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Home My WebLink AboutDraft Ordinance - Short term rentals(2) Meeting Type: Regular Meeting Date: 05-01-D7 AGENDA Heading Discussion Item 10 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: RESORT DWELLING UNITS DEPT/DIVISION: LEGISLATIVE Requested Action: City Council discuss the regulation of resort dwelling units. Summary Explanation & Background: The city attorney was directed to prepare an ordinance as follows: Prohibit resort dwelling units within the R-l, R-2 and R-3 zoning districts and establish as a principal use I within the C-1 commercial district. I Attached exhibits: 1. Proposed Ordinance No. 19-006 2. City Attorney's Executive Summary i 3. City Manager's Analysis i I 4. Building Official's E-Mail on the (4) Residential Occupancies 5. P&Z Board's 09-27-06 Recommendation 6. Article - Short-Term Vacation Rentals: Residential or Commercial Use? Discussion only. Exhibits Attached: Listed above. Department LEGIS LA TIVE DRAFT March 27,2007 ORDINANCE NO. 19--2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; CLARIFYING THE INTENT OF THE R-I, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS; DEFINING THE TERM "RESORT DWELLING;" PROVIDING FOR RESORT DWELLINGS AS PRINCIPAL USES IN THE C-l ZONING DISTRICT; SETTING FORTH A PROCEDURE FOR ESTABLISHING A NONCONFORMING STATUS FOR CERT AlNRESORTDWELLINGS IN THE R-I, R-2 AND R-3 ZONING DISTRICTS BASED ON CERTAIN EXISTING LICENSE A.~ TA.X FACTORS SPECIFICALLY ENUMERATED HEREIN; PROVIDING FOR EXPIRATION OF SUCH NONCONFORMING STATUS UNDER CERTAIN CIRCUMSTANCES; AMENDING THE SUPPLEMENTAL ZONING DISTRICT REGULATIONS TO RESTATE THAT ANY RENTAL OF A DWELLING UNIT SHALL BE FOR A MINIMUM OF SEVEN (7) DAYS; PROVlDrNG FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPOR..<\.TION LNTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. "WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the maintenance of the character of residential neighborhoods is a proper purpose of~oniJlg. See Village afEuclid v. Ambler Co., 272 U.S. 365 (1926); Miller v. Board of Public Works, 234 P. 381 (Cat 1925); and WHEREAS, limitations on resort dwellings and other transient commercial uses serve a substantial governmental interest in preserving the character and integrity of residential neighborhoods. See Cope Y. City of Cannon Beach, 855 P.2d 1083 (Or. 1993); Ewing Y. City of Carmel-By-The-Sea, 286 Cal. Rptr. 382 (Cal. Ct. App. 1991); and WHEREAS, the City seeks to maintain residential zoning districts that are free from congestion and overpopulation and that promote the permanent residency of families; and WHEREAS, the City's zoning district regulations are intended to permit only those uses that are expressly provided for under the list of principal uses and special exception uses for each zoning City of Cape; CllllaVe;llil Ordinance No. 19-2.006 Page 1 of 8 -- - DRAFT March 27, 2007 category; lllld WHEREAS, aU other uses not expressly provided for as a principle use or special exception are intended to be prohibited; and WHEREAS. resort dwellings are Dot currently expressly listed as a principle or special exception use within any zoning district; and WHEREAS, the City Council hereby finds that it is necessary to list resort dwellings within a specific zoning district in order to preserve the residential character of portions of Cape Canaveral and to protect Cape Canaveral from becoming an overvvhelming transient type commWlity; and \\'HEREAS, the City Council is aware of, and relies upon, case law precedent which holds that a property owner does not have a vested right in zoning ordinances and that the mere purchase of land does not create a right to rely on existing zoning. See e.g., City of Miami Beach v. 8701 Collins Ave, 77 So. 2d 428 (1954); Epifano v. Town afIndian River Shores, 379 So. 2d 966 (Fla. 4lh DCA 1979); and WHEREAS. the City Council also acknowledges that transient residential uses fail under a different occupancy classification under the Florida Building Code than other residential uses and that more stringent building and fire code requirements exists for transient residential uses for life safety reasons; and 'WHEREAS, the City Council also finds that in accordance with section ! 1 0- ! 21, Cape Canaveral Code, a change in occupancy classification of a building requires that the building official conduct an inspection ofthe building to detennine whether it complies with applicable building code requirements before issuing a new certificate of occupancy for the building based on the changed occupancy classification; and WHEREASt while the City Council desil--es to afford some protections to existing licensed resort dwellings that will become nonconforming under this ordinance, the City Council seeks to balance the competing interests between existing uses and the City Council's desire to protect the residential character of Cape Canaveral consistent with the City's Comprehensive Plan and to protect the safety of transient occupants; and WHEREAS, the City Council hereby fmds that protecting the residential character of the City of Cape Canaveral and promoting pennanent residency are of paramount public importance; and WHEREASt the City Council deems it to be in the best interests of the citizens of the City of Cape Canaveral to provide for resort dwellings as an additional pennitted use in the C-I Low City of Cape Callaveral Ordinance No. 19-2006 Page 2 of 8 DRAFT March 27, 2007 Density Commercial zoning districts; lUId WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby frods this Ordinance to be in the best interests of the public health. safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as conows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council oftbe City ofeape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape ClUIaveral, Florida, is hereby amended as follows {underlined type indicates additions and bb;kwul type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE I. IN GENERAL Sec. 110-1. Definitions. The following words, tenns and phrases, when used in this chapter, shan have the meanings ascribed to them in t.l1is section, except where the context clearly indicates a different meaning: *fi* Resort dwelling shall mean any individually or collectively owned one-family. two-family. three-family. Dr four. family dwel1in~ house or dwelling unit which is rented more than three (3) times in a calendarvear for periods ofless than thirtY (30) dayS or one (1) calendar month. whichever is less. or which is advertised or held out to the public as a place regularly rented for periods ofless than thirtv (30) days or one (I) calendar month. whicbever is less. *** ARTICLE VII. DISTRICTS City or Cape CIUUIVlm,1 Ordinance No. 19-2006 Page 3 of 8 DRAFT March 27, 2007 *** DIVISION 2. R-I LOW DENSITY RESIDENTIAL DISTRICT Sec. U0-271. Intent. The requirements for the R-I low density residential district are intended to apply to an area of single-family unattacbed residential development. Lot sizes and other restrictions are intended to promote and protect a high quality of residential development free from cong;estion and overoopulation, to promote the oermanent residency of single families and to enhance and maintain the residential character and integrity of the area. See. 110-272. Principal uses lInd structures. The principal uses and structures in the R-Ilow density residential district are as follows: Single-family dwellings. In no case shall there be more than one principal structure per lot or parcel. DWGlling olIit lentMs ofles5 than "..vcl:I daJ~ an. plvhibitc:d. *** DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-291. Intent. The requirements for the R -2 medium density residential district are intended to apply to an area of medium density residential development with a variety ofbousing types. Lot sizes and other restrictions lLTC intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further, the provisions herein are intended to promote areas free from cong~-uon and overpopulation. to promote the permanent residency of families and to enhance and maintain the residential character and integrity of the area. Sec. 110-292. Principal uses and structures. In the R-2 medium density residential district, the principal uses and structures shall be; (l) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or Cit-y of Cape ClWavcral Ordinance No. 19-2006 Page 4 of II - DRAFT March 27, 2007 (4) Public schools. Notwithstanding the foregoing, there shaH be no more than 15 dwelling units per net residential acre; aua dv4dI;l'1~ ..nit .~ntai5 ofk.,~ than ~Vt;.l da]~ 41" G^p..{'bly }.llohibitc;d. *** DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-311. Intent. The requirements for the R -3 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for sucb development. Further. the provisions herein are intended to oromote areas free from con~estion and overpopulation, to promote the permanent residency of families and to enhance and maintain the residential character and integrity of the area. See. 111)...312. Principal uses and structures. In the R-3 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre; and J.."UinS unit .cutals orks., thc\u .,G,,," d...]., lU<:: lW",p".5.,1,Y p.ohibi~. *** DIVISION S. C-l LOW DENSITY COMMERCIAL DISTRICT .** City of C.pe ClUlaveral Ordinance No. 19-2006 P.ge S of 8 DRAFT March 27, 2007 See. 110-332. Principal uses and structures. In the C-I low density commercial district, the following uses and structures are permitted: *** (15) Resort dwellings duly licensed by the state. *** ARTICLE IX. SUPPLEMENTARY DISTRICT REGULA nONS DIVISION 1. GENERALLY *** See. 110-485. Resort Dwellln2s: nonconformin2 use status: expiration. (a) Subiect to strict compliance with the requirements set forth in subsections (b) and ( c) of this section. any re-sort dweUinR e)(jr;ong !IS of November 21. 2006 on real propertY zoned R -I, R -2. or R~ 3 shall be deemed a nonconformin~ use subiect to the provisions of ChaDter 110. Article V. Nonconformities. of this Code. (b) In order to be considered existing as of November 21. 