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ITEM: ORDINANCE NO. 2023-13 (VACATION RENTALS ZONING TEXT AMENDMENT)
AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, MODIFYING ARTICLE 6 OF THE LAND DEVELOPMENT REGULATIONS RELATED TO VACATION RENTALS BY AMENDING VACATION RENTALS IN TABLE 6.2-1: USE REGULATIONS SCHEDULE AS A SPECIAL USE; AMENDING SEC.6.2.2.A BY AMENDING SUPPLEMENTARY REGULATIONS FOR VACATION RENTALS; CREATING SUSPENSION AND REVOCATION PROVISIONS, AND ESTABLISHING A SPECIAL USE PERMIT REQUIREMENT; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
REQUEST: To amend Article 6 of Wellington’s Land Development Regulations (LDR) by amending Vacation Rentals in Table 6.2-1: Use Regulations Schedule as a Special Use, amending Sections 6.2.2.A - supplementary regulations for vacation rentals; creating suspension and revocation provisions.
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EXPLANATION: Vacation or short-term rentals continue to increase in popularity. In response to the increasing numbers of vacation rentals in Wellington and some of the associated issues that were being reported, Wellington adopted Ordinance No. 2020-11. This Ordinance established supplemental regulations for vacation rentals. The popularity of vacation rentals in Wellington continues to increase and so have the impacts to adjacent property owners and neighborhoods. The increase in impacts prompted the Village Council to direct the drafting of additional standards and enforcement provisions for consideration.
The Florida Statutes (509.032(7)(b)) preempts Wellington from regulating the length of stay of a rental, including vacation rentals. The proposed changes to revise the supplementary regulations are not preempted. Wellington is revising the supplementary regulations to establish a set of regulations that allow for the operation of a vacation rental but in such a way that it does not negatively impact the quality of life of adjacent residents or disturb a neighborhood. The regulations will further the ability to enforce standards by Wellington and by PBSO. Several neighboring communities have taken a similar approach as this issue is not limited to Wellington. The proposed amendment will essentially add steps to the approval process prior to being eligible for a BTR. It also allows for greater enforcement and the ability to suspend/revoke the approval to operate a vacation rental in Wellington.
The Planning, Zoning, and Adjustment Board recommended approval of Ordinance No. 2023-13 to amend Wellington’s LDR related to vacation rentals on October 18, 2023 (5-1; Herman dissenting).
The Village Council approved the Ordinance (5-0) at first reading on November 7, 2023, with the addition of “underage drinking” to the list of activities which may prompt an immediate revocation.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: YES QUASI-JUDICIAL: NO (Legislative)
FIRST READING: SECOND READING: YES
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: N/A
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: To amend Article 6 of Wellington’s Land Development Regulations (LDR) by amending Vacation Rentals in Table 6.2-1: Use Regulations Schedule as a Special Use, amending Sections 6.2.2.A - supplementary regulations for vacation rentals; creating suspension and revocation provisions.