Smithville City Zoning Code
PART 4
STANDARDS FOR PARTICULAR USES
§ 4.1 Manufactured Homes.
4.1.1
This article outlines the requirements for licensing and operating a Manufactured Home Park, provides for an exception to these rules for individual manufactured homes outside of MH Parks before the passage [of] this ordinance. For further regulation of manufactured homes see the zoning categories Planned Development (PD), MH District and Manufactured Home Subdivision (MHS).
4.1.2
Licensing.
A.
A Manufactured Home Park zoning on a piece of property does not automatically give permission to operate a MH Park. Operation of MH Park without a license issued by the City under this Section 4.1 is prohibited.
B.
An applicant seeking a license under this Section 4.1 shall provide a detailed scaled drawing of lots, lot sizes, private streets, and utility easements and other improvements as may be desired by the owner of the manufactured home park. If a drawing meeting the requirements of this subsection was submitted as part of the zoning process, no additional drawing is necessary.
C.
Provided the drawing is satisfactory, the license will be issued after the payment is received.
D.
The license will be renewed each year on the anniversary of the date the license was rewarded.
E.
If ownership changes of the manufactured home park during a license period, an additional fee must be paid to transfer the license.
F.
The license will be displayed in the designated office of the manufactured home park owner.
4.1.3
Operations and Maintenance.
A.
Registration Information.
1.
Licensee will keep up-to-date and have available for inspection at the manufactured home park a register of manufactured home park occupancy that will have the following information:
2.
A new register will be initiated on January 1 of each year and the old register retired but retained on the manufactured home park office premises for a minimum of three years.
B.
Tax Information.
Licensee will provide a list of all mobile homes in the park as of January 1 of each year. The information will be provided without demand by January 15 of each calendar year. The register of manufactured home park occupancy may be used to supply this information.
C.
General Cleanliness.
The owner of the manufactured home park is responsible for the general cleanliness of his property. Grass must be cut by the owner in common areas and caused to be cut by his tenants. Accumulations of rubbish in or around individual manufactured homes or in common areas shall be removed by the owner or cause the same to be done by his tenants.
D.
Fire Precautions.
No open fires will be permitted in manufactured home parks except in outdoor cooking containers designed to be used as outdoor cookers. The owner of the manufactured home park shall inspect periodically to ensure that the skirting required is intact and functioning so as to prevent the accumulation of flammable material.
4.1.4
Placement of manufactured homes outside areas zoned as Planned Development Districts, Manufactured Home Parks, and Manufactured Home Subdivisions.
A.
If on the date of adoption of this Zoning Ordinance there exists a HUD Code Manufactured Home on any lot or in any zoning district of the city, it may be replaced with a HUD Code Manufactured Home provided that (1) the new home can be placed on the lot so as to meet the area and setback requirements for that zoning district; (2) the new home is newer than the manufactured home that it is replacing; and (3) the new home is at least as large as the manufactured home that it is replacing. A time limit of six (6) months shall not lapse from the time the Manufactured Home is moved off a lot and another new HUD Manufactured Home is moved onto the lot. If six (6) months elapse, the Manufactured Home shall not be allowed to be placed on the lot.
B.
Any home brought into the city under these conditions must be permanently tied to piers or runners and must be skirted with fire resistant material. The skirting will have the appropriate number of vents and accesses.
C.
A fee set by resolution and approved by City Council will be charged for each home brought into the area under this provision Additionally, the owner or their contractor must obtain a building permit, electrical permit and a plumbing permit.
(Ordinance 2018-555 adopted 10/16/18; Ordinance 2020-594 adopted 9/14/20)
§ 4.2 Garage Apartments.
4.2.1
A garage apartment shall share at least one (1) common wall with or be located above a private garage of a single-family residential dwelling.
4.2.2
A garage apartment may only be used as a dwelling unit for one (1) family.
4.2.3
Where garage apartments are permitted, the rental, lease, or receipt of compensation for the use of a garage apartment is allowed.
4.2.4
Where garage apartments are permitted, the use of a garage apartment as a permanent residence is allowed.
4.2.5
Installation of a separate gas or electrical meter in a garage apartment is not prohibited.
4.2.6
One additional off-street parking space shall be required when a property has a garage apartment.
4.2.7
All property development regulations applicable to the principal residence shall be applicable to the garage apartment, including, but not limited to, setbacks, yards and height limitations.
(Ordinance 2018-555 adopted 10/16/18)
§ 4.3 Guest House/Studio.
