Policies in Other Cities Effective Limitation - Prohibition of STVR by Various Municipalities

Transcription

1 Policies in Other Cities Effective Limitation - Prohibition of STVR by Various Municipalities Background: City of Venice, Florida [The] City council finds that resort dwelling rental activities in single-family neighborhoods affects the character and stability of a residential neighborhood. The home and its intrinsic influences are the foundation of good citizenship. The intent of these regulations is to prevent the use of single-family residences for transient purposes in order to preserve the residential character of single-family neighborhoods. Venice, FL Land Development Code Protection of Neighborhood Environment. disturbances caused by short-term tenants, excessive noise, late night parties, trespassing, increased traffic, other disruptive activities. vacationers and guests do not have ties to the local community are more concerned with maximizing their fun than they are with being a good neighbor. Short-Term Rental Housing Restrictions, Robinson & Cole, 2001.(R&C) Approaches by other Municipalities: SHORT-TERM RENTAL RESTRICTIONS 1. Prohibition. Outright Ban prohibition may be limited to specific neighborhoods or zoning districts, or may be communitywide. R&C 2. Geographically-Based Restrictions: Maui County, Hawaii permits transient vacation rentals only within certain business zoning districts and certain designated destination resort areas See Maui County, HA County Code (B). 3. Quantitative and Operational Restrictions: City of Santa Fe, New Mexico up to 350 short term rental permits Santa Fe, NM City Code (A)(6)(a)(i). City of Cannon Beach, Oregon maintains a 92 permit cap on the number of transient rental permits City of Cannon Beach, OR Zoning Code (F). 4. Proximity Restriction: San Luis Obispo County, California 200 linear feet San Luis Obispo County, CA Code (c). 5. Ratio: Mendocino County, California,ratio of (13) long term residential units to (1) vacation home rental. Mendocino County, CA Code (A). Page 1 of 1 Costello

2 Performance-Type Standards R&C 1. Maximum Occupancy Limits: 2. Rental Period Restrictions: 17 per Year, one rental within a seven consecutive days. Santa Fe, NM City Code (A)(6)(a)(ii). 3. Parking Requirements: provide more off-street parking than comparable properties that are occupied by owners or long-term tenants. prohibits short-term rental from parking recreational vehicles on site or on the street. Santa Fe, NM City Code (A)(6)(a)(ii). 4. Noise Level Limits: 5. Required Postings: a copy of the operational restrictions and contact information for the owner, manager, 6. Emergency Access Requirements: 7. Mandatory Designated Representatives: 8. Trash and Recycling Facility Storage: Palm Springs, CA Municipal Code (g). and SD City Muni Code LEGAL ISSUES AUTHORITY TO REGULATE Zoning regulations that restrict short-term rentals in residential areas have been upheld where the restrictions are found to be substantially related to land use impacts in the area. RATHKOPF S THE LAW OF ZONING AND PLANNING 81:11 (4th Ed 2011) (hereinafter RATHKOPFǁ) (citing to Brown v. Sandy Bd. of Adjustment, 957 P.2d 207 (Utah Ct. App. 1998) (finding that city has authority to prohibit short-term rentals in single-family neighborhood)). Prohibiting short-term occupancy in single-family areas has been held to be within the lawful scope of the zoning power. RATHKOPF 81:11 (citing Cope v. City of Cannon Beach, 855 P.2d 1083, 317 Or. 339 (1993) and Ewing v. City of Carmel-By-The- Sea, 234 Cal. App. 3d 1579, 286 Cal. Rptr. 382 (6th Dist. 1991)). Takings Not a Taking re 5 th and 14 th Amendments. We next consider whether Ordinance 92-1, by prohibiting transient occupancy, denies property owners economically viable use of their properties. We conclude that it does not. On its face, Ordinance 92-1 permits rentals of dwellings for periods of 14 days or more. Page 2 of 2 Costello