2006. the person claiming a nonconforming resort dwelling on real property zoned R-I. R-2. or R-3 must demonstrate that as of November 21.2006, the resort dwellin2 was licensed bvthe Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation and afmlicable transient rental taxes pursuant to section 212.03. Florida Statutes. have been duly paid. Jii.U-iher. said person must also demonstrate that the re.sort dweHing is in compiiance with the certificate ofoccupancvrequirements set forth in section 1 ] 0-] 21. City Code within ninety (90) daYS of the effective date of this ordinance. (c) Any person claiming that a resort dwelling should be deemed nonconforming under this section shall be required to file an at>olication with thecf!y manager within thirty (301 days of the effective date ofthis ordinance. The mmlication shall be on a form provided by the city manager and shall be for the QUI'POse of verifying whether or not a particular resort dweiling should be deemed nonconforming under this section. The application shan be accompanied with copies of all apt>licable licenses. tax receipts. and certificate of occuDancies which are necessary for the city manager to determine whether or not the resort dwellin~ should be declared a nonconforming use. In the event a J>eTSon demonstrates City of Cape Canaveral Ordinance No. 19-2006 Page: 6 of 8 DRAFT March 27, 2007 compli_ance with the license and tax reQuirements set forth in paragraph (b). but can not demonstrate compliance with the certificate of occupanCY requirements at the time the application is filed. the city mana~er shall render a final decision on the application at the time the reQuisite certificate of occupancy is filed with the city mana~er. or at the end ofthe ninety (90) day time period. whichever occurs first. Upon verification that a nonconforming resort dwelling use status exists. the city manager shall issue to the applicant a written notice of nonconforming use status for the particular resort dwelling. Upon the passing of the application deadline set forth in this subsection. all persons shall be barred from claiming nonconforming use status under this section. (d) Any resort dwelling deemed nonconforming pursuant to this section shall lose its nonconformin~ status if any one (l) of the following occurs: (I) The resort dwelling use is abandoned pursuant to section 110-197 of this Code; (2) The Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation revokes the resort dwelling's license for whatever reason. or if said license should otherwise expire or lapse at any time. See. 110-486. Rental Restrictions on Dwelllnl! Units. It shall be unlawful for any person to rent a dwelling unit for less than seven (7) consecutive days. *** Section 3. Repeal of Prior inCOnsistent Ordinances and Resulutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or mea..J.ing of this ordinance and the City Code may be freely made. Section S. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent City of Cape Canaveni OrdiIlanco No. 19-2006 Pase 7 DC 8 DRAFT March 27, 2007 jurisdiction, whet-l-}er for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shaJl not affect the validity oCthe remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _ day of ,2007. ROCKY RANDELS, Mayor A TrEST: For Against Bob Hoog - - Leo Nicbolas - - Buu Pelllos - - Rocky Randels - - SUSA..1Ill STILLS, City Clerk C. Shannon Roberts - - I" Legal Ad Published: First Reading: 2" Legal Ad published: St'llond Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordill&nce No. 19-2006 Page g of g -- BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. Attorneys at Law Debra S. Babb-Nutcher Offices in Orlando, Kissimmee, Cocoa, Vivian Cocotas Joseph E. Blitch Ft. Lauderdale & Tampa Michael O'Brien COigan Usher L. Brown · Scott J. Domstein Suzanne O'AgrestaO Mitchell B. Haller Anthony A. GarganeseO Katherine W. Latorre J.W. Taylor Amy J. Pitsch Jeffrey S. Weiss - - Erin J. O'Leary Catherine D. Reischmann 'Soard Certified Civil Trial Lawyer William E. Reischmann, Jr. "Board Certified City, County & Local Govemment Law Of Counsel March 30, 2007 Via Email Correspondence Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Re: Resort Dwelling Executive Summary The City Council and Planning and Zoning have held numerous meetings and have evaluated numerous proposals regarding the regulation of vacation rentals within the City. Given the number of meetings and proposals, I felt it would be helpful to provide the following executive summary of tlJ.e most recent draft ordinance. A. Purpose The proposed ordinance is a zoning regulation. It regulates the use of land within the City. The specific purpose of the proposed ordinance is as follows: 1. It adds the statutory definition of "resort dwelling" to the zoning code. Resort dwelling is a statutory term ofart that will be incorporated into the City Code. Section 509.242(1)(g), Florida Statutes, provides: Resort dwelling shall mean any individually or collectively owned one-family, two-family, three-family, or four-family dwelling house or dwelling unit which is rented more than three (3) times in a calendar year for periods ofless than thirty (30) days or one (1) calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods ofless than thirty (30) days or one (1) calendar month, whichever is less 225 East Robinson Street, Suite 660 . P.O. Box 2873 . Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596' Kissimmee (321) 402-0144' Cocoa (866) 425-9566' Ft. Lauderdaie (954) 670-1979 Website: www.orlandolaw.net . Email: firm@orlandolaw.net BelUlett Boucher March 30, 2007 Page 2 of5 This is a difficult definition to apply. Stating it a different way may be helpful. For example, in order for a dwelling unit to be classified as a resort dwelling, the unit must: A. Be a one, two, three, or four family dwelling hOllse or unit; and B. One or both of the following must be met: (1 ) The unit must be rented more than three (3) times in a calendar year and the rental period must be less than thirty (30) days or one calendar month, whichever is less; and/or (2) The unit is advertised or held out to the public as a place regularly rented for the time periods stated in (1). 2. It adds resort dwellings to the list of principle uses in the C-l zoning district. Currently, "resort dwellings" are not listed as either a principle or special exception use in any zoning district. The City Code provides that "all uses and structures not specifically or provisionally permitted [in the zoning district classifications] are prohibited." Therefore, resort dwellings are technically not an allowable use in the City. The purpose of this Ordinance is to expressly permit resort dwellings within the C-1 commercial zoning district. Thus, resort dwellings will continue to be prohibited in every other zoning classification. B. Grandfather Existing Resort Dwellings. 1. General Background Despite the fact that resort dwellings are not teclmically an allowable use in the City, the City Manager has uncovered during the public hearing process the fact that the State of Florida has issued approximately seven (7) resort dwelling licenses in the City of Cape Canaveral. These resort dwellings have also apparently complied with the City Code provision that prohibits the rental of dwelling units for less than seven days. It is my understanding that these resort dwellings are not located on property that is zoned C-l. Given these facts, the Council has wrestled with the issue of grandfathering (nonconforming status) these, and perhaps other, resort dwellings operating within the City. 2. Who is Grandfatbered? Upon adoption ofthe proposed Ordinance, any resort dwelling located in the R-l, R-2, or R-3 zoning district will be grandfathered as a nonconfonning use, provided: A. The resort dwelling was in existence on November 21, 2006; B. The resort dwelling was licensed by the Division ofRotels and Restaurants ofthe Florida Department of Business and Professional Regulation on November 21, 2006; Bennett Boucher March 30, 2007 Page 3 of5 C. Applicable transient rental taxes pursuant to section 212.03, Florida Statutes, have been duly paid; and D. The resort dwelling is in compliance with the certificate of occupancy requirements set forth in section 110-121, City Code within ninety (90) days ofthe effective date of this ordinance. However, although it is within the council's discretion to grandfather certain resort dwellings through the adoption of an ordinance, it may be questionable whether any resort dwelling currently operating within the City would meet the generally accepted legal definition of a grandfathered use. Typically, in order to be considered "grandfathered," the use must have been lawfully in existence before a change in law made them unlawful. In this case, although several resort dwellings were licensed by the State, the Cit'j Code appears to prohibit resort dwellings because they are not listed as a principle or special exception use in any zoning district. Furthennore, as explained below, resort dwellings, as a transient use, have a different occupancy classification than pennanent residential dwellings under the Florida Building Code. Converting a pennanent residential dwelling to a transient residential dwelling, like a resort dwelling, requires that the building official issue a new certificate occupancy. In order to receive a new certificate of occupancy, the resort dwelling must satisfy the applicable building and fire codes for transient residential dwellings. See e.g., Section 110-121, Cape Canaveral Code. It is uncertain at this time whether the existing resort dwellings which are licensed by the State are in compliance with the applicable building and fire codes. Thus, if it is detennined that these resort dwellings are not in compliance, it is doubtful they would teclmically be declared "lawfully" in existence at the time this Ordinance was adopted by the City Council. Therefore, it is debatable whether these licensed resort dweHings would be entitled to nonconfonning status under the law because they are technically not in compliance with the City's current zoning code and may not be in compliance with the City's certificate of occupancy requirements and Florida's Building and Fire Prevention Codes. Notwithstanding, the City Council can expressly provide nonconfonning status by this Ordinance. 3. Who Authorizes Grandfathered Status? Under the Ordinance, the City Manager must authorize a resort dwelling being declared a nonconfonning use. The proposed Ordinance provides a procedure for eligible resort dwellings to receive such a declaration. Particularly: A. An application must be submitted within thirty (30) days of the adoption of the Ordinance; B. The application shall be accompanied with copies of all applicable licenses, tax receipts, and certificate of occupancies which are necessary for the City Manager to detennine whether or not the resort dwelling should be declared a nonconforming use. Bennett Boucher March 30, 2007 Page 4 of5 If the applicant demonstrates compliance with the nonconforming status requirements, the City Manager shall issue a written notice of such status. Any person seeking nonconforming status after the thirty (30) day time period will be barred from seeking nonconforming status. 