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

notification, including but not limited to evicting; tenants. 6 Maintain the entire propegy of the single- family dwelling unit free of garbage and litter. Provide however, that this section shall not prohibit the storage of garbage and litter in authorized private receptacles for collection. 8. 13. 07. General regulations/ standards. The following standards shall govern the use of an„y short-term vacation rental as a permitted use: 1) On -Site Parking Standard for Short -Term Vacation Rentals. It is a violation of this article for the transient occupants or seasonal residents of a short-term vacation rental to park vehicles on an unimproved or pervious areas located at the short- term vacation rental, and on any public right-of-ways, sidewalks, or public streets within the City of Fort Walton Beach. The lot on which the short- term vacation rental is located must provide sufficient on-site parking at all times to accommodate maximum occupancy, as calculated above in subsection ( 1), and as stated on the short-term vacation rental registration form. At least one space per two point five transient occupants or seasonal residents Q parking space per 2. 5 transient occupants or seasonal residents) shall be provided, ensuring that sufficient on- site parking is always available as if the short-term vacation rental were fully_occupied, up to the maximum occupancy stated on the short- term vacation rental registration form_ a. Garage spaces shall only count if the space is open and available, and the transient occupants are given vehicular access to the gara e. Failure to keep izarage areas usable for vehicular parking if counted towards meeting the requirement shall result in a Code violation. b. On -street parking shall not be permitted within public rights-of-way including all paved and unpaved areas adjacent to the roadways, and the roadways themselves. C. On- site parking shall not be permitted in areas not otherwise permitted for on- site parkingspaces.  d. Golf cart, LSV, RVs, and trailer parking by transient occupants or seasonal residents of a short-term vacation rental shall not be nermitted within public rights- of- w4including rights- of-w4y all paved and un aved areas adjacent to the roadways, and the roadways themselves. Golf carts., LSVs, RVs, and trailers must be parked in Rarking designated towards achieving the required on- site minimum. 2) Minimum Life/Safeq Requirements for Short -Term Vacation Rentals: a. Swimming_Pool,_Spy and Hot Tub Safety. A swimmingpool, spa or hot tub shall comply with the current standards of the Residential Swimming Pool Safety Act..F. S. ch. 515. b. Sleeping Rooms. All sleeping rooms shall meet the single- family and two- family dwelling minimum requirements of the Florida Building Code. C. Automatic Smoke Detection Requirements. All short-term vacation rental units are required to meet the requirements of Chapter 69A- 43, F.A.C. d. Fire Extineuisher. A portable, multi-ouroose dry chemical 2A: IOB: C fire extinguisher shall be installed, inspected, and maintained in accordance with NFPA 10 on each floor/level of the unit. The extin isher( s) shall be installed on the wall in an open common area or in an enclosed space with appropriate markings visibly showing the location. e. Batter Powered EmergenCE Li htin of Primag Exit. Batte powered emergencyghting which provides illumination automatically in the event of any interruption of normal lighting shall be provided for _ aperiod of not less than one hour to illuminate the primary exit. For purposes of this rgguirement, short- term vacation rentals with short- term vacation rental certificates issued prior to the enactment of the ordinance providing for the codification of this standard shall have a period of six months to demonstrate compliance with the emergency lighting standard either through affidavit or inspection. 3) Noise. It shall be unlawful to allow or make anv noise or sound which exceed the limits set forth in Chapter 9. Section 9. 06 of the Fort Walton Beach Code of Ordinances, 4) Docks/ Boat Slips. Commercial uses of docks appurtenant to anv lots located with areas of the City zoned R1 RIE or R2 are not permitted. At the time of registeringr renewing a short-term vacation rental with the City, any applicant offering dock usage or boat slips as an amenity to the transient occMants or seasonal residents occupying the short-term rental property ( whether free of charge, or as an additional cost to the transient occupants or seasonal residents) shall provide proof that both the intensity of the use and the dock size are approved by the Florida Department of Environmental Protection ( FDEP). If the  FDEP requires a dock located at a short- term vacation rental to operate pursuant to a lease as detailed in section 253. 0347 Florida Statutes then the a licant shall provide a copy of the submerged land lease to the Cily and shall also provide proof that all lease payments to the State of Florida are current. 