As used in this article, the following definitions apply:
Accessory dwelling unit ("ADUs").A small dwelling on the same grounds as, or attached to, a single-family house. It can be an apartment or stand-alone house in the backyard. ADU's may not have separate addressing or utilities than the primary home.
City of Lufkin or city or designee.The City of Lufkin or 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(s) designated by such department or division to represent the department or division for said purpose.
Guest or occupant.A person contracting with an owner, either directly or through a short-term rental listing service, for use of a residential dwelling or premises as a short-term rental and such person's invitees occupying the short-term rental. "Guest" or "occupant" includes any individual person living, sleeping, or possessing a short-term rental premises, or portion thereof for any portion of the time during which the rental agreement for the STR authorizes such possession. A person is not required to be paying rent, providing in-kind services, or named in any lease, contract, or other legal document to be considered a guest.
Home exchanges."House swapping" which is a form of lodging in which two parties agree to offer each other homestays for a set period of time.
Hotel occupancy tax.The tax provided in chapter
351 of the Texas Tax Code, as they exist or may be amended and any successor ordinance or laws of the State of Texas.
Owner or operator.In addition to such person or entity, any person having a legal or equitable interest in real property or identified in the official real property records of the county in which the real property is located 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 or administrator of the estate of such person. The term "owner" does not include the holder of a nonpossessory security interest in real property.
Person.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.
Premises.The property, a lot, plot, or parcel of land, including any structures or portions of structures thereon.
Short-term rental or STR.A dwelling that is (1) used or designed to be used as place where a person may reside, including a single-family dwelling, garage apartment, guest house or condominium or cooperative; and (2) 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, or a bed-and-breakfast or hotel as defined in the comprehensive zoning ordinance of the city, as amended.
Short-term rental or STR (hosted).A dwelling unit where the owner with the majority of interest in the residential property, or an owner holding an equal share interest if no other owner owns a greater interest, occupies a dwelling unit as his or her principal residence and offers the dwelling or habitable portion thereof for transient occupancy by others, and is present during the occupancy of the "hosted short-term rental."
Short-term rental or STR (nonhosted).A dwelling unit where the owner with the majority of interest in the residential property, or an owner holding an equal share interest if no other owner owns a greater interest, does not occupy the dwelling unit as his or her principal residence and offers the entire dwelling for transient occupancy by others and is not present during the occupancy of the "nonhosted short-term rental."
Short-term rental listing service.A person that participates in the short-term rental business by facilitating and/or collecting a fee for 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 or mobile application 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.
(Ordinance 446 adopted 9/5/2023)