HomeMy WebLinkAboutOrdinance No. 16,516 (Item 8.b.)ORDINANCE NO. 16,516
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, CHAPTER I I I "UNIFIED LAND DEVELOPMENT CODE,"
ARTICLE 2 "ZONING DISTRICTS AND DIMENSIONAL STANDARDS," DIVISION 2.3 "USE
STANDARDS," SEC. 2.31, "CONSOLIDATED USE TABLE," TABLE 2.31-1, "LAND USE TABLE;"
SEC. 2.33,"USE SPECIFIC STANDARDS," SUBSEC. 2.33-3, "RESIDENTIAL USES;" AND
ARTICLE 10, "WORD USAGE," DIVISION 10.2, "DEFINITIONS," TO AUTHORIZE THE
PERMITTING AND INSPECTION OF SHORT-TERM RENTALS AND AMEND THE DEFINITION
THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section l: That Chapter 111, "Unified Land Development Code," Article 2 "Zoning Districts
and Dimensional Standards," Division 2.3, "Use Standards," Sec. 2.31 "Consolidated Use Table," Table
2.31-1, "Land Use Table" is hereby amended as follows:
CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE
ARTICLE 2. ZONING DISTRICTS AND DIMENSIONAL STANDARDS
Division 2.3. Use Standards
Section 2.31 Consolidated Use Table
Table 2.31-1 Land Use Table
RESIDENTIAL USES
Ovemight (Short -Term L L L L L L L L L L L L L I-` I - I- 2.33-3
AeeomodKions Rental
Section 2: That Chapter 111, "Unified Land Development Code," Article 2 "Zoning Districts
and Dimensional Standards," Division 2.3, "Use Standards," Sec. 2.33 "Use Specific Standards," Subsec.
2.33-3, "Residential Uses," is hereby amended as follows:
CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE
ARTICLE 2. ZONING DISTRICTS AND DIMENSIONAL STANDARDS
Division 2.3. Use Standards
Section 2.31 Consolidated Use Table
Subsec. 2.33-3 Residential Uses
G. Short -Term Rental.
1. The City of Baytown will not enforce community deed restrictions
or covenants associated with short-term rentals.
2. Tenure. The use may be rented for a period of up to, but not
exceeding, 30 days.
3. Hotel -Motel Occupancy Tax: The City's Hotel -Motel Occupancy
Tax requirements are applicable; (See Chapter 90, Article III,
Hotel Occupancy Tax, of the City's Code of Ordinances).
4. A permit is required:
a. No person shall advertise, offer to rent, rent, or lease a
residential property, or any portion thereof, within the
City as a short-term rental without first obtaining a permit
from the City.
b. The permit application shall include the name and contact
information of the property owner, the address of the
property, the number of bedrooms to be offered for rent,
the number of available parking spaces, the designation
and contact information of a twenty-four (24) hour local
contact person, and any other information required by the
City.
i. The "local contact person" shall be within 50 miles of the
short-term rental.
C. A permit shall not be transferrable.
d. A permit expires one (1) year after its date of issuance,
and shall be renewed by the owner or applicant.
e. Each owner or applicant of a short-term rental shall post
a copy of the city -issued permit at a visible location inside
the dwelling near the primary entrance.
5. Inspection is required:
a. Initial inspection: Upon submission of an application for
a permit, and prior to the occupancy of a short-term rental
by guests, the applicant shall schedule an initial
inspection of the residential structure with the City Fire
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Marshal's Office or its designee to determine compliance
with minimum occupancy standards, including but not
limited to: the number of bedrooms offered for rent; the
number of parking spaces provided; the presence of an
accessible fire extinguisher; working smoke detectors in
bedrooms and hallways; and a carbon monoxide detector.
b. Re -inspection: If, upon completion of the initial
inspection, the premises are found to be deficient in one
(1) or more provisions of this section, the city shall
provide written notice of such deficiencies. It shall be the
responsibility of the applicant to schedule a re -inspection
of the premises, and a permit shall not be issued until the
premises passes inspection. An inspection fee will be
required.
C. Renewal certification: The subject property will be
subject to an inspection each time the applicant submits
for permit renewal.
d. Additional inspections authorized: The City or its
authorized representative may, at its sole discretion,
conduct additional inspections of a permitted short-term
rental upon a report or suspicion of a violation of this
Article.
Principal Use. The principal use of the short-term rental shall be a
residential dwelling unit.
