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HomeMy WebLinkAbout01112018 ZPC Agenda Item 3 Accessory Quarters Accessory quarters(or "AQ'). A dwelling unit meeting all of the following criteria: (i)it is located on the same building site as a principal building containing a dwelling used for single-family(detached)use;and(ii)it includes no more than six hundred square feet of gross floor area. Dwelling unit(or "DU'). A building,a single room or a group of rooms capable of being occupied and which have all of the following: (i) direct access from outside of the building or through a common hall; (ii)a kitchen area including a sink, a refrigerator and cooking equipment;and(iii)a full bathroom including a sink,a commode and either a bathtub or a shower. Family. One person,or a group of persons meeting any of these three criteria: (i) each member of the group is related to each of the others within four degrees of consanguinity or affinity(a"related family"); or(ii)the group includes only a related family plus one other person,all of whom live and cook together as a single housekeeping unit; or(iii) the group includes only persons who live and cook together as a single housekeeping unit,in a family-type home approved in accordance with Article S. Home occupation .A business activity upon a given building site which meets all of the following criteria: (1) It is carried on exclusively by persons who lawfully reside upon the building site without the employment of any other person,whether paid or unpaid. (2) It does not involve any sign or other means of advertisement on or near the building site. (3) It does not involve any significant storage of goods or fixtures. (4) It does not require any specialized building or structure, or any modification of a building or structure. (5) It does not involve the transmission of sound or electronic impulses other than by means of utility services. (6) It does not cause any significant increase in traffic or on-street parking. (7) It causes no noise, odor,discharge of any substance or gas, vibration or other condition detectable from outside the building site in question. (8) It is subordinate and incidental to a permitted principal use of the building site. Reside. To live or to intend to live at a place either indefinitely or longer than 42 days. Residential purposes(or uses). Ordinary domestic purposes(or uses),not involving any business,commercial, industrial or institutional activity, whether carried on for profit or not. Providing any good or service,or offering to provide it,on or from any premises to or for anyone who does not reside on the same premises in exchange for any money or thing of value,whether demanded or accepted,is a business activity. However,in any proceeding where the presence of a business activity under this ordinance is an issue,it shall be an affirmative defense that the alleged business activity was only an incidental sale or was part of a home occupation,but such an affirmative defense shall not apply to any alleged violation of another ordinance of the City unless the other ordinance so provides. Residential worker. A person who is employed to perform residential services at least 25 hours per week at the same premises where the person resides. Residential services are personal services which are performed for someone who also resides on the premises and which are purely residential in nature(and not income- producing)such as cooking,cleaning,attending children or handicapped persons or maintaining the grounds. Single-family(detached) use(or "SFD"). A use of a building site which meets all of the following criteria: (1) There is no more than one dwelling unit, and one accessory quarters. Other lawful accessory uses are permitted on the building site. (But see, Table 7-4b). (2)There is no multiple utility service on the building site. (3) There is no physical connection between any building on the building site and any other building on another building site. (4)No more than one family,plus no more than two residential workers,reside upon the building site. (5) If the family includes a person not related to each of the others in the family within four degrees of consanguinity or affinity, the unrelated person resides in the principal building with at least one of the others. (6)The entire building site is used exclusively for residential purposes (although, as provided in the definition of"residential purposes," an affirmative defense is available for a home occupation and an incidental sale). Single-family(attached) use(or "SFA'). A use of a building site which meets all of the following criteria: (1) Each dwelling unit is located on a plot of ground to which the occupants of the unit have exclusive access, from the ground to the sky. (2)No dwelling unit has any entrance or exit connecting to another dwelling unit. (3) No dwelling unit shares any interior hall or interior passageway with any other dwelling unit. (4)No more than one family resides in any dwelling unit. (5) The entire