4. Can Grandfathered Status Be Terminated? If nonconforming status is granted by the City Manager, it may be terminated if: A. The resort dwelling use is abandoned under the nonconforming use section ofthe City Code; or B. The State of Florida revokes the resort dwelling's license or the license expires or lapses. C. Other Technical Amendments. The proposed Ordinance also: 1. Restates the Minimum Seven (7) Day Rental Requirement In The Supplemental Zoning Regulations. A new section 110-486 is created that provides, "It shall be unlawful for any person to rent a dwelling unit for less than seven (7) consecutive days." Because this provision will be codified in the supplemental zoning regulations, the seven day minium rental requirement will apply to a dwelling unit in any zoning district, including resort dwellings. 2. Clarifies the Intent and Purpose of the R-l, R-2, and R-3 Zoning Districts. The following language will be added to the R-I, R-2, and R-3 zoning districts to declare that the districts are intended to be "free from congestion and overpopulation, to promote the permanent residency of single families and to enhance and maintain the residential character and integrity of the area." D. Other Policy Considerations. 1. The North American Industry Classification System, United States, 2002 Edition, classifies "Lessors of Residential Buildings and Dwellings" (531110) as an industry comprised of "establishments primarily engaged in acting as lessors of buildings used as residences or dwellings, such as single-family homes, apartment buildings, and town homes. Included in this industry are owner-lessors and establishments renting real estate and then acting as lessors in subleasing it to others. The establishments in this industry may manage the property themselves or have another establismnent manage it for them." Bennett Boucher March 30, 2007 Page 5 of5 Therefore, it appears that resort dwellings should be categorized as an industry, not a residential use. 2. Section 110-121, Cape Canaveral Code provides: No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor. Issuance of a certificate of occupancy shall not be construed as an approval of a violation ofthe provisions ofthe city code or any other applicable law. If issuance of such certificate is refused, the building official shall state such refusal in writing with the reason. A temporary certificate of occupancy may be issued by the building official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public. According to the building official, a resort dwelling is a transient residential type use classification under the Florida Building Code. It does not have the same use classification as a permanent residential use. In other words, in accordance with section 110-121, if a property owner converted, or sought to convert, a permanent residential use to a transient residential use, like a resort dwelling, the property must be inspected to ensure that the dwelling complies with the applicable provisions of the Florida Building and Fire Prevention Codes and a new certificate of occupancy will need to be issued if the dwelling were in compliance. Consequently, Substfu'1tia! life safety issues are at issue whenever a permanent residential dwelling is converted to a transient residential dwelling. Again, it is unclear at this time whether the existing resort dwellings, whether licensed by the State or not, have been properly inspected to determine compliance with applicable building and fire codes. Should the City Council decide to grandfather the resort dwellings already licensed by the State, the proposed ordinance will require that the resort dwelling seek, and receive, from the City a new certificate of occupancy under the transient residential use classification set forth in the Florida Building Code. lfthe resort dwelling can not comply with the building and fire codes within that time period, the resort dwelling will not be grandfathered. I look forward to discussing this matter more fully at the City Council meeting. City Manager's Office Memo Too Mayor & City Council Membe~' From: Bennett Boucher, City Manag . . _!5 CC: Planning & Zoning Board Me ers Date: 01/05/2007 Re: Resort Dweiiing - Analysis of Comprehensive pian and Land Development regulations. I recently completed a review and analysis of the Comprehensive plan and Land Development regulations and the foilowing are my findings. The comprehensive plan housing element deals mostly with affordable housing by encouraging it and other types of housing. If resort dwellings were an official permitted use, this could take housing inventory out of the market. The comprehensive plan future land use element deals mostly with protec-ting the residential character of the residential zoning districts. The City currently does not define - resort dwelling in our Land Development Regulations. (LOR's). These are the definitions in the City LOR code describe residential uses; Dwelling. multiple-family, means a residential building designed for or occupied by three or more li:unilies, with tht: numbt:r of families in residence not exceeding the number of dwelling units provided. Dwelling, single-family; means a detached residential dwdling lUlit other than a mohile home, designed Lor and occupkd by one family. 1 -'" . Dwelling. two-family. means a detached residential building containing two dwelling units, designed fbr occupancy by not more than two families. Dwelling unit or living unit means one room or rooms connected together, constituting a separate independent housekeeping estabiislunent for owner occupancy, for rent or iease, and physically separated from any other rooms or dwelling units which may he in the same stnlcture and containing independent cooking and sleeping facilities. Family means a person or a group of persons related to each other by blood or marriage or a group of not more than four adults who are not necessarily so related, living together under one roof as a single household unit. Residential district means that area set aside primarily for use as low and medium density residential housing. Sec. 110-272. Principal uses and structures. The principal uses and structures in the R-1 low density residential district are as follows: Single-family dwellings. In no case shall there be more than one principal structure per lot or parcel. Dwelling unit rentals of less than seven days are prohibited. (Code 1981,9637.03) Sec. 110-275. Prohibited uses and structures. In the R-1 low density residential district, all uses not specifically or provisionally permitted in this division and any use not in keeping with the single-family residential character of the district, including two-family and muitipie-famiiy dweiiings, townhouses and mobile home parks, are prohibited. (Code 1981,9637.09) Sec. 110-292. Principai uses and structures. In the R-2 medium density residential district, the principai uses and structures shall be: (1 ) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre, and dwelling unit rentals of less than seven days are expressly prohibited. (Code 1981. S 637.17; Ord. No. 17-96. S 1, 10-1-96) . Page 2 Sec. 110-295. Prohibited uses and structures. In the R-2 medium density residential district, all uses and structures not specifically or provisionally permitted in this division are prohibited. (Code 1981, S 637.23) Sec. 110-312. Principal uses and structures. In the R-3 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre, and dwelling unit rentals of less than seven days are expreSsly prohibited. (Code 1981, S 637.31; Ord. No. 17-96, ~ 2,10-1-96) Sec. 110-315. Prohibited uses and structures. In the R-3 medium density residential district, aii uses and structures not specifically or provisionally permitted in this division are prohibited. (Code ,98'1, S 637.37) After you review the above, resort dwelling as defined by the State beiow, is not a permitted use in any of the City's residential districts. The state of Florida defines resort dwelling as - a resort dwelling is any individually or collectively owned one-family, two-family, three-family, or four-family dwelling house or dwelling unit which is rented more then three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever Is less, or which is advertised or held out to the public as a place regularly rented for periods of less then 30 days or 1 calendar month, whichever Is less. Additionally, (this is an important point) you can rent a unit for a week or longer under the current code and not trip the State's definition of a "resort dwelling" and be a conforming use. This can occur when the frequency of the rental does not meet or exceed the State's definition. . Page 3 If you rented a unit that tripped the State's definition of a "resort dwelling" then you are in violation of the City's code because this use is not defined or listed as a principal use in the R-1, R-2 and R-3 zoning districts. If the City were allow "resort dwellings" as a permitted use, I believe there would be comprehensive plan consistency issues that would have to be addressed in order to allow this type of use within the City's residential districts. . Page 4 t'age J ot I Bennett Boucher From: Todd Morley [morley-cape@cfl.rr.com] Sent: Tuesday, March 20, 20074:24 PM To: 'Bennett Boucher'; 'Anthony Garganese'; 'Sob Hoog': 'Buzz Petsos'; 'C. Shannon Roberts'; 'Leo Nicholas'; 'Rocky Randels' Cc: dsargea nt@ccvfd.org Subject: RE: resort dwelling Hello everyone. The Florida Building Code breaks down residential occupancies into 4 categories (R1. R2. R3 &R4). We have to be careful not to confuse these with our City zoning classifications - a very different issue. R 1 is transient residential (less than 30 days). R2 is permanent residential (more than 30 days) and multi-family R3 is permanent residential (more than 30 days) and one or two-family R4 is residential care/assisted living facilities for not more than 16 occupants. If a property owner wishes to change from one occupancy classification to another. both the Building Code and the City Ordinance (Sec. 110-]:2]) require a that person apply for and obtain a pennit for a change of occupancy classification. A permit and inspections will be required. A Certificate of Occupancy must be obtained for the new use. There are occupant load compliance issues. R2 and R3 permit one occupant for every 200 s.f. That means a 3.000 s.f. transient residential unit could have 15 occupants. If a property achieves a Change of Occupancy Classification to RL then the fire code allo\vs one occupant for every 150 s.f. That means a 3.000 s.f. transient residential unit could have 20 occupants. There are 25% more people and they are transient. So this becomes a more intense use as far as life safety. When changing to a new. more "life-safety-intense" occupancy classification (i.e. from R3 to R I), the building code specifies that a number of improvements must be made to protect life safety. Among the requirements the Fire Dept. and Building Dept. are currently reviewing are provisions for a fire protection system. a fire alarm system. separation requirements. egress modifications. plumbing facilities and ADA modifications. There wi!! also be zoning codt: compliance issues (i.e. parking spaces and sewer impact fees). I 'II let you kno\v more tonight. -Todd 3/20/2007 - ~lifi11'. "';t'*~f~tlij~r~l?