirements incident to the use as a short-term rental property, and shall collect and remit all sales, resort, and transient room taxes to the State Tax Commission.
9. Noise, Nuisances and Adverse Effects of Use. The responsible party shall regulate the occupancy of the short-term rental and ensure that:
a. Occupants and their pets do not create noise or other conditions that by reason of time, nature, intensity or duration are out of character with noise and conditions customarily experienced in the surrounding neighborhood;
b. Occupants do not disturb the peace of surrounding residents by engaging in outside recreational activities or other activities that adversely affect nearby properties before 7:00 a.m. or after 10:00 p.m.;
c. Occupants and their pets do not interfere with the privacy of nearby residents or trespass onto nearby properties;
d. Occupants do not engage in disorderly or illegal conduct, including illegal consumption of drugs or alcohol; and
e. The premises, responsible party and all occupants strictly comply with Utah Administrative Code Rule R392-502, Public Lodging Facility Sanitation.
10. Parking. On-street parking is prohibited. An off-street parking stall shall be provided for each vehicle, including trailers, an occupant brings to the premises of the short-term rental. The number of occupants’ vehicles shall not exceed the number of bedrooms available in the short-term rental. Vehicles parked at the short-term rental shall not impede clear sight distances, create a nuisance or hazard, violate any City laws or winter-restricted parking requirement, or infringe on the property rights of any adjacent or nearby property. Parking of vehicles shall be entirely within a garage or carport, or upon a driveway or other gravel or paved surface. Parking is prohibited within any landscape area.
11. Camping Equipment, Facilities, and Other Temporary Facilities. All short-term rentals shall be conducted entirely within an approved residential dwelling unit. Occupied camp trailers, travel trailers, recreational vehicles, tents, yurts, or any similar structures are prohibited.
12. Signage – Exterior and Interior. Exterior signage other than ordinary street address signage is prohibited. The responsible party shall provide a prominent display within the dwelling unit that provides, at minimum, the following information:
a. Contact information for the responsible party at which it may be contacted at any time (24/7);
b. All local regulations addressing noise, parking, pets, trespassing, illegal activity, and conduct; and
c. Any additional rules or regulations imposed by the responsible party.
13. Maintenance and Standards. Any property licensed as a short-term rental shall conform to the following standards:
a. Structures shall be properly maintained and all facilities such as plumbing, HVAC equipment, appliances, etc., kept in a condition that is fully operational and otherwise in good repair.
b. Grounds and landscaped areas shall be properly maintained to ensure that the use does not detract from the general appearance of the neighborhood or create any hazard or nuisance to the occupants or to neighboring properties.
c. Each habitable space shall meet current federal, state, and local building and health codes, and shall be equipped with fully functional smoke and carbon monoxide detectors located at places within the dwelling unit that comply with applicable building codes.
d. Garbage shall be placed in City-approved receptacles, shall not be allowed to accumulate on the property and shall be removed on regularly scheduled pickup days.
e. A fully functional fire extinguisher shall be located in an easily accessible location.
f. A fire exit route plan and statement of the maximum occupancy number for the premises shall be prominently posted.
g. The responsible party shall comply with all inspection requirements of the state, Summit County, and the City.
14. Complaints. Complaints received by the City for any violation of this section will be handled as follows:
a. A first complaint will result in an investigation and, if warranted, the City will issue a written warning to the responsible party; said warning shall provide notice of the complaint, a description of any violation, and actions to be performed to correct a violation. Upon receipt of a second complaint, the City will conduct an investigation, and if warranted, will take one of the following courses of action:
i. Issue another warning;
ii. Issue a citation for violation of City ordinances or rules in accordance with Chapter 18.145 FCC, Penalties;
iii. Initiate formal cause proceedings to revoke the conditional use permit and business license; or
iv. Initiate revocation proceedings as provided in this section.
b. In the event of an order to formal proceedings, the responsible party shall appear before an administrative law judge to demonstrate, by clear and convincing evidence, why the conditional use permit should not immediately be revoked. If the responsible party fails to appear, the facts alleged in the notice for the formal proceeding shall be deemed to be true and the administrative law judge may take such action as it deems appropriate, including revocation of the conditional use permit.
c. Notwithstanding any other remedy in this section, violations of federal, state, or local laws may be prosecuted in any court or administrative tribunal having jurisdiction over the matter. (Ord. 2021-19 § 1 (Exh. A), 2021.)