[1]
Editor's note-Former article pertaining to
reporting requirements for owners of single-family residential rental
dwelling and deriving from Ordinance 09-12-69 adopted 12/15/09, was repealed and deleted
in its entirety by Ordinance 19-11-106 adopted 11/19/19.
This article is adopted to promote
the public health, safety and general welfare within the city by providing
neighborhood sustainability and preserving property values. Having
current and reliable information about the owners of short-term rentals
will allow the city to provide those owners with timely information
on the condition of their properties and emergency contact information,
to ensure collection of hotel occupancy taxes, to protect the health
and safety of guests of short-term rentals and to aid in enforcement
of applicable ordinances and laws. By requiring the registration of
short-term rental properties, the city council seeks to protect property
values and to prevent property damage within the city limits.
(Ordinance
2021-08-52 adopted 8/17/21)
As used in this article, the following
terms, phrases, words and their derivation shall have the following
meaning:
The City of Frisco, Texas, and all areas within its corporate
limits.
The city council of the City of Frisco, Texas.
The department(s) or division(s) of the city designated by
the city manager to administer and/or enforce the provisions of this
article and any person or persons designated by such a department
or division to represent the department or division for said purpose.
A person contracting with a short-term rental for use of
a residential dwelling or premises as a short-term rental and the
person's invitees at the short-term rental.
A building or group of buildings used as a temporary dwelling
place for individuals in exchange for financial consideration where
customary hotel services such as linen, housekeeping service and telephone
are provided. Hotel room units are accessed through doorways into
an internal hallway, courtyard or lobby. Financial consideration for
hotel room units is generally calculated on a nightly basis.
Hotel occupancy tax as provided for in section 86-72 of the city code of ordinances and chapter 351 of the Texas Tax Code, as they exist or may be amended and any successor ordinances or laws.
Any person having a legal or equitable interest in real property
or identified in the official records of the county as holding title
to real property or otherwise having control of real property, including
the guardian of the estate of such person and the executor of the
estate of such person. The term "owner" does not include the holder
of a nonpossessory security interest in real property.
One or more individuals, corporations, partnerships, associations,
labor organizations, legal representatives, mutual companies, joint
stock companies, trusts, unincorporated organizations, trustees, fiduciaries
and any other organization or entity of whatever character.
The property, a lot, plot or parcel of land, including any
structures or portions of structures thereon.
A dwelling that is:
Used or designed to be used as the
home of a person, family or household, including a single-family dwelling,
garage apartment, guest house or a unit in a multi-unit building,
including an apartment, condominium, cooperative or timeshare; and
Rented wholly or partly for a fee
and for a period of less than thirty (30) consecutive days. The term
"short-term rental" does not include a premises that is used for a
nonresidential purpose, including an educational, health care, retail,
restaurant, banquet space or event center purpose or another similar
use; a bed-and-breakfast as defined in the city's zoning ordinance;
or a hotel.
A person that participates in the short-term rental business
by facilitating booking services through which an owner may offer
short-term rentals to potential guests. Short-term rental listing
services usually, though not necessarily, provide booking services
through an online platform that allows an owner to advertise the premises
through a website provided by the short-term rental listing service
and the short-term rental listing service conducts a transaction by
which potential guests arrange their use and their payment, whether
the potential guest pays rent directly to the owner or to the short-term
rental listing service.
A permit issued by the city that identifies the subject property
as a lawful short-term rental.
(Ordinance
2021-08-52 adopted 8/17/21)
No short-term rental shall operate
within the city without a current, valid short-term rental permit.
All individual units having cooking, sleeping and bathing facilities
within common buildings, regardless of ownership, shall require a
separate, individual permit for each unit intended to be used as a
short-term rental. A person commits an offense under this article
if that person owns or operates a short-term rental in the city without
a valid permit.
(Ordinance
2021-08-52 adopted 8/17/21)
(a)
Application for a short-term rental permit
shall be made through the city's online permit portal. Each application
for a short-term rental permit shall be accompanied by a nonrefundable
application fee in the amount of three hundred dollars ($300.00) and
shall include the following information:
(1)
A list of all owners, operators and
agents (if applicable) of the short-term rental, including names,
addresses and current email addresses and telephone numbers of each
such person;
(2)
The name, address and 24-hour telephone
number of a contact person who is the owner, operator or designated
agent and who shall be responsible and authorized to respond to complaints
concerning the short-term rental within one hour or less;
(3)
An acknowledgement that any permit
granted under this article does not supersede any property-specific
restrictions against short-term rentals that may exist under law,
agreement, lease, covenant or deed restriction;
(4)
A depiction of the floor plan that
identifies sleeping areas, proposed maximum number of guests, evacuation
routes and location of all fire extinguishers and smoke detectors;
(6)
A sworn statement that the owner
has met and will continue to comply with all requirements of this
article including, but not limited to, obtaining annual independent
inspections of required fire extinguishers in compliance with the
city's current fire code; and
(7)
All other information required by
the director or designee
(b)
Applications shall be considered complete
when all documentation required under this article has been submitted
and all permit fees have been paid. Incomplete applications will not
be accepted.
