(A) No person may make available for a short term rental any building or structure within the City of Harker Heights unless such building or structure has previously been registered as a STR in accordance with this chapter and is operated in compliance therewith. No person may operate a bed and breakfast within the City of Harker Heights unless such building or structure has been registered as a B&B in accordance with this chapter and is operated in compliance therewith.
(B) Registration and permitting process.
(1) Prior to operating a short term rental or bed and breakfast, the owner or operator of the STR or B&B shall obtain a STR Registration form or B&B registration form from the Director.
(2) The owner/operator of a short term rental or bed and breakfast must submit the following information on the registration form:
(a) The owner/operator's name, address, email address, telephone number and number at which the owner/operator can be contacted by text message. If the applicant or owner is a partnership, a corporation, or limited liability company, the application shall list the registered agent;
(b) The name, address, email address and 24-hour phone number for a local contact person. The local contact person is the person that must be designated by the owner/operator who must be available 24-hours per day, seven days per week for the purposes of:
1. Responding in person within one hour to any complaint regarding the condition, operation or conduct of occupants of a STR unit or B&B; and
2. Taking remedial action to resolve any such complaints.
(c) The name and physical address of the proposed STR unit or B&B.
(d) The number of bedrooms and the applicable overnight and daytime occupancy limit of the proposed STR unit or B&B.
(e) Site plan indicating location of parking, one off-street parking space per bedroom in the STR unit or B&B is required.
(f) Such other information as the Director deems necessary to administer this section.
(3) Previously existing short term rentals or bed and breakfast. A previously existing STR or B&B that was in continuous use for the 12 months preceding the effective date of this chapter is allowed to continue, subject to the following:
(a) An owner/operator must provide a sworn affidavit and demonstrate to the satisfaction of the City Manager or their designee that the STR or B&B was being used as a STR or B&B on a continuous basis for the 12 months preceding the effective date of this chapter; and
(b) An owner/operator of a short term rental or bed and breakfast provides proof in establishing that the STR or B&B meets all requirements of this section; and
(c) An owner/operator shows proof of remitted state and local hotel occupancy taxes due for a period that covers at least 12 months immediately preceding the effective date of this chapter; and
(d) An owner/operator, within 60 days of the effective date of this section, must apply for a Previously Existing STR or B&B Exemption on an application form provided by the Director; and
(e) An owner/operator pays the permit fee as required by this chapter.
(f) Such other information as the Director deems reasonably necessary to administer this chapter.
(4) Life safety inspection.
(a) Prior to approval of a short term rental or bed and breakfast registration or renewal, the operator shall allow, with reasonable notice, an on-site inspection of the STR or B&B by the City Building Official and the Fire Marshal to ensure compliance with minimum health and safety requirements for use and occupancy. If the premises fails to pass an inspection, a re-inspection fee may be charged for each subsequent inspection in accordance with the fee established by the city. If, upon completion of an inspection, the premises are found to be in violation of the provisions of this chapter, the city shall provide written notice of such violation and shall set a re-inspection date for a violation to be corrected prior to its occupancy. The applicant shall pay a reinspection in accordance with the city's fees ordinance.
(b) Minimum fire and life safety requirements for single family and duplex STR and B&B. Each operator shall ensure these minimum standards are met:
1. Exit routes and building site plan posting in common area and bedrooms.
2. Interconnected smoke alarm in accordance with currently adopted Building and Fire Codes.
3. Carbon Monoxide (CO) detectors mounted on each floor.
4. GFCI's as required by the current International Residential Code.
5. Exit ladders readily available in each upstairs bedroom (minimum of one window per room).
6. Every door and window that leads to the outside is operational.
7. 5# Dry-Chem fire extinguisher mounted in full sight in common area of each floor.
8. Class K fire extinguisher mounted in full sight within the kitchen area or the range top will be protected by the appropriate "Stovetop Firetop" product.
9. Wood, charcoal, or pellet fueled outdoor cooking or burning devices shall be in accordance with currently adopted Fire Codes. A water source (water hose) shall be located within 20 unobstructed feet of the fire source.
10. First Aid Kit (mounted in easily accessible area).
(Ord. 2023-02, passed 1-10-23) Penalty, see § 127.99