HomeMy WebLinkAboutDocumentation_Workshop_Tab 01_8/31/2020Agenda Item #1.
Workshop
STAFF MEMO a
Meeting: Workshop - Aug 31 2020
Staff Contact: Jeremy Allen, Village Manager Department: Manager
Council Discussion on: ORDINANCE 07-20 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 78. ZONING. ARTICLE I. IN GENERAL, SEC. 78-4. DEFINITIONS. BY CREATING A
NEW DEFINITION FOR "VACATION RENTAL" TO CORRESPOND WITH VILLAGE CODE AND
APPLICABLE STATE LAW; ALSO AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 78. ZONING. BY CREATING AN ENTIRELY NEW ARTICLE XIV, "VACATION
RENTALS" TO PROVIDE STATUTORILY COMPLIANT REGULATIONS FOR THE OPERATION OF
VACATION RENTALS IN THE VILLAGE OF TEQUESTA; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND
FOR OTHER PURPOSES.
Limited regulations for vacation rentals.
Review and discuss.
Teauesta Vacation Rentals Ordinance KWD EDITS
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Agenda Item #1.
ORDINANCE NO. 07-20
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. ARTICLE I. IN GENERAL,
SEC. 78-4. DEFINITIONS. BY CREATING A NEW DEFINITION FOR
"VACATION RENTAL" TO CORRESPOND WITH VILLAGE CODE
AND APPLICABLE STATE LAW; ALSO AMENDING THE VILLAGE
CODE OF ORDINANCES AT CHAPTER 78. ZONING. BY CREATING
AN ENTIRELY NEW ARTICLE XIV, "VACATION RENTALS" TO
PROVIDE STATUTORILY COMPLIANT REGULATIONS FOR THE
OPERATION OF VACATION RENTALS IN THE VILLAGE OF
TEQUESTA; PROVIDING THAT EACH AND EVERY OTHER SECTION
AND SUBSECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN
FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING
A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND
FOR OTHER PURPOSES.
WHEREAS, Chapter 509 Florida Statutes regulates public lodging establishments as
either transient public lodging establishment or non -transient public lodging establishment; and
WHEREAS, in 2011, through the enactment of Chapter 2011-119, Laws of Florida, the
Florida Legislature created a new classification of transient public lodging establishment known
as "vacation rentals" that is defined in Section 509.242(c), Florida Statutes, as "any unit or group
of units in a condominium or cooperative or any individually or collectively owned single-
family, two-family, three-family, or four -family house or dwelling unit that is also a transient
public lodging establishment but that is not a timeshare project."; and
WHEREAS, Section 509.032(7), Florida Statutes, provides that any local laws,
ordinances, or regulations enacted after June 1, 2011 may not prohibit vacation rentals or
regulate the duration and frequency of rental of vacation rentals, effectively preempting the local
regulation of vacation rentals with respect to duration and frequency of the rentals, but allowing
other local regulation; and
WHEREAS, unregulated vacation rentals located within established neighborhoods can
disturb the quiet enjoyment of the neighborhood and create numerous secondary impacts,
including excessive noise, traffic, on -street parking, and a greater demand on public services; and
WHEREAS, traditional transient lodging establishments (e.g. hotels and motels) are
typically restricted to commercial and other non -residentially zoned areas where intensity of use
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Agenda Item #1.
is separated from less busy and quieter residential uses, but vacation rentals are by their nature
and definition, located in residentially zoned areas; and
WHEREAS, like many other municipalities throughout the State of Florida, the Village
of Tequesta desires to impose standards upon vacation rentals both to provide for the safety and
welfare of occupants of such vacation rentals, but equally as important, to minimize negative
impacts caused by vacation rentals in residential areas, and especially in established single-
family neighborhoods; and
WHEREAS, the Village Council of the Village of Tequesta believes the enactment of
land development regulations applicable to vacation rentals is necessary to preserve the integrity
of residential areas and neighborhoods and corresponding property values, while also protecting
the health, safety and welfare of residents, property owners, investors and transient occupants of
the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA AS FOLLOWS:
Section 1: Chapter 78. Zoning of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article I. In General. Sec. 78-4. Definitions. by creating a definition for
"Vacation rental" to correspond with Village code and applicable state law.
