Vacation Rental Ordinance
(a)
The maximum occupancy of a vacation rental shall be stated in the vacation rental registration form, and shall be limited to the lesser of:
(1)
Two persons per bedroom that contains 100 square feet or more, (counting only those rooms that meet the definition of bedroom herein), plus one person per bedroom that contains no less than 70 square feet, but less than 100 square feet, (counting only those rooms that meet the definition of bedroom herein), plus two persons.
(2)
A total of eight occupants per vacation rental. In the event there is more than one building or dwelling on one platted lot, the maximum occupancy shall be capped at eight occupants per lot or structure, whichever is less.
(b)
The maximum occupancy restriction as set forth above shall not apply when the property is owner occupied by the vacation rental owner.
(c)
Notwithstanding the above, a vacation rental that was used as a vacation rental as of the effective date of this chapter, (November 19, 2015), may apply for the status of grandfathered for a period of five years, as to occupancy limitations, and may cap its occupancy based upon the following criteria and procedures. Vacation rentals that have an occupancy of eight or less as determined according to section 108-53(a) above will not require grandfathering to maintain that occupancy.
(1)
A grandfathered vacation rental shall have its maximum occupancy based upon two persons per bedroom (each bedroom must meet the definition of bedroom herein) at the time of application for grandfather status. A change in the number of bedrooms at the vacation rental shall cause such vacation rental to lose its grandfathered status.
(2)
The vacation rental owner, or agent, as applicable, ("grandfathering applicant"), shall complete a grandfathering application as prescribed by the city, which shall be submitted under oath and upon penalty of perjury, and provide verifiable written proof of the number of bedrooms as herein defined in the vacation rental.
(3)
The grandfathering application and supporting proof shall be submitted to city for review by city staff, and such staff shall make a written determination as to the maximum occupancy of such grandfathered vacation rental.
(4)
If the city staff fails to confirm the requested occupancy level, the City of Anna Maria shall notify the grandfather applicant of that fact, and the occupancy level that can be approved, in writing. Within 20 days after such notice, an evidentiary hearing may be requested by the grandfather applicant before the special magistrate to provide the grandfather applicant an opportunity to provide evidence and/or testimony in support of the occupancy requested. A determination by the special magistrate after such evidentiary hearing shall be final. If no hearing is requested during that time period, the occupancy level shall be set at the level determined by the city staff upon initial review.
(5)
An application for grandfathering shall be submitted, if at all, by no later than the time of registration of the vacation rental, but not later than April 1, 2016. If the city extends the date that registration is required, the deadline for the application for grandfathering shall also be extended to the same extended date. If a vacation rental has been registered, but a final determination as to the occupancy level based upon grandfathering has not yet been made, such vacation rental may allow occupancy up to the occupancy requested in the grandfathering application until such time as a final determination as to occupancy has been made.
(6)
If it is reasonably determined by the city staff that any information supplied to the City of Anna Maria in support of an application for grandfathering was intentionally false or fraudulent, the person supplying the false or fraudulent information shall be subject to a fine as set by the city commission by resolution. If there is such a determination by city staff, the City of Anna Maria shall notify the grandfather applicant of that fact, and within 20 days after such notice, an evidentiary hearing may be requested by the grandfather applicant before the special magistrate to provide the grandfather applicant an opportunity to provide evidence and/or testimony to show that the information supplied in support of the application for grandfathering was not intentionally false or fraudulent. The determination by the special magistrate after such evidentiary hearing shall be final. If no hearing is requested during that time period, the initial determination by the city staff shall be final.
(7)
If a vacation rental registration does not exist as to a vacation rental for a period in excess of 13 months, any grandfathering determination shall be deemed abandoned, and shall no longer be applicable to that vacation rental.
(a)
All vacation rental units, whether single-family homes, duplexes, condominium units, three or four unit complexes, or multiple family complexes, must meet the minimum standards for habitable structures set forth in the Florida Building Code, the Florida Fire Code, the Florida Life Safety Code, the Federal Emergency Management Agency laws and regulations, and the Land Development Code of the City of Holmes Beach, subject to legal nonconformities.
(1)
Swimming pool, spa, and hot tub safety. An in-ground or above-ground swimming pool, spa, or hot tub offered or made available as an amenity at a vacation rental unit shall comply with current standards of the Residential Swimming Pool Safety Act, Chapter 515, Florida Statutes. The property owner or rental agent shall have the swimming pool drain system, any underwater lighting system, and the electrical pump system of such swimming pools, spas, and hot tubs inspected annually by an appropriately licensed technician. Proof of such inspection within the previous 12 months from the date of the request shall be provided to the city upon request.
(2)
Swimming pool, spa and hot tub screening. All in ground and above ground swimming pools, spas and hot tubs at vacation rental units shall meet the requirements contained in Section 6.7.V.c(2)(a)(b) and (c) of the Land Development Code.
(3)
Bedrooms. All bedrooms within a vacation rental unit shall meet the applicable requirements of the Florida Fire Code, the Florida Life Safety Code and shall comply with the definition of bedroom contained in section 4-4 of this chapter.
