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Ord 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 Page 1 of 4 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 FN , 11 1 Fx As ,�.,� L. Stanton Lowry, Town Attorney '� , Ordinance 873 Page 4 of 4 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 ''' if2:-61-- (Pnncipal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME, THIS 19th day of December in the year of 2018 mi dit; .r Notary ' blic- iZ -,=..'.FSc._ STEFAN I SCOTT BEARD 1 :.:��' *: p,.vy Notary ID#i3176E951'-^y4.o 4: Expires Gctobsr 23,2C22