The City of Waxahachie, Texas is hereby divided into the following zoning districts. The use, height and area regulations as set out herein apply to each district. The districts established herein shall be known as:

(a)

General purpose and description: The Future Development (FD) Zoning District is designed to permit the use of land for the propagation and cultivation of crops and similar uses of vacant land. Single-family uses on large lots are also appropriate for this district.

(b)

Special considerations:

(i)

Detached garages and living quarters above a detached garage, or other accessory buildings such as barns, sheds, and other structures are permitted.

(ii)

Detached servants quarters without a garage shall be permitted by SUP and are required to be on a lot three (3) acres or larger. No such accessory building or quarters shall be used or occupied as a place of abode or dwelling by anyone other than a bona fide servant or farm worker actually and regularly employed by the land owner or occupant of the main building or is a guest or family member. The structure shall in any case not be leased or sold and shall not be separately metered.

(iii)

Dwelling units with side entry garages where lot frontage is only to one street, i.e., not a corner lot, shall have a minimum of twenty-five (25) feet from the door face of the garage to the side property line.

(iv)

Driveway spacing shall be a minimum of one hundred fifty (150) feet, as measured along the front property line from nearest driveway radius to nearest driveway radius.

(a)

General purpose and description: The Rural Residential (RR) Zoning District is intended to provide for development of primarily large-lot, single-family detached dwelling units on lots of not less than two (2) acres in size. Single-lot subdivisions are discouraged. Subdivisions are clustered to maximize open space, and are intended to be served by on-site wastewater collection systems. Other uses, such as religious and educational facilities, and open spaces are allowed if properly designed so as to not impact the primary use of this district in an adverse manner.

(b)

Special considerations:

(i)

Dwelling units with side entry garages where lot frontage is only to one street, i.e., not a corner lot, shall have a minimum of twenty-five (25) feet from the door face of the garage to the side property line.

(ii)

All foundations shall be concrete slab on-grade or cast-in-place pier and beam. All foundations shall be engineered, approved, and sealed by a licensed engineer.

(iii)

On-site wastewater systems, including drainage fields or spray areas, shall not be located closer than three (300) feet from a lake or floodplain.

(iv)

All wastewater systems shall be approved by the City of Waxahachie.

(v)

Driveways are not permitted on major or minor thoroughfares unless the driveway is serving a lot that was platted prior to September 27, 2004 and the driveway is spaced a minimum of one thousand fifteen hundred (1,500) feet from another driveway.

(a)

General purpose and description: The Single-Family Residential-1 (SF1) Residential Zoning District is intended to provide for development of primarily single-family detached dwelling units on lots of not less than sixteen thousand (16,000) square feet. Other uses, such as religious and educational facilities, and open spaces are allowed if properly designed so as to not impact the primary use of this district in an adverse manner.

(b)

Special considerations:

(i)

Dwelling units with side entry garages where lot frontage is only to one street, i.e., not a corner lot, shall have a minimum of twenty-five (25) feet from the door face of the garage to the side property line.

(a)

General purpose and description: The Single-Family Residential-2 (SF2) Zoning District is intended to provide for development of primarily detached, single-family residences on lots of not less than tweleve thousand five hundred (12,500) square feet. Other uses, such as religious, educational facilities and recreational facilities are allowed if properly designed so as to not impact the primary uses of this district in an adverse manner.

(b)

Special considerations:

(i)

Dwelling units with side entry garages where lot frontage is only to one street, i.e., not a corner lot, shall have a minimum of twenty-five (25) feet from the door face of the garage to the side property line.

(a)

General purpose and description: The Single-Family Residential-3 (SF3) Zoning District is intended to be similar to the SF2 except composed of detached, single-family residences on lots of not less than ten thousand (10,000) square feet.

(b)

Special considerations

(i)

Dwelling units with side entry garages where lot frontage is only to one street, i.e., not a corner lot, shall have a minimum of twenty-five (25) feet from the door face of the garage to the side property line.

(a)

General purpose and description: The Two-Family Residential (2F) Zoning District is intended to promote stable, quality multiple-occupancy residential development at slightly increased densities. Individual ownership of the two-family or duplex units is encouraged. This District may provide a buffer or transition district between lower density residential areas and higher or nonresidential areas, or major thoroughfares.

(b)

Special considerations:

(i)

Homes with side entry garages where lot frontage is only to one street (not a corner lot) shall have a minimum of twenty-five (25) feet from the door face of the garage to the side property line for maneuvering.

(ii)

Lots in the 2F District may be platted in pairs such that a duplex may be placed on each pair of lots for the purpose of encouraging individual ownership of each side or unit. The subdivision plat shall designate the pairs of lots and which lot lines are to be outside lot lines of each pair. When platted in pairs, there shall be only one dwelling unit per lot, and no dwelling unit shall cross a designated lot line. No single-family detached dwelling may be constructed on one of the designated pair of lots.

(iii)

All utilities shall be provided separately to each duplex such that each unit is individually metered.

(iv)

Single-family detached dwellings shall conform to the standards as set forth in the SF2 District.

(v)

A preliminary plat is required at the time of zoning application submittal for duplex subdivisions to evaluate the merits of the requested zoning.

(a)

General purpose and description: The Multiple-Family Residential-1 (MF1) Zoning District is an attached residential district intended to provide the highest residential density of eighteen (18) dwelling units per acre. The principal permitted land uses will include low-rise multiple family dwellings, and apartments. Recreational, religious, health and educational uses normally located to service residential areas are also permitted in this District. This District should be located adjacent to a major thoroughfare and serve as a buffer between retail/commercial development or heavy automobile traffic, and medium or low density residential development.

(a)

General purpose and description: The Multiple-Family Residential-2 (MF2) Zoning District is an attached residential district intended to provide the highest residential density of eighteen (18) dwelling units per acre. The principal permitted land uses will include low-rise multiple family dwellings, and apartments. Recreational, religious, health and educational uses normally located to service residential areas are also permitted in this District. This District should be located adjacent to a major thoroughfare and serve as a buffer between retail/commercial development or heavy automobile traffic, and medium or low density residential development. Any multi-family development permissible within another zoning district, other than MF1, shall follow the MF2 guidelines and standards.

(a)

General purpose and description: The Manufactured Home (MH) Zoning District is a detached residential district establishing standards for the development of manufactured home parks and subdivisions. Manufactured home subdivisions include individually platted lots, for sale within the subdivision, for the placement of manufactured home units. A manufactured home park offers spaces for the placement of manufactured home units on a lease or rental basis. The Manufactured Home District establishes area and design requirements for parks and subdivisions, as well as, yard requirements for individual lots. Both parks and subdivisions provide open space and recreational areas appropriate for the acreages and number of units contained.

(b)

Special considerations:

(i)

Manufactured home parks for residential use, providing, on a rental basis, lots for placement of manufactured homes, with utilities. Small offices and laundry facilities are permitted as incidental uses within the park.

(ii)

Outside storage is prohibited.

(a)

General purpose and description: The Mixed-Use Residential (MUR) District is an attached residential district intended to provide a mixture of residential and nonresidential uses, with eighty (80) percent of the square footage of any proposed development being residential. The principal permitted land uses include multiple-family dwellings, and downtown neighborhood, office, neighborhood service, general retail and commercial uses. Development should be vertical in nature. This District should be located adjacent to a major thoroughfare and serve as a buffer between retail/commercial development or heavy automobile traffic, and medium or low density residential development.

