HomeMy WebLinkAboutDocumentation_Planning and Zoning_Tab 05_3/20/2025 Agenda Item #5.
PlanningZoning and Board
a
STAFF MEMO
Meeting: Planning and Zoning Board - Mar 20 2025
Staff Contact: Wayne Cameron Department: Building
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PLANNING AND ZONING BOARD SITTING AS THE LOCAL PLANNING AGENCY: ORDINANCE
03-25: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA,
AMENDING CHAPTER 78. ZONING. ARTICLE XIV. VACATION RENTALS. AT SECTIONS 78-891
"VACATION RENTAL PERMIT APPLICATION"; AND SECTION 78-893 "VACATION RENTAL
STANDARDS"; IN ORDER TO ACCURATELY CONFORM THESE PROVISIONS TO BUILDING
AND FIRE PREVENTION CODES; 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.
SUMMARY_,-__j
The Building Department is seeking to update the Village's code related to vacation rentals to be
more consistent with the Florida Fire Prevention Code. The proposed Ordinance contains several
code updates to be more consistent with the Florida Fire Prevention Code.
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Ordinance 3-25
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Agenda Item #5.
ORDINANCE NO. 03-25
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. ARTICLE
XIV. VACATION RENTALS. AT SECTIONS 78-891 "VACATION
RENTAL PERMIT APPLICATION"; AND SECTION 78-893 "VACATION
RENTAL STANDARDS"; IN ORDER TO ACCURATELY CONFORM
THESE PROVISIONS TO BUILDING AND FIRE PREVENTION CODES;
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, the Village Council of the Village of Tequesta has previously
adopted regulations for the registration, inspection, and operation of vacation rentals
within the Village and has codified these regulations at Village Code Chapter 78, Article
XIV; and
WHEREAS, the upon the recommendation of the Building Official and the Village
Attorney, the Village Council desires to amend and update its vacation rental
regulations and align certain language in the Village's code with parallel language in the
Florida Building Code and Fire Prevention Code; and
WHEREAS, the Village Council of the Village of Tequesta has determined that
the adoption of these revisions to its vacation rental regulations will serve to promote
and protect the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article XIV. Vacation Rentals, to align certain language
in the Village's code with parallel language in the Florida Building Code and Fire
Prevention Code. Additions are denoted with double underline and deletions denoted
with s riko+hm,inh. Section 78-891 shall hereafter read as follows:
Sec. 78-891. -Vacation rental permit application.
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Agenda Item #5.
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 registration and inspection fees in amounts
established by resolution of the village council, which amounts may be amended from
time to time. A separate permit application form with separate registration and
inspection fees shall be required for each vacation rental unit.
(1) Permit application. A complete vacation rental permit application form shall include
the following:
a. Property card printout from the county property appraiser database;
b. Current transient public lodging establishment license issued by the state department
of business and professional regulation;
c. Current certificate of registration with the state department of revenue for remittance
of applicable state taxes;
d. Current county business tax receipt;
e. Total number of sleeping rooms at the vacation rental unit; maximum number of
guests that can stay overnight at the vacation rental unit at one time (maximum
occupancy is eight in four or more sleeping rooms);
f. Maximum number of individuals that may gather at or occupy vacation rental unit
property at one time (maximum number of individuals permissible is one and one-half
times the maximum occupants authorized to stay overnight at the vacation rental unit,
and in no case more than 12 individuals);
g. Homeowners or property owners association approval to operate the vacation rental
unit, if applicable;
h. Floorplan of the vacation rental unit which includes stairways, hallways, bedrooms,
exists, and which identifies all fire extinguisher locations;
i. Site survey which includes the residential unit, any swimming pools, hot tubs, spas,
and fencing;
j. A copy of a sample lease agreement;
k. A completed vacation rental responsible party designation, in the format prescribed
by the village, which includes the information required by section 78-892 below; and
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Agenda Item #5.
I. Proof that the vacation rental has satisfied the inspection requirements as provided
in section 78-894 of this Code.
(2) 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:
a. An increase in the gross square footage;
b. An increase in the number of bedrooms;
c. An increase in the maximum occupancy;
d. An increase in the number of parking spaces, or a change in the location of parking
spaces;
e. An increase in the number of bathrooms;
f. Any other material modifications that would increase the intensity of use or implicate
the Florida Buildina Code or Fire Prevention Code.
