The following terms used in this article shall have the meanings
indicated in this section:
The city administrator of the City of West Lake Hills or
their designee.
Renting or leasing a dwelling or a portion of a dwelling owned by a resident of the city to a residential guest(s) by the property’s owner(s) for a period of thirty (30) consecutive days or less. Short-term rentals must meet the criteria contained in section 6.04.003 of the city code and cannot include rental of a guesthouse.
(Ordinance 2021-013, att. A, adopted 12/8/21)
(a)
Permit required.
No short-term rental shall be established,
operated or maintained except as authorized by a short-term rental
permit (“STR permit”) issued in accordance with the requirements
of this article.
(b)
Issuance by city administrator.
An STR permit may be issued for the district where it is authorized. The city administrator shall issue an STR permit to the applicant, incorporating any special conditions as part of the permit, if the city administrator determines that the proposed short-term rental complies with each of criteria in section 6.04.003.
(c)
Application.
An application for a STR permit shall be
made in writing in a form prescribed by the city administrator and
shall be accompanied by such information as may be requested, if required,
to properly review the proposed short-term rental.
(d)
Notice of proposed short-term rental.
(1)
Written notice of filing of an STR permit application shall be given
to the owners of all real property located within 300 feet in all
directions of the subject property, regardless of whether the neighboring
property is within the city limits or ETJ. Notice shall be given not
less than ten (10) days after the date the application is filed with
the city either by personal service or by depositing a copy of the
notice in the mail addressed to each owner at the owner’s address
shown on the last approved city tax roll, with postage paid.
(2)
Such notice shall contain a brief description of the proposed short-term
rental, including its nature, scope and location.
(3)
City staff shall be responsible for drafting the notice and serving
it after it has been approved by the city administrator for form and
content.
(e)
Review by city administrator; appeal of denial.
(1)
The city administrator shall review the application for an STR permit to determine whether the proposed short-term rental complies with each of criteria in section 6.04.003.
(2)
The city administrator shall not issue an STR permit unless the city administrator finds that the proposed short-term rental complies with each of the criteria of section 6.04.003; otherwise, the city administrator shall deny the application.
(3)
If the city administrator denies issuance of a permit, the applicant
may appeal the action to the board of adjustment.
(f)
Fees.
Before being issued an STR permit, the applicant
shall pay all applicable fees required by the fee schedule of the
city.
(g)
Transferability.
An STR permit is not transferable to
another.
(Ordinance 2021-013, att. A, adopted 12/8/21)
A proposed short-term rental in a single-family residential
district (R-1), two-family residential district (R-2), and transitional
residential district (R-3) must comply with all of the following criteria:
(1)
Initial
permits shall be issued for a one (1) year period and shall be renewable
for a two (2) year period, provided a complete application for renewal
is filed with the city no less than ten (10) days prior to the expiration
date of the original permit. Late renewals within thirty (30) days
of expiration of prior permit shall result in an additional late fee.
A late renewal thirty-one (31) days or more after expiration of prior
permit shall require re-application for a new permit which shall be
treated as an initial permit. The city shall notify property owners
within 300 feet of the permitted property of the issuance of a short-term
rental permit and shall keep a list of permitted properties available.
(2)
Only
one permit shall be issued to an applicant per homestead for a resident
of the city. The permit may only be used for the rental of the homestead
or for another property owned by the resident whose homestead is also
located in the city. A permit shall not be used for rental of a guesthouse.
(3)
Only
the owner of a property may apply and receive a short-term rental
permit. Renters and lessees are not eligible to apply and receive
a short-term rental permit.
(4)
At
the time of application for a short-term rental initial or renewal
permit, the owner must provide proof of ownership of the homestead,
proof of ownership of the home to be rented if different from the
homestead, certification that the home to be rented is not the subject
of any outstanding city code or state law violations that the owner
is aware of, and proof of a current septic license or wastewater connection
for the home to be rented.
(5)
Short-term
rental permit holders shall comply with this article and any other
applicable regulation of this code, state law, county regulation,
and federal law, and such compliance may be verified by city staff.
(6)
Recreational
vehicles and trailers may not be utilized for short-term rental.
(7)
Permit
holders shall comply with, and inform their tenants of, all applicable
city ordinances, including but not limited to ordinances and laws
that regulate parking, litter, waste disposal, noise, outdoor burning,
and nuisances. Short-term rental guests are not authorized to engage
in any commercial activity within the short-term rental where a property
owner would also be prohibited, limited, or would be required to apply
for a state, federal, or local permit.