~; ,. j~:~::-!.'f'''~:' ," City of Cape Canaveral Date: October 10, 2006 To: Bennett Boucher. City Manager Susan Stills, City Clerk From: Sea McNee/y, Chairperson, Planning & Zoning Board Re: Recommendation to City CouncU Proposed Ordinance No. 19-2006 Clarifying The Intent Of The R-1, R-2. and R-3 Regulations Residential Zoning Districts --- -..--- .....______v At the Planning & Zoning Board meeting, held on September 27, 2006, by a vote of three for and two against, the Board recommended approval of the above referenced proposed ordinance. Please schedule this item for an upcoming City Council meeting. 105 Polk Avenue · Post Office Box 326 · Cape Canaveral, FL 32920-0.326 Telephone: (321) 868-1122 · SUNCOM: 982-1222 · FAX: (321) 868-1247 www.myflorida.comlcapc · cmail: ccapcanavcral@dl.rr.com PLANNING & ZONING BOARD Page 1 of 4 PLANNING & ZONING BOARD MEETING MINUTES ~ SEPTEMBER 27, 2006 - A Regular Meeting of the Planning & Zoning Board was held on September 27, 2006, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBER_S PRESJ;:NT Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson John Johanson 1 st Alternate OTHER~RESENT Duree Alexander Acting Secretary Todd Peetz City Planner Kate Latorre Assistant City Attorney Bennett Boucher City Manager Robert Haag Mayor Pro T em Buzz Petsos Council Member NEvV BUSiNESS: 1. t\QRrov~of Meeting MInutes: Septemper 13, 2006. Motion by Donald Dunn, seconded by Harry Pearson, to approve the meeting minutes of September 13, 2006. Vote on the motion carried unanimously. .1'7 2. Review and Recommendation to City Council Re: Proposed Ordinance Regarding Vacation 1-/ '-._~ Rentals - Kate Latorre, Assistant City Attorney. - Todd Peetz, City Planner, gave an overview of the agenda item. He explained that the agenda item was discussed several months ago and most of the issues had been resolved at that time. The item was put on hold to see the outcome of the Brevard County lawsuit regarding short term rentals. However, at the last City Council meeting the Council requested staff move forward with the item. i Kate Latorre, Assistant City Attorney, explained that this ordinance had been revised based on City Council recommendations to prohibit vacation rentals for less than ninety (90) days in the R-1, R-2, and R-3 residential zoning districts. She stated that the Brevard County lawsuit was in the beginning stages and that no significant ruling had been made which would provide any type of guidance. Consequently the Council requested that staff move forward and prepare the ordinance. Chairperson McNeely asked if the City Council had any specific recommendations. http://www.myflorida.com/cape/ Archived%20Minutes/P &Z/2006/09- 2 7 -06 .htm 4/23/2007 PLANNING & ZONING BOARD Page 2 of4 Planning & Zoning Board Meeting Minutes September 27, 2006 Page 2 Kate Latorre, Assistant City Attorney responded that the City Council's specific instructions were to prohibit vacation rentals in all residential zoning districts for single family dwellings or multiple family dwellings with four (4) or less units for periods of less than ninety (90) consecutive calendar days, which would exclude larger condominiums and apartment complexes. She stated that the intent of each zoning district was amended to further explain and promote the City's intent for permanent residency of families in these districts; the ordinance specifically prohibits what staff has defined as "transient commercial use" in these zoning districts and has been added to the definition section of Chapter 110; to avoid conflict, the sentence "dwelling unit rentals of less than seven days are expressly prohibited" has been stricken frorn the R-1, R-2 and R-3 residential zoning districts. Bea McNealy, Chairperson asked if there was a provision for penalties in the ordinance. Kate Latorre, Assistant City Attorney responded that there was no provision in this particular ordinance; however, she asked that the Board consider a period of time for existing rentals to come into compliance. There was open discussion by the board members regarding the ninety (90) day time limit recommended in the proposed ordinance; the issues of short term rentals in regards to noise, parking and number of people residing in the units for short periods of time; and the effect on the long term residents. Donald Dunn asked hm." Brevard County and other municipalities are regulating the amount of time allowed for short term rentals. Kate Latorre, Assistant City Attorney responded that she believed the County is limiting the short term rentals to sixty (60) or ninety (90) days and that the State pre-empts local regulation to a certain extent. She stated that due to the numerous concerns presented to City Council that the intent of this particular amount of time is to eliminate some of the problems that are associated with the short term rentals as previously discussed. There was open discussion by the board members regarding permitting requirements for existing short term rentals; fire inspections; and owner contact information being posted in the rental units. John Johanson asked if City staff had reviewed other City's ordinances regarding short term rentals. Todd Peetz, City Planner stated staff had reviewed a dozen or more ordinances ranging from three (3) days to thirty (30) days, with some jurisdictions prohibiting short term rentals altogether. http://W\VW.myflorida.comJcape/ Archived%20Minutes/P &Z/2006/09-2 7 -06 .htm 4/23/2007 PLANNING & ZONING BOARD Page 3 of4 Planning & Zoning Board Meeting Minutes September 27, 2006 Page 3 Timothy Levensaler, 419 Jackson Avenue, Cape Canaveral, stated he is opposed to the new ordinance. He owns properties that are short term rentals in the City and has obtained all the required licenses to operate his business. The problems that have been addressed by the board, such as noise, number of people and parking; he has addressed with his tenants and surrounding neighbors. He stated that he has posted his personal contact information in all his rental units and resides at one of the short term rental properties. He stated that he felt the only problem may be parking. Burt Patrick, prior City Manager addressed compliance with the current zoning ordinance which allows pre-existing uses to be grandfathered and asked that the board consider grandfathering the existing uses. Todd Peetz, City Planner stated that a time amortization schedule would be created to amortize those uses so that they would not have a grandfathering ability. Bill Correnti, 8774 Live Oak Ct., Cape Canaveral, stated that he is opposed to the new ordinance; he believes that long term residents are more of a problem than the short term renters; and that short term renters are not the same as transient rentals. Kate Latorre, Assistant City Attorney provided a definition for transient rentals. Annie Tenenbaum, 8194 Lake Drive, Unit 306, Cape Canaveral, stated her concerns regarding not allowing short term rentals. Shannon Roberts, 703 Solana Shores Drive, Unit 505, Cape Canaveral, stated her concerns regarding the short term rentals; the noise factor when short term rentals are introduced into a quiet residential area; difficultly in dealing with weekly renters whose concerns are here only to ~ have fun; consideration of time shares which are different from condominium associations. Motion by Bea McNeely, seconded by Lamar Russell that the board recommend approval of the draft Ordinance to the City Council with the condition that an amortization period be added for existing agreements to expire in one (1) year. Discussion followed regarding regulating noise; number of people; enforcement; type of amortization schedule. Members voted as follows: Donald Dunn, for; John Fredrickson, against; Bea McNeely, for; Harry Pearson, against; and Lamar Russell, for. Motion passed three to two. OPEN DISCUSSION Bea McNeely, Chairperson opened the floor for discussion. http://www.myflorida.comlcape/ Archived%20Minutes/P &2/2006/09- 27 -06.htm 4/23/2007 fd-b 7-;)1- O{, ORDINANCE NO. 19~2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA. AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; CLARIFYING THE INTENT OF THE R-I, R-2 AND R-3 RESIDENTIAL ZONING DISTRlCTS, DEFINING THE TERM ''TRANSIENT COMMERCIAL USE;" PROIDBITING TRANSIENT COMMERCIAL USES IN THE R-I, R-2 AND R-3 RESIDENTIAL ZONING DISTRICfS FOR SINGLE FAMILY DWELLINGS OR MULTIPLE FAMILY DWELLINGS WITH FOUR (4) OR LESS UNITS FOR PERIODS OF LESS THAN NINETY (90) CONSECUTIVE CALENDAR DAYS; ESTABLISIfiNG AN AMORTIZATION SCHEDULE FOR TRANSIENT COMMERCIAL USES IN RESIDENTIAL ZONING DISTRICTS WHICH WERE IN EXISTENCE, LICENSED BY THE STATE AND PAID APPLICABLE STATE TRANSIENT RENTAL TAXES BY DATE CERTAIN AS SET FORTII IN TIllS ORDINANCE; PROVIDING FOR EXTENSIONS; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS TO CRAYI'ER 110, ZONING; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTlVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article vm, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibite.d by law; and WHEREAS, the maintenance of the character of residential neighborhoods is a proper purpose of zoning. See Village of Euclid v. Ambler Co., 272 US. 365 (926); lyfiller v. Board of Public Works, 234 P. 381 (Cal. 1925); and WHEREAS, limitations on transient commercial uses of residential dwelling units serve a substantial governmental interest in preserving the character and integrity of residential neighborhoods. See Cope v. City of Cannon Beach, 855 P.2d 1083 (Or. 1993); Ewing v. City of Cannel-By-The-Sea, 286 Cal. Rptr. 382 (Cat Ct. App. 1991); and WHEREAS, the City seeks to maintain residential zoning districts that arc free from congestion and overpopulation and that promote the permanent residency of families; and WHEREAS, the City Council has considered and relied upon, in part, studies entitled A Rezoning Study, prepared by Tuttle-Armfield-Wagner dated May 2, 2005 and Brevard County Economic Analysis of Residential Rezoning Draft Report, prepared by Tindale-Oliver & Associates, City of Cape Canaveral Ordinance No. 19-2006 Page I of 8 rd-b 7~.27-Dr; Inc. dated May 2005 for purposes of determining a reasonable time period, fonnula and procedure for amortizing nonconfonning transient commercial uses; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape C<Lnaveral, Florida, is hereby amended as follows (underlined type indicates additions and ~t1ik.cont type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CH..