Item R3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 14,2000
Bulk Item: Yes No X
Division: Growth Management
Department: Planning
AGENDA ITEM WORDING: A public hearing to consider an ordinance amending the Monroe County Land
Development Regulations, Sec. 9.5-4, Definitions; Sec 9.5-241, Offshore Island District; Sec. 9.5-242.5 Improved
Subdivision-Tourist Housing; and Sec.9.5-534 Vacation Rental Uses.
ITEM BACKGROUND: At the November 1999 meeting before the Board of County Commissioners, the
Planning Commission was directed to review and recommend changes to the vacation rental requirements in the
Land Development Regulations. At the December 15. 1999 meeting of the Planning Commission, the Planning
Department was directed to prepare amendments to the vacation rental requirements of the Land Development
Regulations. After public input, staff and the Planning Commission recommend adoption of this ordinance
containing the proposed amendments. This public hearing is the first of at least three public hearings. The
second hearing is scheduled for July 10. 2000 at 5:01 PM in Key West.
PREVIOUS RELEVANT BOARD ACTION: At the February 3, 1997 meeting of the Board of County
Commissioners, Ordinance no. 004-1997, Vacation Rentals, was adopted. At the November 1999 meeting of the
Board of County Commissioners, the Planning Commission was directed to review and recommend changes to
the vacation rental requirements.
STAFF RECOMMENDATION: APPROVAL
TOTAL COST: N/A BUDGETED: Yes N/A NO
COST TO COUNTY: N/A
AMOUNT PER MONTH N/A PER YEAR N/A
APPROVED BY: County Attorney X
OMBlPurchasing NI A
Risk Management NI A
DEPARTMENT DIRECTOR APPROVAL:
y ~ a~~~
K. Marlene Conaway
Director of Planning
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
To follow Not required
Agenda Item #: J '" t~
DISPOSITION:
Agenda Ternplate,doc
VACATION RENTAL ORDINANCE TEXT
AMENDMENT
BOARD OF COUNTY COMMISSIONERS
MARATHON GOVERNMENT CENTER
JUNE 14, 2000
V ACRORD.02
PROPOSED TEXT AMENDMENT
Vacation Rental Ordinance
This amendment is to change the Monroe County Land Development Regulations, SEe.
9.5-4, DEFINITIONS; SEe. 9.5-241, OFFSHORE ISLAND DISTRICT; SEC. 9.5-242.5
IMPROVED SUBDIVISION-TOURIST HOUSING; and SEe. 9.5-534 VCATION
RENTAL USES, clarifying where and how vacation rentals may be permitted, require a
licensed vacation rental manager for each unit, and provide for enhanced enforcement.
AMENDMENT RECOMMENDATIONS
DRC:
Approval
February 17, 1999
PC:
Approval
April 12,2000
Resolution #P23-00
STAFF REPORT
MEMORANDUM
May 26, 2000
TO:
Board of County Commissioners
FROM: K. Marlene Conaway, Director of Planning
Subject:
Vacation Rental Ordinance
Overview
Ordinance No. 004-1997, clarifying the existing prohibition on short term rentals (less than 28
days) was adopted by the Board of County Commissioners on February 3, 1997 and became
effective on December 4, 1998 after the DCA Final Order was issued. The Board of County
Commissioners requested the Planning Commission to review and "Tweak" the ordinance, in
response to concerns raised at the November 1999 Commission Meeting.
On December 15, 1999 the Planning Commission held a workshop to consider changes to the
existing ordinance, based on their request for public comments. A draft ordinance was developed
at their direction. The Planning Commission, after public hearings on March 1, 2000 in Marathon
and Apri14, 2000 in Key Largo modified the draft and recommended approval of the attached
ordinance.
Summary of Planning Commission Recommendation
The ordinance has been completely restructured to make it clearer and easier to understand and
implement. (At the back of the packet is a draft ordinance with shaded areas showing proposed
changes to the ordinance.)
· The definition of vacation rental has been modified to remove the exemption for multifamily
buildings. This exemption has been moved to an Exemption Section with a requirement for
proof of on-site management.
· Vacation rental use of an existing dwelling in the Off Shore Island District is permitted with a
special vacation rental permit.
· The subscript for the Improved Subdivision District which allows vacation rental use has
been changed from Tto I, Improved Subdivision District-Vacation Rental (IS-V).
· The criteria for approving a map amendment to permit vacation rentals in the Improved
Subdivision District (IS) has not been changed; the Planning Commission want to maintain
the zoning protection for single family neighborhoods.
· A licensed vacation rental manager is required for each unit. The County issues the license
and requires that the manager be responsible for the renters following the requirements of this
ordinance, the manager phone number is supplied to property owners within 300 feet of the
rental unit. A manager may lose their license and be fined if they do not respond to
complaints.
· The requirement for a buffer yard has been removed.
Staff Recommendation:
Staff recommends approval of the proposed amendments to the Vacation Rental Ordinance.