Sec. 78-4. Definitions.
The following words, terms and phrases, when used in this chapter, unless otherwise specified,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning. All words used in the present tense include the future; all words in
the singular number include the plural and the plural the singular. The word "building" includes
the word "structure." The word "shall' is mandatory. The word "person" includes a firm,
corporation or municipal corporation as well as a natural person. The word "map" shall mean the
official zoning map of the village. The term "council" shall mean the Council of the Village of
Tequesta and the word 'village" shall mean the Village of Tequesta, a municipal corporation of
the State of Florida. The word "used" shall be deemed to include the words "arranged, designed
or intended to be used," and the word "occupied" shall be deemed to include the words
"arranged, designed or intended to be occupied." Any word or term not interpreted or defined by
this section shall be used with a meaning of common or standard utilization.
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hacation rental means any unit or .group of units in a condominium or cooperative or any
individually or collectively owned single-family, two-family, or multiple -family house or
dwelling unit that is also a transient public lodging establishment as defined in F.S. § 509.013.
and is located in an area zoned RI -A, R-1, R-2, or R-3 but that is not a timeshare project.
Vacation rental use does not include hotels, motels, and RV spaces.
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended to create an entirely new Article XIV, "Vacation Rentals" to provide state law
compliant local regulations for vacation rentals in the Village of Tequesta; providing that
Chapter 78, Article XIV. Vacation Rentals. shall hereafter read as follows:
Secs. 78-885-78-889. Reserved.
ARTICLE XIV. VACATION RENTALS
Sec. 78-890. Vacation rental hermit required.
It shall be unlawful for any person or entity to operate or occupy a residential property
that is a single-family, two-family, or multiple -family house or dwelling unit as a vacation rental
within the village, or offer such property for rent as a vacation rental within the village, unless
the person or entity has registered such property with the village by obtaining a vacation rental
permit in accordance with the requirements of this article. All existing vacation rentals shall be
required to obtain a permit under this article by January 1, 2021 Separate permits are required
for each individual vacation rental unit. All vacation rental permits shall be renewed annually in
conjunction with payment of the local business tax and shall be considered delinquent if not
renewed by October 1 of each year.
Sec. 78-891. Vacation rental permit application.
Every vacation rental owner or operator shall register with the Village by submitting to
the building department a completed vacation rental permit application in a form promulgated by
the village, together with a registration fee in an amount established by resolution of the village
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Agenda Item #1.
council. A separate permit application form and registration fee shall be required for each
vacation rental unit.
Lai Permit application. A complete vacation rental permit application form shall include
the following:
LIJ The complete legal description, street address. RE number and location of the
vacation rental unit:
Q Proof of ownership and the name. address and telephone number of each and
evety person or entity with an ownership interest in the dwelling unit:
Payment of all applicable fees
A copy of the business tax receipt issued by the village
A copy of the vacation rental's current and active license as a transient public
lodging establishment/vacation rental with the Florida Department of Business
and Professional Regulation: and
A cQpy of the vacation rental's current and active certificate of re�jon
with the Florida Department of Revenue for the purpose of collecting and
remitting sales taxes, transient rental taxes and any other taxes required by law
to be remitted, as applicable: and
M Proof of the establishment of an account with the Palm Beach Count, tax
collector for the payment of tourist development taxes or that payment is
arranged through a third party;
A copy of the vacation rental postings required by Sec. 78-893(fl below:
M A copy of a sample lease agreement: and
10 A completed vacation rental responsible party designation, in the format
prescribed by the town, which includes the information required by Sec. 78-
892 below: and
11 Proof that the vacation rental has satisfied the inspection requirements as
provided in Sec. 78-894 of this Code.
Pendina applications. An application for a vacation rental permit is deemed pending
when a complete application has been filed, all applicable fees have been paid to the
village pursuant to Sec. 78-891(h), and the application has not been rejected. A permit
application rejected as incomplete is not pending. Notwithstanding Sec. 78-890
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above, a person may allow another person to occupy residential propertyfor which a
permit has not been issued, as a vacation rental, when an application is pending if-.
