OR 2018-1492 Short Term RentalsORDINANCE NO. 2018-1492
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES BY
ADDING ARTICLE 9-29, SHORT TERM RENTALS; PROVIDING FOR
REGULATIONS FOR THE REGISTRATION AND USE OF SHORT
TERM RENTALS; PROVIDING FOR REGISTRATION, PROVIDING
FOR DEFINITIONS; PROVIDING FOR INSPECTIONS; PROVIDING
FOR RESTRICTIONS; PROVIDING FOR BROCHURE AND SAFETY
REQUIREMENTS; PROVIDING FOR NEIGHBORHOOD
NOTIFICATION; PROVIDING FOR VIOLATIONS AND PENALTIES;
PROVIDNG FOR A SUNSET REVIEW: PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has determined that regulations are needed to address
regulations for Short Term Rentals, and
WHEREAS, permanent residents desire the option to occasionally utilize their properties
for home share rentals, and
WHEREAS, the operation of Short Term Rentals should not negatively affect property
values, and
WHEREAS, the Short Term Rentals should be required to pay Hotel Occupancy Taxes,
and
WHEREAS, the City Council has determined that regulations needed are intended to
protect the public health, safety, morals and general welfare.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF COPPELL,
TEXAS, THAT:
SECTION 1. That Chapter 9, General Regulations, of the Code of Ordinances is hereby
amended by adding Article 9-29, Short Term Rentals, which shall read as follows:
"CHAPTER 9, GENERAL REGULATIONS
ARTICLE 9-29 SHORT TERM RENTAL
"Sec. 9-29-1. - Purpose and applicability.
The purpose of this division is to establish regulations for the registration and use of Short
Term Rentals for single family living units. The requirements of this division apply only to Short
Term Rentals, as defined herein, located in residential and historic zoning districts established
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under the city's Zoning Ordinance, Chapter 12 of Code of Ordinances. Nothing in this division,
however, shall be construed to be a waiver of the requirement to assess and collect hotel
occupancy taxes for any residential rental for less than 30 consecutive days, or any other
applicable provision of the Coppell Code of Ordinances.
Sec. 9-29-2. -Definitions
Advertise means the written, audio, oral or other methods of drawing the public's attention
whether by brochure, written literature or on-line posting to a Short Term Rental in order to
promote the availability of the short term rental.
Hotel Occupancy Tax means the hotel occupancy tax as defined in Chapter 1 the Coppell
Code of Ordinances and Chapter 3 of the Texas Tax Code.
Local Emergency Contact means an individual other than the applicant, who resides within
20 miles of the subject property, and who is designated by the owner/applicant to act as the
owner's authorized agent if the owner has traveled outside of the immediate area or is otherwise
unavailable. The local emergency contact should reachable on a 24-hour basis, have access to
the Short Term Rental Property, and be authorized by the owner to act in the owners absence to
address any complaints, disturbances, and emergencies.
Owner means any person, agent, operator, firm, trust, corporation, limited liability
company, partnership or business organization having a legal or equitable interest in the property;
or recorded in the official records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the guardian of the estate of any
such person, and the executor or code official of the estate of such person if ordered to take
possession of real property by a court.
Primary Residence means the usual dwelling place of the applicant's residential dwelling and
is documented as such by at least two of the following: motor vehicle registration, driver's license,
Texas State Identification card, voter registration, property tax documents, or utility bill. For
purposes of this chapter, a person may have only one primary residence.
Short Term Rental (STR) is defined as "the rental of any residence or residential structure, or
a portion of a residence or residential structure for a period of less than 30 days". The term does
not include:
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(1) a unit that is used for a nonresidential purpose, including an educational, health care,
retail, restaurant, banquet space, or event center purpose or another similar use;
(2) a bed and breakfast; or
(3) a hotel/residence hotel.
Residential districts: Includes the following districts: SF -ED, SF -18, SF -12, SF -9, SF -7, 217-
9, TH-1, TH-2, RBN or any Planned Development District defined as a residential use in Chapter
12 of the Code of Ordinances.
Sec. 9-29-3. - Short Term rental registration requirements.
A. No person shall hereafter advertise, offer to rent or rent, lease, sublease, license or
sublicense a residential property within the City as a Short Term Rental for which a
registration has not been properly made and filed with the Community Development
Department of the City. Registration shall be made upon forms furnished by the City
for such purpose and shall specifically require the following minimum information:
1. Name, address, phone number and e-mail address of the property owner of the
Short Term Rental property.
2. Verification of that this Short Term rental property is the applicant's Primary
Residence.
3. Name, address, phone number and e-mail address of the designated Local
Emergency Contact.
4. The maximum number of occupants permitted for the dwelling unit or sleeping
room in accordance with Sec 9-29-5 (b) of the Code of Ordinances.
5. A submission of a sketch floor plan of the dwelling with dimensioned room
layout.
6. Site Plan/Survey of the property indicating maximum number of vehicles that
can be legally parked on the property, without encroaching onto street,
sidewalks or alleys; other public rights-of-way or public property.
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Sec. 9-29-4. - Inspection Required
A. Upon registration, and prior to the first rental occupant of a Short Term rental property,
the owner is required to schedule a Short Term Rental Registration Inspection of the
residential structure with the City of Coppell Community Development Department to
determine compliance with the minimum property standards in Article 15-14 of the
Coppell Code of Ordinances.
