HomeMy WebLinkAboutO-18-08 Vacation RentalsORDINANCE NO. 0-18-08
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, RELATING TO SHORT-TERM VACATION
RENTALS; AMENDING THE LAND DEVELOPMENT CODE ARTICLE
VII (GENERAL REGULATIONS) TO ESTABLISH REQUIREMENTS
FOR VACATION RENTALS AND REGISTRATION FORMS BY
CREATING ZONING CODE SECTION 54-2-7.22; PROVIDING FOR
SEVERABILITY, CONFLICTS, CODIFICATION, AND SCRIVENER'S
ERRORS; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA
THAT THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE (LDC) ARTICLE VII,
GENERAL REGULATIONS, BE AMENDED AS FOLLOWS:
SECTION #1: Zoning code Section 54-2-7.22 is hereby created to read as follows:
I. Definitions:
a) Vacation rental definition: Any residential dwelling which is rented or leased more than three times
in a calendar year to a tenant, individual, group of individuals, or party for a period of less than 30 days,
or which is advertised or held out to the public as a dwelling which may be regularly rented or leased
for a period of less than 30 days (509.013 (F.S.)).
b) Peer-to-peer or platform entity definition: any person, service, business, company, marketplace, or
other entity that provides property owners, tenants and agents a platform or means to offer vacation
rentals to occupants, whether through the internet or other means.
2. Vacation rental registration:
a) For purposes of vacation rental regulations, "bedroom" is defined as follows: any room used
principally for sleeping purposes and meeting applicable building code requirements for a bedroom.
b) The owner of a vacation rental unit or the rental unit manager shall obtain a separate
registration form required for each vacation rental unit. A registration may be transferred to
a new owner upon submission of updated registration information and execution of, and
assumption o f, registration obligations and conditions on a form provided by the Community
Development Department.
1. Registration shall be managed by the Community Development Department in coordination with
other City departments, local agencies, and state agencies.
2. A Vacation Rental Registration Form, supplemental to the Local Business Tax Application, shall
be submitted to the Building Department provided by the Community Development
Department.
3. Prior to issuance of a Business Tax Receipt, a Life Safety inspection of the vacation rental unit
shall be conducted by a City Building Inspector for compliance with the requirements of this
section.
August 2018
(c) Registration form submittal requirements are as follows:
I. Rental unit owner and manager contact information (cell phone number, email address,
mailing address).
2. Documentation that the applicant has obtained the following:
a. State DBPR license for vacation rental unit
b. Local business tax receipt from the City of Sebastian
c. Local tourist tax account from the Clerk ofthe Circuit Court
3. Parking compliance information: number of garage and/or carport spaces, maximum
number of bedrooms, maximum number of automobiles allowed and location of
spaces on improved or stabilized driveway.
4. Verification that carbon monoxide alarms, if required by code, and state license fire
protection items have been provided in the vacation rental unit: smoke alarms, emergency
lighting, and fire extinguisher.
5. Unit interior under air information: square footage and number ofbedrooms.
6. Acknowledgment form executed and dated by the rental unit owner and/or manager. The
acknowledgment form shall provide information regarding the following City requirements
for vacation rentals.
a. Special parking regulations
b. Noise regulations: No excessive noise that would cause annoyance to any reasonable
person of normal sensitivity from 11 pm to 6 am.
c. Fire safety requirements and maximum sleeping occupancy limitations
d. Fines and citation penalties for violations
7. Acknowledgment that the following information will be posted or displayed inside the
vacation rental unit prior to inspection of the unit by the City staff and shall thereafter be
continuously posted or displayed inside the vacation rental unit:
a. Property address
b. Manager contact information
c. Maximum numb er of parked automobiles a n d boats, and approved parking locations
d. Trash and recycling pick-up days and protocol for placing and retrieving Waste
Management containers
e. Noise regulations: No excessive noise that would cause annoyance to any reasonable
person of normal sensitivity from 11 pm to 6 am.
f Location ofsmoke alarms, emergency lighting, and fire extinguisher.
g. Emergency information
It. Maximum sleeping occupancy (number ofpersons)
8. Acknowledgement that the applicant has contacted any applicable property owners
association or homeowners/condo association and is aware of private restrictions, if
any, that may affect operation of vacation rental at the subject residence.