(a)

General purpose and description: The Downtown Neighborhood (DN) District is intended to serve as a transition district between the Central Area (CA) and single-family residential zoning districts. The City's goal is to reduce the separation between residential areas and services. The principal permitted land uses include multiple-family and single-family attached dwellings, and central area, general retail, neighborhood services, and office uses. This District surrounds the Central Area district.

(a)

General purpose and description: The Mixed-Use Nonresidential (MUNR) District is an attached residential district intended to provide a mixture of residential and nonresidential uses, with eighty (80) percent of the square footage of any proposed development being nonresidential. The principal permitted land uses include multiple-family dwellings, and downtown neighborhood, office, neighborhood service, general retail and commercial uses. Development should be vertical in nature. This District should be located adjacent to a major thoroughfare and serve as a buffer between retail/commercial development or heavy automobile traffic, and medium or low density residential development.

(a)

General purpose and description: The Office (O) Zoning District is established to accommodate a variety of office developments providing for professional, financial, medical and similar services for local residents; corporate offices for regional and national operations; and major employment centers for City, county and state governmental entities. Limited retail establishments incidental to the main uses may be appropriate in association with large office complexes. Since this District is intended for more intensive nonresidential uses, landscape treatment and other visual site treatments are anticipated. Multi-story buildings must also be buffered from nearby single-family areas through the use of setbacks, landscape buffers, and thoroughfares.

(b)

Special considerations:

(i)

Maximum Floor Area Ratio: 4.0:1 (See Article IX).

(ii)

Outside storage is prohibited.

(iii)

Adjacent to a Single-Family District: The side or rear setback, whichever is adjacent to the single-family zoning district, shall observe a sixty (60) feet setback if the office use is over one (1) story in height.

(a)

General purpose and description: The Neighborhood Service (NS) Zoning District is established as a limited retail category intended for the use of nearby neighborhood areas for the purpose of supplying day-to-day needs and personal services. Establishments should include small, freestanding retail structures, such as convenience stores and neighborhood oriented personal service establishments. Sites zoned NS should generally utilize an existing or small corner lot within a logical neighborhood area.

(b)

Special considerations:

(i)

Outside storage is prohibited.

(a)

General purpose and description: The General Retail (GR) Zoning District is intended predominately for general retail, and certain light commercial uses of a service nature which typically have operating characteristics of traffic service requirements generally compatible with typical office, retail, shopping, and some residential environments.

(b)

Special considerations:

(i)

No permanent use of temporary buildings

(ii)

Interior Side Yards — When retail uses are platted adjacent to other retail and other nonresidential uses, no side yard is required provided:

1)

Adequate fire lanes and circulation is provided on site; and

2)

Appropriate building codes can be met

(a)

General purpose and description: The Central Area (CA) Zoning District is intended to be used only in the Downtown of Waxahachie. The uses in this District are generally retail or office in nature and often rely on off-site parking. Uses also have minimal setback requirements due to the compact nature of the downtown area.

(b)

Special considerations:

(i)

No permanent use of temporary buildings.

(ii)

No extension or protrusion shall be permitted in or over the street or alley right-of-way.

(a)

General purpose and description: The Commercial (C) Zoning District is intended to provide locations for service and commercial related establishments, such as wholesale products, welding shops, flea markets, major automotive repair, upholstery shops, and other heavy commercial uses. Uses in this District may require open storage areas but shall be screened from public view. The uses envisioned for the District will typically utilize smaller sites and have operation characteristics which are not compatible with residential uses and some nonresidential uses. Convenient access to thoroughfares and collector streets is also a primary consideration.

(b)

Special considerations:

(i)

No permanent use of temporary buildings.

(ii)

Interior Side Yards — When retail uses are platted adjacent to other retail and other nonresidential uses, no side yard is required provided:

1)

Adequate fire lanes and circulation is provided on site; and

2)

Appropriate building codes can be met

(a)

General purpose and description: The Light Industrial-1 (LI1) Zoning District is intended to provide a setting for lighter manufacturing, research and development laboratories, science and high technology firms and related office and support uses. The sites for such uses should typically be larger in size.

(b)

Special considerations:

(i)

No permanent use of temporary buildings.

(a)

General purpose and description: The Light Industrial-2 (LI2) Zoning District is intended primarily for the conduct of light manufacturing, assembling and fabrication, and for warehousing, wholesaling and service operations that do not depend upon frequent customer or client visits. Such uses do require accessibility to major thoroughfares, major highways, or other means of transportation.

(b)

Special considerations:

(i)

The following are permitted, with additional consideration:

1)

Industrial and manufacturing plants including the processing or assembling of parts for production of finished equipment where the process of manufacturing or treatment of materials is such that no dust, odor, gas, smoke or excessive noise is emitted.

2)

A "high risk or hazardous industrial use" is permitted by specific use permit only. In this section, "high risk or hazardous industrial use" means any industrial use whose operation, in the opinion of the Fire Marshal, involves a much higher than average risk to public health and safety. These uses include but are not limited to facilities where significant amounts of radiation, radioactive materials, highly toxic chemicals or substances, or highly combustible or explosive materials are present, used, produced, stored, or disposed of as defined in The Fire Code.

(c)

Compliance with state law and federal laws: No uses shall be allowed which are prohibited by State law or which operate in excess of State or National environmental or pollution standards as determined by the U.S. Environmental Protection Agency (EPA), Texas Air Control Board, Texas State Department of Health, or Texas Commission on Environmental Quality (TCEQ).

(a)

General purpose and description: The Heavy Industrial (HI) Zoning District is intended primarily for the conduct of heavy manufacturing, assembling and fabrication, and for warehousing, wholesaling and service operations that do not depend upon frequent customer or client visits. Such uses do require accessibility to major thoroughfares, major highways, or other means of transportation.

(b)

Special considerations:

(i)

The following are permitted with additional consideration

1)

Industrial and manufacturing plants including the processing or assembling of parts for production of finished equipment where the process of manufacturing or treatment of materials is such that no dust, odor, gas, smoke or excessive noise is emitted.

2)

A "high risk or hazardous industrial use" is permitted by specific use permit only. In this section, "high risk or hazardous industrial use" means any industrial use whose operation, in the opinion of the Fire Marshal, involves a much higher than average risk to public health and safety. These uses include but are not limited to facilities where significant amounts of radiation, radioactive materials, highly toxic chemicals or substances, or highly combustible or explosive materials are present, used, produced, stored, or disposed of as defined in The Fire Code.

(c)

Compliance with state law and federal laws: No uses shall be allowed which are prohibited by State law or which operate in excess of State or National environmental or pollution standards as determined by the U.S. Environmental Protection Agency (EPA), Texas Air Control Board, Texas State Department of Health, or Texas Commission on Environmental Quality (TCEQ).

(a)

General purpose and description: The Airport (AP) Zoning District is intended to provide a setting for lighter manufacturing, aviation related uses, research and development laboratories, science and high technology firms and related office and support uses appropriate in close proximity to the airport. The sites for such uses should typically be larger in size.

(b)

Special considerations:

(i)

No permanent use of temporary buildings.