(c)
Unless revoked by the director earlier
pursuant to this article, a short-term rental permit expires one (1)
year after the date of issuance. A permit holder shall apply for renewal
prior to the expiration of the permit on a form provided by the director
or designee. The permit holder shall update the information contained
in the original permit application required under this section or
any subsequent renewals under this section, if any of the information
has changed. The permit holder shall sign a statement affirming that
there is either no change in the information contained on the original
permit application and any subsequent renewal applications, or that
any information that has been updated is accurate and complete. Complete
applications for renewal received after the expiration of a current
permit shall be treated as applications for a new permit. The amount
of the nonrefundable fee for renewal of a short-term rental permit
is three hundred dollars ($300.00).
(d)
Upon receipt of a complete application
for renewal of a short-term rental permit, the director or designee
may deny the renewal of a short-term rental permit if it is determined
that the permit was issued in error or on the basis of incorrect information
supplied by the applicant or if:
(1)
The permit holder has pleaded no
contest to or been convicted of a violation of any ordinance of the
city, or any state or federal law, related to operation of a short-term
rental on the premises or has permitted such a violation on the premises
by any other person. Such violation may include, but is not limited
to, parking, noise, littering, destruction of property, disorderly
conduct or failure to pay hotel occupancy taxes; or
(2)
There are grounds for suspension,
revocation or other registration sanctions as provided for in this
article.
(e)
A permit to operate a short-term rental
is not transferable to another owner, operator or location.
(Ordinance
2021-08-52 adopted 8/17/21)
To ensure compliance with the requirements
of this article, a short-term rental may be inspected in the following
methods:
(1)
Initial inspection.
As part of the issuance of a new short-term
rental permit and any renewals thereof, the city may conduct an inspection
to verify compliance with this article.
(2)
Fire extinguishers.
The owner is responsible for obtaining
annual independent inspections of the fire extinguishers in compliance
with the city's current fire code.
(3)
Inspections upon report or suspicion
of a violation.
The city may
perform inspections when a violation of this article or other law
is reported or suspected.
(Ordinance
2021-08-52 adopted 8/17/21)
All short-term rentals permitted
pursuant to this article are subject to the following standard requirements:
(1)
Parking.
Parking shall comply with the zoning ordinance. No
required parking shall be permitted within public right-of-way or
access easements as defined by city code or state regulations regarding
parking. Yards shall not be used to provide the necessary parking.
(2)
Updated information.
The owner shall provide timely updates
to the city of any changes to the name, address and 24-hour telephone
number of the contact person who is the owner, operator or designated
agent responsible and authorized to respond to complaints concerning
the short-term rental within one hour or less. Should a law enforcement
officer respond to the short-term rental and issue a citation for
any violation of city ordinances or other law, such responsible person
may be contacted by the officer or designee. The responsible person
shall attempt to contact the occupants within one (1) hour of any
contact from the city to address the occupants about the complaints.
Should a second complaint be filed and citation issued to the occupants
or guests, the owner and responsible party must take appropriate steps
to assure future complaints do not occur. Failure to provide updated
information to the city regarding the 24-hour contact person shall
be a violation of this section.
(3)
Other standards.
It is unlawful:
(A)
To advertise on a short-term rental
listing service or offer a short-term rental without first obtaining
a short-term rental permit in accordance with this article;
(B)
To operate a short-term rental in
a manner that does not comply with all applicable city and state laws
and codes;
(C)
To operate a short-term rental without
paying the required hotel occupancy taxes;
(D)
To operate a short-term rental with
an active alarm system that has not been registered with the city
police department;
(E)
To operate a short-term rental with
an active alarm system that is registered with the city police department
but is not listed on the permit as a short-term rental;
(F)
To rent to a guest who is under the
age of twenty-one (21);
(G)
To post or allow external signage
on or off the premises of the short-term rental that indicates the
property is a short-term rental;
(H)
To fail to include the city permit
number for the short-term rental in all advertisements, including
online, for the short-term rental within the description or body for
public reference;
(I)
To permit the use of a short-term
rental to promote activities that are illegal or for the purpose of
temporary or transition housing for registered sex offenders; operating
a structured sober, recovery or other purpose living home or similar
enterprise; selling illegal drugs; selling alcohol or another activity
that requires a permit or license under the Texas Alcoholic Beverage
Code; operating as a sexually oriented business, or for rental periods
of less than 24 hours; and
(J)
To permit the use of tents, hammocks,
recreational/camper vehicles or other vehicles and outdoor areas that
are not residential dwellings as short-term rentals.