plot of building site is used exclusively for residential purposes (although,as provided in the definition of"residential purposes," an affirmative defense is available for a home occupation and an incidental sale). City of West University Place Harris County, Texas ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 54, OF THE CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BY ADDING ARTICLE VIII, SHORT TERM RENTALS, TO REGULATE SHORT TERM RENTALS WITHIN THE CITY; CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT AND IMPOSING A PENALTY FOR VIOLATIONS. WHEREAS, the City Council of the City of West University Place, Texas (the "City Council") seeks to provide for the public health, safety, and welfare of its citizens; and WHEREAS, the City Council seeks to promote orderly and safe use of property within the City of West University Place, Texas ("City"); and WHEREAS, the City Council finds that short term rentals pose certain adverse externalities on neighbors not generally created by long term rentals due to the nature of temporary, transient guests; and WHEREAS, the City Council finds that absentee owners lack the same level of commitment to neighbors and the community as resident owners; and WHEREAS, the City Council finds that the community has historically been predominantly single family residences; and WHEREAS, the City's Comprehensive Plan prioritizes residential uses and values of the City; and WHEREAS, the City Council believes that regulating short term rentals will assist in protecting and preserving the dignity, sanctity, and quiet enjoyment of low-density, single-family residential neighborhoods, which are the City's primary land use category; and WHEREAS, the City Council desires to give City Staff tools to respond promptly to residents' concerns related to short term rentals; and WHEREAS, the Texas Legislature has defined the short term rental of residential property as a business activity by inclusion of short term rentals in Texas Tax Code, Section 156.001, making same subject to the Hotel Occupancy Tax; and WHEREAS, the City Council agrees with the State that short term rentals are business activities, and further that such are not "home occupations", nor are they non- conforming uses as defined by the City Code; and {00192286.docx} WHEREAS, pursuant to Texas Local Government Code Section 211.003 the City has general authority to regulate the location and use of buildings, other structures and land for business, industrial, residential, or other purposes; and WHEREAS, pursuant to Texas Local Government Code Section 51.001, the City has general authority to adopt an ordinance or regulation that is for the good government, peace or order of the City and is necessary or proper for carrying out a power granted by law to the City; and WHEREAS, pursuant to Texas Local Government Code Section 217.042, the City has general authority to define and declare what constitutes a nuisance and authorize the summary abatement of the nuisance in any manner considered expedient; and WHEREAS, the City Council finds that the terms of this ordinance are reasonable, necessary, and proper for the good government of the City of West University Place, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, THAT: Section 1. Chapter 54 of the Code of Ordinances of the City of West University Place, Texas is amended by the addition of a new Article VIII, Short Term Rentals to read as set out in Appendix A, attached hereto. All other portions of Chapter 54 of the Code of Ordinances not specifically amended hereby remain in full force and effect. Section 2. All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this Ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, neither the remainder of this Ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this Ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this Ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 5. The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. 2 Section 6. This Ordinance takes effect immediately upon its passage and adoption on second reading. PASSED, APPROVED AND ADOPTED ON FIRST READING on the day of , 2018. PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SIGNED, on the day of , 2018. Attest: Signed: City Secretary Mayor (Seal) Recommended by: City Manager Approved as to legal form: City Attorney 3 City of West University Place Harris County, Texas Appendix A (deletions shown by strike-out, additions shown by underline) Article VIII. —SHORT TERM RENTALS Sec. 54-201.-Definitions. In this article: Non-Residential District means a zoning district within the City that is not a Residential District. Residential District means a zoning district in the City primarily for residential use, including the following zoning districts: Residential SF-1, Residential SF-2, Residential SF-3, Townhouse District, PDD —TH1, PDD —TH2, PDD—TH3, PDD — TH5, PDD —TH6, PDD— SF1, PDD — SF2,GR-1, and GR-2. Short Term Rental means the rental of all or part of a residential property to a person who is not a permanent resident, and who does not have the right to use or possess the property for at least thirty(30) consecutive days. Sleeping Area means a room or other space within a Dwelling designed or used for sleeping, including a bedroom. Tents and Recreational Vehicles shall not be considered a Sleeping Area. Sec. 54-202.