GENERAL

San Antonio City Code ch. 16, art. XXII, div. 1

in effect

San Antonio City Code § 16-1100 Purpose.

Sec. 16-1100. - Purpose. The purpose of this article is to establish regulations for the protection of the health and safety of occupant(s) of short term rental properties, and to protect the integrity of the neighborhoods in which short term rental properties operate. (Ord. No. 2018-11-01-0858, § 2, 11-1-18; Ord. No. 2024-06-13-0433, § 2, 6-13-24)

San Antonio City Code § 16-1101 Definitions.

Sec. 16-1101. - Definitions. As used in this article the following words and phrases shall have the definitions ascribed to them by this section: Agent means a person designated by the short term rental operator in lieu of themselves as the 24-hour emergency contact for a lawfully operating short term rental Bed and Breakfast shall be as defined in City Code of San Antonio, Texas, chapter 35, appendix 'A'. City housing incentive means any monetary payment or concession provided by the City of San Antonio which has the expressed purpose of spurring or encouraging the development of housing, whether affordable or not, or redevelopment in the City of San Antonio. Cooking facilities means a room or space designed to prepare meals. This space shall include, at a minimum, an operational refrigerator, microwave oven or stove, and sink. A hot plate shall not satisfy the requirement for a cooking facility. Director means the director of development services and/or his designee. Occupant means the person(s) who have lawfully obtained the exclusive use and possession of the short term rental property or portion thereof from its operator, and the guest(s) of such person(s). Operator means any person who operates a short term rental, as defined in this article. For purposes of this article, a lessee of a unit, when expressly permitted in writing by owner, may serve as operator of a short term rental. Operator occupied means a property lessee, as reflected in a valid lease agreement, and with the express permission of the property owner, who makes his or her legal residence at the site or in the unit, as evidenced by vehicle registration, or similar means. Owner means the person or entity that holds legal and/or equitable title to the private property. Owner occupied means a property owner, as reflected in title records, who makes his or her legal residence at the site or in the unit, as evidenced by homestead exemption, vehicle registration, or similar means. Quiet hours means the hours between ten o'clock (10:00) p.m. and six o'clock (6:00) a.m., Sunday through Thursday, and between eleven o'clock (11:00) p.m. and six o'clock (6:00) a.m., Friday and Saturday. Noise shall not exceed sixty-three (63) decibels on residential zoned property as defined by chapter 35 (Unified Development Code), when measured from property under separate ownership. Short term rental shall be as defined in City Code of San Antonio, Texas, chapter 35, appendix 'A'. Short term rental permit means the permit issued by the city that identifies the subject property as a lawful short term rental, the short term rental permit number, the names and contact information of the owner, operator, and agent if applicable, and 24-hour emergency contact phone for at least one of the preceding. Short term rental platform means a person or entity that provides a means through which an owner or operator may offer a dwelling unit, or portion thereof, for short term rental use, and from which the person or entity financially benefits. Sleeping area means a room or space within a dwelling designed or used for sleeping, including a bedroom. Tents, hammocks, recreational vehicles and/or other vehicles and outdoor areas shall not be considered a sleeping area. (Ord. No. 2018-11-01-0858, § 2, 11-1-18; Ord. No. 2024-06-13-0433, § 2, 6-13-24)

San Antonio City Code § 16-1102 Authority of the director.

Sec. 16-1102. - Authority of the director. The director of development services (the "director") shall implement and enforce this chapter and may by written order establish such procedures, not inconsistent with this chapter or other city ordinances, rules, or regulations, or any county, state, or federal laws or regulations, as the director determines are necessary to discharge any duty under this chapter. (Ord. No. 2018-11-01-0858, § 2, 11-1-18; Ord. No. 2024-06-13-0433, § 2, 6-13-24)

San Antonio City Code § 16-1103 Permit required.