PROPOSED ORDINANCE
ORDINANCE No. - 00
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
FILED BY THE PLANNING DEPARTMENT TO AMEND
THE MONROE COUNTY LAND DEVELOPMENT
REGULATIONS, SEe. 9.5-4, DEFINITIONS; SEC 9.5-241,
OFFSHORE ISLAND DISTRICT; SEe. 9.5-242.5 IMPROVED
SUBDIVISION-TOURIST HOUSING; AND SEe.9.5-534
V ACA TION RENTAL USES. THESE CHANGES CLARIFY
WHERE AND HOW VACATION RENTALS MAY BE
PERMITTED, REQUIRE A LICENSED V ACA TION RENTAL
MANAGER FOR EACH UNIT, AND PROVIDE FOR
ENHANCED ENFORCEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY
CODE; AND DIRECTING THE CLERK OF THE BOARD TO
FORW ARD A CERTIFIED COPY OF THIS ORDINANCE TO
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS.
WHEREAS, the Monroe County Board of Commissioners held a public hearing
on June 14, 2000, conducted a review and consideration of the request filed by the
Planning Department to amend the Monroe County Land Development Regulations, Sec,
95-4, Definitions; Sec.5-241, Offshore Island District; Sec. 9.5-242.5 Improved
Subdivision Tourist Housing; and Sec.9.5-534 Vacation Rental Uses, and finds that the
amendments will provide improvements for the implementation of the vacation rental
regulations while continuing to offer protection to single family neighborhoods; and
WHEREAS, the Monroe County Board of County Commissioners on February
3, 1997 adopted Ordinance no. 004-1997 , Vacation Rentals, which clarified the existing
prohibition on short term rentals (less than 28 days) of single family homes within
improved subdivisions and other residential districts and provided a process whereby
vacation rentals could be allowed in some land use districts; and
WHEREAS, the Vacation Rental Ordinance became effective on December 4,
1998 after the DCA Final Order was issued; and
WHEREAS, the Board of County Commissioners requested the Planning
Commission to review and recommend changes to the vacation rental requirements in
the Land Development Regulations (LDR) in response to concerns raised at a November
1999 Commission meeting; and
WHEREAS, The Monroe County Planning Commission met on December 15,
1999, considered changes to the existing regulations based on responses to their request
Amendment to Vacation Rental Ordinance
V ACRORD.02/LDR Page 1 of 12
Initials
for written public comments; and directed the planning department to prepare
amendments to the Land Development Regulations; and
WHEREAS, the Planning Commission, during special meetings on March 1 and
April 4, 2000 conducted public hearings in Marathon and Key Largo on the proposed
amendments; and
WHEREAS, the Monroe County Planning Commission held a public hearing on
April 12, 2000 and recommends the approval of the request.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Section 09.5-4 of the Land Development Regulations shall read as follows:
Sec. 9.5-4, Definitions.
(V -5) Vacation rental or unit means an attached or detached dwelling unit that is rented, leased
or assigned for tenancies of less than twenty-eight (28) days duration. Vacation rental use does
not include hotels, motels, and RV spaces, which are specifically addressed in each district.
Section 2. Section 9.5-241 of the Land Development Regulations shall read as follows:
Sec. 9.5-241. Offshore Island District.
(a) The following uses are permitted as of right in the Offshore Island District:
( 1) Detached residential dwellings;
(2) Camping, for the personal use of the owner of the property on a
temporary basis;
(3) Beekeeping;
(4) Accessory uses; and
(5) Home occupations--Special use permit requiring a public hearing.
(6) Tourist housing uses, including vacation rental uses, which were
established (and held valid state public lodging establishment
licenses) prior to January 1, 1996. Vacation rental use, of a
dwelling unit in existence as of January 1, 2000, if a special
vacation rental permit is obtained under the regulations
established in Sec. 9.5-534.
Amendment to Vacation Rental Ordinance
VACRORD.02/LDR Page 2 of 12
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Section 3. Section 9.S-eiY the Land Development regulations shall read as follows:
Sec. 9.5-242,5 Improved Subdivision District - Vacation Rental District
~
In addition to the as of right and conditional uses listed above in 9.5-242, vacation rental
uses are allowed as of right (subject to the regulations established in Code ~9.5-534) in
those Improved Subdivision - Vacation Rental Districts with the subindicator V
(Vacation Rental).
A map amendment designating a contiguous parcel as IS- V may be approved, provided
that the map amendment application (and subsequent building permit applications and
special vacation rental permit applications) meet the following standards, criteria and
conditions:
(a) The IS- V designation is consistent with the 2010 Comprehensive Plan and there
is no legitimate public purpose for maintaining the existing designation.
(b) The IS- V designation allowing vacation rental use does not create additional
trips or other adverse traffic impacts within the remainder of the subdivision or
within any adjacent IS district;
(c) The parcel to be designated IS- V must contain sufficient area to prevent spot-
zoning of individual parcels (i.e., rezonings should not result in spot-zoned IS- V
districts or result in spot-zoned IS districts that are surrounded by IS- V districts).