(a)

Overlay and Prefix Districts shall be used in conjunction with base zoning districts. In the use of the following overlay zoning classifications, the base district shall remain in effect if it is already in existence unless changed by zoning amendment. New base districts or changes in existing base districts may be requested at the same time overlay or prefix districts are requested.

(a)

General purpose and description:

(i)

The City hereby declares that as a matter of public policy, the protection, preservation and enhancement of districts and landmarks of architectural, archaeological, cultural, and historic importance is necessary to promote the economic, cultural, educational, and general welfare of the citizens of Waxahachie. The unique identity of the City of Waxahachie and the history of the area since its founding, which produced significant historic, architectural, archaeological and cultural resources, require this Ordinance to:

1)

Safeguard the City's historic and cultural heritage, as embodied and reflected in such historic areas, places, buildings and structures, by appropriate regulations.

2)

Promote economic stability and prosperity of the community by encouraging the most appropriate use of such significant property in Waxahachie.

3)

Protect and enhance the City's attractions to tourists and visitors, as well as provide support and stimulus to business and industry.

4)

Ensure the identification and evaluation of buildings, structures, places and areas of historical, architectural and cultural importance or value; and to provide efficient procedures for that process, and any necessary adjustments or variances from unduly harsh application of the provisions of this Ordinance.

5)

To balance the rights of the public which justify preservation of the City's history and culture, with those of private property owners who own and control property, and are entitled to the reasonable use and return from their assets.

(b)

Designation overview:

[(i)]

Nature of District. The City may designate a site, building, structure, landscape or object as a historic resource and a unique area as a historic district together with the public rights of way in and surrounding the resource or district, by establishing a Historic Overlay District that combines with one or more base zoning districts pursuant to the procedures set forth in Section 2.04 of the City's zoning ordinance.

1)

Permitted uses within the Historic Overlay District shall be those allowed in the base zoning district.

2)

Unless expressly modified by or limited by an action taken pursuant to this Section, the height and area standards, special requirements and other regulations shall be those applicable within the base zoning district.

(ii)

Criteria for Historic Resources.

1)

A Historic Overlay District may be established to preserve historic resources of exemplary architectural, archaeological, cultural or historic value having one or more of the following characteristics:

a)

Possesses significance in history, architecture, archeology, or culture of the City, county, state or nation.

b)

Is associated with events that have made a significant contribution to the broad patterns of local, regional, state or national history.

c)

Is associated with the lives of persons significant in Waxahachie's past.

d)

Embodies distinctive characteristics of a type, period or method of construction.

e)

Represents the work of a master designer, builder or craftsman.

f)

Represents an established and familiar visual feature of the City of Waxahachie.

g)

Is the location of a significant event.

(iii)

Criteria for Historic Area.

1)

A Historic Overlay District may be established to preserve a historic area if the area contains properties that meet one or more of the criteria for designation contained for a historic resource and constitutes a unique section of the City of Waxahachie that contributes to the heritage of the community.

(iv)

Request for Designation.

1)

A property owner, interested citizen, or the Heritage Preservation Commission (HPC) may request to designate certain sites, buildings, structures, landscapes or objects as historic resources. Owners of said property shall be notified prior to the Commission's hearing to consider designation. At the aforementioned public hearing, commissioners, owners, and other interested parties may present testimony or documentary evidence that will become part of a record regarding the historic, architectural, or cultural importance of the proposed historic resource. The record may also contain staff reports, public comments, or other evidence offered outside of the hearing. Designation as a historic resource does not necessarily impose the obligation on the property owner to improve, alter, or change a property.

2)

A property owner or the Heritage Preservation Commission (HPC) may request that a unique area be preserved as a historic district. The Heritage Preservation Officer will send notification to property owners within the proposed district boundaries of the proposal. When the HPO has received verifiable written support from the owners of at least thirty (30) percent of the properties within the proposed historic district boundary, the Heritage Preservation Officer shall forward the application to the Heritage Preservation Commission for a public hearing and recommendation. Prior to such hearing, the HPC shall conduct studies and research and make a report on the historic significance of the exteriors of buildings, structures, features, sites, objects and surroundings in the and other interested parties may present testimony or documentary evidence that will become part of a record regarding the historic, architectural or cultural importance of the proposed historic resource or historic district. The record may also contain staff reports and public comments. Following the public hearing, the HPC shall formulate its recommendation to the Planning and Zoning Commission and the City Council concerning establishment of a Historic Overlay District.

(v)

Process for Designation.

1)

The HPC shall make its recommendation on the proposed Historic Resource or Historic District to the Planning and Zoning Commission within thirty (30) days from the date of the public hearing on the proposed designation of the historic resource or historic district, coupled with a request to establish a Historic Overlay District for the site or area.

2)

Upon receipt of the HPC recommendation, the Planning and Zoning Commission shall give notice, conduct its public hearing and make recommendations to the City Council in the same manner and according to the same procedures as provided in Section 2.04.

3)

The City Council shall give notice, follow the publications procedure, hold public hearings and make its determination on the Historic Overlay District in the same manner and in accordance with the procedures for a zoning amendment, as provided in Section 2.04.

(vi)

[Identification.] Upon establishment of the Historic Overlay District designation, the Historic Overlay District shall be recorded on the official zoning map of the City of Waxahachie. All zoning maps shall identify the Historic Overlay District with the suffix "H". The boundaries of each Historic Overlay District shall be described in detail and shall be filed in the City secretary's office for public inspection.

(c)

Certificate of appropriateness for alteration, restoration, or new construction within historic overlay districts:

(i)

Prohibition on Alteration or Development:

1)

Within a Historic Overlay District, no person shall alter any building, site, structure, landscape or object designated as a historic resource or alter any portion of the exterior of a structure within a historic district, or place, construct, maintain, expand or remove any structure on such site without first obtaining a Certificate of Appropriateness from the HPC.

2)

No building permit shall be issued until an application for a Certificate of Appropriateness has been reviewed and approved by the HPC. The Certificate of Appropriateness shall be in addition to, and not in lieu of, any building permit that may be required by any other ordinance of the City of Waxahachie.

(ii)

Procedures for Certificate of Appropriateness:

1)

Prior to the commencement of any work requiring a Certificate of Appropriateness, the property owner shall file an application for such a certificate with the Heritage Preservation Commission. The Commission, if requested, shall aid the property owner in preparation and completion of the application. The application form shall contain the following:

a)

Name, address, telephone number of the applicant, and a detailed description of the proposed work.

b)

Current photographs of the property

c)

Historical photographs (if available) upon which the proposed work is based

d)

Elevation drawing(s) of any part of the structure that is visible from the public right-of-way with details drawn to scale for work to be done

e)

List of materials for all exterior surfaces and/or signs

f)

Dollar value of improvements to be made

g)

Location map of proposed buildings and structures

h)

Details of proposed light fixtures

i)

Sample(s) of material(s) to be used

j)

Any other reasonable information that the Commission may deem necessary in order to visualize the proposed work.

2)

An application for a Certificate of Appropriateness shall be submitted to the Heritage Preservation Officer or other designated City official as stipulated by the City Manager. The HPC shall hold a public meeting on the application within thirty (30) days of receipt of the completed application. All applications received twenty (20) days in advance of the next meeting will be reviewed and discussed at the next scheduled Commission meeting.

3)

The HPC shall make a final decision on the application within forty-five (45) days of the filing date. If no action has been taken by such date, a Certificate of Appropriateness shall be deemed issued by the Commission.

