SHORT TERM VACATION RENTAL ADVISORY COMMITTEE (STVRAC)
Glenn Powell, District 1 (Chairman) Joel Molinari, Sr., District 3 Joe Paladin, District 2 (Vice Chairman) Alan Curtis, District 4 Angela Beckley Waldrop, Member at Large Glenn Heran, District 5 Dr. Robert DeWaters, Sr., Member at Large George Bryant, Alternate
The Short Term Vacation Rental Advisory Committee (STVRAC) will meet at 10:00 a.m. on Thursday, November 12, 2015 in the County Administration Complex, Building B, B1- 501, 1800 27th Street, Vero Beach.
AGENDA
1) Call to Order
2) Approval of Minutes of October 8, 2015 – Action Required
3) Old Business – Stan Boling, Community Development Director a. Update on Adopted Vacation Rental Parking Regulations
4) New Business – Stan Boling a. Vacation Rental Local Licensing and Tax Compliance – Action Required
5) Other Business– Joe Paladin, Vice Chairman a. Vacation Rental Parking in Mixed Use Projects
6) Announcement of Next Meeting
7) Adjournment
cc: Joe Baird, Administrator Bill DeBraal, Attorneys Office Roland DeBlois, Chief, Environmental & Code Enforcement Mike Zito, Assistant County Administrator Scott Johnson, Webmaster John M. King, Interested Party Stan Boling, Community Development Director Richard Marini, EMS John McCoy, Current Development Chief John Duran, EMS John King, EMS Director Tuck Ferrell, Interested Party Norma Kissner, Interested Party Colleen Rosenbaum, Interested Party Luanne Foti, Interested Party Alan Corbin, Interested Party Barry Segal, Esquire, Interested Party Daniel Lamson, Interested Party Herb Whittall, Interested Party Honey Minuse, Interested Party Tim McGarry, Interested Party Peggy Lyon, Interested Party Miles Conway, Interested Party Commissioner Wesley S. Davis Commissioner Peter O’Bryan Commissioner Bob Solari Carter Taylor, Interested Party Mitch Dudek, Interested Party Sandy Wright, Attorney’s Office Bronia Jenkins, Interested Party
Except for those matters specifically exempted under State Statute and Local Ordinance, the Committee shall provide an opportunity for public comment prior to the undertaking by the Committee of any action on the agenda. Public comment shall also be heard on any proposition which the Committee is to take action which was either not on the agenda or distributed to the public prior to the commencement of the meeting.
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence on which the appeal is based.
Anyone who needs a special accommodation for this meeting must contact the County's Americans with Disabilities Act (ADA) coordinator at 772-226-1223 at least 48 hours in advance of the meeting. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM
TO: Short Term Vacation Rental Advisory Committee --?3 FROM: Stan Boling, AICP; Community Development Director
DATE: November 5, 2015
SUBJECT: Updates: Vacation Rental Parking Ordinance & Vacation Rental Information Packet
This information is included in the meeting packet for the November 12, 2105 Short Term Vacation Rental Advisory Committee meeting.
At its meeting of October 13, 2015, the Board of County Commissioners adopted Ordinance 2015-014 (see attachment #1). That ordinance established the county's definition of "vacation rental" and established special parking regulations for vacation rentals. Those regulations limit the maximwn nwnber of automobiles that may be parked outside a carport or garage of a vacation rental unit to five automobiles. Also, the regulations require automobiles to be parked on an improved or stabilized driveway and not within a road right-of-way. The regulations were adopted without a provision for excess day time parking spaces.
After adoption of the vacation rental parking ordinance, staff produced a four page vacation rental information packet (see attachment #2). The packet was emailed to committee members and interested parties and is posted/linked on the county's website home page [www.ircgov.com]. The first two pages of the packet consist of a one page information sheet and a page of excerpts from the vacation rental parking ordinance (2015-014) and from the ordinance prohibiting commercial events at single-family residences (2015-013). The last two pages of the packet consist of state guidelines and requirements for vacation rentals produced by the Florida Department of Business & Professional Regulation (DBPR).
This is an informational item. No committee action is required.
ATTACHMENTS
1. IRC Vacation Rental Parking Ordinance (2015-014) 2. IRC Vacation Rental Information Packet (November 2015) INDIAN RIVER COUNTY, FLORIDA MEMORANDUM
TO: Short Term Vacation Rental Advisory Committee .db FROM: Stan Boling, AICP; Community Development Director
DATE: November 4, 2015
SUBJECT: Vacation Rental Local Licensing and Tax Compliance
It is requested that the data herein presented be given formal consideration by the Short Term Vacation Rental Advisory Committee at its regular meeting ofNovember 12, 2015.
BACKGROUND
At its meeting of October 8, 2015, the Short Term Vacation Rental Advisory Committee voted 4-0 to discuss local licensing and tax compliance at its November 12, 2015 meeting. In response, staff prepared this report and recommendation regarding local licensing and tax compliance. After the committee's consideration, along with any direction provided by the committee, staff will draft vacation rental local licensing regulations for future review by the committee.
The committee is now to consider staff's analysis and recommendation on local licensing and tax compliance, consider input from committee members and meeting participants, and provide direction to staff.
ANALYSIS
As stated in previous staff reports, there are advantages to requiring a local licensing requirement for vacation rental units located in the unincorporated county. Those advantages include establishing a mechanism to manage compliance with state and local requirements (state license, business tax receipt, local registration for tourist tax), establishing manager contact information for each licensed unit, and establishing a locally-enforceable requirement to have all vacation rental units properly licensed. Staff's approach is to focus on those advantages with straight-forward local licensing requirements.
Staff has reviewed a number oflocal government regulations such as Monroe County's that, among other items, requires a local license for vacation rentals. In addition, staff has reviewed regulations recommended by The Moorings of Vero Property Owners Association committee on vacation rentals which also include a number of items including a recommendation to require a local license. Please refer to attachments 1 and 2.
In order to focus on the advantages previously noted, it is staff's opinion that a local vacation rental license requirement be established by county ordinance and that the license review and approval process be managed by the Community Development Department. The license requirement would apply to each vacation rental unit in the unincorporated county. Staff's position is that the following licensing requirements and parameters be incorporated into a county ordinance:
1. An annual license for each vacation rental unit, renewable each year, transferable to a new owner upon submission of updated information and assumption of any permit obligations and conditions. 2. License application submittal requirements:
A Rental unit manager contact information ( cell phone number, email address, mailing address); changes in the manager and/or contact information must be provided to Community Development expeditiously.
B. Documentation that the applicant has obtained the following:
(1) State license for vacation rental unit (2) Local business tax receipt from Tax Collector (3) Local tourist tax account from Clerk of the Circuit Court
C. Parking compliance information: number of garage and/or carport spaces, number ofrental unit bedrooms, maximum number of automobiles allowed outside of garage/carport, location of spaces accommodated on improved or stabilized driveway.
D. Acknowledgment from rental unit owner and manager of the following county requirements for vacation rentals.
(1) Prohibition on commercial events at residence (e.g. weddings) (2) Special parking regulations (3) Sea turtle protection regulations (for rental units located east of SR A-1-A) (4) Noise regulations: existing Chapter 974 decibel level limitations and "no disturbance" hours from 10 pm to 6 am (5) Limitations on dock/boat use: (for waterfront rental units): no more than 2 boats moored per dock, dock used by unit owner or renter only, no live-aboard use; (all rental units): no more than 2 boats stored or parked per unit. (6) Fire safety requirements, well and septic requirements, occupancy limitations (IF ANY; recommendations to be determined in future committee meeting) (7) Fines and citation penalties for violations (recommendations to be determined at future committee meeting)
E. Documentation ( e.g. photo) of information posted inside the rental unit for the following:
( 1) Manager contact information (2) Maximum number ofparked automobiles and boats, and approved parking location (3) Trash and recycling pick-up days and protocol for placing and retrieving/storing containers (4) Noise regulations: "no disturbance" hours 10 pm - 6 am (5) Fire safety, well and septic, occupancy items (IF ANY, recommendations to be determined at future committee meeting) (6) Walk-in clinic, emergency room information (7) Sea turtle protection information (for rental units located east of SR A-1-A)
In staffs opinion, the preceding list adequately covers coordination with the state and local tax authorities, provides for rental unit manager contact information useful to Code Enforcement in resolving complaints and potential violations, and addresses common nuisance and "good neighbor" items for rental unit owners, managers, and renters. It is also staffs opinion that noise, nuisance, and potential boat-related
F:\Community Development\Short Tenn Vacation Rentals\11-12-2015 (LocalLicensingandTaxCompliance).docx 2 issues are adequately addressed in the list by reference to existing county regulations for those items (see attachments 3 and 4).
RECOMMENDATION
Staff recommends that the committee consider the local licensing requirements and parameters list provided in this report, and provide staff with direction on specific requirements for incorporation into a draft ordinance to be considered by the committee at a later date.
ATTACHMENTS
1. Monroe County Vacation Rental Ordinance and License Application Materials 2. Submittal & Recommendations from The Moorings Committee on Vacation Rentals 3. Excerpts from Existing Chapter 974 Noise Regulations 4. Excerpts from Existing Boat-related Regulations 5. Excerpts from Polk County Vacation Rental Guide
F:\Community Development\Short Term Vacation Rentals\11-12-2015 (LocalLicensingandTaxCompliance).docx 3 Sec. 134-1. - Vacation rental uses.
Special vacation rental permit. (a) An owner or agent is required to obtain an annual special vacation rental permit for each dwelling unit prior to renting any dwelling unit as a vacation rental, as defined in section 101-1, except as provided for under subsection (b) of this section. A special vacation rental permit is nontransferable between owners. A change of ownership of the vacation rental unit shall require the new owner or his agent to obtain a new vacation rental permit for the residential dwelling unit.
Exemptions. (b) A vacation rental permit is not required for the following:
(1) A vacation rental of a dwelling unit located within a controlled access, gated community with a homeowners or property owner's association that expressly regulates or manages vacation rental uses; or (2) A vacation rental of a dwelling unit within a multifamily building located within a multifamily district, which has 24 hour on-site management or 24 hour on-site supervision that has received an exemption from the planning director. To meet these site management or supervision requirements, a designated individual must be physically located within the building or within 300 feet of the subject building and must be available at all times to respond to tenants' and neighbors' complaints. To obtain an exemption under the provisions of this section, the owner or agent must submit an application to the planning department in a form prescribed by the planning director.
Vacation rental manager license. (c) A vacation rental manager license is required from the county planning department for an individual to be a vacation rental manager under the provisions of this section. The vacation rental manager shall be: (1) The designated contact for responding to complaints made by neighbors against vacation rental tenants; and (2) Responsible for maintaining the guest register, leases, and official complaint response records for a vacation rental unit as required by this section.
Permit, license and fees. (d)
(1) Special vacation rental permits will be issued by the planning director, or designee, upon payment of a nonrefundable fee and submittal of a complete application in a form prescribed by the planning director in accordance with subsection (f) of this section. (2) Vacation rental manager licenses will be issued by the planning director, or designee, upon payment of a nonrefundable fee and submittal of a complete application to the planning department in a form prescribed by the planning director. (3) The annual fees for the special vacation rental permit and vacation rental manager license shall be established by resolution of the board of county commissioners. (4) A decision to approve or deny a special vacation rental permit may be appealed to the planning commission within 30 days pursuant to section 102-185
Regulations. (e) Alf special vacation rental units, requiring a special vacation rental permit shall comply with the following regulations at all times: (1) No more than one motorized watercraft, including a jet ski or wave runner, shall be allowed at each vacation rental unit. The watercraft may be moored at either an existing on-site docking facility or stored on a trailer in an approved parking space. (2) Vehicles, watercraft and trailers shall not be placed on the street or in yards. All vehicles, watercraft and boat trailers must be parked or stored off-street in parking spaces specifically
Page 1 ATTACHMENT 1 designated and approved in the special vacation rental permit. One vehicle parking space shall be required per bedroom or efficiency unit and one boat trailer space per vacation rental unit. (3) No boat docked at a vacation rental property shall be chartered to a person other than registered guests of the vacation rental unit or used for live-aboards, sleeping or overnight accommodations. ln addition, recreation vehicles shall not be used for sleeping or overnight accommodations at the vacation rental unit. (4) Occupants shall be prohibited from making excessive or boisterous noise in or about any residential dwelling unit at all times. Noise, that is audible beyond the boundaries of the residential dwelling unit, shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m. weekdays and 11 :00 p.m. and 9:00 a.m. on weekends. (5) All trash and debris on the vacation rental property must be kept in covered trash containers. Each vacation rental unit must be equipped with at least four covered trash containers for such purpose. Owners must post, and occupants must comply with, all trash and recycling schedules and requirements applicable to the vacation rental unit. Trash containers must not be placed by the street for pick-up until 6:00 p.m. the night before pick-up and must be removed from the area by the street by 6:00 p.m. the next day. (6) A tenant's agreement to the forgoing rules and regulations must be made a part of each and every lease under F.S. § 509.01 for any vacation rental unit subject to the provisions of this section. These vacation rental regulations governing tenant conduct and use of the vacation rental unit shall be prominently posted within each dwelling unit subject to the provisions of this section along with the warning that violations of any of the vacation rental regulations constitutes a violation of this Code subject to fines or punishable as a second degree misdemeanor and is also grounds for immediate termination of the lease and eviction from the leased premises and criminal penalties under F.S. § 509.151 ("defrauding an innkeeper"), F.S. § 509.141 ("ejection of undesirable guests"), F.S. § 509.142 ("conduct on premises) or F.S. § 509.143 ("disorderly conduct on premises, arrest"). (7) The owner or agent shall require a lease to be executed with each vacation rental use of the property and maintain a guest and vehicle register listing all vacation rental occupants' names, home addresses, telephone numbers, vehicle license plate and watercraft registration numbers. Each lease and this register shall be kept by the vacation rental manager and available for inspection by county code enforcement personnel during business hours. (8) Vacation rental units must be registered, licensed and meet all applicable state requirements contained in F.S. ch. 212 (Florida Tax and Revenue Act) and F.S. ch . 509 (Public Lodging Establishments) as implemented by the Florida Administrative Code, as may be amended. (9) The vacation rental use must comply with all State of Florida Department of Health and State of Florida Department of Environmental Protection standards for wastewater treatment and disposal. (10) All vacation rental units shall have a vacation rental manager, who has been issued a vacation rental manager license by the planning department as provided for in subsection (h) of this section. The vacation rental manager shall reside within and be licensed for that section of the county (Upper, Middle, and Lower Keys) where the vacation rental unit is located and be ava ilable 24 hours per day, seven days a week for the purpose of promptly responding to complaints regarding conduct or behavior of vacation rental occupants or alleged violations of this section. Any change in the vacation rental manager shall require written notification to the planning department and notification by certified return mail to property owners within 300 feet of the subject dwelling. (11) Complaints to the vacation rental manager concerning violations by occupants of vacation rental units to this section shall be responded to within one hour. The neighbor who made the complaint shall be contacted by telephone or in person and informed as to the results of the actions taken by the manager. A record shall be kept of the complaint and the manager's response for a period
Page 2 ATIACHM·ENT i of at least three months after the incident, which shall be available for inspection by the county code enforcement department during business hours. (12) The name, address, and telephone number of the vacation rental manager, the telephone number of county code enforcement department and the number of the special vacation rental permit shall be posted and visible from the front property line of the vacation rental unit. (13) The tenants' agreement with the rules of conduct shall be posted in a conspicuous location in each vacation rental unit.
Special vacation rental permit application. (f)A complete special vacation rental permit application shall include the following: (1) The complete legal description, street address, RE number and location of the vacation rental unit; (2) Proof of ownership and the name, address and telephone number of each and every person or entity with an ownership interest in the dwelling unit; (3) An approved Florida State Department of Health or Florida State Department of Environmental Protection inspection or certification of the adequacy of the sewage disposal system for use as a vacation rental unit; (4) The gross square footage of the dwelling unit, location and number of rooms, bedrooms, bathrooms, kitchens, apartments, parking spaces and any other information required to determine compliance with vacation rental requirements and compliance with this chapter; (5) A valid and current Florida Department of Revenue sales tax identification number under F.S. ch. 212 (Florida Tax and Revenue Act) and a valid and current permit, license or approval under F.S. ch. 509 (public lodging establishments); (6) The name, address, and telephone number of the vacation rental manager, including the vacation rental manager's license number; (7) The applicant shall sign a written statement granting authorization to county code enforcement department to inspect the premises of the vacation rental unit prior to the issuance of the special vacation rental permit and at any other time after issuance of such permit, concerning compliance with the county land development regulations; (8) The application shall bear the signature of all owners, all authorized agents and authorized managers of the owners; and (9) Any additional information required to determine compliance with the provisions of this section.
