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Rationale: This proposed regulation simply references the existing prohibition on commercial events at residences, codified elsewhere, which will remain in force. d. Maintaining a sleeping occupancy limit STVRAC recommendation: Limit occupancy for adults (18 years or older) in a rental unit: 2 per bedroom + 2 adults Staff recommendation: Limit occupancy to 2 persons per bedroom + 2 additional persons or the unit's septic tank/drainfield system capacity, whichever is less. Rationale: Considerable STVRAC work involved setting a maximum sleeping occupancy limit. Although staff asserted, and the committee acknowledged, that such a limit could not be routinely enforced and in fact would be difficult to enforce, the committee felt that the limit would help prevent customers from booking too small of a unit and over -crowding a unit if a reasonable occupancy limit was set and was provided on advertisements and rental offerings. Staff also asserted, and the committee also acknowledged, that the special parking regulations already adopted by the Board help prevent over -crowding day and night. Preventing overcrowding was determined to be a way of reducing potential negative neighborhood impacts (e.g. traffic, noise) and avoiding an over -burdening of infrastructure. Based on federal Fair Housing guidelines, a reasonable starting point for an occupancy limit appears to be 2 persons per bedroom. Within Florida, there are a number of approaches that local governments take with respect to vacation rental occupancy limits. Some local governments have grandfathered in outright prohibitions of vacation rentals (Vero Beach), some have no specific vacation rental regulations and therefore no occupancy limits (Sebastian, Fellsmere), others have specific vacation rental regulations but no occupancy limits (Bal Harbor, Polk County), some have a 2 persons per bedroom limit (Marco Island, Monroe County), some have a 2 persons per bedroom limit that exempts children (Islamorada), and some have an occupancy allowance based on 2 persons per bedroom plus a limited number of additional persons (Flagler County, Ft. Lauderdale). After consideration at two meetings and much discussion, the STVRAC settled on a sleeping occupancy limit for adults (18 years or older) in each rental of 2 per bedroom plus 2 adults. The committee felt that its recommended occupancy limit would help prevent over -crowding and would reasonably accommodate families while appropriately curtailing the use of a rental as an over -crowded "party house" by renters 18 years and up. At its April 12, 2016 meeting, Board members discussed the issue of whether or not to exempt children from the occupancy limit, including the possibility of excluding "infants". In staff's opinion, an age -based occupancy threshold or exemption would be more problematic to enforce than an occupancy limit based on a formula that does not M:\AGENDA\Current Year\2016\Consideration of Proposed Vacation Rental Ordinance Establishing Local License Requirement and % Vacation Rental Regulations 062116.docx 129