San Marcos Development Code (effective Nov. 3, 2021)

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C H A P T E R

Use Regulations

3. Hold a valid shor t term rental registration with the City pursuant to Chapter 34 of the City Code. 4. Not include rentals where the length of stay of any individual is 30 or more consecutive days during the calendar year; and 5. Not permit more than two adult guests per bedroom offered for accommodation or lodging of guests plus an additional 2 adults. C. Related Provisions. Use of proper ty for shor t term rentals as an accessory use is subject to compliance with provisions governing licensing and regulation of such uses under Chapter 34 of the City Code and may be suspended or revoked for non compliance. D. Sunset Review - Short term rental provisions. The provisions of this Chapter per taining to shor t term rentals, including the provisions in Section 5.1.1.2, shall be reviewed by the City Council within one year of the adoption of Ordinance No. 2017 37. Those provisions are subject to amendment or repeal upon such review or at any other time. The adoption of the shor t term rental provisions of this Chapter shall not be construed to create any enforceable right to the continuation of shor t term rentals or any right to compensation for loss, damage, costs, or expenses alleged to have been incurred in reliance upon its adoption or suffered as a result of its repeal.

irrespective of whether they existed and constituted permitted non-conforming uses immediately prior to the effective date of this development code, must be registered with the City pursuant to Chapter 34, Ar ticle 7 of the City Code. C. Proof of Occupancy. Prima facie proof of occupancy of a dwelling unit by more than two unrelated persons is established in any prosecution for violation of this section if it is shown that the same three or more vehicles with registrations to persons having different surnames and addresses were parked overnight a majority of nights in any 21-day period. This establishment of a prima facie level of proof in this subsection does not preclude a showing of “occupancy” of a dwelling unit by a person in any other manner. D. Responsibility for Compliance with Occupancy Restrictions. The proper ty owner and any agent of the proper ty owner shall be legally responsible for directly or indirectly allowing, permitting, causing, or failing to prohibit the occupancy of a dwelling unit by more than two unrelated persons. Section 5.1.4.2 Single Family Detached / Tiny Home A. Defined. One dwelling unit in a single principal structure located on one lot; may also contain an accessory unit in accordance with Section 5.1.3.2. 1. Tiny Home. A dwelling unit that is 400 square feet or less in floor area excluding lofts. Tiny Home and Tiny House shall have the same meaning. B. Use Standards. Where single family detached uses are limited, occupancy is restricted to a family and up to one other person who is not related to any of the other family members by blood, legal adoption, marriage, or conservatorship. Section 5.1.4.3 Cottage Court A. Defined. Up to nine lots each with one detached principle dwelling unit surrounding a common cour tyard and may include common parking areas. B. Use Standards. Where cottage cour ts are allowed as a limited use the following standards apply: 1. Occupancy of each unit is restricted to a family and up to one other person who is not related to any of the other (Ord. No. 2020-60, 9-1-2020)

Division 4: RESIDENTIAL USES

Section 5.1.4.1 Household Living

A. Defined. Residential occupancy of a dwelling unit by a household. Household living includes the following.

1. Single family detached, cottage cour t, two-family, single family attached, small multi-family, cour tyard housing, multi-family(10 units or more).

2. Purpose-Built Student Housing.

3. Manufactured home.

4. Mobile home community.

B. Use Standards. All household living uses within the City where the proper ty is rented to and occupied by persons other than the proper ty owner for a time period greater than 30 days,

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San Marcos Development Code Amended: November 3, 2021