<\.PTER 110. ZONING ARTICLE I. IN GENERAL Sec. 110-1. Definitions. The following words, tenns and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: *** Transient commercial use means the rental or use of a residential dwelling unit as a bed and breakfast. hostel. hotel. inn. lod~e. motel. resort or other transient lodging uses for compensation. money. rent. or other bariained for consideration given in return for occupancy. possession or use of the dwelling unit. *** ARTICLE vn. DISTRICTS *** DIVISION 2. R-t LOW DENSITY RESIDENTIAL DISTRICT City of Cape Canaveral Ordinance No. 19-2006 Page 2 of 8 /:::7~ l-- J- 9~2 7- vG Sec. 110-271. Intent. The requirements for the R-Ilow density residential district are intended to apply to an area of single-family unattached residential development. Lot sizes and other restrictions are intended to promote and protect a high quality of residential development free from con~estion and overpopulation. to promote the permanent residency of single families and to enhance and maintain the residential character and integrity of the area. *** Sec. 110-275. Prohibited uses and structures. !&. The transient commercial use of a single-family dwelling for less than ninety (90) consecutive calendar days is prohibited. However. any dwelling beini utilized as a transient commercial use. which was in existence and licensed by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation on (INSERT DA TE) and that has paid applicable transient rental taxes pursuant to section 212.03. Florida Statutes. shall be subiect to the amortization provision in section I 10-485 of this Code. Dll hi tl.c R- J lo~ d~n6~t, l(.~idclltial disttkt, all All other uses not specifically or provisionally permitted in this division and any use not in keeping with the single-family residential character of the district, including two-family and multiple-family dwellings, townhouses and mobile homes parks, are prohibited. *** DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT See. 110-291. Intent. The requirements for the R-2 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further. the provisions herein are intended to promote areas free from congestion and ove1J>OJlulation. to promote the pennanent residency of families and to enhance and maintain the residential character and inte\:rity of the area. *** Sec. 110-295. Prohibited uses and structures. illl The transient commercial use of a single-family dwelling or a multiple-family dwellin~ with four (4) units or less for a period ofless than ninety (90) consecutive calendar days is prohibited. However. any dwellinr: beinr: utilized as a transient commercial use. City of Cape Canaveral Ordinance No. 19-20<)6 Page 3 of 8 rrr-b c ' / ~27~~ which was in existence and licensed by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation on (INSERT DATE) and that has paid applicable transient rental taxes pursuant to section 212.03. Florida Statutes. shall be subiect to the amortization provision in section 110-485 of this Code. M Dwellini: unit rentals ofless than seven (7) days shall be prohibited in multi-family structures of five (5) units or more. ~ In the R-2 m....d~tlUl dc.tlsity rc;llidc.Hl~ai Jistri(,l, all All other uses and structures not specifically or provisionally pennitted in this division are prohibited. ."'. DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-311. Intent. The requirements for the R-3 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further. the provisions herein are intended to promote areas free from con~estion and ovetpopulation. to promote the permanent residency of families and to enhance and maintain the residential character and inte~ty of the area. *** Sec. 110-315. Prohibited uses and structures. ill) The transient commercial use of a single-family dwelling or a multiple-family dwelling with four (4) units or less for a period ofless than ninety (90) consecutive calendar days is prohibited. However. any dweiiing bein~ utilized as a transient commercial use. which was in existence and licensed by the Division ofRotels and Restaurants of the Florida Department of Business and Professional Regulation on (INSERT DATE) and that has paid applicable transient rental taxes pursuant to section 212.03. Florida Statutes. shall be subiect ~9 the amortization provision in section 11 0-485 of this Code. .au. Dweliing unit rentals of less than seven (7) days shall be prohibited in multi-family structures of five (5) units or more. ~ In the. R-J ul....dhHll dcn~it) lcsidc.l,hal di&ukt, ail All other uses and structures not specifically or provisionally permitted in this division are prohibited. *** City of Cape Canaveral Ordinance No. 19-2006 Page 4 of 8 c.:/:J d- b '1 h ;/t?" ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY *** Sec. 110-485. DweIlines: transient commercial use: amortization schedule: extensions. W. Any dwelling which is subject to this section shall cease operating as transient commercial uses within one (1) year from (INSERT DATE). and shall thereafter be used in a manner consistent with the zonin!! district applicable to the property where the dwelling is located. .au. Owners of any dwe1lin~ which is eligible for amortization under this section shall l;'rovide written proof of state license and payment of apJllicable state transient rental taxes. La Extensions. ill Owners of dwelIin~s subiect to this section who cannot reasonably recover their allowable unrecoverable costs within one (I) year after (INSERT DATE) may file a written reauest for an extension on the grounds that the one (1) year amortization period is insufficient with respect to an individual transient commercial use. Such extension reauest shall be filed with the City Manager within ninety (90) days from (INSERT DATE). Failure to fiie a request for an extension within said time period shan bar th~ filing of an extension. ill. The amortization period is to be determined by (INSERT DECISION MAKING BODY /PERSON) using the following formula: Allowable unrecoverable costs divided by annual transient commercial use income equals the number of amortization years. or fraction thereof. ill. The owner of the dwelling has the burden of proof by preponderance of the evidence to present sufficient documentation evidencing the values for allowable unrecoverable costs and estimated annual income. ill Allowable unrecoverable costs means those costs that are specifically related to managing a transient commercial use. Allowable unrecoverable costs must be costs incurred for the sole use in the transient commercial use. Such costs include but are not limited to: costs associated with state licensure (safety signs. fire extinguishers. etc.): kitchenware (silvelWare. pots. pans. dishes. etc): linens and bedding- (tablecloths. sheets. pillows. etc) and furniture (beds. couches. chairs. etc). Such costs must have accrued within five (5) years before the effective date of this ordinance. Additionally. such costs must be deJlreciated 20 percent (20%) per year. City of Cape Canaveral Ordinance No. 19-2006 Page 5 of 8 rd-b f-;r)--Jb ill. Allowable unrecoverable costs does not mean costs that add value to the property despite its use. Such ineligible costs include but are not limited to: roofing repairs: landscaping. including paving: pools. hot tubs and jacuzzis. room expansions: remodeling: and air conditioning systems. iliL Annual transient commercial use income means the income received from rents of the transient commercial use minus expenses incurred solely for operation of the transient commercial use. Expenses for operating the transient commercial use include but are not limited to: mortgage interest for actual rental periods: commission to a rental aient: utilities. ordinary maintenance (not major repair): and cleaning services. Expenses not directly related to the operation of the transient commerci&l use such as mortgage interest fOf non-rental periods are not to be included in the calculation of transient commercial use income. ill In determining the amortization period. the (INSERT DECISION MAKING BODYIPERSON) shall consider any bona fide contracts entered into before (INSERT DATE) for violation with the Impairment of Contracts Clause. Article I. Section I 0 of the Florida Constitution and adjust the amortization period to lawfully address the term of the existing contract. *** Section 3. Conforming Amendments. The following conforming amendments are made to Chapter llO, Zoning, of the Code of Ordinances, City of Cape CanaveraI, Florida (underlined type indicates additions and stJ.a..cvut type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 1I O. It is intended that the text in Chapter 1 JO denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING *** ARTICLE vn. DISTRICTS *** DIVISION 2. R-l LOW DENSITY RESIDENTIAL DISTRICTS *** Sec. 110-272. Principal uses and structures. The principal uses and structures in the R-llow density residential district are as follows: City of Cape Canaveral Ordinance No. 19-2006 Page 6 of 8 r if- ~? C -? /) ::{-" 7-0"./- ~ Single-family dwellings. In no case shall there be more than one principal structure per lot or parcel. DwdHilg unit Iental" of kss thatl "",.,0 dayS a..o.e pluhl'ult~d. *** DIVISION. 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT *** Sec. 110-292. Principal uses and structures. In the R-2 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre; lI:hd d~eIlin& unit lChurls of less LilaH sc.,'-u da,s Me. ..x.p.""sly ploh~1:,itc.d. *** DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT *** Sec. 110-312. Principal uses and structures. In the R-3 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre, and d~"llih~ !!!!~t lenUd" u[ 1",,5 thaIl seve.n daJs ale. expl(,s"ly ptoI.lbited. City of Cape Canaveral Ordinance No. 19-2006 Page 7 of 8 /::)d~--' t! .-6 e ./) /) . Jt ) ~ d- /- Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _ day of ,2006. ROCKY RANDELS, Mayor A TrEST: For Against Burt Bruns - Bob Hoog - Leo Nicholas - SUSAN STILLS, City Clerk Rocky Randels Buzz Petsos - First Reading: Legal Ad published: Second Reading: Approved as to legal fonn and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 19-2006 Page 8 of 8 Application for Resort Dwelling Amortization Pursuant to City of Cape Canaveral Ordinance 19-2006 Resort Dwelling Address: OWner Name: Owner's Mailing Address: Contact Phone Number: '.; ~ ~:~ '\'~'!f_,/,:1'~';j: {~'~1~:'~'" , i,\t?~?flrt~~~~i~li~;~!" DSPR License #:%'!~,Da'6i'l~._ued: ( h ) O"c\)"".,,, .,.""", ".', ., attac copy .,:...,;F,tf .. .:....1". .:.~t~;i!i};*"~l.;.~'~4i!