HomeMy WebLinkAboutcocc_p&z_agenda_pkt_20210224CAPE CANAVERAL PLANNING & ZONING BOARD/LAND PLANNING AGENCY
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
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February 24, 2021
6:00 P.M.
COVID-19...PANDEMIC ADVISORY: Due to the COVID-19 Pandemic Emergency, this meeting
will be held both in -person and virtually by communications media technology (CMT).
Instructions for the public to attend and provide public comments during this meeting are
accessible at www.cityofcapecanaveral.org/instructions.
CALL TO ORDER
ROLL CALL
PUBLIC PARTICIPATION Member of the public may provide comments to the Planning &
Zoning Board/Land Planning Agency (PZB) regarding matters not on the agenda provided that
the comments are relevant to the legal responsibilities delegated to the PZB by the City Code and
law, and not related to pending quasi-judicial matters which will be heard at a subsequent PZB
meeting. Public comments related to public hearing Agenda Items will occur during the public
hearing. The PZB is not required to take public comments on emergency or ministerial items (e.g.
approval of agenda, minutes, informational items). Members of the public will limit their
comments to three (3) minutes. The PZB will not take any action under the "Public Participation"
section of the agenda. However, if appropriate at the discretion of the PZB, the PZB may schedule
matters commented upon during public participation at a future PZB meeting.
OLD BUSINESS
NEW BUSINESS
A. Board Matters:
1. Approval of Meeting Minutes — January 27, 2021
B. Comprehensive PlanAmendments(Legislative — Public Hearings),:
1. Consideration and Recommendation of Ordinance No. 10-2021; amending Section 110-
486 of the City Code regulating vacation rentals; making findings of facts; providing for
definitions; requiring vacation rental registration; requiring inspections; specifying duties
of vacation rental owners and allowing agents; providing for maximum occupancy;
providing limited exceptions for pre-existing contracts; providing requirements of vacation
rental owners and agents related to sexual predators and offenders; requiring provisions
for providing and posting safety information for occupants of vacation rentals; providing
restrictions related to accessory structures; providing enforcement; providing for other
PZB Agenda — February 24, 2021
Page 2 of 2
miscellaneous provisions; providing for the repeal of prior inconsistent Ordinances and
Resolutions, incorporation into the Code, severability and an effective date.
REPORTS AND OPEN DISCUSSION
ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that:
If a person decides to appeal any decision made by the Planning & Zoning Board with respect to any matter
considered at this meeting, that person will need a record of the proceedings, and for such purpose that
person may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by
the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,
nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans
with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the
physically handicapped. Persons with disabilities needing assistance to participate in the proceedings
should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting.
PLANNING & ZONING BOARD
MEETING MINUTES
January 27, 2021
A Meeting of the Planning & Zoning Board took place on January 27, 2021, at City Hall Council
Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairperson Lamar Russell called the
meeting to order at 6:00 pm. The Board Secretary called the roll.
ROLL CALL
MEMBERS PRESENT
Lamar Russell
John Price
Susan Denny
Nancy Gentilquore
Dr. Michael Miller
Steven Stroud
OTHERS PRESENT
Todd Morley
David Dickey
Anthony Garganese
Brenda Surprenant
Anna Young
Lisa Day
BCSO
Chairperson
Vice Chairperson
Board Member
Board Member
Board Member
Board Member
City Manager
Community & Economic Development Director
City Attorney
City Planner
GoToWebinar Organizer
Board Secretary
PUBLIC PARTICIPATION
None
OLD BUSINESS
NEW BUSINESS
A. Board Matters
1. Approval of Meeting Minutes: December 9, 2020
No additions, corrections or amendments to the minutes. Motion to accept the
minutes as written, made by Board Member Price and seconded by Board Member
Miller. Vote on the motion carried unanimously.
B. Comprehensive Plan Amendments Leg islative - Public Hearin
s
1. Consideration and Recommendation of Ordinance No. XX-2021; an Ordinance of
the City Council of the City of Cape Canaveral, Florida, amending Chapter 98,
1
Planning & Zoning Board
Meeting Minutes
January 27, 2021
Subdivisions, Division 5. — lot splits to authorize certain unapproved lot splits
occurring prior to March 16, 2010 under the requirements set forth herein; providing
for the repeal of prior inconsistent ordinances and resolutions, incorporation into the
code, severability and an effective date.
Discussion ensued between the Planning & Zoning (P&Z) Board members, the City Planner,
Community & Economic Development Director and City Attorney, clarifying Ordinance No.
XX-2021; the need to recognize and review criteria for past lot splits and update the process
going forward; benefits of "housekeeping" existing items; and the need to adopt methods to
ensure proper permitting, recording and minimal zoning requirements are met using these
criteria.
Discussion continued on how prior Ordinances evolved the lot split process; the need for a
City pre -application meeting; how in some cases, the City was bypassed and not privy to
information until lot split occurred and was recorded. The importance to check that the
zoning and minimal lot requirements are satisfied prior to being finalized to avoid
development of sub -standard lots and to determine how non -conforming lots be handled if
criteria had not been met by existing or prior owners.
No virtual callers raised their hands for public comment.
Motion made by Board Member Denny and seconded Board Member Stroud to
recommend approval of Ordinance No. XX-2021 as written to the City Council.
Vote on the motion carried unanimously.
2. Consideration and Recommendation of Ordinance No. 10-2021; amending Section
110-486 of the City Code regulating vacation rentals; making findings of facts;
providing for definitions; requiring vacation rental registration; requiring inspections;
specifying duties of vacation rental owners and allowing agents; providing for
maximum occupancy; providing limited exceptions for pre-existing contracts;
providing requirements of vacation rental owners and agents related to sexual
predators and offenders; requiring provisions for providing and posting safety
information for occupants of vacation rentals; providing restrictions related to
accessory structures; providing enforcement; providing for other miscellaneous
provisions; providing for the repeal of prior inconsistent Ordinances and Resolutions,
incorporation into the Code, severability and an effective date.
Discussion ensued between the Planning & Zoning (P&Z) Board members, Community &
Economic Development Director, City Manager and City Attorney regarding Ordinance No.
10-2021.
2
Planning & Zoning Board
Meeting Minutes
January 27, 2021
Background: Residents have communicated to Council Members via Regular Meetings
and throughout the community, the impact of vacation rentals in residential
neighborhoods. Council Met on January 79, 2021, at which time they approved Ordinance
No. 10-2027 at first reading, but during deliberation, Council requested that the P&Z
Board provide feedback on five items of consideration prior to second reading.
1. Sec. 710-486 (D - requires an annual inspection, as may be requested, of a
vacation rental to verify compliance with provisions of the Florida Building Code,
Fire Inspection Code, International Property Maintenance Code and other
applicable City Code sections.
2. Sec. 110-486 (d) — establishes maximum overnight occupancy limits for vacation
rentals.
3. Sec. 110-486 (i) — the draft Ordinance restricts an owner from independently
renting or leasing, as a vacation rental, an accessory structure for sleeping.
4. Sec. 110-486 (g)(5) — requires an owner of a vacation rental maintain a three-
year log of all bookings of the unit to include dates and number of occupants.
5. Sec. 170-486 (h) — requires an owner to inquire, prior to check -in, if any intended
occupant is a sexual predator/offender.