1. If only a portion of the premises is offered for rent, then that portion plus shared
amenities and points of access shall be inspected.
2. If, upon completion of the inspection, the premises are found to be in violation of
one or more provisions of applicable City codes and ordinances, the City shall
provide written notice of such violation and shall set a re -inspection date for violation
to be corrected prior to it's occupancy
Sec. 9-29-5. - Restrictions on Short Term Rentals.
A. External Signage. There shall be no external on-site or off-site advertising signs or
displays indicating the property is s Short Term Rental.
B. Limit on occupants allowed. No more than two adult guests per bedroom, plus no more
than two additional adults shall be allowed when renting a property as a home share rental,
except that:
1. There shall be a maximum occupancy of ten (10) persons, adult and children.
2. Bedrooms under 120 square feet shall be limited to only adult one occupant.
C. Limits on number of vehicles. There shall be a maximum of one car per bedroom, or
maximum number of cars that can be accommodated within the garage and driveway,
without extending over the public rights of way (alleys and sidewalks) whichever is less.
D. Advertisement and contracts. Any advertisement of the property as a short term rental
and all rental contracts must contain language that specifies the allowed maximum number
of occupants and maximum number of vehicles.
E. Other restrictions. It is unlawful:
1. To operate or allow to be operated a Short Term Rental without first registering
the property in which the rental is to occur with the City in accordance with this
article;
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2. To advertise or offer a Short Term Rental without first registering the property
in which the rental is to occur with the City in accordance with this article;
documented advertisement of the subject property as a Short Term Rental, online
or offline, shall be considered evidence of a violation of this ordinance;
3. To operate a Short Term Rental in any location that is not the registrant's primary
residence;
4. To operate a Short Term Rental that does not comply with all applicable city and
state laws and codes;
5. To operate a Short Term Rental without paying the required hotel occupancy
taxes;
6. To offer or allow the use of a Short Term Rental for the sole or primary purpose
of having a party venue;
7. To fail to include a written prohibition against the use of a Short Term Rental
for having a party in every advertisement, listing, or other publication offering
the premises for rent.
8. Permit the use of the Short Term Rental for the purpose of housing sex
offenders; operating a structured sober, recovery or other purpose living home
or similar enterprise; selling illegal drugs; selling alcohol or another activity that
requires a permit or license under the Alcoholic Beverage Code; or operating as
a sexually oriented business.
Sec. 9-29-6. - Brochure and safety features.
A. Informational brochure. Each registrant operating a Short Term Rental shall provide to
guests a brochure that includes:
1. The registrant's twenty-four (24) hour contact information;
2. A local responsible party's twenty-four (24) hour contact information if the property
owner is not within the city limits when guests are renting the premises;
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3. Pertinent neighborhood information including, but not limited to, parking restrictions,
restrictions on noise and amplified sound, and trash collection schedules;
4. Information to assist guests in the case of emergencies posing threats to personal
safety or damage to property, including emergency and non -emergency telephone
numbers for police, fire and emergency medical services providers and instructions
for obtaining severe weather, natural or manmade disaster alerts and updates.
B. Safety features. Each Short Term Rental registrant shall provide in the premises working
smoke detectors in accordance with adopted codes and at least one working carbon
monoxide detector and alarm, and one working fire extinguisher. The premises shall,
otherwise comply with applicable Codes of Ordinance including but not limited to
Building and Fire Codes.
Sec. 9-29-7. — Notification of Approval of Short Term Rental
A. Within ten (10) days of the approval of a Short Term Rental, a notice will be sent to all
property owners within one -hundred feet (100 ft.) of the property, and shall include the
twenty-four (24) hour complaint line, and pertinent information about this Ordinance.
Sec. 9-29-8. - Registration term, fees, and renewal.
A. All registrations approved under this Chapter shall be valid for a period of one year from
the date of its issuance.
1. The fees for registration of a Short Term Rentals shall be as established by resolution
of the City Council and may include the following:
a. The initial registration fee,
b. a late fee of twice the established the fee, and
c. senior exemption or other exemption
B. Upon receipt of an application for renewal of the registration, the director or their designee
may deny the renewal if there is reasonable cause to believe that:
1) The registrant has violated any ordinance of the city, or any state, or federal law
on the premises or has permitted such a violation on the premises by any other
person; or
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2) There are grounds for suspension, revocation, or other registration sanction as
provided in this article.
Sec. 9-29-9. — Violations and Penalties
a) Violation of this ordinance upon conviction shall be punished by a fine not to exceed the
sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such
violation shall continue shall be deemed to constitute a separate offense.
Sec. 9-29-10.- Sunset Review
The provisions of this Chapter pertaining to Short Term Rentals shall expire on December
31, 2019 unless extended by Ordinance of the City Council.
SECTION 3. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions
not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 4. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so
decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of
Ordinances as a whole.
SECTION 5. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 6. That this ordinance shall take effect on January 2, 2019 and after publication
of its caption, as the law and charter in such cases provide.
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DULY PASSED by the City Council of the City of Coppell, Texas, this the day of
Lt^%e.- , 2018.
TO
CITY ATTORNEY
APPROVED:
HUNT, MAYOR
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