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Waxahachie planning panel recommends zoning text changes to short-term rental rules
Summary
The Planning and Zoning Commission voted to recommend approval of ZTA-113-2025, a set of zoning text amendments that align Waxahachie rules on short-term rentals, home occupations and zoning protests with recent state legislation and court rulings; staff said rentals operating before Oct. 16, 2023 are legal nonconforming uses.
The Planning and Zoning Commission voted to recommend approval of ZTA-113-2025, a package of text amendments to the city zoning ordinance addressing zoning protests, home occupations and short-term rentals.
Trent, a city staff member, told the commission the changes are intended to align the ordinance with recent state legislation and court decisions. "Any short term rental that was occurring prior to our ordinance taking effect is permitted, and does not require an SUP for that," Trent said, referring to properties in place before the ordinance adoption date of Oct. 16, 2023.
Staff also said some standards will remain in effect for new SUP applicants: parking restrictions and a three-strike enforcement rule for violations will still apply to SUPs issued after Oct. 16, 2023. Trent summarized the ordinance’s definition of a disruptive gathering: a "party" is any group of five or more persons that substantially disturbs the quiet enjoyment of private or public property, including excessive noise, traffic, obstruction of public streets, public drunkenness, service of alcohol to underage persons and litter.
At least one resident raised enforcement concerns. "That'd be kinda hard on our police officers," said Ira Tenpenny, who spoke during the public hearing and identified himself as a Waxahachie resident, when asking how the city would handle properties that accrued violations or had not paid hotel/motel tax in the past. Staff said questions about properties that predate the ordinance may require review by the city attorney.
Commissioners also asked about voting thresholds for denials. Staff said state law changes have removed the city’s ability to require a supermajority for ordinary denials; a supermajority would still be required only when a formal protest petition meeting the ordinance thresholds is filed.
A commissioner moved to recommend approval of ZTA-113-2025 and to authorize the mayor or city manager to execute all necessary documents; the motion was seconded and the commission voted in favor. The record in the transcript does not show a roll-call tally.
The commission adjourned after the vote. The recommendation to approve ZTA-113-2025 now goes to the appropriate next step under city procedure.