-Confirmation of Zoning Violation. (a) Short Term Rentals in the Residential Districts of the City are an unlawful use in those districts as a business or commercial use incompatible with the zoning of the City's Residential Districts. (b) Any person subject to enforcement under section 54-204 violating a provision of this ' section shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine in accordance with the general penalty section 1-7 of the Code of Ordinances of the City. Sec. 54-203.-Declaring a Nuisance. (a) The traffic, parking difficulty, noise, trash, and other aspects of hotel, motel, bed and breakfast and related business activities are not the norm in a residential neighborhood of West University Place, Texas. Those aspects of commercial use are the basis for the separation through zoning of commercial and residential uses. Therefore the City declares Short Term Rentals a nuisance in the Residential Districts, and prohibited in the Residential Districts of the City. (b) Any person subject to enforcement under section 54-204 violating a provision of this section shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine in accordance with the general penalty section 1-7 of the Code of Ordinances of the City. {00192286.docx} 4 Sec. 54-204.-Persons Subject to Enforcement. The owner of the property, the tenant and each of his or her guests, the management company, and any partnership, corporate entity acting in those capacities are subject to enforcement of this article. Sec. 54-205.-Permit Required. The owner or operator of a Short Term Rental in a Non-Residential District must obtain a Short Term Rental Permit within one-hundred eighty(180)days of the effective date of this Ordinance. Sec. 54-206.-Short Term Rental Permit Application. Application for a Short Term Rental Permit shall be in writing on an application form available in the Public Works Department, shall be accompanied by a payment of the fee of$500 and shall include the following information at a minimum: (a) A list of all of the Owners of the short term rental including names, addresses and telephone numbers. (b) A sketch or narrative describing the location of the available parking for short term renters. (c) A sketch of the floor plan. (d) The name, address and 24 hour telephone numbers of a contact person who shall be responsible and authorized to respond to complaints concerning the use of the Short Term Rental. (e) Proof of Hotel Occupancy Tax compliance with Chapter 351 of the Tax Code, before the permit is granted. (f) Proof of insurance for the property covering Short Term Rentals. (g) A statement that the Owner of the Short Term Rental has met and will continue to comply with the standards and other requirements of this article. (h) A current email address for the owner or operator, if applicable. (i) If the owner/operator has a property management or agent, owner/operator shall provide property management or agent phone number, mailing address and email address. Sec. 54-207.-Short Term Rental Standards. (a) Occupancy. The maximum number of persons allowed to reside in a Short Term Rental is two (2)persons per Sleeping Area plus an additional four(4)persons per residence. (b) Parking. A minimum of two (2) off-street parking maces shall be provided. (c) Life Safety. (1) All building and fire related construction shall conform to the City's Building Codes for residential dwellings. (2) A standard 51b. fire extinguisher shall be properly mounted within seventy-five (75) feet of all portions of the structure of each floor. (3) Every Sleeping Area shall have at least one operable emergency escape or rescue 5 opening. (4) An evacuation plan shall be posted conspicuously in each Sleeping Area. (d) Conduct on Premises. Each occupant and visitor to a Short Term Rental shall comply with all applicable provisions of the City's Code, including, without limitation: noise and disorderly conduct, litter prohibition, parking, trespassing, and nuisance provisions. All occupants and visitors shall be informed in writing of relevant City's ordinances including, but not limited to, the City's nuisance ordinance by the owner or operator of the Short Term Rental. (e) Tenant Indoor Notification. The owner or operator shall post in a conspicuous location of the Dwelling the following minimum information: (1) Maximum number of occupants. (2) Location of off-street parking and other available parking and prohibition of parking on landscaped areas. (3) Any quiet hours or noise restrictions (4) 24 hour contact person and phone number (5) Property cleanliness requirements (6) Trash pick-up requirements (7) Emergency evacuation routes (8) Emergency Numbers (9) Notice that failure to conform to this article is a violation of the City's Code and occupant or visitor can be cited. (10)Other useful information about the community. Sec. 54-208.