Nightly Rentals - Proposed changes to Licensing Code

The Town Council is accepting public input on the 4th draft of the nightly rental ordinance.  Comments may be submitted to the Town Clerk no later than noon on Monday, July 8, 2019.

The next meeting addressing the nightly rental ordinance is scheduled for July 8, 2019 during the regular meeting of the Town Council scheduled to begin at 1:00 pm.  Staff will bring back a fourth draft of the nightly rental ordinance based on discussions and direction from the Town Council.   Please see the new amendments to the Nightly Rental Ordinance.   Please Note, no changes have been implemented for nightly rentals until the Town Council adopts an ordinance amending the Nightly Rental Code.  

Brian Head Town is proposing amendments to the current Business License Code as it relates to the nightly rental business (short-term rentals).  This is due to parking and occupancy issues that have arisen. Listed below are the changes that have been proposed:  

Changes for the 4th draft of the Nightly Rental Code scheduled for the July 8, 2019 Council Meeting:
1.  Licensing each physical location has been removed.  
2.  Response Time changed to "Licensee will respond in a timely manner".  
3.  Good Neighbor Policy will be part of the licensing process. 
4.  Single family residential rentals (cabins) will submit the number of on-site parking spaces. 
5.  Single family residential rentals will post the max occupancy limit within plain view:  Calculation based on State Fire Code: 1 person per 200 square feet.  


Changes for the 3rd draft of the Nightly Rental Code scheduled for the June 10, 2019 Council Meeting:

1.  License each nightly rental physical location. - No change from 2nd draft
2.  Change in the response time from 4 hours to licensee is required to respond in a timely fashion
3.  Insurance requirements have changed to require regular homeowner insurance instead of the short term rental policy.  
4.  Occupancy still remains with the Fire Code requirements of 1 person per 200 square feet.  
5.  Condos and cabins will be separated as it relates to parking requirements since HOA's govern their buildings.  - No change from 2nd draft. 
6.  A Good Neighbor Policy Group has been created to review the Good Neighbor Policy and present a recommendation to the Council.  
7.  Fire Inspections will be required every two years - No change from 2nd draft.  

Changes from this proposal are as follows:  
1.  No requirement to license each nightly rental physical location.  One license required for a nightly rental operation.  
2.  Parking and Nuisance Code to be reviewed in order to be in compliance with nightly rental code.
3.  Good Neighbor Policy Group will submit a recommendation. 
4.  A map of overflow parking areas will be created.  
5.  Business License packet will be presented to Council (Application, Map, Good Neighbor Policy, Ordinance, Fire Inspection) 

Some of the highlights of the 2nd draft changes that were presented at the April 22, 2019 Council Meeting:
1.  Each physical location to be licensed individually
2.  Reducing the Nightly Rental license Fees in half. 
3.  Occupancy limits identified according to the State Fire Code. 
4.  Modification of a new Nightly Rental License Application to include an agreement with the property owner acknowledging they are in compliance with the town regulations
5.  Parking:  Cabins and Condos have been separated from this in which a parking plan is required to be submitted from the cabins (Single-Family Residential Zones) and the Homeowner's Association will govern their buildings.  
6.  Four hour response time for complaints.  
7.  Fire Inspections will be required every two years.  

These are some of the proposals made to the Town Council.  Fore more details, please see side column for proposed changes to the licensing code along with a draft of the fire inspection requirements and license application.  

Council Meeting Timeline:
February 26, 2019 - First Draft of ordinance presented to Council to begin discussions. 
March 11, 2019 - Public Hearing held to receive comments on the proposed 1st draft of the ordinance.  From this meeting, Council directed staff to present a 2nd draft with changes. 
April 22, 2019 - 2nd draft of ordinance presented to Council and a presentation from the rental management companies on their recommendations to the 2nd draft. 
May 28, 2019 -Discussions took place and Council directed staff to present a 3rd draft of the ordinance with proposed changes.  The Council created the Good Neighbor Policy Group to review the Good Neighbor Policy and give a recommendation to Council.  
June 10, 2019 - 3rd draft of the ordinance was presented to Council.  The Council decided on the following changes: 1) No separate license required for each physical location.  2) Council will receive a recommendation from the Good Neighbor Policy Group.  3)  The Nuisance and Parking Code will be reviewed to be in compliance with the final draft of the Nightly Rental Ordinance.  4) Parking and Occupancy limits will apply to single-family residential only (No Condos).  

 Once all information has been received, staff will present a fourth draft of the proposed ordinance.  Council requested this ordinance be presented and adopted prior to August 2019.  

Please Note the proposed changes are in a discussion phase at this point.  The Council has not adopted any changes to the License Code.  If you have any questions, please do not hesitate to contact Nancy Leigh, Town Clerk at nleigh@bhtown.utah.gov