Discussion ensued regarding City of Cape Canaveral's minimum consecutive -day vacation
rental restrictions; Florida Legislature preemptions; non -transient residents vs. transient's
knowledge of local practices; number of rental units present; hotels vs. vacation rentals;
future registration application process; number of forms needed; noise, parking and traffic
concerns; vacation rental minimum occupancy; how to determine the overnight occupancy
(bedroom, bathroom, parking spaces, SF); sex -offender registration and how to identify/
enforce; if children would be included in number; required inspections; enforcement; owner
responsibility; Florida Building Code & Fire Code requirements for occupancy established;
annual vs optional inspections; rental owner contact phone numbers; questioning the need
for a 3-year log of rentals; who would monitor such log; existing sex -offender County
Ordinance; rental of other accessory units separately from main unit; review of the five items
Council had requested of the Planning & Zoning Board.
Recess: Board Chairperson requested 5-minute recess at 7:15 p.m. Meeting resumed at 7:23
p.m.
Discussion continued regarding City Staff's research of software to monitor vacation rentals;
fees to cover cost of software; BTR vs. Registration program; how other Cities address
occupancy in vacation rentals; how to determine maximum overnight occupancy (bedroom,
bathroom, parking spaces, SF); inside dwelling vs. outside rules and enforcement; noise
regarding parties, pools, children, alcohol, late night activity; hotels vs. residential vacation
rentals; Code Enforcement, rules, guidelines and existing Ordinances.
3
Planning & Zoning Board
Meeting Minutes
January 27, 2021
Community & Economic Development Director acknowledged the time left in the evening
and the number of items still left to discuss. He recommended the P&Z Board consider
forwarding a recommendation to City Council to postpone the February Council Meeting
(second reading) of this Ordinance until the P&Z Board could hold further discussion when
they meet again and return a complete recommendation to City Council on all five items.
Discussion continued on methods of holding vacation rental violators accountable; parking
allowances; whether children under 10 should be included in the overall count; accessory
structures; annual inspection; determining overnight occupancy numbers recommended in
Ordinance; ability to enforce; registered sex -offender requirements; enforcement and who
holds the burden of disclosure; purpose of the 3-year log book and data collected by
software company; registration fee to vacation rentals/software cost; criteria for (annual)
inspection.
Motion made by Board Member Price and seconded by Board Member Miller to
recommend bringing Ordinance No. 10-2021 back for discussion at the next Planning &
Zoning Board Meeting and to postpone recommendation to Council. Vote carried
unanimously.
Board Chairman Russell thanked the P&Z Board for their participation.
Community & Economic Development Director stated that the P&Z Board is scheduled to
meet on the second or fourth Wednesday of every month; and the next meeting should be
scheduled for the fourth Wednesday.
No virtual callers raised their hands for public comment.
REPORTS AND OPEN DISCUSSION
ADJOURNMENT
Motion made by Board Member Price and seconded Board Member Denny to adjourn the
meeting at 9:00 p.m.
Approved on this
day of .... ................._.� 2021„
Lamar Russell, Chairperson
Lisa Day, Board Secretary
4
CITY Or
awe catutvestou.„,
CITY OF
PLANNING AND ZONING BOARD MEETING • FEBRUARY 24, 2021
AGENDA ITEM SUMMARY • ITEM #
Subject: Ordinance No. 10-2021; amending Section 110-486 of the City Code regulating vacation
rentals; making findings of facts; providing for definitions; requiring vacation rental registration;
requiring inspections; specifying duties of vacation rental owners and allowing agents; providing
for maximum occupancy; providing limited exceptions for pre-existing contracts; providing
requirements of vacation rental owners and agents related to sexual predators and offenders;
requiring provisions for providing and posting safety information for occupants of vacation rentals;
providing restrictions related to accessory structures; providing enforcement; providing for other
miscellaneous provisions; providing for the repeal of prior inconsistent Ordinances and Resolutions,
incorporation into the Code, severability and an effective date.
Department: Community & Economic Development (CED) Department
Summary: Since approximately the late 1980s, the City of Cape Canaveral has had a minimum
seven (7) consecutive day rental restriction on residential property, the substance of which is
contained in Sec.110-487 of City Code, and which was upheld in R_ ya,IMansions Condominium
Association, Inc. v. CityofCape Canaveral Case No. 89-16393-CA-N.
In 2014, the Florida Legislature passed Senate Bill 356 (Chapter 2014-71, Laws of Florida), amending
the statute to read "[a] local law, ordinance, or regulation may not prohibit vacation rentals, or
regulate the duration or frequency of rental of vacation rentals, This paragraph does not apply to
any local law, ordinance, or regulation adopted before June 1, 2011." Since the City had previously
adopted rules applicable to vacation rentals, the City's seven (7) consecutive day vacation rental
restriction is currently grandfathered and exempt from State preemption.
Since the City last revised its Code related to vacation rentals, growth of this industry — both
nationally and in the City - has dramatically increased. It is reported that the vacation market in the
U.S. has grown more than 100 percent in the past three (3) years as evidenced by the doubling of
the number of Airbnb-style units, year -on -year. In fact, the City has experienced a 136% increase in
bookings year -over -year. This growth is particularly alarming in the City of Cape Canaveral where
we currently have 1,609 residential, non -homesteaded properties, which comprise approximately
43 percent of the total residential properties.
Although this growth has provided economic benefits — particularly to vacation rental owners - the
City Council, as well as the City's full-time residents, are faced with the challenges associated with
transient rentals. Even with regulations, vacation rentals can disrupt the character of predominantly
full-time residential neighborhoods and create negative compatibility impacts, including excessive
and/or late night noise, parking violations, increased instances of police and code enforcement calls
for service and accumulation of trash, as well as impacts to public health, safety and welfare.
Monitoring and enforcement of these impacts has historically been difficult for Staff. Practical
enforcement requires a continuously updated registration database for vacation rentals and
continuous monitoring of the various websites utilized by vacation rental owners for bookings. This
requires sophisticated "web -crawling" tools which the City does not possess.
Furthermore, based on practical, first-hand observation, long-term experiences, information
learned from residents, City Staff, law enforcement and information from the U.S. Census, the City
Council finds that:
City of Cape Canaveral
Planning and Zoning Board Meeting • February 24, 2021
Agenda Item #
Page 2 of 5
1.
Non -transient residents residing within their residential dwellings are inherently familiar
with the local surroundings, local weather disturbances, local hurricane evacuation plans,
and means of egress from their residential dwellings, thereby minimizing potential risks to
themselves and their families.
2. In contrast, transient occupants of vacation rentals, due to their transient nature, are typically
not familiar with local surroundings, local weather disturbances, local hurricane evacuation
plans, and means of egress from the vacation rentals in which they are staying, thereby
increasing potential risks to themselves and their families, and putting an additional burden
on, and potentially putting at risk, emergency personnel in the event of any emergency
situation.
3. Several hundred vacation rental units are likely located within residential zoning districts of
the City of Cape Canaveral.
4. Vacation rentals, left unregulated, can create negative impacts within a residential
neighborhood due to excessive noise, parking and traffic problems, excessive use and
impact on public services and public works and greater occupancy than surrounding owner
occupied houses and in some instances even exceed the maximum occupancy limits under
the International Property Maintenance Code.
5. Vacation rentals situated within a residential neighborhood can disturb the quiet nature and
atmosphere of the residential neighborhood, and the quiet enjoyment of its residents.
6. Vacation Rentals located within established residential neighborhoods can create negative
compatibility impacts relating to extreme noise levels, late night activities, on -street parking
issues and traffic congestion.