Unless the parcel to be rezoned contains the entire subdivision there will be a
rebuttable presumption that spot-zoning exists, but the Board of County
Commissioners may rebut this presumption by making specific findings
supported by competent, substantial evidence that:
i) the designation preserves, promotes and maintains the integrity of
surrounding residential districts and overall zoning scheme or
comprehensive plan for the future use of surrounding lands;
ii) does not result in a small area of IS- V within a district that prohibits
vacation rentals;
iii) the lots or parcels to be designated IS- V are all physically contiguous and
adjacent to one another and do not result in a narrow strip or isolate
pockets or spots of land that are not designated IS-V, or which prohibit
vacation rentals; and
iv) The IS- V designation is not placed in a vacuum or a spot on a lot-by-Iot
basis without regard to neighboring properties, but is a part of an overall
area that allows vacation rentals or similar compatible uses.
Amendment to Vacation Rental Ordinance
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(d) In addition to the requirements contained in Code ~9-.5-377 (District
Boundaries), an IS- V district shall be separated from any established residential
district that does not allow tourist housing or vacation rental uses by no less than
a class C bufferyard;
(e) Vacation rental use is compatible with established land uses in the immediate
vicinity of the parcel to be designated IS-V; and
(f) Unless a map amendment is staff generated (i.e., initiated by Monroe County), an
application for a map amendment to IS- V shall be authorized by the property
owner( s) of all lots (or parcels) included within the area of the proposed map
amendment.
Section 4. Section 9.5-534 of the Land Development regulations shall read as follows:
Sec. 9.5-534 Vacation rental uses.
(a) Special vacation rental pennit. An owner or agent is required to obtain an annual
special vacation rental permit for each dwelling unit prior to renting any dwelling
unit as a vacation rental, as defined in Code ~ 9.5-4 (V-5), except as provided for
under Section 9.5-534(b). A special vacation rental permit is nontransferable
between owners. A change of ownership of the vacation rental unit shall require
the new owner or his agent to obtain a new vacation rental permit for the
residential dwelling unit.
(b) Exemptions. A vacation rental permit is not required for the followin~
(1) A vacation rental of a dwelling unit located within a controlled access,
gated community with a homeowner's or property owner's association
that expressly regulates or manages vacation rental uses; or
(2) A vacation rental of a dwelling unit within a multifamily building located
within a multi-family district, which has 24 hour on-site management or
24 hour on site supervision that has received an exemption from the
planning director. To meet these site management or supervision
requirements, a designated individual or individuals must be physically
located within the building or within 300 feet of the subject building and
must be available at all times to respond to tenants' and neighbors'
complaints. To obtain an exemption under the provisions of this section,
the owner or agent must submit an application to the planning department
in a form prescribed by the planning director.
(c) Vacation rental manager license. A vacation rental manager license is required
from the county planning department for an individual to be a vacation rental
manager under the provisions of this section. The vacation rental manager shall
be: (i) the designated contact for responding to complaints made by neighbors
Amendment to Vacation Rental Ordinance
V ACRORD.02/LDR Page 4 of 12
Initials
against vacation rental tenants; and (ii) responsible for maintaining the guest
register, leases, and official complaint response records for a vacation rental unit
as required by this section.
(d) Permit, license andfees.
(1) Special vacation rental permits will be issued by the planning director, or
designee, upon payment of a nonrefundable fee and submittal of a
complete application in a form prescribed by the planning director in
accordance with Section 9.5-534 (f).
(2) Vacation rental manager licenses will be issued by the planning director,
or designee, upon payment of a nonrefundable fee and submittal of a
complete application to the planning department in a form prescribed by
the planning director.
(3) The annual fees for the special vacation rental permit and vacation rental
manager license shall be established by resolution of the board of county
commISSIoners.
(4) A decision to approve or deny a special vacation rental permit can be
appealed to the planning commission within (30) days pursuant to Code
section 9.5-521.
(e) Regulations. All special vacation rental units, requiring a special vacation rental
permit shall comply with the following regulations at all times:
(1) No more than one motorized watercraft, including a jet ski or wave
runner, shall be allowed at each vacation rental unit. The watercraft may
be moored at either an existing on-site docking facility or stored on a
trailer in an approved parking space.
(2) Vehicles, watercraft and trailers shall not be placed on the street or in
yards. All vehicles, watercraft and boat trailers must be parked or stored
off-street in parking spaces specifically designated and approved in the
special vacation rental permit. One vehicle parking space shall be
required per bedroom or efficiency unit and one boat trailer space per
vacation rental unit.
(3) No boat docked at a vacation rental property shall be chartered to a
person other that registered guests of the vacation rental unit or used for
live-aboards, sleeping or overnight accommodations. In addition,
recreation vehicles shall not be used for sleeping or overnight
accommodations at the vacation rental unit.
Amendment to Vacation Rental Ordinance
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Initials
(4) Occupants shall be prohibited from making excessive or boisterous noise
in or about any residential dwelling unit at all times. Noise, which is
audible beyond the boundaries of the residential dwelling unit, shall be
prohibited between the hours of 10:00 p.m. and 8:00 a.m. week days and
11:00 p.m. and 9:00 a.m. on weekends.
