Fort Walton Beach Ordinance — 2181--Creating COO Section 1.81 Short Term Rental Requirements — reading text

f RKAD G DATE Ist 2nd ORDINANCE 2181 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA; PROVIDING FOR AUTHORITY; CREATING SECTION 8. 13 OF THE CODE OF ORDINANCES, ENTITLED SHORT-TERM VACATION RENTAL REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY AND INTENT The authority for enactment of this ordinance is pursuant to the powers vested in the City by Home Rule Authority of Section 166.021( 1) of the Florida Statutes, the provisions of Chapter 162 of the Florida Statutes, and the City Charter. SECTION 2. FINDINGS OF FACT. WHEREAS, in Section 509.032, Florida Statutes, the State Legislature has granted authority to local government to regulate the short-term vacation rental units; and WHEREAS, this Ordinance does not prohibit, nor intend to prohibit, short-term vacation rentals, nor does it regulate the frequency or duration of such rentals; and WHEREAS, short-term vacation rentals are presently located within the residential zoning districts of the City of Fort Walton Beach; and WHEREAS, the City Council has received numerous public comments over the last 5 years, at duly noticed City Council meetings, regarding the negative impact that under -regulated disruptive short-term vacation rentals have on the peace and tranquility of the City's single- family residential neighborhoods; WHEREAS, overly intensive short-term vacation rentals situated within single- family residential neighborhoods can disturb the quiet nature and atmosphere of the residential neighborhoods, and the quiet enjoyment of its residents; and WHEREAS, permanent residents within established residential neighborhoods deserve the right to tranquility and peaceful enjoyment of their home without over intrusion by an excessive number of transient occupants in the neighborhood; and WHEREAS, a residential dwelling is typically the single largest investment a family will make with the residents of the residential dwelling desiring the tranquility and peaceful enjoyment of their neighborhood without excessive noise, excessive trash, increased parking issues and traffic congestion caused by transient occupants of short -tern rentals; and  WHEREAS, according to most recent U. S. Census data, the City of Fort Walton Beach has an average household size of 2. 35 persons; and WHEREAS, the operation of some short-term vacation rentals in established neighborhoods in the City creates a huge disparity in short-term vacation rental impacts, with certain properties being marketed to host up to eighteen ( 18) times the average occupancy of an existing single- family residence, making the higher occupancy of the rental homes incompatible with established single- family residential neighborhoods; and WHEREAS, permanent residents residing within their residential dwellings are inherently familiar with the local surroundings, local weather disturbances, local hurricane evacuation plans, and means of egress from their residential dwellings, thereby minimizing potential risks to themselves and their families; and WHEREAS, in contrast to residents, transient occupants of short- term vacation rentals, due to their transient nature, are typically not familiar with local surroundings, local weather disturbances, local hurricane evacuation plans, and means of egress from the short-term vacation rentals in which they are staying, thereby increasing potential risks to themselves and their families, and putting an additional burden on, and potentially putting at risk, emergency personnel in the event of an emergency situation; and WHEREAS, utility usage by short-term vacation rentals may exceed the usage levels anticipated at the time of initial permitting as a single- family residence, creating a disparity between the connection fees or mitigation fees paid and the system impacts caused by their increased demand; and WHEREAS, the City desires to encourage short-term vacation rentals that are safe, appropriate with the character of single- family residential neighborhoods, provide positive impacts for tourism, increase property values, and achieve greater neighborhood compatibility; and WHEREAS, the City seeks to balance respect for private property rights and incompatibility concerns between the investors/ short- term vacation rentals and families/permanent single- family residences in established residential neighborhoods through the use of reasonable development standards; and WHEREAS, these regulations are deemed necessary by the City Council to preserve property values and to protect the health, safety, and general welfare of permanent residents, lot/parcel owners, investors and transient occupants and visitors alike; and WHEREAS, the application of minimum life/safety requirements to short- term vacation rentals, along with other minimum standards and requirements concerning issues such as the designation of responsible parties ensures that transient occupants are provided with a similar level of protection to that of hotels, motels, and other similar lodging establishments; and WHEREAS, because of the high occupancy and transient nature of occupants within many short-term vacation rentals, fire safety also becomes important; and  WHEREAS, site-specific short- term vacation rental standards, like minimum parking standards, solid waste handling and containment, and compliance with ordinances regulating