HomeMy WebLinkAboutORD 2024-007AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF GRAPEVINE,
TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF
THE CITY CODE OF GRAPEVINE, TEXAS, AMENDING
SECTION 12, DEFINITIONS; SECTION 21, RESERVED;
SECTION 22, "R-MF", MULTIFAMILY DISTRICT
REGULATIONS; AND SECTION 56, OFF-STREET
PARKING REQUIREMENTS REGARDING SHORT-TERM
RENTALS INCLUDING ASSOCIATED REGULATIONS,
(AM23-08); REPEALING CONFLICTING ORDINANCES;
PROVIDING A PENALTY; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Grapevine is a home -rule municipality authorized to adopt
and enforce ordinances necessary to protect heath, life, and property to preserve good
government and the security of its inhabitants; and
WHEREAS, the City of Grapevine has adopted a comprehensive Zoning
Ordinance to regulate the location and use of buildings and land in full accordance with
Chapter 211 of the Local Government Code; and
WHEREAS, the City of Grapevine began examining the impact of short-term
rentals in 2017; and
WHEREAS, Section 92.001 of the Texas Property Code defines "dwelling" as one
or more rooms rented for use as a permanent residence under a single lease ...."; and
WHEREAS, Section 156.101 of the Tax Code establishes that a "permanent
resident" is one who has the right to use or possess a room in a hotel for at least thirty
(30) consecutive days; and
WHEREAS, Section 156.051 of the Texas Tax Code imposes a tax applicable to
short-term rentals as a commercially taxable use of property; and
WHEREAS, short-term rentals are not now and have never been listed as a
permitted use within any Zoning District within the City; and
WHEREAS, there has been a proliferation of short-term rentals within residential
areas of the City; and
WHEREAS, short-term rentals do not fit in or fall under the definition of single-
family attached dwelling or single-family detached dwelling under the Zoning Ordinance;
and
WHEREAS, short-term rentals in the City of Grapevine, with their attendant
traffic, parking, noise, litter, and the influx of non-residents into residential areas is
incompatible with the intent of residential districts in the City and the desires and
expectations of the City's residents and is contrary to the long-standing character of the
community; and
WHEREAS, short-term rentals are not consistent with the character or nature of
single-family residential uses under the Zoning Ordinance; and
WHEREAS, short-term rentals are not suitable in residential neighborhoods, are
not compatible with residential uses, and the neighborhood adjacency of short-term
rentals in residential neighborhoods is harmful; and
WHEREAS, short-term rentals are destructive to the residential character of
single-family neighborhoods, by replacing long-term, permanent residents with a
revolving door of transients; and
WHEREAS, short-term rentals have a detrimental impact on the local housing
market by diminishing market supply and inflating the overall costs of housing; and
WHEREAS, in the absence of being listed as a permitted use in any Zoning
District, short-term rentals are prohibited under the City's Zoning Ordinance; and
WHEREAS, short-term rentals in residential areas of the City pose a risk of
increased public nuisances, disruption of neighborhoods, and additional enforcement
related issues; and
WHEREAS, the City's Police Department has responded to multiple calls for
service at known addresses of short-term rentals in residential areas of the City; and
WHEREAS, the calls for service attributable to short-term rentals in residential
areas of the City include noise, parking, trash, and disturbance complaints; and
WHEREAS, the increase in calls for service attributable to short-term rentals in
residential areas of the City result in an additional burden on the Police Department; and
WHEREAS, the City of Grapevine City Council has determined that it is a
necessity to regulate activities as provided for herein to safeguard the public; and
Ordinance No. 2024-007 2 AM23-08
WHEREAS, the City Council of the City of Grapevine deems the passage of this
ordinance as necessary to protect the health, safety, and welfare of the public; and
WHEREAS, the City Council of the City of Grapevine wishes to amend the Zoning
Ordinance regarding short-term rentals with certain stipulations; and
WHEREAS, the City Council finds that enacting a permitting program for short-
term rentals will serve to balance the rights of all stakeholders through a fair and balanced
regulatory framework that permits short-term rentals in limited locations and
circumstances but ensures that the short-term rentals do not become a nuisance to the
residential neighborhoods; and
WHEREAS, regulations requiring the registration and permitting of short-term
rentals in the City will allow the City to properly identify the location of short-term rentals
and to provide contract information for owners and agents of short-term rentals to aid in
responding to complaints and emergencies; and
WHEREAS, the City has received numerous complaints about short-term rentals
