§ 30-1297. Vacation rental use and occupancy restrictions.

All use and occupancy of vacation rental units shall be in accordance with the following:

(1)

No vacation rental use in a residential subdivision shall be for less than seven days, unless otherwise permitted in a tourist commercial zoning district.

(2)

Motor vehicles and vessel trailers shall only be parked in driveways or other areas designed and designated for parking on the vacation rental unit property, and not on the street or extending over the right-of-way or sidewalk. The number of motor vehicles and vessel trailers parked on a vacation rental use unit property shall not exceed the maximum number of permitted parking spaces identified in the application. Only motor vehicles of registered occupants may be parked overnight. No recreational vehicle, sport utility vehicle or any other motor vehicle or vessel parked or moored at the vacation rental unit property shall be used for sleeping, liveaboard use or other overnight accommodations.

(3)

For vacation rental units that contain dock area, the total length of moored vessels shall not exceed the length of the shoreline and no vessel shall be moored against another vessel or create a navigational obstruction or hazard.

(4)

All trash and debris shall be kept in covered trash containers. Each vacation rental unit shall be equipped with adequate covered trash containers for such purposes. Occupants shall comply with all trash provisions and recycling provisions that are applicable to the vacation rental unit. Schedules of garbage pick-up and recycling pickup shall be posted with the rental agreement.

(5)

The maximum occupancy load of any vacation rental unit shall not exceed two adults per bedroom (children over six shall be considered adults for purposes of this section), or the lesser of such other maximum occupancy load level as may be set by either the Florida Fire Prevention Code for the particular residential dwelling unit pursuant to its administration rule making authority or the village building official.

(6)

All vacation rental units shall comply with all building and fire safety codes for public lodging establishments as required by state law or this Code.

(7)

Prior to occupancy of a vacation rental unit, the occupants of each unit shall be provided with a written copy of the use and occupancy restrictions contained herein in the form of a copy of these regulations and a written rental agreement. Each owner or property manager shall have a written agreement requiring an occupant who agrees to be responsible for all occupants during the rental term to comply with such restrictions as a condition of the agreement, signed by such occupant prior to occupancy. A copy of these use and occupancy restrictions shall also be prominently displayed in each vacation rental unit in no less than 16-point type, along with a warning in bold type, that any violation thereof shall constitute grounds for immediate termination of the rental agreement, eviction from the vacation rental unit by the owner or property manager and appropriate fines levied.

(8)

All lease and rental agreements shall contain in bold type, the following:

a.

Each occupant's (by family) home address and phone number;

b.

Property manager's address and 24-hour phone number(s); and

c.

The phone number at the vacation rental unit.

(9)

A copy of the rental agreement must be maintained on the property at all times and made available for review at the request of any village code compliance officer, fire safety inspector, law enforcement officer or other designated village representative. Failure to maintain a copy of the rental agreement and to make it available upon request shall constitute a violation of these regulations.

(10)

A sign no smaller than 12 inches by 12 inches and measuring between two and four feet in height shall be prominently displayed, as determined by the planning and development services director, on each property indicating an effective annual permit and permit number.

(11)

Lease agreements shall disclose village regulatory requirements regarding vacation rental use, noise ordinances and parking regulations. Lease agreements shall also include a provision that authorizes access by code enforcement personnel for purposes of determining compliance with the village Code.

(12)

In addition to complying with these regulations, the owner and property manager of a vacation rental unit shall comply with the provisions of all applicable statutes, administrative rules and this Code, including but not limited to Chapter 509 and Chapter 212, Florida Statutes. A violation of any such statute, rule, or this Code shall also constitute a violation of these regulations. To the extent that a conflict exists between the provisions of these regulations and any statute, rule, or this Code, the more restrictive regulations shall prevail.

(13)

All vacation rental units shall be immediately evacuated upon the posting of a hurricane warning by the National Weather Service or the National Hurricane Center for any portion of the Florida Keys or upon posting of a non-resident evacuation order issued by the village, county or state.

(14)

All advertising of vacation rental units shall require identification of state and village license numbers. Any advertising of vacation rental units that are not lawfully licensed by the village shall constitute a violation of these regulations.

(Ord. No. 01-12, § 1(7), 7-24-2001; Ord. No. 06-03, § 1, 2-23-2006)