HomeMy WebLinkAbout032801 ORD - 06/28/2022One -Reading ordinance amending the Unified Development Code to allow
short term rentals in single family residential districts except for single
family residential districts within the Padre/Mustang Island Area
Development Plan; and amending Chapter 5 of the Corpus Christi Code to
increase the permitting fee for short-term rentals, establish fee for special
exceptions and appeals, and establishing additional regulations for short-
term rentals including density regulations for non -owner occupied short-
term rentals within single family residential districts; and providing for
penalty
WHEREAS, the Planning Commission has forwarded to the City Council its final report
and recommendation regarding the amendment of the City's Unified Development Code (" UDC");
WHEREAS, a public hearing was held during a meeting of the Planning Commission when
said Commission recommended approval of the proposed UDC amendments, and with proper
notice to the public, an additional public hearing was conducted during a meeting of the City
Council, during which all interested persons were allowed to appear and be heard;
WHEREAS, amendments are to promote public safety and enhance quality of life;
WHEREAS, non -owner occupied short-term rentals jeopardize the essential character of
single-family residential districts;
WHEREAS, the demand for short-term rental within the Padre/Mustang Island Area
Development Plan is much greater than other areas of the City and such demand jeopardizes the
essential character of single-family residential districts within the Padre/Mustang Island Area
Development Plan;
WHEREAS, the City Council finds that all of the fees established in this ordinance do not
exceed an amount reasonably necessary to directly cover the cost of operating this regulatory
program; and
WHEREAS, the City Council has determined that this amendment to the UDC would best
serve the public's health, necessity, convenience and the general welfare of the City and its
citizens.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. The recitals contained in the preamble of this Ordinance are determined to true and
correct and are hereby adopted as a part of this Ordinance.
SECTION 2. UDC Article 5 "Use Regulations", Section 5.2.24. "Rentals (Single Family)" is
amended by adding the following language that is underlined (added) and deleting the language
that is stricken {deleted) as delineated below:
5.2.24. Rentals (Single Family)
Single-family units in a single-family district cannot be rented for less than a one -month period;
c#a, ho
within the Padre/Mustang Island Area Development Plan.
032801
SCANNED
C:\Users\danielmc\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Q798F6KO\ORD - STR Phase 2 6-27-22.docx
SECTION 3. Chapter 5 "Business Regulations", Article 11 "SHORT-TERM RENTALS" of the
Corpus Christi Code is hereby repealed and replaced to read as follows:
Sec. 5-36. Purpose.
The purpose of this article is to establish regulations for the protection of the health and
safety of occupant(s) of short-term rental properties and to protect the integrity of the
neighborhoods in which short-term rental properties operate.
Sec. 5-37. Definitions.
As used in this article, the following words and phrases shall have the definitions
ascribed to them by this section:
Agent means a person designated by the short-term rental operator in lieu of
themselves as the twenty -four-hour emergency contact for a lawfully operating short-
term rental.
Block Face means the properties abutting one (1) side of a street and Tying between the
two (2) nearest intersecting or intercepting streets, or nearest intersecting or
intercepting street and/or railroad right-of-way, unsubdivided land, watercourse, or city
boundary.
Occupant means the person(s) who have lawfully obtained the exclusive use and
possession of the short-term rental property or portion thereof from its operator, and the
guest(s) of such person(s).
Operator means any person who operates a short-term rental, as defined in this article.
For purposes of this article, a lessee of a unit, when expressly permitted in writing by
the owner, may serve as the operator of a short-term rental.
Owner means the person or entity that holds legal and/or equitable title to the private
property.
Short-term rental means a property that rents out all or a portion of a residential dwelling
unit for a period of Tess than thirty (30) days and not Tess than twelve (12) hours. This
includes type 1 and type 2 short-term rentals.
Short-term rental permit means the permit issued by the city that identifies the subject
property as a lawful short-term rental, the short-term rental permit number, the names
and contact information of the owner, operator, and agent if applicable, and twenty -four-
hour emergency contact phone for at least one (1) of the preceding.
