Planning Commission passes updated short-term rental ordinance; proposal moves to County Commission

ST. GEORGE — A proposed update to county code regarding short-term rentals passed the Washington County Planning Commission on Tuesday morning. The proposal, which officials say clarifies what had previously been described as broad and vague, now heads to the Washington County Commission for consideration.

In this file photo, members of the Washington County Planning Commission, St. George, Utah, Nov. 12, 2019 | Photo by Mori Kessler, St. George News

Called “Option 2,” highlights of the proposed update include mandates that absentee property owners of short-term rentals have local property management company overseeing their property; post signs on their units identifying the property owner and a phone number for a property manager who is available 24/7; and have off-street parking available for vacation renters.

Code concerning the square footage of short-term rentals is also included in Option 2.

“We’re trying to find the balance between the investors – or property owners that have the short-term rentals – and the people that live next door,” Scott Messel, Washington County’s director of community development, told St. George News.

Option 2 was drafted in the wake of a Sept. 14 Planning Commission meeting in which the original proposal, Option 1, was introduced and subsequently decried by “a more vocal part” of the meeting’s attendees, Messel said.

In this file photo, Scott Messel, Washington County’s community development director, speaks to the county planning commission, St. George, Utah, Aug. 21, 2019 | Photo by Mori Kessler, St. George News

The individuals, he said, were primarily property owners and investors who lived out of the area and took issue with a part of Option 1 that would have only allowed owner-occupied short-term rentals within the county’s unincorporated areas.

Tyson Isham, a local property manager, previously said Option 1 “would turn 96% of our short-term rental market illegal overnight.”

“They have said they would grandfather in anyone who’s already operating legally under the current regulations; however, I don’t think that promise really holds any water.”

Concerns over the growing popularity of short-term rentals within the county have been ongoing for a while. The matter came to a head and resulted in the end of many owner-occupied AirBnB rentals in St. George in 2015. This, in part, led to state legislation in 2017 limiting the ways city and county officials can locate potential vacation homes within their area for the purpose of code enforcement.

More recently, the Washington County Commission voted in May to put a six-month moratorium on the approval of any new vacation rental applications while the county reviewed its existing ordinance and updated it accordingly.

Composite image. Background photo shows Dixie Springs, a hot bed for vacation rentals in Hurricane at the time, Hurricane, Utah, Sept. 8, 2016 | Photo by Reuben Wadsworth, St. George News

At the time, the county ordinance allowed vacation rentals to be set up just about anywhere in the county without much restriction. There was also no clear policy regarding how large a lot would need to be to host a vacation rental.

Prior to the moratorium, a property owner only needed to get a county business license and register with the state to have a vacation rental application approved. After that, the county’s policy became very broad and vague, Victoria Hales, assistant Washington County Attorney, told the commission during its May 14 meeting.

Messel said the existing code was “skewed too far” in allowing the rentals everywhere and not having any cap on square footage or occupancy.

In this file photo, St. George City as seen from the Dixie Rock/Sugarloaf formation at Pioneer Park, St. George, Utah, July 2016 | Photo by Mori Kessler, St. George News

An issue with short-term rentals the county wants to avoid, he said, is the creation of what could equate to mini-hotels in residential neighborhoods where a vacation home may be rented by 30 people or more at a single time.

“If you lived next door to that, that can be impactful,” Messel said. “If you’re going to build a home as a short-term rental, we’re not going to let you build a hotel in a residential neighborhood.”

Residents of neighborhoods where these rentals exist tend to complain about noise, trash and parking, as multiple cars may come with the vacationers. Communities with residents who have complained about short-term rentals have included Dammeron Valley, Pine Valley and Sky Ranch, Messel said

“Those areas have had more tensions and issues with short-term rentals,” he said.

File photo of Dammeron Valley, where community members have spoken out against vacation rentals in their neighborhoods, Dammeron Valley, Utah, May 21, 2016 | Photo by Julie Applegate, St. George News

Isham said restricting short-term rentals would have a negative impact to the local economy, and he called on the county commission to enforce preexisting laws rather than create new ones.

“Our ideal outcome would be for the county to vote to maintain their current legislation with no changes and to put a plan of action in place enforcing their current legislation to the letter,” Isham said. “I’m hoping that property owners and property managers will show up to voice their opinion and defend their rights instead of having them swept away in the dark of night.”

The Facebook group Washington County Property Owners and STR has been following the county’s work on the vacation rental ordinance revisions. As of Tuesday evening, a majority of postings to the group have not supported the Planning Commission’s vote.

Washington County Commissioner discusses the need for the county to revise its policy regarding short-term rentals, St. George, Utah, May 4, 2021 | Photo courtesy of Washington County / CEC, St. George News

One group member noted the planning commission’s removal of the owner occupancy provision and increase of the square footage requirements.

“They added a gravel driveway as an option and restricted lockouts as additional units,” the commenter added. “Some of you might think this is good but keep in mind a summary of what’s still in it. … Annual inspections, make sure you look at the insane signage requirements… There are still dwelling size, local property manager and tons of other restrictions. This whole thing is trash! Please contact the commissioners and tell them to shut it down. It’s up to them now!”

The Washington County Commission will be voting on Option 2 during its Oct. 5 meeting.

St. George News writer Alexa Morgan contributed to this story.

Copyright St. George News, SaintGeorgeUtah.com LLC, 2021, all rights reserved.

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