7. According to the 2010 U.S. Census, the City of Cape Canaveral has an average household
size of 1.76 persons, an average household size of owner -occupied units of 1.72 persons,
and an average household size of renter -occupied units of 1.8 persons.
8. Vacation rentals situated in a residential neighborhood can and do create a great disparity
in occupancy significantly above the average household size within Cape Canaveral.
Although Florida Law preempts a municipality from either prohibiting vacation rentals or regulating
the duration or frequency of rental of vacation rentals after June 1, 2011, the Florida Attorney
General and several Courts have recognized that a municipality still possesses the authority to enact
other kinds of regulations affecting vacation rentals including, but not limited to, registration
requirements, maximum occupancy, building, fire and safety inspection and signage. Furthermore,
the Florida Attorney General has opined that accessory structures used for sleeping purposes that
do not constitute a dwelling unit or house do not constitute a vacation rental and therefore, a
municipality may prohibit such structures from being independently rented out (Florida AGO 2018-
06).
Given the aforementioned facts and findings, the City Attorney has prepared the attached
Ordinance to adopt additional vacation rental regulations. Highlights of the Ordinance include:
1 Prior to initiating operation of a property as a vacation rental, a vacation rental owner shall
annually register the unit with the City. A separate registration shall be required for each
rental unit. The application for registration shall include:
a. A City -promulgated application form.
b. Payment of applicable nonrefundable fee (to be established by a subsequent resolution)_
City of Cape Canaveral
Planning and Zoning Board Meeting • February 24, 2021
Agenda Item #
Page 3 of 5
_.�.. w c. A copy ...�FloridaDepartment the .......� .......--..._.e.n ..._ �-.-.....w . -.....
of Business and Professional Regulation license (if
applicable).
d. Evidence or current account with Brevard County for the purpose of collecting tourist
development taxes.
e. Evidence of current certificate of registration with the Florida Department of Revenue for
the purposes of collecting sales surtaxes, transient rental taxes, and any other taxes as
applicable.
f. Copy of the current City business tax receipt.
g. Exterior site sketch, indicating off-street parking.
h. Interior site sketch.
A registration can be transferred when the ownership is sold or otherwise transferred.
2. A maximum overnight occupancy of a vacation rental shall be two (2) occupants per
bedroom, plus two (2) additional occupants per unit, excluding children under the age of six
(6) years old, subject, however, to a maximum occupancy of:
a. Eight (8) occupants per dwelling unit or house not exceeding 2,000 square feet under
enclosed air/roof;
b. Ten (10) occupants per dwelling unit or house between 2,001 and 3,000 square feet under
enclosed roof/air;
c. Twelve (12) occupants per dwelling unit or house between 3,001 square feet and 4,500
square feet under enclosed roof/air;
d. Fourteen (14) occupants per dwelling unit or house over 4,500 square feet under enclosed
roof/air.
Maximum occupancy limits shall not apply when the vacation rental is being physically
owner -occupied.
3. Establishes minimum safety and information notice requirements to be posted in a
prominent, conspicuous location in each vacation rental unit.
4. Establishes an annual inspection requirement for all vacation rental units to verify compliance
with applicable rules and regulations.
5. Establishes duties of vacation rental owners to include:
a. Registering a contact phone number which shall be monitored on a twenty-four (24) hour
a day, seven (7) days a week basis.
b. Be present at the annual vacation rental inspection.
c. Maintain for three (3) years, a log of all bookings of the vacation rental including dates
of each rental and number of occupants.
d. Inquiry prior to check -in, if any intended occupant is a sexual offender/predator and if
so, the Brevard County Sheriff's Office shall be immediately notified.
6. It shall be unlawful for an owner to independently rent or lease an accessory structure as a
vacation rental used for sleeping.
Because of the difficulty enforcing vacation rentals, as previously discussed, Staff will present to City
Council a draft three-year Agreement with Host Compliance, a Division of Granicus, for vacation
rental registration and compliance. The service utilizes "web -crawling" to continually monitor and
report on the compliance profile for each vacation rental property. Evidence gathered on violations
will greatly assist the code enforcement process.
City of Cape Canaveral
Planning and Zoning Board Meeting • February 24, 2021
Agenda Item #
Page 4 of 5
Implementation of the program is a priority, as has been expressed by the City Council. Accordingly,
the Public Hearing schedule has been compressed/rearranged. Implementation of the vacation
rental program is proposed as follows:
• January 19, 2021 Council Meeting — 15t reading of Registration Ordinance
• January 27, 2021 Planning and Zoning Board (PZB) Meeting — any amendment to the City's
Land Development Regulations (Chapter 110) must be considered by the Planning and
Zoning Board prior to adoption
• February 16, 2021 Council Meeting — 2"d reading of Registration Ordinance/Approval of
Granicus/Host Compliance Agreement/Fee Resolution
• February 2021 — notice to vacation rental owners of Registration Ordinance by Host
Compliance.
• March 1, 2021 effective date. Possibly provide 90-day registration deadline for vacation
rental owners.
As indicated above, the Council met on January 19, 2021, at which time they approved Ordinance
No. 10, 2021 at first reading. During its deliberation, the Council requested that the PZB specifically
provide feedback, prior to its second reading of the proposed Ordinance, on the need for the
following items:
1. Sec. 110-486 (f) - requires an annual inspection, as may be requested, of a vacation rental
to verify compliance with provisions of the Florida Building Code, Fire Inspection Code,
International Property Maintenance Code and other applicable City Code sections.
2. Sec. 110-486 (d) — establishes maximum overnight occupancy limits for vacation rentals.
3. Sec. 110-486 (i) — the draft Ordinance restricts an owner from independently renting or
leasing, as a vacation rental, an accessory structure for sleeping.
4. Sec. 110-486 (g)(5) — requires an owner of a vacation rental maintain a three-year log of all
bookings of the unit to include dates and number of occupants.
5. Sec. 110-486 (h) — requires an owner to inquire, prior to check -in, if any intended occupant
is a sexual predator/offender.
At its January 27, 2021 Meeting, the Board began its deliberations of the five items enumerated
above. Much progress was made; however, the Board did not complete its review of all five items,
specifically the item addressing occupancy limits.
The draft ordinance proposes a system to monitor occupancy by establishing a maximum
occupancy of two (2) occupants per bedroom, plus two (2) additional occupants for the rental unit.
Children under the age of six (6) are excluded from the count. Also, the draft ordinance proposes
to cap occupancy based upon square footage of the unit (see Sec. 110-486 (d)(1) on page 10 of
16). Another technique was introduced that would tie occupancy to the number of bathrooms
contained within the rental unit. Staff was unable to find other regulations that utilized this method.
Below is a summary of how a number of Florida governments regulate occupancy of rental units:
(a) Cocoa Beach — limits occupancy of rental units to the lesser of two (2) occupants per bedroom
plus two (2) occupants OR a total of eight (8) occupants.
City of Cape Canaveral
Planning and Zoning Board Meeting • February 24, 2021
Agenda Item #
Page 5of5
(b) Indian Harbour Beach — limits occupancy of rental units to two (2) occupants per bedroom
plus two (2) occupants with a maximum of twelve (12) persons.
(c) Anna Maria, FL — one person per bedroom (70 — 100 sq. ft.) two persons per bedroom (100
square feet or more). Maximum of eight (8) occupants per vacation rental.
