MARK SCHUMANN
Circuit Court Judge Paul Kanarek today denied short-term rental operator Charles Fitz’s request for a summary judgement holding that Vero Beach is unlawfully prohibiting the operation of short-term, so-called “vacation” rentals within the city’s neighborhoods.
Fitz, who owns and currently operates three short-term rental poroperties within the city, took his case to court after the City Council upheld the Planning and Zoning Commission’s ruling against him. Having lost before the P&Z and the City Council, Fritz has now lost his first round in court.
Judge Kanarek affirmed the legitimacy of Vero Beach’s efforts to enforce the City’s long-standing zoning regulations prohibiting the operation of guest houses and transient quarters (also known as short term rentals and vacation rentals) in residential areas. “Fitz’s houses constitute a ‘guest house and transient quarters’ under the plain reading of the Code. As such they are not permitted or conditional uses in the R-1A zoning district and have not been permitted since at least 1977,” Judge Kanarek wrote.
Fitz’s attorney also contends the word “temporary,” as in temporary housing, is too vague to be enforceable. Judge Kanareck rejected that argument as well, writing, “In this case, the word ‘temporary’ is not a term-of-art requiring some special definition. ‘Temporary’ as used in Ordinance 2015-02 does not need an independent definition in order for an individual of common intelligence and understanding to recognize the conduct that is proscribed.”
Fitz raised two other arguments against the City’s ordinance prohibiting rentals of less than 30 days: first that the ordinance delegates legislative authority to the planning director, and second, that the prohibition against advertising transient rentals violates the right to free expression and free speech.
Judge Kanarek rejected these arguments as well.
“Fitz’s argument is without merit. This Ordinance regulates conduct, specifically, in what zoning district an individual can provide guest houses and transient quarters.”
“In this case, the delegation contained within Ordinance 2015-02 provides sufficient standards and guidelines for the planning director. The planning director is required to determine whether the use can reasonably be interpreted to fit into a category of allowable uses in accordance with the Land-Based Classification Standards of the American Planning Association or the North American Industry Classification System Manual.”
In response to state legislation passed in 2011 preventing counties and municipalities from passing new ordinances regulating short-term rentals, the City of Vero Beach and the Indian River County Commission have gone in different directions. The County repealed what ordinances it did have on the books, while Vero Beach has doubled down its efforts to enforce and ordinance which has been in place and subsequently amended since 1977.
Some south barrier island residents concerned about the proliferation of virtually unregulated vacation rentals in the unincorporated areas of Indian River County are now considering seeking annexation by Vero Beach.
Indian River Guardian 
This is very good news for the City of Vero Beach, which has been fighting hard to keep these operators of what the State of Fla. itself defines as “Transient Public Lodging Establishments” aka Vacation Rental Houses. Mayor Jay Kramer, and Councilmen Dick Winger and Randy Old, have taken a firm stand that we want to ‘keep Vero, Vero’, and not turn it into a party town like Ft. Lauderdale or Daytona Beach. (Last year they revised upward the fines for violating this code to $500/day). If Mr. Fitz wants to run a B&B or Motel, he could do so in property zoned areas of our city. Or he can move to Daytona, or at least out in the County, which has abandoned their own zoning laws and now allow these daily and weekly rentals almost everywhere. It is so bad out there that the barrier island residents of South Beach down to the county line are considering annexing to the City, just to get our zoning protection prohibiting short term rentals in residential neighborhoods. And that zoning code protects property values. Lets be clear. We, including members of the Indian River Neighborhood Association (IRNA), do not oppose tourists coming to our beautiful area. But we want tourists to stay in properly approved ‘tourist areas’ and not wandering around our residential neighborhoods. If there is higher tourist demand, let’s build more hotels and motels, which are licensed and provided with properly trained full time managers, inspected for safety, have disabled access requirements met, etc. That is high quality tourist development. The alternative, which Mr. Fitz seems to advocate by breaking our city zoning laws—he was issued a citation on 766 Fiddlewood for daily/weekly rentals in Feb. 2015, and a warning for the next door house 746 Fiddlewood, and continues to keep renting them out while filing his lawsuits—is letting groups of ‘tourists’ come for a long weekend, often with loud pool parties, excessive parking, etc. in quiet residential neighborhoods. Fitz claims ‘we need more lively neighborhoods’! I don’t think so. Another property, owned by a Miami doctor (Dr. Abassi) on 3766 Ocean Dr next to the Vero Boardwalk, was also issued a citation in Feb. 2015, and he is still renting on VRBO for $530/day with minimum 3 day stay. His ‘booking calendar’ on VRBO website already shows rental June 16-19 and July 23-26, 2016. So these scofflaws are challenging our law in court, and breaking it at the same time. They don’t care about the negative effect on our local neighborhoods and property values, only on making their profits. Ironically, they market their ‘guest houses’ as being located in ‘quiet residential neighborhoods’–which they are destroying. Kudos to Mark for keeping this in front of everyone. And please ask the candidates in the upcoming City election where they stand on this issue. We need a City Council that strongly opposes transient daily/weekly rentals in our neighborhoods. Remember, someone who buys a property to rent out to transients is not your ‘neighbor’— but an owner/investor in a public lodging establishment business. And one who unpacks their suitcase for a few days or a week is not your ‘neighbor’, but a ‘guest’ of the lodging establishment running next door to you. Let’s hope the appeals court makes the right decision too!
ps. On the COVB citation and property records, the name is Charles FITZ (not FRITZ).