Subject:
Title
Amendments to Chapter 62, Article VI, Zoning Regulations, Relating to Vacation Rental as a Permitted Use in Certain Zoning Classifications.
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Local Planning Agency consider amendments to Chapter 62, Article VI, Zoning Regulations, Relating to Vacation Rental as a Permitted Use in Certain Zoning Classifications.
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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 place, but certain step...
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