4)

All decisions of the HPC shall be in writing and will be sent to the applicant and the Building Official within ten (10) working days of the Commission's decision.

(iii)

Criteria:

1)

The HPC shall take into account the following criteria for determining whether to issue a Certificate of Appropriateness.

2)

The Downtown Waxahachie Design Guidelines, adopted by the City Council in August 2011, which are based on the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitation of Historic Buildings shall be used in this process.

3)

The judgment of new construction proposals and the rehabilitation of non-historic buildings will be based on the compatibility of the design within the context of the property's adjacent and nearby historic buildings.

4)

The design of new buildings may have key elements of an existing or previous building of the historic period, including massing, scale, fenestration and materials. Buildings may not be absolute reproductions and shall appear as clearly contemporary.

5)

Infill buildings between contributing buildings shall be similar in setback, roof form, cornice line and materials, to one of the adjacent buildings. The height of the new buildings shall relate to the heights of adjacent structures. New buildings should not tower over existing buildings. Exterior building finishes shall be similar to that of surrounding historic structures.

6)

When constructing an addition to a historic building, it shall be done in a manner so that there is the least possible loss of historic materials and so that character defining features are not obscured, damaged or destroyed. Every effort should be made to locate the addition at the rear of the building or on an inconspicuous side of a historic building; and limiting its size and scale in relationship to the historic building.

7)

The new addition should be designed in a manner that makes it clear what is historic and what is new. Design for the new work may be contemporary or may reference design motifs from the historic building. In either case, it should always be clearly differentiated from the historic building and be compatible in terms and mass, materials and relationship of solids to voids.

(iv)

Appeal from Action of HPC Concerning Application for Permits.

1)

An applicant for a Certificate of Appropriateness dissatisfied with the action of the HPC on the application may appeal the decision to the City Council within fifteen (15) days after receipt of notification of such action. The applicant shall be advised by the Heritage Preservation Officer of the time and place of the hearing at which his appeal will be considered and shall have the right to attend and be heard as to his reasons for filing the same.

2)

In determining the appeal, the City Council shall consider the same factors as the HPC, the report of the HPC and any other matters presented at the hearing on the appeal. The City Council shall affirm, modify or reverse the decision by the HPC on the application for the Certificate of Appropriateness, and may impose such conditions as are necessary to assure that the proposed action meets the criteria for approval. If the application is disapproved, the City Council may indicate what changes in the plans and specifications would meet the conditions for protecting the distinctive historical character of the district. The applicant and the HPC shall be notified of the Council's decision by the Heritage [MSOffice4] Preservation Officer.

(v)

Issuance of Permits.

1)

Upon approval of an application for a Certificate of Appropriateness, the Building Official shall be authorized to issue a building permit or other permits required to undertake the action proposed in the application consistent with all applicable City standards.

2)

No change shall be made in the scope of work for any building permit after issuance of Certificate of Appropriateness without submittal of an application to amend the Certificate, which shall be considered by the HPC in the same manner as provided above. If a property owner wishes to change the scope of work under a Certificate of Appropriateness, the property owner shall consult the Heritage Preservation Officer who shall have the authority to approve non-substantive changes. If the Heritage Preservation Officer deems the requested changes to be substantive, such changes shall be referred to the Heritage Preservation Commission for action.

(d)

Minor in kind repairs and ordinary maintenance:

(i)

Nothing in this Section shall be construed to prevent minor in kind repairs or ordinary maintenance. Minor in kind repairs and ordinary maintenance, including painting, do not require a Certificate of Appropriateness unless the tax incentive for maintenance is being sought. If the twenty-five (25) percent tax incentive for maintenance is requested, all provisions of Section 24.57 in Ordinance No. 2288 will apply.

(ii)

The Downtown Waxahachie Design Guidelines should be consulted when performing minor in-kind repairs or ordinary maintenance. The Heritage Preservation Officer is also available as an additional resource and should be consulted concerning questions about minor in-kind repairs and ordinary maintenance. If the Heritage Preservation Officer deems a Certificate of Appropriateness necessary, the procedures in Section 3.24(c) shall apply.

(e)

Demolition or relocation of historic resources:

(i)

Demolition Permit Required.

1)

A permit for the demolition or relocation of a historic resource or any structure within a Historic Overlay District shall not be granted by the Building Official without the review and approval of a completed application by the Heritage Preservation Commission. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with the provision of this Ordinance shall be fined not more than two thousand dollars ($2,000.00) for each offense.

(ii)

Application.

1)

Certain information must be submitted by the applicant along with an application for a permit for demolition or relocation prior to the Heritage Preservation Commission making a ruling on the application. The applicant must supply the following information before the application is considered complete:

2)

Information describing the condition of the structure.

3)

An estimate of the cost of restoration or repair.

4)

Demonstration that adaptive use or restoration of the structure has been seriously considered.

5)

Any available historic records of the building (drawings, photographs).

6)

Architectural drawings for the proposed new construction which is intended to replace the historic structure if applicable.

7)

Any improvements proposed by the property owner to be placed on the land or new development that would mitigate the loss of the historic structure if applicable.

8)

Any other information deemed appropriate by the Commission to assist in rendering a decision on the application.

(iii)

Action on Application.

1)

Upon formal notification from the Heritage Preservation Officer that the application has been received, an automatic sixty (60) day stay will go into effect. During this time the Heritage Preservation Commission shall consider the state of repair of the building, reasonableness of the cost of restoration or repair, the existing and/or potential usefulness, the purpose behind preserving the structure, the character of the neighborhood, and all other factors it finds appropriate. If the Commission determines that, in the interest of preserving historical values, the structure should be preserved, it shall notify the Building Official that the application has been disapproved. If disapproved, the applicant may appeal to the City Council in the same manner as for a Certificate of Appropriateness. If demolition or relocation is approved, the HPC shall notify the Building Official so the appropriate permit(s) can be issued.

(f)

Duty to maintain/demolition by neglect:

(i)

No owner or person with an interest in real property designated as a historic resource, a National Register property, or included in a historic district shall allow such property to fall into a serious state of disrepair without requesting a demolition permit. Property owners who allow properties to fall into a serious state of disrepair are subject to all the provisions of Chapter 8, Article III in the City of Waxahachie Code of Ordinances.

(ii)

Examples of a state of serious disrepair shall include, but are not limited to, the following:

1)

Deterioration of exterior walls or other vertical supports.

2)

Deterioration of roofs or other horizontal members.

3)

Deterioration of exterior chimneys.

4)

Deterioration or crumbling of exterior stucco or mortar.

5)

Ineffective waterproofing of exterior walls, roofs, or foundations, including broken windows or doors.

6)

Deterioration of any feature so as to create a hazardous condition that could lead to the claim that demolition is necessary for the public safety.

7)

Deterioration of ornamental features.

(g)

Enforcement:

(i)

Compliance Required.

1)

All work performed pursuant to a Certificate of Appropriateness issued under this Ordinance shall conform to all requirements included herein and all other City codes. It shall be the duty of the building inspector to periodically inspect any such work to ensure compliance.

(ii)

Enforcement Proceedings.

1)

In the event that work being performed is found to not be in accordance with the Certificate of Appropriateness or upon notification of such fact by the Heritage Preservation Commission, the Building Official shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect. All other remedies authorized under this Zoning Ordinance shall be applicable to non-compliance with a Certificate of Appropriateness.

