Quote:
Originally Posted by BrianL99
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.
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Communities can enforce state law. Orlando was all-in for recreational dollars at some point and STRs assisted with their tax dollars. Now Orlando has other interests and STRs are not wanted.
So why not make landlords babysit their renters? They can rent all they want, but responsibility isn’t disengaged. If a renter wants to live large, they need to go elsewhere and rent a hotel room. The state law is fully followed in Orlando. Landlords can STR till their hearts are content, but they live with what they chose.
It’s utterly brilliant.