(5) All trash and debris on the vacation rental property must be kept in
covered trash containers. Each vacation rental unit must be equipped with
at least four (4) covered trash containers for such purpose. Owners must
post, and occupants must comply with, all trash and recycling schedules
and requirements applicable to the vacation rental unit. Trash containers
must not be placed by the street for pick-up until 6:00 p.m. the night
before pick-up and must be removed from the area by the street by 6:00
p.m. the next day.
(6) A Tenant(s) 's agreement to the forgoing rules and regulations must made
a be part of each and every lease under Florida Statutes ~509.01 for any
vacation rental unit subject to the provisions of this section. These
vacation rental regulations governing tenant conduct and use of the
vacation rental unit shall be prominently posted within each dwelling unit
subject to the provisions of this section along with the warning that
violations of any of the vacation rental regulations constitutes a violation
of Monroe County Code subject to fines or punishable as a second degree
misdemeanor and is also grounds for immediate termination of the lease
and eviction from the leased premises and criminal penalties under F.S. ~
509.151 ("Defrauding an Innkeeper"), F.S. ~ 509.141 ("Ejection of
Undesirable Guests"), F.S. ~ 509.142 ("Conduct on Premises) or F.S. ~
509.143 (Disorderly Conduct on Premises, Arrest").
(7) The owner or agent shall require a lease to be executed with each
vacation rental use of the property and maintain a guest and vehicle
register listing all vacation rental occupants' names, home addresses,
telephone numbers, vehicle license plate and watercraft registration
numbers. Each lease and this register shall be kept by the vacation rental
manager and available for inspection by Monroe County code
enforcement personnel during business hours.
(8) Vacation rental units must be registered, licensed and meet all applicable
state requirements contained in Florida Statutes Chapter 212 (Florida Tax
& Revenue Act) and 509 (Public Lodging Establishments) as
implemented by the Florida Administrative Code, as may be amended.
(9) The vacation rental use must comply with all State of Florida Department
of Health and State of Florida Department of Environmental Protection
standards for wastewater treatment and disposal.
Amendment to Vacation Rental Ordinance
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(10) All vacation rental units shall have a vacation rental manager or
managers, who has been issued a vacation rental manager license by the
planning department as provided for in Section 9.5-534 (h). The vacation
rental manager shall reside within and be licensed for that section of the
County (upper, middle, and lower keys) where the vacation rental unit is
located and be available twenty-four (24) hours per day, seven (7) days a
week for the purpose of promptly responding to complaints regarding
conduct or behavior of vacation rental occupants or alleged violations of
this section. Any change in the vacation rental manager shall require
written notification to the planning department and notification by
certified return mail to property owners within three hundred (300) feet
of the subject dwelling.
(11) Complaints to the vacation rental manager concerning violations by
occupants of vacation rental units to this ordinance shall be responded to
within one hour. The neighbor who made the complaint shall be
contacted by telephone or in person and informed as to the results of the
actions taken by the manager. A record shall be kept of the complaint
and the manager's response for a period of at least three months after the
incident, which shall be available for inspection by the Monroe County
Code Enforcement Department during business hours.
(12) The name, address, and telephone number of the vacation rental
manager(s), the telephone number of County code enforcement
department and the number of the special vacation rental permit shall be
posted and visible from the front property line of the vacation rental unit.
(13) The Tenants Agreement with the rules of conduct shall be posted in a
conspicuous location in each vacation rental unit.
(f) Special vacation rental permit application. A complete special vacation rental
permit application shall include the following:
(1) The complete legal description, street address, RE number and location of
the vacation rental unit.
(2) Proof of ownership and the name, address and telephone number of each
and every person or entity with an ownership interest in the dwelling
unit.
(3) An approved Florida State Department of Health or Florida State
Department of Environmental Protection inspection or certification of the
adequacy of the sewage disposal system for use as a vacation rental unit.
(4) The gross square footage of the dwelling unit, location and number of
rooms, bedrooms, bathrooms, kitchens, apartments, parking spaces and
Amendment to Vacation Rental Ordinance
V ACRORD.02/LDR Page 7 of 12
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any other information required to determine compliance with vacation
rental requirements and compliance with this chapter.
(5) A valid and current Florida Department of Revenue sales tax
identification number under Florida Statutes Chapter 212 ( Florida Tax
and Revenue Act) and a valid and current permit, license or approval
under Florida Statutes Chapter 509 ( Public Lodging Establishments).
(6) The name, address, and telephone number of the vacation rental manager,
including the vacation rental manager's license number.
(7) The applicant shall sign a written statement granting authorization to
Monroe County code enforcement department to inspect the premises of
the vacation rental unit prior to the issuance of the special vacation rental
permit and at any other time after issuance of such permit, concerning
compliance with the Monroe County Code Chapter 9.5 (i.e. the Land
Development Regulations).
(8) The application shall bear the signature of all owner(s), all authorized
agent(s) and authorized manager(s) of the owner(s).
(9) Any additional information required to determine compliance with the
provisions of this section.
(g) Notification to adjacent neighbors and permit, approval, issuance and appeal.