5) Waste/ Garbage. No garbage container shall be located at the curb for pickup before 7: 00 p.m. of the day prior to pick up, and garbage container shall be removed before 7: 00 p.m. day of pickup. In addition to regular garbage services, the owner shall be required to obtain from the City one 1 trash can for eve four (4) occupants that the short-term rental vacation property is permitted to host for example a property operating under the maximum allowable number of 24 occupants must have six 6 trash cans), and to acquire s ecial valet garbage service in order to ensure all garbage is properly contained and removed, but such private valet garbage service shall not excuse continuing to accept and pay for regular waste services. 6) Whoever, without beine authorized, licensed, or invited, willfullv enters. or remains in any structure or conveyance of a single- family dwelling unit, or, having been authorized licensed or invited is warned or directed by the owner, lessee, or responsible party, to depart the single- family dwelling unit and refuses to do so, commits the offense of trespass in a structure or conveyance; 7) Recreational amenities, such as exercise facilities, hot tubs, and swimming_pools, may not be jointly shared commodities and should not be considered available for use unless the right to use such facilities is clearly stated in the rental agreement for the dwelling unit, 8) Before the hours of 7: 00 a.m. or after 10: 00 p.m., the occupancy load of the short- term vacation rental unit ma not exceed the maximum occupancy allowed number of overnight tenants. 9) Reasonable verification must be given to the designated local responsible party in accordance with section 8. 13. 06 of this article within thirty- six ( 30 hours of rental guest arrival to confirm compliance with the maximum overnight occupancy requirement. 10) All marketiniz and/ or advertisinp- for short-term vacation rental units must contain i) information concerning the maximum occupancy limit of the short-term vacation rental unit and( ii) the maximum Rarking available on the propegX. Advertising for more than the allowable occupancy or allowable parking is prima facie evidence of a violation of the City Code. Further, failure to include such. occupancy limits and maximum parking availability is prima facie evidence of a violation of the City Code. All advertising shall include the City issued short- term vacation Rental certificate Number as well any County or State issued TDT Registration Number.  f l lj Minimum provisions for short-term vacation rental agreements: Short- term vacation rentals shall be rented leased or occu ied pursuant to a written rental agreement which contains, at a minimum, the following information: a. Maximum ocpWancy of the short-term vacation rental that is consistent with the short- term vacation rental registration. b. The maximum number of vehicles that will be allowed to park at the short- term vacation rental. Such number of vehicles shall not exceed the number of legal parking spaces that the short-term vacation rental owner can show are available to the short-term vacation rental. C. A statement that all occupants must promptly evacuate from the short- term vacation rental upon posting of any evacuation order issued by state or local authorities. 8. 13. 08. Registration Fee. The City of Fort Walton Beach is authorized and shall charge reasonable fees for registration to compensate for administrative expenses. The fees for registration shall be provided for, from time to time, by resolution adopted by the City Council of the City of Fort Walton Beach. If a property owner fails to register their short-term vacation rental unit in a timely manner, fines will be imposed consistent with the schedule of fees as amended. If a property owner fails to register their short-term vacation rental unit within thirty ( 30) days of receipt of the notice to register. the property owner is subject to code enforcement proceedings. 8. 13. 09. Registration not transferable. No re istration issued under the provisions of this article shall be transferred assigned, used by any person, owner, or agent of the owner other than the one to whom it is issued, or at any location other than the one for which it is issued. No registration issued under this article creates any vested right. 8. 13. 10. Renewals and expiration of registration. All short-term vacation rental registrations issued under the provisions of this article shall be valid for a period not to exceed twelve [ 12] months and expiring on the last day of February of each calendar year; Renewal registration aoolications must meet the requirements of 8. 13. 05 of this article. Short- term vacation rental registration renewals may be renewed between January 1 and the last calendar day of February of each year. Short- term vacation rental registrations are due on or before the last calendar day of February of each year: any such renewal registration received after the last calendar day of February of each year is considered late and is subject to a late fee to be set by the City Council annually in the City's Fee Schedule until the renewal registration application is submitted to the City, and must be paid