Ord 2017-037/consider revisions to Subpart B of the City’s Code of Ordinances (Land Development Code) amending Chapter 4 (Zoning Regulations) in order to regulate short-term rentals

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Home Share Rental means a primary residence having fewer than five bedrooms, or portion thereof, used for lodging accommodations to guests for a period of less than 30 consecutive days. A home share rental does not include a bed and breakfast inn as defined in the City's Land Development Code, Subpart B of the City's Code of Ordinances. Hotel Occupancy Tax means the hotel occupancy tax required to be assessed and collected for the operation of any home share rental and paid pursuant to Chapter 351 of the Texas Tax Code. Landlord means the owner, landlord, operator, and lessor, management company, managing agent or on-site manager of a rental unit or multi-family dwelling unit. Local responsible party means an individual located in the City of San Marcos while a home share rental is being rented and who has access to the premises and is authorized to make decisions regarding the premises. Multi family unit (MFU) means any building or portion thereof which is designed,built, rented, leased, or let to be occupied as three or more dwelling units or apartments. The term shall not include hotels, motels, nursing facilities, or assisted living units. Occupant means any individual living or sleeping in a building, or having possession of a space within a building. This includes,but is not limited to,persons that reside at a residence the majority of 21 calendar days, regardless if that person pays rent or provides in-kind services. The person is not required to have a lease, contract or other legal document to be considered an occupant. Owner means any person, agent, operator, film, 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. Owner-occupied rental unit a dwelling unit in which at least one owner of record of the property resides as his/her primary dwelling. Premises means property, a lot,plot or parcel of land, easement or public way, including any structures thereon. Primary Residence means the usual dwelling place of the owner or tenant of a residential dwelling and is documented as such by at least two of the following: motor vehicle registration, driver's license, Texas State Identification card, voter