Sleeping area means a room within a dwelling designed or used for sleeping, including
a bedroom. Tents, hammocks, recreational vehicles and/or other vehicles and outdoor
areas shall not be considered a sleeping area.
Page 2 of 11
Type 1 Short-term rental (owner -occupied) means a residential dwelling unit, a portion
thereof, which is either occupied by the owner, as reflected in title records, or an
operator as reflected in a valid lease agreement, and with the express permission of the
property owner. Accessory dwelling units will be considered occupied by the owner
where the primary residential dwelling is occupied by the owner, as reflected in title
records, or an operator as reflected in a valid lease agreement, and with the express
permission of the property owner. The owner or operator shall make his or her legal
residence on the same property, as evidenced by homestead exemption, voter
registration, vehicle registration, or similar means.
Type 2 Short-term rental (non -owner occupied) means a residential dwelling unit, or a
portion thereof, which is either not occupied by the owner or operator, or the owner or
operator does not occupy another dwelling unit, or portion thereof, on the same
property, as reflected in title records.
Sec. 5-38. Permit required.
(a) No short-term rental shall operate within the City of Corpus Christi without a
current valid short-term rental permit.
(b) All individual units having cooking, sleeping, and bathing facilities, within
common buildings, regardless of ownership, shall require a separate, individual permit
for each unit intended to be used as a short-term rental.
Sec. 5-39. Short-term rental permit.
(a) Application. Application for a short-term rental permit shall be made either in
writing or electronically. Application for a short-term rental permit shall be accompanied
by a one-time application fee and shall include the following information, at a minimum:
(1) A list of all owners, operators, and agents (if applicable) of the short-term
rental including names, addresses, current email address(es) of owner/operator,
and telephone numbers.
(2) A sketch of the floor plan, which identifies sleeping areas, proposed
maximum number of guests, evacuation route(s), location of fire extinguisher(s).
(3) The name, address and twenty -four-hour telephone numbers of a contact
person, who is the owner, operator, or designated agent and who shall be
responsible and authorized to respond to complaints concerning the use of the
short-term rental.
(4) A sworn, self -certification that the owner of the short-term rental has met
and will continue to comply with the standards and other requirements of this
article including, but not limited to: maintenance of insurance coverage of the unit
Page 3of11
or portions thereof in accordance with this article and obtaining annual
independent inspections of required fire extinguishers in compliance with the
city's current fire code.
(b) Completeness of application. Applications shall not be considered complete until
all documentation required under this article has been submitted, and until the full
application and permit fees have been paid. Incomplete applications will not be
accepted.
(c) Acknowledgement by applicant. In connection with submission of the application,
each applicant shall acknowledge that any permit granted under this article does not
supersede any property -specific restrictions against short-term rentals that may exist
under law, agreement, lease, covenant or deed restriction.
(d) The application fee for a permit to operate a short-term rental is $50 in calendar year
2022. The application fee for a permit to operate a short-term rental after calendar year
2022 is $250.
Sec. 5-40. Expiration and renewal of permit.
(a) Unless revoked earlier pursuant to this article, a permit to operate a short-term
rental will be valid for one (1) year ending December 31.
(b) A permit for Type 2 short-term rental expires due to inactivity when a permit
holder fails to report and pay Hotel Occupancy Tax for more than 6 months for the
short-term rental.
(c) A permit holder shall apply for renewal prior to the expiration of the permit on a
form provided by the director. The permit holder shall update the information contained
in the original permit application required under section 5-39 of this article or any
subsequent renewals under this section, if any of the information has changed. The
permit holder shall sign a statement affirming that there is either no change in the
information contained on the original permit application and any subsequent renewal
applications, or that any information that has been updated is accurate and complete.
Complete applications for renewal received after the expiration of a current permit shall
be treated as applications for a new permit, as described in section 5-39.
