WASHINGTON COUNTY — We live in Washington County in Adobe Hills next to the Sky Ranch development, an area zoned Residential Agricultural in Hurricane. We have three mega short-term rentals (STR) that are existing and nonconforming — a.k.a. “grandfathered in.”
One sleeps 68. Across the street is one that sleeps 30 that backs up to another that sleeps 62. Together they sleep 160 people nightly in a formerly quiet dark sky neighborhood. They are hotels — commercial operations — in a residential neighborhood. In addition to these we have numerous regular STRs.
I appreciate all the time and effort the county has put into managing the onslaught of STRs invading our community. I also appreciate some of the new provisions for new STRs. They have listened and made an effort. My letter is to bring to light some of the reasons the current, well-meaning 10-13-23 Short Term Rental Provisions and Good Neighbor Policies fall short. And how the county is unable to enforce them.
General Provisons: No. 2 Owner -Occupancy
Owner-occupancy required. A short term rental license shall not be issued for a dwelling on a lot or parcel unless the single family dwelling, or the accessory dwelling, is owner-occupied. For the purposes of this section, an “owner-occupant” shall have a primary residential exemption on the lot or parcel as determined by the Washington County Assessor’s office, and shall reside on the lot or parcel for a minimum of one hundred eighty-three (183) consecutive calendar days during the calendar year. A short term rental license is deemed revoked if the owner-occupant temporarily leaves the lot or parcel for a period that exceeds one hundred eighty-two consecutive calendar days.
This is not enforceable. My next door neighbor has 3 STR units on his property that are not one of the mega-sized STRs in Adobe Hills. They are not “grandfathered” or “existing, nonconforming”. He lives in Hawaii for most of the year. I sincerely doubt he is “living” there for 183 days per year. How can the county find out? Post cameras? Is it my job to prove it?
The truth is we can’t. The STR business owners know it too. Because it is unenforceable, it is a useless provision.
In addition to that violation, this neighbor operates three individual units on one lot. Another neighbor notified the county months ago. They still advertise and rent all units individually. This violates:
C. General Provisions:
- Only one STR. Only one dwelling on a lot or parcel may obtain a license as a short term rental, and only where the single family dwelling and accessory dwelling legally exist. The STR shall not have lockouts or other features that increase the number of units being short term rented in any manner. All provisions in this code shall be met, including the size limitations and setbacks for the dwelling as applicable in the zone
- General Provisions: Compliance with Good Neighbor Policy
The owner-occupant, local property manager and the guests will comply with the responsible use and Good Neighbor Policy adopted by the Community Development Department.
Good Neighbor Policies that are unenforceable or aren’t enforced:
- Noise
- Quiet time is from 10:00 p.m. to 7:00 a.m.
- Please consider moving indoors after 10:00 p.m. If you choose to be outside, please be considerate of the neighbors and use indoor voices.
- If your vacation rental is equipped with a pool, hot tub or fire pit, please remember your voices carry much farther at night.
Myself and my neighbors have called numerous times about the noise. If the sheriff’s department arrives, we are told it has to be at a certain decibel level. It doesn’t mention any specific decibel in the Good Neighbor Policy, so why won’t the sheriff’s department give us an incident number and cite the business owner for a violation of the Good Neighbor Policy?
If there is a specific decibel, is it a low enough level for a residential zone? This would need to be looked at and possibly changed to fit the needs of citizens. This regulation is too blurry and needs definition.
B. Parking
Renters and guests must park in the garage, carport, driveway or designated parking area of the property. Do not park on dirt, landscaping or the front yard. On-street parking is prohibited. Your short-term rental is required to have a designated parking area on the property, use it!
We have called multiple times about parking and even documented incidents with photos. The sheriff’s department states it is a “public street” and that it’s not against the law. The operators answering the phone are totally unaware of STR codes and provisions. At this point we, meaning neighbors of these rentals, are unaware of any action taken against the business owners of STRs.
Occupancy:
How many is too many? Each short-term rental advises an occupancy limit that varies according to the size of the home and number of beds. Always check with the owner before bringing additional people to the property and verify that you are not breaking any rules.
Rambunctious or unruly parties, excessive crowds, large social events or unsafe driving of ATV’s could result in a citation. Remember this is a residential neighborhood. It’s never fun to get a ticket for having too much fun.
We have reported on numerous events, rambunctious and unruly parties. We have documented incidents with photos and videos. This week, a wedding at Molly’s Landing, 1500 West 4551 South, in Hurricane, Utah, had a commercial sound system blasting after 10 p.m. and the commercial floodlights blazing in our dark sky neighborhood.
In the past we have also had a bachelor party there. The sheriff’s department was called and arrests were made at the time. These are only two, many more have been reported.