2)

Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with the provisions of this Ordinance shall be fined not more than two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

(h)

Definitions:

(i)

For purposes of this Section, the following definitions apply:

1)

Archeology - the science or study of material remains of past life or activities and the physical site, location, or context in which they are found, as delineated in the Department of the Interior's Archeological Resources Protection Act of 1979.

2)

Area - a specific geographic division in the City of Waxahachie

3)

Building - any structure created to shelter people or things, such as a house, barn, church, office, hotel, or similar structure.

4)

Certificate of Appropriateness - a signed and dated document evidencing the approval of the Heritage Preservation Commission and/or Heritage Preservation Officer for work proposed by an owner or applicant of a structure within a Historic Overlay District or an individual Historic Resource.

5)

Citizen - a legal resident of the City of Waxahachie.

6)

Demolition - an act or process (not withstanding acts of God, criminal activity, etc.) which destroys a site or structure in its entirety, or which destroys a part of a site or structure and permanently impairs its structural, historic or architectural integrity.

7)

Downtown Waxahachie Design Guidelines - guidelines adopted by the Heritage Preservation Commission and the City Council for property designated as a Historic Resource or Historic District to protect, perpetuate and enhance the historical, cultural, architectural or archaeological character of an object, site, structure or district.

8)

Development Review - means processing of proposed development requests.

9)

Heritage Preservation, Heritage Commission or Commission - the Heritage Preservation Commission of the City of Waxahachie, as established by Ordinance 2288, Section 1-3, as amended.

10)

Heritage Preservation Officer (HPO) - a staff person for the City of Waxahachie whose duties encompass all historic preservation activities for the City as established by Ordinance 2288, Section 1-4, as amended.

11)

Historic Resource Preservation Plan (or Preservation Plan) - a document established by the Heritage Preservation Commission and adopted by the City Council to provide a current inventory of Historic Resources and Historic Districts and policy recommendations to guide historic preservation activities for the City of Waxahachie.

12)

Historic Preservation - the identification, evaluation, recordation, documentation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance and reconstruction of Historic Resources, or any one or a combination of the foregoing activities.

13)

Historic Property - the full range of properties identified in the Historic Resource Survey and/or special studies which are significant in history, pre-history, architecture, engineering, archaeology and culture, including properties significant to the whole nation or those significant at the state, regional, or local level.

14)

Historic Resource - a structure, site, building, or landmark, or a collection of the same within a contiguous area of the City, which satisfies one (1) or more of the criteria set out in Section 3.24(b) (ii) of this Ordinance and which is designated as such in accordance with that Section.

15)

Historic Overlay District - an area which includes two (2) or more structures or sites which satisfy one (1) or more of the criteria set out in Section 3.24(b)(ii), together with their accessory buildings, fences, and other appurtenances, located within a geographically definable area possessing a significant concentration, linkage or continuity of objects, sites or structures united by past events or aesthetically by plan or physical development, and which is established as a zoning district in accordance with Section 3.24 of the Zoning Ordinance. A Historic Overlay District may have within its boundaries other structures that, while not of such historical, cultural, architectural or archeological significance as to be designated as an Historic Resource, nevertheless contribute to the overall visual setting of or characteristics of the Historic District.

16)

Historic Resource Survey - the survey of Historic Resources published by the Heritage Preservation Commission, as amended from time to time.

17)

Landmark - a structure or property that is of value in preserving the historical, cultural, architectural or archeological heritage, or is an outstanding example of design or a site closely related to an important personage, act or event in history.

18)

Minor In-kind Repairs - small scale repairs to correct minor problems or damage to the exterior. Minor in-kind repairs do not include a change in design, material or outward appearance, only in-kind replacement or repair. Examples of minor in-kind repair include, but are not limited to touch-up painting, replacement of a window pane, caulking, securing loose boards, etc.

19)

Non-Historic Resource - a structure, site, building, or landmark, which does not satisfy any of the criteria set out in Section 3.24(b)(ii) of this Ordinance and which is designated as such in accordance with that Section.

20)

Object - material thing that can be seen or touched that is associated with cultural tradition or heritage. Examples include but are not limited to brass stop signs, obelisk street signs, or hitching stones.

21)

Ordinary Maintenance - any work, the purpose and effect of which is to correct any deterioration or decay of or damage to a structure or property, or any part thereof, and to restore the same, as nearly as may be practicable, to its condition prior to such deterioration, decay or damage, using the same materials or those material available which are as close as possible to the original and all of which must comply with applicable codes and ordinances. Ordinary Maintenance does not include a change in design, material or outward appearance, but does include in-kind replacement or repair. Examples of Ordinary Maintenance include, but are not limited to: Replacement or repair of roofing materials, painting or other minor architectural features, etc.

22)

Relocation - any change of the location of a structure, object or material thing in its present setting or to another setting.

23)

Restoration - the act or process of accurately recovering the form and details of a structure or property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

24)

Secretary of the Interior's Standards for Rehabilitation - the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitation of Historic Buildings, reported at 36 Code of Federal Regulations 67.7, as amended or as recodified.

25)

Site - the location of a significant event, a prehistoric or historic occupation or activity, or a structure or cluster of structures, whether standing, ruined or vanished, where the location itself maintains historical or archeological value, regardless of the value of any existing structure.

26)

Stabilization - the act or process of applying measures designed to re-establish a weather resistant enclosure and the structural stability of an unsafe or deteriorated structure or property while maintaining the essential form as it presently exists.

27)

Structure - anything constructed or erected which requires location on the ground, or is attached to something having a location on the ground, including, without limitation, buildings.

(i)

Tax incentives:

(i)

The owner of property within a Historic Overlay District may qualify for the tax incentives set forth in Section 24.57 of Ordinance No. 2288 by complying with the criteria identified in that section in accordance with the procedures set forth in Section 24.58 thereof.

(a)

The overlay district shall be in effect in all areas of the City of Waxahachie that are shown in Exhibit A, attached hereto and made a part hereof.

(b)

It is provided that within said area, the existing (or as then amended) base zoning will remain in effect, and will control the USE of the property. This section does not change the USE of the property, only the structures that may be placed on it. The base zoning still applies to structures, except as amended by this Ordinance.

(c)

Property, in order to qualify under this Section, must consist of lots initially platted prior to 1980 or transferred by metes and bounds before 1980, AND be located within the area shown in Exhibit A. If a property meets the above requirements, AND has been platted and/or replatted since 1980, it still qualifies under this section.

(d)

The following is allowed on qualifying property:

(i)

The front yard setback must be within five (5) feet of the average of each structure that is within fifty (50) feet from the buildable lot's property lines, as measured from the front building plane, and not including porches.

(ii)

Maximum lot coverage is eighty (80) percent.

(iii)

Side yards will be at least ten (10) percent of lot width.

(iv)

The massing, scale, and materials shall be appropriate to the neighborhood and porches may be required, which requirements can be set with the City staff by written approval; however, their ruling may be appealed to the Planning and Zoning Commission.

(v)

In no situation will a house be less than ten (10) percent of the average of square footage area of houses to each side and directly across the street, but not less than eight hundred (800) square feet.