(d) The director shall follow the procedures set forth in this article when determining
whether to renew a permit.
(e) The fee for the renewal of a permit to operate a short-term rental is $250.
Sec. 5-41. Non -transferability.
A permit to operate a short-term rental is not transferable to another owner, operator,
unit or location.
Page 4of11
Sec. 5-42. General standards.
All short-term rentals permitted pursuant to this chapter are subject to the following
standard requirements:
(a) Occupancy. The maximum number of persons allowed to reside in a short-term
rental shall be defined by the City of Corpus Christi Property Maintenance Code. The
owner/operator shall not allow an occupancy of a residential structure that exceed the
maximum occupancy level for that structure.
(b) Insurance. The applicants shall keep, at a minimum, an insurance policy
sufficient for personal injury liability of guests.
(c) Life safety.
1. Short-term rentals and structures where they are located shall conform to
all applicable city -adopted codes, regulations, and ordinances.
2. A 2A:10B:C-type fire extinguisher (a standard five -pound extinguisher)
shall be properly mounted within seventy-five (75) feet of all portions of the short-
term rental on each floor.
3. Smoke and carbon monoxide detectors shall be installed and conform to
all applicable city -adopted codes, regulations, and ordinances.
4. Every sleeping area shall have at least one (1) operable emergency
escape and rescue opening per all applicable city -adopted codes, regulations,
and ordinances.
5. An evacuation plan shall be posted conspicuously in each unit or
permitted sleeping area.
6. Every bedroom/sleeping area in a short-term rental that does not comply
with this section shall not be used as a sleeping area and where equipped with a
door, shall remain locked at all times when the dwelling is being used as a short-
term rental. Such a non -compliant sleeping area shall not be included in the
maximum occupancy calculation as defined by the City of Corpus Christi
Property Maintenance Code for the short-term rental. The owner/operator shall
notify every occupant, in writing, that the non -compliant sleeping area may not be
used for sleeping.
(d) Conduct on premises.
1. Short-term rental operators shall be responsible for informing their
occupants of all relevant city codes and occupants' liability for violations of same.
Page 5 of 11
2. Excessive noise or other disturbance outside the short-term rental is
prohibited per chapter 31 of the Code of Ordinances. This includes, but is not
limited to, decks, docks, portals, porches, balconies, patios, hot tubs, pools,
saunas or spas.
3. No overnight sleeping outdoors or outdoor sleeping spaces for rent.
(e) Advertisement. All advertisements, including online or proprietary (website, app,
or other technology) will include legible short-term rental permit number within the
description or body of the advertisement for public reference.
(f) Tenant indoor notification. The operator shall post in a conspicuous location of
the dwelling the following minimum information:
1. Maximum number of occupants.
2. Location of off-street parking, other available parking and prohibition of
parking on unimproved surfaces.
3. Quiet hours and noise restrictions as defined per chapter 31 of the Code
of Ordinances.
4. Restrictions of outdoor facilities.
5. Twenty -four-hour contact person and phone number.
6. Property cleanliness requirements.
7. Trash pick-up requirements, including location of trash cans.
8. Flooding hazards and hurricane evacuation routes.
9. Emergency numbers.
10. Notice that failure to conform to the occupancy and parking requirements
is a violation of the city Code and occupant or visitor can be cited.
11. Short-term rental permit, and/or any other required permits, if applicable.
(g) Emergency contact. The owner/operator of the short-term rental shall provide the
city with a twenty -four-hour contact number for the operator or a designated agent per
section 5-39 and shall provide timely updates to city of any changes thereto. Complaints
regarding short-term vacation rentals shall be directed to the City complaint helpline.