(4)
Smoke and carbon monoxide (CO) detection and notification system. A working smoke alarm and carbon monoxide (CO) alarm system shall be present within the vacation rental unit and maintained on a continuing basis consistent with the requirements of Section R314, Smoke Alarms, and Section R315, Carbon Monoxide Alarms, of the Florida Building Code.
(5)
Fire extinguisher. A portable, multi-purpose dry chemical 2A:10B:C fire extinguisher shall be installed, inspected and maintained in accordance with NFPA 10 on each floor of a vacation rental unit. The extinguisher(s) shall be installed on the wall in an open common area or in an enclosed space with appropriate markings visibly showing the location of the fire extinguisher.
(6)
Emergency egress maintenance and lighting. Halls, entrances and interior stairways within a vacation rental unit shall be clean, ventilated and lighted. Hall and stair runners shall be kept in good condition. Rails shall be installed on all stairways and around all porches and steps.
(7)
Local phone service. At least one land line telephone with the ability to call 911 shall be available in the main level common area in the vacation rental unit.
(8)
Prohibition on slides or diving boards or platforms. Pursuant to section 6.8.U.10 of the Land Development Code (LDC), residential units including vacation rental units located in the R-2, R-3, and R-4 zoning districts shall not have slides, diving boards or diving platforms unless those recreational features are determined to be legal non-conforming uses.
(9)
Parking. All vacation rental units within the city are required to provide one on site parking space per bedroom.
(10)
Elevators. Any vacation rental unit with an elevator shall meet the applicable requirements of the Florida Building Code, Florida Statutes, and the Occupational Safety and Health Administration.
Minimum Safety Requirements:
(a) A swimming pool, spa or hot tub shall comply with the current standards of the Residential Swimming Pool Safety Act, Chapter 515, Florida Statutes.
(b) The Vacation Rental shall have a functioning smoke and carbon monoxide detection and notification system which shall be installed and continually maintained consistent with the requirements of Section R314, Smoke Alarms and Section R315, Carbon Monoxide Alarms of the Florida Building Code-Residential.
(c) A portable, multi-purpose dry chemical 2A:10B:C fire extinguisher shall be installed, inspected and maintained in accordance with NFPA 10 on each floor of the Vacation Rental. The extinguisher shall be installed on the wall in an open common area or in an enclosed space with appropriate markings visibly showing the location.
Minimum Posting Requirements:
The following information shall be posted in a conspicuous location on an interior wall inside the vacation rental for the safety and convenience of occupants:
The location of the nearest hospital
The non-emergency police telephone number
The dates and times of trash pickup and recycle locations
The street address of the vacation rental and land line number (if applicable)
The name and phone number of the Designated Responsible Party
Emergency evacuation instructions.
The following additional information shall also be posted in a conspicuous location on an interior wall inside the vacation rental in close proximity to the main entrance:
The maximum occupancy of the vacation rental
The maximum number of vehicles that are permitted to park at the vacation rental based on the number of off-street parking spaces on-site, including enclosed spaces as determined by City Staff
A notice of the need to respect the peace and quiet of neighboring residents which shall state as follows: “You are vacationing in a residential area. Please be a good neighbor by not making excessive noise or engaging in boisterous behavior, especially after 11:00 p.m. Such behavior can deprive your neighbors of the peaceful enjoyment of their homes.”
A statement that sound is audible beyond the property lines of the vacation rental unit is regulated by the City’s Noise Ordinance and that violation of the noise ordinance could result in fines to the occupants.
A statement that dogs which are not within a fenced area must be on a leash pursuant to County ordinance, and failure to adhere to such requirements could result in fines.
A copy of the Certificate of Registration for the vacation rental shall be posted next to or on the interior side of the primary door to the vacation rental.
Parking
All vehicles associated with the vacation rental shall be parked within a driveway or parking area located on the premises and in compliance with all applicable City ordinances. The owner shall provide one space of off-street parking for every four persons of occupancy permitted pursuant to Section 22-64. Where structures existing as of the effective date of this Article are unable to provide off-street parking, the vacation rental shall be permitted to a maximum occupancy of four persons, unless otherwise limited pursuant to Section 22-64 of Ordinance 3093.
Advertising
Any advertising of the vacation rental shall conform to the information submitted with the application for registration of the vacation rental and to the information shown on the Certificate or Registration specifically including, but not limited to, Maximum Occupancy. It shall be a violation of the Ordinance for an owner to advertise a vacation rental as being available for occupancy at a level that exceeds the Maximum Occupancy established for the vacation rental.
Maximum Occupancy
The Maximum Occupancy of a vacation rental shall be stated in the vacation rental Certificate of Registration Form, and shall be limited to the lessor of:
Two persons per bedroom, plus two (2) additional persons; or
One person per 150 square feet of temperature-controlled living space within the vacation rental; or
Twelve (12) persons.
The Maximum Occupancy restrictions do not apply when the property is occupied by the owner of the vacation rental.
A vacation rental that was operating as a vacation rental as of February 9, 2022 at an occupancy rate higher than would be allowed under Section 22-64 of the Ordinance, may apply for a grand fathered status for a period of five (5) years, as to occupancy limitations.
Pre-Existing Vacation Rentals Prior to February 9, 2022
The Maximum Occupancy limits set forth above shall not apply to a pre-existing rental agreement entered into and fully executed prior to February 9, 2022.
