- April 26, 2024
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The Volusia County Council voted 5-2 against amending its short-term rental ordinance, citing concerns about negatively impacting residential neighborhoods and losing the ability to regulate the duration of stays.
Council Chair Jeff Brower and Councilwoman Heather Post were the only members in favor of amending the county ordinance, which has been in effect since 2004 and requires a minimum of 30-day rentals for single family homes and condos in county residential zones. The county's ordinance was in place before the state's current law was signed, which preempts local government from prohibiting vacation rentals or regulating the duration or frequency of short-term rental stays. This was passed in 2011, and according to the county, the state's attorney general issued an opinion that any new ordinance provisions or changes to the code are preempted by Florida law.
The council heard over two hours of public comments plus watched about an hour of videos supplied by citizens on the issue. Many of those who opposed changing the ordinance stated short-term rentals affected their quality of life and changed the character of their neighborhoods.
The regulation of frequency and duration of stay in short-term rentals is critical, said Ormond-by-the-Sea resident Rob Bird, who serves on his neighborhood association.
"In my experience, it doesn't take many vacation rental houses on a street of a few dozen homes to start to undermine the predictability, security and personal familiarity that families who reside there have with each other, particularly if they have children or have retirees," Bird said.
Many people in favor of amending the ordinance — which at the meeting would have started with clarifying that short-term rentals are not hotels or motels — said the county's ordinance was outdated, and property owners pointed out their contributions to the local economy via tourism taxes.
Short-term rentals are "a modern way of life," said property owner Krista Goodrich.
“Other cities have had the same issue, and figured it out," she said. "Governments can either move communities forward or fall behind.”
The council members who voted against the ordinance are not against short-term rentals, they said. Councilman Ben Johnson said he was hoping the state would allow them to regulate the rentals without losing the grandfathering of their ordinance. The vacation rental bills in this past legislative session never made it out of committee.
“If we get into it, everything changes, and now we can’t protect our citizens — the ones who live in their homes — and it’s a real issue," Johnson said.
Councilwoman Billie Wheeler said she purchased her condo knowing rental periods in her building were a minimum of one year. If that changed years later, she would be upset.
“I absolutely love short-term rentals," Wheeler said. "I use them when I go out of town, but I may not want them to infiltrate somebody’s residential neighborhood that already has an ordinance stating that it’s not OK.”
However, the issue is not likely to go away. Councilwoman Barb Girtman said during her final comments of the meeting that she wasn't happy with the "all or nothing" approach to the ordinance, and that she would like to make an effort to deal with the state on the issue to allow them more flexibility.
Brower, had said earlier that if they amended the ordinance, the county could still regulate aspects of short-term rentals like occupancy limits.
“My whole purpose was to increase local control, not to give it up," Brower said. "We can regulate this, but we have to give staff direction."
