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, and density and, additionally, to ensure that the
number of occupants within such rental units do not exceed the design
capacity of the structure to cause 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 1377-2023 adopted 6/13/2023)
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:
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 Code of Ordinances, River Oaks, Texas.
The zoning administrator of the city or their designated
representative.
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, motel, or
boarding home.
(Ordinance 1377-2023 adopted 6/13/2023)
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 city, 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 appendix A, fee schedule of this code, and shall specifically require the following minimum information:
(1)
The name, address, contact information, and signature of the
owner of the premises (or signed owner authorization, on a form provided
by the city);
(2)
The name, address, and phone number of a 24-hour contact;
(3)
The registration number for the city hotel occupancy tax as required by section 4.11.004(m), below;
(4)
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;
(5)
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;
(6)
The name, contact information, and rules for the applicable
homeowners' association (HOA), if any;
(7)
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 $1,000,000.00
(one million dollars); and
(C)
Each policy shall be endorsed to provide the city with a minimum
of a 30-day notice of cancellation, nonrenewal, and/or material change
in policy terms or coverage; provided, however, a minimum 10-days'
notice shall be required in the event of nonpayment of premium;
(8)
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);
(9)
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 4.11.004(e); and
(10)
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 this code.
(Ordinance 1377-2023 adopted 6/13/2023)
(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,
plus two (2) additional persons; however, no short-term rental shall
permit the cumulative total number of occupants to exceed twelve (12)
persons. Notwithstanding the foregoing, the maximum number of persons
permitted to stay in a short-term rental operating in a multifamily
dwelling complex is limited to two (2) persons per bedroom, plus one
(1) additional person.
(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, and to on-street parking immediately
adjacent to the property's front lot line. It shall otherwise be unlawful
for an occupant or invitee of an occupant to park a motor vehicle
on a residential street near or across the street from a short-term
rental. 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 section 20 of the zoning ordinance.
(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 noncompliant 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 7:00 a.m. including, but not limited to, the following outside areas: decks, portals, porches, balconies, patios, hot tubs, pools, saunas or spas, in addition to applicable requirements found in article 8.03 of the code;
(2)
Sleeping outdoors;
(3)
Placing, or allowing to be placed, waste or recycling receptacles at the designated pickup location prior to 6:00 p.m. on the day prior to the scheduled pickup or failing to remove waste and recycling receptacles within 24 hours after 7:00 a.m. of the scheduled collection days for that location (pursuant to section 13.02.113 of this 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; 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 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
director. 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 landscaped 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 nonemergency numbers; and
(10)
Notice that failure to conform to the occupancy and parking
requirements constitutes a violation of this 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 director with current application materials required by section 4.11.003, 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 nontransferable pursuant to section 4.11.005(c), the purchaser shall also remit a permit renewal fee as described in the fee schedule.
(m)
Hotel occupancy taxes.
The owner and/or operator
of the short-term rental property shall register with the city 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 director, 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 one-eighth (12.5 percent) of the total number of residential
units on the block or in a multi-unit building. Notwithstanding the
foregoing, at least one short-term rental shall be permitted per block
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 zoning board of
adjustment for a special exception in accordance with section 30 of
the zoning ordinance. The board 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;
(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.
(3)
Nonconforming uses.
A short-term rental that was
lawfully in existence on the effective date of this article shall
be considered a nonconforming use and shall not be subject to the
density limitations set forth in this subsection. A short-term rental
shall be considered lawfully in existence on the effective date of
this article if the owner provides written confirmation from the city
indicating that, prior to the effective date of this article, the
property was registered for payment of hotel occupancy tax and that
the tax account was not in arrears.
(Ordinance 1377-2023 adopted 6/13/2023)
(a)
All permits issued under this article shall be valid for a period
of one year from the date of its issuance.
(b)
A nonrefundable fee for administration of the application shall be charged. 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. The fee for permitting of a short-term rental shall be as established in appendix A, fee schedule of this code.
(c)
A permit to operate a short-term rental is not transferable
to another owner, operator, or location.
(d)
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 1377-2023 adopted 6/13/2023)
(a)
If the director finds that the owner, operator or person in
control of a short-term rental failed to comply with any requirement
of this article, at least twice within a 12-month period, the director
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 twelve (12) months, following a denial or revocation pursuant
to this section.
(b)
If a property is the subject of three or more violations of
the city code, state or federal law within the previous 24-month period,
the director may: revoke an existing permit; deny an application for
an original permit; or, 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 twelve (12) months following
the denial or revocation pursuant to this section.
(Ordinance 1377-2023 adopted 6/13/2023)
(a)
The revocation of a permit or the denial of an application for
a permit to operate a short-term rental, by the director, may be appealed
to the city manager in accordance with the provisions of this section.
(b)
An appeal filed under this section must be filed with the director
no later than the 20th day following the date on which the permit
was revoked or denied. The appeal must identify each alleged point
of error, facts and evidence supporting the appeal, reasons why the
action of the director should be modified or reversed, and must be
sworn.
(c)
The city manager or a designee shall, not later than the 10th
day after the date the notice of appeal is filed, hear the appeal,
and may affirm, modify or reverse a permit revocation or application
denial.
(d)
The city manager or a designee shall give written notice of
a decision on an appeal to the appellant.
(e)
An appellant who seeks judicial review of the city manager's
review 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 1377-2023 adopted 6/13/2023)
(a)
If the owner of the short-term rental property fails or refuses
to comply with the standards contained herein, the city may initiate
enforcement action against the property owner including, but not limited
to, the immediate issuance of a citation.
(b)
Prima facie evidence of a short-term rental use.
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 (30) days or less, shall constitute prima facie evidence of
the property's use as a short-term rental.
(Ordinance 1377-2023 adopted 6/13/2023)