(d) Marathon — maximum overnight occupancy shall not exceed two (2) persons per bedroom
plus two (2) persons. Before 7:00 am and after 10:00 pm the maximum occupancy may not be
exceeded.
(e) Destin — two (2) persons per bedroom plus four (4) additional persons OR a total of twenty-
four (24) persons per short term rental.
(f) Deerfield Beach — maximum occupancy shall not exceed two (2) persons per bedroom plus
two (2) additional persons.
Attachment:
Attachment 1 — Ordinance No. 10-2021
The CED Department Staff recommends the Planning and Zoning Board take
thheefol..—..,.11.—.,,.-.mm.—.m.•.
lowing
action:
Recommend Approval of Ordinance No. 10-2021 to the City Council, with a recommendation on
the need for the following items as contained in the draft Ordinance:
1. Sec. 110-486 (f) - requires an annual inspection, as may be requested, of a vacation rental
to verify compliance with provisions of the Florida Building Code, Fire Inspection Code,
International Property Maintenance Code and other applicable City Code sections.
2. Sec. 110-486 (d) — establishes maximum overnight occupancy limits for vacation rentals.
3. Sec. 110-486 (i) — the draft Ordinance restricts an owner from independently renting or
leasing, as a vacation rental, an accessory structure for sleeping.
4. Sec. 110-486 (g)(5) — requires an owner of a vacation rental maintain a three-year log of all
bookings of the unit to include dates and number of occupants.
5. Sec. 110-486 (h) — requires an owner to inquire, prior to check -in, if any intended occupant
is a sexual predator/offender.
A droved b CED Director:
David Dickey Date: ate: 1
1 ORDINANCE NO. 10-2021
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
3 CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING
4 SECTION 110-486 OF THE CITY CODE REGULATING VACATION
5 RENTALS; MAKING FINDINGS OF FACTS; PROVIDING FOR
6 DEFINITIONS; REQUIRING VACATION RENTAL REGISTRATION;
7 REQUIRING INSPECTIONS; SPECIFYING DUTIES OF VACATION
8 RENTAL OWNERS AND ALLOWING AGENTS; PROVIDING FOR
9 MAXIMUM OCCUPANCY; PROVIDING LIMITED EXCEPTIONS
10 FOR PRE-EXISTING CONTRACTS; PROVIDING REQUIREMENTS
11 OF VACATION RENTAL OWNERS AND AGENTS RELATED TO
12 SEXUAL PREDATORS AND OFFENDERS; REQUIRING
13 PROVISIONS FOR PROVIDING AND POSTING SAFETY
14 INFORMATION FOR OCCUPANTS OF VACATION RENTALS;
15 PROVIDING RESTRICTIONS RELATED TO ACCESSORY
16 STRUCTURES; PROVIDING ENFORCEMENT; PROVIDING FOR
17 OTHER MISCELLANEOUS PROVISIONS; PROVIDING FOR THE
18 REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
19 RESOLUTIONS, INCORPORATION INTO THE CODE,
20 SEVERABILITY AND AN EFFECTIVE DATE.
21
22 WHEREAS, Section 509.013, Florida Statutes, provides a distinction between "transient
23 public lodging establishments," which are rented, or advertised or held out for rental to guests
24 more than three times in a calendar year for periods of less than thirty (30) days or one (1) calendar
25 month, whichever is Tess; and "non -transient public lodging establishments," which are rented, or
26 advertised or held out for rental to guests for periods of at least thirty (30) days or one (1) calendar
27 month, whichever is less; and
28 WHEREAS, Section 509.242(1)(c), Florida Statutes, further provides for a subset of
29 transient public lodging establishments, called "vacation rental" which is any unit or group of units
30 in a condominium or cooperative or any individually or collectively owned single-family, two-
31 family, three-family or four -family house or dwelling that is also a transient public lodging
32 establishment, but that is not a timeshare project; and
33 WHEREAS, it is the intent of this Chapter to regulate vacation rentals defined by Florida
34 Statutes, as well as other transient public lodging establishments that do not have on -site
35 management, which are located in residential zoning districts of the City of Cape Canaveral, which
36 is referred to herein as "Vacation Rentals;" and
City of Cape Canaveral
Ordinance No. 10-2021
Page 1 of 16
1 WHEREAS, in 2014, the Florida Legislature passed Senate Bill 356 (Chapter 2014-71, Laws
2 of Florida), amending the same statute to read "[a] local law, ordinance, or regulation may not
3 prohibit vacation rentals, or regulate the duration or frequency of rental of vacation rentals. This
4 paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1,
5 2011;" and
6 WHEREAS, since approximately the late 1980s, the City of Cape Canaveral has had a
7 minimum seven (7) consecutive day rental restriction on residential property, the substance of
8 which is currently set forth in Section 110-487 of the City Code, and that durational restriction was
9 upheld in Royal Mansions Condominium Association, Inc. v. City of Cape Canaveral, case No. 89-
10 16393-CA-N; and
11 WHEREAS, the City Council recognizes that the City's seven (7) consecutive day vacation
12 rental restriction in residential areas is currently grandfathered and exempt from the state
13 preemption set forth in Section 509.032(7)(b), Florida Statutes; and
14 WHEREAS, although Section 509.032(7)(b) preempts a municipality from either
15 prohibiting vacation rentals or regulating the duration or frequency of rental of vacation rentals
16 after June 1, 2011, the Florida Attorney General and several courts have recognized that a
17 municipality still possesses the authority to enact other kinds of regulations affecting vacation
18 rentals including, but not limited to, registration requirements, maximum occupancy, building, fire
19 and safety inspections and signage. See, e.g., Fla. AGO 2016-12; Fla. AGO 2014-09; Eisenberg v.
20 City of Miami Beach 1 F.Supp.3d 1327 (U.S. S.D. of Fla., March 3, 2014); and
21 WHEREAS, the City Council also recognizes and relies upon the Florida Attorney General's
22 opinion that accessory structures used for sleeping purposes that do not constitute a dwelling
23 unit or house do not constitute a vacation rental and therefore, a municipality may prohibit such
24 structures from being independently rented out. See Fla. AGO 2018-06; and
25 WHEREAS, the City of Cape Canaveral has a significant number of long established
26 residential neighborhoods, and if left unregulated, vacation rentals can create negative
27 compatibility impacts on residential neighborhoods, including disruption of the character of
28 residential neighborhoods, excessive noise, parking that overwhelms use by local residents,
29 increased instances of police and code enforcement calls for service and accumulation of trash,
30 as well as diminished public health, safety and welfare; and
31 WHEREAS, for purposes of protecting the character of existing residential neighborhoods
32 in the City from disruptive and incompatible uses and protecting the health, safety and welfare of
33 the community, the City Council desires to enact additional regulations pertaining to vacation
34 rentals while, at the same time, respecting law-abiding resident's opportunity to safely offer and
35 use their dwellings as vacation rentals in a manner that is consistent with state and local law and
City of Cape Canaveral
Ordinance No. 10-2021
Page 2 of 16
1 any applicable private covenants and compatible with the residential character of the surrounding
2 neighborhood; and
3 WHEREAS, considering the unique nature of the vacation rental market, the purpose of
4 these regulations is also to promote compliance with the City Code by vacation rental unit owners
5 and their guests including, but not limited to, regulations pertaining to the minimum seven (7)
6 consecutive day requirement, parking, noise, maximum occupancy and inspections; and
7 WHEREAS, these regulations are also intended to protect renter safety; and
8 WHEREAS, based on information gleaned from the practical first-hand experience and
9 observations of the City Council, common sense deduction of the City Council based on long term
10 experiences in the City of Cape Canaveral, information learned by City Council from various
11 residents, City Staff and law enforcement, and information from the U.S. Census, the City Council
12 finds:
13 (1) Non -transient residents residing within their residential dwellings
14 are inherently familiar with the local surroundings, local weather disturbances, local
15 hurricane evacuation plans, and means of egress from their residential dwellings,
16 thereby minimizing potential risks to themselves and their families.
