The purpose of the regulations set forth herein is to provide
a procedure to allow the rental of private residences to visitors
on a short-term basis, while ensuring that such rental use does not
create adverse impacts to residential neighborhoods due to excessive
traffic, noise, density, and other adverse effects, and additionally
to ensure that the number of occupants within such rental units do
not exceed the design capacity of the structure causing health and
safety concerns, and that minimum health and safety standards are
maintained in such units to protect visitors from unsafe or unsanitary
conditions.
(Ordinance 2022-22 adopted 11/17/2022)
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The city administrator of the city or their designated representative.
An enclosed space containing one or more bathtubs, showers,
or both, as well as one or more toilets, lavatories or fixtures serving
similar purposes.
A room used or intended to be used for sleeping purposes
and not as a kitchen, bathroom, living room, closet, hallway, utility
space, entryway, garage, patio or breezeway.
A tract of land bounded by streets, or a combination of streets,
public parks, railroad rights-of-way, shorelines of waterways or corporate
limits.
The city fee schedule of the City of Dalworthington Gardens,
Texas first adopted in Resolution No. 2022-05, as amended.
The Code of Ordinances, City of Dalworthington Gardens, Texas.
The department of permits, inspections, and zoning of the
city.
The fire marshal of the city or their designated representative.
The person(s) who have lawfully obtained the exclusive use
and possession of the short-term rental premises from the owner and/or
operator, and the guest(s) of such person(s).
The owner or local responsible party tasked with managing
a property operating as a short-term rental on behalf of the owner.
The individual or entity that owns a property operating as
a short-term rental.
The permit issued pursuant to the terms of this article authorizing
the operation of a short-term rental.
The rental for compensation, of any residence or residential
structure, or a portion of a residence or residential structure, located
within a zoning district where the residential use is lawful, for
the purpose of overnight lodging for a period of not more than thirty
(30) days. A short-term rental shall not include a hotel or motel.
(Ordinance 2022-22 adopted 11/17/2022)
It shall be unlawful for any owner, operator, or other person
to advertise, offer to rent or rent, lease, sublease, license or sublicense
a residential property within the city as a short-term rental for
which a permit application has not been properly made and filed with
the department, and a permit issued. A permit application shall be
made upon forms furnished by the city for such purpose, shall be accompanied
by the application fee identified in the city fee schedule, and shall
specifically require the following minimum information:
(1)
The name, address, contact information, and signature of the
applicant;
(2)
The name, address, contact information, and signature of the
owner of the premises;
(3)
The name, address, contact information, and signature of the
operator of the premises;
(4)
The name, address, and phone number of a 24-hour contact;
(5)
The address, legal description, TAD Parcel ID, zoning district,
and type;
(6)
Proof of registration with city for payment of hotel occupancy tax as required by section 4.09.004(m), below;
(7)
The name, contact information, and rules for the applicable
homeowners' association (HOA), if any;
(8)
A parking plan of the premises identifying the location and
quantity of parking spaces to be used in conjunction with the short-term
rental, in relation to the residence;
(9)
A dimensioned floor plan of the proposed short-term rental identifying
the proposed maximum number of occupants, bedrooms, other living spaces,
location of safety features, and emergency evacuation routes;
(10)
Proof of liability insurance, which shall meet the following
minimum requirements:
(A)
The city, its officials, employees, agents and officers shall
be named as an "additional insured" on all policies;
(B)
The policy should provide a minimum liability coverage of $1,000,000
(one million dollars); and
(C)
Each policy shall be endorsed to provide the city with a minimum
of a 30-day notice of cancellation, non-renewal, and/or material change
in policy terms or coverage; provided, however, a minimum 10-days'
notice shall be required in the event of non-payment of premium;
(11)
A current tax certificate(s) indicating all taxes for the subject
property have been paid to the current year (available from the county
appraisal district). Tax statements printed from the county website
(pdf) are acceptable in lieu of the original certificate(s);
(12)
A copy of the proposed host rules for the short-term rental, including a statement identifying the description and location of safety features described in section 4.09.004(e); and
(13)
A statement that the owner of the short-term rental complies
with and will continue to comply with the standards and other requirements
of this article, as well as all applicable standards and other requirements
of the code.
(Ordinance 2022-22 adopted 11/17/2022)
(a)
Maximum stay; minimum stay.
It shall be unlawful
for an owner to rent or lease a short-term rental for a period of
more than thirty (30) days or less than twenty-four (24) hours.
