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Old 09-11-2023, 12:23 PM
BrianL99 BrianL99 is offline
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Originally Posted by Normal View Post
Hey, notice this happened in the town adjacent to Orlando. Davenport has no STR enforcement. Orlando requires the landlord to live in the building they rent out. I guess STR control is good for the community. Davenport should move into a stronger enforcement rule and adopt Orlando’s stance.

People who post, really should get their facts reasonably straight, before engaging their keyboard.

The City of Orlando has PROHIBITED Short Term Rentals in the Residential Zoning District, since 1991.

This prohibition was IN PLACE, prior to the State of Florida enacting a law that PROHIBITED cities and towns from regulating STR's.

In 2018, the City of Orlando RELAXED it's ban on STR's and now allows them, under certain restrictions. STR's are good for business in a vacation/resort area.

If you would like some understanding of how and why the City of Orlando was "Grandfathered" and was able to keep their STR ban in place, despite the new Florida law prohibiting STR bans, go back and read my Post #102 (part of which is below).

Quote:
Originally Posted by BrianL99 View Post


There are *some* towns (& perhaps states) that have "beat the STR problem". It has to do with the way the community (or Zoning Authority) defines "Residential Use".

When the majority of Zoning Regulations were written, STR's didn't exist, so they typically weren't addressed in zoning schemes. Some zoning authorities (mostly by accident) decided to define "Transient Use" in their zoning scheme. Those communities (or states) have avoided the STR battles, because most don't allow "Transient Use" in their Residential Districts.

In other words, if a zoning scheme doesn't specifically define "transient use", most courts have concluded that STR's fall into the definition of "Residential". (BTW, some of the communities in FL that are "Grandfathered" with respect to their STR Regulations [I believe there are 75 of them], are Grandfathered because their zoning scheme defines "transient use" and prohibit that usage in a residentially zoned district.)