\';~~':~~iJ~~;~:;~k ...... .., .,,, Sales Tax CertIficate #: ~l(~}~@~;;'J.M~ssuea~+~~:".;i":"';~';V'1,';T...t}" (attach copy) . "'1~~~".=:~~~~~'.\j'" ":j~fi "',~~' Are you requesting an impairment of contracts adjustm~.:t~es'ir;'. NS;: f.;' (If yes please attach copies of the contracts) ;':V:~;:'\;i~;*Ai!~;t~lJ;.~*., .. . ',' ~ ~'~~:~;i.~;~;,~1:~A;~~:;::~~~L,;,.. Amortization Adt~~~ent Re~~~;\, Total Allowable Unrecoverable Costs from, ~"e<>tS ("C;;.-V As defined In section 11Q.485(c)(4), City Code. ,._iJ.~ .'i'.li~7'&~)jf~, '.,. Please state the number of worksheets aft ,~w ". ,,:=. ',T~,~J:~f~;'~~~~!li~., ;;i~~r:~J. " .~:~:#~\\:~ ':~~r~;~:~>~fr,~:':::: '~':~~:-,:\h Total Rents Received Annualized ("Rents'):;",~,:,.iJ!.l1\l'~;~iW;;if~i;F" As defined in section 110-485(c)(6), City Co~, \:.:'l;'?i~~'~'" ~;i~!~T"ii Please attached documents relied qn'1t9.tqetefmine.jfamOl)n}~G;; . -'.__ ~__..___. ~~~~~l~!~~hcrl' '~rt~~~::~!~~,;;,~~;l:' How many supponmg UUc.;IJl/I<;;IIL~ am;~ttr;l""''''u. d,,,,.,..:d,I,..!'.;;;-.' ~:~;~-ii;2,;;-:;'i,.;;;~:~]:li" Total Allow~ble ~xpenses ~~~~~i' As defined In sectJon 1!~85(c)(6), Cftjl~;':']:: Adjusted fromi,~~~i\~~~heetS"("~IQ: PI . .. ,,;~'~., t'~ . .ea~e ",8.. .ff~l1um 'fi>. I... ~. ,~e.s a e", .-:'''' w:'L"~'Gwj:~::.::;" "'~':'~,"~~;)~IPf:;:,'t:;:i,. '*':~~;r:t::{ ",""" .J~'\)'F'.' [ri~i;.5;;tf;:i' Amortiz~fdt_rmula in years or fraction of years: ~'irAUf:< .'~:':j,~:,.\:..... ";::'~;i\;';,~~~k~ costs~:;;};,t ',~~li .. ) divide91;~y:t~ents ( ) minus Expenses ( )] "'i i~i}r?')';','. .""'. equals AmOrtfZa~q;pe~od ( ',',':,. ). !.:;il~'.~i~1~r .' ;,:~.ltf~~~: ...,',.-.,.j . "'-""" l~:~~f;'r;:r."~., I hereby certi~.t the information contained in this application is true and correct to the best of my knowledge. Date: Signature Printed Name 1 AppliC.8f1t must prove by preponderance of the evidenc-e. ZOIY/H MARCH 2002 AMERICAN II PLANNING ASSOCIATION Short-Term Vacation Rentals: Residential or Commercial Use? By Nate Hutcheson What happens when people live and vacation in the same town, where - ~; vacation homes and permanent homes are often side by side? . . . A survey of almost 40 tourist- oriented communities was taken fa,. this issue of Zoning News. A mericans love w vacation as much as they love their The dynamics vary from one toWn to the next. but the issue vac:ation destinations, and demographers have notic:ed. seems to gro\v more contentious as more vacationers and year- New migration patterns into some of the fastest growing round residents live next to one another. A survey of almost 40 communities in the country-resore (Owns-suggest that many (Ourist-oriented communities was taken for mis issue of Zoning people are relocating to rhe places thar were once just swnmer News in order to shed light on this increasingly vexing land~use or weekend getaways. According ro Peter Wolf. author of Hot phenomenon. Towm, "A neW species of American is on me move: not. as in the past, the needy. bur the comfortable, weii-educated, and weli- Relevance and Research Background trained; nOt the job seekers and risk takers, but those .with i_ .....^^, A flA; T'll . A.l' t". i]' 111 LVV1, ru~^s rJ.anrung.n.UVlsory .:>crvlce recoraca an Increase leisure, choices. ~nd the wherewithal to seek out the best." By in me number of inquiries about planning for and regularing Wolfs estimates, this migration includes anywhere from shorr-term rental properties in residential areas-parrjcularly 700,000 [0 1.6 million people per year. The strong 1990s single-family districts. The survey revealed mat a signific:ant economy brought a wave of second-home purchases as percentage experienced an increase in conflicts between these investments and family retreats. Resore areas---<:oastal. and adjac:em land uses. \'7hile some have recently drafted mountain, and lakeside-have what these rrcndscncrs want: ordinances to address the shon-term remal problem. others are natural beauty. fresh air, and recreation. Communities with such stiil in the process of doing so or have expressed the need for amenities are prime candidates for conflicts in land-use change, and because resort communities have different attitudes planning. toward tourism, eac:h approaches the issue in a different way. What happens when people live and vac:ation in the same [Own, where vacation homes and permanent homes are often Impacts side by side? Regulations that govern shore-tetm rentals in The impact of a shore-term vacationer compared with year-round residential districts are getting more attemion as planners and residents can be significant. Seasonal populations live and work residents notice that rhese vacation homes can have a much in me community, and thus become somewhat integrated. greater impac:t on rhe communiry than those that house year- Naturally. they increase demands on infrastructure and services. round residents. .A_l1gry neighbors say short-term rentals look Impacts associated 'with short-term vacationersJ however, are like single-family homes but function more like commercial more nuisance rdated, often generating noise and light pollution. uses. The crux of me matter for planners is finding a balance Generally, the shorrer the stay, the less inclined one might be [0 between rhe imerests of year-round, seasonal. and vacationing respect neighbor diplomacy. Late-night music and merrymalcing, people while considering the effects on property rights, floodlights, garbage raken out to me Street on off days, dogs at economic vitality, and the sanctity of residential neighborhoods. large, illegal parking, and negligent property maintenance are garden-variety complaintS often cited by annoyed neighbors. Politics Neighbors, planners, and property owners point to the Planners admit to a dilemma: Many property owners rely on correlation between such problems and length of stay for the the rem streams and spending dollars generated by rental property. In other words: me shotter me stay. me higher vacationers, but locals want co preserve their neighborhood's me impact. The stereotypical "weekend warrior>> -trying to pack residential character. Furthermore. business owners would the most fun into the least amount of time-will invariably prefer to see an expansion of the local vacation lodging generate more Hips to the store or beach, keep later hours. and market. When property owners are unwilling to forfeit create a greater disruption with iight and noise. Stiii, for some certain rights, leaving rhein at odds with neighbors '.vhc wan! communities. the concern is not so much the negative impacts as the relative quietude expected in a single-family me lack of community involvement typical of transients. neighborhood, what should be done? Affordable Housing Indeed, people "vote wim theit feet" when choosing vacation destinations or a permanent home. so politicians tty co appease A more insidious problem with short-term rentals is their impact the greatest number of constituents. Invariably, residents will on housing COSts. When property owners decide ro increase their threaten to abandon a once-beloved community or reson locale if "rent stream" with shorr-term rental agreements rather rhan renting a house on the beach or settling into a neighborhood renting by the season or year, they essentially "squeezc" rhe means an endless stream of nuisances from disruptive vacationers. (Above. left) Short-term rentals in Ship Bottom, New Iemy. Paved liird; an.d exces;i;,;~ tlumbers of :;:hid~J at !bQTt-tffm rental hotlf~s ar~ II ,ommOl/ complaint of migbbors. Beli.ve it or not, thest art rh~ frontI uf t};~ houses. (Above. right) J\1ost short-term rmt(TS are tmawar~ ofgarhage collection schedules. (Left) Boat and recreation vehicle parking is aff Ill/pleasant sight for neighbors in this Monroe COllffl)'. Florida. ffeighborhood. supply of housing, pushing up me demand and, subsequently, Residents of Monroe County, Florida, pUt the issue on a ballot, the cost. Ty Simrosky. planning director for Key West, Florida, narrowly deciding--5 I to 49 percent-against allowing shore. says, "It's another means of financing the acquisition oflocal term rentals in improved subdivisions (single-family dimkts). housing by non-local people and it fuels speculation in a rising Subdivisions retained the right to vote on the issue separately. housing market." Simrosky explains that by allowing short-term Health, Safety, and General Welfare renrals, investors can cover the carrying costs of a house for a year or two while me property appreciates in value and men sell it for Historically. propert"f owners in resort communities could rent a a healthy profit. Simrosky also says that while long-term home, regardless of the duration of me sray, by claiming thar the homebuyers are strongly opposed to shorr-term rentals in a house was not used "primarily for commercial purposes." \X7hat prospective neighborhood, investment buyers arc less inclined to this really meant was that me structure could not be used for care if a neighboring property is a short-term rental. This can such purposes for more than 50 percent of me year. However, create a snowball effect that eventually replaces year-round planners claim that approach is difficult to monitor and easy to neighborhood residents with vacationers. abuse. Most feel zoning codes and a licensing system offer a Communities most affected by a housing shortage are those betrer solution despite rhe rime and expense required for with businesses that rely on lower-paying service and tourism administering and enforcing new regulations. jobs. High housing costs have pushed many workers out of the Most of the surveyed communities deal with short-term community. even beyond commuting distance. Simrosky also rentals through the z~ning code. Imperial Beach. California. speculates mat rhere are workers being bused in from the justifies itS interim shorr-term rental ordinance with a purpose Florida mainland to sleep in bunk-house conditions just co work and intent that states "there is a current and immediate threat co for three- or four-day periods in Key \Vesr. the public health, safety, or welfare ofirs citizens by owners or their agents renting or selling unitS for periods of thirty ~~ 2 Permltled Regula!e Specific Humber 01 Number Shorl-Term Ordinance Conseculive 01 TImes Ucense Year legal Community Renlals ProvisIons' Term Used Days' Per Year fly Zone Required Adapled ChaUenges Aspen, (0 No ;..;..; Ne' . 'Yei 110 8w~e"NC' . "HlJ' auriingian: vi 'No- (ape Cod;MA No (llIllle~by~thirSao,CA 'Yes Yes . Tro~eRI 30 'Prah/blled 1975 (ommetdlll Use (ocoo Beorn; Fl 'Yei Ves . Tronsienl t.Od~ing. 30 . 3' Yei 7000 (oIchesler: vr' No Eagi. faun!):' CO 'Yes 'p,r/PUOi Imp~rial hacn, CA . Yes v's Short-loon Renloi 30 Prohibited V's WOl Yes IslalMroda, H 'Ye; 'Yes VaCOIiOD ~nlol . 28 'Yei Yes Key' Wall, 'fl . 