Section
117.01 Purpose
117.02 Definitions
117.03 Permit required
117.04 Permit registration, inspection fee and application
117.05 Operational requirements
117.06 Notification of complaints
117.07 Compliance with other law
117.08 Compliance and penalty provision
117.09 Permit suspension or revocation; appeal
117.10 Fees
117.99 Penalty
The purpose of this chapter is to establish regulations for the use of privately owned dwellings as short-term rentals, to promote fire prevention and life safety, to minimize negative ancillary impact on surrounding properties, and to ensure the collection and payment of the hotel occupancy tax towards the city.
(Ord. 2022-07, passed 12-15-2022)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Tool, Texas.
GUEST(S). The overnight occupants renting a short-term rental unit for a specified period and the daytime visitors of the overnight occupants.
LOCAL CONTACT PERSON. The owner, operator or person designated by the owner or the operator who shall be available 24 hours per day for the purpose of responding to concerns or requests for assistance related to the owner’s short-term rental.
OPERATOR. The owner or the owner’s authorized representative who is responsible for compliance with this chapter while advertising and/or operating a short-term rental.
OWNER. The person or entity that holds legal or equitable title to the short-term rental property.
SHORT-TERM RENTAL.
(1) A privately-owned dwelling, including but not limited to, a single-family dwelling, multiple family attached dwelling, apartment house, condominium, duplex, mobile home or any portion of such dwellings, rented by the public for consideration, and used for dwelling, lodging or sleeping purposes for a period less than 30 consecutive days.
(2) The following are exempt from the regulations under this chapter: hotel, motel, dormitory, recreational vehicle park, hospital and medical clinic, nursing home or convalescent home, assisted living facility, foster home, halfway house, transitional housing facility, any housing operated or used exclusively for religious, charitable or educational purposes, and any housing owned by a governmental agency and used to house its employees or for governmental purposes.
SHORT-TERM RENTAL PERMIT. A permit issued by the city authorizing the use of a privately owned dwelling as a short-term rental.
SHORT-TERM RENTAL UNIT. One or more habitable rooms forming a single habitable division within a short-term rental or dwelling, which is advertised to be occupied, is occupied, or intended to be occupied by a single party of guests under a single reservation and/single rental payment.
(Ord. 2022-07, passed 12-15-2022)
(A) The application form shall require, at a minimum, the following information from applicants:
(1) The name, address, email and telephone number of the owner of the short-term rental.
(2) The name, address, email and telephone number of the operator of the short-term rental.
(3) The name, address, email and telephone number of the local contact person.
(4) The address of the short-term rental.
(5) A site plan/survey drawn to scale showing the proposed layout of the property use including pool and/or hot tub and any on-site parking available for the short-term rental.
(6) Proof of fire and liability insurance.
(B) An applicant for a short-term rental permit shall pay to the city an application/inspection fee of $200 for each individual short-term rental unit. Each individual short-term rental unit shall be assigned a unique permit number upon permit issuance by the city.
(C) Prior to the issuance of a short-term rental permit, the operator shall allow an on-site inspection of the short-term rental unit.
(D) A short-term rental permit issued under this chapter shall be valid for a period of one calendar year from the date of issuance. The short-term rental permit shall expire immediately upon any change in owner of the short-term rental unit.
(E) The owner has a duty to notify the city within 20 calendar days, in writing, of any changes to information submitted as part of a short-term rental permit application.
(F) An application for short-term rental permit may be denied if the owner has had a short-term rental permit suspended or revoked during the previous 365 calendar days.
(G) The owner, operator, contact person(s) of the aforementioned short-term rental shall adhere, understand and compromise with all local, state and federal taxing agencies.
(Ord. 2022-07, passed 12-15-2022)
(A) The operator shall post the following information in a prominent location within the short-term rental unit, using a form promulgated by the city:
(1) The unique short-term rental permit number assigned to the short-term rental unit.
(2) Operator name and number.
(3) Local contact person name and number.
(4) The location of any on-site and off-site parking spaces available for guests.
(5) Instructions to guests concerning disposal of garbage and handling of garbage containers.
(6) Notification that the guests are responsible for compliance with all applicable laws, ordinances, rules and regulations pertaining to the use and occupancy of the short-term rental, and that guests or the owner may be fined by the city for violations of this chapter.
(7) Notification that fireworks are prohibited in the city and by TRWD.
(8) TP&W Boating Safety regulations.
(9) Location(s) of fire extinguishers.
(B) The operator shall operate a short-term rental in compliance with building regulations, mobile home housing standards, subdivision regulations, and zoning code.
(1) Zoning regulations prescribed for the zoning district in which such short-term rental is located, set forth in the code.
(2) The city sign ordinance, as applicable, set forth in the code.
(3) Minimum egress requirements prescribed by the County Fire Marshal, pursuant to the International Fire Code as adopted by the code of ordinances.
(4) The city hotel occupancy tax ordinance, set forth in the §§ 33.01 et seq.
(5) The city noise and sound level regulation ordinance, set forth in the code.
(6) The city garbage collection ordinance, set forth in the code.
(7) During any period when a short-term rental is occupied or intended to be occupied by guests, the local contact person shall be available 24 hours per day for the purpose of responding to concerns or requests for assistance related to the condition, operation, or conduct of the guests of the short-term rental. The local contact person shall respond within 60 minutes of being notified of concerns or requests for assistance regarding the condition, operation, or conduct of guests of the short-term rental, and shall take immediate remedial action as needed to resolve such concerns or requests for assistance.
(8) The city building codes.
(9) The city residential codes.
(10) The city swimming pool and spa code.
(11) The International Electric Code.
(12) The city lighting ordinance.
(13) Onsite parking, one space per bedroom rental.
(C) Any advertisement that promotes the availability of a short-term rental, listed in any medium, including but not limited to newspaper, magazine, brochure, website, or mobile application, shall include the current short-term rental permit number assigned by the city.
(Ord. 2022-07, passed 12-15-2022)
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