(b)
Occupancy.
The maximum number of persons permitted
to stay in a short-term rental is limited to two (2) persons per bedroom.
(c)
Parking restrictions.
Parking is restricted to the number of off-street parking spaces associated with the residential structure, either in the driveway and garage or by location or number assigned to a specific unit. On-street parking is not permitted, and it shall be unlawful for an occupant or invitee of an occupant to park a motor vehicle on a residential street. Additionally, it shall be unlawful for an occupant to park a motor vehicle on an unimproved surface, or for an owner and/or operator to permit such parking. All motor vehicles are further subject to the parking requirements of article 12.06 of the code.
(d)
Access to basic sanitation.
Each bedroom of a
residence or portion of a residence used as a short-term rental must
provide interior access to a bathroom, such that an occupant shall
have access to a bathroom without exiting the residence, regardless
of whether such bathroom is private or shared.
(e)
Life safety.
(1)
The short-term rental must be equipped with:
(A)
Working smoke alarms, meeting the requirements of section 92.254
of the Texas Property Code, with a minimum of one on each floor level
and one in each room used as a bedroom;
(B)
A minimum of one working carbon monoxide detector on each floor
or level; and
(C)
A minimum of one 2A:10B:C type fire extinguisher (a standard
five-pound extinguisher) properly mounted within seventy-five (75)
feet of all portions of the structure on each floor.
(2)
All gas appliances shall be properly ventilated outside the
home.
(3)
Emergency escape openings shall comply with the city's
currently adopted International Residential Code (IRC), with at least
one emergency escape opening for each bedroom opening directly to
the outdoors.
(4)
An evacuation plan shall be posted in each bedroom.
(5)
Any room that does not comply with this subsection (e) shall not be used as a bedroom, and where equipped with a door, shall remain locked at all times when the dwelling is being used as a short-term rental. Any non-compliant bedroom shall not be included in the maximum occupancy calculation for the short-term rental, nor be advertised as a bedroom.
(f)
Conduct on premises.
Each short-term rental owner,
operator, and occupant shall comply with all requirements of the city
code. Owners and/or operators shall be responsible for informing occupants
of all relevant city codes and occupants' liability for violations
of same. In addition, the following shall be unlawful:
(1)
Conduct involving the use of amplified sound, excessive noise or other disturbances outside the short-term rental structure between the hours of 8:00 p.m. and 8:00 a.m. (pursuant to article 8.04 of the code) including, but not limited to, the following outside areas: decks, portals, porches, balconies, patios, hot tubs, pools, saunas or spas;
(2)
Sleeping outdoors;
(3)
Placing, or allowing to be placed, waste or recycling receptacles for the disposal of solid waste in any manner that violates article 13.03 of the code;
(4)
Advertising, promoting, or operating a special event, or permitting
the advertising, promotion, or operation of a special event (including,
but not limited to, a banquet, wedding, reception, reunion, bachelor
or bachelorette party, concert, or similar activity that would assemble
large numbers of invitees) to be held on the premises; and
(5)
Using or permitting the use of the short-term rental for the
purpose of: housing sex offenders; selling illegal drugs; selling
alcohol or another activity that requires a permit or license under
the Alcoholic Beverage Code; or operating as a sexually oriented business.
(g)
Signage.
On-premises signage advertising or identifying
the short-term rental shall not be permitted.
(h)
Advertising.
The owner shall not advertise or
promote, or allow another to advertise or promote, the short-term
rental without including the occupancy limits, parking standards,
and city permit number for the listing.
(i)
Local contact.
An owner must designate the name
and contact information of an operator, who shall be a local responsible
party who can be contacted regarding immediate concerns and complaints
from the public. Said individual must be available in person or by
phone at all times while occupants are on the premises of the short-term
rental. If called, the operator must be able to, and shall be present
at the premises, within one (1) hour of receiving a call from the
administrator. An operator must be authorized to make decisions regarding
the premises and its occupants.
(j)
Occupant notification packet.