Notification to adjacent neighbors and permit, approval, issuance and appeal. (g)
(1) The applicant or agent shall send a "Notice of Vacation Rental Use Application" by certified return mail to all property owners located within 300 feet of the dwelling unit which is the subject of the special vacation rental permit application, not less than 30 days prior to the date of approval of the application. The notice of application shall be in a form prescribed by the planning director or his designee and shall clearly state the name, address and day/evening telephone numbers of each and every vacation rental manager, agent, caretaker and owner of the dwelling unit; the number of the county code enforcement department; and a copy of the tenants agreement. Notice to the adjacent property owners must include the following statement "You have the right to appeal a decision to approve or deny this special vacation rental permit to the planning commission within 30 days under section 102-185. You may have other rights that the county cannot enforce. Review of a special vacation rental permit application by the county will consider the existence of valid private deed restrictions, restrictive covenants or other restrictions of record that may prohibit the use of the dwelling unit for vacation rental purposes. You may wish to consult an attorney concerning these private rights."
Page 3 AffACHMENT l (2) The applicant or agent shall provide proof to the planning department of submitting the "Notice of Vacation Rental Use Application." The special vacation rental permit shall not be issued until proof of this notification is provided and the special vacation rental permit has been approved by the planning director after completion of an on-site inspection of the subject dwelling unit by the code enforcement department. When approved by the planning director, the special vacation rental permit shall not be issued until 30 days after the notices of application were sent to all property owners located within 300 feet of the dwelling unit that is the subject of the permit.
Fines or revocation of special vacation rental use permit. (h) A special vacation rental permit shall be revoked by the planning commission and/or fines levied by the code enforcement special magistrate or a court of competent jurisdiction after a finding of a violation by the permit holder of this section, the special vacation rental permit or permit conditions or any material misrepresentation on the permit application, after the owner is given notice and a hearing is held by the planning commission, code enforcement special magistrate or a court of competent jurisdiction.
Duration and renewal of special vacation rental use permit. (i) Special vacation rental use permits shall expire one year after the date of their issuance, unless renewed within 30 days of their expiration date. Renewal of a special vacation use permit requires the owner or agent to submit an application in a form prescribed by the planning director to the planning department and payment of a nonrefundable fee, including proof of a current license and registration under F.S. ch. 509 and F.S. ch. 212.
Vacation rental manager license application, issuance, renewal, fines, and revocation. (j)
{1) An individual shall submit an application for a vacation rental manager license in a form prescribed by the planning director accompanied with a payment of a nonrefundable fee. The license shall be issued for a period of one year and renewable annually. The license shall be for only one specific section of the county (Upper, Middle, or Lower Keys) and no individual shall apply for or be issued more than one vacation rental manager license at a time. (2) After notice is given to the vacation rental manager and a public hearing is held, a vacation rental manager license shall be revoked by the planning commission and/or fines levied by the code enforcement special magistrate or court of competent jurisdiction upon a finding of: a total of two or more no responses to complaints registered by the public concerning tenants not following the terms of the tenants agreement, during any single year of the vacation rental manager's license: or two or more violations of this section which are pertinent to the duties and responsibilities of a vacation rental manager. A vacation rental manager license shall be revoked if the license holder is found in violation of any of the regulations in subsections (k)(1) -(k)(3) of this sectio n. (3) An individual who has had his license revoked shall not be eligible to resubmit an application for obtaining a new vacation rental manager license until two years after the date of revocation of his license.
Prohibitions, enforcement, and penalties. (k)
(1) It shall be unlawful for any landlord, tenant, agent or other representative of a landowner to rent, lease, advertise or hold out for rent any dwelling unit for vacation rental use in any district where a vacation rental use is prohibited, except as otherwise exempted under this section. (2) It shall be unlawful for any landlord, tenant, agent or other representative of a landlord to rent, lease, advertise or hold out for rent any dwelling unit for a vacation rental use without a special vacation rental permit, except as otherwise exempted under this section. (3) After the effective date of the ordinance from which this section is derived, leases, subleases, assignments or any other occupancy agreements, for compensation for less than 28 days in duration: a. Shall not be entered into or renewed once they have expired or have terminated in any district in which tourist housing use is prohibited or in any district in which a vacation rental
Page 4 ATTACHMENT 1 use is allowed unless a special vacation rental permit, building permit, inspection and certificate of occupancy for the vacation rental use (or for the conversion of an existing dwelling unit to vacation rental use) are first obtained; and b. Any pre-existing vacation rental uses shall not be considered a lawful nonconforming use under section 102-56 and must be discontinued in any land use districts that prohibit vacation rental uses no later than 30 days after the effective date of the ordinance from which this section is derived. Except that a vacation rental use that was established, and had obtained all of the required state and local permits and licenses, prior to September 15, 1986, or under any Code provisions that expressly allowed vacation retail uses, may remain pursuant to section 102-56 (4) Section 8-36 shall not bar code enforcement for new vacation rental violations occurring after the effective date of the ordinance from which this section is derived. (5) Prima facie evidence of vacation rental uses of a dwelling unit shall include: a. Registration or licensing for short-term rental or transient rental use by the state under F.S. chs. 212 (Florida Tax and Revenue Act) and 509 (public lodging establishments); b. Advertising or holding out a dwelling unit for vacation rental use; c. 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 d. The use of an agent or other third person to make reservations or booking arrangements. (6} A violation of any of the regulations in subsections (k)(1 )-(k)(3) of this section shall be punishable as a second degree misdemeanor and by a fine of up to $500.00 per day, per unit, per violation. The code enforcement department may also enforce the terms of this section by bringing a case before the special magistrate pursuant to section 8-37, or by citation under section 8-35, F.S. § 162.21 (as may be amended}, or 76-435, Laws of Florida (as may be amended). If a code enforcement citation is issued, the fine shall be $250.00 for the first offense and $500.00 for each subsequent offense. (7) In addition to any other remedies available to the county (including code enforcement pursuant to F.S. ch. 162). The county or any or other adversely affected party may enforce the terms of this section in law or equity. Any citizen of the county may seek injunctive relief in a court of competent jurisdiction to prevent a violation of this section or to revoke a special vacation rental permit or vacation rental manager license, as set forth in this section. Attorney's fees and costs incurred in an action to enforce these regulations concerning vacation rental uses may be awarded to a substantially prevailing party at the discretion of the court.
(Code 1979, § 9.5-534; Ord. No. 4-1997, § 22; Ord. No. 030-1999, §§ 1, 2; Ord. No. 44-2000, § 4)
Page 5 County of Monroe fill'• I ii1 r1!1ir: :{t,t< •. Code Compliance Department 'l.•ac1H,Jn: ::-u~nl.~11 h·!tj!r,•,m Division of Growth v·acat-.on Management RENT.AI.
Mo~t Co~ - Th! fl.o~~ l<'.t!15 http://www.monroecounty-fl.gov/ R.::.::;; r,,::i,~,sibiiitits The puf1Jose ofthe Code Compliance Upper Keys 305.453.8806 Department is to promote, protect, and Middle Keys 305.289.2810 Improve the health, safety, and welfare of the citizens of Monroe County and the Lower Keys 305.292.4495 environment by providing equitable, expeditious, and effective enforcement of all County Codes while establishing a working Filing a Complaint? partnership with Monroe County Follow the link to our online romp)aint fonn neighborhoods. 2798 Overseas Hwy ht!p· /(www.monroecount;Y: Suite 330 ~i1<,;ion Statement O.=nr{fQnns,aspx?fid=74 Marathon, FL 33050 The mission of the Code Compliance Department is to enhance and sustain the lbl'mmallon-we,mynood: Phone: 305.289.2810 Fax: 305.289.2858 quality oflife of citizens and the YoumayremalnlUlonylrulUS environme nt through effective, expeditious, www.monroecounty-fl.gov and equitable enforcement and compliance PllyslcalAddl'essorParcel Nwuber with building, zoning, land development,
OwnerN.-DflheProperty environmental, and other codes and ordinances that protect public health, life, !i Wben4ldrenten;aniveand{ardepart? safety, welfare, and natural resources.
Hawaftenarot'ffll ~ Information to know before you open your doors as a Vacation Rental work',£""0 To0ctner tci ,~~.:prwe Specuzl rar.utwn Rental .Permit 01,(,Y U.\lt:S. lnJormation You ,r.n, obt11u, tile rnformatwn to apply fu, a Vacation Rentals mizy be allowed in the Spe~1al Vizcatron Rental P ermit by , a/ling thf following Land Use Districts and require a Plunnmt [Npartmen, ut 305 289.2500 or auess111g the r;ounfl-w~but,~ Special Vacation Rental Permit: fittp hi,i~~ount.,-ll.KSEt. SR (Suburban Residential) Ht!lpfulHmtt MU (Mixed Use) Overview of Vacation UR (Urban Residential) .-411 OwnP.1 ,,, ,tg.,_,,t ,_. requi1,id to obtain an IS-V (Improved Subdivision Vacation Rental) Rental Codes annlllll ,pec:ral varui1,,n renta{ pe1 m1t 101 OS (Offshore Islands) ,·acJ, dt,,el/ing unit p1,r..1 to 1 ,mhng wut m u Does your zoning and/or land use district \ •aCatlOn ,~ta/ allow vacation rentals? Vacation Rentals are not allowed In the If your home is located in an Improved following Land Use Districts: A ,a..ahon reniul p,u m1t i; not , <1qu11 t d 1/ o1 Subdivision (IS) or Urba n Residential Mobile JS (Improved Subdivision) Home (URM) land 115e district: ~a<4tlC'I' rental of a dweilil'{! unit to,·,,~d It is unlawful to rent or use a home as a short URM (Urban Residential Mobile Home) w1th•.n o1 co niwlka aue,:, gatP.d ,ommu,.,t,, term (less than 28 days) rental. IS-M {Improved Subdivision Masonry) w,th a hcm.eowne, ·,, '-'' p1op.1,1• Oll•ne, ., .2.s~oc.1ation thill upn:ssly , .,gu/att!-1 or Does your advertising comply with the IT'anag,,r ,11UJt1011 1ental uu county codes? CltLL lJEFrJRE·YOU RENI' y~,,r homi?. All advertising should reflect 28 day Puott' 1of¥. Jj •ou, d',.....,,,.,,. ,~ ,.,. e, •,;irtcd c.OMMtm•ll. ,t minimum stay requirement and monthly do;;~ Mt...... ,,. llwt !-0'4 ru Request for a Special Vacation Rental Permit (Initial) Vacation Rental Application Fee: $493.00 This application andfee is for initial applications only, not renewals. Vacation rental means a dwelling unit that is rented, leased or assigned for tenancies of less than 28 days duration. An owner or agent is required to obtain an annual special vacation rental permit for each dwelling unit prior to renting any dwelling unit as a vacation rental except as· provided for under Monroe County Code. A special vacation rental permit is nontransferable between owners. A change of ownership of the vacation rental unit shall require the new owner or his agent to obtain a new vacation rental permit for the residential dwelling unit. Date of Submittal: ___/ ___/ ___ Month Day Year Applicant/Property Owner: Property Owner (Name/Entity) Contact Person (IfDifferent Than Property Owner) Mailing Address (Street, City, State and Zip Code) Daytime Phone Email Address Vacation Rental Manager: Vacation Rental Manager Name Address (Street, City, State and Zip Code) Daytime Phone Email Address Page 1 of4 1,1 1-1, q•,11 , ... 1 111-4 ATTACHM·ENT 1 \Pl'I I 111 ):"\ Legal Description of Property: (If in metes and bounds, attach legal description on separate sheet) Block Lot Subdivision Key (Island) Real Estate (RE) Number Street Address {Street, City, State and Zip Code) Current Land Use District Designation: ______ Vacation rentals may only be permitted in the following Land Use Districts: Urban Residential (UR), Suburban Residential (SR), Suburban Residential-Limited (SR-L), Improved Subdivision-Vacation Rental (IS-V), Destination Resort (DR), Commercial Fishing Special District 16 (CFSD-16), Mixed Use (MU) & Maritime Industries (MI) Vacation rental use of non-conforming dwelling units that are not deed restricted as affordable housing, employee housing or commercial apartments may be permitted in the following Land Use Districts: Urban Commercial (UC) & Suburban Commercial (SC) Vacation rental use of a dwelling unit in existence as of January 1, 2000 may be permitted in the following Land Use District: Offshore Island (OS) All of the following must be submitted in order to have a complete application submittal: (Please check as you attach each required item to the application) • Complete vacation rental application (unaltered and unbound) • Correct fee (check or money order to Monroe County Planning & Environmental Resources) • Current Property Record Card(s) from the Monroe County Property Appraiser • Proof of ownership (i.e. Warranty Deed) • Photograph of dwelling unit from adjacent roadway • Floor plan of dwelling unit (showing square footage, building layout and types ofrooms) • Site Plan (including all property lines, structures, drives and parking spaces) • Current and valid Monroe County Business Tax Current and valid Florida Department of Revenue Certificate of Registration (issued pursuant to • Chapter 212, Florida Statutes) Current and valid Florida Department of Business and Professional Regulation license (issued • pursuant to Chapter 509, Florida Statutes) • Current and valid federal tax identification number Approved Florida Department of Health or Florida Department of Environmental Protection • inspection or certification of the adequacy of the sewage disposal system for use as a vacation rental • Current and valid Special Vacation Rental Manager License ( or copy of application for license) • Copy of completed "Tenants Agreement" (please see attachment) • Copy of completed "Notice of Vacation Rental Use" (please see attachment) Page 2 of4 l..1 t Ml'\ j., d 11: :?Ul-1 ATTACHM·ENT 1 \J'r11 ,H \ I H );'\ D Proof that the completed "Notice of Vacation Rental Use" and "Tenants Agreement" were sent by certified return mail to all property owners located within 300 feet of the property on which the dwelling unit is situated, not less than 30 days prior to the date of approval of the application (this list should be compiled from the current tax rolls of the Monroe County Property Appraiser. In the event that a condominium development is within the 300 foot radius, each unit owner must be included) D An approved inspection report from the Office of the Fire Marshal verifying compliance with NFPA Life Safety Code 101 If applicable, the following must be submitted in order to have a complete application submittal: D Notarized Agent Authorization Letter (note: authorization is needed from all owner(s) of the subject property) If deemed necessary, the Planning & Environmental Resources Department reserves the right to request additional information. Page 3 of4 I It, l II.:; ~111~ AnACHNfNT l \Pl'l I( \ 110'\" I certify that all provisions and regulations set forth in Monroe County Code, Vacation rental uses, shall be met. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge such information is true, complete and accurate. I grant the Monroe County Code Compliance Department the right to inspect the premises of the vacation rental unit prior to the issuance of the special vacation rental permit and at any other time after issuance of the permit to determine compliance with the county land development regulations. This application shaU bear the signature of all owner(s) and all authorized manager(s) of the owner(s). If necessary, please attached additional sheets with notarized signatures of all other authorize property owners and/or vacation rental managers: Property Owner Signature: Date: ______ Printed Name of Owner: Sworn before me this ___ day of______ Notary Public My Commission Expires Vacation Rental Manager Signature: ______Date: ______ Printed Name of Manager: Sworn before me this ___ day of ______ Notary Public My Commission Expires Please deliver or mail the complete application package to the Monroe County Planning & Environmental Resources Department, Marathon Government Center, 2798 Overseas Highway, Suite 400, Marathon, FL 33050. Page 4 of4 AnACHM·ENT 1 I .1~1 H 'i n cl u.; !II I 1 \ 11CI· DI\\ \ 'IJO kl l \J t SI• MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT NOTICE OF VACATION RENTAL USE APPLICATION The following information is regarding a special vacation rental permit application for the following property. You have the right to appeal a decision to approve or deny this special vacation rental permit to the planning commission within 30 days under Monroe County Code. You may have other rights that Monroe County cannot enforce. Review of a special vacation rental permit application by Monroe County will consider the existence of valid private deed restrictions, restrictive covenants or other restrictions of record which may prohibit the use of the dwelling unit for vacation rental purposes. You may wish to consult an attorney concerning these private rights. The Monroe County Planning Department may be contacted at (305)289-2500 and the Monroe County Code Compliance Department may be contacted at: Lower Keys office (305)292-4495, Middle Keys office (305)289- 2810 and Upper Keys office (305)453-8806. Legal Description of Property: (If in metes and bounds, attach legal description on separate sheet) Block Lot Subdivision Key Real Estate (RE) Number Street Address (Street, City, State and Zip Code) Applicant/Property Owner: Property Owner (Name/Entity) Contact Person (If Different Than Property Owner) Mailing Address (Street, City, State and Zip Code) Daytime Phone/Evening Phone Email Address Vacation Rental Manager: Vacation Rental Manager Name Address (Street, City, State and Zip Code) Daytime Phone/Evening Phone Email Address If necessary, please attach additional sheets with names of any other vacation rental managers, agents, caretakers and/or owners ofthe dwelling unit. Page 1 of 1 ATTACHMENT 1 IC .\"\f''-t\CJHT\(J' ·1 SPECIAL VACATION RENTAL PERMIT REGULATIONS AND CONDITIONS TENANT'S AGREEMENT Legal Description of Property: (If in metes and bounds, attach legal description on separate sheet) Block Lot Subdivision Key Real Estate (RE) Number Street Address (Street, City, State and Zip Code) 1) No more than one motorized watercraft, including a jet ski or wave runner, shall be allowed at each vacation rental unit. The watercraft may be moored at either an existing on-site docking facility or stored on a trailer in an approved parking space. 