17 (2) In contrast, transient occupants of vacation rentals, due to their
18 transient nature, are typically not familiar with local surroundings, local weather
19 disturbances, local hurricane evacuation plans, and means of egress from the
20 vacation rentals in which they are staying thereby increasing potential risks to
21 themselves and their families, and putting an additional burden on, and potentially
22 putting at risk, emergency personnel in the event of any emergency situation.
23 (3) Several hundred vacation rental units are likely located within
24 residential zoning districts of the City of Cape Canaveral.
25 (4) Vacation rentals, left unregulated, can create negative impacts
26 within a residential neighborhood due to excessive noise, parking and traffic
27 problems, excessive use and impact on public services and public works and
28 greater occupancy than surrounding owner occupied houses and in some
29 instances even exceed the maximum occupancy limits under the International
30 Property Maintenance Code.
31 (5) Vacation rentals situated within a residential neighborhood can
32 disturb the quiet nature and atmosphere of the residential neighborhood, and the
33 quiet enjoyment of its residents.
City of Cape Canaveral
Ordinance No. 10-2021
Page 3 of 16
1 (6) Vacation Rentals located within established residential
2 neighborhoods can create negative compatibility impacts relating to extreme noise
3 levels, late night activities, on -street parking issues and traffic congestion.
4 (7) According to the 2010 U.S. Census, the City of Cape Canaveral has
5 an average household size of 1.76 persons, an average household size of owner-
6 occupied units of 1.72 persons, and an average household size of renter -occupied
7 units of 1.8 persons.
8 (8) Vacation rentals situated in a residential neighborhood can and do
9 create a great disparity in occupancy significantly above the average household
10 size within Cape Canaveral; and
11 WHEREAS, according to Airbnb statistics, the City of Cape Canaveral was one of the most
12 popular destinations in the year 2020, based on a 136% increase in bookings year -over -year, and
13 such increase has contributed to some of the increased adverse secondary effects caused by
14 vacation rentals primarily within residential neighborhoods and on City services, and given the
15 increase in adverse secondary effects, the City Council finds that there is a legitimate government
16 interest at this time to adopt additional vacation rental regulations as more specifically set forth
17 in this Ordinance; and
18 WHEREAS, the City's Planning & Zoning Board has reviewed and made a
19 recommendation regarding this Ordinance at a duly held public meeting as required by law; and
20 WHEREAS, the City Council hereby finds this Ordinance to be in the best interests of the
21 public health, safety and welfare of the citizens of Cape Canaveral.
22 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
23 CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
24 Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
25 reference as legislative findings and the intent and purpose of the City Council of the City of Cape
26 Canaveral.
27 Section 2. Amendment of Section 110-486. Section 110-486 of the City Code of
28 Ordinances is hereby amended to read as follows (underlined type are additions and strikeout
29 type are deletions):
30 Sec. 110-486. — Vacation rentals.
31 Nothing contained in the City Codc shall be construed as prohibiting the use of any
32 "
,
33 the minimum seven day rental restriction pursuant t„ section „0 487 of the Cit„ Cod„ and shall
34
City of Cape Canaveral
Ordinance No. 10-2021
Page 4 of 16
1 as Authority Scot: a and Purpose,
2 i11, This section is enacted ITunder the home rule p ower of the City of
3 Cape Canaveral in the interest of the health, peace, safet and , eneral welfare and
4 toIT.rreserve the quiet nature and atmosphere of residential areas and to ensure
5 that the City's residents have the opt,ortunt„y tomaintain trans uilit and peaceful
6 enoyment of their neighborhoods. This section shall be liberally construed to
7 accomplish wits ,purpose of regulating ,vacation .._rentals, protecting the..residential
8 character of the City of Cape Canaveralthehealth safet and general welfare of
9 its residents and..visitors andthe quiet enjo ment b the Cit of Ca a Canaveral's
10 residents of their r sidential property,
11 i2j This,.. section is also enacted to better inform and protect transient
12 occupants of vacation rentals by requiring vacation.. rental owners to conspicuously
13 post minimum information related to health ,and safet and applicable local
14 regulations.
15 3i . The maximum overnight occupancy limits for vacation rental units
16 established herein are enacted tomitigate n, a inst the potential harms caused by
17 the. unsafe overcrowding of vacation rentals b overni ht transient.occupants as
18 well as the incompatible nature of overcrowded ,transient ITvacation rentals with,
19 existin. residential neighborhoods which statistically have a much lower averag
20 household size based on U.S. Census data.
21 (4i This section does not. rohibit vacation, rentals, nor, regulate the
22 d.uration,,,orfreu uency of rental of vacation rentals norWisitthe intention of the.Cit
23 of Cape Canaveral to do so....but rather this section is intended to address life safety
24 and compatibility concerns in the interests of the health . ease safet and general,
25 welfare.
26(5) .....................Nothing.contained in this section is intended to amend or repeal,
27 the minimum seven (7) consecutive day rental restriction set forth in Section 110-
28 487 ofµµ the ITCity.. Code which was enacted by the City . rior to the statutory
29 preemption date of June...1-, 2011.ITunder Section 509.032 1711g).Florida Statutes,
30 Section 1.10, 487 shall remain in full force and effect.
31 (61- Notwithstanding any other provision of this section, pre-existing
32 contracts areexempt from the provisions of this section. If a vaeationrental is cited
33 for a violation of theprovisions herein, when the vacation rental is occupied under
34 the terms of apre-existingq contract , the vacation_ rental owner may ITraise the pre-,
35 existing contract as an affirmative defense and defend such violation based on the.
36 fact that the vacation rental was exempt from applicable provisions of this section
City of Cape Canaveral
Ordinance No. 10-2021
Page 5 of 16
1 due toitbeing occupied to a reexisting contract_provided the fact
2 finder determines competent substantial evidence that the contract exists and
3 satisfies the definition of re -existing contract. Apre-existing contract may not be
4 raised as anITITaffirmative defense to an alleged violationof any other provision of
5 the Cit Code outside of this section.
6
7
8
OD) Definitions.
The following terms as used _inthis section are defined as set forth hereinafter:
9 "Bedroom" means any room in a vacationrental which has a minimum of
10 70 square feet, a bed or other place for slee Dim: and a se parate closet that is an
11 integral part of the_permanent construction within the bedroom oranen suite
12 bathroom and is located alon j an exterior wall with an emergency means of escape
13 and rescue offing to the outside but shall ...not include a bathroom, a kitchena,
14 diningroom, or any main living, area. A bedroom shall not constitute the only
15 means ofITaccess to other bedroomsor habitable spaces and shall not serve as the
16 only means of egress from other habitable spaces. If a room has been added,
17 altered, or converted without any_ITrequired buildingpermit haver been granted,
18 such ITroom .Wshall not be deemed a bedroom. If_a reviously a Droved bedroom in.
