P&Z denies short-term rental ordinance

During its Aug. 15 meeting, the Waxahachie Planning and Zoning Commission denied an ordinance that would bring regulations to short-term rentals in Waxahachie.

The 10-page proposed ordinance sought to regulate short-term rentals by requiring them to apply for a specific use permit, which are approved on a case-by-case basis by the Planning and Zoning Commission and Waxahachie City Council, and to file registration annually with the city. The ordinance would allow STRs within any zone with an SUP. It also limits the maximum amount of occupancy (10 people) and the number of vehicles at the residence (one off-street parking space per bedroom; no more than five spaces).

The ordinance would give all current STRs six months from adoption to go through the SUP and registration process. Jennifer Pruitt, senior director of planning, said the city has looked into a third-party program that would help the city track which STRs are in compliance with the ordinance.

According to the ordinance, a violation would be issued if STRs fall into one of the following six conditions: occurrence of activities violating ordinances including noise disturbance, nuisance, drug offenses, and more; exceeding the maximum number of occupancy; exceeding the maximum number of parked motor vehicles; entering private property uninvited within 500 feet of the STR; intentionally allowing the STR to be used for a special event that requires a permit from the city; and intentionally housing a sex offender, allowing offenses related to adult-oriented businesses or operating a sober living home.

The first violation would be a warning, with additional violations incurring temporary termination and fines.

“Upon the fourth violation, the registration for the short-term rental shall be terminated,” the proposed ordinance reads. “The short-term rental host is prohibited from re-applying for a new registration at any time in the future and is subject to a fine of up to $2,000.”

The proposed ordinance comes after several workshops of discussion since the end of June, including a recent one Aug. 11 that saw residents speak for and against STRs. During its July 19 meeting, the council passed an ordinance that temporarily bans new STRs and current STRs determined to be a nuisance. The ordinance passed July 19 expires Oct. 1, 2023.

Three residents spoke against the ordinance at the Aug. 15 meeting, stating they felt it was not the best solution to the problem. Mike McCorkle recommended using the time the temporary ordinance is in place as time for the city to dive deeper into the issue. He felt the proposed ordinance would continue to put pressure on the neighbors of STRs, requiring them to give the city proof of violations.

Commission members Erik Test, Bonnie Ramsey and Betty Square Coleman said they felt they had not been given adequate time and information to vote on the ordinance. Commission members Ron Ansell and Rick Keeler said they could see the hours of work and consideration that had gone into the ordinance and felt it was better to put an ordinance in place and amend it later than to not pass anything at all.

The matter will now be presented to the city council at its Aug. 21 meeting. With the P&Z’s denial, the item would need a supermajority vote (four of five council members voting their approval) for it to pass.

The city has estimated from 75 to 85 STRs are operating in Waxahachie.

Originally published August 17, 2023 - https://www.waxahachiesun.com/business/p-z-denies-short-term-rental-ordinance/article_a69ad91c-3d50-11ee-a4e5-5fb631751f3e.html