The purpose of this article is to establish regulations for the use of privately-owned dwellings as short-term rentals, to minimize negative ancillary impact on surrounding properties, and to ensure the collection and payment of hotel occupancy tax.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

As used in this article, the following terms shall have the following meanings:

City. The City of Castle Hills, Texas.

Guest. 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 article while advertising and/ or operating a short-term rental.

Owner. The person or entity that holds legal title to the short-term rental property.

Short-term rental. A privately owned dwelling, including but not limited to, a single-family dwelling, multiple family attached dwelling, apartment house, hostel, condominium, duplex, or any portion of such dwellings, rented by the public for consideration, and used for dwelling, lodging or sleeping purposes for any period less than 30 consecutive days, but shall not include habitable accessory buildings as per section 50-61(a).

The following are exempt from the regulations under this article: hotel, motel, public or private club, hospital and medical clinic, nursing home or convalescent home, 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 an entire undivided short-term rental, which is advertised to be occupied, is occupied, or is intended to be occupied by a single party of guests under a single reservation and/or single rental payment.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

It shall be unlawful for any person or entity to rent, or offer to rent, any short-term rental without a valid short-term rental permit issued under this article.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

Prior to renting real property as a short-term rental an applicant shall submit an application for a short-term rental permit using a format and method promulgated by the city manager or his/her designee. 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 24-hour telephone number of the local contact person.

(3)

The name and address of the short-term rental.

(4)

The proposed occupancy limits of the short-term rental.

(5)

A diagram showing the proposed layout of the property use and any on-site parking available for the short-term rental which includes a diagram with metes and bounds.

(6)

Owner must submit a deed of the property.

(7)

A general description of any food service to be offered to guests of the short-term rental.

(b)

An applicant for a short-term rental permit shall pay to the city a permit fee.

(c)

A separate short-term rental permit application and permit fee must be submitted 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.

(d)

Prior to issuance of a short-term rental permit, the operator shall allow an on-site inspection of the short-term rental unit by a city code enforcement officer, to ensure compliance with the following:

(1)

The requirements set forth in section 50-520(a) of this article; and

(2)

The requirements set forth in sections 50-520(b)(1) through 50-520(c)(3) of this article.

(e)

A short-term rental permit issued under this article 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.

(f)

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 under this article.

(g)

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.

(h)

The total number of short- term rental properties in the A Single-Family District and in the B Duplex District is limited to no more than one-twelfth of the total number of single-family and duplex units on a single street. An application for a short-term rental permit will be denied if granting the permit would violate this provision.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020; Ord. No. 2021-06-08, § 1, 6-8-2021)

(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 on-site parking spaces available for guests;

(5)

The occupancy limits;

(6)

Instructions to guests concerning disposal of garbage and handling of garbage containers;

(7)

Notification that the guests are responsible for compliance with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term rental, and that guests may be fined by the city for violations of this article; and

(8)

Notification that all functions such as weddings, parties or other gatherings are prohibited at the short-term rental, excepting short-term rentals located in the G or H zoning districts.

(b)

The operator shall operate a short-term rental in compliance with the following:

(1)

Zoning regulations prescribed for the zoning district in which such short-term rental is located, set forth in Chapter 50 of the Code of Ordinances.

(2)

Castle Hills Sign Ordinance, as applicable, set forth in Chapter 34 of the Code of Ordinances.

(3)

Maximum occupancy limits prescribed by the building inspector pursuant to the International Property Maintenance Code, 2021, Section 404, Occupancy Limitations for bedroom square footage per occupant.

(4)

Castle Hills Hotel Occupancy Tax Ordinance, any Castle Hills Hotel Occupancy Tax Ordinance on or after adoption of the ordinance from which this chapter derives.

(5)

Swimming pool barrier requirements prescribed by the Building Inspector pursuant to the International Swimming Pool and Spa Code, 2021.

(6)

Street parking prohibited as set forth in Chapter 44 of the Code of Ordinances.

(7)

Chapter 26, Nuisances of the City of Castle Hills Code of Ordinances.

(8)

Castle Hills Garbage Collection Ordinance, set forth in Chapter 20 of this Code of Ordinances.

(9)

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 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.

(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. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020; Ord. No. 2023-06-26, § 9, 6-26-2023)

Complaints related to the operation of a short-term rental, including but not limited to complaints concerning noise, garbage, parking, and disorderly conduct by guests, shall be reported to the city code enforcement office shall be reported to the city's code enforcement office during business hours or to the police department after business hours.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

The owner, operator, local contact person, and guests shall comply with all applicable laws, rules and regulations pertaining to the operation, use, and occupancy of a short-term rental. The owner shall not be relieved from any civil or criminal liability for a violation of this article, regardless of whether such violation is committed by the owner, operator, local contact person, or guest of the owner's short-term rental.

Nothing in this article shall be construed to relieve any person or owner of any other applicable requirements of federal, state, or local law, rules, or regulations. Nothing in this article shall be construed to provide any property owner with the right or privilege to violate any private conditions, covenants, and restrictions applicable to the owner's property that may prohibit the use of such owner's property as a short-term rental as defined in this article.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

(a)

It shall be unlawful for any person or entity to violate any provision of this article. Proof that a violation of this article occurred at a short-term rental shall create a rebuttable presumption that the owner of said short term rental committed the violation.

(b)

Any violation of this article is a Class C misdemeanor offense, and upon conviction, shall be punished by a fine as set forth in section 1-17 of this Code of Ordinances.

(c)

Prosecution under this article shall not require the pleading or proving of any culpable mental state.

(d)

Penalties provided for in this article are in addition to any other criminal or civil remedies that the city may pursue under federal, state, or local law.

(Ord. No. 2020-07-14-B, § 1(Exh. A), 7-14-2020)

Upon conviction for a violation of this article, the municipal court judge may suspend or revoke any short-term rental permit issued for the same short-term rental where the violation occurred. the city manager shall notify an owner of a suspension or revocation under this section in writing, sent by certified mail, return receipt requested, and mailed to the address of the owner as set forth on the most recent short-term rental permit application submitted to the city.