noise, serve to maintain the decorum that exists among owners in established neighborhoods, and are better effectuated by having these same standards conveyed to transient occupants through the duration of their rental; and WHEREAS, short- term vacation rentals operate as commercial enterprises, subject to additional regulatory requirements beyond those normally required of residential structures, including business licensing by the State of Florida Department of Business and Professional Regulation's Division of Hotels and Restaurants, obtaining a local business tax receipt, and collecting and remitting various sales taxes, and TDT taxes to state and local government; and WHEREAS, a short-term vacation rental is a commercial lodging activity; and WHEREAS, some short-term vacation rentals in the City are being used exclusively as rentals by investors/ owners; and WHEREAS, this ordinance additionally establishes an enforcement mechanism for those short- term vacation rentals which do not adhere to the standards on an initial or continuing basis, with the overall goal being compliance with the standards and not punitive action; and WHEREAS, the City Council has deemed it in the best interest of its citizens and residents to adopt regulations for short- term vacation rental units; and WHEREAS, the City Council has studied this issue, reviewed regulations adopted by other jurisdictions in Florida, obtained input from the public and stakeholders, received public comment at numerous meetings prior to adopting this ordinance; and WHEREAS, the City Council has deemed it necessary to amend the existing Code of Ordinances to provide for the addition of maximum occupancy limits, parking requirements, and safety requirements for short-term vacation rentals; and WHEREAS, the City Council has determined that this ordinance is consistent with the adopted Comprehensive Plan and is in the best interest of the City and its citizens; and WHEREAS, a public hearing has been conducted by the City Council after due public notice. SECTION 3. CREATING SECTION 8. 13 OF THE FORT WALTON BEACH CODE OF ORDINANCES TITLED REGISTRATION OF SHORT-TERM VACATION RENTALS  8. 13. REGISTRATION OF SHORT- TERM VACATION RENTALS 8. 13. 01. Purpose. The City Council of the City of Fort Walton Beach recognizes that the under -re lated rental of short-term vacation rentals by seasonal residents, transient residents, and tourists uniquely impacts the citizens living and residing in the residential neighborhoods within the City of Fort Walton Beach. Therefore, it is necessary and in the interest of the public health, safety, and welfare to monitor and provide reasonable means for citizens of the City of Fort Walton Beach to mitigate impacts created by such rental of single-family dwelling units within the City of Fort Walton Beach as set forth by this article. 8. 13. 02. Defmitions. For the purpose of this article, the following terms, phrases, words, abbreviations, and their derivations shall have the meaning given herein. When consistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word " shall" is always mandatory and not merely suggestive. Words not defined shall be paven their meaning as provided in Chapter 1, Section 1. 02 Rules of Construction and Definitions, of the City of Fort Walton Beach Code of Ordinances. Advertising means any form of communication for marketing, that is used to encourage, persuade or manipulate viewers, readers or listeners into contracting for goods and/ or services as may be viewed through various media, including, but not limited to, newspapers, magazines, flyers handbills, television commercials, radio, signage, direct mail, websites, emails, or text messages. Charter Bus Service: As defined in section 6. 06. 01 of the City of Fort Walton Beach Code of Ordinances a Charter Bus Service is a type of service where buses are rented by individuals or organizations for exclusive private use. Unlike an Intercity Common Carrier Bus Service, which follows specific routes with set schedules, a Charter Bus Service is hired for specific trips. Commercial special events: Any wedding or wedding reception, spring break party, bachelor party, family reunion, class reunion, company banquet, company retreat and/ or companypicnic, or other similar event or celebration for which a property owner, property owner's agent, or occupant of the property obtains a profit, monetary compensation, event fee, or other commercial gain. Commercial special events are commercial uses, as defined herein. a. _ The holding of two or more weddings or wedding receptions at the Rremises within any given 12 -month period is prima facie evidence that the events are commercial special events or  b. The holding of two or more company banquets, retreats,, and/ or picnic at the premises within any given 12 -month period is prima facie evidence that such events are commercial special events. Commercial special event venue: Any building, structure or land that is used or occupied for one or more commercial special events within a year. The advertising of a building, structure or land for commercial special events is pnma facie evidence that the building, structure or land is a commercial special event venue. Commercial uses: Activities within land areas which are predominantly connected with the sale, rental and distribution of products, or performance of services. Evidence that a property owner or authorized