-Short Term Rental Permit Renewal. A Short Term Rental Permit will be renewed annually through an inspection conducted by the Fire Marshal to verify continued compliance with this article. A renewal of a Short Term Rental Permit will include renewal fee of$300 payable by the owner or operator before the Permit is renewed. Sec. 54-209.-Short Term Rental Permit Transferability. A Short Term Rental Permit is transferable to a new property owner, if the new property owner submits a Short Term Rental Permit application and agrees in writing to comply with the requirements of this Ordinance. A new owner must apply for a Short Term Rental Permit within ninety (90) days from the closing date of the purchase. The new owner must provide a copy of the closing statement with the Short Term Rental Permit application form. Failure of the new property owner to apply for permit within ninety(90) days from the closing date will revoke the Short Term Rental Permit. Sec. 54-210.-Short Term Rental Permit Appeal. If an application for a Short Term Rental Permit or renewal is denied, the owner or operator may appeal to the Building and Standards Commission by written notice delivered within thirty (30) days of denial or revocation. 6 Sec. 54-211.-Inspections. (a) Fire Extinguishers. The owner or operator is responsible for obtaining annual independent inspection of the fire extinguishers in compliance with the City's current Fire Code. (b) Immediate Inspection. The City will perform inspection immediately when the City reasonably suspects the Short Term Rental to be in violation of City Codes. (c) Annual Fire Inspection. The City's Fire Marshal, or his designee, will perform annual inspections for compliance with this article. Sec. 54-212.-Enforcement and Penalty. (a) Emergency Contact. The owner or operator of the Short Term Rental shall provide the City with a twenty-four (24) hour contact number. Should a law enforcement officer respond to the Short Term Rental and issue a citation for any violation of City Ordinances, the owner or operator shall be called by the officer. The owner or operator shall attempt to contact the occupants within one hour of the call to address the occupants about the complaints. Should a second complaint be filed and citation issued to any part of the occupants or guests, the owner or operator must take appropriate step, in accordance with the individual rental agreement, to assure future complaints do not occur. Should three (3) separate citations be issued to an occupant or their guest(s), or involving separate occupants under separate rental agreements within a six (6) month period, the Short Term Rental Permit may be revoked in accordance with this article. (b) Hotel Occupancy Tax. Failure to pay Hotel Occupancy Tax timely is considered a violation of this Section and may result in revocation of the Short Term Rental Permit in accordance this article. Owner shall have thirty (30) days from the date the City or State issue a notice of delinquency to submit delinquent Hotel Occupancy Tax to City and State before revocation of the Short Term Rental Permit begins. (c) Permit Renewal. Failure to successfully complete the renewal process of a Short Term Rental Permit is considered a violation of this article. Owner shall have forty-five (45) days from the date City issues notice of denial to gain compliance of noncompliant items before the revocation of the Short Term Rental Permit begins. (d) Proof An advertisement promoting the availability of a Short Term Rental in violation of any City Ordinance or state law requirement is prima facie evidence of a violation and is cause to issue an administrative citation for a violation of this article. (e) Offense. It is an offense for the property owner, any agent of the property owner, or the occupant(s) to directly occupy or indirectly allow, permit, cause, or fail to prohibit an occupancy in violation of this article. Each day that a unit is occupied in violation of this article shall be considered a separate offense and subject to a fine in accordance with the general penalty section 1-7 of the Code of Ordinances of the City. 7 Sec. 54-213.-Revocation. If any violations stated in section 54-212 have been committed and not corrected within the time specified the Building Official shall begin the procedures to revoke the Short Term Rental Permit in accordance with the following: (a) The City shall give thirty (30) day written notice to the owner or operator regarding the public hearing date and decision by the Building and Standards Commission. (b) The City shall provide written notice to property owners within two-hundred(200) feet of the subject property at least fifteen(15) days prior to the hearing. (c) If a Short Term Rental Permit is revoked, the owner or operator may not reapply for the same property for a period of twelve (12)months. 8