Short term rentals face new regulations

Short term rentals in the city of Wimberley could be facing new regulations after the Wimberley Planning and Zoning Commission recommended approval of a new ordinance to be voted on by the city council.

The commission voted against including the most impactful new regulation. The Short Term Rental Committee recommended that all Conditional Use Permits for short term rentals be renewed annually. The Planning and Zoning Commission debated removing the fee associated with the renewal before voting to remove the renewal process altogether. The STR Committee recommended that CUPs for short term rentals be required to renew annually. If it is not renewed, the CUP would be revoked.

Members of the commission said that other CUPs, such as a Conditional Use Permit for a bar or a restaurant, do not renew annually. They are given in perpetuity.

Phil Collins, who was on the STR Committee, said it was important to keep the renewal process because “that renewal is the only chance to check and make sure” property owners are in compliance with specific regulations.

The city council will still have the opportunity to include or remove the renewal policy and any associated fees.

Beyond the annual renewal, most of the changes offered in the ordinance are considered “clean up.” Many of the requirements in the current ordinance regulating Vacation Rentals and Bed and Breakfasts are not enforceable the way they are currently written, according to City Attorney Charles Zech.

“Quite honestly for people who own short term rentals, with the exception of the annual renewal requirement and now the fact that the people who are currently grandfathered will have to go through the annual renewal period, is actually less onerous than what is in existence now,” Zech said.

When considering approval of a CUP, the new ordinance would ask the committee to take the following list under consideration:

• The impact of potential transient lodging activity on any surrounding residential properties

• The area and the impact of STR lodging activities on the area

• The incremental environmental impact of the STR

• Privacy fencing, landscaping, and natural noise barriers on the STR property that are appropriate for the protection of any abutting uses

• Any other factors in the City’s Comprehensive Plan deemed appropriate and consistent with the City’s zoning authority

The Wimberley City Council is expected to discuss the ordinance at the April 18 meeting.