2) Vehicles, watercraft and trailers shall not be placed on the street or in yards. All vehicles, watercraft and boat trailers must be parked or stored off-street in parking spaces specifically designated and approved in the special vacation rental permit. One vehicle parking space shall be required per bedroom or efficiency unit and one boat trailer space per vacation rental unit. 3) No boat docked at a vacation rental property shall be chartered to a person other than registered guests of the vacation rental unit or used for live-aboards, sleeping or overnight accommodations. In addition, recreation vehicles shall not be used for sleeping or overnight accommodations at the vacation rental unit. 4) Occupants shall be prohibited from making excessive or boisterous noise in or about any residential dwelling unit at all times. Noise, that is audible beyond the boundaries of the residential dwelling W1it, shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m. weekdays and 11:00 p.m. and 9:00 a.m. on weekends. 5) All trash and debris on the vacation rental property must be kept in covered trash containers. Each vacation rental unit must be equipped with at least four covered trash containers for such purpose. Owners must post, and occupants must comply with, all trash and recycling schedules and requirements applicable to the vacation rental unit. Trash containers must not be placed by the street for pick-up until 6:00 p.m. the night before pick-up and must be removed from the area by the street by 6:00 p.m. the next day. 6) A tenant's agreement to the forgoing rules and regulations must be made a part of each and every lease under F.S. § 509.01 for any vacation rental unit subject to the provisions of this section. These vacation rental regulations governing tenant conduct and use of the vacation rental unit shall be prominently posted within each dwelling unit subject to the provisions ofthis section along with the warning that violations of any of the vacation rental regulations constitutes a violation of this Code subject to fines or punishable as a second degree misdemeanor and is also grounds for immediate termination of the lease and eviction from the leased premises and criminal penalties under F.S. § 509.151 ("defrauding an innkeeper"), F.S. § 509.141 ("ejection of undesirable guests"), F.S. § 509.142 ("conduct on premises) or F.S. § 509.143 ("disorderly conduct on 11 premises, arrest ). 7) The owner or agent shall require a lease to be executed with each vacation rental use of the property and maintain a guest and vehicle register listing all vacation rental occupants' names, home addresses, telephone numbers, vehicle license plate and watercraft registration numbers. Each lease and this register shall be kept by the vacation rental manager and available for inspection by county code enforcement personnel during business hours. ATIACHM·ENT 1 11 :\\: 'I' :).\, H ~I• II 8) Vacation rental units must be registered, licensed and meet all applicable state requirements contained in F.S. ch. 212 (Florida Tax and Revenue Act) and F.S. ch. 509 (Public Lodging Establishments) as implemented by the Florida Administrative Code, as may be amended. 9) The vacation rental use must comply with all State of Florida Department of Health and State of Florida Department of Environmental Protection standards for wastewater treatment and disposal. l 0) All vacation rental units shall have a vacation rental manager, who has been issued a vacation rental manager license by the planning department. The vacation rental manager shall reside within and be licensed for that section of the county (Upper, Middle, and Lower Keys) where the vacation rental unit is located and be available 24 hours per day, seven days a week for the purpose of promptly responding to complaints regarding conduct or behavior of vacation rental occupants or alleged violations of this section. Any change in the vacation rental manager shall require written notification to the planning department and notification by certified return mail to property owners within 300 feet of the subject dwelling. 11) Complaints to the vacation rental manager concerning violations by occupants of vacation rental units to this section shall be responded to within one hour. The neighbor who made the complaint shall be contacted by telephone or in person and informed as to the results of the actions taken by the manager. A record shall be kept of the complaint and the manager's response for a period of at least three months after the incident, which shall be available for inspection by the county code enforcement department during business hours. 12) The name, address, and telephone number of the vacation rental manager, the telephone number of county code enforcement department and the number of the special vacation rental permit shall be posted and visible from the front property line of the vacation rental unit. 13) The tenants' agreement with the rules of conduct shall be posted in a conspicuous location in each vacation rental unit. 14) Occupancy of vacation rental unit(s) shall be limited to no more than two (2) individuals per bedroom, or no more than two (2) individuals per efficiency unit, when rented as a vacation rental unit subject to the provisions of Monroe County Ordinance No. 004-1997. 15) Review of this permit did not consider the existence of valid private deed restrictions, restrictive covenants or other restrictions of record which may otherwise legally prohibit the use of the dwelling unit for vacation rental purposes. VIOLATION WARNING Violations of any of the vacation rental regulations constitutes a violation of Monroe County Code punishable as a second degree misdemeanor and is also grounds for immediate termination of the lease and eviction from the leased premises and criminal penalties under Florida Statutes §509.151 ("Defrauding an Innkeeper"), §509.141 ("Ejection of Undesirable Guests"), §509.142 ("Conduct on Premises) or §509.143 (Disorderly Conduct on Premises, Arrest"). I' l\!I ? 111 ;t ATTACHMENT 1 II \ · \CIH I• \ff ' r This tenant's agreement shall bear the signature of all owner(s) and all authorized manager(s) of the owner(s). If necessary, please attached additional sheets with notarized signatures of all other authorize property owners and/or vacation rental managers: Property Owner Signature: Date: ------Printed Name of Owner: Sworn before me this ___ day of______ Notary Public My Commission Expires Vacation Rental Manager Signature: Date: ------Printed Name of Manager: Sworn before me this ___ day of ______ Notary Public My Commission Expires 1 J l TO'\' MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT Request for a Special Vacation Rental Manager License Vacation Rental Manager License Application Fee: $106.00 Date of Submittal: ___/ __ _;/ ___ Month Day Year ApplicantNacation Rental Manager: Name Mailing Address (Street, City, State and Zip Code) Daytime Phone Evening Phone Email Address Sub Area (Upper Keys, Middle Keys or Lower Keys): All of the following must be submitted in order to have a complete application submittal: (Please check as you attach each required item to the application) D Complete vacation rental manager license application D Correct fee (check or money order to Monroe County Planning & Environmental Resources) If deemed necessary, the Planning & Environmental Resources Department reserves the right to request additional information. The license shall be issued for a period of one (1) year and renewable annually. The vacation rental manager shall reside within and be licensed for only one sub-area of the County where the vacation rental unit is located. The vacation rental manager shall be the designated contact person for responding to complaints made by neighbors against vacation rental tenants and responsible for maintaining the guest register, and official complaint response records for a vacation rental unit. I' •~• I 111 .? ATTACHM·ElfT 1 1 \ 1•11c 110 The vacation rental manager shall be available twenty four (24) hours a day, seven (7) days a week for the purpose of promptly responding to complaints regarding conduct and behavior of the vacation rental occupants or alleged violations of the vacation rental ordinance. Complaints to the vacation rental manager concerning violations by occupants of vacation rental units shall be responded to within one (1) hour. The neighbor who made the complaint shall be contacted by phone or in person and informed as to the results of the actions taken by the vacation rental manager. A record shall be kept of the complaint and the manager's response for a period of at least three (3) months after the incident, which shall be available for inspection by the Monroe County Code Compliance Department during business hours. The guest register shall list all of the vacation rental occupant's names, home addresses, telephone numbers, vehicle license plate and water craft numbers. Each Lease, provided by the owner, and this register shall be kept by the vacation rental manager and made available for inspection by Monroe County Code ComplianceDepartment personnel during business hours. After notice is given to the vacation rental manager and a public hearing is held, a vacation rental manager license shall be revoked by the planning commission and/or fines levied by the code enforcement special master or court of competent jurisdiction upon finding of: a) a total of two (2) or more "no responses" to complaints registered by the public concerning tenants not following terms of the Tenant's Agreement during any single year of the vacation rental manager's license; orb) two (2) or more violations of the duties and responsibilities of a vacation rental manager. An individual who has had his vacation rental manager's license revoked shall not be eligible to resubmit an application for obtaining a new vacation rental manager license until two (2) years after the date of revocation of his license. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge such information is true, complete and accurate. Vacation Rental Manager Signature: Date: ______ Printed Name of Manager: Sworn before me this ___ day of ______ Notary Public My Commission Expires Please deliver or send the complete application package to the Monroe County Planning & Environmental Resources Department, Marathon Government Center, 2798 Overseas Highway, Suite 400, Marathon, FL 33050. .. ,,. Stan Boling From: George Bryant Dear Commissioners Davis, Solari, Flescher, O'Bryan and Zorc: On behalf of the Short-term Rentals Special Committee of The Moorings of Vero Property Owners' Association, Inc., I enclose a Proposed Comprehensive Vacation Rental Ordinance, together with an Executive Summary as to that Ordinance. The MPOA Special Committee looks forward to working with the IRC Board of County Commissioners toward the passage of such an Ordinance in order to properly regulate vacation and event rentals in Indian River County. The Special Committee has already commented to Bill Debraal and Stan Boling as to the event rental and parking ordinances currently pending before the I RC Board of County Commissioners. Further, the Special Committee is willing to send a representative to any Short Term Rental Committee established by the IRC Board of County Commissioners. l ATTACHM·EMT 2 EXECUTIVE SUMMARY FROM: The Moorings of Vero Property Owners' Association, Inc. - Short-term Rentals Special Committee - George Bryant, Vic Cooper and Bob Dewaters TO: Indian River County Commissioners Wesley S. Davis, Bob Solari, Peter D. O'Bryan, Joseph E. Flescher and Tim Zorc SUBJECT: Proposed Comprehensive Vacation Rental Ordinance DATE: June 9, 2015 The Moorings of Vero Property Owners' Association, Inc. (MPOA) has over 1,150 property owner members in The Moorings area of Indian River County {IRC), including over 190 individual homeowners. Because of its concern with the abuses of short term rentals of individual homeowners' properties in IRC, the MPOA created its Short-term Rentals Special Committee (Committee). The Committee has prepared and attached to this Memorandum a proposed Ordinance for adoption by the IRC Board of County Commissioners. The Ordinance proposes a comprehensive approach to the regulation on vacation rentals in IRC, based on similar ordinances already adopted by other Florida municipalities. . The Ordinance would apply to both short-term (less than 28 days) rentals and event rentals (for weddings and other commercial Events). It also covers parking at properties subject to short-term rentals. It regulates noise, trash and other issues related to such rentals. It also establishes a mechanism for handling neighbors' ;::.~ .t ·-:·• ~~r/• "HMENT ., ... .. Ii•. - 2 complaints about those rentals. Further, it requires the owners of such rental properties to obtain a vacation renta I permit, provides related procedures for revocation of such permits for violations of the Ordinance, and also establishes fines for a failure to obtain a required permit. The Committee notes that the Ordinance's Regulations section (a)(l0)(d) requires the owners of a vacation rental property to comply with the Americans with Disabilities Act, if applicable. As most such properties (other than those occupied by an owner) are subject to the ADA, that requirement may be onerous. On the other hand, the Committee also notes that the Ordinance does not provide (as do similar ordinances of other Florida municipalities) that the property must comply with F.S. 196.061 with respect to the abandonment of a property's homestead exemption, if it is rented. The Committee is willing to send a representative to any Short Term Rental Committee established by the IRC Board of County Commissioners. 2 ATTACHMENT 2 [Draft - 6/9/15) INDIAN RIVER COUNTY, FLORIDA- CODE OF LAWS AND ORDINANCES ORDINANCE 2015-XX AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS, PROVIDING FOR A NEW CHAPTER 953, VACATION RENTAL USES; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS, INCLUDING AMENDMENTS TO CHAPTER 901, DEFINITIONS, AND A NEW CHAPTER 953, VACATION RENTAL USES, BE AMENDED AS FOLLOWS: SECTION #1: NEW DEFINITION Add new definitions to Section 912.03. - Definitions. reading as follows: Event rental unit an attached or detached dwelling unit that is used, maintained, marketed, promoted or advertised as being available for rent, lease or assigned for tenancy for a gathering for any function or special event, including, but not limited to, any wedding, retreat, party or other commercial use. Vacation rental or unit any attached or detached dwelling unit that is rented, leased or assigned for tenancies of less than twenty-eight (28) days duration or any event rental unit. Vacation rental does not include hotels, motels and RV spaces, which are specifically addressed by other ordinances. ATTACHMENT 2 SECTION #2: NEW CHAPTER Add to Title IX - LAND DEVELOPMENT REGULATIONS a new Chapter 953. -VACATION RENTAL USES reading as follows: § 1 Title. This chapter, and the terms and provisions contained herein, shall be known as the "Vacation Rental Uses Ordinance" of Indian River County. § 2. Purpose and intent. It is the purpose and intent of this chapter to provide for the safe and peaceful use of vacation rental properties throughout Indian River County. § 3. Applicability The requirements set forth in this chapter shall be applicable to all land development activities in the unincorporated area of Indian River County. § 4. Definitions The definitions used in this chapter are included in Chapter 901. § 5. Vacation Rental Uses (a) Regulations. All vacation rental or units, requiring a vacation rental permit, shall comply with the following regulations at all times: (1) Occupancy of a vacation rental or unit shall be limited to no more than two (2) individuals per bedroom or to no more than two (2) individuals per efficiency unit. (2) All vehicles, watercraft and trailers at the Vacation rental or unit shall not be placed on the street or in yards. All vehicles, watercraft and boat trailers must be parked or stored off-street in parking spaces specifically designed and approved in the vacation ATTACHM·ENT 2 rental permit. One vehicle parking space shall be required per bedroom or efficiency. (3) No more than one motorized watercraft, including a jet ski or wave runner, shall be allowed at each vacation rental or unit. The watercraft may be moored at either an existing on-site docking facility or stored on a trailer in an approved parking space. (4) No boat docked at a vacation rental property shall be chartered to a person other than registered guests of the vacation rental unit or used for living on board, sleeping or other overnight accommodations. In addition, recreational vehicles shall not be used for sleeping or other overnight accommodations at the vacation rental unit. (5) Occupants shall be prohibited from making excessive or boisterous noise in or about any vacation rental or unit at all times. Noise, that is audible beyond the boundaries of the vacation rental or unit, shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m. weekdays and 11:00 p.m. and 9:00 a.m. on weekends. (6) All trash and debris on the vacation rental or unit must be kept in covered trash containers. Each vacation rental or unit must be equipped with at least four covered trash containers for such purpose. Owners must post, and occupants must comply with, all trash and recycling schedules and requirements applicable to the vacation rental or unit. Trash containers must not be placed by the street for pick-up until 6:00 p.m. the night before pick-up, and must be removed from the area by the street by 6:00 p.m. the next day. (7) A tenant's agreement to the regulations in this section (a) must be made a part of each and every lease for any vacation rental or unit subject to the provisions of this Chapter. The foregoing rules and regulations governing tenant conduct and use of the vacation rental or unit shall be prominently posted within each vacation rental or unit subject to the provisions of this Chapter along with the warning that violations of any of these vacation rental regulations constitutes a violation of this Chapter, subject to fines or punishable as a second degree misdemeanor, and is also grounds for immediate termination of the lease and eviction from the leased vacation rental or unit and criminal penalties under F.S. § 509.151 ("defrauding an innkeeper"), F.S. 509.141 11 11 ( ejection of undesirable guests"), F.S. § 509.142 ( conduct on premises") or F.S. § 509.143 (11disorderly conduct on premises, arrest}. 111{8} The owner or agent of a vacation rental or unit shall require a lease to be executed with each renter of the vacation rental or unit, and shall ATTACHMENT 2 maintain a renter and vehicle register listing the names, home addresses, telephone numbers, vehicle license plate and watercraft registration numbers of each such renter. Each lease and this register shall be kept by the vacation rental manager and available for inspection by county code enforcement personnel during business hours. 