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File #: 23-6163    Name: 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 REGULATI
Type: Zoning Text Amendment
Body: Village Council
Agenda Date: 11/7/2023 Final action:
Title: 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.
Attachments: 1. 1. Ord 2023-13 - Vac Rentals ZTA 11.7.2023, 2. 2. Ord 2023-13 Exhibit A - Use Regulation Schedule11.7.2023, 3. 3. Staff Report-Ord 2023-13 - Vac Rentals, 4. 4. Wellington - Business Impact Estimate-VRs10202023, 5. 5. Council both hearings Legal Ad-Rentals
Related files: PZ-0309, 23-6286, 23-6211, 24-6339
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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. That Ordinance established supplemental regulations for vacation rentals. However, Wellington has recently seen increasing impacts to adjacent property owners and neighborhoods and the Village Council directed staff to draft additional standards and enforcement provisions that would mitigate these impacts. 

 

Wellington has the ability to mitigate such impacts so long as it does not prohibit vacation rentals or regulate the frequency or duration pf the rental of a vacation rental.  See section 509.032(7)(b), Florida Statutes.  The proposed changes to the supplementary regulations are not preempted and are intended to establish a set of regulations that allow for the operation of a vacation rental in such a way that it does not negatively impact the quality of life of adjacent residents or disturb residential neighborhoods. The regulations will better allow Wellington and PBSO to enforce the standards. Several neighboring communities have taken a similar approach, as this issue is not limited to Wellington. The proposed amendment adds steps to the approval process prior to being eligible for a BTR. It also allows for greater enforcement and the ability, if warranted, 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 at the October 18, 2023 meeting (5-1; Herman dissenting). The PZAB recommended the penalties/suspension section be revised to include a “running” 12-month period to track multiple violations. The proposed ordinance was also modified after the PZAB to include provisions for the vacation rental responsibility party to be designated as an agent to accept citations on the behalf of the property owner and for service by certified mail to constitute valid service of a civil citation pursuant to Wellington’s Code of Ordinances Section 2-45. 

 

BUDGET AMENDMENT REQUIRED:                     NO 

 

PUBLIC HEARING:                     YES                       QUASI-JUDICIAL:                     NO  

 

FIRST READING:                     YES                       SECOND READING:   

 

LEGAL SUFFICIENCY:                     YES 

 

FISCAL IMPACT:                     N/A 

 

WELLINGTON FUNDAMENTAL:                     Responsive Governement 

 

RECOMMENDATION:                     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.