Reader questions existance of restrictions against daily and weekly (transient) rentals

Carroll houseB

Bobby73:

As far as I know it has never been against the law to rent houses by the day in Vero, Codes cited were: 60.11, 61.02 and 65.06. Vero does not have a law against short term rentals. Doesn’t mean you have to like it though.

Mark Schumann:

Your comment reflects a widespread misunderstanding of zoning laws. Zoning regulations do not enumerate all the uses of property one CANNOT employ. Rather, these laws specify what a property owner CAN do with a given property.For example, reading the city’s zoning codes for commercial districts, you will find so-called short-term/transient rentals listed as a permitted use. Not so with the city’s residential zoning. Short-tern/transient rentals are not listed as a conforming use within the city’s residential districts.

There is the legal concept of exclusion, which basically means the mention of one thing implies the exclusion of the other. In this case, these so-called short-term/transient rentals are specifically permitted in commercial districts, and are not listed as a permitted use in residential districts. Transient rentals reasonably, then, should be considered a non-conforming use within residential areas.

Finally, though Vero Beach 32963 reporter Lisa Zahner recently attributed authorship of the city’s zoning laws to Charlie Vitunac, the zoning regulations in question date back to the early 1970s, at least 10 years before Vitunac was employed with the City.

5 comments

  1. So the code enforcement board also suffers from this common misunderstanding? They are the ones who decided it’s not illegal to do short term rentals. Which then circles back to why haven’t the other 200 or so folks been cited also? The state of Florida seems to side with our code enforcement ruling too. It’s tough being a sane person in an insane world.

    What is the definition of transient rental?

  2. Their decision was not based on the logic you presented. You are now, conveniently, stepping away from the point you tried to make earlier. And you claim to be a sane person in an insane world?

    Three members of the code enforcement board, the three who served on the board with John Carroll, determined that, in their view, the definition of “transient rental” is to vague to be enforceable. Two other members of the board did not consider the City’s ordinance too vague, and the majority of the City Council also does not consider the ordinance to be vague. Neither does the law firm that has taken the City’s case and will be presenting it in court.

    You are completely wrong in your assertion that the State has sided with the code enforcement ruling. What the state legislature did was to prohibit cities from enacting further restrictions on short-term/transient/vacation rentals.

    I didn’t establish this website to have to spend half my day correcting misinformation. If you want to post misinformation, I would recommend VeroNews.com.

  3. I believe the city attorney also told the board what the law was, and how local laws can refer to other laws for interpretation, as well as years of prior notice that this is how the code will be enforced. The board members ignored the law, they didn’t enforce it.

  4. its kinda hard to give a ticket or fee to those that sign your paycheck. that is why at times when sherrif’s are arrested for a crime the state will do the honors. not that I disagree with this comment.

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