The URL can be used to link to this page

Home My WebLink About2022-10 Amending LDC for Tourist Homes/Vacation Homes/Short-Term Rental Units ORDINANCE NO. 2022-10 (LDC Update for Tourist Homes/ Vacation Homes/Short-Term Rental Units) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE CITY OF OCOEE LAND DEVELOPMENT CODE, ARTICLE II, SECTION 2-4 DEFINITIONS AND ARTICLE V, SECTION 5-15 SPECIFIC USE/DEVELOPMENT STANDARDS RELATING TO TOURIST HOMES/VACATION HOMES/SHORT-TERM RENTAL UNITS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule authority, police power, land development and zoning authority, and governmental and proprietary powers necessary to conduct municipal government and perform municipal functions; and WHEREAS, the City may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, the City has experienced, within its jurisdictional limits, an increase in the tourist home, vacation home and short-term rental industry; and WHEREAS, the City has found it is necessary to protect existing adjacent properties from potential adverse impacts of such tourist home, vacation home and short-term rental industry and to ensure the health, safety and general welfare of the public; and WHEREAS, the City has had regulations regarding tourist homes in place since September 15, 1970, by Ordinance No. 516, and as such, in accordance with Section 509.032(7), Florida Statutes, has the ability to amend such regulations in a manner which does not violate Statutory preemptions and which furthers the protection of public health, safety and general welfare from such tourist home and short-term vacation rental industry; and WHEREAS, on April 12, 2022 and May 10, 2022, the Planning and Zoning Commission, acting as the Local Planning Agency, held an advertised and publicly noticed public hearing and recommended approval of an amendment proposed by staff to revise Sections 2-4 and 5-15 of the City of Ocoee Land Development Code ("LDC") in accordance with Section 559-955, Florida Statutes, relating to home-based businesses; and WHEREAS, the Ocoee City Commission in good faith determines that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public; and WHEREAS, following advertisement and duly noticed public hearing on the Ordinance on Tuesday, June 21, 2022, the Ocoee City Commission approved the amendments to Sections 2-4 and 5-15 of the LDC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. RECITALS. The foregoing recitals are hereby ratified and confirmed as true and correct and incorporated herein by this reference. SECTION 2. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes. SECTION 3. AMENDMENT OF THE LDC. Sections 2-4 and 5-15 of the City of Ocoee Land Development Code are hereby amended to read as depicted in Exhibit "A" with underlines representing additions and strike-throughs representing deletions. SECTION 4. CONFLICT. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict herewith are hereby made ineffective to the extent of such conflict. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto SECTION 6. CODIFICATION. It is the intention of the Ocoee City Commission that the provisions stated in this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and,regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or re-lettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or re- codified copy of same with the City Clerk. SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this 0V day of die/9e. , 2022. [Space intentionally blank] -2- ATTEST: APPROVED: CITY OF OCOEE, FLORIDA 714A-14— 1:46/° Melarlie_Sib)iditytClqrk Rusty Joh Mayor '(SEAL) • ADVERTISED n9 2022 READ FIRST TIME , 2022. READ SECOND TIME AND ADOPTED 7iti7e, 02/ , 2022. UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA;APPROVED AS TO FORM AND LEGALITY this 2-ew day of , 2022. SHUFFIELD LOWMAN WILSON, P.A. By: City -3- EXHIBIT "A" Changes are hereby made to Sections 2-4 and 5-15, as follows, with underline representing additions and strike-through representing deletions: ARTICLE II *** § 2-4. - DEFINITION OF TERMS. *** (308) Tourist Home. A dwelling, building or structure in which sleeping and bathing accommodations in not more than four (4) rooms are provided or offered for transient guests for compensation. Tourist homes must meet the criteria established in Section 5-15C, Article V. (309) Transient Guest. A quest occupying a tourist home, vacation rental unit or room, or other public lodging establishment, as defined in Section 509.013(4), Florida Statutes, where it is the intention of the parties that the occupancy will be temporary and such occupied unit or room is not the sole residence of the quest. (323) Vacation and Short-Term Rental. See Tourist Home. ARTICLE V *** § 5-15. —SPECIFIC USE/DEVELOPMENT STANDARDS. *** C.Tourist Homes. (1) Operation of a tourist home shall be subject to all applicable City business taxes under Chapter 205, F.S., and Article 119, Code of Ordinances. No tourist home shall be rented or offered or advertised for rent without an active Local Business Tax Receipt (BTR) and a no-cost valid Tourist Home Certificate. The Certificate and BTR must be updated annually. An application for a Tourist Home Certificate shall include the following: 1. Business Name 2. Name, address and telephone number of the tourist home owner/operator; 3. Name, address and telephone number of the responsible party 4. Tourist Home Affidavit; -4- 5. A survey or site plan, drawn to-scale, demonstrating how parking will be provided and identifying any proposed improvements to the property; and 6. A floor plan of the tourist home and the rooms that may be rented or offered for rent to transient guests for habitable sleeping accommodations. Maximum of four (4) rooms may be rented or offered for rent to transient quests for habitable sleeping accommodations. (2) The tourist home owner shall designate a Responsible Party, which can be a person or entity, who: i. Will be responsible for ensuring compliance with all regulations related to the operation of the tourist home; ii. Will be available to respond 24 hours per day, 7 days per week to any issue that arises relating to the tourist home; iii. May be the property owner. The designation of a Responsible Party does not relieve the property owner of the responsibility of complying with all state and local regulations. (3) A tourist home shall provide off-street parking in accordance with the parking requirements established in Section 6-4; however, such parking shall be in conformance with the setbacks and impervious surface area standards in Table 5- 2. (4) Operation of a tourist home shall comply with all of the City's residential districts standards with respect to noise, littering and waste disposal regulations established in Chapters 101, 113 and 143 of the Code of Ordinances as well as local and state building and fire safety regulations. (5) The tourist home shall be made available for inspection pursuant to Sections 553.80 and 633.206, F.S., within forty-eight (48) hours of a written request by the City. Needed corrections and time frame for completion of such corrections to remedy any failed inspections shall be established by the City Building Official when they relate to building safety or by the City Fire Marshal when they relate to fire safety. (6) The Development Services Director shall have the authority and responsibility to revoke any tourist home certificate and/or to pursue other remedies as provided in the Land Development Code if any of these provisions are violated. -5-