Requirements for a Bed and Breakfast Use.

Austin City Code tit. 25, ch. 25-2, subch. C, art. 4, div. 1, subpt. B

in effect

Austin City Code § 25-2-781 BED AND BREAKFAST RESIDENTIAL USE STRUCTURES CLASSIFIED.

§ 25-2-781 - BED AND BREAKFAST RESIDENTIAL USE STRUCTURES CLASSIFIED. (A) A residential structure may be used as a bed and breakfast residential use only if it qualifies as a Group 1 or Group 2 bed and breakfast residential use structure. (B) Except as provided in Subsection (D), a Group 1 bed and breakfast residential use structure is a structure that contains not more than: (1) five rental units if the building in which the bed and breakfast residential use is located is more than 50 years old; or (2) three rental units if the building in which the bed and breakfast residential use is located is 50 years old or less. (C) Except as provided in Subsection (D), a Group 2 bed and breakfast residential use structure is a structure that contains not more than: (1) 10 rental units if the building in which the bed and breakfast residential use is located is more than 50 years old; or (2) five rental units if the building in which the bed and breakfast residential use is located is 50 years old or less. (D) For an establishment that operated as a lodging house residential use on or before October 1, 1994: (1) a Group 1 bed and breakfast residential use structure is a structure that contains not more than five rental units; and (2) a Group 2 bed and breakfast residential use structure is a structure that contains not more than 10 rental units. Source: Ord. 990520-38; Ord. 031211-11.

Austin City Code § 25-2-782 GENERAL REQUIREMENTS FOR A BED AND BREAKFAST RESIDENTIAL USE.

§ 25-2-782 - GENERAL REQUIREMENTS FOR A BED AND BREAKFAST RESIDENTIAL USE. (A) A person may own only one bed and breakfast residential use facility. (B) The owner must reside in the bed and breakfast residential use structure or in another residential structure on the lot on which the structure is located. (C) The owner of a bed and breakfast residential use structure must own the land on which the structure is located. (D) The owner must obtain a license to operate a bed and breakfast residential use structure. The license must be renewed annually. (E) The owner of a bed and breakfast residential use may employ one or more persons who do not permanently reside on the lot on which the use is located to assist in the operation of the bed and breakfast residential use if the total hours worked by the employees does not cumulatively total more than 40 hours per week. (F) Meal service is prohibited, except for breakfast service to an overnight guest. (G) A register of guests must be maintained. (H) A person may not structurally alter the exterior of a Group 1 residential use structure to change the existing residential character of the structure. (I) A bed and breakfast residential use must be more than 1,000 feet from an existing bed and breakfast residential use. A City council-adopted neighborhood plan that permits spacing of 1,000 feet or less supersedes this subsection. (J) A Group 1 bed and breakfast residential use must be located in the principal residential structure on the lot. (K) Each bed and breakfast residential use structure of a Group 2 bed and breakfast residential use facility must comply with this section and other applicable Code requirements. Source: Ord. 990520-38; Ord. 031211-11.

Austin City Code § 25-2-783 NUMBER OF ROOMS.

§ 25-2-783 - NUMBER OF ROOMS. (A) A bed and breakfast residential use structure may contain: (1) one room for each 500 square feet of gross floor area within the structure if the owner resides in the structure; and (2) one room for each 700 square feet of gross floor area within the structure if the owner resides in another residential structure on the lot. (B) In this section, gross floor area does not include rooms occupied exclusively by the owner. Source: Ord. 990520-38; Ord. 031211-11.

Austin City Code § 25-2-784 PARKING REQUIREMENTS.

§ 25-2-784 - PARKING REQUIREMENTS. (A) Pervious pavers may be used as driveway and parking surface materials within the property boundaries. (B) Not more than 25 percent of the parking surface may be constructed of gravel. (C) A guest parking space is not permitted in the front yard of a bed and breakfast residential use structure. Source: Ord. 990520-38; Ord. 031120-44; Ord. 031211-11.

Austin City Code § 25-2-785 CERTAIN ADVERTISING PROHIBITED.

§ 25-2-785 - CERTAIN ADVERTISING PROHIBITED. Advertising the street address of a bed and breakfast residential use through signs, billboards, television, radio, or newspapers is prohibited. Source: Ord. 990520-38; Ord. 031211-11.

Austin City Code § 25-2-786 RENTAL OF A BED AND BREAKFAST RESIDENTIAL USE FACILITY FOR GATHERINGS.

§ 25-2-786 - RENTAL OF A BED AND BREAKFAST RESIDENTIAL USE FACILITY FOR GATHERINGS. (A) The use of a bed and breakfast residential use facility as a rented site for a gathering, including a wedding, is a conditional use. (B) A conditional use permit may be approved only if: (1) the bed and breakfast residential use structure is located in a multifamily residence (limited density) or less restrictive base district; and (2) a certificate of occupancy has been issued that authorizes the use of the site for a gathering. (C) The maximum number of attendees at a gathering held under this section equals four times the total of the number of parking spaces for rental units plus the number of spaces on the property that are not required for other uses on the property. (D) Amplified live outdoor music is prohibited at a gathering. (E) A gathering must end at 9:00 p.m. on Sunday through Thursday and at 10:30 p.m. on Friday and Saturday. (F) The Land Use Commission may not approve an increase of the maximum number of attendees, authorize amplified live outdoor music, or extend the hours of operation through the conditional use process. (G) The Land Use Commission may reduce the hours of operation. Source: Ord. 990520-38; Ord. 010607-8; Ord. 031211-11.

Austin City Code § 25-2-787 WAIVERS.

§ 25-2-787 - WAIVERS. (A) The owner of an establishment that operated as a lodging house residential use on or before October 1, 1994, may submit to the director an application for a waiver of the requirements prescribed in Section 25-2-782(A), (B), (C), (E), (H), (I), and (J) (General Requirements), Section 25-2-783 (Number of Rooms), and Section 25-2-784 (Parking Requirements). (B) The director shall give notice of a waiver application under Section 25-1-133(A) (Notice of Application and Administrative Decisions). (C) Except as provided in Subsection (D), a waiver application shall be considered by the director. The director shall grant a waiver application if the director determines that the waiver will not harm the surrounding area. An applicant may appeal the denial of an application by the director to the Land Use Commission. (D) If an interested party files a protest of a waiver application, the application shall be considered by the Land Use Commission. (E) The Land Use Commission shall review a waiver application filed under this section in accordance with the conditional use process described in Chapter 25-5, Article 3 (Land Use Commission Approved Site Plans). Source: Ord. 990520-38; Ord. 010607-8; Ord. 031211-11.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT25LADE_CH25-2ZO_SUBCHAPTER_CUSDERE_ART4ADRECEUS_SPBREBEBRUSFetched: 10/27/2026