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Presentation on Draft Ordinance Regulations Governing Vacation Rentals and Transient Lodging Establishments
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BRIEF OVERVIEW
Background
Chapter 509, Florida Statutes establishes a regulatory framework for lodging establishments, including vacation rentals and transient public lodging establishments. It defines vacation rentals as "transient public lodging establishments" that consist of "any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests.
Although Florida Statutes Section 509.032 restricts local governments from enacting regulations that prohibit vacation rentals or that regulate the duration or frequency of such rentals, the statute does not prohibit local governments from enacting new regulations on vacation rentals that do not pertain to duration and frequency.
Comprehensive Plan Consistency
Strategy 1.10B(3) of Hernando County's 2040 Comprehensive Plan requires that the county “[p]rotect existing and future residential areas from encroachment of incompatible uses that are destructive to the character and integrity of the surrounding residential area.”
Goal 4.01 of Hernando County’s 2040 Comprehensive Plan requires the county to “provide sites for adequate housing of its residents and shall ensure that residents have access to safe, decent and sanitary housing that is affordable to all income levels”;
Objectives 1.04B and 1.04G of the 2040 Comprehensive Plan provide that, with limited exceptions, commercial uses are prohibited in residentially designated areas, which include single-family and multifamily areas, and that high density residential uses, such as hotels, motels, and bed and breakfast establishments, are not generally allowed in residentially designated areas
Analysis
If unregulated, vacation rentals can create negative compatibility impacts in residential neighborhoods, including inappropriate commercialization and disruption of the character of residential neighborhoods-such as excessive noise, parking that overwhelms residents use, and accumulation of trash, as well as diminished public health, safety, and welfare.
The proposed ordinance is designed to preserve the quiet nature and atmosphere of residential areas and ensure the county's residents the tranquility and peaceful enjoyment of their neighborhoods; and to provide law-abiding residents the opportunity to offer and use vacation rentals in an orderly manner, consistent with state and local law and with neighborhood character.
Process
If approved, this ordinance allows the county, through its existing regulatory framework, to issue certificates to short-term rentals conforming to these standards, which will in turn provide a level playing field amongst all providers of short-term rental units. Additionally, this ordinance establishes an enforcement mechanism for those short-term rental properties, which do not adhere to the standards on an initial or continuing basis, with the overall goal of the short-term rental unit program being compliant with the standards and not punitive in its scope.
FINANCIAL IMPACT
A matter of policy. There is no financial impact associated with this request.
LEGAL NOTE
The Planning and Zoning Commission has the authority to consider the proposed ordinance and provide a recommendation to the Board of County Commissioners consistent with Appendix A of the Land Development Regulations.
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RECOMMENDATION
It is recommended that the Planning and Zoning Commission consider the proposed ordinance, take public comment, and provide a recommendation to the Board of County Commissioners.