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09/22/2015 (2)
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09/22/2015 (2)
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11/24/2015 11:08:36 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
09/22/2015
Meeting Body
Board of County Commissioners
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The proposed ordinance defines the term "vacation rental", clarifies existing parking regulations for single <br /> family residences in general, and establishes parking regulations specific to vacation rentals. As <br /> structured, the proposed "vacation rental" definition closely follows the state's definition of such use for <br /> state vacation rental dwelling licensing purposes. Thus, any unit "advertised or held out to the public" for <br /> regular rental for a period of less than 30 days will be considered a vacation rental. Consequently, the <br /> County's definition will "capture" every short term rental unit that requires a state license. <br /> As structured, the proposed ordinance clarifies the County's current regulations by referring to "carport or <br /> garage" parking areas rather than referring to enclosed or unenclosed parking areas. The proposed <br /> ordinance also establishes automobile parking maximums for vacation rentals. As currently proposed, for <br /> vacation rentals with a garage and/or carport, the maximum number of parked automobiles is the total <br /> number of garage/carport spaces plus one space per bedroom not to exceed 5 automobiles parked outside <br /> a garage/carport. For vacation rentals with no garage or carport, the current proposal limits the total <br /> number of parked automobiles to 2 plus one space per bedroom not to exceed a total of 5 automobiles on <br /> site. For all vacation rentals, all automobiles except service and delivery vehicles are required to be <br /> parked on-site and not parked within a road right-of-way except within a designated and improved or <br /> stabilized driveway(a portion of which typically lies within a road right-of-way). <br /> In addition to the parking limitations described above, a vacation rental unit may provide for "excess" <br /> parking spaces if such spaces meet parking location requirements and are visually screened from view <br /> from any adjacent public or private street by a 15' — 20' wide Type "C" landscape buffer with 6' opaque <br /> feature. As proposed, excess spaces cannot be occupied between 10 pm and 8 am, must be reviewed and <br /> approved by planning staff through the administrative approval site plan process, and must comply with <br /> standards applied by Traffic Engineering and Fire Prevention. In practice, the current proposal to allow <br /> excess spaces will be useable on larger sites, will maintain visual compatibility from the view from <br /> adjacent streets, and will accommodate larger numbers of parked automobiles thereby accommodating <br /> larger numbers of people at vacation rentals situated on larger sites. As noted earlier in this report, the <br /> PZC has recommended deletion of the excess parking space provision while staff recommends <br /> _ adoption of that provision as part of the ordinance, as shown on pages 2 and 3 of the proposed <br /> ordinance as section 911.15(4)(b)4 and 912.17(2)(b)4 [see attachment#10]. <br /> Issues Other Than Parking <br /> During the May 5h Board meeting, staff presented and discussed issues and concerns other than parking <br /> that have been raised during discussion of vacation rentals. Those issues are discussed below. <br /> — Event Sites <br /> One issue relates to use of vacation rentals or any single-family residence rented-out for events involving <br /> large gatherings of people, such as weddings, reunions, and other events characterized by music, dancing, <br /> catered food, tents, or outdoor tables. Staff's initial review with the Deputy County Attorney indicated <br /> that the County could prohibit or separately regulate the renting of a residence (conventional residence or <br /> vacation rental) for compensation for a large gathering event. Since that initial review, the Deputy <br /> County Attorney has confirmed his opinion that enacting an outright prohibition on using a rented-out <br /> residence for a special event is justifiable and legal. That opinion seems to be supported by the June 22, i <br /> 2015 Florida I` District Court opinion in the Bennet v Walton County case. In that case, the court found <br /> it reasonable for Walton County to allow customary occasional events such as house parties and wedding <br /> celebrations at a conventional residence while prohibiting similar events at a particular home that was <br /> rented-out and used frequently for such events. <br /> FAComlwnityDevelopment\CurDev\BCC\2015 BCC\PuitingRegsVscRerddsOrd'unnceLdm 5 177 <br />
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