4.3.1
Where permitted, a guest house shall be located within a detached accessory building of a residential lot.
4.3.2
Rental, lease, or receipt of any compensation for the use of a guest house is prohibited.
4.3.3
Use of the guest house as a permanent residence is prohibited.
4.3.4
Installation of a separate gas or electrical meter for the guest house is prohibited.
4.3.5
A guest house may include one bathroom and a kitchen.
4.3.6
One additional off-street parking space shall be required when a property has a guest house.
4.3.7
All property development regulations applicable to the principal residence shall be applicable to the guest house, including, but not limited to, setbacks, yards and height limitations.
(Ordinance 2018-555 adopted 10/16/18)
§ 4.4 Lodging Facilities.
4.4.1
Health and Safety Requirements for Boarding House facilities, Bed and Breakfast facilities, Country Inns, Hotels and Motels: All boarding houses, bed and breakfasts, country inns, hotels and motels:
A.
Must have a working smoke detector in each sleeping room.
B.
Must have a fire evacuation plan posted within the sleeping room.
C.
If sleeping rooms are located above a first floor, must have an escape route provided by a fire escape or window rope ladder or similar device from the second or higher stories.
D.
Must provide a fire extinguisher on each floor of the dwelling that has sleeping rooms.
E.
Must have an approved parking plan to show how parking will not block the public right-of-way or interfere with parking in the neighborhood. Off street parking is preferred.
F.
The structure must conform to city building code for single family residential structures for electrical and fire requirements.
G.
Provisions must be made for safe food preparation and handling.
(Ordinance 2018-555 adopted 10/16/18)
§ 4.5 Recreational Vehicle (RV) Parks.
4.5.1
License.
A.
Required.
It shall be unlawful for any person to operate any RV Park within the City limits unless such person holds a valid license issued annually by the City of Smithville in the name of such person for the specific park. The applicant shall make all applications for the licenses on forms furnished by the City of Smithville, which shall issue a license upon compliance with the provisions of this article.
B.
Application Fee.
The license fee shall be set by resolution of the City Council and is on file with the office of the City secretary.
C.
Hearing on Denial.
Any person whose application for a license under this article has been denied may request, and shall be granted, a hearing on this matter before the Planning and Zoning Commission with recommendation forwarded to City Council for approval or disapproval.
D.
Application for Renewal.
Application for renewal of an RV Park license shall be made in writing by the licensee on forms furnished by the City of Smithville on or before December 31st of each year. Such application shall contain any changes in the information occurring after the original license was issued or the latest renewal granted. The renewal license fee shall be set by resolution of the City Council and is on file with the office of the City secretary.
E.
Approval of Transfer.
Every person holding a license shall give notice in writing to the City of Smithville within ten (10) days after having sold, transferred, given away, or otherwise disposed of interest in or control of any RV Park. Application for transfer of a license shall be made within ten (10) calendar days after notification of change covered in this subsection. Within thirty (30) calendar days thereafter, the City of Smithville shall act on the application for license transfer and it shall be approved if the RV Park is in compliance with the provisions of this section.
F.
Transfer Fee.
The license transfer fee shall be set by resolution of the City Council and is on file with the office of the City secretary.
G.
Suspension.
1.
Whenever, upon inspection of any RV Park, the City finds that conditions or practices exist which are in violation of any provisions of this article applicable to such park, the City shall give notice in writing to the owner and/or manager of the park, and if such conditions or practices have not been corrected in the time frame set forth in the notice, the City will suspend the license and give notice of such suspension. Upon suspension of the license, the licensee shall cease operation of such park.
2.
The suspension of the license may be appealed to the City Council as set forth in subsection (b) of section 3.2 [sic].
H.
Inspections.
1.
Authorized.
The building official and code official are hereby authorized to make such inspections as are necessary to determine compliance with this article.
2.
Entry on Premises.
The building official and code official shall have the power to enter at reasonable times upon any private or public property within the purpose of inspecting and investigating conditions relating to the enforcement of this article.
I.
Notices, Hearings and Orders.
1.
Notice of Violation.
Whenever it is determined that there are grounds to believe that there has been a violation of any provision of this article, the City of Smithville shall give notice of such alleged violation to the licensee or agent, as hereinafter provided. Such notice shall:
a.
Be in writing.
b.
Include a statement of the reasons for its issuance.
c.
Allow ten (10) days for compliance.
d.
