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05/05/2015 (3)
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05/05/2015 (3)
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Last modified
9/1/2015 3:33:53 PM
Creation date
8/6/2015 2:11:13 PM
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Meetings
Meeting Type
Regular Meeting
Document Type
Agenda Packet
Meeting Date
05/05/2015
Meeting Body
Board of County Commissioners
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• 1980s to 2012: County code was interpreted to classify any residential unit rented for a period <br /> of less than 30 days as a lodging unit requiring commercial zoning or approval as a bed and <br /> breakfast or residential resort (e.g. Disney). Occasional code enforcement activity occurred <br /> when staff received complaints about a vacation rental in a residential area (Summerplace, <br /> Roseland). <br /> • 2011: State law was enacted pre-empting local governments from prohibiting, restricting, or <br /> regulating short term/vacation rentals. Local ordinances in place prior to June 1, 2011 were <br /> grandfathered-in. <br /> • 2012: As part of an extensive LDR clean-up, staff proposed numerous modifications to the <br /> County code, including a modification to clarify the 30 day rental period applied to residential <br /> units since the 1980s. During the PZC and BCC hearings for those amendments, vacation <br /> rentals owner Glenn Powell spoke against the modification and the prohibition interpretation of <br /> the old code. At the June 19 and July 10, 2012 BCC hearings, County Attorney Alan <br /> Polackwich indicated that the existing code had a legal "gray area" that staff was trying to <br /> address with a proposed modification. <br /> During discussion, BCC members indicated that vacation rentals can be properly run and that by <br /> explicitly making them legal, many could "come out of the shadows" and be properly licensed <br /> by the state. At the July 10, 2012 hearing, the BCC adopted an ordinance that specifically <br /> allows residential units to be rented-out for any period of time (daily, weekly, or longer). At <br /> that hearing, the BCC directed staff to develop a mechanism to handle complaints and ensure <br /> that known vacation rentals get properly licensed by the state. Excerpts of minutes from both <br /> BCC hearings are attached (see attachment#2) <br /> • 2012 — Present: Since the July 2012 code change, code enforcement staff has handled and <br /> maintained a log of general inquiries and complaints related to vacation rentals. Site specific <br /> complaints are investigated and turned over to the state Department of Professional Business <br /> Regulation (DPBR) for its determination on whether or not a state vacation rental dwelling <br /> license is required. State investigations can take a long time, especially if rental activity is <br /> minimal. While a state investigation is active, the state will not provide code enforcement staff <br /> any information about the investigation. Violations of local regulations, if any, are handled <br /> through normal code enforcement procedures. Upon a determination by the state that a license <br /> is required, and upon issuance of a state license, staff notifies the license holder about County <br /> residential parking requirements (see attachment#3). <br /> To date, staff has received 5 general inquiries and 9 site-specific complaints regarding vacation <br /> rentals. Of those 9 complaints, 5 were determined not to be used as a vacation rental, 2 were <br /> issued state licenses, and 2 have open investigations by the state. A copy of the current log is <br /> attached (see attachment #5). Based on that data, it appears that the number of site specific <br /> complaints in the unincorporated county has been relatively low, so far. <br /> • 2014: The 2011 state law was modified to allow local regulation of vacation rentals but still <br /> pre-empted local governments from prohibiting vacation rentals or regulating the duration or <br /> frequency of vacation rentals. <br /> F:\Community Development\CurDev\BCC\20I5 BCC\ParkingRegsVacRentals.doc 2 197 <br />
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