(Ordinance
2021-08-52 adopted 8/17/21)
(a)
Each owner of a short-term rental shall
provide to guests a brochure and post in a conspicuous location of
the short-term rental the following minimum information:
(1)
The owner, operator or designated
agent's name and twenty-four (24) hour contact telephone number;
(2)
Pertinent neighborhood information
including, but not limited to, parking restrictions, trash collection
schedules and location of required off-street parking, other available
parking and prohibition of parking on landscaped areas;
(4)
Information to assist guests in the
case of an emergency posing threats to personal safety or damage to
property, including emergency and nonemergency telephone numbers for
police, fire and emergency medical services and instructions for obtaining
severe weather, natural or manmade disaster alerts and updates; and
(5)
Depiction of floor plan identifying
evacuation routes, including the dwelling's exits, primary evacuation
routes and secondary evacuation routes near the front door of the
dwelling.
(b)
Each short-term rental owner shall provide
in the short-term rental working smoke detectors in accordance with
adopted codes, and at least one working type A fire extinguisher.
The premises shall otherwise comply with applicable code of ordinance
requirements, including but not limited to all building and fire codes.
(Ordinance
2021-08-52 adopted 8/17/21)
This article does not create any
right to operate a short-term rental in violation of any lease, license,
deed restriction, covenant, easement or other legal encumbrance. Unless
expressly authorized by the city, any premises which has received
a city housing incentive is ineligible to receive a permit to operate
a short-term rental during the period of time that the owner (or third
party beneficiary, as the case may be) is eligible to receive a city
housing incentive.
(Ordinance
2021-08-52 adopted 8/17/21)
The director shall implement and
enforce this article and may by written order establish such procedures,
not inconsistent with this article or other city ordinances, rules,
or regulations, or any county, state, or federal laws or regulations,
as the director determines are necessary to discharge any duty under
this article.
(Ordinance
2021-08-52 adopted 8/17/21)
(a)
Revocation of permit.
After providing an opportunity for a hearing,
the director is entitled to revoke a permit required by this article
for serious or repeated violations of any of the requirements of this
article, for violations of other applicable law relating to public
health, safety or welfare and/or for interference with law enforcement
officers in the performance of their duties. Prior to revocation,
the director or designee shall notify the permit holder, in writing,
of the reason for which the permit is subject to revocation and that
the permit shall be revoked at the end of the tenth (10th) calendar
day following service of such notice unless a written request for
a hearing is submitted to the director by the permit holder within
such ten (10) calendar day period referred to in the notice. If a
written request for a hearing is received by the director within the
required time period, (1) the revocation shall not take effect unless
and until the director determines to do so in his ruling at the conclusion
of the hearing; and (2) the director shall hold a hearing and either
enact or reject the revocation. At least two (2) business days before
the hearing occurs, the director or designee shall provide the permit
holder with notice of the time and place of the hearing. The permit
holder shall be permitted to attend and be heard at the hearing. If
no request for a hearing is filed within the ten (10) calendar day
period referred to in the notice, the revocation of the permit becomes
final.
(b)
Appeals.
An administrative decision issued in connection with
the requirements of this article, including denial of issuance or
renewal or revocation or suspension of a permit required by this article,
is final unless the permit holder submits a written request for an
appeal to the city manager. The appeal shall be filed in writing within
ten (10) calendar days of the date of notice of the administrative
decision. At least two (2) business days before the appeal hearing
occurs, the city shall provide the permit holder with notice of the
time and place of the hearing. The permit holder shall be permitted
to attend and be heard at the hearing. The city manager or designee
shall hear and rule on the appeal within thirty (30) calendar days
after notice of the appeal. The city manager or designee shall have
the power to reverse a decision of the director or designee where
he finds that the basis for such decision was not meritorious and
that such a reversal will not adversely affect the public health,
safety or welfare. The decision of the city manager or designee is
final. The city manager's or designee's failure to take action on
any such appeal shall constitute approval of the decision by the director
or designee.
(c)
Administrative process.
A notice required by this section is properly
served when it is delivered to the permit holder via hand-delivery,
or when it is sent by registered or certified mail, return receipt
requested, or when it is sent via federal express or any courier service
that provides a return receipt showing the date of actual delivery
to the last known address of the permit holder. The hearings provided
for in this section shall be conducted by the applicable regulatory
authority at a time and place designated by it. The applicable regulatory
authority shall make final findings, and shall sustain, modify or
rescind any notice or order considered in the hearing. A written report
of the hearing decision shall be furnished to the permit holder by
the applicable regulatory authority.
(Ordinance
2021-08-52 adopted 8/17/21)