19 an existing.vacation rental exists as of the effective date of this section and does
20 not have a separate closet that is an integral part of the_.permanent construction
21 of the structure, but ratherutilizesan armoire or other furniture )iece for clothing„
22 storage for at least two persons, them requirement for aclosetto qualify as a
23 bedroom is waived.
24 "Cityiscal year" means the annual period from October 1st through
25 September 30th
26 "Occupant: means any person whooccu ies a vacation rental overnight.
27 "Owner occupied" means the vacation rental is occu )iesIALthe owner of
28 the vacation rental or other person siiat the vacation rental owner's consent, who
29 do not„pa rent for the occupancy of the vacationrental, when suchm_nelsons are
30 members of the family of the vacation rental owner. Family shall be defined as any
31 number of individuals related, by bloodmarriageor legaladoption, and not more
32 than four (4) personsnot so relatedliving, together as a single housekeeping_unit.
33 Foster children are considered part of a family.
34 "Pre-existing contract" means a duly executed written contract entered into
35 by a vacation rentalowner and a future occupant priortothe enactment of this
City of Cape Canaveral
Ordinance No. 10-2021
Page 6 of 16
1 sectiononIINSERT ADOPTION DATE OF ORDINANCE under which the vacation
2 rental owner has agreed to renta vacationrental to the occupant in compliance
3 with the minimum seven J7," consecutive clayrental requirement under section 11„0
4 487 of the City Code ifapplicable.
5 "Transient public lodgjtjg.,,establishments" means...any unit soup of units,
6 dwelliner building, or group of buildings within, a single complex ofbujildin swhich
7 is rented to guests more than three (3) times in acalendar,yearfor p,.eriods of Tess
8 than 30 days or 1 calendar month whichever is less orwhich is advertised or held
9 out to the uu lic asa,,.place regularly rented to guests.
10 "Vacation Rental" is defined under Florida Statutes and is currently defined,
11 as any unit or„group ofunits _in a condominium or cooperative or any individually
12 or collectiv owned single-family, two-fam_ilyL three-family or, four -family house
13 or dwelling unit that is also aatransient ublic lodging establishment but that is not
14 a timeshare.,pro!ect. A vacation rental is the, entire_dwelling unit or house. An
15 accessory structure ITwhere:eolle ,are permitted to sleera that isIT not a lawfully
16 er�mitted separate dwelling unitorhouse is not a vacation rental. Further, one or
17 group of individual rooms independently -rented or offered for rent apart from the
18 entire dwelling unit or house is not avacation rental.
...
19 "Vacation_ Rental Owner" is the fee simple owner of the vacation rental
20 whether an individual, ml artnershiip, corporation, limited liability company„wtrust, or
21 other entity. In the event the vacation rental owner is not an individual each and
22 emerywperson who owns,twenty percent ,'2�0 k) or more of the equitable interest in
23 the vacation rental shall also be deemed a vacation rental owner.
24
25 LC_ Registration
26 Regstration shall be based on the City's fiscal year similar to City.... business tax
27 recei t s Priortoinitiating the oe rationof a pro ert as a vacation rental and prior to
28 October 1st for each subse uentyear, a vacation rental, owner, eitherpersonally or through
29 an agent shall register_with the City of CapeCanaveralutilizingforms promulgated bythe
30 City Awleaseholder of an entire dwelling unit or house maWy also register the entire dwelling.
31 or house as a vacation rental rovided written consent of the vacation rental owner is filed
32 with them City along with verification of the lease. Registration ma be conducted by
33 electronic means by the Cit° and throucyh a thirdµ -part contractor retained bythe _City for
34 h :rurposes The City, with the approval of the C_ityManager, may extend the date that
35 such registration isrequired by notice on the City's website, and.prorate up to fiftt percent
36 (50%J of the requiredregistration fee for initial registrations filed after April 15t..._A Separate
City of Cape Canaveral
Ordinance No. 10-2021
Page 7 of 16
1 rezistration shall be re uu fired for each vacation rental.,..., The operation of a vacation rental
2 without re_gistra ion after the date rejistration is re wired shall be a violation of this
3 section, except in the instancemmofproviding accommodations to fulfil a ire -existing
4 contract as provided hereinafter. U ;ion receipt of written notice by the Cit ..that a,vacation
5 rental ismin noncompliance with the registration requirements„ the vacation rental owner
6 or a ent, as ac olicableshall have ...aITfive 5 da.y_ race Jeriod in which to register the.
7 vacation rental. Rentinrthe subject vacation rental without.,_ registration after the five 5�,
8 day_grace_priod shall constitute a.. separate violation of this section for each day after the
9 Grace period.
10 (ft A vacation rental owner ,or_agent,_asApplicable, registering a
11 vacation rental with the City shall submit to the City a completed registration form
12 utilizing the registration method established bythe Cityd to etherwitha
13 registration fee inthe amount set by resolution of the City Council.
14 f2") A registrationshall include the following submittals:
15
16
i „„ A pornpleted vacation rental registration form.,
I Payment of applicable fee which shall be nonrefundable.
17 iiii A copwof theITITITvacation rental's current and active license asa,
18 transient public lodgin r establishment wit, them Florida Desartment of Business
19 and Professional Regulation if the registrant is required to have such license,
20 i!vt.... A coof the vacation rental's current and... active certificate of
21 registration with the Florida, Department of Revenue for the purposes of collecting
22 and remitting, sales surtaxes, transient rental taxes, and any other taxes required by
23 law to be remitted to the Flonda_ De. artrnent of Revenue.
24
yi) mAmcopy of the current City business tax receipt,
25 iviit Evidence of the vacation rental's current and active account with the,
26 Brevard County Tax Collector for the purposes of collectin and remitting tourist
27 development taxes and any other taxes required by law to be remitted to the
28 Brevard County Tax Collector,
29 ivniiExterior site sketch. An exterior sketch of the vacation „rental facility
30 shall beprovided. The sketch shall show and identify ,the dwelling unit or house
31 and all structures, pools, spas, hot tubs, fencing, and uses, including, areas provided
32 for off-street parking. For purposes of the sketeh_off-streetmparking spaces shall
33 bedelineated so as to enablea fixed count of the number of s:Aces. provided._At
34 the o tF_ion of the vacation rental ownersuchsketch ma bye handdrawn, and need
35 not be professionally prepared.
City of Cape Canaveral
Ordinance No. 10-2021
Page 8 of 16
1 (ixInterior building sketch b Ioor. A building sketch by floor shall be
2 providedr showing; afloor layout identifying all bedrooms, other rooms, exits,,
3 hallways and stairways, as applicable. At the option of the vacation rental owner
4 such sketch may be hand drawn, and need not bep2rofessionall „: re 010.
5 31 If aregistration form is incomplete, the registrant will be notified of
6 the deficimenc and be allowed ten (10) days, to provide any missing information or
7 fees unless additional time is granted bymthe City forrgood cause.
8 4i A vacation rental owner either ersonaiy orthrough an agent shall
9 be.IT seau,ired to amend the vacation ...rental registration in the followinC
10 circumstances:
11
(i) A change in ownership of the vacation rental;
12 iii An increase or decrease in the number of bedrooms in the vacation
13 rental:
14
15
rental: or
An increase or decrease in the maximum occupancy of the vacation
16 iv ... An increase or decrease in the number of parking spaces, or a
17 change in location of parking, sspaces for,_the, vacation rental.
