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i I It should be noted that at the May 5`h meeting, the Board also voted unanimously to direct staff to draft and process an ordinance prohibiting commercial events such as weddings and reunions at single-family residences (see attachment #2). That ordinance ("Ordinance 2") has been drafted by the Deputy County Attorney, with input from planning staff, and will be considered separately from "Ordinance 1". Both ordinances were considered consecutively at the same PZC meeting (August 13, 2015) and are scheduled for consideration at the same Board meeting (September 22, 2015). PZC ACTION At its August 13, 2015 meeting, the PZC considered the vacation rental parking ordinance (Ordinance #1) at a public hearing and voted 5-1 to recommend that the Board adopt the proposed ordinance with one modification (see attachment 9). That modification was to delete the provision proposed by staff to allow on-site, excess day time parking spaces (overflow spaces) if specially buffered and site plan approved. Thus, staff recommends a provision for special overflow parking and the PZC recommends that no such provision be included in the ordinance. The BCC is now to consider"Ordinance 1" and is to adopt, adopt with changes, or reject the ordinance. ANALYSIS The term "vacation rentals" generally refers to residential units rented-out for short-term stays, typically for periods of one week or less. In high tourist areas across the nation, including many parts of Florida, vacation rentals are popular and controversial to varying degrees. Staff's research indicates that many local government regulations do not specifically treat "vacation rentals" except through interpretations of regulations for residential units or lodging units (e.g. hotels, motels, bed and breakfast use categories). Staff has also found that some communities, such as those in the Florida Keys (e.g. Monroe County), have extensive vacation rental regulations and local licensing requirements. History of County Regulations, State Pre-emption, and Local Complaints Indian River County's history of vacation rental regulations, together with the State's recent actions to pre-empt local vacation rental regulations, and local complaints related to vacation rentals are summarized as follows. • 1980s to 2012: County code was interpreted to classify any residential unit rented for a period of less than 30 days as a lodging unit requiring commercial zoning or approval as a bed and breakfast or residential resort (e.g. the Disney Resort at SR A-1-A and CR 510). During this period, occasional code enforcement activity occurred when staff received complaints about a vacation rental in a residential area(e.g. Summerplace, Roseland). • 2011: State law was enacted pre-empting local governments from prohibiting, restricting, or regulating short term/vacation rentals. Local ordinances in place prior to June 1, 2011 were grandfathered-in. i • 2012: As part of an extensive LDR clean-up, staff proposed numerous modifications to the County code, including a modification to clarify the 30 day rental period applied to residential units since the 1980s. During the PZC and Board hearings for those amendments, vacation rentals owner Glenn Powell spoke against the modification and the prohibition interpretation of the old code. At the June 19, 2012 and July 10, 2012 Board hearings, County Attorney Alan Polackwich indicated that the existing code had a legal "gray area" that staff was trying to address with a proposed modification. M:\AGENDA\Current Year\2015\IO-13-15 Continued ParkingRegsVacRentalsOrdinance.do" 2 92