Be served upon the license or his agent; provided that such notice or order shall be deemed to have been properly served upon such licensee or agent when a copy thereof has been served in person or sent by e.certified mail to his/her last known address.
e.
Contain an outline of remedial action that, if taken, will affect compliance with the provisions of this article.
f.
After all procedures outlined above are exhausted citations may be issued. If a municipality mails a notice to a property owner in accordance with Section 3.2(a) [sic] and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered as delivered.
2.
(b)
Appeal from Notice.
Any person affected by any notice that has been issued in connection with the enforcement of any provision of this article applicable to such park may request a hearing before the City Council provided that such person shall file within ten (10) days after the day the notice was served, in the City secretary’s office, with a copy to the office of the code official, a written petition requesting such hearing and setting forth a brief statement of the grounds thereof. The filing request for a hearing shall operate as a stay of the notice and of the suspension, except in the case of an order issued under subsection (d) of this section.
3.
(c)
Issuance of Order.
After such hearing, the City Council shall issue an order in writing sustaining, modifying, or withdrawing the notice of violation, which order shall be served by certified mail upon the petitioner. Any failure to comply with an order sustaining or modifying the finding of a violation shall constitute grounds for immediate revocation of the license of the park affected by the order.
4.
(d)
Order without Notice.
Whenever the City finds that an emergency exists which requires immediate action to protect the public health or safety, the designated official may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring the action to be taken as deemed necessary to meet the emergency. Notwithstanding any other provisions of this section, such order shall be effective immediately, but upon written petition to the City shall be afforded a hearing as soon as possible. The provisions of subsection (c) of this section shall be applicable to such hearing and the order issued thereafter.
J.
Violations Declared Nuisance; Abatement; Penalty.
1.
Any noncompliance with this article is hereby deemed a nuisance.
2.
The City may abate and remove the nuisance and punish the person(s) responsible for causing or allowing the nuisance condition to exist.
3.
Any person(s) violating this article shall be subject to a fine as set forth in the City Code of Ordinance Chapter One, General Provisions, Article 1.100 Code of Ordinances, Section 1.109 - General Penalty for Violations of Code and Continuing Violations [section 1.01.009].
4.
The code official shall be the authority of the jurisdiction responsible for the issuance of citations and any action deemed necessary for the enforcement of this ordinance.
4.5.2
Site Development Plan.
A.
Site Development Plan Submittal.
1.
A site development plan must be prepared and submitted to City staff and the Planning and Zoning Commission for approval. The site development plan must include the requirements for site plans contained herein.
2.
The Planning and Zoning Commission shall have the power and it shall be its duty to recommend for adoption the RV Park site development plan to the City Council as a whole or in parts, for the future development and redevelopment of the municipality in accordance with Chapter 283, Acts of the Regular Session of the Legislature, 1927, (Arts. 1011a to 1011j, V. T. C. S.). The commission shall perform such other duties as may be prescribed by ordinance or state law.
3.
A nonrefundable fee will be required with submittal of the site development plan. The fee shall be set by resolution of the City Council and is on file with the office of the City secretary. The fee covers the administrative cost for design review, notification of residents within 200 feet of the proposed RV Park, and for providing advertising/legal notice to the public. The fee will also cover any zone change requests required as part of site development. Note: The Planning and Zoning Commission serves in an advisory capacity to the City Council. Approval or denial of the RV Park site development plan rests solely with the City Council.
B.
Location and Fencing.
1.
RV Parks may only be located in an area regulated by section 4.2 [sic] of this article.
2.
In addition, RV Parks shall be located at least twenty (20) feet from any single-family residential (SF1), two-family residential (SF2), or multifamily (MF) zoning district. This requirement does not apply to SF1, SF2, or MF areas within the 100-year floodplain. Recreational vehicles cannot be placed closer than twenty (20) feet to the property line separating the RV Park from adjoining property, measured from the nearest point of the recreational vehicle.
3.
An opaque fence at least eight (8) feet in height must be placed on the property line to buffer the RV Park from view. The fence shall be installed on both sides and at the rear of the property. The fence must be made of treated lumber, ornamental metal, brick, stone, and/or combination thereof. Fences shall be maintained in good condition or deemed a public nuisance.
D.
Size of Individual Sites; Pad Requirements; Landscaping.
1.