Provision 5. G. Campers are prohibited. Tents, recreational vehicles (RV’s), campers and similar units that were not designed for permanent residential use are prohibited as STR’s. Overnight occupancy of recreational vehicles, camp trailers and tents at the STR property is prohibited.
We have reported RV’s and documented them with photos. Again as far as we know no action was taken against the owners. It is mentioned in the Good Neighbor Policy but it is also listed in Provisions #5L
Events: A residential dwelling with a Short Term Rental License, and its lot or parcel, shall not be used by the STR guests for events. It is the intent of this section to strictly limit the use to short term lodging, and not to host events; such event use would change the nature of the residential setting.
As I stated before, we had a wedding this week at Molly’s Landing. Last week it was a fraternity party from the University of Utah at the STR across the street that sleeps 68. Also, I would like to address the “General enforcement” listed in 10-13-23.
Fines. An owner-occupant or local property manager, or both, may be assessed a fine if found in violation of this section, after written notice of the possible civil and criminal penalties, and reasonable opportunity to cure. The county hereby adopts the following fine schedule:
First offense: warning letter.
Second offense: five hundred dollars ($500) a day until compliance or license revocation.
Any additional offense thereafter: one thousand dollars ($1000) a day until compliance or license revocation.
Prosecution. Any additional offense thereafter (after the warning letter, and the second offense) also may be prosecuted as a class B misdemeanor. Each additional offense is a separate class B misdemeanor. (Ord. 2021-1196-O, 10-5-2021; amd. Ord. 2022-1205-O, 3-15-2022)
These STR businesses in our residential neighborhood are bringing in upwards of $4k a night. Warning letters, $500, and $1,000 is nothing. It’s a fly buzzing around the room.
Revocation. A Short Term Rental License may be revoked by the Community Development Department for any violation of this section, or county, state or federal law if the owner-occupant or local agent have been cited by the department for a second offense, or for any additional offense thereafter. If revoked, a Short Term Rental License shall not be issued for the same dwelling, lot or parcel for a period of two years, and a Notice of Revocation shall be placed in the property records evidencing the license revocation and duration. A license also may be revoked for:
Any action that endangers the public health, safety or welfare; failure to remit required taxes; or fraud, misrepresentation, or a false statement of material fact in the license application as determined by the county.
With the preponderance of evidence and complaints of legitimate violations we have made to the county about these mega STRs that are “existing, nonconforming” or “grandfathered in,” why hasn’t the county taken more action against these long existing and long violating STRs?
We question whether our complaints and documents are recorded when we call in. We wonder if they are being investigated? We wonder if every year they get a clean slate in their record of violations and if so why? Why isn’t there more transparency from the county?
A few suggestions for the county:
- Clarify the blurry aspects to the “Good Neighbor Policy” and to 10-13-23 Short Term Rental (STR) Code/Provisions. Make requirements clear and leave nothing open to interpretation.
- Replace unenforceable Provisions & Good Neighbor Policies with ones that can be enforced and documented.
- Educate everyone in the sheriff’s department that will handle our calls — from the dispatchers to every deputy.
- Have transparency. Citizens should be able to look up online and find out about these commercial businesses in our neighborhoods and what’s been tracked.
- Follow-through and track the number of incidents, violations, and complaints and be transparent about it so we know it’s being done and our efforts aren’t in vain or being ignored.
- Protect us from remaining lots in neighborhoods already saturated with STR from having STR built on each one. Neighborhoods shouldn’t have so many so close to each other unless they are zoned commercial. We are zoned residential agricultural not commercial.
- Until the county has the staff and resources to enforce even the current provisions no more licenses should be offered.
- “Grandfathering” or “existing, nonconforming STR” should not be issued licenses in perpetuity. Violations should be enforced especially on them. They are getting a special privilege and a business advantage over other future STR businesses and hotel competitors. It’s a privilege not a right.
Again, we appreciate all the county efforts. We know this is a new problem for the county and everyone is trying their best to be fair to all involved. We know there is concern about the large investments that have gone into these commercial operations. We would like to remind them of the large individual investments we have put into our homes.
There are very few homes in our area valued under one million dollars. Together our investments are much greater than all three of these mega STR together. We are forming an organization to fight the influx of commercial businesses invading our residential zone.
Last week I met a real estate agent showing one of the 6+ empty lots in Adobe Hills. Her client was considering building an STR. Is the county protecting us from more being built in this already saturated small neighborhood? We really do appreciate all that has been done but it is not enough to protect our property and way of life.
We need more and we need it now. “Grandfathering” should not be forever. Especially, when we can document several violations at all 3 of the mega operations in Adobe Hills. Litigation is always a last resort but we will defend our collective investments and our right to a peaceful way of life.
I can’t help but believe that there are others out there reading this that are also having STR issues. We would like to unite with you. There is strength in numbers. Send our group an email to [email protected].
Written by MERRI ANN PERKINS CROWTHER, Hurricane, Utah
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