2021-14 Code Amendment - Vacation Rental and RegistrationORDINANCE NO. 2021-14
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, AMENDING APPENDIX C (CHAPTER
45), "ZONING," OF THE VILLAGE CODE OF ORDINANCES BY ADOPTING
A NEW SECTION 45-40, "VACATION RENTALS," PROVIDING FOR
APPLICABILITY; PROVIDING FOR REGISTRATION AND INSPECTION;
PROVIDING FOR VACATION RENTAL STANDARDS; PROVIDING FOR
VIOLATIONS, ENFORCEMENT AND REMEDIES; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, prior to 2011, Florida's municipalities were free to regulate local land use issues
under the Home Rule Authority granted them by the Florida Constitution and Chapter 166, Florida
Statutes; and
WHEREAS, in 2011, the Florida Legislature, through the enactment of Chapter 2011-119, Laws
of Florida, preempted the local regulation of a specific land use known as vacation rentals, thereby
preventing municipalities from enacting new regulations necessary to address any consequential
or negative impacts caused by vacation rentals; and
WHEREAS, in 2014, the Florida Legislature, through the enactment of Chapter 2014-71, Laws of
Florida, rescinded the complete preemption of the regulation of vacation rentals, but specifically
mandated that local laws, ordinances or regulations could not prohibit vacation rentals or regulate
the duration or frequency of vacation rentals; and
WHEREAS, Chapter 2014-71, Laws of Florida, returned some local control back to municipalities
to mitigate the effects of vacation rentals in an attempt to make them safer and more compatible
with existing neighborhood regulations and to hold operators of such properties accountable for
their proper operation; and
WHEREAS, the occupants of vacation rentals, due to the transient nature of such occupancy, are
unfamiliar with local hurricane evacuation plans, the location of fire extinguishers, exit routes,
pool and home safety features, and other similar safety measures that would ordinarily be provided
to guests in traditional lodging establishments, i.e., hotels and motels; and
WHEREAS, if left unregulated, the occupants of vacation rentals located within established
neighborhoods can disturb the quiet enjoyment of the neighborhood and create numerous
secondary impacts, including noise, traffic, parking and a greater demand on public services; and
WHEREAS, traditional lodging establishments are typically restricted to commercial and other
non -residentially zoned areas where intensity of use is separated from less busy and quieter
residential uses; and
WHEREAS, like many other municipalities throughout the State of Florida, the Village of North
Palm Beach wishes to impose standards both to provide for the safety and welfare of occupants of
vacation rentals and to minimize any negative impacts caused by vacation rentals in residential
areas, especially established single-family neighborhoods; and
WHEREAS, the Village of North Palm Beach desires vacation rentals that are safe, conform to
the character of the community, provide positive impacts for tourism, do not detract from property
values and achieve greater neighborhood compatibility; and
WHEREAS, the Village's enactment of regulations applicable to vacation rentals is necessary to
preserve the integrity of residential areas and neighborhoods and corresponding property values,
while also protecting the health, safety and welfare of residents, property owners, investors and
transient occupants of the Village; and
WHEREAS, the Village's regulations are intended to supplement, not replace, any existing federal
or state law or regulation or any existing controls within established residential units served by
homeowner or condominium associations; and
WHEREAS, the Village's regulations neither prohibit vacation rentals nor restrict the duration or
frequency of vacation rentals; rather they are intended to address life safety and compatibility
concerns and the secondary effects of vacation rentals located within residential areas and
neighborhoods; and
WHEREAS, as required by Section 21-12 of the Village Code of Ordinances, the Village's
Planning Commission conducted a duly advertised public hearing on this Ordinance and provided
its recommendation to the Village Council; and
WHEREAS, the Village Council determines that the adoption of this Ordinance benefits the public
health, safety and welfare of the residents and citizens of the Village, as well as visitors to the
Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing "Whereas" clauses are hereby ratified and incorporated herein.
Section 2. The Village Council hereby amends Article III, "District Regulations," of
Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by adopting a new Section
45-40 to read as follows:
Sec. 45-40. Vacation rentals.
(a) Applicability. The regulations set forth in this section shall apply to
any building or structure utilized as a vacation rental within any Village zoning
district. A vacation rental is a dwelling unit that is also a transient public lodging
establishment, but is not a time share project. A transient public lodging
establishment, as defined by section 509.013(4)(a), Florida Statutes, as amended,
is any unit which is rented out to guests more than three (3) times in a calendar year
for periods of less than thirty (30) days or one (1) calendar month, whichever is
less, or which is advertised or held out the public as a place regularly rented to
guests for periods less than thirty (30) days or one (1) calendar month, whichever
is less.
(b) Registration and inspection
(1) Registration required. It shall be unlawful for any person or entity
to operate a vacation rental within the corporate limits of the Village
without first registering the vacation rental with the community
development department in accordance with the requirements of this
division. All existing vacation rentals shall be required to be
registered by October 1, 2021.