Each recreational vehicle site within the RV Park shall have a minimum area of one thousand nine hundred fifty (1,950) square feet and shall be at least thirty (30) feet wide and sixty-five (65) feet in depth. The interior pad sites shall be designed as pull-through for ease of entering and leaving the site. The exterior pad sites can be designed as back-in spaces. A roadway is therefore required to the front and rear for the pull-through spaces. In addition, the space shall be clearly marked identifying the space number.
2.
The left 1/3 (10 x 65) of the site or driver’s side must be planted with grass and other landscaping; the middle (10 x 65) must be paved with cement or asphalt and the remaining 1/3 or passenger side can be paved with either cement, asphalt, crushed rock or similar material. The middle portion is to be used for the parking of the recreational vehicle with the paved area on the right used as a parking or patio area.
E.
Street Access; Street Lighting.
1.
Each recreational vehicle site within the RV Park shall have access to an internal private roadway, which shall have access to a public street. The entrance of the internal roadway shall have a pavement width of at least thirty (30) feet with an adequate curb radius. The major thoroughfare shall have a pavement width (concrete or asphalt) of twenty-four (24) feet in accordance with City standards. The roadway may be fifteen (15) feet if the RV Park is designed for one-way roads. Each emergency access lane shall have a clear unobstructed width of twenty-four (24) feet; fifteen (15) feet if one-way and shall have a turning area and radii with a minimum of sixty (60) feet to permit free movement of emergency vehicles. Dead-end streets are not allowed.
2.
Metal signs shall be placed along the emergency access lane, by the owner or agent of the RV Park stating that parking is prohibited. The sign type, size, height and location shall be approved by the City.
3.
Adequate street lighting for the RV Park shall be approved by the City.
F.
Required Facilities.
1.
Each RV Park must have an office for the manager of the RV Park, and a bathroom and shower facilities, as well as laundry facilities. All facilities used by residents must be well lit inside and out during the night hours. All facilities must meet applicable codes adopted by the City to include compliance with the Americans with Disability Act (ADA).
2.
All RV Parks shall have at least one (1) recreation area, located as to be free of traffic hazards, easily accessible to all park residents and centrally located where topography permits. Not less than eight (8) percent of the gross park area shall be devoted to recreational facilities. Recreation areas include space for community buildings and community use facilities such as restroom and shower facilities, adult recreation (basketball court or tennis court) and playgrounds for children, and swimming pools, but not including vehicle parking, maintenance and utility areas.
G.
Soil and Ground Cover.
Exposed ground surfaces in all parts of the RV Parks shall be paved, covered with stone, rock, or other similar solid material, or protected with vegetative cover that is capable of preventing soil erosion and eliminating dust. All pavement shall be kept in good repair.
4.5.3
Drainage.
The ground surface in all parts of the RV Park shall be graded and designed to drain all storm water, surface water in a safe, efficient manner. Drainage analysis shall be performed by a licensed professional engineer and easements for the conveyance of surface water off-site shall be obtained, if necessary.
4.5.4
Water Supply.
A.
Each site within an RV Park shall be provided with a connection to the City water supply if available. If City water supply is not available, then a permit from the Texas Commission on Environmental Quality (TCEQ) shall be obtained to install a well.
B.
The City must approve all proposed water facility plans prior to construction.
C.
The water distribution system shall be installed as follows:
1.
The water supply system, fixtures and other equipment must be installed in accordance with applicable codes adopted by the City.
2.
A master water meter shall be installed to serve the RV Park. Sub-metering or re-metering of RV sites is not permitted.
3.
A reduced pressure principal backflow preventer will be required to be placed at the property line on the discharge side of the master meter. In addition, one (1) must be placed at each of the connections for each RV site and located on the left side of the site.
4.
Water riser service branch lines shall extend at least four (4) inches above ground elevation. The branch line shall be at least 3/4 inch.
5.
Adequate provisions shall be made to prevent freezing of service lines, valves and riser pipes. Surface drainage shall be diverted from the location of utility connections at each site.
6.
A shut off valve below the frost line shall be provided near each water riser pipe.
7.
The owner/operator shall have complete maintenance responsibility for the water system within the RV Park.
8.
The City has no maintenance responsibility for service lines within the RV Park. The responsibility of the City stops at the property line.
4.5.5
Wastewater Facilities.
A.
Each site within the RV Park shall be provided with a connection for wastewater if available.
B.
If City wastewater is not available, then a permit from the Texas Commission on Environmental Quality (TCEQ) shall be obtained prior to placement of an on-site sewage facility.
C.
All proposed wastewater service lines shall be connected to the City wastewater system if available.