(1) The residential property has an effective and valid license as a vacation
rental classification of public lode establishment issued by the Florida
Department of Business and Professional Regulations prior to August 18,
2015: and
(2) The residential property is not in violation of any section of this Code:
and
(3) An application for registration of the residential property as a vacation
rental has been filed pursuant to Sec. 78-891(a) above and all applicable
fees have been paid: and
(4) That said occupancy of the vacation rental was scheduled prior to
January 1, 2021, as evidenced by a written and validly executed rental
agreement or contract provided to the building department no later than
January 1, 2021.
Lcl Modification of permit. An application for modification of a vacation rental permit
shall be required in the event that any of the following changes to the vacation
rental are proposed:
An increase in the gross square foota
An increase in the number of bedrooms
An increase in the maximum occupancy:
An increase in the number of parking spaces, or a change in the location of
parking paces-
5� An increase in the number of bathrooms:
Any other material modifications that would increase the intensity of use-
LdA
Lel Renewal of permit. A vacation rental permit renewal shall be completed by October
1 of each year, through the execution of a renewal affidavit, in the format prescribed
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by the village, and the payment of the renewal fee as established by the villageA
property owner may apply for renewal of a vacation rental permit beginning July 1
prior to the expiration of the annual license, in conjunction with payment of the
local business tax.
Mf Incomplete permit application/renewal. If the permit application or renewal form
submitted pursuant to this article is incomplete, the applicant shall be informed of
such deficiency and shall have ten days to correct the deficiency.
W Non -transferability and non-assiLmability otaermit. Vacation rental permits issued
under this article are non-transferrable and non -assignable. If the ownership of any
vacation rental property is sold or otherwise transferred. ten the new owner is
required to apply for new permits.
f Permit application or renewal fees. The village charges reasonable administrative
fees to process a vacation rental permit application or renewal, the amount of which
shall be established by resolution of the village council. Fees are non-refundable.
W False or misleadinZ information. It shall be unlawful for any person to give false or
misleading information in connection with any application for, modification, or
renewal of a vacation rental permit as required by this article. Vacation rental
permit applications shall be sworn to under penalty of perjury. Any false statements
made in an application shall be a basis for the revocation of any permit issued
pursuant to such application.
Sec. 78-892. - Vacation rental responsible party,
Every permitted vacation rental under this article must designate a responsible party to
respond to routine inspections as well as non -routine complaints and any other problems
related to the operation of the vacation rental. The property owner may serve in this capacity or
shall otherwise designate another person 18 years or older to perform the following duties:
Lai Be available by telephone at the listed phone number 24 hours per day, seven days
per week and be capable of handling any issues relating to the operation of the
vacation rental;
bW If required, be willing and able to return to the vacation rental within 60 minutes
following notification from a vacation rental occupant, law enforcement officer.
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emergency personnel, or the village to address any issues relating to the operation
of the vacation rental:
Uci Maintain a record of all lease/rental agreements for the vacation rental, as well as a
record of all guests of the vacation rental. Both of these records shall be available
for inspection upon requ_est-
Ud Receive service of any legal notice on behalf of vacation rental owners or operators
for violation of the requirements set forth in this article: and
LeA Conduct an on -site inspection of the vacation rental at the end of each rental period
to ensure continued compliance with the requirements of this article.
Sec. 78-893. - Vacation rental standards.
No person or entity shall own or operate a vacation rental within the village unless such
vacation rental complies with the following standards:
Laj Minimum life/safety requirements:
Swimming pool, spa and hot tub safety. A swimming pool, spa or hot tub shall
comply with the current standards of the Residential Swimming Pool Safety
Act, as set forth in F.S. Ch. 515.