'Yes 'Yes : T~a~ientlOd~ing: 30 . 1998 Yes KiaWah Island, si Orof~ng Shorl-Ierm Renlal 30 Yes ' Yei In droll Ma~gio Vailei, NC 110 Manchester, VI 'Na' Marathon: H' 'Yei . .. Yes VQc~iari Ronlol . 30 Ves Yes 2000 Melbourne Beach, cA Yei No . R~nlrt &willing 30 Yes MeRdotino (nuniy, CA Yei No TronsieRI Habllollan 30 Yes 1987 Monroe (~unty, Fl . Yes Yes 30 Yes Yes V../U~lwld Manlerey, CA Yes No 5bort-/orm' Proh~i1ed Relidenliol Renlal 30 Muikegon, Mi 'Yei 110' . 7- . . . . Ye; No Myrtle Selich, se Yes 'Yei Transient 30 Yei Y~ Auommodalion Noniurket, MA , No Yes O,.on GIr, MO 'No' . . . . Pasta County: It Ves Yes . Shih-t-term'Renlai 30 3 'lei 'Ye; 1999 S!l!~,M[' . . 'yei 'Yei . Seo~~1 Rantal . 4mnnlhs . Prohiblled Yel , Daily R~ntoi i Son-Juon County. WA Yes Yes Trunsienl 30 1998 Ac(ommooaliorV Reside'nce/GueslllOuse Saniae!, Fi yei 'Vei . R50rt Hou;in~ 30 vei 'V~ ' 200i Sonia crui, cA NO/Tronsit 1954 Otcuponcy Tax 5herl-term Remo! Sougolurk, MI No Soain Hov~n,MI Vei Yes 5hon-lerm 2 Te~ t~[! 'Na' . lJwe!!ln~ V.i!, Slawe, VI ;;; NO/Tnmsij ~ Sturgeon Bay, WI ;; Otwponcy Tax f Sul~van's !slo~d,. Se. Y~ Yes . Vocofion Renl~ 28 Vei' Yes Telluride, (0 'Ve; - Short-teRn' 30 X" 1992 ! TrQ~erie GIy; Ml 'lio' ' O~el.lin~ Unl! . i . . . . . . " Voir; (0 . , ' 'No- z , Yothali, OR Yei yeS . TianSienl R~nl~1 ' 30 'Anawed In Ves 1992 ~ all Zones r This matrix is not cxhausth'c. E\'et')' reouonable ammpt was m2.de to achieve 3.CCUf3.CY :and thorou.ghness:. but \';a.ri:ltiont in ordinance l;.\ngu'J.ge. forrnu. ;md local pnctio; made :l ",cmplC'1:C''"' m:1tri~ impossible:.. Thus. it is m"ot only as:to quick reference guide for readers of this micle. The shan-term rental SUl"'\'ey evolved 3S it Wa5 being conducted. $0 not illl questiom were ~ked uniformly or of ~-elJ' survey p3tljcipant. ). This indic:ltCli: :In)' section of the code tb.:!.t h dedicated to 5hort~lcrm rentals. such as interim ordinances: or ilmendmc:nu. 2. uiigu:.ge ..-anes fr~rn code m c:ode in terms of how they Jpecify ::L time period. Where a month or four weeks: was used as the: length of the term. 30 d.ays is the det.luJr raponsC'. 3. Communit)' prefcrrc:d not be mentioned b}. name. 4. Decision m:Jdc: by ~ubd.h'ision bytaw5:. 5. STRJ not permitted. by right in an)' of the: lones. 6. In most renrkth:e districtS, they arc pcmined to rent three times or r"ver per re:lf fot a tot;u of 30 d:l.ys or less. .-=--= 3 consecutive calendar days or less. . . and that such rentals in the about whar acrually is a shon-term rental. Length of stay (where residential zones of the ci ty. . . may creare adverse impacrs." nor determined by a definition of transient) is an important Commonly cited reasons for drafting an ordinance or factor in defining short-term rentals. provision for short-rerm renrals include protecting reSidential There is a wide range of occupancy tenure in a short-term characrer, maintaining housing aITordability, managing rental ordinance. Communities specify the maximum length infrastructure and service requirements, and complying with of stay in days, weeks, or months. Some simply distinguish hurricane evacuation capacity. Zoning ordinances, business the use by type of occupant, usually transient or tourist, in permits, and transient occupancy raxes are ways of managing which case the terms should be clarified in rhe defini tions this quasi-commercial use. section. Definitions are onen ar the roOt of governing shorr-term rentals. Measutes of occupants' permanency can include everything Unfortunately, many l.oning codes have a discrepancy between from specifying the length of Stay to whether the residence is the defined terms and the provisions that use them. Terms are legal address of its occupants. Ar this fundamental level, sometimes defined ar the beginning of the ordinance bur then communities can best begin to guide local land-use practices. never used in the provisions. Conversely, provisions may contain Here, parameters are set largely according to the nature of a undefined rerms, rendering the code toO ambiguous. For example, community's tourist population, rhe imporrance of tourism on some rowns prohibit "transient rentals" in cerrain districts without the local economy, and community goals. (Abou<, lift) Short-um, rmta/ propmy prominmtfy display<d on a com~r lot in L~wes, Deiaware. The impact: Vehicles of vacanoTurs Ipilling au" from th< driu~way 01110 th< ,Irut. Tt,< prob/m/: ThiI typ< of impact occurringfir w..kt or monthI on ",d, (AbllV<, right) Apparmtly. mor< paum/mt, lcss yard mMns mar< parking alld 1m yard maintmane< fir tbit short-tcml rmtal prop"ty i1l Monro< COU1Il); Florida. (Right) Dritlnvay Jigns fir a Kialvah bland, South CarolilllZ, short-urm rmta/ wdcom< tI" "<.>:1 rOlmd of famili<I Iharing a hOllIe. , ~~ If defining the term "transient." Distinctions can be easily made Regulating the number of occupants also can mitigate the berween the various types oflodging and rental property. and only impacts of remal properties. Some communities specify total those uses thar are specifically listed as permitted or condicional number of occupants by persons per bedroom, family members, or should locate [0 designated districts. However, where single-family non-relared persons, not withstanding local fire codes. Islamorada, residences are a permitted use, and the length of tenure is Florida, limits occupancy [0 two people per bedroom plus tWO unspecified, nothing in the ordinance can Stop property owners additional persons. Other communities simply limit occupancy to a from rencing the house on a shore-term basis. single famil), as defined in their ordinance (see "Definitions and Distinctions" for examples and commentary on relevant terms). Definitive Criteria Defining family also can complicate the matter. Restriccing For communities grappling with such disputes, dear definitions the use of single-family homes to families can be a difficult way are essential. Other terms for shorr-term rentals include to regulate short-term reorals, mainly because the term family is transient commercial use, vacation rental home. vacation open to a wide range ofliteral and legal interpretations. Even so. property. transient lodging. resorr dwelling. and resort housing. "traditional" families are not devoid of impact risks. including Because transient also is used in the definicion of other rerms. ir noisy infanrs or rowdy reenagers. The ever-changing family too should be defined in COntext to alleviate confusion and paradigm does not make it the best measure by which to ambiguit'f. These terms are defined using various criteria, such tegulate shorr-term rentals. as structure type, length of Stay, measures of occupants' penna- nency. number of occupants. and the type of occupants (family Once Defined, Where Are Short-term members or unrelated people). Rentals Allowed? The type of structure (single or multifamily) often is not Tolerance levels about the impacts of shorr-term renrals will vary specified in the ordinance, allowing room for interpretation among communities. Communities with an intense interest in 4 DEFINITIONS AND DISTINCTIONS n Bm> Al!Ill BBllAKJ'AST ers. The deflIlition of famUy or slngle- Definition' Guest house (accessory Commentary: Bed and breakfasts are fa.mlly house Is not the most wldely used dwelling unit) means a detached or at- similar In appea.rance a.nd location to or recommended tool for short-term tached accessory structure secondary I ma.n~l sho!"t~t.erm rentals in resid.entia.l rental regulation. to the principal slngle.famlly residen- areas. However, the prlma.ry d1stinctlon DeflnJtloos' One or more persons occupy- tlal unit designed aIlu most com.wonly is the mitigating presence of the owner/ ing a single dwelllng unit, as a slng!e used for irregular residential occu. operator. housekeeping unit, provided that unIess pancy by family members, guests, and Deflnitlons: Generally small, owoeI'-op- a.Il members are related by blood, mar- persons providing health ClU'e or 1'1'01'- erated buslnesses provid.1ng the primary riage, or adoption, no such fa.m1ly shall et'ty maintenance for the owner. (San flnanola.! support of the OWll/l1'. Usually conta.Jn over sue persons, lncludtng any Juan County, Waen.) the owner lives on premises. The roomers, boarders and/or domestic ser- n HO'1'l!lL 01\ Mona. buildtng's primary usage is for business. vanta. A bome for lndependent liviog wlth Inns advertise, appropriate tsJces, and support personnel tbat provideS room and Commentarv: Hotels/Motels typically post signS. Breakfast is the only meal board, personal care and habilitatlon ser- have separate entrances and an on.site served and only to overnight guests. The vices In a famlly SJ:lv1ronment as a single- management office. inn may host events such as weddings, housekeeping unit for not more than sue Definitions: A building in which lodging sma.ll buSlness meetingS, eta. Room num- resident elderly or dlsabled persons (men. ls provided and offered to the public for bel'S range from four to 20 wlth a small, ta.lly and/or physicall,y impa.l:red) wlth at compensation, and which is open to tran- but increasing number up to 30. Reser. least one, but not more than two resident sient guests ana Is not a roomlZlg or vat10ns may be ma.de directly with tho sta:~ pe:rsons shall be cons1d.ered a fam- boarding house as herein defined. (Boone property. (Professional Association of lly. (rulsa, Okl&.) County, Mo.) Innkeepers mternational) One or more persons, ~elated by A building or group of bUildings in Bed. and breakfast means the use of blood, marriage, or adoption, occupying which lodging is provided to transient an owneNlccupied or manager-occupied a. living unit as an lndividUsl housekeep- guests, offered to the public for campen- residentlaJ. structure providing no more ing organlzat1on. A fa.m1ly may include sation, and in which access to and from than four rooms for tempo~ary lodging two, but not more than two, persons not each room or unit is through an exte- \ for tra.ns1ent ~..lests on e.. pa.ying basis. A related by blood, marrJage, or a.doptJon. rial' door. (Cecil Oounty, Md.) "Bed and Breakfw;t Ion" m.a,y lnc11100 meal (Iowa City, Iowa) seI'Vioe for guests. (Blue SPl'IDgS, Mo.) One or two persons or parents, wlth n 'r1uwSIElll'.l' n BOAlUlmo HOUSE their direct Unea.l descendants a.nd Commentarv' "Transient" can be used I Comments",,, A boa.rdlng/roomJng/lodg- adopted or lega.lly cared. for children (and to desoribe a. person or eo land use. AID- Ing houae dlIfers from the short-term inclUdl.og the domestic employees thereat) biguous or subjective words-" short, " rental !loU8e because it has multiple rooms together with not more than two persons ~long, n ~seasona.i, ~ <l:tempOl'8.l'""'Y"--ahould or untts for rent and. OOu-upa.uts share OOIC.