The owner and/or
operator shall post in a conspicuous location of the short-term rental
premises a packet containing, at a minimum, the following information:
(1)
Maximum number of occupants;
(2)
Location of required off-street parking, other available parking
and prohibition of parking on unimproved areas or on the street;
(3)
Quiet hours and noise restrictions;
(4)
List of HOA rules, if applicable;
(5)
24-hour local contact person and phone number;
(6)
Property cleanliness requirements;
(7)
Waste pick-up requirements, including location of waste and
recycling receptacles;
(8)
Flooding hazards and evacuation routes, as well as information
on the emergency siren system and other safety features;
(9)
Emergency and non-emergency numbers; and
(10)
Notice that failure to conform to the occupancy and parking
requirements constitutes a violation of the code and an occupant or
visitor may be cited.
(k)
Rental agreement notification.
The rental agreement
between the owner and/or operator of the short-term rental and the
occupant shall include, by attachment, all of the information provided
in the occupant notification packet.
(l)
Changes in ownership.
The purchaser of a short-term rental shall provide the administrator with current application materials required by section 4.09.003, revised to include any new information associated with the change in ownership, within thirty (30) days of the closing date for the purchase of the short-term rental. Since a permit is non-transferable pursuant to section 4.09.005, the purchaser shall also remit a permit renewal fee as described in the city fee schedule.
(m)
Hotel occupancy taxes.
The owner and/or operator
of the short-term rental property shall register with the city finance
department to pay hotel occupancy taxes prior to the date that the
short-term rental permit application is submitted, and the owner and/or
operator must remit all applicable hotel occupancy taxes in a timely
manner pursuant to applicable laws.
(n)
Request for occupancy history.
Upon request of
the administrator, the owner of a premises used as a short-term rental
shall remit, within thirty (30) days, an accounting of all rental
activity and the hotel occupancy taxes paid therefor.
(o)
Right to inspect premises.
(1)
Inspections.
The fire marshal shall perform periodic
inspections of each short-term rental property to ensure compliance
with this article and other applicable laws. For the purpose of performing
inspections, the fire marshal may enter, examine, and survey, at all
reasonable times, all buildings, dwelling units, guest rooms, and
the premises used as a short-term rental property. An owner and/or
operator may refuse to consent to an inspection conducted by the fire
marshal. If consent is refused, the fire marshal may seek an administrative
search warrant authorized by article 18 of the Texas Code of Criminal
Procedure and the city code. No permit for operating a short-term
rental shall be issued until the premises successfully passes such
inspection.
(2)
Types of inspections.
The city may perform the
following inspections:
(A)
Initial and annual fire inspection.
The fire marshal
may perform an initial inspection of the short-term rental property
upon application for a permit, as well as annual fire inspections
of the short-term rental property.
(B)
Repeat inspections.
If, upon completion of an
inspection, the premises are found to be in violation of one or more
provisions of this section, the city shall provide written notice
of such violation and shall set a reinspection date. If a property
fails to pass an inspection, a reinspection fee will be charged after
the third reinspection of the premises. A property cannot be occupied
as a short-term rental while its status with the fire marshal's
office is noted as being in violation.
(C)
Fire extinguishers.
The owner and/or operator
is responsible for obtaining annual independent inspections of the
fire extinguishers in compliance with the city regulations.
(D)
Change in ownership inspection.
As part of the
change in ownership process for a short-term rental the fire marshal
shall conduct an inspection to verify compliance with this article.
(p)
Density limitations for short-term rental properties.
(1)
Limitation.
Short term rentals shall be limited
to no more than (A) the lesser of two units per street or ten (10)
percent of the total number of units on the street, or (B) one-eighth
(12.5 percent) of the total number of residential units in a multi-unit
building. Notwithstanding the foregoing, at least one short-term rental
shall be permitted per street or multi-unit building, regardless of
density.
(2)
Special exception available.
In order to obtain a permit for a short-term rental that would exceed the density limitation of this section, a property owner may apply to the city council for a special exception in accordance with section 14.02.321 of the code. In addition to the criteria identified in section 14.02.321, the city council may consider factors such as the following:
(A)
Whether operation as a short-term rental in excess of the density
limitation will not adversely impact the residential quality of the
neighborhood in which the property is located, including a consideration
of the length of the street, the proximity to other short-term rentals,
and/or the number of housing units located on the street;
(B)
Whether such operation is likely to disrupt adjacent owners'
right to the quiet enjoyment of their property (for example, by considering
whether lot sizes are small enough that noise is likely to affect
neighboring property owners);
(C)
Whether such operation will substantially impact nearby streets,
including whether the property provides only limited off-street parking;
(D)
Whether the applicant seeks to operate an entire residence as
a short-term rental or whether the short-term rental use is limited
to a portion of the residence;
(E)
Whether the applicant occupies the premises as their primary
residence or uses it as an investment property; and
(F)
Whether other short-term rentals in excess of the density limitation
are already operating on that block.
