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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 standards for vacation rentals, and creating suspension and revocation provisions.
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 being reported, Wellington adopted Ordinance No. 2020-11. This Ordinance established supplemental standards for vacation rentals. Certain impacts to adjacent property owners and neighborhoods have increased prompting the Village Council to direct the drafting of additional standards and enforcement provisions for consideration.
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EXPLANATION: 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 standards for vacation rentals; creating suspension and revocation provisions.
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 standards 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 or frequency of stay of a vacation rental. The proposed changes revise the supplementary standards are not preempted. Wellington is revising the supplementary standards to establish a set of standards 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 standards 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 Business Tax Receipt (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 at the October 18, 2023 meeting (5-1; Herman dissenting).
Following the 1st Reading of the Ordinance, representatives from Airbnb met with Wellington staff to review the proposed amendment and request changes. The requested changes are based upon their experiences with other communities throughout Florida. The requested changes that have been incorporated into the proposed amendments include:
• Referring to the vacation renters and their party as “Guests” rather than “transient occupants” to ensure that the property owner has the respective rights of the unit as compared to a regular rental; Residents impacted by vacation rentals have requested to maintain the reference to transient occupants.
• Allowing a Third-Party Platform Entity to satisfy the requirement of the guest searches as this is offered by some platforms;
• Allowing individual sleeping rooms to be offered for rent as long as the unit is the primary residence of the property owner; Residents impacted by vacation rentals have requested to only permit whole unit rentals.
• Requiring training and certification in Human Trafficking prevention;
• Requiring the Responsible Party to maintain non-invasive monitoring systems for noise and wi-fi use;
• Requiring proof of licenses and registration with the Department of Business and Professional Regulation and Florida Department of Revenue.
Several requested changes that were not incorporated into the proposed amendments include:
• Changing reference to “short-term rentals” versus “vacation rentals”;
• Elimination of the parking restrictions;
• Not requiring special use permit, but only business tax receipt;
Modifying the revocation section to not revoke but refer a complaint to the Florida Department of Business and Professional Regulation (DBPR) to have the license revoked for all properties owned, or operated, in Wellington and suspension of BTR.
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 standards for vacation rentals, and creating suspension and revocation provisions.