§ 35-399.03. Short Term Rentals (Type 2) Establishments.
Short term rentals (type 2) establishments may be permitted to exceed the density limitations described in subsection 35-374.01(c) subject to the following limitations, conditions and restrictions:
(a)
Short Term Rental Permit. A short term rental permit shall be required for all short term rental (type 2) establishments.
(b)
Parking Space Requirements. Parking requirements must comply with the parking tables described in section 35-526.
(c)
A site plan shall be submitted indicating the size and location of all structures on the property. In addition, photographs of the structure in which the short term rental (type 2) is to be located shall be submitted.
(d)
The residential architectural appearance of the structure shall not be changed to that of commercial, although a separate entry for the short term rental (type 2) may be permitted.
(e)
Signs advertising the short term rental (type 2) are not permitted, except that a name plate not exceeding one (1) square foot is permitted when attached flat to the main structure. All applicable sign regulations and/or design review provisions in chapter 28 and chapter 35 shall be adhered to.
(f)
Granting of the permit for a short term rental (type 2) is to be for a definite period of time not to exceed three (3) years and only after notice and hearings as provided in this chapter to the board of adjustment. Applications for subsequent permits must be submitted prior to the expiration of the previous permit. Granting of the permit is non-transferable to another owner, operator, or location.
(g)
The board of adjustment, after all required notices have been made as required by this chapter and the Texas Local Government Code, makes an affirmative finding of fact for the conditions in this section and subsection 35-482(i) of this chapter.
(h)
A special exception approval to operate a short term rental (type 2) on a block face which exceeds the density limitations described in subsection 35-374.01(c) may be granted for the following structures:
(1)
Distressed Structure. The applicant must demonstrate, and the board of adjustment must find:
• The restoration of a historic landmark or structure is a valuable addition to the quality and the character of the city; or
• There is proof that a short term rental (type 2) is the only economically feasible way to finance the preservation of the structure; and
• The granting of a board of adjustment approval will not adversely impact the residential quality of the neighborhood in which the structure is located.
(2)
Non-Distressed Structure. The applicant must demonstrate, and the board of adjustment must find the public welfare and convenience will be served, as demonstrated by subsections (a) (b) and (c) below.
(a)
That nearby streets will not be substantially impacted by the proposed short term rental (type 2). To make this determination, the board of adjustment shall consider input from the city traffic engineer.
(b)
The residential character of the neighborhood will not be disrupted in a manner to prevent the adjacent owners from the quiet enjoyment of their property.
(c)
The neighboring property will not be substantially injured by such proposed use.
(Ord. No. 2018-11-01-0858 , § 4, 11-1-18)
Editor's note
Prior to the reenactment of section 35-399.03 by Ord. No. 2018-11-01-0858 , § 4, adopted November 1, 2018, Ord. No. 2015-12-17-1077 , § 2, adopted December 17, 2015, repealed the former section 35-399.03 in its entirety, which pertained to relocation of buildings and structures, and derived from Ord. No. 95573 § 2, Amendment "B", and Ord. No. 101816, § 2, adopted December 15, 2005.