Short-Term Rental Ordinance
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Short-Term Rental Ordinance
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Short-Term Rental Ordinance
- 1. Ordinance to Regulate Short-Term Rental Housing June 25, 2020
- 2. • STR hosts must apply for and be issued an STR permit • Permits may not be transferred and do not convey with sale of the property • Valid for 1 year from date of issuance; may be renewed • 3 STR Categories • Grandfathering provision Short-Term Rental Permit
- 3. STR Permit Application • Contact information, acknowledgement of STR regulations • For STR I and II, proof that the premises is the claimed Brazos County homestead of the applicant • Or, proof of application of the homestead plus two of the following: o Motor vehicle registration o Driver’s license o Texas State ID o Voter registration o Tax documents o Utility bill
- 4. STR Permit Requirements • Life Safety inspection • Informational brochure • HOT collection and remittance • Violations/penalties • Denial/revocation of permit
- 5. Staff Recommendation • Recommend approval of the STR ordinance with an effective date of 10/1/2020 • Return with an updated fee ordinance • Utilize external partner for HOT collection • STR inspections to be completed by City staff
Editor's Notes
- Good evening Mayor and Council. Brian Piscacek with the City Manager’s Office. I am here to present an ordinance to regulate short-terms rentals in College Station. I’ll forego a recitation of how we got here and jump right into the elements of the ordinance.
- This ordinance really does 2 things: Establishes a process of permitting and enforcing STRs Confirms – and better facilitates – the collection and remittance of Hotel Occupancy Tax, which is required by State Statute (Ch 156 of Texas Tax Code) STR hosts must apply for and be issued an STR permit Unique permit number for each unit Permits may not be transferred and do not convey with sale of the property Valid for 1 year from date of issuance May be renewed for successive years Fees: Lubbock - $100 permit fee, $100 renewal Galveston - $50 permit fee, no renewals San Marcos - $50 permit fee, $50 renewal fee New Braunfels - $200 permit fee, $125 renewal fee Waco - $150 permit fee, $50-75 renewal fee (depends on inspection) Renewing a permit. An operator may file an application for renewal of the permit. The Administrator may deny the renewal if there is reasonable cause to believe that: The applicant has violated any ordinance of the city, or any state, or federal law on the property or has permitted such a violation on the property by any other person; or (2) There are grounds for revocation or other sanction as provided in this article. 3 STR Categories: Short Term Rental I Bed and Breakfast Facility located in a residential zoning district Single-family dwelling; permanent residence of the proprietor No more than four (4) unrelated individuals occupy the property overnight No more than four (4) rooms where shared/common bathrooms are provided and permitted No more than one (1) meal is served daily Short Term Rental II Owner-occupied within General Suburban (GS), Restricted Suburban (RS), or Wellborn Restricted Suburban (WRS) May include an accessory dwelling located on the property If so, owner/local contact is required to be on the premises during the rental Short Term Rental III Either owner-occupied or non-owner-occupied within a residential zoning district other than GS, RS, or WRS Owner/local contact not required to be on-site Grandfathering Provision Previously Existing Non-Owner Occupied Short Term Rental Located in GS, RS, or WRS Property’s owner of record does not utilize the dwelling as a primary residence or homestead Operated unit as an STR for a period of at least 12 months prior Proof of remitted HOT at least 6 of the 12 months, or 12 of the last 24 immediately preceding the effective date of the ordinance Previously Existing Non-Owner Occupied Short Term Rental means a Short Term Rental located within General Suburban (GS), Restricted Suburban (RS), or Wellborn Restricted Suburban (WRS) where the property’s owner of record does not utilize the dwelling as a primary residence or homestead and has engaged in the operation of a Short Term Rental in the City for a period of at least 12 months prior to the effective date of this Article. Previously Existing Non-Owner Occupied Short Term Rental. A Previously Existing Non-Owner Occupied Short Term Rental that was in use for the twelve (12) months preceding the effective date of this Article is allowed to continue, subject to the following: An Owner/Operator must provide a sworn affidavit and demonstrate to the satisfaction of the City Manager or his or her designee that the Short Term Rental was being used as a Short Term Rental on a continuous basis for the twelve (12) months preceding the effective date of this Article; and An Owner/Operator of a Short Term Rental provides proof in establishing that the Short Term Rental meets all requirements of this Section other than owner occupancy of the Short term Rental; and An Owner/Operator shows proof of remitted State and Local Hotel Occupancy Taxes due for a period that covers at least 6 of the 12 months, or 12 of the last 24 immediately preceding the effective date of this Article; and An Owner/Operator, within 60 days of the effective date of this section, applies for a Previously Existing Non-Owner Occupied Short Term Rental Exemption on an application provided for by the City; and An Owner/Operator pays the Permit Fee as required by Sec. 2-117. This Section shall apply until one of the following occurs: The property permitted as a Previously Existing Non-Owner Occupied Short Term Rental is sold or conveyed to another owner; or The property permitted as a Previously Existing Non-Owner Occupied Short Term Rental ceases to be used as a Short Term Rental for a continuous 12 month period; or The property permitted as a Previously Existing Non-Owner Occupied Short Term Rental has been found to be in violation of this ordinance or other local or state law on three or more occasions.