(1) The applicant or agent shall send a "Notice of Vacation Rental Use
Application" by certified return mail to all property owners located
within three hundred (300) feet of the dwelling unit which is the subject
of the special vacation rental permit application, not less than thirty (30)
days prior to the date of approval of the application. The notice of
application shall be in a form prescribed by the planning director or his
designee and shall clearly state the name, address and day/evening
telephone numbers of each and every vacation rental manager, agent,
caretaker and owner of the dwelling unit; the number of the Monroe
County code enforcement department; and a copy of the Tenants
Agreement. Notice to the adjacent property owners must include the
following statement:
"Y ou have the right to appeal a decision to approve or deny this special
vacation rental permit to the planning commission within thirty (30) days
under Code section 9.5-521. You may have other rights that Monroe
County cannot enforce. Review of a special vacation rental permit
application by Monroe County will consider the existence of valid
private deed restrictions, restrictive covenants or other restrictions of
record which may prohibit the use of the dwelling unit for vacation rental
Amendment to Vacation Rental Ordinance
V ACRORD.02/LDR Page 8 of 12
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purposes, You may wish to consult an attorney concerning these private
rights. "
(2) The applicant or agent shall provide proof to the planning department of
submitting the "Notice of Vacation Rental Use Application." The special
vacation rental permit shall not be issued until proof of this notification is
provided and the special vacation rental permit has been approved by the
planning director after completion of an on-site inspection of the subject
dwelling unit by the code enforcement department. When approved by
the planning director, the special vacation rental permit shall not be
issued until thirty (30) days after the notices of application were sent to
all property owners located within three-hundred (300) feet of the
dwelling unit that is the subject of the permit.
(h) Fines or revocation of special vacation rental use penn it. A special vacation
rental permit shall be revoked by the planning commission and/or fines levied by
the code enforcement special master or a court of competent jurisdiction after a
finding of a violation by the permit holder of this section, the special vacation
rental permit or permit conditions or any material misrepresentation on the
permit application, after the owner(s) is given notice and a hearing is held by the
planning commission, code enforcement special master or a court of competent
jurisdiction.
(i) Duration and renewal of special vacation rental use pennit. Special vacation
rental use permits shall expire one (1) year after the date of their issuance, unless
renewed within thirty days of their expiration date. Renewal of a special
vacation use permit requires the owner or agent to submit an application in a
form prescribed by the planning director to the planning department and payment
of a nonrefundable fee, including proof of a current license and registration
under Chapter 509 and Chapter 212, Florida Statutes.
(j) Vacation rental manager license application, lssuance, renewal, fines, and
revocation.
(1) An individual shall submit an application for a vacation rental manager
license in a form prescribed by the planning director accompanied with a
payment of a nonrefundable fee. The license shall be issued for a period
of one (1) year and renewable annually. The license shall be for only one
specific section of the County (upper, middle, or lower keys) and no
individual shall apply for or be issued more than one vacation rental
manager license at a time.
(2) After notice is given to the vacation rental manager and a public hearing
is held, a vacation rental manager license shall be revoked by the
planning commission and/or fines levied by the code enforcement special
master or court of competent jurisdiction upon a finding of~ a total of two
Amendment to Vacation Rental Ordinance
V ACRORD.02/LDR Page 9 of 12
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or more "no responses" to complaints registered by the public concerning
tenants not following the terms of the Tenants Agreement, during any
single year of the vacation rental manager's license; or two or more
violations of this section which are pertinent to the duties and
responsibilities of a vacation rental manager. A vacation rental manager
license shall be revoked if the license holder is found in violation of any
of the regulations in section 9.5-534(k)(I) through section 9.5-534(k)(3).
(3) An individual who has had his license revoked shall not be eligible to
resubmit an application for obtaining a new vacation rental manager
license until two years after the date of revocation of his license.
(k) Prohibitions, enforcement, and penalties.
(1) It shall be unlawful for any landlord, tenant, agent or other representative
of a landowner to rent, lease, advertise or hold out for rent any dwelling
unit for vacation rental use in any district where a vacation rental use is
prohibited, except as otherwise exempted under this section.
(2) It shall be unlawful for any landlord, tenant, agent or other representative
of a landlord to rent, lease, advertise or hold out for rent any dwelling
unit for a vacation rental use without a special vacation rental permit,
except as otherwise exempted under this section.
(3) After the effective date of this section, leases, subleases, assignments or
any other occupancy agreements, for compensation for less than twenty-
eight (28) days in duration:
(i) Shall not be entered into or renewed once they have expired or
have terminated in any district in which tourist housing use is
prohibited or in any district in which a vacation rental use is
allowed unless a special vacation rental permit, building permit,
inspection and certificate of occupancy for the vacation rental use
(or for the conversion of an existing dwelling unit to vacation
rental use) are first obtained; and
(ii) Any pre-existing vacation rental uses shall not be considered a
lawful non-conforming use under section 9.5-143 and must be
discontinued in any land use districts that prohibit vacation rental
uses no later than thirty (30) days after the effective date of this
section (May 12, 1999). Except that a vacation rental use that was
established, and had obtained all of the required state and local
permits and licenses, (a) prior to September 15, 1986 (b) or under
any Code provisions that expressly allowed vacation retail uses,
may remain pursuant to Code section 9.5-143.