111(9)111 Each vacation rental or unit must be registered, licensed and meet all applicable state requirements contained in F.S. ch. 212 (Florida Tax and Revenue Act) and F.S. ch. 509 (Public Lodging Establishments), as implemented by the Florida Administrative Code, and as they may be amended. lil(10)111 The use of the vacation rental or unit must comply with (a) all State of Florida Department of Health standards, {b) all State of Florida Department of Environmental Protection standards for was'i:ewater treatment and disposal, (c) all applicable county and state fire, safety and ot her codes, ordinances, rules and regulations, and (d) the Americans With Disabilities Act, if applicable. (11) lllEach vacation rental or unit shall have a vacation rental manager, as provided in section (d). The vacation rental manager shall reside within the county, and be available for the purpose of promptly responding to complaints regarding conduct or behavior violating of this section (a). The name, address and telephone number of the vacation rental manager, the telephone number of county code enforcement department and the number of the vacation rental permit shall be given, by written notice, to each owner of property abutting the vacation rental or unit. {12)111 The vacation rental manager shall promptly respond to each complaint concerning violations of this section {a) by occupants of each vacation rental or unit. The person who made the complaint shall be contacted by telephone or in person, and informed as to the results of the actions taken by the vacation rental manager. A record shall be kept of the complaint and the vacation rental manager's response for a period of at least three (3) months after the incident, which shall be available for inspection by the county code enforcement department during business hours. {b}l1l Vacation rental pP.rmit.lil An owner or agent shall obtain an annual vacation rental permit for each vacation rental or unit prior to renting any dwelling as a vacation rental or unit, as defined in section 912.03, except as provided for under section (c). A vacation rental permit is ATTACHM·ENT 2 nontransferable between owners. A change of ownership of the vacation rental or unit shall require the new owner or his agent to obtain a new vacation rental permit for the vacation rental or unit. (c}[ll Exemptions.111 A vacation rental permit is not required for the following:[11 (1) A rental of a unit located within a community having a condominium, homeowner's or other property owner's association that expressly regulates or manages rental uses; or [11(2) A vacation rental of a dwelling unit within a multifamily building located within a multifamily district, which has 24 hour on-site management or 24 hour on-site supervision. (d) Vacation rental man~ger.11.l The vacation rental manager shall be: (l)lllAn owner of the vacation rental or unit or an agent of such owner, (2) The designated contact for responding to complaints made by neighbors against tenants or other users of the vacation rental or unit, and (3)111Responsible for maintaining the guest register, leases and official complaint response records for the vacation rental or unit as required by this Chapter. (e) Vacation rental permit application. A complete vacation rental permit application shall include the following:11.l (1) The complete legal description, street address, RE number and location of the vacation rental or unit; (2}1l1Proof of ownership and the name, address and telephone number of each and every person or entity with an ownership interest in the vacation rental or unit; {3)111An approved Florida State Department of Health or Florida State Department of Environmental Protection inspection or certification of the adequacy of the sewage disposal system for use as a vacation rental or unit; (4)ITThe gross square footage of the vacation rental or unit, location and number of rooms, bedrooms, bathrooms, kitchens, apartments, parking spaces and any other information required to determine compliance with the provisions of this Chapter; (S)rnA valid and current Florida Department of Revenue sales tax identification number under F.S. ch. 212 (Florida Tax and Revenue Act} and a valid and current permit, license or approval under F.S. ch. 509 (public lodging establishments); {6)ffifhe name, address and telephone number of the vacation rental manager; {7) The applicant ATTACHMENT 2 shall sign a written statement (a) granting authorization to the county code enforcement department to inspect the premises of the vacation rental or unit prior to the issuance of the vacation rental permit and at any other time after issuance of such permit, concerning compliance with this Chapter and all other county land development regulations, and (b) stating that the vacation rental or unit is not presently claimed to be a homestead for tax purposes; (8) The application shall bear the signature of all owners, all authorized agents and all applicable vacation rental managers; and (9)11lAny additional information required to determine compliance with t he provisions of this Chapter. (f) lllPermit, Hcense and fees. (1) Vacation rental permits will be issued by the community development director or designee, upon payment of a nonrefundable fee and submittal of a complete application in a form prescribed by the community planning director in accordance with section (e) of this Chapter.111(2) The annual fee for vacation rental permits shall be established by resolution of the board of county commissioners. 11!{3)11lA decision to approve or deny a vacation rental permit may be appealed to the code enforcement board within thirty (30) days pursuant to section 902.07. (g)lll f ,ines or revocation o·f vacation rental permit . rilA vacation rental permit shall be revoked by the code enforcement board and/or fines levied by a code enforcement officer or a court of competent jurisdiction after a finding of a violation of this Chapter by the permit holder, the vacation rental permit or permit conditions or any material misrepresentation on the permit application, after the owner of the vacation rental or unit is given notice and a hearing is held by the code enforcement board, the code enforcement special master or a court of competent jurisdiction. (h)lll Duration and renewal of vacation rental 1>er:nit . Vacation rental permits shall expire one year after the date of their issuance, unless renewed within thirty (30} days of their expiration date. Renewal of a vacation rental permit requires the owner or agent to submit an application in a form prescribed by the community development director, and payment of a nonrefundable fee, including proof of a ATTACHMENT 2 current license and registration under F.S. ch. 212 and F.S. ch. 509. (i}liJ Prohibitions, enforcement, and penalties. (1) It shall be unlawful for any landlord, tenant, agent or other representative of a landlord to rent, lease, advertise or hold out for rent any vacation rental or unit for use in any district where such use is prohibited, except as otherwise e>rempted under this Chapter. rn(2} It shall be unlawful for any landlord, tenant, agent or other representative of a landlord to rent, lease, advertise or hold out for rent any vacation rental or unit for use as a vacation rental or unit without a vacation rental permit, except as otherwise exempted under this Chapter. !iJ{3) After the effective date of the ordinance from which this Chapter is derived, leases, assignments for tenancy or any other occupancy agreements for compensation having less than twenty-eight (28) days in duration: rn(a)rn Shall not be entered into or renewed once they have expired or have terminated in any district in which use as a vacation rental or unit is allowed unless a vacation rental permit, building permit, inspection and certificate of occupancy for such use (or for the conversion of an existing dwelling unit to such use} is first obtained; and [Zl(b}!ll Any pre-existing such uses shall not be considered a lawful nonconforming use under section 904.04, and must be discontinued in any land use district that prohibits such uses no later than thirty (30} days after the effective date of the ordinance from \.Vhich this Chapter is derived. (4) Nothing contained in this section (i) shall bar a code enforcement officer from enforcement against any new vacation rental violation occurring after the effective date of the ordinance from which this Chapter is derived. 111(5)111 Prima fade evidence of the use of a dwelling unit as a vacation rental or unit shall include: (a)111Registration or licensing for short-term rental or transient rental use by the state under F.S. ch. 2.12 (Florida Tax and Revenue Act) or F.S. ch. 509 (public lodging establishments); !ll(b) Advertising or holding out a dwelling as a vacation rental or unit; (c} Reservations, booking arrangements or any lease, assignment for tenancy or any other occupancy or agreement for compensation, trade or other legal consideration addressing or overlapping any period of twenty-eight (28) days or less; or (d) The use of an agent or other third person to make reservations or booking arrangements. {6} 111A violation ATTACHMENT 2 of any of the regulations in sections (i){1)-(i)(3) shall be punishable as a second degree misdemeanor and by a fine of up to $500.00 per day, per unit, per violation. A code enforcement officer may also enforce the terms of this Chapter by citation under section 103.07 or F.S. § 162.21 (as may be amended). If a code enforcement citation is issued, the fine shall be $250.00 for the first offense and $500.00 for each subsequent offense. (7) lllln addition to any other remedies available to the county (including code enforcement pursuant to section 103.07 or F.S. ch. 162), the county or any other adversely affected person may enforce the terms of this Chapter at law or in equity. Any citizen of the county may seek injunctive relief in a court of competent jurisdiction to prevent a violation of this Chapter or to revoke a vacation rental permit, as set forth in this Chapter. Attorney's fees and costs incurred in an action to enforce the provisions of this Chapter concerning the uses of a vacation rental or unit may be awarded to a substantially prevailing party at the discretion of the court. SECTION #3: 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 if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of this 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 #6: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. ATTACHMENT 2 SECTION #3: SEVERABILITY If any clause, section or provision of this Ordinance sh all 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 if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of this 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 #6: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This Ordinance was advertised in the Press-Journal on the ___ day of ____, 2015, for a public hearing to be held on the __ day of 2015, at which time it was moved for adoption by Commissioner seconded by Commissioner ______, and adopted by the following vote: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher ___ _ _ Commissioner Tim Zorc Commissioner Peter D. O'Bryan BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ATTACHM·ENT » The Chairman there upon declared this ordinance duly passed and adopted this ____ day of _____, 2015. BY: Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk This ordinance was filed with the Department of State on the following date: ___ _ APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director ATTACHM·ENT 2 NOISE AND VIBRATION CONTROL § 974.04 CHAPTER 974. NOISE AND VIBRATION ited for any person to engage in any use or CONTROL* activity that creates any such noise or vibration contrary to the specific provisions of this chapter. Sec. 974.01. Short title and purpose. Sec. 974.02. Definitions referenced. (Ord. No. 90-16, § 1, 9-11-90) Sec. 974.03. Noise and vibration restrictions, in general. Sec. 974.04. Specific noise and vibration prohibitions. Section 974.04. Specific noise and vibration Sec. 974.05. Additional noise control standards by zoning prohibitions. district. Sec. 974.06. Exemptions. The following standards and restrictions shall Sec. 974.07. Opportunity for administrative approval. apply to uses and/or activities in unincorporated Indian River County, except as may conflict with Section 974.01. Short title and purpose. the provisions of section 974.06, Exemptions, of This chapter shall be known and may be cited this chapter. Uses and/or activities in compliance as the "Indian River County Noise and Vibration with the standards and restrictions of this section Control Ordinance." shall not be subject to the noise control standards set forth in section 974.05. It is the purpose and intent of this chapter to regulate uses and activities in such a manner as (1) Radios, television sets, musical instru to prevent excessive noises and vibrations which ments, and similar devices. It shall be degrade the quality of life, disturb the public unlawful to use, operate, or permit to be peace, and jeopardize the health, safety and wel played, used, or operated, any radio re fare of the citizens of Indian River County. It is ceiving set, musical instrument, phono further the intent ofthis chapter to recognize that graph, television set, or other machine or factors such as the time of day, location (e.g., device for the production or reproduction proximity to residences), and necessity of sounds of sound between the hours of 10:00 p.m. incidental to allowed uses and activities must be and 6:00 a.m. in such manner as to create considered in balancing the protection of public a noise or vibration disturbance to neigh boring premises. peace, individual freedoms and private property rights. Pertaining to radios, cassette players, disk (Ord. No. 90-16, § 1, 9-11-90) players and similar devices associated with motor vehicles, no such device shall be Section 974.02. Definitions referenced. operated in such a manner as to create a noise or vibration disturbance at one hun The definitions of certain terms used in this dred (100) feet or more from such device, chapter are set forth in Chapter 901, Definitions, when operated on a public right-of-way or of the Indian River County Land Development public space. Code. (Ord. No. 90-16, § 1, 9-11-90) (2) Construction equipment and activity. It shall be unlawful to operate any equip Section 974.03. Noise and vibration restric ment or perform any outside construction tions, in general. or repair work on buildings, structures, roads, or projects within the county be It shall be unlawful for any person to make, tween the hours of8:00 p.m. and 6:00 a.m. continue, or cause to be made or continued any unless an administrative approval as set excessive, unnecessary, or unreasonably loud noise forth in section 974.07 for such construc or vibration which disturbs the peace or quiet of tion or repair work between such hours any neighborhood or which would cause discom has been obtained from Indian River fort or annoyance to any reasonable person of County on the basis of good cause shown. normal sensitivity. Moreover, it shall be prohib- (3) Engine mufflers. It shall be unlawful to *Cross reference--Sounding of train horns or whistles operate any internal combustion engine, between certain hours, § 306.04. including such an engine associated with Supp. No. 78 974/1 ATTACHM·ENT 3 NOISE AND VIBRATION CONTROL § 974.05 River County, providing that the crossing of power generators shall be for the min is equipped with train-activated auto imum duration necessary to meet manu matic traffic-control devices, which shall facturer's specifications. include, flashing lights, bells and crossing (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 2009-016, gates. § 1, 10-13-09) Section 974.05. Additional noise control (15) Landscape maintenance. It shall be un standards by zoning district. lawful for any person to undertake land Except as may conflict with the specific noise scape maintenance activities in such a and vibration provisions of section 974.04, it shall manner as to create a noise or vibration be unlawful to project a sound or noise from one disturbance to neighboring premises be property into another property within the bound tween the hours of8:00 p.m. and 6:00 a.m. ary of the zoning district which exceeds the llin iting noise spectra set forth in Table I below. (16) Power generators. It shall be unlawful for (1) Sound or noise projecting from one dis any person to manually or automatically trict into another zoning district with a exercise or test a power generator in such different noise level shall not exceed the a manner as to create a noise or vibration limits of the district into which the noise disturbance to neighboring premises be is projected. tween the hours of6:00 p.m. and 8:00 a.m. (2) The limits hereinabove referred to shall Manual or automatic exercising or testing be in accordance with the following table: TABLE I. APPLICABLE NOISE LIMITS Measurement period one-quarter hour (continuous), as measured at the property boundary ofthe receiving parcel. In multifamily developments (including duplex developments), the measure ment shall be taken from the receiving premises. Sound Level in Decibels A-Scale (DBA) Day . Night Zoning District 6:00 a.m.-10.00 p.m. 10:00 p.m.-6:00 a.m. L L L L L L 1 10 50 1 10 50 Conservation 65 60 55 60 55 55 Residential 70 65 60 65 60 55 Commercial 75 70 65 70 65 60 Industrial 75 70 65 75 70 65 Agricultural* 75 70 65 75 70 65 Level L(l). That noise (A-weighted sound level) exceeding one percent of a measurement time equivalent to at least fifteen (15) minutes. Level L(lO). That noise (A-weighted sound level) exceeding ten (10) percent of a measurement time equivalent to at least fifteen (15) minutes. Level L(50). That noise (A-weighted sound level) exceeding fifty (50) percent of a measurement time equivalent to at least fifteen {15) minutes. *Residential developments within Agricultural Zoning Districts shall be subject to the decibel level thresholds for the "Residential" Zoning Districts. Supp. No. 101 974/3 ATTACHNfNT 3 ::C (l.. C. j,c).,+j- R.