Grandfather’s clock is ticking in Anna Maria.
Fresh with an opinion from Sarasota attorney David Levin that the city’s 1996 residential zoning ordinance prohibits vacation rentals built after that year, commissioners elected for a kinder, gentler approach.
At their Dec. 11 work session, where Levin explained how he reached his opinion, the commission consensus favored grandfathering vacation properties over the draconian move of eliminating any vacation home properties built after 1996.
A coalition of citizens, attorneys and representatives of the vacation rental industry came together to draft a proposed ordinance for commission review Dec. 18.
Anna Maria resident Maureen McCormick spearheaded formation of the coalition and presented a rough draft of the coalition’s ordinance. Their draft was created before commissioners discussed what they would like to see regulated in the city’s vacation rental ordinance.
Armed with commission input from the Dec. 11 meeting, McCormick said the group will have a more substantial draft ready by Dec. 18, even if the group must work 24 hours every day.
“We’ll work around the clock if necessary to have something ready,” McCormick told commissioners.
Commission Chair Chuck Webb was concerned McCormick might make promises that the commission might reject.
“That’s not going to happen,” McCormick said. “We understand we do not represent the city and we’ve made that clear to the rental agents. The final decision on anything is up to the commission. We just wanted to save time, work with the vacation rental industry and be prepared,” she said.
Levin was retained by the commission to give an opinion on the city’s zoning code as it applies to commercial activities in the residential zone.
Commissioners had planned to seek a declaratory judgment if Levin’s opinion was favorable to the city. But Levin was so positive the ordinance would withstand legal challenges, he suggested the city need not take the matter to court.
“Your ordinance is very clear,” Levin said. “It outlines those activities appropriate for the residential zone and anything not permitted is thereby prohibited.”
Commissioners agreed not to proceed with a judgment and instead to go directly to adopting an ordinance for vacation rentals.
Levin said the city could prohibit vacation homes built after 1996 and force owners of such properties to abandon renting but, he added, that’s a harsh move.
No commissioner favored such a measure.
“Our intention was never to eliminate vacation rentals,” Webb said.
Levin suggested the practical solution is to grandfather existing vacation homes.
“Otherwise, you could be in court a long time because some people have made a big investment in a vacation rental and would spend a lot of time and money fighting the city,” he said.
Levin also said the city can “assume it will eventually end up in court” over any ordinance it passes.
Commissioners decided to proceed with an ordinance that legalizes older vacation homes.
Any homes that became vacation rentals after 1996 would be grandfathered. However, the owners of rental properties would have to apply to the city for a special exception to continue to rent the structure as a “permitted, non-conforming use,” Webb said.
Additionally, a “drop-dead” date would be in the ordinance, after which no further vacation rental homes could be built or expanded.
Webb said nobody “wants this city to become nothing but vacation rentals.”
Commissioners agreed in principle with allowing a vacation rental owner with a special exception to transfer the exception to a new owner. Otherwise, the sale of such properties might be difficult, Commissioner Carol Carter said.
“We have to recognize that vacation rentals are an integral part of our economy,” she added.
Commissioner Doug Copeland said he needed more time to consider whether allowing vacation rentals built after 1996 to be grandfathered with or without the need for a special exception With an estimated 1,100 vacation rental properties in the city, the special exception process could be lengthy, he noted.
Commissioners agreed they could allow vacation rental homes to continue as a rental while the special exception application was in process.
Other regulations commissioners would like to include in the ordinance are to control noise, parking, size and number of bedrooms, duration of stay, annual licensing and a fee schedule.
Levin briefly discussed legal opinions received by the city Dec. 11 from two attorneys — both opposed to Levin’s viewpoint. The attorneys suggested the city would lose in what would likely become a lengthy and expensive court battle.
“I think the attorneys were representing their clients very well, but I have to differ,” adding the city’s zoning ordinance is very specific, he said.
Levin’s opinion that the 1996 zoning ordinance did not permit a single-family home to be used as a vacation rental is critical to developing the city’s regulations.
The Florida Legislature enacted a statute on June 1, 2011, that prohibited a local government from enacting any code that specifically regulated vacation rentals. Unless the local government already had an ordinance in place that controlled vacation rental properties, any regulatory ordinance affecting rental properties also had to apply to single-family residences as well.
Effective June 1, the Legislature amended that statute to allow local governments some regulation of vacation rentals. However, banning vacation rentals was prohibited in the amendment, as well as setting a minimum length of stay.
With a zoning ordinance in place as of June 1, 2011, the city has regulatory powers over the industry, Levin said.
Yetter said setting a length of stay should be discussed at a future work session. She does not want “party homes” in the city — those she characterized as large groups of unrelated people coming for the weekend to party.
With the clock ticking on pending building applications, commissioners agreed to move as quickly as possible to adopt a vacation rental ordinance.
Anna Maria Island Vacation Property Association president Larry Chatt said he was “pleased the city is involving the industry in preparing the ordinance.”
He noted, however, that there are a number of issues that must be ironed out before any ordinance is ready for passage, and he’s not positive this can be accomplished quickly.
“Still, working together with dialogue and understanding to reach agreement is better than a legal action.”
The urgency in regulating rentals is due to the moratorium on building a home with four or more bedrooms that was enacted Sept. 22.
You don’t want to live next door to a short term rental. They should be banned nationally in all residential neighborhoods. Try living next to one, a hotel really right next door. It don’t work.