(8)
Total adult guest occupancy shall be limited to two times the number of bedrooms to be rented in the permit. Only bedrooms that meet the definition in section 1.01.003 of this at the time the room was constructed or converted and listed as rentable in the owner’s permit application shall be counted in the total number of rentable bedrooms on the property.
(9)
Minimum
rental periods shall be two (2) consecutive nights.
(10)
In case of an emergency or disruption at the residence, permit holders, or the designated representative listed in their application, shall respond to the emergency or disruption within one hour and if necessary be available to respond in person within a reasonable period of time from the time the owner or representative is made aware of the emergency or disruption. Failure to respond in a timely fashion to an emergency or disruption either by phone or in person shall result in a complaint forwarded to the City Administrator as described in subsection (11)(B) below. Once a permit is issued, the police department, code enforcement department, and other city staff shall be notified of the short-term rental permit and the homestead shall be designated as a short-term rental in the city systems as appropriate.
(11)
Complaint procedure:
(A)
Any resident or employee of the city may submit a written complaint
to the city. Each written complaint shall be forwarded to the city
administrator for review. The city administrator shall inform the
short-term rental permit holder of any written complaint and inform
the permit holder of when said complaint shall be reviewed.
(B)
The city administrator shall make a final finding determining whether
a submitted complaint is substantiated. If the city administrator
finds that a short-term rental permit holder has received three (3)
substantiated complaints in one twelve (12) month period, the short-term
rental permit shall be revoked. A short-term rental permit holder
whose permit is revoked for three (3) substantiated complaints must
wait twelve (12) months to reapply for a new permit. If a permit is
revoked, the city administrator shall notify a short-term rental holder
that the permit has been revoked and the process for appealing the
revocation.
(C)
Substantiated complaints shall be defined as any written complaint
submitted to the city administrator and determined to be an ordinance
violation, including a violation of this section, or state law violation
that is supported or verified by corroborating information, for example
the report of an investigating police officer or an audio or video
recording. The allegations in the complaint do not have to be the
subject of a criminal complaint or result in a criminal conviction
for the complaint to be substantiated.
(D)
The city administrator shall notify the permit owner in writing of
any substantiated complaint. The city administrator shall direct city
staff to take appropriate action related to any findings related to
a substantiated complaint.
(12)
It is a violation of this chapter for an owner to:
(A)
Advertise or rent a property that does not have a valid short-term
rental permit;
(B)
Knowingly allow a property to be advertised or rented, that does
not have a valid short-term rental permit;
(C)
Rent more bedrooms in a residence than are listed in the permit application;
or
(D)
Rent a guesthouse.
(13)
Short-term rental permits are not transferable between properties
or future owners of property. Each new owner of property must apply
for a short-term rental permit to rent property under the short-term
rental guidelines. A permit holder shall inform the city within seven
(7) days if they move out of the city and their permit shall become
invalid immediately upon moving out of the city.
(14)
Any short-term rental permit holder whose property becomes ineligible
for the permit because of an issue with the homestead designation,
the septic license, or other issue related to STR permit criteria
including outstanding code violations shall have their permit suspended
upon review by the city administrator. The permit holder shall have
thirty (30) days from the date of discovery of noncompliance to bring
the property into compliance and have the permit reinstated. If the
permit holder does not bring the property into compliance before the
end of the thirty (30) days, then the permit is revoked. A permit
holder may not rent their property during the period of noncompliance,
but may advertise the rental for dates after the property is expected
to be in compliance.
(15)
Any denial or revocation of a short-term rental permit by the city
administrator may be appealed to the board of adjustment. An appeal
under this section must be filed with the board of adjustment within
thirty (30) days of the revocation or denial.
(16)
Any person, firm, association, delegation or group who violates any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished according to the general penalties described in section 1.01.013. Each day any violation continues to exist shall constitute a separate offense.
(18)
The appearance, size, density and operating characteristics of the
proposed short-term rental must be compatible with the surrounding
neighborhood and uses.
(19)
The proposed short-term rental will not have an adverse effect on
the value of surrounding properties or impede their proper development.
(20)
The proposed short-term rental will not create a nuisance factor
or otherwise interfere with a neighbor’s enjoyment of the neighbor’s
property or operation of the neighbor’s business.
(21)
The traffic that the proposed short-term rental can reasonably be
expected to generate on existing streets will not create or add significantly
to congestion, a safety hazard, or a parking problem in the area,
nor will it disturb the peace and quiet of the neighborhood.
(22)
The proposed short-term rental shall comply with all other applicable
ordinances and regulations.
(Ordinance 2021-013, att. A, adopted 12/8/21)
