Quote:
Originally Posted by Bill14564
They lost that opportunity 12 years ago
Florida Statute 509.032(7)(b) A local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. This paragraph does not apply to any local law, ordinance, or regulation adopted on or before June 1, 2011. |
Here's the problem that's raising its ugly head, all over the USA.
As you pointed out, Florida communities can not adopt a regulation, banning STR's. They can however, ban STR's if their existing regulations prohibited them. Herein lies the quagmire. "STR's" were seldom defined in Zoning Regulations, 20+ years ago.
The question that arises, are STR's a "Residential" use (allowed in a Residential Zoning District)?
Are they a "Business" use, only allowed in a Business Zoning District?
Or ... do they fall under a specific definition in a Zoning scheme, that makes them hotels or motels?
The answer to the questions, are being litigated in courts throughout the USA. It's not a simple question. It comes down to how a community wrote their Zoning regulations and how they defined all the particular terms. Not to get too far into the weeds, but it also depends on whether the wording of their Zoning regulations allows alternative uses, previously not contemplated when the regulations were written.