- not so related, living together In the whole be either avoided altogether or clarified mon k1tchen or cl1nlng fa.cillties. Occupants or part cf a dwelllng comprising !l. smgle with preciSe units of time-nurooor of of a boardlDg house also tend to be less housekeeping unit. Every additional houre, days, weeks, or montbs. When a transient (the deflIlitlon of which depenoo grcup of foUl' or fewer perso08 llvmg in communlty defines a transient as a per- on community standards). such housekeeping unit shall be oonsid- son living In a dwelllng unlt for" a short ered a separate famlly fol' the purpose time only," the term .short" could be i Definitions' A Single-family dwelling of this code. (St. Paul, Minn.) Interpreted in a variety of ways. To al- where more than two, but fewer than six Two or more persons related to ea.ch lev-tata fw.---whar confusion, the :oa.ture Of rooms are pr-ovided fer lcdg1.ng for defi.. other by blood, marriage, or legal adop- s. person's ste.Y lIlay be clarified, as is mte periods of times. Meals mayor ma,y tion Uving together as a slng!e house- done In tne definition below from Stur- not be proVlded, but there Is one oo=on keeping unit; or a group of not more geon Bay, Wlsconsin. kitchen facility. No meals are provided to than three persons who need not be re- Definitions' A person who travels from outside guests. (CbAmpaij{n, m., wb.1cl1 lated by blOOd, marria.ge, or legal adop- place to place away frcm his or her per- uses the term .008J'dJ:nglrooIIJJng .Ilouse") tlon, llviDg together as a slngle house- manent address for vacation, pleasure, An esta.blishment with lodglng for keeplng unlt and occupying a single recreation, oulture, or business. (Stur- I five or more persons where meals are dwelll.ng unit. (Lake County, Ill.) geon Bay, Wis.) regularly prepared and served for com- One or more persons occupying a AI1y person who exercises occupancy pensa.tion and where food is placed upon premiselsl and llvlng as a. single house. or is entitled to occupancy by reason of the table family style, without service keeping unit as distinguished from a. conceSSion, permit, right of a.ccess, li. I or ortlermg of individual pcrtions from group occupying a boardinghouse, lodg- cense or other agreement for a period a menu. (Venice, Fla.) lng house, or hotel as herein defined. of 30 consecutive calendar days or less, n FAMILY (Scottsdale, Ariz.) counting portions of calendar days as Commentarv' Restricting the use of full days. AI1y such person so occupy. single-famlly homes to fSJIlllles can be n GtrEBT HOUSE all Gl1Eln' Co'l"l'AGl!I iDg space :In a visitor accommodation fa.- a problematio way to regulate short-term Commentarv: Guest cottages can present cillty shall be deemed to be a transient rentals, mainly beC8-U$e the term fam- a loophole for short-term rentals in until the period of 30 days has eXpired lly is open to a wide range of Uteral and slngle-famlly residential districts unless unless there IS an a.gr-eemant, in writ- legallnterpretatlons. Even so, a "tracll- certeJn specifications a.re made-namely lng, between the operator and the occu. tional" fa.mily is not wlthout lmpa.ots, that usage ls only s.llowed for non-pay- pant providing for a longer period of oc. such as v-oca.llnfants or rowdy teenag- lng guests. cupancy. (Monterey, CaJif.) .-=--. 5 promoting rourism may be more permissive, allowing them in To avoid a ralcings challenge, communities that have recencly restricted discricrs, while others will diligenrly proteer residential enacted more restrictive codes also have included an amortization districts. In the most restrictive communities, short-term rentals may schedule that phases out shorr-term rental properties. rslamorada be prohibited oucright in residential dimicts. Monroe County, allows twO years for amorrization and Imperial Beach is proposing Florida. prohibits them unless a majority of homeowners vote them five-year amortization. Sullivan's Island, South Carolina. requires into a subdivision. Communities may permit short-term rentals as a proof of use as a shorr-term rental during the previous 12-month conditional use or allow them only when rented fewer than four period t~.r~?~ce the num~er o~ rental properties. Those thar lapse times each year. are not euglDlc for fUlwe hCCnSL'1g. Conditional Uses and Licensing Enforcement \'\7hether shorr-term rentals are allowed by right or as a conditional Detection of problem rentals can occur eithet from complaining use, additional requirements to benefit both the occupants and neighbors or a dedicated municipal enforcement staff. Penalty neighbors are recommended. For example. operating a shorr-term fines range from $100 a day in Saco, Maine, ro $500 fot each day rental may require physical inspection to determine the safety of the of violation in Kiawah Island, South Carolina. Other penalties structure from hazards such as fire and over occupancy. Other include denied permit renewals, permit revocation. or requitements might include posting a "notice to occupant" misdemeanor citations. Fines are a comparatively small expense reminding visitors of mandatory evacuation in case of a hurricane (in for property owners whose shorr-term rentals genetate healthy prone areas) or a "code of conduct" for the neighbothood. which returns, so some owners virtually ignore the restrictions. says mightUst regulations for occupancy, parking, boat dockage. fines. or Monroe County planner Marlene Conway. Saco requires helpful informarion such as garbage and recycling pick-up. Both property owners to renew permits annually. A history of should be printed in a large fom and prominencly displayed. complaints is kept on file and those with more than tWO recorded Regulating by Ratio complaints will not be issued a permit for the coming year. Administering a short-term rental ordinance burdens both the Mendocino County. California, sertled on an acceptable ratio of budget and staff. Issuing permits and code enforcement cakes short-rerm remal properties to year-round residents: Locals deemed time and money. Permit or licensing fees and taxes on shorr-tenn 13 year-round resident houses to one short-term rental house lodging can offset these expenses. Fees vary from a fixed amount tolerable. The community requires operating permits for shorr-term to a sliding scale based on the percent of income generated per renral properties. An addirional vacation rental permit is issued for calendar year-both of which usually amount to $100 to $200. every 13 new residential units. The number of permits is finite but In states that gra,11t local governments t..~e aur...horhy [0 tax this siting is srill flexible. To maintain an orderly and filir distribution of type of land use. the taXes for the lodging fee can range from fout permits. the county does nor allow them to be sold or transferred. percent on the low end to seven percent in Deschutes County. The county t;Onsiders shorr-term rentals a commercial use, allowing Oregon~ Santa Cr~ California, taxes 10 percent. additional short-term rentals as part of a 50/50 mix of commercial and long-term residential dwelling units in mixed-use disuiclS, Conclusion Legal Challenges Technology, telecommuting, and lifestyle prioriries will continue to fuel the infiltration of newcomers into resort communities Legal challenges will invariably arise in neighborhoods where with long-established residents. For these and other reasons. the homeowners enjoying the comfortS of a quiet back yard ate populations of traditional get-away destinations will surge and suddenly interrupted by noise or light from an adjacent short- change. bringing with them increased pressure to adapt ro new term remal properry. Places with restrictions on short-retm rentals people and new land-use challenges. Deciding whether shorr- such as Key Wesr and Imperial Beach have faced legal challenges, term rentals are commercial or residential land uscs is an which may include vesting, consistency with the comprehensive imporra.'1t first s~ep in addressing the iSSlle. Perhaps the wning plan, definition of fitmily. and allowable rime for amortization. code is the best defense in preserving the tranquility that made However. anecdotal evidence suggests that the longer an such places attractive in the first place. ordinance has been in place. the more accepted it is. Mosr of the Selected ordinances from the shott-term rentals survey are planners interviewed for this article were confident in the available to Zoning News subscribers. Please contact Michael defensibility of their shorr-term rental ordinances. Davidson, Co-editor, ZOllhrg News. American Planning Mitigation and Amortb:ation Association. 122 South Michigan Avenue, Suire 1600. Chicago, IL 60603. or e.mail mdavidson@planning.org. Some of the mitigation rools used to offset the impacts of shorr- term rentals include having a 24-hour COntact person or management service, vehicle registration. ai1d short-term tental Zsnin: NnuJ it iI monthly n~letter published b)' the Ameria"- Pl.1nning A!sQciatiOf\. medallions-a sign or badge on the front of the home identifying Subscnpdonf;uc available for 560 (U.S.) and 582 (foreign). \Y!. Paui Fanner. AJCP. act:l.uiVl: Dirctlor: WiUiOlm R. Klein. .\lep, Dirct~orofRoa.rch. the residence as a vacation property, the name of the management Zming Nnul it ptoauud at APA. Jim Scln..-ab. Aler, and Michael D~vicison. Editors, Bury Sa.in, company, and OJ. contact petson. The use of medallions is widely Nt}>, HC';1lber C:lmpbdl. Fay Dolnit:k. N;ue Hutcheson. Sanjay Jeer. Aiel, Mep.n lewis, ,\Ier. criticized because critics say they invite thieves and vandals. Such Marya Morris. AlCP, Rc:pDncni Shc:rric Matthc:1oI.'S, Auistant Edhor; Lisa Barton. Design :and Produclion. mitigadon measures are typically paid for and provided by the Cop)'ri,;hl C:2002 by American Planning Assod;uion. 122 S. Mich~:1n Ave., Suite 1600, property owner as a condition of recei'ling an opera.ting permit_ Chiago, IL 60603. The Am<rion Planllins Auod:ation aho h;u 00 eel J.l !7i6 MilS$;1dlusoe-ns Other measures. such as increasing code enforcement staff-as is Ave.. N.W~ WiUhintton. DC 2003G; WYo.w.pt~;;ing.;:;:g t'U1 righu fCJC:rved. No p:ln ofthh publiQcion m;ty b~ reprooua:d or urilil.ed in ;an,! form ar- br done in Key \Vesr-or bolstering visitor awareness through 1m)' m~ns. electronic or mechanial, including phtltOtop)'ing. recording. or b)' :1n)' infonn;uion signage to politely inform them of the neighborhood's quier stOfiloge and rc:triev:J.l synan, 'without permission in "Tieing from ,he Americ.n Pbnnin~ Associ:11ion. residential character may be paid for with tax revenue generared Printed on :cC)'clc:d paper, induding 50..70% rc:cydcd fiber @ from shorr-rerm rental properties. 1nd 10% pOHconsumerwa.nc:. 6