HomeMy WebLinkAboutOrd 873 Amending Chapter 18 Adding Article V Short Term Rentals Section 18-111 to Section 18-112 Prohibiting Short Term Rentals ORDINANCE 873
AN ORDINANCE OF THE TOWN OF WESTLAKE TOWN COUNCIL AMENDING
CHAPTER 18, ADDING ARTICLE V SHORT TERM RENTALS, SECTION 18-111 TO
SECTION 18-112, ADDING A DEFINITION FOR SHORT-TERM RENTALS AND
ESTABLISHING A PROHIBITION AGAINST SHORT-TERM RENTALS; PROVIDING
A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake is authorized to adopt and enforce ordinances
necessary to protect health, life, and property to preserve good government and the security of its
inhabitants; and
WHEREAS, Chapter 102 of the Code of Ordinances of the Town of Westlake provides
for the types of Zoning Districts; and
WHEREAS, the Town Council of the Town Westlake wishes to define the term "short-
term rental" under the Code of Ordinances; and
WHEREAS, short-term rentals are not currently listed as a permitted use in any Zoning
District within the Town; and
WHEREAS, there has been a growing number of short-term rentals within residential
areas of the Town; and
WHEREAS, short-term rentals are not consistent with the character or nature of single-
family residential uses in the Town; and
WHEREAS, short-term rentals are not suitable in residential neighborhoods, are not
compatible with residential uses, and the neighborhood adjacency of short-term rentals in
residential neighborhoods is harmful; and
WHEREAS,in the absence of being listed as a permitted use in any Zoning District, short-
term rentals are prohibited under the Town's Zoning Ordinance; and
WHEREAS, short-term rentals in the Town of Westlake, with their attendant increases in
traffic, parking, noise, litter, and the influx of strangers into residential areas is incompatible with
the intent of residential districts in the Town and the desires and expectations of the Town's
residents and is contrary to the long-standing character of the community; and
WHEREAS, short-term rentals in residential areas of the Town pose a risk of increased
public nuisances, disruption of neighborhoods, and additional enforcement related issues; and
Ordinance 873
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WHEREAS,the increase in calls for service attributable to short-term rentals in residential
areas of the Town result in an additional burden on the Police Department; and
WHEREAS, the Town of Westlake Town Council has determined that it is a necessity to
prohibit short-term rentals as provided for herein to safeguard the public; and
WHEREAS,the Town of Westlake is authorized by law to adopt the provisions contained
herein; and
WHEREAS, the Town Council of the Town of Westlake deems the passage of this
ordinance as necessary to protect the public, health, safety, and welfare; and
WHEREAS,all statutory and constitutional requirements for the passage of this ordinance
have been adhered to, including, but not limited to the Open Meetings Act; and
WHEREAS, the Town Council is authorized by law to adopt the provisions contained
herein, and has complied with all the prerequisites necessary for the passage of this Ordinance,
including but not limited to the Open Meetings Act.
WHEREAS, the Town Council of the Town of Westlake, Texas, is of the opinion that it
is in the best interests of the town and its citizens that the amendments to the Code of Ordinances
should be approved and adopted.
NOW,THEREFORE,BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct and
are incorporated herein as if copied in their entirety.
SECTION 2: That Chapter 18 Buildings and Building Regulations Article V, Short Term
Rentals , Sections 18-111 through 18-130 of the Town of Westlake Code of Ordinances, as
amended, is hereby amended as follows.
Section 18-111 Definitions.
"Short-term rental—The rental or offer for rental of a rental unit for a period of less than 30 days.
Leaseback—An arrangement where the seller of a home leases the home back from the purchaser.
In a leaseback arrangement, the specifics of the arrangements are typically made prior or
immediately after the sale of the home."
Ordinance 873
Page 2 of 4
Section 18-112 Short-term rentals prohibited.
Short-term rentals are hereby prohibited and unlawful within the Town of Westlake. This shall not
restrict, limit or interfere with any homeowner from participating in a leaseback upon the sale of a
rental unit."
Reserved Sections 18-113—18-130
SECTION 3: That in order to allow for a reasonable transition of uses and to allow for ample
opportunity for the recovery any short-term rental owner(s)' investment-backed expectations, the
short-term rental prohibition will not be enforced for a period of six(6)months following the approval
of this Ordinance. Further that all ordinances or any parts thereof in conflict with the terms of this
ordinance shall be and hereby are deemed repealed and of no force or effect.
SECTION 4: That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of
the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of
Two Thousand Dollars ($2,000.00) or Five Hundred ($500.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 5: That any person violating any provision of this Chapter may be issued a
citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and
punished as provided in subsection 1-9 of the Code of Ordinance of the Town of Westlake. Each
24-hour period of violation, and each separate act or condition in violation of this Chapter, shall
constitute a separate offense.
