17 C20-2024-014 Short-Term Rental Modifications Draft Ordinance Chapter 25-2 Zoning — original pdf

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WORKING DRAFT AND SUBJECT TO CHANGE – 1/10/2025 ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE CHAPTER 25-2 RELATED TO SHORT-TERM RENTAL USE AND REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART X. City Code Chapter 25-2, Subchapter C, Article 4, Division 1, Subpart C (Requirements for Short-Term Rental Uses) and City Code Section 25-2-950 (Discontinuance of Nonconforming Short-Term Rental (Type 2) Uses) are repealed. PART X. Subsection (D) of City Code Section 25-2-773 (Duplex, Two-Unit, and Three- Unit Uses) and Subsection (M) of City Code Section 25-2-779 (Small Lot Single-Family Residential Use) are repealed. PART X. Subsection (C) of City Code Section 25-2-1463 (Secondary Apartment Regulations) is amended to read: § 25-2-1463 SECONDARY APARTMENT REGULATIONS. (C) The secondary apartment: (2) must be located: (1) must be contained in a structure other than the principal structure; at least 10 feet to the rear or side of the principal structure; or (a) (b) above a detached garage; (3) may be connected to the principal structure by a covered walkway; (4) may not exceed a height of 30 feet, and is limited to two stories; (5) may not exceed: (a) 1,100 total square feet or a floor-to-area ratio of 0.15, whichever is smaller; and (b) 550 square feet on the second story, if any. [; and] [(6) may not be used as a short term rental for more than 30 days in a calendar year if the secondary apartment was constructed after October 1, 2015.] PART X. The description of “Short-Term Rental Use” in City Code Section 25-2-3 (Residential Uses Described) is amended to read: § 25-2-3 RESIDENTIAL USES DESCRIBED. 1/10/2025 9:49 AM Chapter 25-2 STR Regulations Page 1 of 2 COA Law Department 17 C20-2024-014 - STR Modifications1 of 2WORKING DRAFT AND SUBJECT TO CHANGE – 1/10/2025 (10) SHORT-TERM RENTAL use is the rental of a housing unit or a portion of a housing unit [residential dwelling unit] for a period of less than 30 consecutive days [or accessory building, other than a unit or building associated with a group residential use, on a temporary or transient basis in accordance with Article 4, Division 1, Subpart C (Requirements for Short-Term Rental Uses) of this chapter.] The use does not include an extension for less than 30 consecutive days of a previously existing rental agreement of 30 consecutive days or more or [. The use does not include] a rental between the parties to the sale of that housing unit [residential dwelling unit]. PART X. The table in Subsection (C) of City Code Section 25-2-491 (Permitted, Conditional, and Prohibited Uses) is amended to remove “Short-Term Rental Use” from the table. PART X. Article 5 (Accessory Uses) of City Code Chapter 25-2 (Zoning) is amended to add a new Section 25-2-904 to read: § 25-2-904 SHORT-TERM RENTAL USE. (A) Short-term rental use is subject to the requirements of this section and is allowed as an accessory use to a residential use in all base zoning districts, special purpose districts, and combining and overlay districts. (B) Short-term rental use cannot be prohibited. (C) A person must obtain an operator’s license as set out in Chapter 4-23 (Short-Term (D) This section controls over a conflicting provision in City Code or uncodified PART X. This ordinance takes effect on _________________, 2025. Rentals). ordinance. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 1/10/2025 9:49 AM Chapter 25-2 STR Regulations Page 2 of 2 COA Law Department 17 C20-2024-014 - STR Modifications2 of 2