- Required information Name, address, email address, telephone number of property owner/operator and local contact Physical address of STR Statement that applicant will comply with requirements of STR ordinance and is responsible and liable for any violations on the property Verification applicant has no delinquent HOT Local contact must: (1) respond in person within one hour to complaints regarding the condition, operation, or conduct of occupants of the short term rental unit; and (2) take remedial action to resolve such complaints. Owner may be listed as the local contact Homestead Requirement Evidence of the Brazos County Homestead Exemption must be provided before permit renewal and may lead to permit denial if not received.
- Life Safety Inspection Prior to issuance of a short term rental permit, the Operator shall allow, with reasonable notice, an on-site inspection of the short term rental unit by the City Building Official or designee to ensure compliance with minimum health and safety requirements for use and occupancy. If a premises fails to pass an inspection, a re-inspection fee may be charged for each subsequent inspection in accordance with the fee established by resolution. If, upon completion of an inspection, the premises are found to be in violation of one or more provisions of applicable city codes and ordinances, the city shall provide written notice of such violation and shall set a re-inspection date for a violation to be corrected prior to its occupancy. Life Safety Equipment. Each operator shall equip the dwelling unit with working smoke detectors in accordance with adopted codes, at least one working carbon monoxide detector and alarm if the dwelling uses natural gas or propane, and one working fire extinguisher for each floor of the dwelling. Maintain the dwelling unit in compliance with applicable building and fire codes adopted by the City. Life safety inspection may be waived when renewing a permit if all the following apply: Unit is classified as STR I; Operator self-certifies compliance with life safety standards; and Operator has not been found in violation of STR ordinance Guest brochure: Operator’s 24-hour contact information Pertinent neighborhood information: parking restrictions, restrictions on noise and amplified sound, and trash collection schedules Emergency and non-emergency telephone numbers for police, fire, and emergency medical services providers and instructions for obtaining severe weather, natural or manmade disaster alerts and updates Violations/penalties: Unlawful to operate STR without first securing a permit Non-compliance with any provision of STR ordinance or other laws Failure to pay HOT timely Violations of any provision result in action provided in Section 1-7 of our Code of Ordinances Denial/Revocation of permit Denial of permit False statement Nonpayment of application fee Revocation of permit within the preceding 18 months Revocation of permit Failure to comply/in violation of any provision of the permit, City ordinances, or other applicable laws False statement Poses a serious threat to public health, safety, or welfare Failure to remit HOT There is also an appeals process The applicant may appeal a denial of a permit by submitting in writing a notice to appeal, delivered to the City Manager’s office no later than five (5) business days after the denial or revocation decision. The notice of appeal must be in writing and state the grounds for the appeal and why the determination should be reversed or modified. If the applicant makes a timely, written request for appeal, the City Manager or designee shall hold a hearing within ten (10) business days. (c) The applicant shall have the opportunity to be heard at the hearing. (d) After the close of the hearing, the City Manager or designee shall make a determination concerning approval, denial, or modification of the permit within five (5) business days. Section 1-7 Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code shall be punished: (1) By a fine of not less than $25.00 and not more than $500.00. Except as otherwise provided by law or ordinance: (1) With respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense. (2) With respect to other violations, each violation constitutes a separate offense Noise: Sec 26-8. Regulations regarding the decibel level (daytime and nighttime rules, 10pm-7am)
- We're assuming a 90-day implementation timeline to establish the necessary procedures internally, set up arrangements for HOT collection, and work with our STR hosts to get permitted. Residential single inspection permit*