Smoke and carbon monoxide (CO) detection and notification system. A smoke
and carbon monoxide (CO) detection and notification system within the
vacation rental unit shall be interconnected, hard -wired, and receive primary
power from the building wiring. The smoke and carbon monoxide (COl
detection and notification system shall be installed and continually maintained
consistent with the requirements of Section R314, Smoke Alarms. and Section
R315, Carbon Monoxide Alarms, of the Florida Building Code —Residential.
tD Fire extinguisher. A portable, multi -purpose dry chemical 2A:IOB:C fire
extinguisher shall be installed. inspected and maintained in accordance with
NFPA 10 on each floor/level of the dwelling unit. The extinguisher(s) shall be
installed on the wall in an open common area or in an enclosed space with
appropriate markings visibly showing the location.
Local telephone service. At least one (1) landline telephone with the ability to
call 911 shall be available in the main level common area in the vacation rental.
Maximum occupancy:
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Each vacation rental dwelling unit shall comply with the occupancv limitations
set forth in the `Light, Ventilation, and Occupancy Limitations' referenced in
Appendix B of the Code of Ordinances, provided however that:
a. The maximum number of transient occupants authorized to stay
overnight at any vacation rental shall be limited to two (2) persons per
sleeping room. The number of sleeping rooms shall be confirmed by on -
site inspection by a representative of the villa
b. The maximum number of persons allowed to gather at or occupy
vacation rental shall not exceed one and one-half (1 '/z) times the
maximum occupants authorized to stay overnight at that site. as shown
on the vacation permit application, and in no event shall a - gathering
exceed twenty (20) persons.
Solid waste handling and containment. Solid waste and recycling collection services shall
be provided pursuant to Chapter 74, Article III of the Code of Ordinances. For purposes
of this section, a solid waste or recycling container shall not be placed at curbside before
6:00 p.m. of the day prior to solid waste pickup, and each solid waste or recycling
container shall be removed from curbside before midnight of the day of pickup.
Cdi Designation of responsible party. Each vacation rental owner or operator shall designate
a responsible party capable of meeting the duties provided in Sec. 78-892.
[e) Rental or lease agreement requirements:
There shall be a written or online lease, rental, tenant or other recorded
agreement memorializing each vacation rental tenancy between the owner/
operator or its responsible party and the occupant(s). The agreement shall, at a
minimum, contain the following information:
a. The maximum number of occupants for the unit as specified in
subsection (b) above:
b. The number of parking spaces associated with the vacation rental
property or dwelling unit, if applicable, and a sketch or photograph
showing the location of such spaces:
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c. The names and aces of all persons who will be occupying the property or
unit:
d. The dates of such occupancy: and
e. A statement that all occupants must evacuate from the vacation rental
following any evacuation order issued by local, state or federal
authorities.
Q The village reserves the right to request and receive a copy of any vacation
rental lease or rental agreement from the owner/operator or responsible party at
any time.
(D Vacation rental posting requirements.
The vacation rental shall be posted with the following information, either on the
back of or next to the main entrance door or on the refrigerator:
a. The name, address and telephone number of the vacation rental
responsible party:
b. The days and times of solid waste & recycling pick up and a notification
that all garbage or trash must be placed in a garbage or trash can or other
approved solid waste receptacle and that all recyclables must be placed in
approved recyclable containers:
c. The location of the nearest hospital: and
d. The location of designated parking spaces/areas, if applicable;
Q There shall also be posted, next to the interior door of each bedroom, a building
evacuation may (at least 81/2 inches by 11 inched.
W Other regulations. Vacation rentals must comply with all other regulations, standards and
requirements set forth in the villaye Code of Ordinances, including, but not limited to, the
requirements of Chapter 10 (Animals), Chapter 14 (Buildings and Building Regulations),
Chapter 30 (Environmental Control: Nuisances), Chapter 46 (Motor Vehicles and
Traffic), Chapter 54 (Offenses), and Chapter 78 Zoningt
Sec. 78-894. — Initial and subsequent compliance inspections of vacation rentals.