Amendment to Vacation Rental Ordinance
V ACRORD.02/LDR Page 10 of 12
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(4) Monroe Count code section 6.3-13 shall not bar code enforcement for
new vacation rental violations occurring after the effective date of this
section.
(5) Prima facie evidence of vacation rental uses of a dwelling unit shall
include (i) registration or licensing for short-term rental or transient rental
use by the state under ES. Chapters 212 (Florida Tax and Revenue Act)
and 509 (Public Lodging Establishments), (ii) advertising or holding out
a dwelling unit for vacation rental use, (iii) reservations, booking
arrangements or more than one signed lease, sublease, assignment, or any
other occupancy or agreement for compensation, trade, or other legal
consideration addressing or overlapping any period of 28 days or less, or
(iv) the use of an agent or other third person to make reservations or
booking arrangements.
(6) A violation of any of the regulations in section 9.5-534(k)(1) through
section 9.5-534(k)(3) shall be punishable as a second degree
misdemeanor and by a fine of up to five hundred dollars ($500.00) per
day, per unit, per violation. The Code enforcement department may also
enforce the terms of this section by bringing a case before the special
master pursuant to Code section 6.3-14, or by citation under Code section
6.3-11,. ES. ~ 162.21 (as may be amended), or 76-435 Laws of Florida
(as may be amended). If a code enforcement citation is issued, the fine
shall be two hundred fifty dollars ($250) for the first offense and five
hundred dollars ($500.00) for each subsequent offense.
(7) In addition to any other remedies available to Monroe County (including
code enforcement pursuant to F.S. Chapter 162). Monroe County or any
or other adversely affected party may enforce the terms of this section in
law or equity. Any citizen of Monroe County may seek injunctive relief
in a court of competent jurisdiction to prevent a violation of section 9.5-
534 or to revoke a special vacation rental permit or vacation rental
manager license, as set forth above. Attorney's fees and costs incurred in
an action to enforce these regulations concerning vacation rental use(s)
may be awarded to a substantially prevailing party at the discretion of the
court.
Section 5. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 6. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of the said conflict.
Section 7. This ordinance is hereby transmitted to the state land planning agency to be
reviewed for consistency with Chapter 163, Florida Statutes.
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VACRORD.02/LDR Page 11 of12
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Section 8. This ordinance shall be filed in the Office of the Secretary of State, of the State of
Florida, but shall not become effective until a notice is issued by the Department of Community
Affairs or Administrative Commission finding the amendment consistent with Chapter 163,
PASSED AND ADOPTED by the Board of County Commissioners Monroe County,
Florida, at a regular meeting held on the day of , A,D., 2000,
Mayor Shirley Freeman
Mayor Pro Tern George Nugent
Commissioner Wilhelmina Harvey
Commissioner Mary Kay Reich
Commissioner Nora Williams
, APPROVED AS TO FORM
AND S~cmNCY
BY
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor/Chairperson
(SEAL)
ATTEST: DANNY K, KOLHAGE, CLERK
DEPUTY CLERK
Amendment to Vacation Rental Ordinance
V ACRORD.02/LDR Page 12 of 12
Initials
PLANNING COMMISSION RESOLUTION
RESOLUTION NO. P23-2000
A RESOLUTION BY THE MONROE COUNTY
PLANNING COMMISSION RECOMMENDING
APPROVAL TO THE BOARD OF COUNTY
COMM:ISSIONERS OF THE REQUEST FIT..ED BY THE
PLANNING DEPARTMENT TO M1END THE
MONROE COUNTY LAND DEVELOPMENT
REGULATIONS, SEC. 9.5-4, DEFINITIONS; SEC. 9.5-
241, OFFSHORE ISLAND DISTRICT; SEC. 9.5-242.5
IMPROVED SUBDIVISION-TOURIST HOUSING; AND
SEC.9.5-534 VACATION RENTAL USES. THESE
CHANGES CLARIFY WHERE AND HOW VACATION
RENTALS MAY BE PERMITTED, REQUlRES A
LICENSED VACATION RENTAL MANAGER FOR
EACH UNIT, AND PROVIDES FOR ENHANCED
ENFORCEMENT.
WHEREAS, the Monroe County Board of County Commissioners on
February 3, 1997 adopted Ordinance no. 004-1997, Vacation Rentals, which
clarified the existing prohibition on short term rentals (less than 28 days) of single
family homes within improved subdivisions and other residential districts and
provided a process whereby vacation rentals could be allowed in some land use
districts; and
WHEREAS, the Vacation Rental Ordinance became effective on
December 4, 1998 after the DCA Final Order was issued; and
WHEREAS, the Board of County Commissioners requested the Planning
Commission to review and recommend changes to the vacation rental
requirements in the Land Development Regulations (LDR) in response to
concerns raised at a November 1999 Commission meeting; and
WHEREAS, The Monroe County Planning Commission met on
December 15, 1999, considered changes to the existing regulations based on
responses to their request for written public comments; and directed the planning
department to prepare amendments to the Land Development Regulations; and
WHEREAS, the Planning Commission, during special meetings on
March 1 and April 4, 2000 conducted public hearings in Marathon and Key Largo
on the proposed amendments; and
V ACRORD.OIILDR
10f2
~
WHEREAS, the Planning Commission fmds that the proposed
amendments will provide improvements for the implementation of the vacation
rental regulations while continuing to offer protection to single family
neighborhoods,
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION OF MONROE COUNTY FLORIDA, to recommend that the
Board of County Commissioners APPROVE the proposed amendments to the
Land Development Regulations, attached hereto as exhibit 1.