D.
On-site sewage facilities are permitted if City utilities are not available.
E.
The City must approve all proposed wastewater facility plans prior to construction.
F.
The wastewater distribution system shall be installed as follows:
1.
The wastewater system and materials must be installed in accordance with applicable codes adopted by the City.
2.
Each site shall be provided with a four-inch diameter wastewater riser and shall extend above grade four (4) to six (6) inches. The wastewater riser pipe shall be so located on each stand so that the wastewater connection to the RV drain outlet will approximate a vertical position. Each inlet shall be provided with a gastight seal when connected to a recreational vehicle or have a gastight seal plug when not in service. The plug shall be that of a spring-loaded device.
3.
The wastewater connection to each site shall consist of a single four-inch service line without any branch lines, fittings, or connections. All joints shall be water tight.
4.
Surface drainage shall be diverted away from the riser. The rim of the riser pipe shall extend at least four (4) to six (6) inches above the ground elevation.
5.
Each collection wastewater line shall provide a vent extending a minimum of ten (10) feet in height.
6.
The owner/operator shall have complete maintenance responsibility for the wastewater system within the RV Park. The responsibility of the City stops at the property line.
7.
Each RV Park shall be required to install at the property line, where connection to the City sewer is made, a sample well site as defined herein. The sample well site shall be installed according to City code.
8.
All chemicals entering the City sewer shall be biodegradable.
4.5.6
Electrical Service.
A.
Each site within the RV Park shall be provided with electrical service.
B.
All electrical service shall be underground and installed in accordance with the National Electrical Code.
C.
The electrical service shall be installed as follows:
1.
A master electric meter shall be installed to serve the RV Park. Sub-metering or re-metering of RV sites is not permitted.
2.
The City has no maintenance responsibility for service lines within the RV Park. The responsibility of the City stops at the property line.
3.
The location of all underground lines shall be clearly marked by surface signs at approved intervals.
4.
Power supply to each site shall be a minimum of one 20-amp and one 50-amp power supply.
5.
Outlets (receptacles or pressure connectors) shall be housed in an Underwriters’ Laboratories, Inc., approved weather proof outlet box.
6.
A water tight seal shall be provided for underground conduit in floodplain installations and a riser extending a minimum of two (2) feet above the floodplain elevation shall be provided.
4.5.7
Sanitary Facilities.
A.
Each RV Park shall provide the following sanitary facilities as listed below:
1.
One (1) toilet or stool for the female sex for every twenty (20) sites or fraction thereof (minimum of one (1) is required) for the first one hundred and twenty (120) sites, and one (1) per forty (40) sites thereafter.
2.
One (1) toilet or stool and one (1) urinal stall for the male sex for every twenty (20) sites or fraction thereof (minimum of one (1) is required) for the first one hundred and twenty (120) sites, and one (1) per forty (40) sites thereafter.
3.
One (1) washbasin shall be provided within the toilet room for every two (2) toilets or fraction thereof (a minimum of one (1) is required).
4.
One (1) shower shall be provided for each sex for each twenty (20) sites or fraction thereof (minimum of one (1) is required for each sex) for the first one hundred and twenty (120) sites, and one (1) per forty (40) sites thereafter.
5.
All toilets and shower facilities shall be placed in properly constructed buildings and located not more than two hundred (200) feet from any recreational vehicle site.
6.
Buildings shall be well lit at all times, day or night, well ventilated with screened openings, and constructed of moisture proof material to permit rapid and satisfactory cleaning, scouring and washing.
7.
The floors shall be of concrete or other impervious material, elevated not less than four (4) inches above grade, and each room shall be provided with floor drains.
8.
A slop sink or basin with water supply shall be in each restroom (male and female) and at least one (1) in the laundry facility, and shall be constructed in accordance with design, size and materials approved by the building official.
B.
Toilet and bathing facilities shall be in separate rooms or partitioned apart in any manner as to provide privacy and promote cleanliness. Each toilet provided in a community toilet house shall be partitioned apart from any other toilet in the same room. The floor surface around the commode shall not drain into the shower floor.
C.
Toilet floors and walls shall be of impervious material, painted white or a light color, and kept clean at all times. Shower stalls shall be of tile, plaster, cement or some other impervious material and shall be kept clean at all times. If a shower stall is of some impervious material other than tile, cement or plaster, it shall be white or some light color and kept clean at all times. The floor of any bathroom, other than the shower stall, shall be of some impervious material, and the walls of the bathroom, other than the shower stall, shall be papered with canvas and wallpaper, or an equivalent washable surface kept clean at all times.