in the past six years from citizens who have contacted code enforcement, police and city
councilmembers about short-term rentals in their neighborhoods; and
WHEREAS, out-of-town guests staying at short-term rentals are often unfamiliar
with City ordinance regulations governing noise, trash collection, occupancy restrictions,
and parking, as those regulations vary by jurisdiction, and lack familiarity with the City’s
ordinances can contribute to guests violating City ordinances; and
WHEREAS, short-term rentals can often times become party houses where there
is an increase in activity of persons, traffic, and noise that are disruptive to the
neighborhood especially where the rental capacity of such short-term rentals is expanded
beyond traditional residential uses; and
WHEREAS, the City of Grapevine is authorized by law to adopt the provisions
contained herein; and
WHEREAS, the City desires to implement those rules and regulations that protect
health, life, and property and that preserve good government, order, and security of the
City and its inhabitants; and
WHEREAS, all statutory and constitutional requirements for the passage of this
ordinance have been adhered to, including but not limited to the Open Meetings Act and
Chapter 211 of the Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Ordinance No. 2024-007 3 AM23-08
Section 1. That all matters stated hereinabove are found to be true and correct and
are incorporated herein by reference as if copied in their entirety.
Section 2. That Section 12 of the Zoning Ordinance — "Definitions", is hereby
amended to add definitions as follows:
ADVERTISE the act of drawing the public's attention to a short-term rental in order
to promote the availability of the residence for use as a short-term rental. Said advertising
may be found in any medium, including but not limited to, newspaper, magazine,
brochure, website, or mobile application.
BOOKING SERVICE any reservation and/or payment service provided by a
person or entity that facilitates a short-term rental transaction between an Owner and a
prospective Occupant, and for which the person or entity collects or receives, directly or
indirectly through an agent or intermediary, a fee in connection with the reservation and/or
payment services provided for the short-term rental transaction.
HOSTING PLATFORM a person or entity that participates in the short-term rental
business by providing, and collecting or receiving a fee for, Booking Services through
which an Owner may offer premises for an occupant on a short-term basis. Hosting
Platforms 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 Hosting Platform and the Hosting Platform conducts a transaction by which potential
occupants arrange their use and their payment, whether the would-be occupant pays rent
directly to the Owner or to the Hosting Platform.
HOUSEKEEPING UNIT A permanent residence as defined by Section 92.001 of
the Property Code. Housekeeping unit specifically excludes any short-term rental,
boarding house, lodging house, hotel, club, or any other use which is subject to the hotel
occupancy tax imposed by Section 156.051 of the Texas Tax Code.
LEASEBACK An arrangement where the seller of a home leases the home back
from the purchaser. In a leaseback arrangement, the specifics of the arrangements are
typically made prior or immediately after the sale of the home.
MULTIFAMILY SHORT-TERM RENTAL The renting of a multifamily dwelling unit,
or any portion thereof, for a period of less than 30 days.
Ordinance No. 2024-007 4 AM23-08
OPERATOR Any person or entity who has control of the property or dwelling unit.
RENTAL The renting, bartering, trading, letting or otherwise allowing the use of a
dwelling unit, or portions thereof, for compensation.
SHORT-TERM RENTAL The rental or offer for a rental of a dwelling unit, or any
portion thereof, for a period of less than 30 days. This term does not include a leaseback.
SINGLE-FAMILY SHORT-TERM RENTAL The renting of a single-family dwelling
unit, or any portion thereof, for a period of less than 30 days. This term does not include
a leaseback.
Section 3. That Section 21 of the Zoning Ordinance — "Reserved", is hereby
renamed to "Short-term Rentals" and amended as follows:
Short-term Rentals
A. Single-family short-term rentals are hereby prohibited. It shall be unlawful to
advertise for a single-family short-term rental in the City. It shall further be unlawful
to advertise for any short-term rental which does not have a valid short-term rental
permit issued under this Section.
B. Multifamily short-term rentals are allowed with the R-MF and RMF-2 Zoning
Districts, subject to the issuance of a conditional use permit.
C. A hosting platform or booking service shall require that all owners using the
platform include a City -issued Permit number in any listing for a short-term rental
on the platform and shall include a designated, mandatory field in its listing that
requires a short-term rental host to input their City -issued short-term rental Permit
Number before the host lists on the hosting platform's or booking service's website.