Sec. 16-1103. - Permit required. (a) No short term rental shall operate within the City of San Antonio without a current valid short term rental permit. (b) All individual units having cooking, sleeping, and bathing facilities, within common buildings, regardless of ownership, shall require a separate, individual permit for each unit intended to be used as a short term rental. (1) On residential properties which are not multi-family buildings (e.g., duplex, four-plex), a single individual unit, which is not owner occupied, but which is located on the same land parcel as an owner-occupied unit of common ownership as the non-owner occupied units shall be considered a (Type 1) short term rental unit. Additional non-owner occupied units in excess of this allowance on the same land parcel shall be considered (Type 2) short term rental units. (2) In a multi-family building, a single individual unit, which is not owner occupied, but which is located on the same land parcel as an owner-occupied unit of common ownership as the non-owner occupied units shall be considered a (Type 1) short term rental unit. Additional non-owner occupied units in excess of this allowance on the same land parcel shall be considered (Type 2) short term rental units. (3) No property shall be eligible to obtain short term rental permits by utilizing multiple block faces (e.g. a corner lot). All units on a lot must be assessed as being solely on one (1) block face. The street for which the STR unit is addressed on will determine the appropriate block face. (c) All platforms that display short term rental listings for properties in San Antonio shall require that all owners using the platform include a permit number in any listing for a short term rental on the platform. The city shall notify and request that a Short Term Rental Platform remove a listing from the platform if the short term rental listing lacks a permit number or the permit number is invalid, expired, or has been revoked. The notification must identify the listing(s) to be removed by its URL and state the reason for removal. The platform shall remove the listing within ten (10) business days. (Ord. No. 2018-11-01-0858, § 2, 11-1-18; Ord. No. 2024-06-13-0433, § 2, 6-13-24)

San Antonio City Code § 16-1104 Short term rental permit.

Sec. 16-1104. - Short term rental permit. (a) Application. Application for a short term rental permit shall be made either in writing or electronically. Upon submission of a complete application, the director of development services, or his designee, shall determine whether a unit is to be considered a (Type 1) or (Type 2). Providing false documentation shall result in a denial of the application and a one (1) year denial for subsequent applications for STR permits for that owner at that property. Application for a short term rental permit shall be accompanied by a one-time application fee of three hundred dollars ($300.00) for Type 1 and four hundred fifty dollars ($450.00) for Type 2 and shall include the following information, at a minimum: (1) A list of all owners, operators, and agents (if applicable) of the short term rental including names, addresses, current email address(es) of owner/operator, and telephone numbers. (2) A sketch or narrative describing the location of the available parking spaces as required by subsection 16-1108(b), Parking. (3) A sketch of the floor plan, which identifies sleeping areas, proposed maximum number of guests, evacuation route(s), location of fire extinguisher(s). If the short term rental has outdoor amenities, include the posted notice of Quiet Hours with the STR Permit. (4) The name, address and 24-hour telephone numbers of a contact person, who is the owner, operator, or designated agent and who shall be responsible and authorized to respond to complaints concerning the use of the short term rental. (5) A sworn, self certification that the owner of the short term rental has met and will continue to comply with the standards and other requirements of this article including, but not limited to: maintenance of insurance coverage of the unit or portions thereof in accordance with this article and obtaining annual independent inspections of required fire extinguishers in compliance with the city's current fire code. (b) Completeness of application. Applications shall not be considered complete until all documentation required under this article has been submitted, and until the full application and permit fees have been paid. Incomplete applications will not be accepted. Failure to provide all required information within forty-five (45) calendar days of submittal will result in a denial of the short term rental application and will forfeit the permit fee. (c) Acknowledgement by applicant. In connection with submission of the application, each applicant shall acknowledge that any permit granted by director under this article does not supersede any property-specific restrictions against short term rentals that may exist under law, agreement, lease, covenant or deed restriction. (Ord. No. 2018-11-01-0858, § 2, 11-1-18; Ord. No. 2024-06-13-0433, § 2, 6-13-24)

San Antonio City Code § 16-1104.01 Hotel occupancy tax ("HOT").

