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Home My Public Portal About2011-05 Creating section 7-1 Vacation RentalsORDINANCE NO. 2011-5 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING SECTION 7-1 "VACATION RENTALS" OF THE CODE OF ORDINANCES; PROVIDING FOR VACATION RENTAL BUSINESS REGULATIONS; PROVIDING FOR AMORTIZATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has adopted House Bill 883/ Senate Bill 476 allowing vacation rental businesses to operate within the state and preempting local governments from regulating such businesses; and WHEREAS, House Bill 883/Senate Bill 476 does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011; and WHEREAS, the Village Council desires to adopt an ordinance regulating vacation rental businesses in order to mitigate the impacts of such businesses within the Village; and WHEREAS, the Village Council further finds that the adoption of this Ordinance is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The preceding "Whereas" clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. Creating Section 7-1 of the Village Code. The Village Council hereby creates Section 7-1 "Vacation Rentals" of the Village Code as follows: Sec. 7-1. -Vacation Rentals. Vacation Rentals. If permitted by state law. a vacation rental, as defined by Section 509.242(1)(c). F.S., may operate within the Village subject to the following restrictions: w al The owner of a vacation rental shall obtain a Business Tax Receipt in accordance with Article II, Chapter 25 of the Village Code: The minimum rental period shall be 15 continuous days: All leases or occupancy agreements must incorporate a copy of these restrictions, must be in writing and a copy must be delivered to the Village or available on site at all times for inspection by the Village; and 141 All use. occupancy and other activities must comply with the Village's land development regulations and other health. safety and welfare regulations within the applicable zoning district including but not limited to all noise. nuisance and special event regulations as they are now in effect or may be amended from time to time. Section 3. Amortization and Effect on Private Restrictions. A property owner operating a vacation rental business on the effective date of this ordinance shall have a period of one year to comply with the provisions of this Ordinance. Within 90 days of the effective date of this Ordinance, the property owner shall provide written documentation to the Village Building, Zoning and Planning Director demonstrating that such a business was operating prior to the effective date of this Ordinance. Furthermore, nothing in this Ordinance is intended in any manner to abridge or prohibit any private land use or other rental restrictions on multifamily dwellings within the Village which shall govern the rental of such properties. Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Conflicts. All ordinances or parts of ordinances, resolution or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. 2 Section 6. Effective Date. This Ordinance shall become effective immediately upon House Bill 883 and Senate Bill 476 (engrossed) becoming effective law. PASSED AND ADOPTED on first reading this 26 day of April, 2011. PASSED AND ADOPTED on second reading this 24th day of May, 2011. CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENC f.. VILLAGE ATTORNEY 3 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - SECOND READING BY THE VILLAGE COUNCIL (VACATION RENTALS) MEETING 5/24/11 in the XXXX Court, was published in said newspaper in the issues of 05/12/2011 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me this 12 day of MAY , A.D. 2011 (SEAL) V. PEREZ personally known to me �Pa~ `ua Notary Public State of Florida `� Cheryl H Marmel My Commission D0793490 'so, „cf.'s. Expires 07/18/2012 VILLAGE OF KEY BISCAYNE OPFlCE OF THE VILLAGE CLERK PUBLIC NOTICE - Notice is Welly given that the foilowinctordirtancerwittbe considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, May 24, 2011 at 7:00 p.m., in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: AN OrEBNAKIGEJOF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING SECTION 7-1 "VACATION RENTALS" OF -na, r -OF ORDINANGIRS; PROVIDNrG FOR VACATION RENTAL BUSINESS LATIONS; PROVIDING FOR AMORTIZATION; PROVIDING FOR SEVERABIUTY; PROS FOR- CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE - The proposed ordinance may be inspected by the public at the Office of the Vd ag elk I te¢partiee may appear -at the Public ,Hearing and be heard With li t" to the' proposed Ordinance. Any person wishing to addressihe VBage Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. In apace wittrthe-AAmericans With Disabilities Act of 1990, all persons _who are disabled and who need special accommodations to participate- in thie proceeding because of that disability should contact the Office of t eVillage Clerk, 88 West McIntyre Street, Suite 220, Key Biscayne, FfoOda 33149, telephone number (305) 365-5506, not later than two business days priorto such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all 'testimony and evidence upon which any appeal may " be based (F.S. 286.0105). Comments of any interested -party relative to this matter may be submitted in writing and or presented in person at the public hearing. 5/12 Conchita H. Alvarez, MMC - Village Clerk 11-4-66/1694406M