(vi)

Two off-street parking areas behind the front building plane are required, any garage that is built shall not have a door facing the right of way, unless set back from the front of the building plane at least five (5) feet.

(vii)

Garages will not be required if three (3) bedrooms or less.

(viii)

Material for driveway may be permeable behind the front building plane with approved driveway section and material.

(ix)

In no situation will a lot be less than ten (10) percent less than the square footage area of adjacent lots within fifty (50) feet of each property line.

(x)

A residential planned development (PD) district may be any size in this overlay district, if approved for a specific use permit.

(xi)

Garage ADUs may be allowed with SUP in SF1 and SF2. Accessory dwellings are not permitted without the primary structure.

a)

Accessory dwellings shall contain a minimum of four hundred (400) square feet of living area and a maximum of nine hundred (900) square feet of living area or forty (40) percent of the gross living area of the primary dwelling, whichever is greater.

b)

An accessory dwelling unit (ADU) is a habitable living unit added to, created within, or detached from a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking, and sanitation.

(xii)

Duplexes on corner lots must have entrances facing one to each street.

(xiii)

This is not intended to permit the development of more than ten (10) lots.

Editor's note— The overlay district of the City of Waxahachie as shown in Exhibit A is incorporated herein as if fully set out. Exhibit A is on file in the office of the Clerks.

(a)

General purpose and description: The Parking (P) zoning district is intended to allow for parking of vehicles on lots or parcels that have no buildings or other uses. To provide appropriate standards, a separate district is created and designated for the specific purposed of providing, at appropriate locations, areas for parking.

(b)

Special considerations:

(i)

The Parking zoning district is obsolete and may not be requested as a district for zoning change following the effective date of this Ordinance. Existing P districts shall remain on the City's zoning map and shall be subject to the development standards included here.

(ii)

Open storage or storage of vehicles on a permanent basis is prohibited.

(iii)

Off-street parking provided in this district shall be provided from side streets, not major arterials.

(iv)

No permanent use of temporary dwelling shall be used for on-site dwelling or nonresidential uses.

(v)

Parking requirements shall follow the regulations set forth in section 5.02.

(a)

General purpose and description:

(i)

The purpose of this section is to establish regulations for the registration, inspections, and use of short-term rentals within the residential and nonresidential zoning districts within the City of Waxahachie. The requirements of this section apply only to short-term rentals, as defined in this section. Nothing in this section, however, shall be construed to be a waiver of the requirement to assess and collect hotel occupancy taxes for any residential rental for less than thirty (30) consecutive days, or any other applicable provision of the City of Waxahachie ordinances.

(b)

Definitions:

(i)

For the purpose of this section, the following definitions apply:

1)

Administrator means the City Manager and/or the City Manager's designee.

2)

Advertise means the written, audio, oral, or other methods of drawing the public's attention, whether by brochure, written literature, signage or any type, or online posting to a short-term rental website in order to promote the availability of the short-term rental.

3)

Bedroom means the living area(s) of the dwelling unit designated and furnished for primarily sleeping only, with proper egress as required by the International Residential Code.

4)

City Official means an employee, officer, or any person whose salary is payable, in whole or in part, from the City Treasury or otherwise appointed by the City of Waxahachie as its representative authorized to act on its behalf.

5)

Hotel occupancy tax means the hotel occupancy tax as defined in Chapter 30 of the Waxahachie Code of Ordinances and Chapter 156 of the Texas Tax Code.

6)

Local emergency contact means an individual other than the applicant, who resides within twenty (20) miles of the short-term rental property, and who is designated by the owner/applicant to act as the owner's authorized agent with unrestricted legal authority to act on the owner's behalf if the owner has traveled outside of the immediate area or is otherwise unavailable. The local emergency contact should be reachable on a 24-hour basis, have access to the short-term rental property, and be authorized by the owner to act in the owner's absence to address any complaints, disturbances, and emergencies.

7)

Occupant means any individual person living, sleeping or possessing the short-term rental property or portion thereof.

8)

Owner means any person, agent, operator, firm, trust, corporation, limited liability company, partnership or business organization having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or code official of the estate of such person if ordered to take possession of real property by a court. The term "owner" does not include the holder of a non-possessory security interest in the property.

9)

Party means any gathering or event means a group of five (5) or more persons who have assembled or are assembling in a manner which constitutes a substantial disturbance of the quiet enjoyment of private or public property. This includes, but is not limited to, excessive noise or traffic, obstruction of public streets by crowds or vehicles, public drunkenness, the service of alcohol to underage persons, fights, disturbances of the peace and litter.

10)

Premise means property, a lot, plot or parcel or land, including any structures or portions of structures thereon.

11)

Short-term rental means the rental of any residence or a portion of a residence or a residential structure for a period of less than thirty (30) consecutive days. The definition of a short-term rental does not include the following:

a)

A unit that is used for a nonresidential purpose, including an educational, health care, retail, restaurant, banquet space, or event space purpose or another similar use;

b)

A residential structure or portion of a residence that is not designed or intended for habitation purposes;

c)

A bed and breakfast as defined in Article IV of Appendix A of the City of Waxahachie Zoning Ordinance; or

d)

A hotel/residence hotel.

12)

Short-term rental operator means the person, agent, operator, firm, trust, corporation, limited liability company, partnership or business organization who receives payment for operating a dwelling unit, or portion thereof, as a short-term rental unit. Short-term rental operator must be the property owner of the short-term rental.

(c)

Short-term rental requirements prior to registration:

(i)

Any short-term rentals existing prior to October 16, 2023, are hereby deemed a nonconforming use, unless abandoned pursuant to Section 2.01 of the zoning ordinance, as amended, and are not required to obtain approval of a Specific Use Permit (SUP), although such short-term rentals must register with the City. Any short-term rentals existing as of October 16, 2023, or thereafter are required to obtain approval of a Specific Use Permit (SUP) by the City Council, with the exception of all short-term rentals located within the Central Area (CA) zoning district. Once the approval of a SUP for the short-term rental is obtained, the short-term rental registration requirements in subsection (e) of this section 3.27 must be completed.

1)

The notice for the public hearing for the SUP shall be sent to owners, as documented on the most recently approved ad valorem tax roll of the City, of lots that are within five-hundred feet (500') of the property for which the short-term rental SUP has been submitted.

2)

The approved SUP is non-transferable. If there is a change in ownership of the property to which the SUP has been issued including to an affiliated party such as a family member or business organization that is owned partially or in its entirety by the previous owner, the new property owner shall submit a new SUP application with the Planning Department within thirty (30) calendar days of the change of ownership. The fact that the property has previously been issued an SUP has no bearing on the issuance of a new SUP.

(d)

Prohibited short-term rentals:

(i)

It shall be unlawful for any owner or person to advertise, offer to rent or rent, lease, sublease, license, or sublicense, grant any right, or allow any property to be operated or used as an unregistered short-term rental.

(ii)

In the event that any existing short-term rental is deemed to be a nuisance and law enforcement has responded to complaints regarding the short-term rental being a nuisance, and the complaints have been substantiated by law enforcement or other City Official, on three (3) or more occasions within the twelve (12) calendar months preceding October 16, 2023, SUP or registration will not be considered or permitted for this use at the location determined to be a nuisance. For purposes of this Ordinance, a "nuisance" shall be defined and shall mean as follows:

1)

Any unreasonably loud, disturbing, unnecessary noise which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof;

2)

Any noise of the character, intensity and continued duration, which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities; or

3)

Any violation of law at the short-term rental as witnessed by law enforcement or by a complaining witness that has personal knowledge of said violation and submits a sworn statement or testimony.