4.5.8
Storage, Collection and Disposal of Refuse and Garbage.
Each RV Park shall be provided with safe and adequate facilities for the collection and removal of waste and garbage. Storage, collection, and handling shall be conducted so as to create no health hazards, rodent harborage, insect breeding areas, or fire hazards. Every site shall be located within two hundred (200) feet of a refuse facility measured along the RV Park internal roadway. Trash dumpsters shall be screened on three (3) sides.
4.5.9
Telephone.
A minimum of one (1) emergency telephone shall be provided in an easily accessible location twenty-four (24) hours a day, seven (7) days a week for emergency use.
4.5.10
Accessory Structures.
The individual sites within the RV Park are not allowed to have accessory structures as defined herein.
4.5.11
Registration of Guests.
Each person renting a site within a RV Park shall provide the following information to the owner, manager, operator or person in charge of the RV Park:
4.5.12
Control of Insects, Rodents and Other Pests.
A.
Grounds, buildings and structures in the RV Park shall be maintained free of the accumulation of high grass and weeds and debris so as to prevent rodent and snake harborage or the breeding of flies, mosquitoes or other pests.
B.
The RV Park owner or manager shall be responsible for maintaining the entire area of the park free of dry brush, leaves, limbs and weeds.
4.5.14
Change of Ownership of Grandfathered RV Park.
Upon change of controlling interest of a grandfathered RV Park the new owner shall immediately bring the existing RV Park to meet the requirements of this ordinance.
4.5.15
Existing Manufactured Mobile Home Parks.
Existing manufactured mobile home parks that have spaces for recreational vehicles prior to the adoption of this ordinance shall be permitted to occupy the space with a recreational vehicle. However, in no instance shall a new manufactured mobile home park (located within the City limits of Smithville) be allowed recreational vehicles or spaces for recreational vehicles. Similarly, no manufactured mobile home shall be permitted in a recreational vehicle park.
(1987 Code of Ordinances, Chapter 11, Section 2; Ordinance 2018-555 adopted 10/16/18)
§ 4.6 Animal Services.
(Ordinance 2018-555 adopted 10/16/18)
§ 4.7 Short-Term Rentals.
4.7.1
General Provisions.
A.
Title.
This section of the Code of Ordinances, City of Smithville, Texas is designated and may be referred to as the "Short-Term Rental Ordinance."
B.
Purpose.
The purpose of this section is to safeguard the life, health, safety and welfare of the general public and to ensure all short-term rental properties are properly permitted and pay the required hotel occupancy tax.
C.
Applicability.
The provisions of this section apply to all existing and future properties zoned for residential use, both primary and accessory structures, and any portions thereof where allowed.
4.7.2 Advertise Bedroom Hosting Platform Occupant Owner Premises Short-term rental (STR)
Definitions.
In this section, the following terms have that meaning ascribed to them below:
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 using any medium including but not limited to, newspaper, magazine, brochure, website, mobile application, or social media applications or websites.
The living area(s) of the dwelling unit that is designed and furnished for sleeping and which has proper egress as required by the International Residential Code.
A person or entity that participates in the short-term rental business by providing services through which an owner may offer a short-term rental to an occupant, including but not limited to providing an online platform that allows an owner to advertise the premises through a website and by which 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.
Any individual person, other than an owner, occupying a short-term rental, or any portion thereof. A person is not required to be paying rent, providing in-kind services, or named in any lease, contract, or other legal document to be considered an occupant.
Any person, agent, operator, firm, trust, corporation, partnership, or any other legal entity who has a legal or equitable interest in the property; or who is recorded in the official records of the county as holding title to the property; or who otherwise has control of the property, including the guardian of the estate of any such person, and the executor of the estate of such person if ordered to take possession of real property by a court.
means property, a lot, plot or parcel of land, including any structures or portions of structures thereon.
means the rental for compensation of a dwelling or portion thereof for the purpose of overnight lodging for a period of not less than one night and not more than twenty-nine (29) consecutive days other than ongoing month-to-month tenancy granted to the same renter for the same unit as their primary residence; provided that the term does not include hotel, motel, boarding house, bed and breakfast, or country inn uses.
4.7.3
General Regulations.
A.
Unpermitted Short-term Rentals Prohibited.
