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Show Page 12 The Ogden Valley News Volume XXX Issue VII June 15, 2023 STANDARDS cont. from page 1 approving STR rental use, or if the STR will be served by a wall or septic system, the local health department will need to sign o昀昀. Will-serve letters shall specify the maximum occupancy or number of sleeping rooms allowed to be associated with the unit’s STR use. • Submission of a building permit and associated land-use permit, unless no building modi昀椀cations are required in order to attain compliance with building codes; otherwise, certi昀椀cates of occupancy shall be submitted. • If there is outside lighting, an approved outside lighting plan is required. • Submission of the name(s) and contact information associated with the individual(s) or management company being designated as the Responsible Agent(s). In case of an emergency, or a problem, the Responsible Agent must be close enough to the STR to arrive within a 60-minute timeframe to deal with any issues that may arise. • If the property is being managed by another party, a signed acknowledgment by the owner and agent must be provided, indicating that all parties have read the STR ordinance, and that they understand the licensing, operational standards, violation, and revocation provisions. • An STR rental license is invalid if issued for any property that is subject to private covenants that prohibit the property’s availability for STRs. This applies regardless of how the private covenants are labeled, and regardless of whether or not the private covenants are enforced by a homeowner’s association or committee. • When all requirements are met, an application fee will be required for licensing. This can be paid for online. Also needed is an Entity number for your taxes. A license shall not be issued unless each of the county’s requirements are complete4d in full, as determined by the Weber County planning department. If a license is granted, according to the county’s operating standards, as found in 10811-8, each licensed STR property shall have the following information posted in a prominent, conspicuous, visible place where it can easily be viewed by tenants at the STR property: • STR license number. • Contact information for the owner and responsible agent, including a phone number for 24-hour response to emergencies. • The property’s maximum occupancy. • The property’s speci昀椀c parking plan, including the maximum number of vehicles allowed to be parked on the property, the location of parking for large vehicles or trailers, the prohibition of parking in the public right-ofway, and all other applicable parking rules. • Map and description of the locations of 昀椀re extinguishers and emergency egress routes. • Generally applicable requirements regarding noise, parking, trash pickup, and 昀椀re restrictions that will foster good neighbor relations. • Current 昀椀re restriction information, if any, as disseminated through the Weber County Fire District’s website. • Any other information deemed necessary by reviewing agencies to ensure public health, safety, and welfare. • Externally posted street addressing in a conspicuous location where it can be easily viewed day or night from the adjacent street or access way. Advertising Requirements - As provided for in Utah Code Annotated (UCA) 17-50-338, the following advertising requirements are not intended to prohibit an individual from listing a property for STR on any STR website. All advertising for an STR property shall include the following information in searchable plain text: • The property’s STR license number. • The property’s maximum permitted occupancy. • Maximum parking capacity, including the availability for parking of large vehicles or trailers. • A digital link to the count’s STR regulations. • The following language, verbatim, in a prominent location of the advertisement: “Any advertisement for a short-term rental property in unincorporated Weber County, Utah, that does not provide a unique license number is unlikely to be a lawfully licensed short-term rental.” Occupancy Limits - The maximum occupancy for an STR rental property shall be no more than two people per bedroom, plus four people, for up to a maximum of ten people per STR, and is subject to the following: • A property’s maximum occupancy may be reduced due to a property’s unique characteristics, including, but not limited to, parking constraints or septic/sewer system capacity. • A greater maximum occupancy may be approved following additional review and approval of applicable reviewing agencies and the provision of additional components that would otherwise limit capacity, including, but not limited to, 昀椀re suppression systems, parking capacity, septic/sewer capacity, culinary water rights, and the number of available sleeping rooms. • No licensed STR unit may be rented for less than two consecutive nights, with exception to property in the DRR-1 zone. Parking - In addition to the parking requirements for dwellings, as outlined by Section 1088-2, the following parking regulations are also required for all licensed STR properties. • At least one parking space measuring a minimum of nine feet by 20 feet shall be provided for each two sleeping rooms o昀昀ered, but never less than two parking spaces. • All vehicles of occupants and visitors of an STR property shall be parked only within the property’s boundary lines and in accordance with the approved parking plan. • Additionally, up to, but no greater than, 25% of the property’s front or side yard setbacks may be used for parking. • No parking is allowed within the property’s adjacent rights-of-way. • No vehicles shall be parked on the lawn or landscaped areas of the property. • No vehicles with a passenger capacity of greater than sixteen (16) persons may be parked at the property. • Trailers and oversized vehicles shall be parked in the locations designated on the approved parking plan. Trailers and oversized vehicle parking shall be a minimum ten feet by 45 feet and area for reasonable access and maneuvering to the space shall be provided. Noise - Between the hours of 10:00 p.m. and 8:00 a.m., no sound exceeding 50 dB, and no amplified or reproduced sound shall be allowed as measured from the property line. Nature of Use - The STR shall remain consistent with the residential nature of the area. As such, no commercial operations shall be permitted in the home or on the property in connection with the STR. This shall include large events that exceed the normal occupancy of the stated limit (see Section 108-11-8 (c)) at any time on the property. Prohibited uses/events shall include, but are not limited to, receptions, luncheons, weddings, retreats, and similar commercial uses or events. Catering of food, erection and use of temporary shelters, tents, canopies, and other similar structures, and outside employees and/or staff are expressly prohibited. Complaints & Violations - The following sets the minimum requirements for STR complaint resolution. • Making an initial complaint. An initial complaint concerning the use or occupancy of a licensed STR unit may be made to the county or designee by a means as established by the Planning Division. Anonymous complaints will not be processed. • Noti昀椀cation to Responsible