While establishing general regulations for transient public lodging establishments, Florida Statute Chapter 509, creates a sub-category known as “vacation rental” units, which provides short-term accommodations in predominantly residential areas. Under the Statute, local governments may not prohibit vacation rentals or regulate their duration or frequency, but may adopt requirements related to noise, parking, and registration. Where such requirements are adopted, their purpose is to minimize the impacts of vacation rentals on surrounding neighborhoods.
In order to protect the character of neighborhoods, the proposed amendments to the Land Development Code establish a process for registration of vacation rentals within unincorporated Seminole County, and certification by the owner through the registration process (or other responsible party) that all requirements shall be met while tenants occupy the rental units. As a result, County staff through a third party vendor, will have a record for each unit, location, maximum occupancy, ownership, and person(s) responsible in the event of a violation. Registration through a third party vendor, depending on the selected vendor, can provide the following services: address identification; online registration; ordinance compliance monitoring; rental activity monitoring; and hotline services for complaints.
The proposed amendment contains a provision for adequate parking, and requires that any new or additional required parking spaces be provided in garages, carports, and/or driveways with paved or stabilized surfaces, and not through use of drainage swales, sidewalks, bicycle paths, and similar facilities.
As part of the registration for a vacation rental, the operator (i.e., owner or authorized agent), must certify compliance with, and inform tenants of, pertinent County regulations including those addressing parking, noise, solid waste disposal, and urban bear management. The operator must also provide proof of compliance with state licensing requirements.
As part of the registration process, the responsible party agrees to meet a list of operating standards for the rental unit, including, but not limited to, a maximum of two (2) persons per sleeping room, and providing a telephone capable of contacting the E-911 Communications Center at all times.
The proposed Ordinance requires that violations of the Code requirements will be addressed through the Code Enforcement provisions of Chapter 53 of the Seminole County Code of Ordinances.
Per the proposed Ordinance, the regulations would not apply to any vacation rental that is owner occupied on a full-time-basis and where the sleeping room(s) is accessed via a hallway internal to the facility (vacation rental). Having a permanent resident on-site to help mitigate any issues reduces the potential for noise, parking and traffic nuisances.
Planning and Zoning Commission Recommendation
The Planning and Zoning Commission met on June 6, 2018, and voted 5-0 to recommend adoption of the Ordinance, subject to the following statement being added to the text of the ordinance:
“This Ordinance does not authorize persons to violate applicable restrictive covenants or homeowners’ association rules and regulations. The County does not police or enforce private restrictive covenants or homeowners’ association rules and regulations. Persons applying for and receiving permits under this Ordinance are solely responsible for compliance with all applicable restrictive covenants and homeowners’ association rules and regulations.”
The concern raised during the June 6, 2018 meeting of the Planning & Zoning Commission centered on the issue of whether occupants of vacation rental units are aware of and comply with homeowners association (HOA) rules and regulations governing access to amenities such as swimming pools and tennis courts. It was suggested that the proposed Land Development Code amendments include a statement that the Ordinance does not permit vacation rental occupants to violate HOA rules and regulations.
The proposed Ordinance has been revised to include this statement. A provision at Section 30.1376(c) was added to the Ordinance that states these regulations do not authorize persons to violate applicable restrictive covenants or HOA rules and regulations.
The revised ordinance incorporates two of the comments and suggestions we received last year via Oscar Anderson from the vacation rental industry:
1. The separate requirement for a certificate of compliance was
removed and only registration is required through a third party vendor;
and
2. The revised ordinance acknowledges that taxes could be remitted
through a peer-to-peer platform.
April 23, 2019 Board of County Commission Meeting
Below are the most recent changes made to the proposed ordinance based on comments from the public and from the Board of County Commissioners made at their April 23, 2019 Public Hearing. A summary of those changes included in this draft (attached), are as follows.
1. Line 100 – Section 30.1374(a). Moved date of required registration to December 1, 2019 in order to allow time for County to enter into a contract with a vendor.
2. Line 166 – Section 30.1374(b)(16). Added new (16) which provides County the right, but not the obligation, to conduct a physical inspection of the vacation rental to verify the representations made in the applicant’s Affidavit of Compliance'.
3. Line 170 – Section 30.1374(c). Moved the period of annual registration to run from December 1st through November 30th to coincide with the new registration deadline.
4. Line 190. Section 30.1375(a)(1). Revised Maximum Occupants and Guests to reduce the number of allowable guests to reflect that the number of non-overnight guests shall not exceed the number of transient occupants in the vacation rental. This change will help to control the use of vacation rentals for parties and weddings.