£,L.,.krED Rt-05, Indian River County Manatee Protection and Boating Safety Comprehensive Management Plan Single-family dock: a dock that is used for private, recreational, or leisure purposes for a single-family residence, cottage or other such single dwelling unit and that is designed and operated to moor no more than two boats. Th.is also includes shared single-family docks, with mooring ofno more than a total of four boats, which is located on property lines between two upland single-family residences, where the dock is shared for use by both upland, single-family residences, If the dock is not located on the property line between the two upland single-family residences, then the dock is not considered to be a shared dock and therefore, is not a single-family dock. This applies regardless of any legal document, understanding, or recorded document that exists between the two landowners. In all cases, the dock (single or shared) is attached to land owned to the mean or ordinary high water line by the dock owner(s). A single family dock may include a fishing/observation pier. Slip conversion or conversion: use conversion of 'sailboat-only' designated slips to powerboat slip usage. In the context of this MPP, conversion is not rearrangement. Water-dependent uses: Water-dependent uses shall include those uses whose primary function is derived by direct water access such as, but not limited commercial marinas, commercial charter fishing, touring and diving boat piers, water-ski, sailing, and similar instructional operations, dredge, hauling, marine repair and other related uses. Wet slip: a space designed for the mooring of a single watercraft in water. Such spaces may extend from a dock or shoreline but shall not be allowed to project from a pier. Abbreviations used in this document: BCC Board of County Commissioners CCD Community Development Department DCA Department of Community Affairs ELC Environmental Learning Center FDEP Florida Department of Environmental Protection FIND Florida Inland Navigation District FMP Florida Marine Patrol FWC Florida Fish and Wildlife Conservation Commission ICW Intracoastal Waterway IRL Indian River Lagoon MPP Indian River County Manatee Protection and Boating Safety Comprehensive Management Plan PWC Personal Watercraft (e.g., Jet Ski, Sea Doo) SJRWMD St. Johns River Water Management District USCG United States Coast Guard USFWS U.S. Fish & Wildlife Service IRC Environmental Planning Section Page7 August 2004 ATTACHM·ENT 4 Section 917.06. - Specific accessory uses and structures. (1) Aboveground storage ofgasoline and other combustible fluids. a. Where aboveground storage of gasoline, petroleum oi Is or other flammable fluids are permitted, any such facility for storage having a capacity in excess of five hundred (500) gallons shall be in compliance with the National Fire Protection Association requirements. b. A site plan appllcation shall be filed, if required by Chapter 914. to review any proposed aboveground fuel storage facility. The public works department shall review such site plans for the mitigation of any increases in the amount of impervious surface relating to stormwater management, pursuant to Cha~ter 930 regulations. c. The environmental health department shall review the site plan to determine if secondary containment and/or monitoring wells. and/or other measures are needed to mitigate against the potential for groundwater contamination via fuel leakage(s). (2) Access driveway restrictions/single-family Jots. See Chapter 912. Single-Family Development; and Chapter 952, Traffic. {3) Height exceptions and limitations. See the general provisions section of Chapter 911. Zoning. (4) Home occupations. See Chapter 912. Single-Family Development. (5) Outdoor lighting at the beach. See Chapter 932. Coastal Management. {6) Piers, docks, boats/ips and waterfront structures. No dock, pier, boatslip, or waterfront structure accessory to a single-family residence shall be rented, leased or sold to a party unless said party rents, leases, or buys the associated single-family residence. See Chapter 932. Coastal Management, for more information relating to piers, docks, boatslips and waterfront structures. (7) Required corner visibility. See the general provisions section of Chapter 911, Zoning. {8) Antennas. {a) Dish antenna location restrictions. To reduce the negative aesthetic impacts of dish antenna visibility from streets and surrounding properties. no dish antenna exceeding one meter in diameter shall be located between any building and any front or side property line except on corner lots which do not have a rear yard in which case the dish may be placed in the side yard. (b) Screening dish antenna from residential districts. All dish antennas exceeding one meter in diameter located within a residential district or which abut a residential district shall provide for opaque screening approved by the community development director to reduce the negative aesthetic impacts of dish antenna visibility from streets and surrounding properties. The screening materials shall be located and of a quality (e.g. landscaping, panels that provide screening but allow signals to be received or transmitted) that shields the proposed antenna from view of persons standing at ground level on surrounding properties and rights-of-way and allows for signal reception. The location and specification of all screening materials shall be approved by the director of community development. (c) Antennas attached to existing structures. Antennas attached to existing, legally constructed structures shall be treated as a permitted use for a height of up to one hundred ten (110) percent of the height of the existing structure to which the antenna is being attached. (d) The following screening and design requirements shall apply to commercial antenna attachments: ATTACHMENT 4 Section 932.07. - Piers, docks and boatslips. (1 ) Restrictions upon regularly moored watercraft; maintenance. Watercraft shall not be regularly moored along any shore without consent of the riparian land owner. Regularly moored watercraft shall not be used as live-aboard vessels, offices or commercial enterprises except in commercial marinas with approval and facilities for that purpose. Regularly moored watercraft shall be kept in seaworthy condition when not in a permitted repair area. The mooring of live-aboard vessels (as defined in Chapter 901) in commercial marinas shall be limited to those boat slips designated for live-aboard vessels use on an approved site plan meeting the provisions described in section 971.35(3). (2) Location of boatslips. Boatslips shall be permitted only as a wet storage area adjacent to a dock, marina, boat If very, or boat yard. Boat slips shall not encroach upon a riparian side yard setback as determined by the applicable zoning side yard setback of the zoning district in which the project is located, as extended waterward from the adjacent upland. No portion of a watercraft moored at such boatslip shall project into the extended riparian side yard setback, unless necessary to allow the utilization of riparian rights. {3) Projection of waterfront structures. {a) Unwal/ed shelters. Unwalled shelters may be erected over boatslips associated with docks or over the terminal platform associated with private observation/fishing piers and public piers; however, no part of such shelter may be erected beyond the shoreline unless the following conditions are met 1. The applicant shall provide a detailed inventory of sea grasses and submerged aquatic vegetation in the area to reviewing county staff; 2. The applicant must demonstrate that the unwalled shelter does not adversely impact light sensitive aquatic resources such as sea grasses; 3. The combined total surface area of the unwalled shelter and the terminal platform of the associated dock, private observation/fishing pier, or public pier shall not exceed Florida Department of Environmental Protection (FDEP) size limitations where such structures are located in an aquatic preserve, provided that in no case, however, shall the surface area covered by an unwalled shelter exceed four hundred (400) square feet on a dock or one hundred sixty (160) square feet on a private observation/fishing pier; and 4. The height of the unwalled shelter shall not exceed twenty (20) feet above the mean high water line. (b) Extension of docks, public piers, and private observation/fishing piers in waterways; generally. 1. Docks, including tie-off piles, mooring or dolphin poles, and public piers shall not project outward from the shore more than twenty-five (25) percent of the width of the waterway at a point where they are located. The outward projection of a dock and associated structures shall be measured from the water's edge at mean low tide. The location, dimensions, and structural character of all structures shall be in conformity with applicable federal and state jurisdictional agency regulations. 2. Private observation/fishing piers shall not project outward from the shore more twenty-five (25) percent of the width of the waterway at a point where the fishing pier is located, or 35' beyond the shoreline, whichever is less. The outward projection of an observation/fishing ATTACHMENT 4 pier shall be measured from the water's edge at mean low tide. The location, dimensions, and structural character of all structures shall be in conformity with applicable federal and state jurisdictional agency regulations. (c) [Exceptions.] Application of paragraphs in "b" above shall not result in a unobstructed waterway of less than twenty-five (25) feet in width (twelve and one-half (12 ½) feet either side of the waterway centerline}. (4) Riparian side yard setback encroachment prohibited. No dock, pier, boat shelter or other waterfront structure may encroach on a required riparian side yard setback as extended waterward for the zoning district in which the project is located, unless such an encroachment is necessary for the utilization of riparian rights. Notwithstanding, an applicant shall have an opportunity to apply for an administrative approval to construct a water front structure within a riparian side yard setback, under the following circumstances. (a) Shared facilities. Adjoining property owners desiring to share dock/boat slip facilities may apply for administrative approval pursuant to the provisions of Chapter 914. The applicants shall provide a detailed plan showing the dock location and configuration and all aquatic and shoreline vegetation. If approved, shared facilities may allow for up to four (4) or less boat slips without being considered multi-slip facilities. The applicant(s) shall also provide written conformation of a· recorded access easement which verifies joint access to the proposed structure. Adjoining property owners sharing dock boat/slip facilities shall not be permitted to construct additional, separate dock/boat slip facilities prior to the removal of the existing structure. Encroachment of the shared facility may only occur with regards to the adjoining property owner's shared lot lines. (b} Hardships. In cases where lot configurations may create a hardship as applied to riparian side yard setback encroachment of single-family dock/boat slips, the applicant may apply for administrative approval pursuant to the provisions of Chapter 914. The applicant shall provide a detailed plan indicating the nature of the hardship as well as the proposed dock location, specifications and any aquatic or shoreline vegetation. County staff shall notify any affected adjacent property owner, as applicable, of the pending application. In all cases, the proposed encroachment shall be the minimum necessary to allow for the desired use. (c) Environmental constraints. In cases where environmental conditional on a subject property are such that the location of a dock or other waterfront structure within a riparian side yard setback would afford the best protection of on-site natural resources, an applicant may apply for and be granted an administrative approval pursuant to the provisions of Chapter 914. Natural resources that warrant riparian side yard setback encroachment consideration for protection purposes include mangroves and submerged aquatic vegetation. (5) Environmental impact considerations. Piers, docks, boat shelters, and other waterfront structures shall be located in order to minimize negative impacts on shoreline vegetation and marine grassbeds, as applicable. On riparian property where the location of a waterfront structure over or in the vicinity of light-sensitive aquatic vegetation (such as sea grasses) is unavoidable, such structure (or portion thereof) shall be constructed a minimum of five {S) feet above the mean high water level where said aquatic vegetation exists or could potentially exist, as determined by county environmental planning staff. Said determination shall be based on staff review of seagrass inventory information and site specific conditions. (6) Design and construction characteristics of private observation/fishing piers. All private observation/fishing piers shall be constructed to the following design characteristics: ATIACHMllff 4 (a) The main access pier shall not exceed four (4) feet in width. (b) The terminal platform shall not exceed 160 square feet in area and shall not be used for docking a boat. {c) The water depth at the outermost projection of the private observation/fishing pier shall not exceed two feet mean high water {MHW). {d) Handrailing, built to Southern Building Code standards, shall be installed around that portion of the perimeter, of the observation/fishing pier, that extends waterward of the mean high water line. (e) That portion of the fishing pier that extends waterward of the rn ean high water line shall be elevated at least five feet above the mean high water line, as measured from the top of the decking material. This elevation shall apply to both the main access pier as well as the terminal platform. The purpose of the elevation is to reduce or eliminate the potential for mooring of boats at the observation/fishing pier. (f) "No Mooring" signs shall be installed on opposite sides of the main access pier and on the end of the terminal platform facing waterward (i.e., three signs in total). Lettering shall be no less than four (4) inches high and no greater than six (6) inches high. (7) Prohibition ofprivate observation/fishing piers in the Pelican Island National Wildlife Refuge. No private fishing pier shall be permitted, authorized, or built within the Pelican Island National Wildlife Refuge. (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-23, § 12, 5-15-91; Ord. No. 91-48, § 52, 12-4-91; Ord. No. 92-11, § 13, 4-22-92; Ord. No. 96-6, § 20, 2-27-96; Ord. No. 99-26, § 3, 9-28-99) ATTACHM·EffT 4 Section 912.17. - Parking and storage. As restated from the "general provisions" subsection of Chapter 911, Zoning, the following regulations apply to parking commercial vehicles, parking or storing vehicles and the storage of boats and recreational vehicles, in residential areas. (1) Park;ng of commercial vehicles in residential areas. (a) Restrictions on the parking of commercial vehicles in residential areas. No commercial vehicles, as defined In County Code Section 901.03. shall be parked overnight nor for an extended period (more than ten (1 O) hours in any calendar month) on any residentially used lot, in the street abutting such lot, or on residentially zoned land, except: 1. Within residential zoning districts, one (1) commercial vehicle consisting of a pickup truck or van with a rack for transporting materials or equipment and items other than the personal effects of private passengers, not exceeding a length of twenty-three (23) feet, height of nine (9) feet, or gross vehicle weight of fifteen thousand (15,000) pounds, shall be allowed per residential premises. 2. Commercial vehicles temporarily parked on a lot for the purpose of providing construction, transportation, or other services specifically for the location where such vehicles are parked. 3. In no case shall a commercial vehicle which is used for hauling explosives, gasoline or liquefied petroleum products be permitted to be parked for an extended period in a residential area. 4. "Class A" tow trucks or hydraulic wreckers, on an emergency towing service rotation list with the local sheriff's or police department, used by the resident of the premises, limited to one (1) per premises and parked off-street in a garage. carport or driveway. Under this paragraph. one (1) tow truck or wrecker is allowed to be parked or stored at a residence. 5. One (1) commercial vehicle shall be allowed per residential premises within the A-1, A-2, and A-3 districts (2) Parking or storage ofvehicles . (a) Parking or storage ofjunk vehicles. No junk vehicle shall be parked, and no motor vehicle frame, vehicle body, or vehicle body part shall be stored on residentially zoned or used property unless expressly permitted by this chapter, except when parked or stored in a completely enclosed garage or building. In any agricultural district, one such vehicle is permitted in the rear yard, completely screened from view of neighboring homes and properties. (b) Parking or storage of automobiles. A maximum of three (3} automobiles (not including recreational vehicles} may be parked in an unenclosed area on a single-family zoned lot. However, one additional vehicle for each licensed driver permanently residing at the premises may be parked on the lot. No automobile may be parked or stored in any required yard area. The provisions of this section shall not preclude the parking of automobiles by persons visiting a single-family home. (3) Unenclosed storage of recreational vehicles, trailers and boats. ATTACH MINT 4 (a) [Generally.] Any recreational vehicle not in normal daily usage for transportation of the occupants of the residence shall be considered as "stored" for purposes of this chapter. (b) Unenclosed storage of trailers, campers and boats; restrictions in residential zoning districts. Recreational vehicles and boats may be stored on any lot. However, any trailers, campers or boats which are stored in unenclosed areas on any single-family or two-family lot in any residential zoning district shall meet the following standards: 1. Ownership of recreational vehicles and boats; authorized storage. Such storage shall be limited to vehicles owned by the occupant(s) of the residence or the house guests of the occupant(s). 2. Limitation on number of recreational vehicles. No more than one recreational vehicle per dwelling unit may be stored in an unenclosed area upon each site, except that one additional recreational vehicle per dwelling unit may be parked on the property for a period not in excess of two (2) weeks in any one-year period. 3. Limitation on number ofboats. No more than one boat per dwelling unit shall be stored in an unenclosed area upon each site except that one additional boat per dwelling may be parked on the property for a period not in excess of two (2) weeks in any continuous time period or six (6) weeks in any one-year period. 4. Location of unenclosed storage areas. Such storage shall not be located in any required front or side yard, or any easement; except that such vehicles may be stored on any designated driveway. 5. Licensing. Recreational vehicles and boat trailers shall have a valid motor vehicle license at all times. 6. Use limitations. Recreational vehicles and boats shall not be used for office or commercial purposes, nor for sleeping, housekeeping or living quarters while so stored. 7. No public facilities hook~ups. No service facilities, such as water, sanitary, or electrical connections shall be attached; except a temporary electrical extension connected to the vehicle for battery charging or to facilitate repair is permitted. 8. Limitation on overall size of recreational vehicles. Consistent with the Chapter 901 definition of "Recreatlonal vehicle," the overall area of a recreational vehicle stored outside on a residentially zoned lot shall not exceed four hundred (400) square feet (vehicle length multiplied by width). (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 96-6, § 19, 2-27-96; Ord, No. 2008-021, § 3, 12-16-08; Ord. No. 2013- 005, § 2, 6-18-13) ATTACHMENT 4 LI @[?