The registered local contact shall be available by phone 24 hours a day to answer calls
from the complaint helpline, as well as complaints from any other sources. Upon receipt
of a notification or attempted notification regarding a complaint, the registered local
contact shall contact the occupant of the short-term vacation rental and resolve the
issue giving rise to the complaint. The registered local contact shall have one (1) hour
from the time of notification or attempted notification of a complaint to resolve the
Page 6 of 11
problem giving rise to the complaint. Failure to resolve the problem within one (1) hour
shall constitute a violation of this code unless the registered local contact can
demonstrate that they contacted the occupant of the short-term vacation rental within
one (1) hour and attempted to resolve the problem but were unable to do so. In that
event, the registered local contact shall visit the short-term vacation rental property to
address the problem and resolve the complaint within one (1) hour thereafter.
The registered local contact shall provide a detailed report of all complaints received
and their resolution or attempted resolution to the Development Services Department
within 48 hours of notification or attempted notification of a complaint. If the registered
local contact disputes the complaint, the report shall include any photographs, videos,
audio recordings, and/or other documentation refuting the existence of the problem
underlying the complaint. Failure to provide updated information to the city regarding
designated agent or responsible party shall be a violation of this section. Failure to
resolve any complaint or to report complaints to the Development Services Department
as required in this Subsection shall be a violation of this Section. Violations of this
Subsection shall be considered separate and independent from any violation of any
other provision of this Section.
(h) Compliance with laws. Owners, operators, and occupants are required to comply
with city, state, and federal laws.
Sec. 5-43. Density Limitations for Type 2 Short -Term Rentals (Non -owner
occupied) in Residential Areas.
(a) In order to preserve the essential character of single-family residential districts, Type
2 short-term rentals (non -owner occupied) shall be limited to no more than 15% of the
total number of residential units on a block face in single-family residential districts.
(b) Type 2 short-term rentals (non -owner occupied) may be permitted to exceed the
density limitations upon the granting of a Special Exception by the City Manager or
designee.
(c) Before granting a Special Exception under this section, the City Manager or
designee will hold a public hearing to receive input from the public on the requested
Special Exception. Written notice of the public hearing before the City Manager or
designee on the requested special exception must be sent to the owners of real
property within 200 feet of the property on which the Special Exception is requested.
The notice may be served by its deposit, properly addressed with postage paid, in the
United States mail. The applicant for the Special Exception is responsible a Special
Exception application fee of $650 to cover the costs associated with processing the
application and mailing the written notice to surrounding property owners. The
application fees must be paid before an application is accepted for review.
(d) Considerations for granting a Special Exception:
Page 7 of 11
(1) current short-term rental density in the single-family residential district;
(2) potential effect to the character of the single-family residential district;
(3) the Special Exception will not materially endanger the public health or safety;
(4) the Special Exception does not create a public nuisance; and
(5) the neighboring property will not be substantially injured.
Sec. 5-44. Inspections.
To ensure continued compliance with the requirements of this section a short-term
rental may be inspected upon complaint or suspicion of a violation. The city may
perform inspections when a violation is reported or suspected in accordance with
established code enforcement procedures.
Sec. 5-45. Enforcement/penalty.
(a) A person who violates a provision of this division, or who fails to perform an act
required of the person by this division, commits an offense. A person commits a
separate offense for each and every violation, and for each day during which a violation
is committed, permitted or continued
(b) The culpable mental state required by Texas Penal Code § 6.02, is specifically
negated and dispensed with and a violation under this division is a strict liability offense.
(c) The provisions of this article are in addition to and not in lieu of any criminal
prosecution or penalties as provided by other city ordinances, county, or state law.
(d) An offense under this division is punishable by a fine of not more than five
hundred dollars ($500).
(e) Violation of any section of this division shall constitute an offense resulting in
permit revocation in accordance with section 5-47, Revocation procedures.
Sec. 5-46. Other restrictions on use of premises.
This article does not create any right to operate a short-term rental in violation of any
city ordinance, state or federal law, lease, license, deed restriction, covenant,
easement, or other legal encumbrance.
Sec. 5-47. Revocation procedures.
