OR 91500-A-791 Term Replacement to Lodging Houses1
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AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500-A-791
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES BY
AMEDING CHAPTER 9 ‘GENERAL REGULATIONS’, ARTICLE 9-29,
SHORT TERM RENTALS, TO AMEND ANY REFERENCE TO SHORT
TERM RENTALS AND REPLACING IT WITH TERM LODGING
HOUSES IN SAID ARTICLE IN SECTIONS 9-29-1 TO 9-29-13; AND BY
ADDING THE DEFINITION OF LODGING HOUSES; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Coppell, Texas previously adopted an ordinance regarding Short
Term Rentals; and
WHEREAS, the City desires to change the definition of short term rentals to Lodging
Houses; and
WHEREAS, the City Council of the City of Coppell, Texas has determined that it is the
City’s best interest to change the terminology from Short Term Rentals to Lodging Houses as
defined in the Code of Ordinances Chapter 12, Article 30 of the Code of Ordinances.
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 he reby
amended by amending Article 9-29, Short Term Rentals to remove any reference to short term
rentals and replacing it with lodging houses in said article in Sections 9-29-1 through 9-29-13 and
by adding new definition of ‘lodging houses’ in section 9-29-2 which shall read as follows:
“CHAPTER 9, GENERAL REGULATIONS
. . . . .
ARTICLE 9-29 LODGING HOUSE
Sec. 9-29-1. - Purpose and applicability.
The purpose of this division is to establish regulations for the registration and use of
lodging houses for single family living units. The requirements of this division apply only
to the regulation of lodging houses, as defined herein, in accordance with 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
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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 lodging house in
order to promote the availability of the lodging house.
Dwelling means a building that contains one or two dwelling units used, intended or
designed to be used, rented, leased, let or hired out to be occupied for living purposes.
Dwelling unit means a single unit providing complete, independent living facilities for
one or more persons, including permanent provisions for living, sleeping, eating, cooking
and sanitation.
Guest means a person who pays or gives a benefit or thing of value to another in
exchange for the use of dwelling, premises or a portion thereof regulated under this article
for use of a residential dwelling, premises or portion thereof for the privilege to use a
lodging house and/or person's invitees for use of such dwelling, premises or portion.
Guest room. A room or part thereof used or intended to be used by one or more guests
for living or overnight sleeping purposes.
Host means the person, firm, corporation, partnership or association, assigned the duty
and responsibility by the owner to manage or rent a residence for a lodging house.
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 be reachable on a 24-hour
basis, have access to the lodging house property, and be authorized by the owner to act in
the owner’s absence to address any complaints, disturbances, emergencies and property
conditions.
Lodging House is defined in Chapter 12, Article 12-42 of the Code of Ordinances.
Lodging house listing service means an individual from corporation, association,
business or other legal entity that participates in the lodging house business by facilitating
booking or proceeding management services through which an owner may offer lodging
houses to potential guests [13].
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Lodging house permit means a permit issued by the city that allows a person, firm,
corporation and those acting in concert with such lawfully rent or offer to rent to a guest.
Owner means the person who, in accordance with the most recently recorded deed,
deed of trust, security instrument, trust instrument, affidavit of heirship, muniment of title
or other similar conveyance or transfer document indicating title to real property recorded
in the Official Public Records of Dallas County, Texas, is vested in, the ownership,
dominion or title of real property, including, but not limited to:
(1) The owner of a fee simple title;
(2) The owner of a life estate;
(3) The purchaser named in an executory contract for conveyance entered in
compliance with title 2, chapter 5, subchapter D of the Texas Property Code, as
amended, and recorded in the Official Public Records of Dallas County, Texas if
required by Texas Property Code, § 5.076, as amended; or
(4) A mortgagee, receiver, executor or trustee in control of real property.
Permit holder means person who receives a permit to operate a under this article.
Person means an individual, corporation, business trust, estate, trust, partnership or
association, two or more persons having a joint or common interest, or any other legal or
community entity.
Premises means a lot, plot or parcel of land, easement or public way, including any
structures thereon.
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 purpose of this chapter, a person may have only one primary
residence.
Residential districts: Includes the following districts: SF-ED, SF-18, SF-12, SF-9, SF-
7, 2F-9, TH-1, TH-2, RBN or any Planned Development District, which allow residential
occupancy defined in Chapter 12 of the Code of Ordinances.