The hosting platform or booking service shall remove a listing from the platform or
booking service for a short-term rental after notification by the City that the short-
term rental listing lacks a City -issued Permit, or the Permit is invalid, expired, or
has been revoked. The notification must identify the listing(s) to be removed and
state the reason for removal. The platform shall remove the listing(s) as soon as
practicable but no later than ten (10) calendar days from such notice.
Ordinance No. 2024-007 5 AM23-08
D. Short-term rentals must comply with the following conditions:
1. Short-term rentals are only allowed in multifamily complexes with at least
fifty (50) units.
2. Short-term rentals are not allowed within the Historic Grapevine Township
or within any Transit District Overlay.
3. Multifamily short-term rentals cannot be located in a complex whose
property line(s) falls within five hundred feet of any property zoned for
single-family use, including the R-5.0, R-7.5, R-12.5, R-TH, and R-20
Zoning Districts.
4. The operator of a short-term rental must be the owner of the property or the
representative of the owner.
5. The operator of a short-term rental must obtain a permit from the City of
Grapevine to operate the short-term rental. Said permits are non-
transferable.
6. The permit application requirements for a short-term rental are as follows:
a. A five -hundred -dollar ($500.00) application fee is required annually
for the permit; and
b. The name, physical/street address, mailing address, facsimile
number, e-mail address, telephone number, date of birth, driver's
license number, of the operator and representative; and
C. If the operator is not an individual, the name, physical/street address,
mailing address, facsimile number, e-mail address, and telephone
number of the corporate representative with authority to act on behalf
of the owner -entity and a copy of the documents filed with the Texas
Secretary of State establishing the business entity and showing the
entity is in good standing with the State of Texas; and
d. The name and website link to all internet platforms on which the
operator advertises or take reservations for lodging at the short-term
rental at any time during a 12-month period from the date of
application, including the identity of any booking service or hosting
platform utilized for such short-term rental; and
e. Designation of a responsible party who will be available at all times
of the day or night for the short-term rental. Said responsible party
must be available and able to respond to incidents at the short-term
rental within sixty (60) minutes of being contacted; and
Ordinance No. 2024-007 6 AM23-08
Total number of units and the unit numbers of the proposed short-
term rentals; and
g. Proof of general liability insurance in an amount of not less than one
million ($1,000,000.00) per occurrence issued by a company or
companies licensed to operate in the State of Texas with a minimum
A- rating by AM Best throughout the term of the policy; and
h. House rules that the operator requires the renters to follow which
must follow this ordinance; and
The operator must notify the City of Grapevine in writing of any
material change in the information contained in the application for a
license within seven (7) days of the change, including but not limited
to a change of ownership; management; and advertisements hosted
on internet platforms; and
Identify all off-street parking available for and dedicated to such
short-term rental(s); and
k. Any other certifications that are deemed necessary to establish proof
of compliance.
7. Multifamily short-term rentals can occupy no more than three percent (3%)
of the available units in the complex.
8. During the time the short-term rental is taking place, the renters of the unit
need to maintain a common household. Therefore, internal doors cannot
have key locks that exclude renters of the property from any rooms.
Everyone using the rental unit must have complete unrestricted access to
the entirety of the rental.
9. The operator of the short-term rental is only allowed to use the property as
a short-term rental for one hundred and eighty (180) days out of the
calendar year. For one hundred and eighty (180) days the operator of the
rental must utilize or maintain the property without the operation of a short-
term rental.
10. The operator of the short-term rental cannot either directly or indirectly allow
the property to be physically converted to add bedrooms. Once the property
has been registered with the City as a multifamily short-term rental, that
property cannot add any bedrooms.
11. A short-term rental cannot be occupied or utilized by more than two (2)
people per bedroom or twelve (12) persons overall during any given rental
period.
Ordinance No. 2024-007 7 AM23-08
12. A short-term rental cannot be advertised to or host more than twelve (12)
people staying overnight at the property with a maximum occupancy of two
(2) people per bedroom.
13. The sound level at a short-term rental may not exceed sixty-three (63)
decibels when measured at the dividing line or property line between the
short-term rental unit or property and its neighboring property or unit.
14. There can be no outside congregation at a short-term rental between 10:00
p.m. and 9:00 a.m.