(2) Initial registration. Every vacation rental owner or operator shall
first register with the Village by submitting to the community
development department a properly completed and notarized
registration form, as prescribed by the Village, together with a
registration fee in an amount established by resolution of the Village
Council. A separate registration form shall be required for each
vacation rental. The registration form shall be accompanied by the
following:
a. A copy of the business tax receipt issued by the Village;
b. A copy of the Florida Department of Business and
Professional Regulation license as a transient public lodging
establishment/vacation rental;
C. A copy of the vacation rental's current and active certificate
of registration with the Florida Department of Revenue for
the purpose of collecting and remitting sales taxes, transient
rental taxes and any other taxes required by law to be
remitted, as applicable, or proof that payment is arranged
through a third party such as an on-line platform;
d. Proof of the establishment of an account with the Palm
Beach County Tax Collector for the payment of tourist
development taxes or that payment is arranged through a
third party such as an on-line platform;
e. Copies of the postings required by subsection (c)(5) below;
f. A copy of a sample lease agreement; and
g. A completed vacation rental responsible party designation,
in the format prescribed by the Village, which includes the
information required by subsection (c)(4) below.
(3) Registration renewal. After a vacation rental is initially registered,
the registration shall be renewed by October 1St of each year through
the execution of a renewal affidavit, in the format prescribed by the
Village, and the payment of the renewal fee established by
resolution of the Village Council.
(4) Registration updates. Any changes to the information or submittals
included with the initial registration must be reported to the Village
within thirty (30) days of the occurrence of such changes.
(5) Incomplete registration/renewal. If the registration form or renewal
form submitted pursuant to this section is incomplete, the registrant
shall be informed of such deficiency and shall have ten (10) days to
correct the deficiency.
(6) Outstanding code violations. The Village shall not process any
vacation rental registration or renewal if the property has unresolved
code violations or code enforcement liens.
(7) Inspection. Inspection by the Village to verify compliance with the
requirements of the division may be required subsequent to initial
registration with the Village and annually after each renewal. Non-
compliance with the requirements of this division discovered during
any inspection shall be treated as a violation of the Village Code and
be processed in accordance with subsection (d) below. Failure to
allow the Village to inspect the vacation rental within twenty (20)
days after the Village notifies the owner or responsible party that the
Village is ready to conduct an inspection shall constitute a separate
violation of the Village Code and be processed in accordance
subsection (d) below.
(8) Evidence of vacation rental operation. Advertising, listing or
posting a property on the internet, utilizing any mass communication
medium or in any publication as being available for use as a vacation
rental creates a rebuttable presumption that the owner or operator is
utilizing the property as a vacation rental. Nothing set forth herein
precludes the Village from presenting other forms of evidence of
vacation rental operation.
(9) False information. It shall be unlawful for any person to give any
false or misleading information in connection with the requirements
and obligations set forth in this section.
(c) Vacation rental standards. No person or entity shall operate a
vacation rental within the Village unless such vacation rental complies with the
following standards:
(1) Minimum life/safety requirements:
a. Swimming pool, spa and hot tub safety. A swimming pool,
spa or hot tub shall comply with the current standards of the
Residential Swimming Pool Safety Act, as set forth in
Chapter 515, Florida Statutes.
b. Smoke and carbon monoxide (CO) detection and notification
system. If an interconnected and hard -wired smoke and
carbon monoxide (CO) detection and notification system is
not in place within the vacation rental, then one such system
shall be required to be installed and maintained on a
continuing basis consistent with the requirements of Section
R314, Smoke Alarms, and Section R315, Carbon Monoxide
Alarms, of the Florida Building Code -Residential.
C. Fire extinguisher. A portable, multi-purpose dry chemical
2A:IOB: C fire extinguisher shall be installed, inspected and
maintained in accordance with NFPA 10 on each floor/level
of the dwelling unit. The extinguisher(s) shall be installed on
the wall in an open common area or in an enclosed space
with appropriate markings visibly showing the location.
d. Battery powered emergency lighting of primary
exit. Battery powered emergency lighting which provides
illumination automatically in the event of any interruption of
normal lighting shall be provided for a period of not less than
one hour to illuminate the primary exit.
e. Emergency egress and maintenance. Halls, entrances and
stairways within a vacation rental shall be clean and
ventilated. Hall and stair runners shall be kept in good
condition. Rails shall be installed on all stairways and around
all porches and steps.
(2) Maximum occupancy. Each vacation rental dwelling unit shall
comply with the occupancy limitations set forth in the Property
Maintenance Code referenced in section 15-27 of this Code,
provided, however, that in no event shall maximum occupancy of
such dwelling unit exceed two persons per bedroom plus two
additional persons.