It shall be unlawful for any owner to rent, lease, advertise, or otherwise permit or allow any residential premises to be operated or used as a short-term rental unless such owner has a valid, active short-term rental permit issued under this section.
It shall be an affirmative defense to a violation of this section that the occupant is a party to the sale of the premises and was occupying the premises pursuant to a written post-closing occupancy agreement.
B.
Requirements for Hosting Platforms.
1.
All hosting platforms shall provide the following information to any owner listing a short-term rental located within the City of Smithville through the hosting platform's service prior to the owner listing the premises:
THE CITY OF SMITHVILLE, TEXAS SHORT-TERM RENTAL ORDINANCE PROHIBITS THE SHORT-TERM RENTAL OF RESIDENTIAL PREMISES WITHIN THE CITY OF SMITHVILLE WITHOUT AN ACTIVE SHORT-TERM RENTAL PERMIT.
2.
Notwithstanding any other provision of this section, nothing shall relieve any owner, person, occupant, or hosting platform of the obligations imposed by the applicable provisions of state law and the Code of Ordinances of the City of Smithville, Texas, including but not limited to, those obligations related to hotel occupancy taxes imposed by Article 11.04. For the purposes of hotel occupancy taxes under Article 11.04, and for no other purpose, a short-term rental is a hotel. Further, nothing in this section shall be construed to limit any remedies available under the applicable provisions of state law and the Code of Ordinances of the City of Smithville, Texas.
C.
Short-term Rental Permit Required.
An owner who desires to use its premises as a short-term rental must have a valid, active short-term rental permit from the city prior to using, allowing the use of, or advertising the use of said premises as a short-term rental. The city manager may place reasonable conditions on a short-term rental permit to ensure compliance with the provisions of this Section.
D.
Expiration of Permit; Renewals.
A short-term rental permit shall expire on the last day of the month one year after the date of issuance. No short-term rental permit may be renewed without a completed renewal application submitted by the owner and payment of the renewal fee. The city manager may place reasonable conditions on a short-term rental renewal permit to ensure compliance with the provisions of this section.
E.
Permit Application Requirements.
1.
Except as provided in this section, every application for a short-term rental permit must include the following information with such detail and in a form approved by the city manager:
a.
The name, address, contact information and authenticated signature for the owner of the premises;
b.
The name, address and contact information of the operator, agent if any, and designated local responsible party as required by this section;
c.
The city registration number for payment of hotel occupancy taxes;
d.
Proof of payment of all current and any past-due hotel occupancy taxes.
2.
An application for a short-term renewal permit may be filed beginning thirty (30) days prior to expiration of a current permit. Every complete application for a short-term rental renewal permit shall include updates, if any, to the information contained in the original permit application or any subsequent renewals. The permit holder shall sign a statement affirming that there is either no change to such information, or that any updated information is accurate and complete. The city manager may require such certifications deemed necessary and proper to ensure continuing compliance with this Section.
3.
An application for a short-term rental renewal permit submitted after the expiration of the most immediate permit for the premises shall be treated as an application for a new permit as described in subsection E of this Section.
4.
If a complete application for a short-term renewal permit is submitted less than thirty (30) days prior to expiration of the current permit, the city manager in his or her sole discretion may grant a one-time extension of the current permit not to exceed ten (10) days.
5.
Applications are not complete until all documentation required under this section is submitted, and until the full application and permit fees have been paid. Incomplete applications will not be accepted.
F.
Designation of Local Responsible Party Required.
An owner must designate the name and contact information of a local responsible party who can be contacted regarding immediate concerns and complaints from the public. The owner or local responsible party must be available to be reached in person or by phone at all times. If called, the owner or local responsible party must respond within a reasonable time. A local responsible party is deemed to be authorized to make decisions regarding the premises and its occupants. The City of Smithville may rely on the authority and actions of the local responsible party as being the authority and actions of the owner and the owner releases the City of Smithville from any and all liability arising from the actions of the local responsible party.
G.
Permit Fees.
A fee established by resolution of the city council will be charged to reimburse the city for all costs associated with the administration of this section.
H.
Hotel Occupancy Taxes; Occupancy History Requests.
It shall be unlawful for an owner of a premises used for a short-term rental to fail to pay hotel occupancy taxes or comply with any other related requirement under State law and Article 11.04 of the Code of Ordinances, City of Smithville, Texas. The city may make such rules and regulations as are reasonable and necessary to effectively collect hotel occupancy taxes. Upon request and reasonable notice from the city, the owner of a premises used as a short-term rental shall grant the city access to books and records necessary for the city to determine the correctness of any report and the amount of taxes due. It shall be unlawful for a person to fail to provide the requested access within 30 days.