PASSED AND ADOPTED by the Planning Commission of Monroe
County, Florida, at a regular meeting held on the 12 day of April 2000.
Chair Mapes
Vice-Chair Stuart
Commissioner Hill
Commissioner Marr
Commissioner Werling
M
'1(!,5
~p.s
yes
1~S
APPROVED AS TO FORM
AND~
BY Attorney's Office
PLANNING COMMISSION OF
MOrOE CO~, FLORIDA
-YO('I :~nn~pes,I;~~
BY
~
Signed this 1!i day of
ZgOO
V ACRORD.Ol/LDR
2of2
REVISIONS TO VACATION
RENTAL ORDINANCE
Sec. 9.5-4. Definitions.
Sec. 9.5-241. Offshore Island District
(a) The following uses are permitted as of right in the Offshore Island District:
(1 ) Detached residential dwellings;
(2) Camping, for the personal use of the owner of the property on a temporary
basis;
(3) Beekeeping;
(4) Accessory uses; and
(5) Home occupations-Special use permit requiring a public hearing,
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In addition to the as of right and conditional uses listed above in 9.5-242, vacation rental
uses are allowed as of right (subject to the regulations established in Code 99.5-534) in
those Improved Subdivision - Vacation Rental Districts with the subindicator V (Vacation
Rental).
A map amendment designating a contiguous parcel as IS-V may be approved, provided
that the map amendment application (and subsequent building permit applications and
special vacation rental permit applications) meet the following standards, criteria and
conditions:
(a) The IS-V designation is consistent with the 2010 Comprehensive Plan and there is
no legitimate public purpose for maintaining the existing designation.
(b) The IS-V designation allowing vacation rental use does not create additional trips
or other adverse traffic impacts within the remainder of the subdivision or within
any adjacent IS district;
(c) The parcel to be designated IS-V must contain sufficient area to prevent spot-
zoning of individual parcels (Le., rezonings should not result in spot-zoned IS-V
Planning Commission Page 1 04/18/00
y
districts or result in spot-zoned IS districts that are surrounded by IS-V districts).
Unless the parcel to be rezoned contains the entire subdivision there will be a
rebuttable presumption that spot-zoning exists, but the Board of County
Commissioners may rebut this presumption by making specific findings supported
by competent, substantial evidence that:
i) the designation preserves, promotes and maintains the integrity of
surrounding residential districts and overall zoning scheme or
comprehensive plan for the future use of surrounding lands;
ii) does not result in a small area of IS-V within a district that prohibits vacation
rentals;
iii) the lots or parcels to be designated IS-V are all physically contiguous and
adjacent to one another and do not result in a narrow strip or isolate
pockets or spots of land that are not designated IS-V, or which prohibit
vacation rentals; and
iv) The IS-V designation is not placed in a vacuum or a spot on a lot-by-Iot
basis without regard to neighboring properties, but is a part of an overall
area that allows vacation rentals or similar compatible uses.
(d) In addition to the requirements contained in Code 99-.5-377 (District Boundaries),
an IS-V district shall be separated from any established residential district that
does not allow tourist housing or vacation rental uses by no less than a class C
bufferyard;
(e) Vacation rental use is compatible with established land uses in the immediate
vicinity of the parcel to be designated IS-V; and
(f) Unless a map amendment is staff generated (i.e., initiated by Monroe County), an
application for a map amendment to IS-V shall be authorized by the property
owner( s) of all lots (or parcels) included within the area of the proposed map
amendment.
Sec. 9.5-534 Vacation rental uses.
Planning Commlltgon
Page 2
04/18/00
~
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(4) A decision to approve or deny a special vacation rental permit can be
appealed to the planning commission within (30) days pursuant to Code
section 9.5-521 .
(e) Regulations. All special vacation rental units, requiring a special vacation rental
permit shall comply with the following regulations at all times:
(1) No more than one motorized watercraft, including a jet ski or wave runner,
shall be allowed at each vacation rental unit. The watercraft may be moored
at either an existing on-site docking facility or stored on a trailer in an
approved parking space. .
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Planning Commission
Page 3
04/18/00
y
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(3) No boat docked at a vacation rental property shall be chartered to a person
other that registered guests of the vacation rental unit or used for live-
aboards, sleeping or overnight accommodations. In addition, recreation
vehicles shall not be used for sleeping or overnight accommodations at the
vacation rental unit.
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(5) All trash and debris on the vacation rental property must be kept in covered
trash containers. Each vacation rental unit must be equipped with at least
four (4) covered trash containers for such purpose. Owners must post, and
occupants must comply with, all trash and recycling schedules and
requirements applicable to the vacation rental unit. Trash containers must
not be placed by the street for pick-up until 6:00 p.m. the night before pick-
up and must be removed from the area by the street by 6:00 p.m. the next
day.