18 (5i.__,IT. &vacation rental registration shall be b,ased upon and valid for one
19 11 City., fiscal year, and renewals shall be annuall riot to the ex irationm date of
20 the previous vacation rental, Ag strati rt
21 (6p , A vacation rental registration is transferablewhen the ownership o,f
22 the vacation rental is sold or otherwise transferred, and the new owner has filed a
23 modification f„ the rer istration with the Cit within thirt 30 da s from the date
24 of sale or transfer. If the... new owner fails totimely ...modify the re istration and
25 existing registration related to the sub'ect pro erty shall be deemed null and void
26 on the thirty first 4315Y day after such sale.oraransfer,_and-the new,property.owner
27 will thereafter berequired to file a new registration form and }w awa new registration
28 fee.
29 i7I The registration of vacation rental shall not be construed to
30 establish any vested night orentitlethe registered vacation rental to any rights
31 under the theory of estoppel. Registrations ...accepted _in error by the City or based,
32 on false or misleadinginformationmay be freely revoked by the City upon written
33 notice to the vacation rental... owner. R., e„,gListration shall.not be construed as,.a waiver
34 of any other re uirementscontained in the City Code or applicable law and is not
35 an approval of any other code requirement outside of acknowledgingregistration
City of Cape Canaveral
Ordinance No. 10-2021
Page 9 of 16
1 with the MCity under this section. The registration of a vacation rental is not an
2 approval of a use oractivitythat would otherwise be illegalunder alicable law
3 and does ITnot in an 7 way limit or rvn the Chy from enforcin applicable law,
4
5
6
7
(8) It shall _bea violation of this section for any person to provide false
or misleading _information in connection with any,,.,;.,Jalicationwfor registration,„„
modification or renewal of a vacation rental as required by)this section.
8 (d) Maximum Overniph t Occupancy.
9 (1) The maximum overnight occupancy,of a vacation rental shall betwo i2J
10 occupants er bedroom jas defined herein), plus two (2) additional oceu, antswper_vacation
11 rental, excludiin children under the amp" six_i6i_ye,arsold, up toITa maximum occupancy
12 of:
13
14
15
16
17
18
19
20
Eight LB) , occul-ants per dwelling unit or house not exceedinq 2 000 square
feet under enclosed roof/air
iiii Ten i10j occupants per dwelling unit or house between 2a,001 andm„3000
s u.are feet under enclosed roof/air;
iii) Twelve i12 . occupants per dwellin ,unit or house between 001 s Tuare
feet and 4 500square feet under enclosed/air,or
irv) mmmFourteen (14) occupants per dwelling unit or house over 4„500 squarefeet
under enclosed roof air._
21 For r.u, rposes of this subsection the term "overnight" shall mean between the hours
22 of 10:00 p.m. and 7:00a.m. the following day. Square footage shall be determined
23 based on data contained in a floor plan prepared by a duh_licensed engineer.
24 recorded official ITcondominium declarations or the Brevardn_wCounty_ Pro-pert
25 Appraiser's official website.
26 i2i Notwithstanding the, maximum occupancv:....restrictions set forth in
27 subsection ITm(1) the occupancy of a vacation rental shall not exceed the maximum
28 occupancpermitted by, the Florida Building or Fire Prevention Code Code or International
29 PropertyMaintenance Code if less than the requirements allowed by this section.
30
(3) ... The _maximum occupancy restrictions set forth in subsection ,i1 i shall not
31 a 2Iy when the vacation rental is bee „physiealhymITowner occupied.
32 f4j If the vacation rental owner has a preexistinc'contract booking a vacation
33 rental prior to the adoption of this subsection ,id that exceeds the maximumITocculancy
City of Cape Canaveral
Ordinance No. 10-2021
Page 10 of 16
1 reguirementsathe vacation rental owner shall re uest in -writ, that_the__City exclude the
2 pre-existin contractual booking from the ..requirements set forth in this subsection
3 The written request must be submitted on a form prescribed by the City, which shall be
4 submitted under ITIToath mand enalties of perjury, and provide verifiable proof of the pre
5 existing contract, number of occupants and number of bedrooms. Only verifiable and pre-
6 existin cocontracts approved b the City shall be excluded from the requirements of this
7 subsection and then the exclusion shall onlapply to the_specific date,„timeand duration
8 of the pre-existing bookinclt is the intent and purposeIT of this subsection to allow the
9 vacation rental owner to honorthe terms and conditions of su h ire-existin contracts
10 entered into prior to the enactment of this subsection (d) thatexceed the maximum
11 occupancy requirements.
12
13 (.e( Posting of Safety and Information Notice.
14 11 „ , Ineach vacation rental there shall be provided and posted in a
15 rominent conspicuous location, the following minimum written information:
16 (2) The nameaddress....and h�umber(._..of the vacation rental
17 owner or agent, as applicable. The phone number required by subsection (g) must
18 be listed at a minimum.
19
al The maximum occupancy of the...vacation....rental.
20 141.__...... The Cape Canaveral address and telephone number for the.,,B.revard
21 County Sheriffs Office and Cap ,e Canaveral Volunteer,,,,FireJ .aim
22 .(5) .. _ Ammcopy of document to be supplied by the City which includes
23 excerpts from the City of _Case Canaveral mm_Ordinance,,r lions of general
24 a,.pwlicationrelevantto,,,,,,, vacation rentals to include solid waste pick-up regulations
25 parking restrictions, regulations related tosea turtles and sea turtle lighting, and
26 ach „wpark and nuisance re ulations. The Cit will make available to vacation
27 rental owners and lents a co of such doeumentin digitalformatu on re uest
28
and the..Citymwill post such document on its website.
29 (6..............The maximum „number of vehicles that can be parkedat the
30 vacation, rental along with a sketch ,of anyLoff-street parking wwwwspace locations
31 including any existti„n driveway andwwparking araJe.,
32
17L The days and times of trash pickup.
33 Cal_ The location and telephone number of the nearest hospital.
City of Cape Canaveral
Ordinance No. 10-2021
Page 11 of 16
1 i9i ..... .....The location of any additional off -site parking spaces for occupants
2 and guests of the vacation rental„ if available.. and needed..
3
4 _.......-Inspections.
5 La...... An inspection of a vacation rental to verity con :dip �a,ncewith the provisions
6 of this section, these Florida Building Code., Florida Fire and Life SafetyCodes and
7 InternationalPropertyjMaintenance Code may be requested b ty be City.on an annual basis
8 or as needed to address code compliance issues. Upon such reguest the inspection shall
9 be made b. the, City throu hmappointment with the vacation rental owner oragent, as
10 applicable. Upon conclusion of the,insection theCity will inform the vacation rental
11 owner or agent in writing , of an non-compliance issues that must be remedied by the
12 vacation rental owner.
13 i2.._ If the vacation rental owner or agent as applicable, does not make the
14 vacation rental available f r inspection within,., twenty (201days after notification by.the,
15 City,,inwriting, that the City is readyw_to conduct the ins raectionsaid failure shall constitute
16 a violation of this section. µµµµµSuch violation shall continue until the .._inspection is
17 17 accomplished.Eachdaythat suchviolationcontinues shall be aseparate _violation.
18 31 This section shall not be construed to limit or restrict the City's authority
19 under the FloridaBuilding Code, Fire Prevention Code or International Properly
20 MaintenanceCode to conduct required ITsafety and ,permit inspections nor limit the City's
21 authority to seek an administrative search „ITwarrant under applicable law.
