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File #: 2266   
Type: Public Hearing Status: Agenda Ready
File created: 11/4/2020 In control: Building Construction Advisory Committee
On agenda: 11/18/2020 Final action: 11/18/2020
Title: Amendments to Chapter 62, Article VI, Zoning Regulations, Relating to Vacation Rental as a Permitted Use in Certain Zoning Classifications.
Attachments: 1. VACATION RENTAL FINAL DRAFT ORDINANCE W CAO REVIEW 11 03 2020.pdf, 2. RESORT DWELLING V VAC RENTAL COMP MATRIX FINAL.pdf, 3. CURRENT RESORT DWELLINGS COUNTY MAP.pdf, 4. 9-15-2020 RESORT DWELLING AGENDA ITEM WITH ATTACHMENTS.pdf, 5. Public Comment.pdf
Subject:
Title
Amendments to Chapter 62, Article VI, Zoning Regulations, Relating to Vacation Rental as a Permitted Use in Certain Zoning Classifications.
End
Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Building Construction Advisory Committee consider amendments to Chapter 62, Article VI, Zoning Regulations, Relating to Vacation Rental as a Permitted Use in Certain Zoning Classifications.
End
Summary Explanation and Background:
The Board of County Commissioners (Board), on September 15, 2020, approved legislative intent and permission to advertise amendments to land development regulations to create a definition of vacation rental consistent with Section 509.242(1)(c), Florida Statutes, and identify vacation rental as a permitted use in certain zoning classifications. The Board further directed that code amendments be drafted to prevent conflict in zoning classifications between the current resort dwelling definition and allowances and proposed vacation rental definition and allowances.

The Florida Legislature adopted Section 509.032(7)(b), Florida Statutes, in order to limit the ability of local governments to regulate vacation rentals. Specifically, this statute provides that "[a] local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011". In addition to unincorporated Brevard, about half of the municipalities in the County had resort dwelling regulations in place prior to June 1, 2011. Some municipalities require additional annual applications and inspections.

Last fall, the County Attorney's Office was asked whether certain zoning restrictions pertaining to resort dwellings could be amended. Based on research conducted by the County Attorney's Office, it is possible for such changes to take plac...

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