15. Each short-term rental must provide at least one off-street parking space
each for the greater of: 1) each bedroom or room where sleeping quarters
are provided; and 2) every two (2) guests in the short-term rental's
advertised capacity.
16. On street parking is prohibited for any renters or guests of a short-term
rental.
17. A short-term rental must be available for a minimum rental period of twenty-
four (24) hours.
18. A short-term rental cannot be utilized for any special events such as
banquets, bachelor or bachelorette parties, weddings, receptions, concerts,
or any other similar events.
19. Permit Suspension or Revocation. The City reserves the right to suspend
or revoke a short-term rental in the event the operator or address accrues
three or more violations of this ordinance or any other ordinance of the City
of Grapevine during a calendar year. A violation shall include any written
notice of violation, citation, or other or other documentation of a violation.
Additionally, the City may suspend or revoke a short-term rental permit in
the event of any single, severe ordinance or criminal violation, including but
not limited to criminal arrests. Such determinations may be made by the
staff of the City of Grapevine. These remedies are in addition to all other
remedies and enforcement options available to the City, including but not
limited to the issuance of citations and/or the filing of suit pursuant to
Chapter 54 of the Local Government Code.
20. In the event of the revocation of a short-term rental permit, the operator
cannot apply for any additional short-term rental permits for two (2) years.
21. If a short-term rental permit is denied, suspended, or revoked, the applicant
or operator can appeal to the City of Grapevine City Manager's office within
thirty (30) days of receiving notice that that permit was suspended, revoked,
or denied. The final decision of the City Manager's office can be appealed
Ordinance No. 2024-007 8 AM23-08
to the Board of Zoning Adjustment. During any such appeal, the applicant
shall not be authorized to operate a short-term rental.
Section 4. That Subsection (C), Conditional Uses, of Section 22 of the Zoning
Ordinance — "R-MF", Multifamily District Regulations, is hereby amended as follows:
11. Short-term Rentals.
Section 5. That Subsection (1), Residential of Subsection (C), Conditional Uses,
of Section 56 of the Zoning Ordinance — "Off -Street Parking Requirements", is hereby
amended as follows:
C. NUMBER OF PARKING SPACES REQUIRED: Multi -use projects shall have
aggregate parking requirements. The minimum number of off-street parking spaces
required shall be as follows:
USE
NUMBER OF PARKING
REQUIRED FOR EACH
SPACES
Single-family dwellings:
attached, detached,
2
Dwelling Unit
townhouse, duplex
Mobile home subdivision
2
Dwelling Unit
Apartment, Condominiums,
2
Dwelling Unit
triplex, four lex
Motel or Hotel
1 parking space per guestroom for a hotel/motel with no
restaurant or meeting facilities; 1.25 parking spaces per
guestroom of a hotel/motel with restaurant or meeting
facilities. The minimum number of parking spaces may
be varied subject to and conditioned upon approval of a
conditional use permit, pursuant to Section 48 of this
ordinance and an approved site plan.
At least one off-street parking space each for the greater
Multifamily Short-term
of:
Rental
1) each bedroom or room where sleeping quarters are
provided; and
Ordinance No. 2024-007 9 AM23-08
2) every two (2) guests in the short-term rental's
advertised capacity.
Section 6. That the City of Grapevine staff is hereby directed to proceed with
the development and implementation of a notice and enforcement initiative as to short-
term rentals.
Section 7. If any section, article, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereto any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares
it would have passed such remaining portions of the ordinance despite such invalidity,
which remaining portions shall stay in full force and effect.
Section 8. The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace,
and general welfare of the public creates an emergency which requires that this ordinance
become effective from and after the date of its passage, and it is accordingly so ordained.
Section 9. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
to exceed Two Thousand Dollars ($2,000.00) for each offense. Each day on which a
reported violation is committed will be deemed a separate offense.
Section 10. All ordinances or any parts thereof in conflict with the terms of this
ordinance shall be and hereby are deemed repealed and of no force or effect.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 16th day of January, 2024.
APPROVED:
William D. Tate
�dF 4®aMayor
ATTEST: Ilk
W1 !
it
o
o s
Tara Brooks
City Secretary
Ordinance No. 2024-007 10 AM23-08
APPROVED AS TO FORM:
Matthew CA Boyle
City Attorney
Ordinance No. 2024-007 11 AM23-08