22
23 Duties ofVacation Rental Owner to be Available.
24
25 i, l The duties and functions of aIT vacation rental owner may, at the option of
26 the vacation rental, owner„ be aer rformed. by a designated agent of the vacation rental
27 owner, so Iona as the vacation rental owner notifies the City in writin on a designated
28 agentformprovided by the City„ of the identity and contact information of such agent
29 and the specific duties that the agent will be performing for the vacation rental owner.
30 The vacation rental owner may changethedesignation of agent at any time throughthe
31 filing ofa new form andtheoaymen,t of an administrative fee in an amount as set b).
32 resolution by the City Council. Adesignated agent may beheld accountable for violations
33 of this section with respect totheapplicable vacation rental assigned to the agent.
34 However the vacation rental owner shall be held mrespwonsible for all actions of such
35 designated agent.
City of Cape Canaveral
Ordinance No. 10-2021
Page 12 of 16
1 2iIT_._ITm A vacation rental owner or designated agent, as applicable, shall reg..,istera
2 contact telephone number with the City which shall be monitored and answered brthe
3 vacation rental owner or designated agent onwa twenty-fourITi24ihour a da..yc seven (7) days
4 a week basis to respond to police, fire or other emergen 2ersonnel requests, the needs
5 of occupants staying at the vacation rental and resondinrto comlaints regarding the
6 conduct or behaviorof occupants and their guests. The contact number shall be required
7 to be posted on the notice required *subsection ie)., Otherwise, a vacation rentalowner
8 or designated agent„ as applicable„ must also.register ister a telephone number ITto res; oond to
9 the Gigs re ulatory __personnel during, , normal business hours on Monda throuc h
10 Saturday 9:00_a.mto 5;00 pp.
11 l) , ,A„vacation rental owner must be willing andable to be physically present
12 at the vacation rental forinections required by this section and upon notification of code
13 or law enforcement or fire/EMS personnel _for issues related to. the vacation rental_and
14 shall be physically present within sixty 160) minutes of notification unl ss otherwise
15 required by„such _.personnel.
16 i41 Conduct on -site inspections of the vacation rental at the end of each rental
17 period to ensure continued compliance with the requirements of this section.
18 i5 Maintain for three ears a log of all bookinrgs of the vacation rental,
19 including the dates of each rental and number of occupants and said log shall be available
20 for inspectionby the City to determine compliance with this section Nothing herein shall
21 be construed to require the. provision of personal information of the occupants.
22 f'hl Duty of Vacation Rental Owner- Sexual Offenders/"Predators.
23 i A vacation rental owner or designated agent, asmapplicable shall inquire
24 prior to check-in,if any intended occupant ww_atmmmmthe ITITITvacation rental is a sexual
25 offender predator as defined byw_the Florida Sexual Predators Act j 775.21 Fla.
26 944.606. Fla. Stat.....or...other applicable law. LLlf any occupant of a vacation rental is asexual
27 offender/predator, _the vacation rental owner or agent shall immediateI nootif the
28 Brevard County Sheriff's Office.
29 12i A vacation _rental IT owner or desi nated a , ent isresg onsible for ensuring
30 that sexualw_„offenders: aredators residin,ithin the vacationrental register withthe
31 Brevard County Sheriff's office following theprocedures set forth in 1,775.21, Florida
32 Statutes, at least 48 hours prior to arrival atavacation rental regardless of lenagth_of staff.
33 3 ....Pursuant to Section 747_102 Brevard County Code of Ordinances,
34 vacation rental owner or designated agent shall not rent a vacation rental to an occupant
35 that is a sexual offender/predator in violation of the distance separation requirements
City of Cape Canaveral
Ordinance No. 10-2021
Page 13 of 16
1
2
3
4
5
between homes and any school,, child care facility„., a ls 21a r round or other place where
children regularly congregate.
A violation of this. subsection by a vacation rentalowner or designated
agent shall be subject to a 500 penalty per violation
6 ii ...._ Accessory Structures Used as Sleeping Facility_.
7 It shall be unlawful to independently rent or lease as a vacation rentalor otherwise,
8 an accessot;structure ,used for sleepin,g that is not lawfully permitted by theW.Cityas...a
9 separate dwelling unit or house; or register such structure under this section. However,
10 an accessory structure ..ITITused for sleeping as part uWofITITthe rindJal ,dwelling or house
11 registered as...a vacation rental ma�be_included with, the re istration of the ,wind gal,
12 dweliinn or house if the accessory structure satisfies the definition of bedroom under this
13 section subject to the maximum occupancy restrictions set forth in subsectionid.,
14
15Independently Rentin„r Rooms Prohibited.
16 It shall .._be unlawful to independently rent or offer for rent individual rooms or
17 groups of rooms apart from the.... entire dwelling unit or house as a vacation rental.
18
19 Lk) Commercial Use of Property; Entertainment Venue Prohibited.
20 A vacation rental shall not be used or advertised for an commercial ornon-
21 residential use includin use of the property primarily as a party, event or entertainment
22 venue or social hall.
23
24 ll Compliance with Codes: Enforcement, Penalties.,
25 glj In addition tothe_provisions of this section, vacation rentalowners„mdesignated
26 agents, occupants and guests of the vacation rental shall comply with the, provisionsof
27 this section and all other applicable local, state and federal. laws,. regulations, rules_ and
28 standards "Codes" ). If violations of such Codes are found such violations shallbehandled
29 by.Mthe Cit yin the customary code enforcement manner, _..and _the City may pursue such
30 code enforcement administrative and/or judicial action as deemed necessar and allowed
31 by„law to fain current and _future compliance by the violator.
City of Cape Canaveral
Ordinance No. 10-2021
Page 14 of 16
1 2 Any ,.person owning renting,_ operating or using_a vacation rental in
2 violation ofwthis section shall be subject to the penalties set forth in section 1-15 unless
3 otherwise specifically set forth in the City Code_andIT to all applicable enforcement
4 measures and penalties authorized by law. Any .person of errating a vacation rental without
5 re istering as required btbis sectionshallbe subject to a penalty^; of '` 100.00 for the first
6 offense,ITIT_ 250.00 for the _second offense, andITmm 500.00 for each subsequent offense.
7 thereafter.
8
9 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
10 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
11 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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13 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
14 Cape Canaveral City Code and any section or paragraph, number or letter and any heading may
15 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical
16 and like errors may be corrected and additions, alterations, and omissions, not affecting the
17 construction or meaning of this Ordinance and the City Code may be freely made.
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19 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
20 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
21 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall
22 be deemed a separate, distinct and independent provision, and such holding shall not affect the
23 validity of the remaining portions of this Ordinance.
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25 Section 6. Effective Date. This Ordinance shall become effective immediately upon
26 adoption.
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28 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
29 of 2021.
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35 [Signature page follows]
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City of Cape Canaveral
Ordinance No. 10-2021
Page 15 of 16
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6 ATTEST:
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10 Mia Goforth, CMC
11 City Clerk
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18 First Reading: January 19, 2021
19 Planning & Zoning Board:
20 Advertisement:
21 Second Reading:
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24 Approved as to legal form and sufficiency
25 for the City of Cape Canaveral only by:
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Anthony A. Garganese, City Attorney
Bob Hoog, Mayor
Mike Brown
Robert Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
City of Cape Canaveral
Ordinance No. 10-2021
Page 16 of 16
For Against