Page 8of11
After notice and hearing, the director of development services is authorized to suspend
or revoke a short-term rental permit issued under the provisions of this chapter if the
permit was issued in error, or was issued on the basis of incorrect information supplied,
or where said director has determined that three or more violations of an ordinance
related to the operation of a short-term rental on the subject property occurred within
any 6-month period. In addition, if any violations have been committed and not
corrected within the time specified, the director shall begin the procedures to revoke the
short-term rental permit in accordance with the following:
(1) The director shall give written notice to the owner/operator regarding the
revocation.
(2) If a short-term rental permit is revoked, the owner/operator may not
reapply for the same property for a period of twelve (12) months.
Sec. 5-48. Appeals to City Manager or designee.
(a) If the director of development services denies issuance or renewal of a permit or
suspends or revokes a permit issued under this article, the action is final unless the
owner/operator files a written appeal within ten (10) business days to the director of
development services or designee.
(b) Appeals will be reviewed by the City Manager or designee, when so appealed to
and after a hearing, may vary the application of any provision of this article to any
particular case, when, in its opinion, the enforcement thereof would do manifest injustice
and would be contrary to the spirit and purpose of this article or public interest, or when,
in its opinion, the interpretation of the article should be modified or reversed.
(c) Before granting an Appeal under this section, the City Manager or designee will
hold a public hearing to receive input from the public on the requested Appeal. Written
notice of the public hearing before the City Manager or designee on the requested
Appeal must be sent to the owners of real property within 200 feet of the property on
which the Appeal requested. The notice may be served by its deposit, properly
addressed with postage paid, in the United States mail. The applicant for the Appeal is
responsible an appellate fee of $650 to cover the costs associated with processing the
application and mailing the written notice to surrounding property owners. The appellate
fees must be paid before an appeal is accepted for review.
Secs. 5-49-5-59. Reserved.
SECTION 4. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or
provision of this Ordinance is held invalid or unconstitutional by final judgment of a court of
competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase,
Page 9of11
word, or provision of this Ordinance, for it is the definite intent of this City Council that every
section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance be given full
force and effect for its purpose.
SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi as
required by the City Charter of the City of Corpus Christi.
SECTION 6. To the extent this amendment to the UDC represents a deviation from the
City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is
amended by this ordinance.
SECTION 7. Penalties are as provided in Section 1-6 of the Corpus Christi Code. A violation of
this SECTION 2 of this ordinance constitutes an offense punishable as provided in Article 1,
Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code
of Ordinances.
SECTION 8. This Ordinance shall become effective July 11th, 2022.
SECTION 9. Upon the written request of the Mayor or majority of the members of the Council,
copy attached, the City Council: (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs; and (2)
suspends the City Charter rule that requires consideration of and voting upon ordinances at two
regular meetings so that this or finance is pasted and takes effect upon first reading as an
emergency measure on this the ay of \JuAS.. , 2022.
ATTEST:
?u>1.1) cxeA,174,,,i) 4,1y—
Rebecca Huerta Paulette Guajardo
City Secretary Mayor
OF CORPUS CHRISTI
JICA11 day of "TUN,
Corpus Christi, Texas
PASSED AND APPROVED on this the
, 2022
day of , 2022.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency
exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at
two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this
ordinance finally on the date it is introduced or at the present meeting of the City Council.