(6) A Tenant(s) 's agreement to the forgoing rules and regulations must made a
be part of each and every lease under Florida Statutes 9509.01 for any
vacation rental unit subject to the provisions of this section. These vacation
rental regulations governing tenant conduct and use of the vacation rental
unit shall be prominently posted within each dwelling unit subject to the
provisions of this section along with the warning that violations of any of the
vacation rental regulations constitutes a violation of Monroe County Code
subject to fines or punishable as a second degree misdemeanor and is also
grounds for immediate termination of the lease and eviction from the leased
premises and criminal penalties under F.S. 9 509.151 ("Defrauding an
Innkeeper"), F.S. 9 509.141 ("Ejection of Undesirable Guests"), F.S. 9
509.142 ("Conduct on Premises) or F.S. 9 509.143 (Disorderly Conduct on
Premises, Arrest").
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(8) Vacation rental units must be registered, licensed and meet all applicable
state requirements contained in Florida Statutes Chapter 212 (Florida Tax &
Revenue Act) and 509 (Public Lodging Establishments) as implemented by
the Florida Administrative Code, as may be amended.
Planning Commkgon
Page 4
04/18/00
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(13) The Tenants Agreement with the rules of conduct shall be posted in a
conspicuous location in each vacation rental unit.
(f) Special vacation rental permit application. A complete special vacation rental
permit application shall include the following:
(1) The complete legal description, street address, RE number and location of
the vacation rental unit.
(2) Proof of ownership and the name, address and telephone number of each
and every person or entity with an ownership interest in the dwelling unit.
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Planning Commission
Page 5
04/18/00
~
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(7) The applicant shall sign a written statement granting authorization to
Monroe County code enforcement department to inspect the premises of
the vacation rental unit prior to the issuance of the special vacation rental
permit and at any other time after issuance of such permit, concerning
compliance with the Monroe County Code Chapter 9.5 (Le. the Land
Development Regulations).
(8) The application shall bear the signature of all owner(s), all authorized
agent( s) and authorized manager( s) of the owner( s).
(9) Any additional information required to determine compliance with the
provisions of this section.
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"You have the right to appeal a decision to approve or deny this special
vacation rental permit to the planning commission within thirty (30) days
under Code section 9.5-521. You may have other rights that Monroe
County cannot enforce. Review of a special vacation rental permit
application by Monroe County will consider the existence of valid private
deed restrictions, restrictive covenants or other restrictions of record which
may prohibit the use of the dwelling unit for vacation rental purposes. You
may wish to consult an attorney concerning these private rights."
Planning Commlssion
Page 6
04/18/00
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Planning Commission Page 7 04/18/00
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(3) After the effective date of this section, leases, subleases, assignments or
any other occupancy agreements, for compensation for less than twenty-
eight (28) days in duration:
(i) Shall not be entered into or renewed once they have expired or have
terminated in any district in which tourist housing use is prohibited or
in any district in which a vacation rental use is allowed unless a
special vacation rental permit, building permit, inspection and
certificate of occupancy for the vacation rental use (or for the
conversion of an existing dwelling unit to vacation rental use) are first
obtained; and
(ii) Any pre-existing vacation rental uses shall not be considered a lawful
non-conforming use under section 9.5-143 and must be discontinued
in any land use districts that prohibit vacation rental uses no later
than thirty (30) days after the effective date of this section (May 12,
1999). Except that a vacation rental use that was established, and
had obtained all of the required state and local permits and licenses,
(a) prior to September 15, 1986 (b) or under any Code provisions
that expressly allowed vacation retail uses, may remain pursuant to
Code section 9.5-143.
(4) Monroe Count code section 6.3-13 shall not bar code enforcement for new
vacation rental violations occurring after the effective date of this section.
(5) Prima facie evidence of vacation rental uses of a dwelling unit shall include
(i) registration or licensing for short-term rental or transient rental use by the
state under F.S. Chapters 212 (Florida Tax and Revenue Act) and 509
(Public Lodging Establishments), (ii) advertising or holding out a dwelling
unit for vacation rental use, (iii) reservations, booking arrangements or more
than one signed lease, sublease, assignment, or any other occupancy or
agreement for compensation, trade, or other legal consideration addressing
or overlapping any period of 28 days or less, or (iv) the use of an agent or
other third person to make reservations or booking arrangements.
Planning Commission
Page 8
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(k
(7) In addition to any other remedies available to Monroe County (including
code enforcement pursuant to F.S. Chapter 162). Monroe County or any or
other adversely affected party may enforce the terms of this section in law
or equity. Any citizen of Monroe County may seek injunctive relief in a court
of competent jurisdiction to prevent a violation of section 9.5-534 or to
revoke a special vacation rental permit or vacation rental manager license,
as set forth above. Attorney's fees and costs incurred in an action to
enforce these regulations concerning vacation rental use(s) may be
awarded to a substantially prevailing party at the discretion of the court.
Planning Cnmmi!;sion
Page 9
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