[] o@ Vacation Rental Homeowner' s Tax Guide Don '1 lose your investment through non-payment of taxes! Published by the Tourist Development Tax Academy OFFICE OF JOE G. TEDDER, CFC Tax Collec or for Pol County Florida www .Po lkTaxes.com ATTACHM·ENT 5 Managing your vacation rental home within the law is important. Mistakes or avoiding compliance can prove costly and may even lead to the foss of your vacation home! Failure to comply with certain laws can lead to criminal prosecution and jail time. Ill. Managing vacation home rental taxes Taxes that affect vacation rental homes: • Real estate property taxes (due once per year) • Tangible personal property taxes (due once per year) • State resort dwelling license (due once per year) • Local business tax (due once per year) • State sales tax (due monthly) • Tourist development tax (due monthly) • Federal income tax (due once a year or quarterly) A. Real Estate Property Taxes The term real estate tax is a common reference to a tax on real property. For vacation homeowners real property refers to land, dwelling, fixtures, and all other improvements to the land. Real estate taxes consist of ad valorem taxes, which are based upon the assessed value of real property, and non-ad valorem assessments, which are levies based on the cost of providing a service such as fire protection and garbage collection. Ad valorem assessments are made each January 1st. The ad valorem tax roll is certified to the Tax Collector by the Property Appraiser, who determines the assessed value of property. The Board of County Commissioners, School Board, municipalities, and other ad valorem taxing bodies set the millage rates for properties within their boundaries. The millage rate is the dollar amount to be paid in taxes for every $1,000 of appraised valuation. A mill is equal to 1 tenth of 1 percent. Non-ad valorem assessment rolls are certified to the Tax Collector by local governing boards or non-ad valorem assessing authorities, such as the Solid Waste Authority, fire districts and water control districts. April 6, 2010 www.PolkTaxes.com 5 ATTACHM·ENT 5 The Tax Collector consolidates the certified ad valorem and non-ad valorem tax rolls and mails tax notices to property owners. Ad valorem and non-ad valorem assessments are due beginning November 1st or soon after the tax roll is certified. Tax notices are mailed October 31st based on current addresses maintained by the Property Appraiser's Office. Regardless of whether a tax notice is received Florida law makes taxpayers responsible for knowing that their property taxes are due each year. If you do not receive a real estate tax notice by November 15th contact the Tax Collector's Office. Ad valorem and non-ad valorem assessments become delinquent on April 1st. What happens when real estate taxes are not paid? Answer: A Tax Certificate is sold. The tax certificate is a lien on property created by payment of the delinquent taxes due. It is not a purchase of property. Florida statutes require the Tax Collector to conduct a sale of tax certificates beginning on or before June 1st for the preceding year's delinquent real estate taxes. The amount of the certificate is the sum of the unpaid real estate tax and the non-ad valorem assessment, including 3% interest for April and May, and 5% Tax Collector's commission and advertising costs. Bidding on the certificates starts at 18% interest and is bid down until the certificate is sold. Interest is paid at the rate of the winning bid. When a tax certificate is redeemed and the interest earned on the face amount is less than 5%, a mandatory charge of 5% interest is due. The person redeeming the tax certificate pays the interest rate bid or the mandatory charge, whichever is greater. Tax certificates are dated as of the 1st day of the tax certificate sale and expire after 7 years. Any tax certificate can be canceled or reduced if errors, omissions, or double assessments are made. If a tax certificate is canceled or reduced, the interest earned on the canceled or reduced amount is 8%. Failure to pay could result in the loss of your property... The holder of a tax certificate may apply for a tax deed when 2 years or more have elapsed since April 1st of the year the certificate was issued. Note: A tax certificate is held for a minimum of two years and a maximum of seven years. At any time between the second and seventh year, the certificate holder may request the sale of the property to satisfy the certificate. The property is placed up for bid and auctioned. Application for a tax deed is made to the Tax Collector's Office. The Application allows the property to be sold at public auction. However, the owner may retain the property by paying the taxes any time before the tax deed is issued. April 6, 2010 www.PolkTaxes.com 6 AnACHM·ENT 5 Tax deed sales are coordinated by the Clerk of the Court's Office and conducted on the courthouse steps. What you need to do ... • Make sure your real estate property deed is correctly recorded with the Clerk of the Court. • To make sure you or your property manager get your tax assessment and tax notice mailings, make sure your correct mailing address, or the correct mailing address of your management company, is on file with the Property Appraiser's Office. • Make sure that you or your property manager receives a property tax notice no later than th November 15 • • Pay your real estate property taxes on time. POLK COUNTY Polk County Tax Collector's Office • Property Tax Department Mailing Address: PO Box 1189, Bartow, FL 33831-1189 Telephone: 863-534-4721 Email Address: [email protected] Web Address: www.PolkTaxes.com Polk County Property Appraiser's Office Mailing Address: 255 N Wilson Ave, Bartow FL 33830 Telephone: 863-534-4777 Email Address: [email protected] Web Address: www.polkpa.org Polk County Clerk of the Courts' Office Mailing Address: 255 N Broadway Ave, Bartow FL 33830 Telephone: 863-534-4540 Web Address: www.polkpa.org Lake County Tax Collector's Office Mailing Address: PO Box 327, Tavares, FL 32778 Telephone: 352-343-9740 Web Address: www.laketax.com Lake County Property Appraiser's Office Mailing Address: PO Box 1027, Tavares, FL 32778-1027 Telephone: 352-343-9748 Web Address: www.lcpafl.org Lake County Clerk of the Courts' Office Malling Address: PO Box 7800, Tavares, FL 32778 Telephone: 352-742-4100 Web Address: www.lakecountyclerk.org April 6, 2010 www.PolkTaxes.com 7 AnACHMEHT 5 ORANGE COl!t-lTY Orange County Tax Collector's Office Malling Address: PO Box 2551, Orlando, FL 32802 Telephone: 407-836-2700 Web Address: www.octaxcol.com Orange County Property Appraiser's Office Mailing Address: 200 S Orange Ave, Suite 1700, Orlando, FL 32801 Telephone: 407-836-5044 Web Address: www.ocpaf1.org Orange County Clerk of the Courts' Office Mailing Address: PO Box 4994, Orlando, FL 32801 Telephone: 407-1136-2000 Web Address: www.orangeclerk.onetgov.net OSCEOLA COUNTY Osceola County Tax Collector's Office Mailing Address: 2501 E lrlo Bronson Memorial Hwy, Kissimmee, FL 34744 Telephone: 407-742-4000 Web Address: www.osceolataxcorJector.org Osceola County Property Appraiser's Office Mailing Address: 2505 E lrlo Bronson Memorial Hwy, Kissimmee, FL 34744 Telephone: 407-343-3700 Web Address: www.property-appraiser.org Osceola County Clerk of the Courts' Office Mailirig Address: 2 Courthouse Square, Suite 2000, Kissimmee, FL 34741 Telephone: 407-343-3500 v:ab Address: www.osceolaclerk.com B. Tangible Personal Property Taxes With regard to vacation home rentals, the term tangible personal property taxes refers to ad valorem taxes on the assessed value of furniture, fixtures, and equipment located in the business rental dwelling. As with any other business, the owner is required to file a Tangible Personal Property Tax Return EACH YEAR by April 1st. A Tangible Personal Property Tax Exemption is available for tangible property that is valued less than $25,000. However, the property owner is required to file a Tangible Personal Property Tax Return to qualify for the exemption. The Tangible Personal Property Tax Return must be mailed to the Property Appraiser of the county in which the furnished rental unit is located. Just like ad valorem real estate taxes, ad valorem taxes on tangible personal st property are levied annually and assessments are made each January 1 • The ad valorem tax roll is also certified to the Tax Collector by the Property Appraiser, who determines the assessed value of property. The Board of County Commissioners, School Board, municipalities, and other ad valorem taxing bodies set the millage rates for such property within their boundaries. The millage rate is the dollar amount to be paid in taxes for every $1,000 of appraised valuation. A mill is equal to 1 tenth of 1 percent. What happens when tangible personal propert.y taxes are not paid? Answer: A tax warrant is issued. April 6, 2010 www.PolkTaxes.com 8 ATTACHMENT 5 Unpaid Tangible Personal Property taxes become delinquent on April 1st of the next year. Tax warrants are issued in May on all unpaid tangible personal property taxes. Failure to pay could result in the loss of your property... Within 30 days of the issue of the warrant, the Tax Collector may apply to the Circuit Court for an order directing levy and seizure of the property for the amount of unpaid taxes and costs. What you need to do... • To make sure you or your property manager get your tax assessment and tax notice mailings, make sure your correct mailing address, or the correct mailing address of your management company, is on file with the Property Appraiser's Office. • Make sure that you or your property manager receives a property tax notice no later than th November 15 • • Pay your tangible personal property taxes on time. Please refer to the resources listed in the previous Real Estate Property Taxes Section. C. State Resort Dwelling License Prior to engaging in regular vacation home rentals, the rental property must have a resort dwelling license from the Florida Department of Business and Professional Regulation, Division of Hotels & Restaurants. A resort dwelling is any individually or collectively owned one-family, two-family, three-family, or four family dwelling house or dwelling unit which is rented 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 for periods of less than 30 days or one calendar month, whichever is less. Florida Department of Business and Professional Regulation, Division of Hotels & Restaurants inspects the dwelling prior to issuing the state license and conducts period inspection thereafter. What happens when if a dwelling rental license is not obtained? Answer: The vacation homeowner is subject to a criminal penalty of up to 60 days in jail, including a $500 fine. April 6, 2010 www.PolkTaxes.com 9 ATTACHM·ENT 5 RE'SOURCES: ST ATE RESORT DWELLING UCENfu._E F.LORIDA DEPARTMENT OF BUSINESS ~ PROFESSIONAL REGULATION Division of Hotels & Restaurants Mailing Address: 1940 North Monroe St., Tallahassee, FL 32399 Telephone: 850-487-1395 Web Address: www.myflorida.com/dbpr/ DISTRICT III OFFICE {TAMPA REGION) Serving Polk County Mailing Address: 3725 W Grace St, Bromley Bldg, Suite 520, Tampa, FL 36607• 822 Dl~TRICT IV OFFICE (O~LANOO REGiON) Serving Lake, Orange and Osceola Counties Mailing Address: 400 W Robinson St, Suite B02, Hurston Bldg. North Tower, Orlando, FL 32801-1757 D. Local Business Taxes The annual payment of a local business tax is often required for the privilege of doing business in a Florida Previously the lt>cal county and/or municipality. Payment is required prior to business tax receipt was engaging in any rental activity. Upon payment, a local referred to as a local business tax receipt is issued and should be occupational license, appropriately displayed at the dwelling location. Local business tax requirements and payment amounts may significantly vary, depending on the governing county and, when applicable, municipality. For example, each vacation rental dwelling in Polk County, Florida is required to have a local business tax receipt, while similar rental dwellings in other counties or municipalities may not be required to have a local business tax receipt or only their management company has a local business tax receipt. When counties require the payment of local If a rental dwelling hs located business taxes, the Tax Collector administers the . within a ·municipality's jurisdiction, both a county and tax program and collects the taxes due. When a municipal local business tax municipality requires payment of local business . receipt may be required. taxes, it may identify one of its departments or an ---'------' agency to administer local business tax collections. In any case, the vacation home owner or their property manager should contact the Tax Collector, and, when applicable, the municipality, to find out their local business tax requirements. Prior to obtaining a local business tax receipt, proof of a vacation rental dwelling license from the Florida Department of Business and Professional Regulation, Division of Hotels & Restaurants is required. In some cases, local governing authorities may also require proof of compliance in areas such as zoning and fire prevention regulations. April 6, 2010 www.PolkTaxes.com 1o ATTACHMENT D What happens when a local business tax receipt is not obtained'? Answer: The penalties also vary by local government jurisdiction. In some counties and municipalities, the vacation homeowner may be subject to a criminal penalty of up to 60 days in jail, including a $500 fine. In the remaining counties and municipalities other criminal penalties, civil actions, delinquent regulatory costs and/or code enforcement proceedings may be applied, resulting in significant costs to the vacation homeowner. POLK COUNTY Polk County Tax Collector's Office • Economic Development Support Services Mailing Address: PO Box 2016, Bartow, FL 33831-2016 Telephone: 863-534-4731 Email Address: [email protected] Web Address: www.PolkTaxes.com Note: If your business and/or rental properties are operating within a municipality of Polk County, contact the municipal government to determine local business tax requirements. LAKE COUNTY Lake County Tax Collector's Office Mailing Address: PO Box 327, Tavares. FL 32778 Telephone: 352-343-9740 Web Address: www.laketax.com Note: If your business and/or rental properties are operating within a municipality located inside Lake County, contact your municipal govemment to find out if they also have a local business tax requirement. ORANGE COUfll,:Y_. Orange County Tax Collector's Office Mailing Address: PO Box 2551, Orlando, FL 32802 Telephone: 407-836-2700 Web Address: www.octaxcol.com Note: If your business and/or rental properties are operating within a municipality located inside Orange County, contact your municipal government to find out if they also have a local business tax requirement. OSCEOLA COUNTY Osceola County Tax Collector's Office Mailing Address: 2501 E lr1o Bronson Memorial Hwy, Kissimmee, FL 34744 Telephone: 407-742-4000 Web Address: www .osceolataxcollector ,org Note: If your business and/or rental properties are operating within a municipality located inside Osceola County, contact your municipal government to find out if they also have a local business tax requirement. E. State Sales Taxes Florida sales tax applies to the rental or lease of a vacation rental dwelling. The sales tax is added to the price of the vacation home rental and is collected from the purchaser at the time of sale. Florida's general sales tax rate is 6 percent. April 6, 2010 www.PolkTaxes.com 11 lTTACHMENT 5 Prior to engaging in the vacation home rental business, the vacation homeowner must be registered as a sales tax dealer with the Florida Department of Revenue. Additionally, the property manager must be be registered as a sales tax dealer with the Florida Department of Revenue. Additional sales tax rates ... . Many, but not all, Florida counties also impose a discretionary sales surtax, sometimes referred to as a county tax. The discretionary sales surtax is a county imposed tax and varies from county to county. Sales tax dealers must collect the applicable county discretionary sales surtax along with the 6 percent state sales tax and remit both taxes to the Florida Department of Revenue . Note: County discretionary sales surtax rates are available from the Department of Revenue. What happens when sales taxes are not paid? Answer: A failure to file a return and remit sales taxes on a timely basis will result in the vacation home owner being liable for 100% of the actual tax amount due, plus penalties and interest. In the case of a false or fraudulent return or a willful attempt to evade payment of the sales taxes due, the vacation homeowner and/or property manager shall be subject to a criminal penalty of up to one year in jail and be liable for a specific penalty of Two Hund red Percent (200%) of the tax bill. FLORIDA DEPARTMENT OF Rl;VJ;NUE General Tax Administration, Taxpayer Services Mailing Address: 1379 Blountstown Hwy, Tallahassee, FL 32304-2716 Telephone: Toll Free 800-352-3671 or 850-488-6800 Web Address: www.myflorida.com/dor/ L!l,KEL,AND SERVICE CENTER Mailing Address: 115 S. Missouri Ave., Suite 202, Lakeland, FL 33815-4601 Telephone: B63~99-2260 ·.r,tAITLAND SERVICE CENTER Mailing Address: 2301 Maitland Center Pkwy, Maitland 200 Bldg, suite 200, Maitland, Fl 32751 Telephone: 407-475-1200 F. Tourist Development Taxes Vacation rental home owners are also responsible for paying tourist development taxes. Tourist development taxes are also known as a "resort taxes" or "bed taxes." The tourist development tax is a tax on the to1al rental amount received from the purchaser of a rental accommodation for a period of six (6) months or April 6, 2010 www.PolkTaxes.com 12 ATTACHMENT D less. Basically, the tourist development tax is an "add on" sales tax that is derived from the same laws governing state sales taxes. Like the discretionary state sales surtax or "county sales tax," many, but not all, Florida counties have ~% adopted a tourist development tax and, as such, 4% these tax rates vary from county to county. 6%, However, tourist development taxes are remitted to the designated local administrator. The local administrator can vary from county to county. For example, in Polk County the local administrator is the Tax Collector, while in Orange County the local administrator is the Comptroller. Note: Local tourist development tax administrators for Polk, Osceola, Lake and Orange Counties are referenced in Section VI of this publication. For tourist development tax administrators in other Florida counties, contact the applicable regional Department of Revenue Service Center. What happens when sales taxes are not paid? Answer: Like state sales taxes, a failure to file a return and remit sales taxes on a timely basis will result in the vacation home owner being liable for the estimated tourist development taxes due, plus penalties and interest. In the case of a false or fraudulent return or a willful attempt to evade payment of the tourist development taxes due, the vacation homeowner and/or property manager shall be subject to a criminal penalty of up to one year in jail and be liable for a specific penalty of Two Hundred Percent (200%) of the tax bill. Administrative Advisories Can Help You Understand Tourist Development Taxes The Tax Collec.tor's Offrce issues Administrative Advisories )n order to provide additronal information. ~larify, or funher define specific issues within Tounst Development Tax program admmistratIor,_ To t~v,ew these .Adminii:,trative Advisories, go to www.polktaxtis.co•n and !Scroll over Tourist Development Taxes on the Mam Men\.l for 1he link. -~ :~s: TOURIST .DEVELOPMENT TAXES ! POLK CQUNTY Polk County Tax Collector's Office • Economic Development Support Services Mailing Address: PO Box 2016, Bartow, FL 33831-2016 Telephone: 863-634-4731 Email Address: [email protected] Web Address: www.PolkTaxes.com LAKE COUNTr Lake County Tax Collector',:; Office Mailing Address: PO Box 327, Tavares, FL 32778 Telephone: 352-343-9740 Web Address: www.lakehix.com ORANGE COUNT1 Orange County Tax Collector's Office Mailing Address: PO Box 2551, Orlando, FL 32802 Telephone: 407~36-2700 Web Addre ss: www.octaxcol.com April 6, 2010 www.PolkTaxes.com 13 ATTACHMENT 5 l)SCEOLA COUNTY Osceola County Tax Collector's Office (Remittances) Mailing Address: 2501 E lrlo Bronson Memorial Hwy, Kissimmee, FL 34744 Telephone: 407-742-4000 Web Address: www.osceolataxcollector.org Osceola County Board of County Commissioners, Audit Department (Auditing) Mailing Address: PO Box 423066, Kissimmee, FL 34742 Telephone: 407-343-6400 Web Address: www.osceola.org G. Federal Income Taxes Complying with federal income taxes can be very complicated ard tax determinations may vary widely depending on such matters as business type or status, as well as income level, etc. When and where income tax returns are filed can also vary according to the taxpayer's situation. Vacation homeowners are advised to consult with tax professionals or seek advice from the Internal Revenue Service before filing their federal income tax returns. Generally, U.S. citizens who are vacation rental homeowners are required file a federal income tax return with the Internal Revenue Service. Capital gains income or the profit from the sale of a vacation rental home must also be reported to the Internal Revenue Service. Many vacation rental homeowners are owned by foreigners. Foreign vacation rental homeowners must obtain an Individual Tax Identification Number (ITIN) from the Internal Revenue Service, as well as file their income tax returns with that agency. Withholding requirements also apply to foreign owners upon the sale of their real property. What happens when sales taxes are not paid? Answer: Failing to file the required returns and pay the taxes due may result in criminal prosecution and/or civil penalties. UNITED STATES INTERNAL REVENUE SERVICE Income Taxes Telephone: Toll Free 800-829-4933 Web Address: www.irs.gov LAKELAND AS&ISTANCE CENTER Malling Address: 2133 Harden Blvc Telephone; 863-904-3399 MAITlANCI/ORLANDQ ASSISTANCE CENTER Malling Address; 850 Trafalgar Ct, Maitland, FL 32751 Telephone: 407-660-5830 April 6, 2010 www.PolkTaxes.com 14 ATTACHMENT 5 Managing your vac.at,ion rental home involves more than a financial investment. Your rental property is likely to be in a residenUal neighborhood. Be a good neighbor and avoid citations! IV. Managing vacation home rentals in neighborhoods A. County and municipal codes Vacation rental homes are usually located in residential neighborhoods. These neighborhoods may be located in specific areas where county or municipal zoning requirements affect or limit vacation rental home operations. In