SECTION 6: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas,that sections,paragraphs, clauses and phrases of this Ordinance are severable,
and if any phrase, clause, sentence,paragraph or section of this Ordinance shall be declared legally
invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this Ordinance since the same would have been enacted by
the Town Council of the Town of Westlake without the incorporation in this Ordinance of any
such legally invalid or unconstitutional, phrase, sentence, paragraph or section.
Ordinance 873
Page 3 of 4
SECTION 7: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 10TH DAY OF DECEMBER 2018.
ATTEST: Laura Wheat, Mayor
• a; _ /L `I Ar
Kell Edw A ds, Town Secretary 110+ OF WEST Thomas E. Br er own Manager
APPROVED AS TO FORM: * : . 11‘' : m
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L. Stanton Lowry, Town Attorney '� ,
Ordinance 873
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i ,
Star-Telegram
MEDIA
Arlington Citizen-Journal I The Keller Citizen I La Estrella
Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram
star-telegram.com 1809 Throckmorton St.I Ft Worth,Tx.761024315 1800.776.7827
AFFIDAVIT OF PUBLICATION
Account 0 Ad Number Identification 'C Pmount Cols Deptn
603646 0003997994 ORDINANCE 873 AN ORDINANCE OF THE TOV 5439.20 • 35.30 Li
Attention: THE STATE OF TEXAS
TOWN OF WESTLAKE County of Tarrant
1500 SOLANA BLVD 7TH FLR BULD 7200
ROANOKE. TX 76262 Before me, a Notary Public in and for
said County and State,this day
personally appeared CHRISTINE
ORDINANCE 873
AN ORDINANCE OF THE TOWN OF ORDINANCE 873 LOPEZ, Bid and Legal Coordinator
WESTLAKE TOWN COUNCIL AN ORDINANCE OF THE TOWN OF for the Star-Telegram, published by
AMENDING CHAPTER 18, ADD- WESTLAKE TOWN COUNCIL
ING ARTICLE V SHORT TERM AMENDING CHAPTER 18, ADD.-
RENTALS, SECTION 18-111 TO ING ARTICLE V SHORT TERM the Star-Telegram. Inc.at Fort Worth.
SECTION 18-112, ADDING A RENTALS, SECTION 18-111 TO in Tarrant County.Texas; and who,
DEFINITION FOR SHORT-TERM SECTION 18-112, ADDING A
RENTALS AND ESTABLISHING DEFINITION FOR SHORT-TERM after being duly sworn,did depose
A PROHIBITION AGAINST RENTALS AND ESTABLISHING
SHORT-TERM RENTALS; PRO- A PROHIBITION AGAINST and say that the attached clipping of
VIDING A PENALTY; PROVID- SHORT-TERM RENTALS; PRO-
ING A CUMULATIVE CLAUSE; VIDING A PENALTY; PROVID- an advertisement was published in
PROVIDING A SEVERABILITY ING A CUMULATIVE CLAUSE; on the listed
the above named
CLAUSE; PROVIDING A SAV- PROVIDING A SEVERABILITYpaper
INGS CLAUSE; AUTHORIZING CLAUSE; PROVIDING A SAV- dates:
PUBLICATION; AND ESTAB INGS CLAUSE; AUTHORIZING
LISHING AN EFFECTIVE DATE. PUBLICATION; AND ESTAB-
SECTION 4: That any person, LISHING AN EFFECTIVE DATE.
firm or corporation violating any SECTION 4: That any person,
of the provisions or terms of
this ordinance shall be subject firm or corporation violating any
of the provisions or terms of
to the same penalty as provided2 Insertion(s)
for in the Code of Ordinances of this ordinance shall be subject
the Town of Westlake,and upon to the same penalty as provided
conviction shall be punishable for in the Code of Ordinances of Published On
by a fine not to exceed the sum the Town of Westlake,and upon
of Two Thousand Dollars conviction shall be punishable December 14,2018,December 15,
($2,000.00) or Five Hundred by a fine not to exceed the sum
($500.00) for each offense. of Two Thousand Dollars 2018
Each day that a violation is per- ($$2,000.00) or Five Hundred
mitted to exist shall constitute ($$500.00) for each offense.
a separate offense. PASSED Each day that a violation is per-
AND APPROVED ON THIS 10TH mitted to exist shall constitute
DAY OF DECEMBER 2018. a separate offense. PASSED
DAYY OAPROVED F DECCEMBEOR N 2018.THIS 10TH
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(Pnncipal Clerk)
SUBSCRIBED AND SWORN TO
BEFORE ME, THIS 19th day of
December in the year of 2018
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