HomeMy WebLinkAbout2016-006ORDINANCE 2016- 006
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING
AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS);
ESTABLISHING REQUIREMENTS FOR A COUNTY VACATION RENTAL LICENSE AND
OTHER VACATION RENTAL REGULATIONS BY CREATING ZONING CODE SECTION
911.15(9); AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA THAT INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS (LDRS) CHAPTER 911, ZONING, BE AMENDED AS FOLLOWS:
SECTION #1:
Zoning code section 911.15(9) is hereby created to read as follows:
(9) Vacation rental local license and regulations
(a) For purposes of vacation rental local regulations, "bedroom" is defined as follows:
any room used principally for sleeping_ purposes and meeting applicable building
code requirements for a bedroom.
(b) The owner of a vacation rental unit shall obtain from the community development
department a vacation rental license. A separate license shall be required for each
vacation rental unit. Each license shall be valid for a period of three (3) years from
the date of issuance unless terminated by the owner or found by the county_ to be in
violation of license conditions, and each license may be renewed every three (3)
years upon approval by the community development department. A license may
be transferred to a new owner upon submission of updated license information and
execution of and assumption of license obligations and conditions on a form
provided by the community development department.
1. A license application shall be submitted to the community development
department on a form provided by the department.
2. License application review shall be managed by the community development
department in coordination with other county departments, local agencies, and
state agencies.
3. Prior to issuance of a license or a license renewal, a county code enforcement
officer shall conduct an inspection of the vacation rental unit for compliance
with the requirements of this section of the zoningcode [911.15(9)1.
(c) License application submittal requirements are as follows:
1. Rental unit manager contact information (cell phone number, email address,
mailing address).
2. Documentation that the applicant has obtained the following:
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ORDINANCE 2016- 006
a. State license for vacation rental unit
b. Local business tax receipt from the Tax Collector
c. Local tourist tax account from the Clerk of the Circuit Court
3. Parking compliance information: number of garage and/or carport spaces,
number of rental unit bedrooms, maximum number of automobiles allowed
outside of garage/carportlocation of spaces accommodated on improved or
stabilized driveway.
4. Verification that carbon monoxide alarms if required by code, and state license
fire protection items have been provided in the vacation rental unit: smoke
alarms emergency lighting, fire extinguisher.
sher.
5. Unit interior under air information: square footage and number of bedrooms.
6. Verification of whether the unit is served by public sewer service or an on-site
sewage treatment and disposalsystem (septic/drainfield system). If served by
an on-site sewage treatment and disposal system the applicant will be required
to provide an existing system evaluation approved by the health department if
the health department has no record of the system size permitted by the
department.
7. Acknowledgment form provided by the community development department,
executed and dated by the rental unit owner and manager. The acknowledgment
form shall provide information regarding_the following county requirements for
vacation rentals.
a. Prohibition on commercial events at residence (e.g. weddings)
b. Special parking regulations
c. Sea turtle protection and dune protection regulations (for rental units located
east of SR A -1-A)
d. Noise regulations: Chapter 974 noise regulations which include day and
night decibel level limitations more stringent "no disturbance"
requirements from 10 pm to 6 am and no excessive noise that would cause
annoyance to any reasonable person of normal sensitivity.
e. Limitations on dock/boat use: (for waterfront rental units): no more than 2
boats moored per dock dock used by unit owner or renter only, no live -
aboard use; (all rental units): no more than 2 boats stored or parked per unit
f. Fire safety requirements and maximum sleeping_ occupancy limitations
g. Fines and citation penalties for violations
8. Acknowledgment that the following information will be posted or displayed
inside the vacation rental unit prior to inspection of the unit by the county code
enforcement officer and shall thereafter be continuously posted or displayed
inside the vacation rental unit:
a. Manager contact information
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ORDINANCE 2016- 006
b. Maximum number of parked automobiles and boats, and approved
parking locations
C. Trash and recycling pick-up days and protocol for placing and
retrieving/storing containers
d. Noise regulations: day and night decibel level limitations, more
stringent "no disturbance" requirements from 10 pm — 6 am, and no
excessive noise that would cause annoyance to any reasonable person
of normal sensitivity.
e. Location of smoke alarms emergency lighting, and fire extinguisher.
f. Emergency room information
g. Sea turtle protection and dune protection information (for rental units
located east of SR A -1-A
h. Maximum sleeping occupancy number of persons)
9. Acknowledgement that the applicant has contacted any �lpplicable property
owners association or homeowners association and is aware of private
restrictions if any, that may affect operation of a vacation rental at the subject
residence.
10. Application fee established by resolution of the Board of County
Commissioners.
(d) Vacation rental local regulations are as follows:
1. To the extent that there is no conflict with these vacation rental regulations of
section 911 15(9) all county regulations applicable to a residential unit that is
not operated or used as a vacation rental unit shall also apply to a vacation rental
unit.
2. Parking and storage of vehicles shall conform to the requirements of zoning
code section 911.15(4)(b).