August 2018
3. Vacation rental local regulations.
a) To the extent that there is no conflict with these vacation rental regulations, all City
regulations applicable to a residential unit that is not operated or used as a vacation rental unit
shall also apply to a vacation rental unit.
b) Parking and storage of boats and recreational vehicles shall conform to the requirements of
zoning code section 54-2-7.13.
c) Vacation Rental Special Parking Regulations:
1. For a vacation rental the number of automobiles that may be parked outside of a carport or
garage shall be limited to one automobile per bedroom, plus one (1), not to exceed a total
of five (5) automobiles parked outside the carport or garage. Automobiles parked outside
of a carport or garage shall be parked within a designated and improved or stabilized
driveway that has been permitted and not within any required yard area.
2. For all vacation rentals, all automobiles except for service and delivery vehicles shall be
parked on-site and shall not be parked within a road right-of-way except within a
designated and improved or stabilized driveway that has been permitted.
3. Automobiles parked with a designated and improved or stabilized driveway shall not
obstruct any sidewalks or pedestrian walkways.
d) The overnight maximum sleeping occupancy of a vacation rental unit shall not exceed 2
persons per bedroom plus 2 additional persons. Notwithstanding the above, a maximum
(cap) of 10 persons shall apply to each unit whether the unit is served by public sewer service
or by an on-site sewage treatment and disposal system (septic/drain field system). The unit
.occupancy limit shall be stated on the local license.
e) Fire protection items required for the state vacation rental license shall be provided in
the vacation rental unit. In addition, a carbon monoxide (CO) alarm, when required under
Section R315, Carbon Monoxide Alarms ofthe Florida Building Code—Residential, shall be
provided.
f) Changes in the vacation rental manager and/or changes in the manager contact information
shall be provided to the Building Department within ten (10) days of the change.
g) The local business tax receipt number, the occupancy limit, the maximum number of
vehicles allowed to be parked on site outside any garage or carport, and the noise
regulations statement contained in section (c)6b of these regulations, shall appear or be
stated in any vacation rental unit advertisement or any rental offering associated with a
vacation rental unit.
h) Each year, the applicant shall submit a copy of a valid current state license to the Building
Department upon renewal of their business tax receipt.
August 2018
4. Interim Operation of Vacation Rental Unit:
Because of the length of time it may take to comply with all of the new requirements on this section, all
short term vacation rental owners may lawfully operate up to three (3) months from notification (i.e.
local news ad/article and City website) but shall have until December 31, 2018 to obtain a Local
Business Tax receipt from the City and come into full compliance with the new standards and
requirements imposed by this section. All short term vacation rental owners who do not comply with
this ordinance within the aforementioned three (3) months will receive a citation in accordance with
Section 54-1-2.2 of the city of Sebastian code. Once cited, short term vacation rental property owners
will have 30 days to come into compliance with the regulations or incur a fine set by the special
magistrate.
5. Claim ofContract Impairment.
It is not the intent of this ordinance to impair any existing contracts, leases, or reservations that are
evidenced by writing. An owner who asserts the enacted ordinance amendment impairs a short term
vacation rental contract in effect on or before September 12, 2018 shall submit the contract, lease or
reservation, evidenced in writing, to the Community Development Director for review and
consideration. An owner shall have until December 31, 2018 to submit the claim of impairment to
the Community Development Director for determination. Appeal of the decision of the
Community Development Director shall follow the appeal procedure set forth in Land
Development Code Section 54-1-2.5(d).
SECTION #2: SEVERABILITY
If any clause, section or provision of this Ordinance shall be declared by a court of competent
jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this
Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as
ifsuch invalid portion thereofhad not been incorporated therein.
SECTION #3: REPEAL OF CONFLICTING ORDINANCES
The provisions of any other City of Sebastian ordinance that are inconsistent or in conflict with the
provisions ofthis Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the L a n d D e v e l o p m e n t
Code of the City of Sebastian, Florida. The sections of the Ordinance may be renumbered or re -lettered to
accomplish such, and the word 'ordinance" may be changed to "section", "article", or any other appropriate
word.
SECTION#5: SCRIVENER'S ERRORS
Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do
not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of
public hearing, by filing a corrected or re -codified copy of same with the City Clerk.
August 2018
SECTION #6: EFFECTIVE DATE
This Ordinance shall become effective immediately upon its adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember Mcpartlan . The motion
was seconded by Councilmember Hill and, upon being put to a vote, the vote was as
follows:
Mayor Jim Hill
ave
Vice Mayor Linda Kinchen
ave
Councilmember Ed Dodd
aye
Councilmember Albert Iovino
ave
Councilmember Bob McPartlan
ave
The Mayor thereupon declared this Ordinance duly passed and adopted this 12`" day of September, 2018.
ATTEST:
eanette William, MMC
City Clerk _
CITY OF SYEBPASTIAN. FLORIDA
Mayor
Approved as to form and legality for
reliance b the City of Sebastian only:
Japes'Stokes, City Attorney
August 2018