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Council approves nightly rental for Vance property after fire-department conditions, asks owners to resolve tower setback

3431904 · May 21, 2025
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Summary

Toquerville City Council approved a nightly rental application for Kathy and Ray Vance after the applicants agreed to fire-department conditions including installing a hydrant and an approved turnaround; the council also asked the owners to resolve a separate radio/cell tower setback issue on or adjacent to the property before final licensing.

Toquerville City Council on May 21 approved a nightly rental application for Kathy and Ray Vance, subject to conditions from the fire department and additional items the council requested. Planning staff said the home had been a legal nonconforming structure; because the owners sought a change of use to a nightly rental, the property must meet current code conditions tied to safety and access.

City staff and the fire marshal told the council that the main outstanding issues were emergency access and water supply for firefighting. City staff said the applicants agreed to install a fire hydrant within the 250-foot distance required by the International Fire Code and to construct a fire-department-approved turnaround at the end of the existing private access. The applicants also agreed to engineering review of the new hydrant and lateral so the city—s water department can avoid creating a stagnant dead-end line.

Planning staff summarized the history: the structure is legally nonconforming and planning commission recommended the nightly rental only after public-safety conditions were addressed. The planning commission had earlier recommended a secondary access route into the property and a standpipe option; after on-site visits staff and the fire marshal proposed the hydrant and turnaround approach instead.

Council members asked the applicants to resolve a separate issue: a radio tower and its guy wire near the property line may not meet the city—s setback rules. The council asked staff and the applicants to bring the tower into compliance (for example by lot-line adjustment, relocation or other remedy) as part of the conditions for the nightly rental approval.

The council approved the nightly rental permit with the condition that the Vances complete the fire-department requirements (hydrant, turnaround and any engineering reviews), work with the water department to avoid stagnant dead-end piping, and bring the tower/guy-wire configuration into compliance with city land-use standards before final licensure. The council motion carried without recorded opposition.

Why it matters: The decision converts a legal nonconforming residential property to a nightly rental use; council and staff tied approval to fire-department safety measures and asked the owners to resolve an independent land-use nonconformance (the tower) before the business license is issued.

Next steps: The applicants will obtain engineered plans and coordination with the water and fire departments, install the hydrant and turnaround, and work with planning staff to remedy the tower setback. City staff will confirm completion of the conditions before issuing any final license or allowing the nightly rental to operate.