Planning commission OKs public hearing for ADU and short‑term rental draft ordinances; proposes building‑permit clarification for ag exemptions

The Wallsburg Planning Commission voted on Feb. 18 to send two drafted ordinance packages — one addressing short‑term rentals and one addressing accessory dwelling units (ADUs) — to a public hearing, and to propose a related modification to building‑permit language about agricultural exemptions.

The commission’s draft short‑term rental (STR) language would treat STR operations as a conditional use in the absence of a commercial zoning district; it would allow hotel, motel, RV parks or bed‑and‑breakfast uses to be considered where appropriate, and include an enforcement schedule (written warning; $500 fine; escalating fines and potential legal action for repeat noncompliance). The draft also contemplates aligning advertising provisions with forthcoming state law that would authorize advertising as an enforcement tool if the state bill passes.

On ADUs the draft was revised to reference Wasatch County rather than Utah County where needed and to align with state code language that allows internal ADUs; the draft limits the number of ADUs per property and includes standards such as owner‑occupancy, parking and separate entrances where applicable.

Ag exemption and building permits: commissioners discussed the town’s approach to agricultural exemptions and building permits. The commission proposed adding a short clarifying provision to Wallsburg code stating that any new building over 200 square feet requires a building permit unless it qualifies under the Utah state agricultural exemption. Commissioners said the change is intended as an educational clarification for residents and to reduce unpermitted construction, but they also acknowledged that enforcement capacity is limited and that many enforcement tools (liens, fines) would require council or administrative support.

Enforcement, penalties and process: commission members reviewed an enforcement approach for STRs that begins with a written warning and escalates to monetary penalties (a $500 fine for continued violations and potentially $1,000 per day for ongoing noncompliance), injunctions and recovery of attorney fees. The commission discussed adding a “pre‑lien” or other administrative mechanism so that fines and other obligations could be attached to a property and discovered by title companies.

Action taken: the commission voted to hold a public hearing at 7 p.m. on March 25 to take public comment on the ADU and STR drafts and to forward a recommendation to the town council after the hearing. The commission also passed a motion to add a code provision that structures over 200 square feet require a permit unless they meet Utah state ag‑exemption requirements. The votes were recorded as carried by voice vote; individual roll‑call tallies were not recorded in the transcript.

Next steps: staff will package the revised drafts for public notice and place the hearing notice in the newspaper for the required two‑week publication period. The planning commission expects to present its recommendations to the town council after the public hearing.