Single-family residence means as defined in the Code of Ordinances and in this article
which includes the following:
(1) One-family dwelling (detached): A dwelling designed and constructed for
occupancy by one family and located on a lot or separate building tract and having
no physical connection to a building located on any other lot or tract; and is
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located in a single-family zoning district in the Comprehensive Zoning district or
live work zoning or planned development district.
(2) One-family dwelling (attached): A dwelling which is joined to another dwelling
at one or more sides by a party wall or abutting separate wall and which is
designed for occupancy by one family and is located on a platted separate lot,
delineated by front, side and rear lot lines located in the TH, H, or PD district for
each use.
Sleeping unit. A room or space in which people sleep, which can also include
permanent provisions for living, eating, and either sanitation or kitchen facilities but not
both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.
Transient means occupancy of a dwelling unit or sleeping unit for fewer than 30
consecutive days.
Lodging house listing services usually, though not necessarily, provide booking
services through an online platform that allows an owner to advertise the premises through
a website provided by the lodging house listing service and the lodging house listing
service conducts a transaction by which potential guests arrange their use and their
payment, whether the potential guest pays rent directly to the owner or to the lodging house
listing service.
Sec. 9-29-3. - Lodging house registration requirements.
A. No person shall advertise, offer rent, lease, sublease, license or sublicense or offer the
same, a residential property within the city as a lodging house unless registered in
accordance with this article.
B. 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(s) of the
lodging house property.
2. Verification of that this lodging house property is the applicant's residence.
3. The name, address, e-mail address and 24-hour telephone number of a contact
person who is local emergency contact, the owner, operator or designated agent
and who shall be responsible and authorized to respond to complaints concerning
the lodging house within one hour or less;
4. An acknowledgement that any permit granted under this article does not supersede
any property-specific restrictions against lodging houses that may exist under
law, agreement, lease, private covenantor deed restriction, homeowner
association rules or regulation;
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5. A depiction of the floor plan that identifies sleeping areas, proposed maximum
number of guests, evacuation routes and location of all fire extinguishers and
smoke detectors;
6. Site plan/survey of the property indicating maximum number of vehicles that can
be legally parked on the property, without encroaching onto sidewalks or alleys,
other public rights-of-way or public property.
7. Zoning classification(s).
8. A sworn statement that the owner has met and will continue to comply with all
requirements of this article including, but not limited to, obtaining annual
independent inspections of required fire extinguishers in compliance with the
current Coppell Fire Code, as amended; and
9. Acknowledgement of receipt of a copy of this article and agreement to comply
with all provisions of this article as a condition to receiving and consent to
inspection during 8:00 a.m. to 5:00 p.m. maintaining a lodging house permit.
C. Applications shall be considered complete when all documentation required under this
article has been submitted and all permit fees have been paid. Incomplete applications
will not be accepted.
D. A permit to operate or maintain a lodging house is not transferable to another owner,
operator or location.
Sec. 9-29-4. - Inspection required.
A. To ensure compliance with the requirements of this article, a lodging house may be
inspected in the following methods:
1. Initial inspection. As part of the issuance of a new lodging house permit and any
reapplication thereof, the city may conduct an inspection to verify compliance
with this article.
2. Fire extinguishers/suppression system. The owner is responsible for obtaining
annual independent inspections of the fire extinguishers or fire suppression
system in compliance with the Coppell Fire Code.
3. Inspections upon report or suspicion of a violation. The city may perform
inspections when a violation of this article or other law is reported or suspected.
B. If only a portion of the premises is offered for rent, then that portion plus shared
amenities and points of access shall be inspected.
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C. 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 its occupancy.
Sec. 9-29-5. - Restrictions on lodging house operation.
A. External signage. External on-site or off-site advertising signs or displays indicating
the property is a lodging house are forbidden.
B. Limit on occupants allowed. No more than two occupants per bedroom, plus no more
than two occupants shall be allowed when renting a property as a home share rental,
except that:
1. There shall be a maximum occupancy of ten occupants.
2. Bedrooms under 120 square feet shall be limited to only one adult 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 lodging house and
all rental contracts must contain language in bold and different font that specifies the
maximum number of occupants and maximum number of vehicles as set forth in this
section.
E. Other restrictions. It is unlawful for any person to:
1. Operate or allow to be knowingly operated a lodging house without first
registering the property in which the rental is to occur with the city in accordance
with this article;
2. Advertise or offer to rent a lodging house without having obtained a permit issued
for such premises in accordance with this article. Any documented advertisement
or offer, shall be considered prima facie evidence of a violation under this article;
3. A licensee or operator may not advertise, promote or allow another to advertise
or promote a lodging house without including:
a. The permit number assigned by the city to the lodging house; and
b. The applicable occupancy limit for the lodging house.