Agent. When a complaint concerning an STR has been received, contact to the responsible agent will be attempted by a county designee using the telephone number on 昀椀le with the county. If the Responsible Agent does not respond to the county designee within su昀케cient time for the responsible agent to address the complaint within the timeframe speci昀椀ed in Section 108-11-7, this constitutes a major violation as provided in Subsection (b) of this section. • Attempt to resolve complaint. The Responsible Agent is required to resolve the issue within 60 minutes of receiving noti昀椀cation of the complaint. • Contacting law enforcement. If a complaint involves the immediate health and safety of any person or property, or if, despite good faith e昀昀orts, the problem that was the subject of a complaint cannot be resolved, the Responsible Agent shall immediately contact law enforcement, and follow any direction(s) given by any law enforcement o昀케cial. • County investigation. The county shall investigate a formal complaint received, in order to determine if it is a substantiated complaint that represents a documented violation of any provision(s) of this chapter. Violations - Violations for licensed STR properties shall be classified as either a Minor or Major Violation. Violations for unlicensed rental properties shall be classified as an Unlicensed Violation. Minor Violations are any violation of the STR operational standards as provided in Section 108-11-8. Owners will be given one warning following their first Minor Violation within any consecutive 12 months. If this warning is subject to a static and prevailing concern, owners shall be given three calendar days to correct the issue, or the warning will become a documented Minor Violation. After three Minor Violations within 12 consecutive months, the owner shall be issued a Major Violation on the fourth and subsequent occurrences. Each Minor Violation shall be subject to an administrative penalty. A Major Violation shall consist of the failure of the Responsible Agent to perform their responsibilities, or the fourth and subsequent Minor Violations within a 12-month consecutive time frame. Owners will be given one warning in the event of a responsible agent failing to perform their responsibilities within each calendar year. Each major violation shall be subject to administrative penalties as provided in Section 108-11-10. Any person found in violation of any provision(s) is liable for an administrative penalty in the form of a monetary fine based on the property’s average nightly rate, not to exceed the maximum allowed by state statute. The average rental rate of the property shall be determined through the advertised nightly rental rate. After the first day the violation occurs, each day that the violation remains unresolved shall carry an additional daily administrative penalty in the same amount. The amounts shall be determined as follows: Minor violations. Monetary fines shall be 50% of the advertised nightly rental rate up to the maximum state allowance on the date(s) of the violation. Major violations. Monetary fines shall be 100% of the advertised nightly rental rate on the date(s) of the violation up to the maximum state allowance. Unlicensed violations. Monetary fines shall be 200% of the advertised nightly rental rate on the date(s) of the violation up to the maximum state allowance. In the event the county cannot determine the average nightly rental rate of a specific rental, the average rental rate of the violation dates within the planning area shall be used. If a STR unit has four minor violations within three consecutive months, or six minor violations within twelve consecutive months, the STR license shall be revoked in accordance with the provisions of Section 102-4-3. If a STR license is revoked due to an accumulation of minor violations, for a minimum of one year following the revocation, the county shall not accept an application for a new license for the same STR unit; with the exception that a new application by a new property owner, proven to be unaffiliated with the property owner whose license was revoked, may be considered. If a STR unit has two major violations within three consecutive months, or four major violations within twelve consecutive months, the STR license shall be revoked in accordance with the provisions of Section 102-4-3. If a STR license is revoked due to major violations, for a minimum of two years following the revocation, the county shall not accept an application for a new license for the same STR unit; with the exception that a new application by a new property owner, proven to be unaffiliated with the property owner whose license was revoked, may be considered. In addition to the process explained herein, license revocation shall follow the procedure specified in Section 102-4-3. Flag Day & Flag Etiquette Flag day is Wednesday, June 14, 2023. While not a federal holiday, Flag Day is an annual observance for all Americans. It is always held June 14, honoring June 14, 1777, the day the Second Continental Congress adopted the Stars and Stripes as the U.S. flag. However, the first national observance of Flag Day didn’t take place for another 100 years— on June 14, 1877—after the original resolution in 1777. The following flag laws and regulations are contained in the Public Law as amended July 7, 1976 by the 94th Congress of the United States. They set forth the existing rules, customs, and etiquette pertaining to the display and use of the flag of the United States of America. Because of space constraints, not all of the rules have been listed, but the most commonly referred to. Section 2 - (a) It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed twenty-four hours a day if properly illuminated during the hours of darkness. (b) The flag should be hoisted briskly and lowered cautiously. (c) The flag should not be displayed on days when the weather is inclement, except when an all-weather flag is displayed. (d) The flag should be displayed on all days, especially on New Year’s Day, January 1; Inauguration Day, January 20; Lincoln’s Birthday, February 12; Washington’s Birthday, third Monday in February; Easter Sunday (variable); Mother’s Day, second Sunday in May; Armed Forces Day, third Saturday in May; Memorial Day (half-staff until noon), the last Monday in May; Flag Day, June 14; Independence Day, July 4; Labor Day, first Monday in September; Constitution Day, September 17; Columbus Day, second Monday in October; Navy Day, October 27; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; Christmas Day, December 25; and such other days as may be proclaimed by the President of the United States; the birthdays of States (date of admission); and on State holidays. (e) The flag should be displayed daily, on or near the main administration building of every public institution. (f) The flag should be displayed in or near every polling place on election days. (g) The flag should be displayed during school days in or near every schoolhouse. Section 3 - That the flag, when carried in a procession with another flag or flags, should be either on the marching right; that is, the flag’s own right, or, if there is a line of other flags, in front of the center of that line. FLAG ETIQUETTE cont. on page 14 |