I.
Short-term Rental Permit Nontransferable.
A short-term rental permit is non-transferable and shall not be assigned nor transferred to another person or entity. Any attempt to transfer a permit or attempt to use another person's permit may be grounds for revocation of said permit. If any premises that is the subject of a short-term rental permit is conveyed from one owner to another, the premises may not be used for a short-term rental until a new permit is obtained.
J.
Minimum Stay Requirement.
It shall be unlawful for an owner to rent or lease a short-term rental for a period of less than 24 hours.
K.
Permit Display Required.
A copy of the approved short-term rental permit shall be posted at a conspicuous location inside the front entrance(s) to the short-term rental and shall contain the following:
1.
The name, address, and contact information for the owner of the premises;
2.
The name, address and contact information for the operator, agent if any, and designated local responsible party as required by this section;
3.
The city registration number for payment of hotel occupancy taxes; and
4.
The contact information for the City.
L.
Use of Unauthorized Permit Number Prohibited.
It shall be unlawful for an owner or person to use, advertise or promote, or allow the use, advertisement or promotion of a short-term rental using a permit number not assigned to the owner or person, or to a different address, or to a different dwelling unit.
M.
Guest Houses Prohibited.
Use of a guest house for a short-term rental is prohibited.
4.7.4
Administrative Procedures.
A.
Permit Revocation.
1.
Grounds.
Any permit issued hereunder may be revoked if the permit holder has:
a.
Received more than two citations for violations of this section or any other provision of this Code of Ordinances within the preceding 12-month time period; or
b.
Failed or refused to comply with an express condition of the permit and remains in non-compliance ten (10) days after being notified in writing of such non-compliance; or
c.
Knowingly made a false statement in the application; or
d.
Otherwise become disqualified for the issuance of a permit under the terms of this section.
2.
Notice.
Notice of the revocation shall be given to the permit holder in writing, with the reasons for the revocation specified in the notice, served either by personal service or by certified United States mail to their last known address. If the registration holder is not an individual, then service can be made to either the agent of the owner or the local responsible party. Such service on either individual shall constitute as proper notice as required under this Section. The revocation shall become effective the day following personal service or if mailed, three (3) days from the date of mailing.
3.
Appeal hearing.
The permit holder shall have ten (10) days from the date of such revocation in which to file notice with the city secretary of their appeal from the order revoking said permit. The City Council shall schedule the appeal hearing as soon as practicable after receipt of the appeal. The City Council shall determine whether the revocation or denial of the permit was in error. The City Council shall issue a written order affirming or reversing the revocation or denial of the permit. Such determination by the City Council shall be final on the date the order is signed.
4.
One-Year Waiting Period.
If an owner's short-term rental permit is revoked, no second or additional permit shall be issued for a short-term rental on the premises for one year of the date such permit was revoked.
4.7.5
Enforcement.
A.
Discontinuance.
1.
The owner of a short-term rental use that was not registered with the City of Smithville for hotel occupancy tax prior to the effective date of this section, and who is unable to obtain a permit for said use or fails or refuses to obtain a permit for the use following the effective date of this section, shall discontinue the short-term rental use within 30 days of receipt of a notice from the City.
2.
The owner of a short-term rental use that was registered with the City of Smithville for hotel occupancy tax prior to the effective date of this section, and who is unable to obtain a permit for said use or fails or refuses to obtain a permit for the use following the effective date of this Section, shall discontinue the short-term rental use no later than 30 days from receipt of a notice from the City.
3.
If the permit for a short-term rental use is not renewed, the owner shall discontinue the use no later than the date on which the existing permit or any extension thereof expires.
B.
Penalties.
1.
A person who violates any provision of this section by performing an act prohibited or by failing to perform an act required, or causes another to do so, is guilty of a misdemeanor. Each day on which a violation exists or continues to exist shall be a separate offense.
2.
The City may collect a civil penalty for each violation of the terms of this section as authorized by Chapter 54, Texas Local Government Code. In a suit against the owner or the owner's representative with control over the premises, the municipality may recover a civil penalty of $1,000 a day if it proves that:
3.
The provisions of this subsection are in addition to and not in lieu of any criminal prosecution or penalties as provided by other city ordinances, county, or state law.
[Ordinance 2024-663 adopted 9/9/2024]