(3) Lease requirements. There shall be a written or online lease, rental,
tenant or other recorded agreement memorializing each vacation
rental tenancy between the owner or responsible party and the
occupant(s). The agreement shall, at a minimum, contain the
following information:
a. The maximum number of occupants for the unit as specified
in subsection (2) above;
b. The number of parking spaces associated with the vacation
rental unit, if applicable, and the location of such spaces;
C. The names and ages of all persons who will be occupying
the unit;
d. The dates of such occupancy; and
e. A statement that all occupants must evacuate from the
vacation rental following any evacuation order issued by
local, state or federal authorities.
The Village reserves the right to request and receive a copy of any
vacation rental lease or rental agreement from the owner or
responsible party at any time.
(4) Parking. All occupants of and visitors to a vacation rental must
abide by all applicable parking regulations and park only in
designated and/or approved areas.
a. If the vacation rental is a single-family home or duplex,
occupants and visitors may only park vehicles on driveways,
in garages or carports, on approved, stabilized parking areas
(consisting of space that is covered and graded by semi-
permeable or impervious materials such as asphalt, concrete,
pavers, gravel or similar material), or on the street or swale
area immediately adjacent to the vacation rental property.
Occupants and visitors may not park on the street or swale
area that abuts an adjacent dwelling.
b. The number of automobiles that may be parked at a vacation
rental outside of a carport or garage shall be limited to one
automobile per bedroom, plus one, not to exceed a total of
five (5) automobiles.
(5) Vacation rental responsible party. Each vacation rental must
designate a responsible party to respond to routine inspections as
well as non -routine complaints and any other problems related to the
operation of the vacation rental. The property owner may serve in
this capacity or shall otherwise designate another person eighteen
(18) years or older to perform the following duties:
a. Be available by telephone at the listed phone number twenty-
four (24) hours per day, seven (7) days per week and be
capable of handling any issues relating to the operation of
the vacation rental;
b. If required, be willing and able to come to the vacation rental
within two (2) hours following notification from an
occupant, the owner, or the Village to address any issues
relating to the operation of the vacation rental;
C. Maintain a record of all lease or rental agreements for the
vacation rental;
d. Receive service of any legal notice on behalf of the owners
for violation of the requirements set forth in this division;
and
e. Otherwise monitor the vacation rental to ensure compliance
with the requirements set forth in this division.
(6) Minimum vacation rental information required postings. The
vacation rental shall be posted with the following information, either
on the back of or next to the main entrance door or on the
refrigerator:
a. The name, address and telephone number of the vacation
rental responsible party;
b. A notification that all garbage or trash must be placed in a
garbage or trash can or other approved garbage receptacle
and that all recyclables must be placed in approved
recyclable containers;
C. The location of the nearest hospital;
d. The location of designated parking spaces/areas, if
applicable; and
e. For units located within multi -family buildings more than
two (2) stories in height, a building evacuation map (at least
81/2 inches by 11 inches) shall be posted on or next to the
interior portion of the front door.
(7) Other regulations. Vacation rentals must comply with all other
regulations, standards and requirements set forth in the Village Code
of Ordinances, including, but not limited to, the requirements of
Chapter 4 (Animals and Fowl), Chapter 6 (Buildings and Building
Regulations), Chapter 14 (Health and Sanitation), Chapter 15
(Housing), Chapter 18 (Motor Vehicles and Traffic), Chapter 19
(Offenses and Miscellaneous Provisions) and Appendix C (Chapter
45) (Zoning).
(d) Violations; remedies; enforcement.
(1) Violations. Non-compliance with any provision of this division
shall constitute a violation of the Village Code of Ordinances and
each day the violation exists shall constitute a separate and distinct
violation.
(2) Remedies and enforcement. Any violations of this division may be
enforced pursuant to Section 1-8 of the Village Code of Ordinances,
through the code enforcement process set forth in Chapter 2, Article
VI of the Village Code of Ordinances, or through any other manner
authorized by law, including, but not limited to, injunctive relief.
(3) No waiver. A valid vacation rental registration shall not be
construed as a waiver of any of the requirements contained within
the Village Code of Ordinances or the Village's Comprehensive
Development Plan nor shall such registration be construed as
approval of a use or activity that would otherwise be illegal under
Florida law or prohibited by the Florida Building Code or the
Florida Fire Prevention and Life Safety Code.
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of
the Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void,
such holding shall not affect the remainder of the Ordinance.
Section 5. All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed to the extent of such conflict.
Section 6. This Ordinance shall become effective immediately upon adoption
PLACED ON FIRST READING THIS 26TH DAY OF AUGUST, 2021.
N SECOND, FINAL READING AND PASSED THIS 8TH DAY OF SEPTEMBER, 2021
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(D: FLORIDA ;� MAYOR '
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VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY