Overview: Are Short-Term Rentals Allowed in Toquerville?

As of February 1, 2023, Toquerville placed a citywide moratorium on short-term rentals (“nightly rentals”). The city has six months to finalize updates to the ordinance. New applications for nightly rental permits were not being accepted during the moratorium period. Because the current permitted framework is under revision, any investor activity must be timed to the city’s post-moratorium reopening of applications or pursued under the existing framework if/when the city confirms acceptance resumes.

• Current status depends on the city’s six‑month revision window (moratorium announced Feb. 1, 2023).
• Under the existing ordinance framework, only one property per owner is eligible, the property must be the applicant’s primary residence within Toquerville, and the permit is tied to one dwelling unit under one roof.
• The city has proposed limiting permits to 5% of existing water hookups (currently 721, or about 35–40 permits), with excess applicants placed on a waiting list. This proposal was under consideration at the time of the moratorium announcement.

Bottom line: Short-term rentals are currently suspended pending updated rules. Investors should engage the city immediately to confirm when applications reopen, confirm the 5% cap and waiting‑list plan, and verify any new eligibility criteria or fees.

How to Start a Short-Term Rental Business in This Market

• Confirm your eligibility:
  • The property must be your primary residence within Toquerville (not a secondary or investment property unless it is also your principal place of residence).
  • You must hold 51% controlling interest in the property or any business entity owning it.
  • Only one nightly rental permit is allowed per owner/entities.
• Understand the permitting pipeline:
  1. Pre‑application consultation with City Planning for deadlines and completeness.
  2. Submit a complete Nightly Rental Permit application with all required documents.
  3. Pay the application fee ($250).
  4. City prepares public notice using the 300‑foot radius map and addresses you provide.
  5. Planning Commission public hearing; the commission approves, approves with conditions, or denies.
  6. Annual renewal requires a renewed application, updated site/floor plans, and another Planning Commission public hearing.
• Anticipate a public hearing and neighbor notice process. Provide addressed, stamped envelopes for each property within 300 feet and a map of those properties.
• Secure business licensing and taxation:
  • Obtain a Toquerville business license (Title 3, Chapter 1) and pay the state Transient Room Tax.
• Operational readiness:
  • Ensure adequate off‑street parking for all guests. No overnight on‑street parking for guests or residents.
  • Maintain a guest log (name, address, phone) for law enforcement/city review.
• Observe subdivision covenants and zones:
  • Some subdivisions (e.g., Trail Ridge and Cholla) prohibit short-term rentals by their recorded covenants. Compliance with both city ordinance and HOA/CCR rules is required.

Note: If the moratorium has lifted, verify current deadlines and hearing schedules with the Planning Department before applying.

Required Documents, Permits, Licenses, and Guidelines

• Nightly Rental Permit application (Toquerville City) — Fee: $250.
  • Include vicinity map and three copies of a site map:
    • Property boundaries, dimensions, existing streets.
    • Floor plan (reduced copy 8½ x 11 if legible, or 11 x 17).
    • Off‑street parking plan (adequate spaces; no overnight on‑street parking by guests/residents).
  • Building elevations (for new construction) and material/color details (consistent with neighborhood character).
  • Warranty deed and Affidavit of Property Owner:
    • Shows the applicant’s primary residence is within Toquerville and that the owner (or an entity) has controlling 51% interest.
  • 300‑foot radius map and mail‑out:
    • Map of all properties within 300 feet; obtain copies from Washington County Recorder’s Office (197 E. Tabernacle, St. George).
    • Provide addressed, stamped envelopes for each property owner. The city will mail the public hearing notice.
  • Health requirements:
    • National, state, or local health certificates (e.g., proof of food handler’s permit if food is prepared by the owner).
  • Sign design plan:
    • Dimensions and placement of any on‑property signage.
  • Acknowledgment of standards:
    • One structure under one roof; no temporary structures.
    • Maximum of 10 occupants (including owner and family).
    • Penalties/violations/enforcement/revocation terms.
    • Annual renewal and public hearing.
    • Guest log maintenance.
    • Business license and state Transient Room Tax compliance.
  • Notarized Affidavit and, if applicable, Agent Authorization.

Operational and legal compliance:

• Business license under Toquerville City Code Title 3, Chapter 1.
• State Transient Room Tax payment.
• Zoning and building code compliance.
• Consistency with any recorded covenants/HOA rules for the subdivision.