certain cases residential zoning requirements may not allow vacation home rental homes to operate. Other code requirements may involve or restrict certain activities, noises, conditions of the property, or hazards, etc. Prior to engaging in vacation rental home activities, the owner or their property manager should check with their county or municipal zoning officials to determine the established requirements for the property in question. What happens when local codes are not adhered to? Answer: Failing to comply with local codes can result in the vacation home owner being subject civil hearings. Depending on the local governing authority, such hearings may be held before a hearing officer, go to a code enforcement board and/or eventually be heard by the local governing commission. If a violation has been found, significant monetary fines may be imposed. POLK COUNTY Polk County Board of County Commissioners, Code Enforcement Division Mailing Address: PO Box 9005, Drawer CS03, Bartow, FL 3831-9005 Telephone: 863-534-6054 Web Address: www.polk-county.net Note: If your business and/or rental properties are operating within a municipality of Polk County, contact the municipal government to determine the applicable codes. April 6, 2010 www.PolkTaxes.com 15 ATTACHMf.NT 5 LAKE COUNTY Lake County Board of County Commissioners, Code Enforcement S ervlces Mailing Address: PO Box 7800, Tavares, FL 32778-7800 Telephone: 352-343-9639 Web Address: www.lakegovemment.com Note: If your business and/or rental properties are operating within a municipality localed inside Lake County, contact your municipal government to find out about their municipal requirements. ORA'NGE C.OUNt'V · · Orange County Board of County Commissioners, Code Enforcement Division Mailing Address: 2450 W 33rd St. Second Floor, Orlando, FL 32839 Telephone: 407-a36-3111 Web Address: www.ornagecountyft.net Note: If your business and/or rental properties are operating within a municipality located Inside Orange County, contact your municipal government to find out about their municipal requirements. C,$CEOLA· COIJNTY Osceola County Board of County Commissioners, Zoning and Code Enforcement Mailing Address: 1 Courthouse Sq, Suite 1400, Kissimmee, FL 34741 Telephone: 407-343-3400 Web Address: www.osceola.org Note: If your business and/or rental properties are operating within a municlpallty located inside Osceola County, contact your municipal government to find out about their municipal requirements. B. Law enforcement Vacation rental homes, as with any visitor accommodation, can be targets of opportunity for criminals. As such, it is important to know when to call for help and which law enforcement agency provides service to your vacation home. If a vacation homeowner or their guest has an · In the·----- "Four Corners''- -- -· emergency, they should use the telephone and dial 911. • area, the S/Jeriffs of Polk, The 911 call center will identify the appropriate law Osceola. Lake and , enforcement agency to respond. For non emergencies, Orange Counties have entered Into lnterloca/ please check on the following: If the rental home is agreements ta better located within a municipality, it may have a police coordinate their law department that provides law enforcement enforcement ser,ices. services for your rental property; if your rental property is located outside municipal limits, your law enforcement service provider will be the Sheriffs Office. The Sheriff's Office or municipal police department may also provide educational or awareness programs that can help you better protect your vacation rental home property and the well being of your rental home guests. To find out more contact, the local law enforcement agency serving your rental property. Many vacation homes are or become equipped with security alarm systems. Law enforcement agencies serving in the Central Florida will respond to security alarms based on established priorities. Note: The local governing authority, such as the county commission or municipal council, may limit the number of false alarms that can occur at a specific location in a set time period and a cost or charge may be incurred for each occurrence. For more information on false alarm policies, contact the applicable county or municipal government. April 6, 2010 www.PolkTaxes.com 16 ATT-ACHME-NT 5 Remember your vacation rental home needs to be a good neighbor. While your rental home guests are on vacation or "holiday" they need be apprised of and comply with the all federal, state and local la\11/S. POLK COUNTY Polk County Sheriff's Office Mailing Address: 455 N Broadway Ave, Bartow, FL 33830 Telephone: Emergencies Only Dial 911 Non-Emergencies Dial Toll Free 800-226-0344 or 863-533-0344 Web Address: www.polksheriff.org Note: If your business and/or rental properties are operating within a municipality located inside Polk County, dial 911 for emergencies or for non-emergencies contact the applicable municipal police or law enforcement department. LAKE COUNTY Lake County Sheriff's Office Mailing Address: 360 W Ruby St. Tavares, FL 32778 Telephone: Emergencies Only Dial 911 Non-Emergencies Dial 352-343-9500 Web Address: www.lcso.org Note: If your business end/or rental properties are operating within a municipality locBted inside Lake County, dial 911 for emergencies or for non-emergencies contact the applicable municipal police or law enforcement department. ORANGE COUNTY Orange County Sheriff's Office Mailing Address: 2500 W Colonial Dr, Orlando, FL 32804 Telephone: Emergencies Only Dial 911 Non-Emergencies Dial 407-a63-4357 Web Address: www.ocso.com Note: If your business and/or rental properties are operating within a municipality located inside Orange County, dial 911 for emergencies or for non-emergencies contact the applicable municipal police or law enforcement department. OSCEOLA COUNTY Osceola County Sheriff's Office Mailing Address: 2601 E lrlo Bronson Memorial Hwy, Kissimmee, FL 34744 Telephone: Emergencies Only Dial 911 Non-Emergencies Dial 407-348-2222 Web Address: www.osceola.org/index.cfm?isFuses=departmenUSheriff Note: If your business and/or rental properties are operating within a municipality located inside Osceola County, dial 911 for emergencies or for non-emergencies contact the applicable municipal police or law enforcement department. C. Fire and emergency management services Fire and other types of emergency services are important to vacation homeowners and their guests. Therefore it is a good idea to know when to call for help and which fire and emergency services are available for your vacation home. If a vacation homeowner or their guest has an emergency, they should use the telephone and dial 911. The 911 call center will identify the appropriate fire or emergency service agency to respond. April 6, 2010 www.PolkTaxes.com 17 ATTACHMENT O Note: If the rental home is located within a municipality, it may have a fire department, paramedics, ambulance or other emergency responders provide services to your rental property. If your rental property is located outside municipal limits, the county will provide similar emergency services to your rental property. Fire and emergency service agencies may also provide educational or awareness programs that can help you better prevent fires and prepare for certain types of emergencies, such as weather related events. To find out more, contact the fire and emergency response agencies serving your rental property. Many vacation homes are or become equipped with fire or environment alarm systems. Fire and emergency service agencies in the Central Florida will respond to these alarms based on established priorities. POLK COUNTY Polk County Board of County Commissioners, Fire Services Mailing Address: 250 Bartow Air Base, Bartow, FL 33880 Telephone: Emergencies Only Dial 911 Non-Emergencies Dial 863-519-7350 Web Address: www.polk-county.net Polk County Board of County Commissioners, Emergency Management Mailing Address: 1295 Brice Blvd, Bartow, FL 33830 Telephone: Emergencies Only Dial 911 Non-Emergencies Dial 863-534-5600 Web Address: www.polk-county.net Note: If your business and/or rental properties are operating within a municipality located inside Polk County, dial 911 for emergencies or for non-emergencies contact the applicable municipal government to find out about their fire and emergency services. LAKE COUNTY Lake County Board of County Commissioner$, Public Safety Department Mailing Address: PO Box 7800, Tavares, FL 32778-7800 Telephone: Emergencies Only Dial 911 Non-Emergencies Dial 352-343-9458 Web Address: www.lakegovemment.com Note: If your business and/or rental properties are operating within a munlcipality located inside Lake County, dial 911 for emergencies or for non-emergencies contact the applicable municipal government to find out about their fire and emergency services. OPANGE COUNTY Orange County Board of County Commissioners, , Fire Rescue Headquarters Mailing Address: PO Box 5879, Winter Park, FL 32793 Telephone: Emergencies Only Dial 911 Non-Emergencies Dial 407-836-9111 Web Address: www.ornagecountyfl.net Orange County Board of County Commissioners, Office of Emergency Management Mailing Address: PO Box 5879, Winter Park, FL 32793 Telephone: Emergencies Only Dial 911 Non-Emergencies Dial 407-836-9140 Web Address: www.omagecountyfl.net Note: If your business and/or rental properties are operating within a municipality located inside Orange County , dial 91 1 for emergencies or for non-emergencies contact the applicable municipal government to find out about their fire and emergency services. April 6, 2010 www.PolkTaxes.com 18 ATTACHMfNT 5 O~CEOLA COUNTY Osceola County Board of County Commissioners, Emergency Services Office (Includes Fire Rescue) Mailing Address: 320 N Beaumont Ave, Public Safety Building. Kissimmee, FL 34 741 Telephone: Emergencies Only Dial 911 Non-Emergencies Dial 407-343-7000 Web Address: www.osceola.org Nole: Jf your business and/or rental properties are operating within a mun lcipality located inside Osceola County, dial 911 for emergencies or for non~mergencies contact the applicable municipal government to find out about their fire and emergency services. D. Utilities There are a number of water and sewer service providers in the Central Florida area. In many cases, these services are provided to your rental property by a local governing authority. Many of utility providers have programs to promote customer savings through conservation or efficiency measures. To find out more contact your local utility provider. About water use restrictions ... Throughout Central Florida water is a natural attraction and a precious resource. The state has established water management districts to preserve and protect our water resources. In many places, the regional water management district has instituted water use restrictions. In some cases, a county or municipality has adopted even tougher water use restrictions. To find out more, contact your county or municipal water service provider. POLK COUNTY Polk County Board of County Commissioners, Utilities Department Mailing Address: PO Box 2019, Bartow, FL 33831 -2019 Telephone: 863-298-4100 Web Address: www.polk-county.net Note: If your business and/or rental properties are served by a municipality or some other service provider located inside Polk County, contact the applicable municipal utility department or provider serving your area. For a listing of the municipal utility or company serving your area visit http://www.floridapsc.com/utilities/ online. LAKE COUNTY There are a number of water and sewer service providers operating in Osceola County. For a Ii sting of the municipal utility or company serving your area visit http://www.floridapsc.com/utilities/ online. ORANGE GOUNTV Orange County Board of County Commissioners, Water Division Mailing Address: 9150 Curry Ford Rd, 3rd Floor, Utilities Administration Bldg, Orlando, FL 32825 Telephone: 407-254-9850 Web Address: www.orangcountyfl.net Note: If your business and/or rental properties are served by a municipality or some other service provider located inside Orange County, contact the applicable munlclpal utility department or provider serving your area. For a llstlng of the municipal utility or company serving your area visit http://www.floridapsc.com/utilities/ online. April 6, 2010 www.PolkTaxes.com 19 AnACHMENT 5 Olt~EOLA COUNTY There are a number of water and sewer service providers operating in Osceola County. For a listing of the municipal I utlllty or company serving your area visit http://www.floridapsc.com/utilities/ online. E. Waste management· There are a number of waste management service providers in the Central Florida area. Garbage collection services are generally provided by local governing authorities or private contractors hired by the local governing authority. In these cases, waste management service costs are paid for by the vacation homeowner when they remit their real estate property taxes to the Tax Collector. To find out more, contact your county or municipal waste management office. Note: In some isolated cases, when no government waste management service is available or utilized, a vacation home owner may have to contract directly with a private waste management or garbage collection service. POLK CO_UNTY Polk County Board of County Commissioners, Solid Waste Division Mailing Address: 10 Environmental Loop, Winter Haven, FL 33880 Telephone: 863-284-4319 Web Address: www.polk-county.net Note: If your business and/or rental properties are served by a municipality or some other service provider located inside Polk County, contact the applicable municipal utility department or provider serving your area. LAKE CO.l,INTY ' Lake County Board of County Commissioners, Solld Wasta Management Mailing Address: PO Box 7800, Tavares, FL 32778 Telephone: 352-343-3776 Web Address: www.lakegovernment.com Note: If your business and/or rental properties are cerved by a munlclpality or some other service provider located Inside Lake County, contact the applicable municipal utillty department or provider serving your area. ORANGE COUNTY Orange County Board of County Commissioners, Solid Waste Division MalUng Address: 5901 Young Pine Rd, Orland, FL 32829 Telephone: 407-836-6600 Web Address: www.orangecountyfl.net Note: If your business and/or rental properties are served by a munlclpallty or some other service provider located Inside Orange County, contact the applicable municipal utility department or provider serving your area. OSCE.:>LA C'O_UNTY Osceola County Board of County Comm lssloners, So lld Waste Department MalUng Address: 750 S Bass Rd, Kissimmee, FL 34741 Telephone: 407-962-1100 Web Address: www.osceola.org Note: If your business and/or rental properties are served by a munlclpallty or some other service provider located Inside Oseola County, contact the applicable municipal utility department or provider serving your area. April 6, 2010 www.PolkTaxes.com ATTACHMENT F. Deed restrictions and homeowners associations Chances are your vacation home is in a deed restricted community and governed by a homeowners' association. If this is the case, prior to purchasing your home, you should have been apprised by the previous owner, the sales professional, your attorney or closing agent, etc., about specific deed restrictions and/or the existence of a homeowners association and its bylaws. Some deed restrictions ban or significantly restrict vacation rental home activities. To determine any such restrictions, refer to your property deed and accompanying documents. In some cases, homeowners associations and their bylaws or governing documents do not allow member homes to be used for short-term rentals or severely limit such activities. Additionally, homeowners associations generally charge mandatory annual, biannual, quarterly or monthly dues, in some case they can even charge special assessment, which can vary widely depending on the association's bylaws and the actions of the governing board. What happens when dead restrictions or homeowners bylaws are not adhered to? Answer: Failing to adhere to deed restrictions may result in code violation or other local government action. Failing to adhere to deed restrictions or homeowners' association bylaws may result in warnings, the application of costly penalties, subsequent civil arbitration or even court action. Please refer to materials provided to you at the closing of your property. April 6, 2010 www.PolkTaxes.com 21 ATTACHMENT 5 ATRUE COPY CERTIFICATION ON LAST PAGE ORDINANCE 2015- 014 J.R. SMITH, CLERK AN ORDINANCE OF INDIAN RlVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 912, SINGLE FAMILY DEVELOPMENT; BY AMENDING SECTION 901.03, ESTABLISHING THE DEFINITION FOR "VACATION RENTAL"; BY AMENDING GENERAL PROVISIONS SECTION 911.15(4), PARKING OR STORAGE OF VEHICLES; AND BY AMENDING SINGLE-FAMILY DEVELOPMENT SECTION 912.17(2), PARKING OR STORAGE OF VEHICLES; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 912, SINGLE-FAMILY DEVELOPMENT, BE AMENDED AS FOLLOWS: SECTION#l: Amend LDR Section 901.03, To Establish a Definition of "Vacation rental"; as follows: Vacation rental: 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. SECTION#2: Amend LDR General Provisions Section 911.15(4), on Parking or storage of vehicles, as follows: (4) Parking or storage ofvehicles. (a) Parking or storage ofjunk vehicles. No junk vehicle shall be parked, and no motor vehicle frame, vehicle body, or vehicle body part shall be stored on residentially zoned or used property unless expressly permitted by this chapter, except when parked or stored in a completely enclosed garage or building. In any agricultural district, one such vehicle is permitted in the rear yard, completely screened from view of neighboring homes and properties. (b) Parking or storage ofautomobiles . A Except as provided in sub-sections 1. - 3. below, !_maxim.wn of three (3) automobiles (not including recreational vehicles) may be parked in 8ft l:Hlenofosed area outside of a carport or garage on a single-family zoned lot. However, one additional vehicle for each licensed driver pennanently residing at the premises may be parked on the lot. No automobile may be parked or stored in any required yard area except in a designated and improved or stabilized driveway. The limitations on the number of automobiles parked outside of a carport or garage f)fo¥isions of this seeaoe. shall not preclude the parking of automobiles by persons visiting a single family home. Bold Underline: Additions to Ordinance AffACMM£1f 1 1 SmlED throogltl Deleted Text ftom Existing Ordinance F:\Community Dcvelopment\CurDev\Ordinances\20150rdinances\Vacation Rentals\BCC9·22-IS.doc A TRUE COPY CERTIFICATION ON LAST PAGE ORDINANCE 2015-~4 J.R. SMITH, CLERK 1. For a vacation rental that has a camort or garage, the number of automobiles that may be parked outside of a carport or garage shall be limited to one automobile per bedroom not to exceed a total of five (5) automobiles parked outside the camort or garage. Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required yard area. 2. For a vacation rental that has no camort or garage, the total number of automobiles parked shall be limited to two automobiles plus one automobile per bedroom not to exceed a total of five (5) automobiles parked on site. Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required yard area. 3. 