Sec. 16-1104.01. - Hotel occupancy tax ("HOT"). (a) Pursuant to section 31-70 of City Code, the owner or operator shall submit a monthly report of HOT to the City of San Antonio, even if the short term rental unit was not rented during any such month or participates on a platform that collects on their behalf. (b) Short term rentals are required to report HOT on or before the last day of the calendar month, following the reporting period. If you have no revenue for a reporting period, enter "0". Failure to report online HOT will result in penalty and interest fees and permit revocation. Failure to report zero revenue will result in penalty and interest fees and may result in permit revocation. Should the last day to file fall on a weekend or City of San Antonio official holiday, the report must be received no later than the next scheduled City workday, or penalty and interest will be applied. (c) A short term rental platform that collects state HOT in the City of San Antonio shall collect and remit to the City of San Antonio the applicable HOT for the City of San Antonio and Bexar County, as calculated on the amount the short term rental guest pays to the short term rental owner/operator. (d) A short term rental platform that does not collect state HOT in the City of San Antonio is not required to collect and remit to the City of San Antonio the applicable HOT for the City of San Antonio and Bexar County. A short term rental that does not have a short term rental platform collect and remit HOT to the City of San Antonio on their behalf is still responsible for collection and remittance of the applicable HOT for the City of San Antonio and Bexar County to the City of San Antonio. (e) All short term rentals located outside of the San Antonio city limits but inside Bexar County shall report and remit Bexar County HOT to the City of San Antonio. (f) In the event that the City of San Antonio no longer collects HOT on behalf of Bexar County, the city will provide a ninety-day notice to all short term rental platforms. (g) This section shall take effect ninety (90) days after enactment. (Ord. No. 2024-06-13-0433, § 2, 6-13-24)

San Antonio City Code § 16-1105 Expiration and renewal of permit.

Sec. 16-1105. - Expiration and renewal of permit. (a) Unless revoked by Director earlier pursuant to this article, a permit to operate a short term rental expires, as follows: (1) (Type 1) permits expire three (3) years after the date of issuance. (2) (Type 2) permits expire three (3) years after the date of issuance. (b) A permit holder shall apply for renewal prior to the expiration of the permit on a form provided by the director. The permit holder shall update the information contained in the original permit application required under section 16-1104 of this article or any subsequent renewals under this section, if any of the information has changed. The permit holder shall sign a statement affirming that there is either no change in the information contained on the original permit application and any subsequent renewal applications, or that any information that has been updated is accurate and complete. Complete applications for renewal received after the expiration of a current permit shall be treated as applications for a new permit, as described in section 16-1104. (c) The director shall follow the procedures set forth in this article when determining whether to renew a permit. (d) The fee for the renewal of a permit to operate a short term rental is three hundred dollars ($300.00) for Type 1 and four hundred fifty dollars ($450.00) for Type 2. (Ord. No. 2018-11-01-0858, § 2, 11-1-18; Ord. No. 2024-06-13-0433, § 2, 6-13-24)

San Antonio City Code § 16-1106 Non-transferability.

Sec. 16-1106. - Non-transferability. A permit to operate a short term rental is not transferable to another owner, unit or location. A permit holder may update the operator, agent, or 24-hour emergency contact name and contact information without submitting a new permit application. (Ord. No. 2018-11-01-0858, § 2, 11-1-18; Ord. No. 2024-06-13-0433, § 2, 6-13-24)

San Antonio City Code § 16-1107 Tiers.

Sec. 16-1107. - Tiers. (a) Short term rental (Type 1) regulations: This subsection applies to a short term rental use that is rented for periods of less than thirty (30) consecutive days; and property is owner or operator occupied. A short term rental use under this section may include the rental of less than an entire dwelling unit, if the following conditions are met: (1) A sleeping area must at a minimum include the shared use of a full bathroom; (2) The owner is generally present at the licensed short term rental property; (3) May not operate without a permit as required by section 16-1103, permit required. (b) Short term rental (Type 2) regulations. This subsection applies to a short term rental that is rented for periods of less than thirty (30) consecutive days; and is not owner or operator occupied. A short term rental use under this section may not: (1) Include the rental of less than an entire dwelling unit; (2) Operate without a permit as required by section 16-1103, permit required. If a permit for a short term rental (Type 2) use meets the requirements for renewal under section 16-1105 (expiration and renewal of permit) and the property received a city-issued notice of violation related to the life, health, or public safety of the structure, the property is subject to an inspection by the building official to determine if the structure poses a hazard to life, health, or public safety. (c) Accessory dwelling units used as short-term rentals must comply with chapter 35, section 35-371. (Ord. No. 2018-11-01-0858, § 2, 11-1-18; Ord. No. 2024-06-13-0433, § 2, 6-13-24)

San Antonio City Code § 16-1108 General standards.