Specific Regulations (City/County/State)

City of Toquerville (current ordinance framework; see linked sources for full text):

• Permit tied to primary residence and owner control:
  • Property must be the applicant’s primary residence within Toquerville.
  • Applicant must own, or hold a controlling 51% interest in, the property or owning entity.
  • One permit per owner; one dwelling under one roof.
• Occupancy:
  • Maximum 10 occupants per dwelling (including owner/family).
• Parking:
  • Adequate off‑street parking required; no overnight on‑street parking by guests or residents.
• Renewal:
  • Annual renewal required with updated site and floor plans; Planning Commission public hearing.
• Revocation triggers:
  • Revocation can occur upon nuisance determination per Toquerville City Code Title 4, Chapter 1.
  • Failure to pay a fine within 30 days triggers automatic revocation.
  • Revocation runs with the land; a 12‑month waiting period applies before any new application.
• Enforcement:
  • Violations are a Class B misdemeanor, enforced per Toquerville City Code Chapter 5.
• Public notice:
  • 300‑foot radius notification process required for the public hearing.
• Proposed cap under consideration:
  • Permits limited to 5% of water hookups (~35–40 permits); excess placed on waiting list. This was discussed during the moratorium but not confirmed as adopted as of the reported date.

County level (Washington County):

• The city references Washington County Recorder’s Office for obtaining the 300‑foot radius map and parcel list; no separate county permits are cited in the provided sources.

State of Utah:

• The city manager indicated that state law requires a local ordinance to regulate short-term rentals.
• Investors must obtain a business license and pay the Utah Transient Room Tax (state-level requirement). Specific statutory citations and state agency contact details were not included in the provided sources.

Enforcement, Violations, and Penalties

• Progressive fine structure:
  • First violation: $250.
  • Second violation: $1,500.
  • Third violation: $4,000.
  • Fourth violation: Nightly Rental Permit automatically revoked.
• Mandatory review and revocation:
  • Upon the second or subsequent violation, the Planning Commission must review and may revoke the permit in its discretion.
• Automatic revocation triggers:
  • Failure to pay a fine within 30 days of issuance.
  • A 12‑month waiting period follows revocation; revocation runs with the land.
• Nuisance-based revocation:
  • Use that becomes a public nuisance per Title 4, Chapter 1 may result in revocation after notice and hearing.
• Criminal enforcement:
  • Violations are a Class B misdemeanor and enforced under Chapter 5 of Toquerville City Code.
• Recordkeeping:
  • Maintain a guest log (name, address, phone) and provide it to law enforcement or city staff upon request.

Contact Information

• Toquerville City (general permitting and application):
  • Address: 212 N Toquerville Boulevard / P.O. Box 27, Toquerville, UT 84774
  • Phone: (435) 635‑1094
  • Fax: (435) 635‑5761
  • Website: www.toquerville.org
  • Department: City Planning (for Nightly Rental Permit application deadlines and process)
• Washington County Recorder’s Office (300‑foot radius map/parcel list):
  • Address: 197 E. Tabernacle, St. George, UT
  • Note: As detailed in the city application materials; specific phone/email not provided in the sources.
• City Manager (policy and updates during moratorium):
  • Afton Moore (title referenced in source article)

Source Links

• Toquerville Sentinel article summarizing ordinance status, moratorium, and proposed permit cap:
  • www.toquervillesentinel.com/posts2/nj38afyke0yauc8cmiis29qbseqwbd
• Toquerville City Nightly Rental Permit application and standards (official city form):
  • cdn.sqhk.co/cityoftoquerville/mhcchgT/NightlyRentalSpecialPermit.pdf
• City ordinance reference (as posted in the article; linked in the Sentinel piece):
  • cdn.sqhk.co/toquerville.org/fRCtRjg/ORD2022.09NightlyRental.pdf

Practical next steps for investors:

• Call the Planning Department to confirm whether applications have reopened post‑moratorium.
• Request the current fee schedule and any newly proposed caps, waiting‑list rules, or inspection requirements.
• If applicable, coordinate subdivision covenant review (HOA/CCR) prior to application to ensure dual compliance.
• Prepare your complete application package and 300‑foot neighbor mail‑out in advance to minimize hearing delays.