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4. Operate a lodging house that does not comply with all applicable city and state
laws and codes;
5. Operate a lodging house without paying the required hotel occupancy taxes;
6. Offer or allow the use of a lodging house for the sole or primary purpose of having
a party venue;
7. Fail to include a written prohibition against the use of a lodging house for having
a party in every advertisement, listing, or other publication offering the premises
for rent.
8. Allow, permit or suffer the use of the lodging house 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 under the Alcoholic Beverage Code; or operating as a sexually
oriented business.
9. Rent to a guest who is under the age of 21.
Sec. 9-29-6. - Brochure and safety features.
A. Informational brochure. Each registrant operating a lodging house shall file with city
and provide to guests a brochure that includes:
1. The registrant's 24 hour contact information;
2. The host's 24 hour contact information if the property owner is not within the city
limits when guests are renting the premises;
3. Pertinent neighborhood information including, but not limited to, parking
guidelines 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 lodging house 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 or fire suspension
system. The premises shall, otherwise comply with applicable Codes of Ordinance
including but not limited to Building Maintenance and Fire Codes.
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Sec. 9-29-7. - Notification of approval of lodging house.
Within ten days of the approval of a lodging house registration and reapplication, a
notice will be sent to all property owners within 200 feet of the property, and shall include
the 24-hour complaint line, and pertinent information about this article.
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 lodging houses 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 re-application of the registration, the director or their
designee may deny the registration 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
2. There are grounds for suspension, revocation, or other registration sanction as
provided in this article.
Sec. 9-29-9. - Inspections; re-inspections; suspension and revocation of permit.
(a) Inspections; access. The resident owner, nonresident owner, resident manager and
property manager, as a condition to the issuance of a lodging house permit required by
this article, shall consent and agree to permit and allow the city's building official or
their designee to make the following inspections of the lodging house when and as
needed to ensure compliance with this article:
(1) Right and access to inspect all portions of the premises and structures located on
the premises that are not dwelling units, including, but not limited to, all storage
areas, detached garages, and swimming pools, upon reasonable advance notice
being given to the resident owner, nonresident owner, property manager or resident
manager;
(2) Right and access to inspect all unoccupied dwelling units upon giving reasonable
notice to resident owner, nonresident owner, resident manager or property manager;
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(3) Right and access to inspect all occupied dwelling units when, upon receipt of
reliable information, the building official or their designee has reason to believe
that violations of the ordinances of the city or state law exist that involve serious
threats to life, safety, health and property; and
(4) Before the lodging house permit and any renewal of the lodging house permit is
approved, and before the rental of any single-family residence as a lodging house
under this article, the resident owner, nonresident owner, resident manager or
property manager shall request an inspection and make the single-family residence
available for inspection by the building official or their designee. The building
official or their designee and the resident owner, nonresident owner, resident
manager and property manager shall agree on a reasonable date and time for the
requested inspection.
(b) Admission to premises. The building official or their designee may enforce the
provisions of this article upon presentation of proper identification to the occupant in
charge of the lodging house and may enter, with the occupant's permission, any lodging
house between the hours of 8:00 a.m. and 6:00 p.m.; provided, however, that in cases
of emergency where extreme hazards are known to exist which may involve imminent
injury to persons, loss of life, or severe property damage, the building official or their
designee may enter the lodging house referenced in subsection (a) of this section at any
time and upon presentation of identification and the occupant's permission shall not
apply. Whenever the building official is denied admission to inspect any lodging house
under this provision, inspection shall be made only under authority of a warrant issued
by a magistrate authorizing the inspection.
(c) Reinspection. If any of the inspections authorized by this article require a second
reinspection due to noted violations, reinspection shall be assessed and paid prior to the
second reinspection.
(d) Suspension or revocation of permit. Failure of an owner to comply with the provisions
of this article after receipt of written notice of the violation from the building official
or their designee setting out the violations and the time allowed to rectify the violations,
the lodging house permit authorized by this article issued to the owner may be
suspended or revoked by the community development department.
(e) Reinstatement. Any person requesting a reinstatement or reissuance of a lodging house
permit that has been suspended or revoked shall be required to apply for and receive a
new lodging house permit issued under this article as a condition precedent to the
reissuance or reinstatement of the certificate of occupancy.