Sec. 16-1108. - General standards. All short term rentals permitted pursuant to this chapter are subject to the following standard requirements: (a) Occupancy. The maximum number of persons, as indicated on the approved permit, allowed to reside in a short term rental shall be defined by the San Antonio Property Maintenance Code. (b) Parking. Shall comply with City Code Chapter 35, Unified Development Code with respect to required parking (see section 35-526). No required parking shall be permitted within public right-of-way or access easements as defined by City Code (see section 35-526) and state regulations regarding parking. The yard(s) shall not be utilized to provide the necessary parking. Properties that are unable to provide at least one (1) off street parking space may submit an application for a parking adjustment to the board of adjustment. (c) Insurance. The applicants shall keep, at a minimum, an insurance policy sufficient for personal injury liability of guests. (d) Life safety. (1) Short term rentals and structures where they are located shall conform to all applicable city-adopted codes, regulations, and ordinances. (2) A 2A:10B:C type fire extinguisher (a standard five-pound extinguisher) shall be properly mounted within 75 feet of all portions of the short term rental on each floor. (3) Smoke and carbon monoxide detectors shall be installed and conform to all applicable city-adopted codes, regulations, and ordinances. (4) Every sleeping area shall have at least one operable emergency escape and rescue opening per all applicable city-adopted codes, regulations, and ordinances. (5) An evacuation plan shall be posted conspicuously in each unit or permitted sleeping area. (6) Every bedroom/sleeping area in a short term rental that does not comply with this section shall not be used as a sleeping area and where equipped with a door, shall remain locked at all times when the dwelling is being used as a short term rental. Such a non-compliant sleeping area shall not be included in the maximum occupancy calculation as defined by the San Antonio Property Maintenance Code for the short term rental. The owner/operator shall notify every occupant, in writing, that the non-compliant sleeping area may not be used for sleeping. (e) Conduct on premises. (1) Short term rental operators shall be responsible for informing their occupants of all relevant city codes and occupants' liability for violations of same. (2) Excessive noise or other disturbance outside the short term rental is prohibited per chapter 21, article III of the Code of Ordinances. This includes, but is not limited to, decks, portals, porches, balconies, patios, hot tubs, pools, saunas or spas. For short term rentals that provide outdoor amenities, the operator shall provide notice in the outdoor space of required quiet hours, being the hours between ten o'clock (10:00) p.m. and six o'clock (6:00) a.m., Sunday through Thursday, and between eleven o'clock (11:00) p.m. and six o'clock (6:00) a.m., Friday and Saturday. (3) No overnight sleeping outdoors or outdoor sleeping spaces for rent. (f) Signage. (1) Signage shall be in compliance with the city's current sign code as well as any design, design review, and/or approval requirements for the zoning district in which the property is located. (2) All advertisements, including online or proprietary (website, app, or other technology) will include the short term rental permit number within the description or body for public reference. (g) Tenant indoor notification. The operator shall post in a conspicuous location of the dwelling the following minimum information: (1) Maximum number of occupants. (2) Location of required off-street parking, other available parking and prohibition of parking on landscaped areas. (3) Quiet hours and noise restrictions as defined per chapter 21, article III of the Code of Ordinances. (4) Restrictions of outdoor facilities. (5) Twenty-four-hour contact person and phone number. (6) Property cleanliness requirements. (7) Trash pick-up requirements, including location of trash cans. (8) Flooding hazards and evacuation routes. (9) Emergency numbers. (10) Notice that failure to conform to the occupancy and parking requirements is a violation of the City Code and occupant or visitor can be cited. (11) Short term rental permit, health department permit, and/or any other required permits, if applicable. (12) Hotel occupancy tax registration. (h) Emergency contact. The owner/operator of the short term rental shall provide the city with a twenty-four-hour contact number for the operator or a designated agent per section 16-1104, and shall provide timely updates to city of any changes thereto. Should a city official respond to the short term rental and issue a citation for any violation of city ordinances, the operator or their agent shall be called by the city official. The operator or their agent shall attempt to contact the occupants within one hour of the call to address the occupants about the complaints. Should a second complaint be filed and citation issued to any part of the occupants or guests, the owner/operator must take timely appropriate steps, in accordance with the individual rental agreement, to assure future complaints do not occur. (Ord. No. 2018-11-01-0858, § 2, 11-1-18; Ord. No. 2024-06-13-0433, § 2, 6-13-24)