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. SECTION#3: Amend LDR Single-Family Development Section 912.17(2), on Parking or storage of vehicles, as follows: (2) Parking or storage ofvehicles. (a) Par_king or storage ofjunk vehicles. No junk vehicle shall be parked, and no motor vehicle frame, vehicle body, or vehicle body part shall be stored on residentially zoned or used property unless expressly permitted by this chapter, except when parked or stored in a completely enclosed garage or building. In any agricultural district, one such vehicle is permitted in the rear yard, completely screened from view of neighboring homes and properties. (b) Parking or storage ofautomobiles . A Except as provided in sub-sections 1. - 3. below, !!,.maximum of three (3) automobiles (not including recreational vehicles) may be parked in aa tmeaelosed 8.fea outside of a carport or garage on a single-family zoned lot. However, one additional vehicle for each licensed driver permanently residing at the premises may be parked on the lot. No automobile may be parked or stored in any required yard area except in a designated and improved or stabilized driveway. The limitations on the number of automobiles parked outside of a carport and garage pre"lisieHs of ta.is seetioa shall not preclude the parking of automobiles by persons visiting a single-family home. 1. For a vacation rental that has a carport or garage, the number of automobiles that may be parked outside of a carport or garage shall be limited to one automobile per bedroom 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 and not within any required yard area. Bold Undtrline: Additions to Ordinance CMMa!IM' 2 Slfike tlc.f811gh: Deleted Text from Existing Ordinance ATTA · t:;ff 1 1 F:\Community Devclopment\CurDcv\Ordinances\20150rdinances\Vacation Rentals\BCC9-22-1S.doc A TRUE COPY ORDINANCE 2015-.oJ..4..... CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK . 2. For a vacation rental that has no carport or garage, the total number of automobiles parked shall be limited to two automobiles plus one automobile per bedroom not to exceed a total of five (5) automobiles parked on site. Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required yard area. 3. 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. SECTION #4: 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 if such invalid portion thereof had not been incorporated therein. SECTION #5: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to 11section", "article", or any other appropriate word. SECTION #7: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press-Journal on the 4th day of sept~015, for a public hearing to be held on the 22nd day of September , 2015, at which time it was moved for adoption by Commissioner o I BJ:yan , seconded by Commissioner Sol ari , and adopted by the following vote: Chairman Wesley S. Davis ~A.~VF.~--- Vice Chairman Bob Solari AYE- - --- Commissioner Joseph E. FlescherA_YE___ _ Commissioner Tim Zorc AYE ==----- Commissioner Peter D. O'Bryan =A=YE=---- Bold Underline: Additions to Ordinance 3 Skilee tilfo11gh: Deleted Text from Existing Ordinance ATTACHMltrf' F:\Community Development\CurDev\Ordinances\2015Ordinanccs\Vacation Rcntals\BCC9-22-15.doc 1 ORDINANCE 2015-...fil.4... BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this ...1.3.th day of October , 2015. ..~f.fqM~).r~ BY: ~d k:----- /4~.... ···~~ ·. Wesley S. Davis, Chairman ,:· ~ ·~ ; ·);L{TTEST: Jeffrey R. Smith, Clerk of Court and Comptroller 2l ., \i\~-.. -~p _J A ~ ,'1:f;;c,.. ···•·~~~ BY: --~"=='...... ____ =...:===------...... !!~~..-, Deputy Clerk This ordinance was filed with the Department of State on the following date: ______ ~VWALSUFFICIENCY STATE OF FLORIDA 'Dylan Reingold, County Attorney INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THJS IS A TRUE AND CORRECT COPY OF APPROVED AS TO PLANNING MATTERS TrlE ORIGINAL ON FILE IN THIQ .. . _OFFICE. ~ ~ ...... ~-8,,CLERI< ~•' ti~ ..\\Ml .... ~,i,,••~•• ~ () en--_ o.c unity Development Director ..~.·· :rt.. /O d..015"' ;~,...... ~ ... . I/_C.,. ~ '*" ,;f\ • . \: i: \ ' .:~! \ •• :gf: \~·-.. :. .t .•··~•• § ..~,S,r,,' ...... ::i..~-- •• -.,.. 'ill/ER cou-.,,,•• .. -...... Bold Underline: Additions to Ordinance ..., SlrilEe lhfougli: Deleted Tm from Existing Ordinance ATTACH Min I 4 F:\Community Development\CurDev\Ordinances\201 SOrdinanccs\Vacation Rentals\BCC9-22-I S.doc 1 VACATION RENTALS Indian River County [November 2015] Vacation rentals (residential units rented-out or offered for rent for a period ofless than 30 days) are allowed in unincorporated Indian River County, subject to the following: 1. State license from Florida Department of Revenue: 850-487-1395 or www.myfloridalicense.com/dbpr 2. Local Business Tax Receipt (LBTR) from the Tax Collector of Indian River County - 1800 27th Street, Vero Beach FL, 32960 (772-226-1358 or 772-226-7343). The application is available on line at h1tn:/,"www.ircta~.t:orn/l 0_ffl.11<:;TaxApp-Ni.;wilu~t'llkl _.i~t.h1j1,l 3. Register with the Clerk of the Court for tourist development tax: 772-226-3111. 4. Compliance with Indian River County special parking regulations for vacation rentals: • Maximum number of cars parked outside a carport or garage: - Rental unit without carport or garage: 2 parking spaces plus 1 space per bedroom with a maximum total of 5 spaces - Rental unit with carport and/or garage: 1 parking space per bedroom with a maximwn total of 5 spaces. Possible Future Additional Regulations Under Review by Vacation Rental Committee: www.irc2JLY.,cf1m/J!oard-,/S'fVl?J..~~ 5. Compliance with prohibition: No single-family residence, including a vacation rental single-family unit, can be rented-out for a wedding or a similar event characterized by music, dancing, catered food, tents, outdoor tables, alcohol, or use of shuttles or valets for guests. Exemption: Agricultural property 4 acres or larger upon obtaining a temporary use permit (TUP) from County Planning. COMPLAINTS ABOUT VACATION RENTAL VIOLATIONS [ may remain anonymous] Unincorporated County: Code Enforcement Office: 772-226-1249 Report On-Line: W\.\>W.it.:£g-0v.com/vinlation,;; Report of public disturbance/nuisance: Sheriffs Office 772-569-6700 option 2 City of Vero Beach: Tom Ramsey (south zone) 772-978-4551 Melody Sanderson (north zone) 772-978-4561 On-Line: covb.org Departments/Code Enforcement ATTACHMENTS: 1) IRC Vacation Rental Code Excerpts 2) State Guide to Vacation Rentals Aff~Hlltn 2 F:\Community Development\Short Term Vacation Rentals\vr form(Nov2015version).docx Indian River County Vacation Rental Regulations [Fall 2015] Vacation rental: 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 3 0 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. [901.03] Vacation Rental Special Parking Regulations 1. For a vacation rental that has a carport or garage, the number of automobiles that may be parked outside of a carport or garage shall be limited to one automobile per bedroom 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 and not within any required yard area. 2. For a vacation rental that has no carport or garage, the total number of automobiles parked shall be limited to two automobiles plus one automobile per bedroom not to exceed a total of fiye (5) automobiles parked on site. Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required yard area. 3. 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. [911.15(4); repeated in 912.17(2)] Reference: Ordinance2015-0l4; Code (LDR) sections 901.03, 911.15(4), 912.17(2) Commercial Event at Residence Prohibited "Commercial event at residence": a gathering of people for a celebration that may include but not be limited to a: birthday, anniversary, wedding, reunion or sporting event characterized by music (live or recorded), dancing, catered food, tents, outdoor tables, alcohol or use of shuttles or valet for guest. 1. Held or occurring at single family residence. 2. Leased by the owner or the owner's agent for consideration in exchange for holding the event at the residence. (8) - Prohibition ofcommercial event at residence (a) As defined in 901.03, it shall be a violation of this code for any owner to lease a single family residence as a location for a commercial event at residence to be held. It shall be prima facie evidence of a violation of this code for an owner to advertise or hold out the property to be used as a location for a commercial event at residence. (b) A commercial event at residence held at a site that is: 1. Four acres or greater in area and 2. At a site that is zoned agricultural or 3. At a site used for agricultural purposes Must first apply for and receive a Temporary Use Permit as prescribed by IRC Code Chapter 972 prior to conducting the commercial event at residence. ( c) If the owner of the property is not on the premises at the time of a commercial event at residence, it shall be a rebuttable presumption of a violation of this section. Reference: Ordinance 2015-013; Code (LDR) sections 901.03, 911.15(8), 912.18(3) C:\Users\sjohnson\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\N78NXF6W\IRCVacRenta1CodeExcerpts (002).docx Attachment 1 AflACMMINT 2 Vacation Rentals & Timeshare Projects If you operate both vacation rental condominiums and hospitals, nursing homes, assisted living facilities, The Division of Hotels and Restaurants is responsible for vacation rental dwellings, you may not combine them on sanitariums and day care centers. the same license in any of the three licensing categories. regulating public lodging establishments in Florida, which • Any place renting four rental units or less, unless the includes licensing and inspecting Vacation Rentals and Licensed Agent rental units are advertised or held out to the public to Timeshare Projects [see Chapter 509, Florida Statutes be places that are regularly rented to transients. (FS), and Chapter 61 C, Florida Administrative Code A licensed agent is someone that the property owner has (FAC)]. authorized, through a rental agreement or contract, to • Any vacation rental or timeshare project that is rented hold out the property for rent on a transient basis. The for periods of at least 30 days or 1 calendar month, Florida law defines a "Public lodging establishment" as licensed agent does not have to hold a license from the whichever is less; AND is not advertised or held out to transient public lodging establishments and non-transient Division of Real Estate. the public as a place regularly rented for periods of public lodging establishments. [Section 509.013(4), FS) less than 1 calendar month, provided that no more Only a licensed agent can hold a group or collective than four rental units within a single complex of license. A licensed agent may not hold a single license. buildings are available for rent. Transient public lodging establishment means "any The licensed agent is responsible for all violations cited unit, group of units, dwelling, building, or group of during an inspection if the violations occurred while the • Any migrant labor camp or residential migrant housing buildings within a single complex of buildings which is unit or dwelling was listed under the licensed agent (or if permitted by the Department of Health (DOH); under rented to guests more than three times in a calendar the division records list the property under the licensed Chapters 381.008-381.00895, F.S. or any mobile year for periods of less than 30 days or 1 calendar agent). home park inspected by the Department of Health month, whichever is less, or which is advertised or held (DOH) and regulated under Chapter 513, F .S. out to the public as a place regularly rented to guests." Licensing • Any nonprofit organization that operates a facility To obtain a Vacation Rental or Timeshare Project providing housing only to patients, patients' families, Vacation Rental: Vacation rentals are transient public license you need to fill out an Application for Vacation and patients' caregivers and not to the general public. lodging establishments defined ins. 509.242(1)(c), FS, Rental or Timeshare Project License. The application • Any apartment building inspected by the U.S. as: any unit or group of units in a condominium or packet is available at cooperative or any individually or collectively owned Department of Housing and Urban Development •;, t-~l'.'~ ; ll\~:,,-,-~~-'. ff_1 lfI~ ,-{~ r1.o ~~ ~.. ~.; ·t ~~-i.CtF :. 1iint:£1;-:·· }~--~q n~~=:.~ ~r, u 7 (HUD) that is designated primarily as housing for single-family, two-family, three-family or four-family .:,tBoa~r~'--=t~t ~~s¼_;~~.iii=2~" ''--·- house or dwelling unit that is also a transient public persons at least 62 years of age. This exclusion lodging establishment, but that is not a timeshare project. The Application for license must be submitted along applies to individual buildings, not entire complexes with the following items: (unless every building in the complex fits the criteria). Timeshare Project: timeshare property (as defined in A • A list of all units or houses to be licensed. ~ Any rooming house, boardinghouse, or other living or Chapter 721, F.S.) that is located in Florida and is also a sleeping facility that may not be classified as a hotel, transient public lodging establishment. (E.g., a • A completed DBPR HR-7020, Certificate of Balcony motel, apartment, timeshare project, vacation rental, timeshare property that rents by the week to guests Inspection if the units or houses are 3 or more stories nontransient apartment, bed and breakfast inn, or outside the timeshare community.) (509.242(1)(9), F.S.) in height and the railings, stairwells and/or balconies transient apartment under s. 509.242, F.S. are not in common areas. Sanitation • Appropriate Fees: Fees are based on the number of License Classifications units to be licensed. An automated fee calculator • Halls, entrances, hall/stair runners and stairways (unless common) shall be clean, ventilated, and well Vacation rentals and timeshare project licenses have and fee tables are provided on our website at lighted day and night. three different classifications (61C-1.002(4)(a), F.A.C.): tft:;~:/iVf:jl!'-,;i).fH,l:iioritHJcc~::-,~~~-~(~-f-fj/~u~~~r/t-;~•~i~~C~.-?~-,;:;r; • Single License: May include one single home or r,1;p,r.-r,t,-Ut.1M~••)~~r,,~. You also can contact the • Kitchen appliances and refrigeration equipment shall townhome, or a unit or group of units within a single Customer Contact Center at 850.487.1395 to obtain be kept clean, free from odors and in good repair. building that are operated by the owner. the correct license fee. In addition to the license fee, there is a one-time application processing fee of $50. • If dishes and glassware are provided, you must • Group License: Covers all units within a building or sanitize them between guests. (Proper warewashing group of buildings in a single complex that are licensed Licensing Exclusions requires a three-compartment sink or commercial to a licensed agent. (Multiple group licenses may be dishmachine; OR the operator must post a notice The definition of a public lodging establishment does not issued to different licensed agents for units located on informing guests that the dishes and glassware have » include (509.013(4)(b), F.S.): the same property.) not been sanitized according to public food service Collective License: Issued to a group of houses or • Any dormitory or other living or sleeping facility establishment standards. The notice must include a. maintained by a public or private school, college, or units found in separate locations that are represented the specific language on the notice available from the by the same licensed agent. (A collective license may university for the use of students, faculty, or visitors. division website at have a maximum of 75 houses or units per license and • Any facility certified or licensed and regulated by the ;·htill.,;t/1:~;~i.~,;1,:f\.d\:i}:l t~~1f:Jfu:::JTif~--:o~"fthl~~.:.·d~·~r/f:J;-;-~•~;.i-a is restricted to counties within one district.) Agency for Health Care Administration (AHCA) or the r.j if~~ L-~1HL~];: ::-~t ~:r:io~-~~1 .hirnf.) Department of Children and Families (DCF) or other • Toxic items must be property stored and labeled. I similar place regulated under s. 381.0072, F.S. E.g., Fonn HR 5025-753 DBPR Attachmont2 2015 May 19 lO • Potable water shall be supplied and adequate • Boiler Certificate required, if needed. (Not required if sanitary facilities for guests. E.g., showers, boiler is located in common area.) A water heating handwash sinks and toilets that are connected to device is considered a boiler If it exceeds any one of GUIDE TO approved plumbing. the following limits: maximum heat input of 400,000 • Water from a nonpublic system (e.g., well) shall be BTUH; water temperature of 210 degrees Fahrenheit; sampled and tested at least annually and as required water capacity of 120 gallons. by state water quality regulations. • High hazard areas like boiler rooms and laundry Vacation Rentals • The most recent sample report for the nonpublic rooms shall be kept clean and free of debris and water system shall be available upon request. flammables. and Timeshare • The kitchen sink is required to have hot and cold • At least one (1) approved locking device is required running water under pressure. that cannot be opened by a non-master guest room key on all outside and connecting doors. (Cannot be Projects • Ice making machines must use water from an a sliding chain or hook and eye type of locking approved source and shall be constructed, located, device.) installed, operated, and maintained to prevent For Florida's • Smoke alarms must be installed in every living unit. contamination of the ice. Public Lodging Establishments • lee machines for customer self-service shall be • Electrical wiring must be in good repair. protected from contamination and equipped so the • A fire extinguisher must be present, properly charged ice can be automatically dispensed. and accessible. ,,l~\,j~.: -;,,-/,i;,;.-. • Units must be kept free of vermin. •:" i • If present, fire alarm panel must have power and be ·· ~-~-~\~ ', .""i: c..· maintained. ..~ .• ,_,_. _., ~- '°\ • If provided: .,_ i - Bedding and linens, sheets and pillowcases, and Automatic fire sprinklers may be required in Vacation , . bedding items (e.g., mattresses, comforters and Rental condominiums if the majority of the rental units are located within a single buiding of three pillows) must be kept clean and in good condition. \ ...'~. .f stories or more or greater than 75 feet in height. (If - Soap must be available either individually wrapped ~" ' 50% or fewer of the units within the buUding are . ,,l'"v: or from a dispenser. :✓,.~ ~ ; rented transiently, a fire sprinkler system is not . ..: ~ , ... , ....11'-~· ~' '. - Ice buckets shaU be cleaned and sanitized required.) between each guest or be provided with a sanitary single-service food-grade liner that is changed • Specialized smoke alarms for the hearing impaired shall be available at a rate of one per every fifty daily. rental units with a maximum of five required. Division of Safety • Specialized smoke alarms for the hearing Impaired Hotels and Restaurants • A current Certificate of Balcony Inspection (DBPR HR shall be available upon request without charge. 7020) must be filed with the division every three • Must meet all local fire authority requirements. years, unless exterior balconies and stairwells are 1 "common" elements of a condominium. (For General i=1o'ida r pp;rtn'\~ntqt exemption to this requirement, the licensee must • License must be current and renewed annually. provide proof to the division that these areas are BLi si t1es~r ;. 1, common elements.) The balcony certificate is • License shall be conspicuously displayed in the office /; • I I available from the Division of Hotels and Restaurants or lobby (if available) or made available upon P website at request . ro 1es s, o t1,'a1 h~r,:/i~_,'J'AnN.r•t~jJ-;,ri~-~~i~en;-3.ct:m_~l>~T.!;1,/~c·•/'fJl ::~'I~! • Any change in the number of units must be reported 1.4i!!!J.:::J!1.t~li.:::::iions.i1tmi_; by e-mail request to the division. Rc-::9uldtio1~ submitted at ! '.\\WN.i'l'Wjkri(.P-!:r..,e".!:~.co;nA,9 ':;: t!,ct,,i::; or by phone • License is not transferrable from one place or g request to 850.487.1395. individual to another. s • Railings shall be installed on all stairways and around • If provided, baby cribs must meet safety standards all porches and steps. established by the Consumer Products Safety Commission. I • Heating and ventilation must be kept in good repair www.MyFloridaLicense.com/dbpr/hr or installed to maintain a minimum of 68 degrees !I Fahrenheit throughout the building. DBPR Form HR 5025-753 lO Attachment 2 2015 May 19