§ 134-1. Vacation Rental Uses.
(a)
Special vacation rental permit. 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 section 101-1, except as provided for under subsection (b) of this section. 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 following:
(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 multifamily 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 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:
(1)
The designated contact for responding to complaints made by neighbors against vacation rental tenants; and
(2)
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 and fees.
(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 subsection (f) of this section.
(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 may be appealed to the planning commission within 30 days pursuant to section 102-185.
(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 than 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.
(4)
Occupants shall be prohibited from making excessive or boisterous noise in or about any residential dwelling unit at all times. Noise, that 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. weekdays 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 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 agreement to the forgoing rules and regulations must be made a part of each and every lease under F.S. § 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 this 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 county code enforcement personnel during business hours.
(8)
Vacation rental units must be registered, licensed and meet all applicable state requirements contained in F.S. ch. 212 (Florida Tax and Revenue Act) and F.S. ch. 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.
(10)
All vacation rental units shall have a vacation rental manager, who has been issued a vacation rental manager license by the planning department as provided for in subsection (h) of this section. 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 24 hours per day, seven 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 300 feet of the subject dwelling.
(11)
Complaints to the vacation rental manager concerning violations by occupants of vacation rental units to this section 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 county code enforcement department during business hours.
(12)
The name, address, and telephone number of the vacation rental manager, 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 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 F.S. ch. 212 (Florida Tax and Revenue Act) and a valid and current permit, license or approval under F.S. ch. 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 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 county land development regulations;
(8)
The application shall bear the signature of all owners, all authorized agents and authorized managers of the owners; and
(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 300 feet of the dwelling unit which is the subject of the special vacation rental permit application, not less than 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 county code enforcement department; and a copy of the tenants agreement. Notice to the adjacent property owners must include the following statement:
"You have the right to appeal a decision to approve or deny this special vacation rental permit to the planning commission within 30 days under section 102-185. You may have other rights that the county cannot enforce. Review of a special vacation rental permit application by the county will consider the existence of valid private deed restrictions, restrictive covenants or other restrictions of record that may prohibit the use of the dwelling unit for vacation rental 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 30 days after the notices of application were sent to all property owners located within 300 feet of the dwelling unit that is the subject of the permit.
(h)
Fines or revocation of special vacation rental use permit. A special vacation rental permit shall be revoked by the planning commission and/or fines levied by the code enforcement special magistrate 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 is given notice and a hearing is held by the planning commission, code enforcement special magistrate or a court of competent jurisdiction.
(i)
Duration and renewal of special vacation rental use permit. Special vacation rental use permits shall expire one year after the date of their issuance, unless renewed within 30 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 F.S. ch. 509 and F.S. ch. 212.
(j)
Vacation rental manager license application, issuance, 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 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 magistrate or court of competent jurisdiction upon a finding of: a total of two 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 subsections (k)(1) —(k)(3) of this section.
(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 the ordinance from which this section is derived, leases, subleases, assignments or any other occupancy agreements, for compensation for less than 28 days in duration:
a.
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
b.
Any pre-existing vacation rental uses shall not be considered a lawful nonconforming use under section 102-56 and must be discontinued in any land use districts that prohibit vacation rental uses no later than 30 days after the effective date of the ordinance from which this section is derived. Except that a vacation rental use that was established, and had obtained all of the required state and local permits and licenses, prior to September 15, 1986, or under any Code provisions that expressly allowed vacation retail uses, may remain pursuant to section 102-56.
(4)
Section 8-36 shall not bar code enforcement for new vacation rental violations occurring after the effective date of the ordinance from which this section is derived.
(5)
Prima facie evidence of vacation rental uses of a dwelling unit shall include:
a.
Registration or licensing for short-term rental or transient rental use by the state under F.S. chs. 212 (Florida Tax and Revenue Act) and 509 (public lodging establishments);
b.
Advertising or holding out a dwelling unit for vacation rental use;
c.
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
d.
The use of an agent or other third person to make reservations or booking arrangements.
(6)
A violation of any of the regulations in subsections (k)(1)—(k)(3) of this section shall be punishable as a second degree misdemeanor and by a fine of up to $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 magistrate pursuant to section 8-37, or by citation under section 8-35, F.S. § 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 $250.00 for the first offense and $500.00 for each subsequent offense.
(7)
In addition to any other remedies available to the county (including code enforcement pursuant to F.S. ch. 162). The county or any or other adversely affected party may enforce the terms of this section in law or equity. Any citizen of the county may seek injunctive relief in a court of competent jurisdiction to prevent a violation of this section or to revoke a special vacation rental permit or vacation rental manager license, as set forth in this section. Attorney's fees and costs incurred in an action to enforce these regulations concerning vacation rental uses may be awarded to a substantially prevailing party at the discretion of the court.
( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)