Respectfully, Respectfully,
Page 10 of 11
Council Members
aulette Guajardo
Mayor
The above ordinance was passed by the following vote:
Paulette Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
i 1
efflictiveom
John Martinez p
Ben Molina
Mike Pusley
Greg Smith
Page 11 of 11
•
• Caller Times
PART OF THE USA TODAY NETWORK
Certificate of
Publication
NOTICE OF PUBLIC
HEARING TO CONSIDER
CITY OF CORPUS CHRIS TI -SECRETARY AMENDMENTS TO THE
CORPUS CHRISTI,TEXAS
PO BOX 9277 UNIFIED DEVELOP-
MENT CODE
NOTICE IS HEREBY GIV-
CORPUS CHRISTI,TX 78401 EN that The Corpus Christi
City Council will conduct a
public hearing on Tuesday,
June 28, 2022, during a reg-
ular Council meeting,
STATE OF WISCONSIN) which begins at 11:30 AM
in the Council Chambers,
)) City Hall, 1201 Leopard
COUNTY OF BROWN) Street, to consider amend-
ments to the Unified Devel-
opment Code that would al-
1,being first duly sworn, upon oath depose and say that I low short-term rentals in
am a legal clerk and employee of thepublisher, namely,the single-family residential
9 districts except for districts
Corpus Christi Caller-Times, a daily newspaper published within the Padre/Mustang
at Corpus Christi in said Cityand State, generallycirculated Island Area Development
p Plan; and providing related
in Aransas, Bee, Brooks, Duval,Jim Hogg,Jim Wells, regulations.
Kleberg, Live Oak, Nueces, Refu lo, and San Patricio, All interested parties may
g appear and be heard at the
Counties,and that the publication of which the annexed is a public hearing. More infor-
true copy,was inserted in the Corpus Christi Caller-Times motion may be obtained by
P contacting the Planning De-
in the following issue(s)dated: partment at (361) 826-1614
or planning@cctexas.com.
/s/Rebecca Huerta
City Secretary
06/12/2022
On this June 12,2022, I certify that the attached document
is a true and exact copy made by the publisher:
� PI/
Legal Notice Clerk /
� I r
_AO 4 1111�
otaiir ic, State . 1 consin, •.unty of Brown
Notary Expires
SARAH BERTELSEN
Notary Public
Publication Cost: $189.90
Ad No:0005295261 State Of Wisconsin ��
Customer No: 1490432
PO#: PH CONSIDER AMENDMENTS
#of Affidavits5
'
This is not an invoice s6 ' n�ZZd IN3N381130b8&IV 513V811403
Caller Times
• PART OF THE USA TODAY NETWORK
Certificate of
Publication
NOTICE OF PASSAGE OF
ORDINANCE(5)
CITY OF CORPUS CHRIS TI -SECRETARY NO. 032801, Ordinance
amending the Unified De-
PO BOX 9277 velopment Code to allow
short-term rentals in single
family residential districts
CORPUS CHRISTI,TX 78401 except for single family
residential districts within
the Padre/Mustang Island
Area Development Plan;
and amending Chapter 5 of
STATE OF WISCONSIN) the Corpus Christi Code to
)) increase the permitting fee
for short-term rentals, es-
COUNTY OF BROWN) tablishing a fee for special
exceptions and appeals,
and establishing additional
I, being first duly sworn, upon oath depose and say that I regulations for short-term
am a legal clerk and employee of the publisher, namely, the rentals including density
regulations for non-owner
Corpus Christi Caller-Times, a daily newspaper published occupied short-term rentals
at Corpus Christi in said City and State, generally circulated within single family resi-
dential districts; and pro-
in Aransas, Bee, Brooks, Duval,Jim Hogg,Jim Wells, viding for penalty. Effec- r..
Kleberg, Live Oak, Nueces, Refugio, and San Patricio, tive date of July 11, 2022. N -x-t
This ordinance was passed
Counties,and that the publication of which the annexed is a and approved on first (—
true copy, was inserted in the Corpus Christi Caller-Times reading by the Corpus --1
Christi City Council on j— Gn
in the following issue(s)dated: June 28,2022. ,_
Is/Rebecca Huerta
City Secretary IV C�7
Z7
07/03/2022 c
cri
On this July 3, 2022, I certify that the attached document is a C rn
true and exact copy made by the publisher:
Legal Notice Clerk
Notbf , State of Wisconsin, County of Brown
Notary Expires
,.
SARAH BERTELSEN
Notary Public
a State of Wisconsin
Publication Cost:$165.05 ;.r,. .�.���.�..�� •--�
Ad No: 0005322334
Customer No: 1490432
PO#: NO.032801
#of Affidavits1
This is not an invoice