(Ordinance 2022-22 adopted 11/17/2022)
(a)
All permits issued under this article shall be valid for a period
of one year from the date of issuance.
(b)
A nonrefundable fee for administration of the application shall
be charged as established in the city fee schedule. Such fee shall
be paid at the time the application is made and shall not be returned
to the applicant, regardless of whether a permit is issued.
(c)
A permit holder shall apply for renewal prior to the expiration of the permit on a form provided by the administrator. The fee for the renewal of a permit to operate a short-term rental shall be charged as established in the city fee schedule. The permit holder shall either update the information required under section 4.09.003 or submit a statement affirming that the information previously submitted is still accurate. A complete application for renewal received after the expiration of a current permit shall be treated as an application for a new permit in accordance with section 4.09.003.
(d)
A permit to operate a short-term rental is not transferable
to another owner, operator, or location.
(e)
All permits issued under this article constitute public information,
subject to the terms of the Public Information Act. A database of
permitted short-term rentals shall be maintained on the city's
website and shall identify the property address, permit number and
permit date of each short-term rental permitted to operate in the
city.
(Ordinance 2022-22 adopted 11/17/2022)
(a)
If the administrator finds that the owner, operator, or any
occupant of a short-term rental failed to comply with any requirement
of this article three or more times within a 12-month period, the
administrator may revoke an existing permit or may deny an application
to renew a permit. No new permit may be sought for the subject property
for a period of 12 months following a denial or revocation pursuant
to this section.
(b)
If a property is the subject of three or more violations of
federal law, state law, or the other provisions of the city code outside
of this article within the previous 12-month period, the administrator
may revoke an existing permit; may deny an application for an original
permit; or may deny an application to renew a permit, based on: (1)
the frequency of any repeated violations; (2) whether a violation
was committed intentionally or knowingly; and (3) any other information
that demonstrates the degree to which the owner or occupant has endangered
public health, safety, or welfare. No new permit may be sought for
the subject property for a period of 12 months following the denial
or revocation pursuant to this section.
(Ordinance 2022-22 adopted 11/17/2022)
(a)
The administrator's revocation of a permit or the denial
of an application for a permit to operate a short-term rental may
be appealed to the city council in accordance with the provisions
of this section.
(b)
An appeal filed under this section must be filed with the administrator
no later than the 20th day following the date on which the permit
was revoked or denied. The appeal must be sworn and must identify
each alleged point of error, facts and evidence supporting the appeal,
and reasons why the action of the administrator should be modified
or reversed.
(c)
The city council shall hear the appeal at the next regularly
scheduled city council meeting for which proper notice can be posted,
and it may affirm, modify or reverse a permit revocation or application
denial.
(d)
The city administrator or designee shall give written notice
of a decision on an appeal to the appellant.
(e)
An appellant who seeks judicial review of the city council's
decision on appeal must file a petition with a court of competent
jurisdiction not later than the 30th day after receipt of the notice
of the decision.
(Ordinance 2022-22 adopted 11/17/2022)
(a)
If the owner, operator, or any occupant of the short-term rental
property fails or refuses to comply with the standards and requirements
contained herein, the city may initiate enforcement action against
the owner, operator, or any occupant, including, but not limited to,
the immediate issuance of a citation.
(b)
Failure to timely remit applicable hotel occupancy tax is a
violation under this article and shall result in permit revocation
if all applicable tax is not paid within ninety (90) days of the issuance
of a delinquency notice.
(c)
Any advertisement, whether it be online or in print, promoting
the availability of a property within the city for rent for a period
of thirty days (30) or less, shall constitute prima facie evidence
of the property's use as a short-term rental.
(Ordinance 2022-22 adopted 11/17/2022)
The owner and/or operator of a property used as a short-term rental that was operating prior to the effective date of this article, and who is unable, fails, or refuses to obtain a permit for operation as a short-term rental following the effective date of this article, shall discontinue the short-term rental use within sixty (60) days of the effective date of this article or the notice of permit denial. The density limitation of section 4.09.004(p) shall not bar such owner and/or operator from obtaining a permit if all other requirements and standards of section 4.09.004 are met.
(Ordinance 2022-22 adopted 11/17/2022)