3 The ordinance also permits the owners themselves to reside in the dwellings Although those uses may not be as profitable as are shorter-term rentals of the properties, they are economically viable uses. Cope v. City of Cannon Beach, 855 P.2d 1083 (Or. 1993)., See id. at Id. at (internal citations omitted). DUE PROCESS Due Process not denied. We have already determined that the ordinance is rationally related to the stated goal. Carmel wishes to enhance and maintain the residential character of the R-1 District. Limiting transient commercial use of residential property for remuneration in the R-1 District addresses that goal. Ewing v. City of Carmel-by-the-Sea, 234 Cal. App. 3d 1579 (6th Dist. Cal. 1991)., Id. at 1596., See id. at 1589., Id. at 1591., Id. at SOME APPROACHES BY OTHER MUNICIPALITIES: Ref: the California Vacation Rental Managers Alliance ref Monterey: County wide- Title 21: Zoning, Chapter Transient Use of Residential Property means the use, by any person, of residential property for bed and breakfast, hostel, hotel, inn, lodging, motel, resort or other transient lodging uses where the term of occupancy, possession or tenancy of the property by the person entitled to such occupancy, possession, or tenancy is, except as provided herein, for not less than seven (7) nor more than thirty (30) consecutive calendar days. The Board of Supervisors finds that occupancy of less than thirty days of residential property is a transient use of residential property for remuneration and may be allowed only upon the issuance of an administrative permit in the coastal zone, or an administrative permit in the non-coastal area. Use of residential property for transient use ( Short-term rentals rental housing units for less than 30 days) is allowed with discretionary permit in residential districts in the non-coastal area (County Code Section Title 21), but is not allowed in the Coastal Zone (County Code Section Title 20). Title 21 sets minimum regulations for such uses, including minimum stay length, notice requirements, limitations on occupancy and advertising, and remittance of transient occupancy taxes. Carmel by the Sea: Title 17: Zoning, Chapter Uses such as transient bed and breakfast, hostel, hotel, inn, lodging, motel, hotel, resort and other transient lodging broker, real estate sales agent, property manager, reservation service or otherwise who arranges or negotiates for the use of residential property in violation of the provisions of this section is guilty of an infraction for each day in which such residential property is used, or allowed to be used, in violation of this section. The county ordinance differs, so units that fall outside of the city limits can be rented for less than 30 days for remuneration, are prohibited in the residential districts. Any person acting as agent, real estate broker, real estate sales agent, property manager, reservation service or otherwise who arranges or negotiates for the use of residential property in violation of the provisions of this section is guilty of an infraction for each day in Page 3 of 3 Costello

4 which such residential property is used, or allowed to be used, in violation of this section. The county ordinance differs, so units that fall outside of the city limits can be rented for less than 30 days. County of Napa: Title 18, Chapter Transient commercial occupancy of dwelling units prohibited. Any commercial use, defined as a use that involves the exchange of cash, goods or services for lodging, of dwelling units for a period of time less than thirty consecutive days is prohibited. Dana Point: Short term vacation rentals in residential zones are a prohibited use since it is not expressly allowed in the Zoning Code. Code Enforcement does not have a pro-active short term vacation rental enforcement program, but has responded on a complaintdriven basis. A draft ordinance was discussed during a public hearing on March 5, 2013, but no final decisions were made. Coronado: Municipal code, Chapter 86.78, states that no dwelling unit in any residential zone in Coronado can be used for transient occupancy. The codes define a transient occupancy as a period of 26 consecutive calendar days or less. Imperial Beach: Municipal Code, Title 19.04, Short-term rental of residential property is defined as the commercial use by any person of residential property for transient lodging uses where the term of occupancy, possession or tenancy of the property by the person entitled to such occupancy, possession or tenancy is less than thirty (30) consecutive calendar days. Transient occupancy is allowed in the C-1, C-2 and MU-2 Zones subject to approval of a Short-Term Permit application. Vacation rental operator must obtain a valid business license, register for TOT, and apply for a short-term rental permit. San Francisco: Under Chapter 41A- It is unlawful for any unit to be used for rent for tourist or transient use, defined as the use of a residential unit for occupancy for less than a 30-day term of tenancy. The Building Inspection Commission, although not formally introduced, discussed the possibility of regulating Short-term Vacation Rentals during their January 16,2013 meeting. The proposed alternative to the current ban would create a registration process as well as a maximum of 90 days per calendar year for rentals. The County of San Luis Obispo: Residential Vacation rentals within the Cambria and Cayucos urban reserve lines require zoning clearance, business license and transient occupancy tax registration for each residential unit. Rental of a residence shall not exceed one individual tenancy within seven consecutive calendar days, with a 4 night minimum. Within all residential land use categories, no residential vacation rental shall be located within 200 linear feet of a parcel on the same block on which is located any residential vacation rental or other type of visitor-serving accommodation that is outside of the Commercial land use category. The Residential Vacation Rental Chapter establishes permit requirements, location restrictions, occupancy and tenancy requirements, noise and parking limits, and signage and contact requirements. Page 4 of 4 Costello

5 Santa Barbara: A hotel is a building, group of buildings or a portion of a building which is designed for or occupied as the temporary abiding place of individuals for less than thirty (30) consecutive days including, but not limited to establishments held out to the public as auto courts, bed and breakfast inns, hostels, inns, motels, motor lodges, time share projects, tourist courts, and other similar uses. Hotels are restricted to certain zones and prohibited from operating in family dwelling residential zones. Sonoma County: Healdsburg: Vacation rental homes are not permitted in R-1 (Single Family Residential), RM (Multi-Family Residential), DR (Downtown Residential), Ref: Other Sources; North Miami Beach: illegal for the owner of a single family home to rent the house for less than three months at a time, also prohibits renting out the home more than three times a year, stiff penalties, some grandfathering. New York City: It is illegal in New York to rent out an apartment for less than 30 days. NYTimes 21 April 2014 Page 5 of 5 Costello