3. Commercial events shall be prohibited in accordance with zoning code section
911.15(a.
4. The overnight maximum sleeping occupancy of a vacation rental unit shall not
exceed the following:
a. For a unit served by public sewer service 2 persons per bedroom plus
2 additional persons.
b. For a unit served by an on-site sewage treatment and disposal system
(septic/drainfield system) 2 persons per bedroom plus 2 additional
persons or the number of persons accommodated by the system as
determined by the health department whichever number of persons is
less.
C. Notwithstanding paragraphs 4.a. and 4.b. above a maximum (cap) of
10 persons shall apply to each unit whether the unit is served by public
sewer service or by an on-site sewage treatment and disposal system
,(septic/drainfield system).
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ORDINANCE 2016- nnti
The unit occupancy limit confirmed by the county code enforcement
officer shall be stated on the local license.
Fire protection items required for a state vacation rental license shall be
provided in the vacation rental unit.
a. In addition a carbon monoxide (CO) alarm, when required under
Section R315 Carbon Monoxide Alarms of the Florida Building Code
— Residential, shall be provided.
6. Changes in the vacation rental manager and/or changes in the manager contact
information shall be provided to the community development department
within ten (10) days of the change.
The local license number, the occupancy limit confirmed by the county code
enforcement officer, the maximum number of vehicles allowed to be parked on
site outside any garage or carportthe noise regulations statement contained in
section (c)7d of these regulations and a statement that there are special sea
turtle protection and dune protection regulations for units located east of SR A-
1 A shall appear or be stated in any vacation rental unit advertisement or any
rental offering associated with a vacation rental unit.
8. Each year, the applicant shall submit to the community development
department a copy of a valid current state license for the vacation rental unit.
9. No amplification system device or sound system speakers, shall be used
outdoors or directed outdoors in a manner that is audible from an adjacent
residential property.
(e) Interim Operation of Vacation Rental Unit:
1. Because of the length of time it may take to comply with all of the new
requirements on this section all short term vacation rental owners may lawfully
operate but shall have until December 1 2016 to obtain a license from the
County and come into full compliance with the new standards and requirements
imposed by this section [9l 1.15(9)1.
(f) Claim of Contract Impairment:
1. It is not the intent of this ordinance [section 911.15(9)] to impair any existing
contracts leases or reservations that are evidenced by writing. An owner who
asserts the enacted ordinance amendment impairs a short term vacation rental
contract in effect on or before June 21 2016 shall submit the contract lease or
reservation evidenced in writing to the Community Development Director for
review and consideration An owner shall have until December 1, 2016 to
submit the claim of impairment to the Community Development Director for
determination Appeal of the decision of the Community Development
Director shall follow the qppeal procedure set forth in land development
regulation section 902.07.
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(g) Units Grandfathered -in for a Higher Occupancy Cap
1. A vacation rental unit in existence with a valid state license and operating with
more than four (4) bedrooms on June 21, 2016 shall be considered
grandfathered -in as a legal non -conformity and not subject to the occupancy
limit maximum (cap o) f 10 persons as stated in 911.15(9)(d)4c so long as
grandfathering is maintained in accordance with section 904.08(1) for legal
non -conformities. Overnight maximum sleeping occupancy for grandfathered -
in units shall be determined using the criteria of Sections 911.15(9)(d)4a and
911 15(9)(d)4b. For purposes of determining the number of bedrooms in
operation for a grandfathered -in unit on June 21 2016 and for calculating the
unit's maximum sleeping occupancy the number of bedrooms shown on the
unit's approved building permit drawings of record as of June 21 2016 shall be
used.
SECTION #2: SEVERABILITY
If any clause, section or provision of this Ordinance shall be declared by a court of competent
jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated
from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect
and be as valid as if such invalid portion thereof had not been incorporated therein.
SECTION #3: REPEAL OF CONFLICTING ORDINANCES
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with
the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION #5: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 6th day of June , 2016, for a
public hearing to be held on the 21st day of June , 2016, at which time it was moved
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ORDINANCE 2016- 006
for adoption by Commissioner o' Bryan , seconded by Commissioner ,
and adopted by the following vote:
Chairman Bob Solari AYE
Vice Chairman Joseph E. Flescher AYE
Commissioner Wesley S. Davis AYE
Commissioner Tim Zorc AYE
Commissioner Peter D. O'Bryan AYE
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
The Chairman there upon declared the ordinance duly passed and adopted this 21st'
June , 2016. ,•1.
�r�' .
Bob Solari, Chairman 10L
ATTEST: Jeffrey R. Smi h, Clerk of Court3nd Comptroller
BY:
DeptCle
This ordinance was filed with the Department of State on the following date: D/�o
APPROVED AS TO FORM AND AL SUFFICIENCY
ylan Reingold, County Attorney
APPROVED AS TO PLANNING MATTERS
Stan Boling, AICV, Community Development Director
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