(3) Duration of permit. A vacation rental permit issued under this article shall expire
each September 30 and may be annually renewed thereafter if the property is in
compliance with this article.
(4) Renewal of permit. A vacation rental permit renewal shall be completed by
September 30 of each year, through the execution of a renewal affidavit and inspection
in the format prescribed by the village, and the payment of the renewal fee as
established by the village. A property owner may apply for renewal of a vacation rental
permit beginning July 1 prior to the expiration of the annual license.
(5) 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.
(6) Non-transferability and non-assignability of permit. 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, the new owner is required to
apply for new permits.
(7) 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.
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Agenda Item #5.
(8) False or misleading 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.
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article XIV. Vacation Rentals, to align certain language
in the Village's code with parallel language in the Florida Building Code and Fire
Prevention Code. Additions are denoted with double underline and deletions denoted
with s rikofhreW ,gh. Section 78-893 shall hereafter read as follows:
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:
(1) Minimum life/safety requirements.
a. 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.
b. Smoke and carbon monoxide (CO) detection and notification system. Each vacation
rental unit must be outfitted with an operational smoke and carbon monoxide (CO)
detection notification system. Every smoke and carbon monoxide (CO) detection
notification system must be hard-wired, ^r h�"o �oalo�J fon_"opr hptt�. A smoke
alarm shall be installed in each sleeping room. A carbon monoxide alarm shall be
installed outside each sleeping room and adjacent to the garage door. All smoke and
carbon monoxide alarms shall be interconnected.
c. Fire extinguisher. A portable, multi-purpose dry chemical 2A:10B: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.
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Agenda Item #5.
d. Local telephone service. At lo�c+ nna Landiono }olor�hnno With t1.1ho �hiF.0 I lif�1%..7i tn%.%.R r+�ll Q'I'I
. Either one
landline telephone with the ability to call 911, or one telephone with voice over internet
protocol (VOIP) with the ability to call 911 shall be available within the vacation rental.
e. Secondary means of escape. Every sleeping room and living area shall have a
secondary means of escape. It shall be a minimum of one doorway or one window
directly to the exterior. The window shall have a clear opening compliance with the
following:
1.Clear width shall be no less than 20 inches.
2.Clear height shall be no less than 24 inches.
3.Opening shall be no less than 5.7 square feet.
4.Opening shall be no more than 44 inches above the floor.
f. Battery Powered Ememencv Lighting, Each vacation rental dwelling unit shall provide
battery powered emergency exit liahtina.
a. Unit Address Requirements. Each vacation rental shall affix address numbering to
the buildina visible from the road with contrasting colors to the building All numbering
shall be a minimum of six (6) inches in height.
(2) Maximum occupancy.
a. Each vacation rental dwelling unit shall comply with the occupancy limitations set
forth in the "Light, Ventilation, and Occupancy Limitations" referenced in appendix B of
the Code of Ordinances, provided however that:
1. The maximum number of transient occupants authorized to stay overnight at any
vacation rental unit shall be limited to two persons per sleeping room, and a maximum
total occupancy of eight individuals in four or more sleeping rooms. The number of
sleeping rooms shall be confirmed by on-site inspection by a representative of the
village, and
2. The maximum number of persons allowed to gather at or occupy a vacation rental
shall not exceed one and one-half 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 twelve individuals.
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Page 46 of 48
Agenda Item #5.
(3) 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.
(4) Designation of responsible party. Each vacation rental owner or operator shall
designate a responsible party capable of meeting the duties provided in section 78-892.
(5) Rental or lease agreement requirements.
a. 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:
1.The maximum number of occupants for the unit as specified in subsection (2) above;
2.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;
3.The names and ages of all persons who will be occupying the property or unit;
4.The dates of such occupancy; and
5.A statement that all occupants must evacuate from the vacation rental following any
evacuation order issued by local, state or federal authorities.
b. 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.
(6) Vacation rental unit posting requirements.
a. The vacation rental unit shall be posted with the following information next to the
main entrance door:
1. The name, address and telephone number of the vacation rental responsible party;
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Page 47 of 48
Agenda Item #5.
b. There shall also be posted, next to the interior door of each bedroom, a building
evacuation map (at least 8 '/2 inches by 11 inches).
(7) Other regulations. Vacation rentals must comply with all other regulations, standards
and requirements set forth in the Village 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 (zoning).
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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