La) Initial inspection. An initial inspection of the vacation rental by authorized personnel of
the village, including but not necessarily limited to fire department, code enforcement
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department and building department personnel, for compliance with this article is
required prior to the issuance of a vacation rental permit. If violations are found, all
violations must be corrected, and the property or dwelling unit must be re -inspected prior
to issuance of the vacation rental permit as provided herein.
fW Subsequent inspections. Once issued, a vacation rental must be properly maintained in
accordance with the vacation rental standards herein and will be re -inspected annually.
For an inspection, all violations must be corrected and re -inspected within thirty (30)
calendar days. Failure to correct such inspection deficiencies in the timeframes
provided shall result in the suspension of the vacation rental permit until such time as
the violations are corrected and re -inspected.
LcA Inspection appointments. The inspections shall be made by appointment with the
vacation rental responsible party. If the inspector has made an appointment with the
responsible party to complete an inspection, and the responsible party fails to admit the
officer at the scheduled time, the owner shall be charged a "no show" fee in an amount
established by resolution of the village council to cover the inspection expense incurred
by the village.
tjA Notice of failure of inspections. If the inspector(s) is denied admittance by the vacation
rental responsible party or if the inspector fails in at least three (3) attempts to complete
an initial or subsequent inspection of the rental unit, the inspector(s) shall provide
notice of failure of inspection to the owner to the address shown on the existing
vacation rental application or permit.
W For an initial inspection, the notice of failure of inspection results in the
vacation rental permit not being issued: the vacation rental is not permitted to
operate without a valid permit.
M For a subsequent inspection, the notice of failure of inspection is considered a
violation and is subject to enforcement remedies as provided herein.
Sec. 78-895. — Prohibitions: evidence of unlawful vacation rental operation.
Ua It shall be unlawful for any person or entity to rent, lease, advertise or hold out for rent
any property or dwelling unit for vacation rental use without a vacation rental permit,
or pending application under Sec. 78-89 b .
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fbA Prima facie evidence of vacation rental uses of a property or dwelling unit shall
include:
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 and Food Service Establishments
Advertising, listing, or otherwise holding out a property or dwelling
unit for vacation rental use on the internet or other mass communication
medium;
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;
The use of an agent or other third person to make reservations or booking
arrangements.
Nothing set forth herein precludes the village from presenting other forms of
evidence of unlawful vacation rental use or operation.
Sec. 78-896. — Administration. violations. enforcement. and penalties.
Car Administration of vacation rental permits. The ultimate responsibility for the
administration of this article is vested in the village manager, or his or her authorized
designee, who is responsible for granting, revoking, renewing, suspending
and canceling vacation rental permits for proposed and existing vacation rentals as set
forth in this article.
fW Appeals. Any decision of the building department, villageger, or their designees,
relating to the rig, denial, renewal, modification, suspension, or revocation of a
vacation rental permit under this article shall be rendered in writing, and reviewed by
the village council if a notice of appeal is filed by the applicant with the village clerk
within fifteen (15) days after receipt of the written decision to be appealed. The village
shall place the matter on the agenda of an upcoming meeting of the village council, at
which the matter will be reviewed pursuant to Chapter 78, Article III. Village Code.
The decision of the village council shall be considered final administrative action by
the village.
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Uci Violations.
W Non-compliance with any provision of this article shall constitute a violation of
the village Code of Ordinances.
Q Separate violations. Each day a violation exists shall constitute a separate and
distinct violation.
LdJ Remedies and enforcement.
W Any violations of this article may be enforced pursuant to Sec. 1-14 of the
Code of Ordinances, or through the code enforcement process set forth in
Chapter 2, Article VI. of the Code of Ordinances.
Q Additional remedies. Nothing contained herein shall prevent the villa e from
seeking all other available remedies which may include, but not be limited to_
suspension or revocation of a vacation rental permit, injunctive relief. liens and
other civil and criminal penalties as provided by law_ as well as referral to
other enforcinagencies.
Secs. 78-897. 78-899. - Reserved.
Section 3: Each and every other Section and Subsection of Chapter 78. Zoning., shall
remain in full force and effect as previously adopted.
Section 4: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 5: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 6: Specific authority is hereby granted to codify this Ordinance.
Section 7: This Ordinance shall take effect immediately upon adoption.
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