San Antonio City Code § 16-1109 Inspections.

Sec. 16-1109. - Inspections. To ensure continued compliance with the requirements of this section a short term rental may be inspected in the following methods: (a) Inspections upon complaint or suspicion of a violation. The city may perform inspections when a violation is reported or suspected in accordance with established code enforcement procedures. (Ord. No. 2018-11-01-0858, § 2, 11-1-18; Ord. No. 2024-06-13-0433, § 2, 6-13-24)

San Antonio City Code § 16-1110 Enforcement/penalty.

Sec. 16-1110. - Enforcement/penalty. (a) A person commits an offense under this article if that person owns or operates a short term rental in the city without a valid permit. (b) Short term rental permits shall be revoked if three or more citations are accepted by the municipal court over three separate occasions, and are issued at a permitted property over a rolling three-year period, whether the citations are issued to the operator or any occupants. Subsequent findings of not guilty or not liable shall not be considered against the owner/operator. Failure to provide updated information to the city regarding designated agent or responsible party shall be a violation of this section. (c) Violation of any section of this article shall constitute an offense resulting in permit revocation in accordance with subsection 16-1111, revocation procedures in addition to administrative, criminal and/or civil adjudication. (d) Failure to timely pay any applicable hotel occupancy tax is a violation of this article, and shall result in permit revocation if arrearage is not paid within ninety (90) days of the issuance of a delinquency notice, in accordance with subsection 16-1111, revocation procedures. (e) Failure to successfully complete the renewal process of a short term rental permit is considered a violation of this article. (f) The provisions of this subsection are in addition to and not in lieu of any administrative, criminal, or civil prosecution or penalties as provided by local and state laws. (g) Violation of the terms and conditions of a short term rental permit under this article shall be punishable by a fine of not less than two hundred dollars ($200.00) but not more than five hundred dollars ($500.00) per occurrence. Penalties for other violations of the City Code shall be as applicable. Each day a violation of this article continues shall be considered a separate offense. Each day that a unit is occupied in violation of this article shall be considered a separate offense, and, upon conviction, shall be subject to a minimum fine of two hundred dollars ($200.00) to a maximum fine of five hundred dollars ($500.00) per violation, per day. (h) For each day any violation of this section occurs it shall constitute a separate offense and is separately punishable, but may be joined in a single prosecution. (i) Anyone who violates any provision of this article shall be subject to prosecution in administrative, criminal and/or civil courts, under all applicable local and state laws, and will be strictly accountable for any penalties and punishments accrued therefrom. (1) Criminal enforcement: A violation of this article is a strict liability offense, and no mental state is necessary for proof of the defendant's culpability. A violation of this article is a class C misdemeanor offense. Upon finding of culpability, a person shall be fined an amount not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00). Each day in which a violation occurs shall constitute a separate violation. (2) Alternative adjudication; Administrative enforcement: All violations of the provisions of this article and of the rules and regulations established by the director may be enforced by administrative adjudication pursuant to chapter 20, article II, City Code of Ordinances. (3) Civil enforcement: Violations of the provisions of this article which rise to the level of a public nuisance will be subject to injunctive relief in state district court. (j) Compliance meeting: (1) Upon receipt of numerous complaints or complaints of a habitual nature, the director may require a meeting with the owner/operator about whether the use of the short term rental has become a problem property and to discuss immediate compliance with the laws of the state and city. (2) Written notice to meet with the director shall be issued upon documentation provided which tend to show that a short-term rental may be a problem property. (3) Indication that a location is a problem property will be based upon a review of documents showing the same including but not limited to, police and code calls for service, 311 calls, police reports, gatherings that cause a public disturbance, and noise complaints. (4) Problem property is defined here as a location where regular or habitual disturbances of quiet enjoyment or violations of local and state laws have occurred. (5) Refusal by an owner/operator to attend this meeting will be taken as evidence of culpability and may result in permit revocation. (6) If the property is determined to be a problem property, the director may order abatement actions to attain compliance with this article such as a mutually agreed upon written plan of action up to administrative revocation of the permit. (Ord. No. 2024-06-13-0433, § 2, 6-13-24)