(e)

Short-term rental registration requirements:

(i)

No person shall hereafter advertise, offer to rent or rent, lease, sublease, license or sublicense, or grant any right to access or utilize a residential property within the City as a short-term rental for which an approval of a Specific Use Permit by the City Council has not been granted and registration has not been properly made and filed with the Planning Department of the City of Waxahachie. Registration shall be made upon forms furnished by the City for such purpose and shall specifically require the following minimum information:

1)

Name, address, phone number, and email address of the property owner of the short-term rental property:

a)

If the property owner is not the short-term rental operator, a Property Owner Affidavit will be required at the time of registration.

2)

If the owner is not a natural person, then the name, address, and email address of a natural person who has the legal authority to act for the owner;

3)

Name, address, phone number, and email address of the designated local emergency contact;

4)

A submission of a floor plan of the dwelling with a dimensional room layout;

5)

Site plan and/or survey of the property indicating the maximum number of vehicles that can be legally parked on the property without encroaching onto the streets, sidewalks, or alleys; other public rights-of-way or public property;

6)

A submission of the informational brochure as described in subsection (k)(i) below;

7)

Receipt of payment of hotel occupancy taxes to the City of Waxahachie Finance Department as required under Chapter 30 of the City of Waxahachie Code of Ordinances and Chapter 156 of the Texas Tax Code, which for the imposition of a hotel occupancy tax under Chapters 351 or 352, or other law, "hotel" includes a short-term rental. In this subsection, "short-term rental" means the rental of all or part of a residential property to a person who is not a permanent resident under Section 156.101 of the Texas Tax Code;

8)

Receipt of payment of short-term rental registration fee;

9)

Any information change provided in a short-term rental registration must be reported to the city within thirty (30) days and continuously updated as changes occur;

10)

The local emergency contact information must be provided on an 8 1/2" by 11" document, and displayed on the interior and exterior sides of the structure, no more than two-feet (2') from the front door; and

11)

Proof of insurance coverage of a minimum of one million dollars ($1,000,000.00) per occurrence.

(ii)

Registration approval will be provided with a documented registration number. This number must be displayed with the registration in a visible location directly adjacent to the primary entrance of the short-term rental.

(f)

Right to inspect the premise:

(i)

The City of Waxahachie reserves the right, with reasonable notice to the owner, to inspect the residential premises to determine compliance with this section as well as the most recent version of the International Property Maintenance Code.

1)

If only a portion of the premises is offered for rent, then that portion, plus shared amenities and points of access may be inspected.

2)

If, upon completion of an inspection, the premises is found to violate one or more provisions of any applicable federal, state, or city regulations, codes or ordinances, the city shall provide written notice of such violation and shall set a re-inspection date for a violation to be corrected prior to its occupancy.

(g)

Restrictions on short-term rentals:

(i)

Limit on occupants allowed. No more than two (2) adult guests per bedroom as noted on the required floor plan required to be submitted herein, plus no more than two (2) additional adults shall be allowed when renting a property as a short-term rental, except that:

1)

A maximum occupancy of ten (10) persons, including adults, children, and the owner. A visual inspection of more than ten (10) persons by a city employee at the premise is subject to the issuance of a citation to the owner and short-term rental operator for violating this section.

(ii)

A short-term rental may include multiple bedrooms, but a short-term rental cannot rent simultaneously to more than one (1) group under separate contacts, bookings or appointments. There shall be no overlap between rentals or partial rentals of the short-term rental property.

(h)

Limit on number of vehicles:

(i)

There shall be one (1) off-street parking space per bedroom provided and a total of no more than five (5) off-street parking provided, not including any vehicles owned by the owner; provided, however, such off-street parking may not be on grass or other surface that is not commonly used for parking of vehicles as indicated herein.

1)

Golf carts, ATVs, recreational vehicles and trailers are prohibited.

(i)

Placement, storage, and maintenance of refuse and recycling polycarts:

(i)

All refuse must be placed in sealed, leak proof plastic bags and contained in the appropriate polycarts as provided by the City and/or their representative with the lids completely closed to prevent the disbursement of trash though such means as weather events or by animals. In the event the refuse will not fit in its entirety within the polycart, such refuse shall be transported from the location by such time the occupants of the short-term rental depart the premises. Additional polycarts may be obtained for an additional fee. All refuse and recycling polycarts shall be placed at the prescribed locations at 6:45 a.m. on the day of their scheduled collection. It shall be unlawful for any customer to place any refuse or recycling polycarts at the prescribed location prior to 7:00 p.m. the day before the scheduled collection. All polycarts shall be collected from their prescribed location no later than 9:00 p.m. on the collection day. The owner and/or local emergency contact shall be responsible for the placement, storage, and maintenance of refuse and recycling polycarts.

(j)

Other restrictions. It is unlawful:

(i)

To promote, advertise or offer a short-term rental without first registering, by this Section, the property in which the rental is to occur; any type of documented advertisement of the subject property as a short-term rental, online or offline, shall be considered evidence of a violation of this Ordinance;

1)

To operate a short-term rental that does not comply with all applicable city, state and federal laws and codes;

2)

To operate a short-term rental without paying the required hotel occupancy taxes or such other fees and charges legally collectible by a governmental entity;

3)

To operate a short-term rental without a Specific Use Permit (SUP) approved by the City Council;

4)

To operate a short-term rental without insurance coverage of a minimum of $1 million;

5)

To offer or allow the use of a short-term rental for the sole or primary purpose of having a party, social or entertainment venue, or otherwise requires a permit or license pursuant to the city ordinance, state law, or rule for a retail, restaurant, banquet space or other similar use;

6)

To fail to include a written prohibition against the use of a short-term rental for having a party, social, or entertainment venue in every advertisement, listing, or other publication offering the premises for rent;

7)

To fail to provide an explanation of occupancy restrictions, parking restrictions, use restrictions and solid waste collection procedures in the lease/rental agreement, as well as any penalties for violations;

8)

To permit the use of short-term rental for the purpose of temporary or transition housing for sex offenders; operating a structured sober, recovery, or other purpose living home or similar enterprise; selling illegal drugs; selling alcohol or another activity that requires a permit or license under the Texas Alcoholic Beverage Code; operating as a sexually oriented business; or otherwise using the short-term rental for any illegal activity as deemed by a governmental entity;

9)

For an owner or person to rent or lease for less than twenty-four (24) hours;

10)

To park on unimproved surfaces, driveways, sidewalks, alleys, or other public rights-of-way or public property; and/or

11)

To advertise, offer to rent, lease, sublease, license, or sublicense a portion of the premise. A short-term rental operator may not simultaneously rent the premise to two (2) or more parties.