Residential Character. The use shall be conducted so that it does
not unreasonably interfere with the peace and enjoyment of
surrounding homes as places of residence. The property owner,
and/or property management must comply with the following
rules:
a. Parking: the owner must provide evidence of one parking
space per bedroom listed for rent plus one additional
parking space.
b. Number of occupants: two persons per bedroom is
allowed plus two additional persons. The total number of
occupants shall not exceed ten persons at any given time.
C. Party venue: the owner shall not advertise the property as
party or entertainment venue; or any
commercial/nonresidential use that violates the City's
zoning regulations.
d. The property owner is responsible for complying with all
applicable rules, covenants, and restrictions of any
Homeowners' Association (HOA) or similar subdivision
management organization.
e. The minimum stay for a short-term rental shall be one (1)
continuous twenty-four (24) hour period.
f. A twenty-four (24) hour local contact person shall be
designated to respond to emergencies or neighborhood
complaints. The contact person shall be available at all
times and, if requested by the Police or Fire Department,
shall be present on -site within one (1) hour of notification.
g.
The use of interior sound monitoring devices is
encouraged to help ensure compliance with applicable
noise regulations.
h.
Property rules and the contact information for the local
contact person shall be posted inside the property in a
visible location and near the primary entrance of the
property.
8. Revocation or Suspension of a Short- Term Rental Permit:
a.
The owner of the property and the operator of the STR
shall be responsible for compliance with all applicable
laws, rules, and regulations pertaining to the use and
occupancy of the subject STR, including prohibition of
public nuisances and unreasonable noise. Violations of
any applicable law, rule, or regulation, may result in the
revocation or denial of a short-term rental permit.
b.
Revocation or Suspension Due to False Information: The
Director of Planning and Development Services is
authorized to suspend or revoke a short-term rental permit
issued under the provisions of this Article if the property
owner fails to pay hotel occupancy tax, or if it is
determined that the property owner or applicant of a short-
term rental permit made a false statement of material fact
on an application for the permit.
C.
Revocation Due to Violation: The Director of Planning
and Development Services is authorized to revoke a short-
term rental permit after three (3) violations have occurred
in any consecutive 12-month period or when a property
owner fails to correct a violation within the specified time
period. For the purposes of this section, a violation shall
be defined as any violation of the requirements of this
Article or the City Code of Ordinances.
d.
Revocation Process: upon a determination to revoke a
short-term rental permit, the Director of Planning and
Development Services shall notify the property owner of
the decision to revoke and the effective date of the
revocation in writing within ten (10) days of the
determination.
e.
Reapplication After Revocation: if a Short -Term Rental
Permit is revoked, the property owner may not submit a
new application for a short-term rental permit for the same
property for a period of 12-months from the date of
revocation.
f.
Appeals: If the Director of Planning and Development
Services denies the issuance or renewal of a short-term
rental permit or revokes or suspends an existing short-
term rental permit issued under this Article, the property
owner may appeal the decision to the Board of
Adjustments (BOA) in accordance with Unified Land
Development Code (ULDC), Article 7 Development
Review Procedures, Sec. 7.53 Appeal of Administrative
Decision.
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9. Penalties: Any person who knowingly or intentionally violates
any subsection of this article shall be punishable in accordance
with Article 9 Enforcement, Violations and Penalties of the City
Code of Ordinances.
Section 3: That Chapter 111, "Unified Land Development Code," Article 10, "Word Usage,",
Division 10.2, "Definitions," is hereby amended as follows:
CHAPTER 111. UNIFIED LAND DEVELOPMENT CODE
ARTICLE 10. WORD USAGE
Division 10.2 Definitions
S
Short -Term Rental means the rental of all or part of a residential dwelling unit that is
rented out for compensation for a duration of occupancy period of less than 30 consecutive
days.
Section 4: Any person who fails to comply with any provision contained in Sections 1-8 of this
ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each act of violation and each day upon which
such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above,
the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative
adjudication and revocation of licenses or permits.
Section 5: All ordinances or parts of ordinances inconsistent with the terms of this ordinance
are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency,
and in all other respects, this ordinance shall be cumulative of other ordinances regulating and governing
the subject matter covered by this ordinance.
Section 6: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of this ordinance or the application of same to any person or set of circumstances shall for any reason
be held unconstitutional, void, or invalid, such invalidity shall not affect the validity of the remaining
provisions of this ordinance or their application to other persons or sets of circumstances; and to this end,
all provisions of this ordinance are declared to be severable.
Section 7: This ordinance shall take effect from and after ten (10) days from its passage by the
City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this
ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 9th day of July 2026.
CHARLES JOHNSON, Mayor
ATTEST:
GABRIELLA GONZALES, Deputy City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND, City Attorney