San Antonio City Code § 16-1111 Revocation procedures.

Sec. 16-1111. - Revocation procedures. The director is authorized to suspend or revoke a short term rental permit issued under the provisions of this article wherever the permit is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building, structure, unit, or portion thereof is in violation of any ordinance or regulation or any of the provisions of this article. In addition, if any violations have been committed and not corrected within the time specified, the director shall begin the procedures to revoke the short term rental permit in accordance with the following: (a) The director shall give written notice to the owner/operator regarding the revocation. (b) If a short term rental permit is revoked, the owner/operator may not reapply for the same property for a period of twelve (12) months. (Ord. No. 2018-11-01-0858, § 2, 11-1-18; Ord. No. 2024-06-13-0433, § 2, 6-13-24)

San Antonio City Code § 16-1112 Appeals.

Sec. 16-1112. - Appeals. If the director denies issuance or renewal of a permit or suspends or revokes a permit issued under this article, the action is final unless the permit holder files a written appeal within twenty (20) calendar days to the director, or his/her designee. Appeals shall be heard by the board of adjustment (BOA) pursuant to section 35-481. (Ord. No. 2018-11-01-0858, § 2, 11-1-18; Ord. No. 2024-06-13-0433, § 2, 6-13-24)

San Antonio City Code § 16-1113 Other restrictions on use of premises.

Sec. 16-1113. - Other restrictions on use of premises. This article does not create any right to operate a short term rental in violation of any lease, license, deed restriction, covenant, easement, or other legal encumbrance. Unless expressly authorized by the city, any property which has received a city housing incentive is ineligible to receive a permit to operate a (Type 2) short-term rental during the period of time that the property owner (or third party beneficiary, as the case may be) is eligible to receive a city housing incentive. (Ord. No. 2018-11-01-0858, § 2, 11-1-18; Ord. No. 2024-06-13-0433, § 2, 6-13-24)

San Antonio City Code § 16-1114 Nonconforming rights.

Sec. 16-1114. - Nonconforming rights. Short term rentals (Type 2) in existence as of date of ordinance. Properties which are used as short term rental (Type 2) establishments as of date of ordinance adopting this article that can also provide written confirmation from the City of San Antonio Finance Department showing proof of registration and proof that their account is not in arrears with the City of San Antonio Finance Department for hotel occupancy tax collection, may be registered as short term rental (Type 2) establishments at the department of development services and upon such registration will be granted a permit, subject to compliance with requirements under this article. Registration of the short term rental (Type 2) establishment shall be complete with receipt of applicable permit. Registration is not transferable to another owner, operator, or location. Nonconforming rights shall not transfer with change of owner, and any short term rental permit shall be revoked by director. Notwithstanding the foregoing, for purposes of this subsection, the conveyance or transfer of a unit or property ownership to a legal entity controlled by or providing equitable ownership of the prior owner shall not constitute a change in owner. It shall be the obligation of any new property owner to apply for a new short term rental permit under this article, and to provide evidence satisfactory to director that ownership did not change, in order to maintain nonconforming rights hereunder. (Ord. No. 2018-11-01-0858, § 2, 11-1-18; Ord. No. 2024-06-13-0433, § 2, 6-13-24)

Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/code_of_ordinances?nodeId=PTIICO_CH16LIBURE_ARTXXIISHTERE_DIV1GEFetched: 10/27/2026