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File #: 24-1718A    Version: 1
Type: Zoning / Land Use and Related Item Status: Withdrawn
File created: 9/13/2024 Department: Board of County Commissioners
On agenda: 10/29/2024 Final action: 10/29/2024
Title: Case No. LDR-24-04 (First Public Hearing) (Being Withdrawn) An ordinance of Pinellas County, Florida, providing for the amendment of the Pinellas County Land Development Code, Chapter 138 - Zoning, related to definitions, standards, and compliance with the Florida Building Code and Florida Fire Prevention Code for Short Term Rentals. (Legislative)
Attachments: 1. LPA Staff Report, 2. Clean Ordinance, 3. Redline Ordinance, 4. Legal Ad, 5. Business Impact Estimate, 6. PowerPoint Presentation, 7. Electronic Affidavit of Publication, 8. Affidavit of Publication

Subject:

Title

Case No. LDR-24-04 (First Public Hearing) (Being Withdrawn)
An ordinance of Pinellas County, Florida, providing for the amendment of the Pinellas County Land Development Code, Chapter 138 - Zoning, related to definitions, standards, and compliance with the Florida Building Code and Florida Fire Prevention Code for Short Term Rentals. (Legislative)

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Recommended Action:

Recommended Action

Conduct a public hearing and take public comment on Case No. LDR-24-04: An ordinance amending Chapter 138 of the Pinellas County Land Development Code, providing definitions, standards, and compliance with the Florida Building Code and Florida Fire Prevention Code for Short Term Rentals (STR).

 

                     This is the first of two required public hearings updating Sec.138-3232 Short Term Rentals.

                     STR located within established residential neighborhoods can disturb the quiet nature and atmosphere of residential neighborhoods and the residents’ right to the peaceful use and enjoyment of their homes.

                     The presence of STR’s in established residential neighborhoods can create negative compatibility impacts, among which include, but are not limited to on-street parking and diminished public safety.

                     STR’s with no application of mitigating standards when located in residential neighborhoods can create disproportionate impacts related to excessive occupancy, noise, trash, and parking.

                     The proposed Ordinance amendments supported by robust 3rd-party technology are intended to bring greater accountability with a Certificate of Use requirement, awareness, and compliance of life safety considerations through a building inspection provision and enhanced enforcement with a 24/7 STR hotline and augmented code staff providing coverage on Friday through Sunday evenings.

                      An educational campaign will be launched in Fall 2024 that will be targeted for both STR owner/operators and the general public ahead of the Certificate of Use requirement to be deployed in January 2025.

                     No additional costs to the General Fund will be incurred. The fees collected with the initial Certificate of Use and Building Inspection(s) and annual renewal thereafter will cover the total costs of the STR program. 

                     The Local Planning Agency recommended approval of the Ordinance (vote 6-0). No one from the public appeared in support or opposition.

Body

 

 Strategic Plan:

Foster Continual Economic Growth and Vitality
4.3 Catalyze redevelopment through planning and regulatory programs

Deliver First Class Services to the Public and our Customers
5.2 Be responsible stewards of the public’s resources

 

Summary:

The updated ordinance proposes to bring greater accountability to short term rental (STR) owner/operators within unincorporated Pinellas County to preserve the highest quality of life within residential neighborhoods and to bring an increased awareness and compliance with the Florida Building Code and Florida Fire Prevention Code.  The regulation of STR’s will fall under the Code Enforcement Division with support from the Building Division on inspections. 

The following is a summary of updates (note - only the “Standard Purpose”, “Applicability” and “Maximum Occupancy of 10 persons” remain unchanged within 138-3232. The remainder of the ordinance is new language):

                     Areas Embraced - this section clarifies the geographical jurisdiction of the ordinance.

                     Definitions - added to clarify key terminology used throughout the ordinance (e.g., “inspection means an on-site review of the subject property by Pinellas County staff for compliance with the Florida Building Code and the Florida Fire Prevention Code).

                     Mandatory Certificate of Use - this section is the key provision that will deliver greater accountability and will be supported by 3rd party technology with the capabilities of “address identification” of STR’s and continual monitoring of host platforms for compliance purposes.  Building inspections are part of the Certificate of Use process and will occur bi-annually thereafter.

                     Advertisement - this is a tool to support the Mandatory Certificate of Use and compliance monitoring.

                     Enforcement - updated to have broader application and consistency with the Pinellas County code.

The Certificate of Use program is targeted to be effective January 1, 2025.   An educational campaign will be launched in the fall of 2024 including notification to the 2,973 +/- STR owner/operators in the unincorporated county to the requirement of a mandatory Certificate of Use starting in January 2025.

Background Information:

The LPA recommended approval of the Ordinance during their September 11, 2024, public hearing (vote 6-0). No one appeared at the hearing and no correspondence was received.

Fiscal Impact:

None; no additional costs to the General Fund will be incurred. The fees associated with the short term rental program are correlated to the costs of building and maintaining the short term rental program operations inclusive of additional code enforcement personnel, expanded code enforcement hours, initial costs and annual subscription of 3rd party technology and communications plan implementation.  

 

 

Staff Member Responsible:

Kevin McAndrew, Director, Building & Development Review Services

 

Partners:

N/A

 

Attachments:

LPA Report
Ordinance - Clean Version
Ordinance - Redline Version

Legal Ad

Business Impact Statement
PowerPoint Presentation