(k)

Brochure, safety and security features:

(i)

Informational brochure. Each registrant operating a short-term rental shall provide guests a brochure that includes the following:

1)

The registrant's 24-hour contact information;

2)

A local emergency contact's 24-hour contact information if the owner is not within twenty (20) miles when guests are renting the premises;

3)

The overnight and daytime occupancy limits for the short-term rental premise;

4)

Pertinent neighborhood information including, but not limited to, parking restrictions, restrictions on noise and amplified sound, and refuse collection procedures and schedules;

5)

Use of the short-term rental premise for the purpose of having a party, social, or entertainment venue is prohibited;

6)

Information to assist guests in the case of emergencies posing threats to personal safety or damage to property, including emergency and non-emergency telephone numbers for police, fire, and emergency medical service providers and instructions for obtaining severe weather, natural, or manmade disaster alerts and updates; and

7)

In the event any information contained within the informational brochure is no longer valid, the corrected information should be included therein the sooner of (i) thirty (30) days of when the information was no longer valid; or (ii) the first renting of the premises after the information is no longer valid.

(ii)

Safety features. Each short-term rental registrant shall provide, in the premises, working smoke detectors and/or carbon monoxide alarms in accordance with adopted codes, and one working fire extinguisher. The premises shall otherwise comply with applicable City of Waxahachie Code of Ordinance requirements, including but not limited, to Building and Fire Codes.

(iii)

Security features. Each short-term rental registrant shall provide functional security cameras that monitor and record, at a minimum, the primary entrances and exits of the premises. Recordings must be saved, maintained and available for viewing for a minimum of sixty (60) days.

(l)

Registration terms, fees, and renewal:

(i)

All registrations approved under this Ordinance shall be valid for a period of one (1) year from the date of issuance unless revoked or suspended.

(ii)

The registration fee for a short-term rental shall be paid, with a late fee of one and one half (1.5) times the established fee if applicable, in addition to the registration fee.

(iii)

The registration fee is non-refundable and non-transferable.

(iv)

Upon receipt of an application for renewal of the registration, the Administrator or their designee may deny the renewal if there is reasonable cause to believe that:

1)

The registrant has plead no contest to, plead guilty to or been convicted of a violation of any ordinance of the city, state, or federal law on the premises or has permitted such a violation on the premises by any other person or failed to otherwise abide by the terms of this Ordinance including, but not limited to, paying taxes, fees or other charges legally chargeable by a governmental entity; or

2)

There are grounds for suspension, revocation, or other registration sanction as provided in this Section; or

3)

A previous violation of this Ordinance within the previous 12-month time period.

(m)

Violations and penalties:

(i)

Violation of this Ordinance upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars($2,000.00) for each offense, and each and every day such violation shall continue to be deemed to constitute a separate offense. Warnings, citations, and revocations may be issued to short-term rental premise owners, operators, lessors, agents, occupants, tenants, and/or guests, depending on the nature of the violation. Short-term rental premise owners are ultimately responsible for compliance with the requirements and restrictions imposed upon a short-term rental by this Section and for the conduct of their dwelling operators, lessors, agents, occupants, tenants, and guests, regardless of whether the owners are present at the short-term rental premise.

(n)

Suspension and revocation of short-term rental registration:

(i)

The Administrator, or their designee, may suspend and/or revoke a short-term rental registration if: It is determined the activities set forth have occurred at the short-term rental; or a short-term rental unit is listed on a hosting platform or advertised elsewhere without being registered, or is perpetuating conditions interfering with the use and enjoyment of properties within its vicinity; or is delinquent in filing or payment with the City of Waxahachie.

(ii)

Conditions interfering with use and enjoyment of properties within the vicinity of a short-term rental include, but are not limited to:

1)

The occurrence of any of the activities set forth in the City of Waxahachie Code of Ordinances including, but not limited to, noise disturbance, nuisance, drug offenses, or disorderly conduct;

2)

Occupancy by a number of short-term rental users exceeding either 1) the maximum number included in the application for the short-term rental permit or 2) the maximum occupancy permitted pursuant to this chapter;

3)

Parking of motor vehicles exceeding either 1) the maximum number included in the application for the short-term rental permit or 2) the maximum number of motor vehicles permitted at any short-term rental pursuant to this section;

4)

Uninvited entry of short-term rental occupants upon private property within 500 feet of the short-term rental;

5)

Knowingly or intentionally allowing the use of a short-term rental for a special event that would otherwise require a permit by city ordinance, state law, or rule for a retail, restaurant, banquet space, or other similar use; and/or

6)

Knowingly or intentionally housing a sex offender, allowing offenses related to adult-oriented businesses, or operating a sober living home.

(iii)

In addition to Section 3.27, a violation of any of the conditions within a twelve (12) month time period shall result in progressive enforcement:

1)

Upon the first violation, the owner shall receive a written notice of violation that includes a description of enforcement for future violations, and subject to a fine up to five hundred dollars ($500.00).

2)

Upon the second violation, the owner shall receive a written notice of violation that includes a description of enforcement for future violations, and subject to a fine up to one thousand dollars ($1,000.00).

3)

Upon the third violation, the registration for the short-term rental shall be terminated, and the short-term rental host will be prohibited from re-applying for a new registration for six (6) months from the date of termination and subject to a fine up to two thousand dollars ($2,000.00).

(iv)

During the time period that a short-term rental registration is suspended or revoked, it shall be unlawful to advertise, offer to rent or rent, lease, sublease, license or sublicense the residential property, within the city as a short-term rental.

(o)

Physical conversion of premises prohibited:

(i)

It shall be unlawful for an owner or operator or any person to convert a garage to a living space, remodel, renovate, enlarge or otherwise modify premises to add additional bedrooms for use as a short-term rental.

(ii)

It shall be unlawful for an owner, operator or any person to pave or otherwise cover previous soil to create additional on-premises parking without the prior approval of the City of Waxahachie.

(p)

Appeal of denial, suspension or revocation of registration:

(i)

In the event, an applicant has been denied registration, or if a registration has been suspended or revoked, the party affected shall have the right to appeal to the City Council from such denial, revocation, or suspension within ten (10) business days. Notice of appeal shall be filed with the Administrator. The Administrator shall provide for a hearing with the City Council on the appeal in accordance with the provisions of this Section. The burden of proof in such an appeal shall be upon the appellant to show the denial or revocation was arbitrary or unreasonable.

(q)

Enforcement:

(i)

The owner of an existing short-term rental, as of October 16, 2023, must receive an approved Specific Use Permit (SUP) and complete the registration process no later than May 31, 2024, to continue to operate the short-term rental.

1)

The SUP for a short-term rental is non-transferrable. If a SUP was previously approved for a property and there has been a change in ownership, the new owner(s) shall not operate the residence as a short-term rental until a new SUP has been approved and registration is completed. The SUP is attached to the property owner and not the land.

2)

All properties located within the Central Area (CA) zoning district are exempt from seeking a SUP approval as the short-term rental use is allowed by right; however, must complete the registration process no later than May 31, 2024.

(ii)

The owner of an existing short-term rental, as of October 16, 2023, who have not received an approved SUP and have not completed the registration process by the end of business day, May 31, 2024, shall cease all operations immediately.

(iii)

The owner of a new short-term rental, as of or after October 16, 2023, shall adhere to section 3.27.

(r)

Use Charts: (Exhibit B).

(Ord. No. 3414, § 2(Exh. A), 10-16-23; Ord. No. 3661, §§ 5, 6, 9-2-25

Editor's note— Exhibit B to Ord. No. 3414, adopted Oct. 16, 2023, as amended, is not set out herein but is available in the office of the city secretary. The user's attention is directed to Section 4.03, Use Charts for provisions included in Exhibit B.