Sec. 9-29-10. - Revocation/appeal.
A. Permit may be denied and/or revoked by the city manager or designee upon a finding
by the noncompliance with any provisions of this article or violations of the
Comprehensive Zoning Ordinance, or other applicable city codes.
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B. A permit may be suspended for up to 150 days for the following reasons:
1. If found guilty in Municipal Court of two or more violations of The City of Coppell
Code ordinances or misdemeanor state penal laws within a 12-month period.
i. Operating in violation of building, fire, health, or safety codes - based on official
investigation and determination - 10-day correction period allowed.
ii. Failure to file or pay applicable sales and lodging taxes.
iii. Failure to pay an annual permit application fee.
iv. Failure to apply for a lodging house permit.
C. A permit may be revoked, or reapplication denied for up to one full year for the
following reasons:
1. More than one permit suspension within the past year;
2. False or misleading application materials;
3. Operation of lodging house during a suspension;
4. Any conditions that would have warranted a denial of permit at the time of
application.
D. A permit holder may be subject to permanent revocation if there are four violations of
this article or other city's safety, health, and welfare ordinances.
1. Operating in violation of building, fire, health, or safety codes - based on official
investigation and determination - ten-day correction period allowed.
2. Failure to file or pay applicable sales and lodging taxes.
3. Failure to pay an annual permit application fee.
4. Failure to apply for a lodging house permit.
5. False or misleading information contained in the application for permit.
6. Operation of lodging house during a permit suspension.
E. The community development department shall issue a notice of violation of any
provision of this article or violations as provided herein. Such notice shall include the
date, time and synopsis of the facts surrounding such violation.
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F. An applicant or permit holder who wishes to appeal the denial or revocation of a permit
under this article, shall file an appeal with the board of adjustment within ten days of
notice for reinstatement of a denied or revoked permit.
G. The board of adjustment shall conduct an evidentiary hearing, take testimony and
receive any documented evidence to determine whether the decision of city manager
or designee should be upheld or overturned.
H. At the hearing, the board of adjustment shall receive testimony and evidence to contest
the decision to deny or revoke a permit.
I. The board of adjustment upon completion of a hearing, shall upon a majority vote of
four-fifths of the board grant or deny the appeal.
J. All decisions of the board of adjustment under this article shall be deemed final.
Sec. 9-29-11. - Fees.
All fees for registration, inspection or renewal, including any late fees or exemptions,
as provided in this article, shall be as established by resolution of the city council.
Sec. 9-29-12. - Presumption; presentation of documents or affidavit.
(a) Presumption. It shall be a rebuttable presumption that a single-family residence that is
occupied by one or more person(s) who are not the owner is being occupied pursuant
to an agreement between the owner and the occupant(s) of the single-family residence
wherein the occupant(s) have agreed to lease said residence from the owner.
(b) Presentation of documents or affidavits. Any resident owner or nonresident owner
claiming that the owner is not required to obtain a lodging house permit pursuant to
this article shall, not later than five business days following receipt of a written request
of the building official or their designee or, in the case of an appeal filed pursuant to
section 9-29-10 of this article deliver to the community development department a true
and correct copy of any agreements, documents of title, letters of administration, letters
testamentary, executory contracts for conveyance (also known as "contracts for deed"),
affidavits, or other documents that establish to the satisfaction of the community
development department that a landlord/tenant relationship does not exist between the
owner and the occupant(s) of the single-family residence. Unless an extension of the
time for delivery of such documents or affidavits is granted by the building official or
their designee or city manager, as the case may be, the failure of the owner to present
the requested documents within the time provided by this subsection (b) shall result in
the presumption described in subsection (a) above, becoming irrefutable.
Sec. 9-29-13. - Violations and penalties.
Violation of this ordinance upon conviction shall be punished by a fine not to exceed
the sum of$2,000.00 for each offense;and each and every day such violation shall continue
shall be deemed to constitute a separate offense."
SECTION 2. 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 3 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 4. 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 5. That this ordinance shall take effect on /f;s,,,r 3Qi 0403 and after
publication of its caption,as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell,Texas,this the day of
114.0A1 ,2023.
APPROVED:
WES MAYS, MAYOR
ATTEST:
•./
A Ah..
A HLEY OZNTS,CITY SECRETARY
APPRO AS TO FORM:
ERT E. HA , CITY ATTORNEY
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