Agenda - Planning Commission - 04/04/2019

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Short-term and vacation, rentals/Preemption/njunction-City adopts resolution interpreting_ zoning ordinance as ban ning short-term rentals Due Process —Coalition challenges city sign -off process, Which exempts developments from compliance review Process/Final Action — Telecommunications provider chal- lenges oral 'decision of city zon- ing board;. ; StandingNalidity of <, Regulations/Short-term rentals -- Individuals and organization challenge constitutionality of city's shared housing ordinance Proceedings/Ripeness/ R L U I PA - Church contends city's zon- ing code violates Religious Laird Use and Institutionalized Persons Act Proceedings/Equitable Waiver- Zoning board grants equita- ble waivers to applicant Zoning News from Around the Nation THOMSON REUTERS° February 25, 2019 I Volume 13 I Issue 4 Short-term and vacation rentals/ Preemption/Injunction—City adopts resolution interpreting zoning ordinance as banning short-term rentals Airbnb contends state law preempts and prohibits short- term rental bans Citation: City of Miami v. Air BnB, Inc., 2018 WL 6332240 (Fla. 3d DCA 2018) FLORIDA (12/5/18)-This case addressed the issue of whether a city ordinance prohibiting certain short-term and vacation rentals in a suburban resi- dential zone was preempted by a state statute precluding the prohibition of vaca- tion rentals. The Background/Facts: In March 2017, the City of Miami (the "City") 6 adopted a resolution on short-teiui rentals. The resolution affirmed the City's zoning regulations "as they pertain to short-term/vacation rentals" and "direct[ed] the City Manager to continue vigorously enforcing regulations pertaining to 7 lodging uses." The resolution affirmed the City of Miami's zoning ordinance, Miami 21, which limits the T3 zoning district to "residential" use, defined as 8 "land use functions predominantly of permanent housing." The City's resolution adopted a 2015 Zoning Interpretation of Miami 21 that declared "using a Single Family residence or Two Family -Housing (a duplex) within a T3 transect zone to provide rental accommodations per night, week, or anything less than one month would constitute an activity in violation of Miami 21." After the resolution was adopted, Airbnb—an online hosting platform that matches guests with short-term rentals— along with several City residents who rent their properties through Airbnb (collectively, hereinafter "Airbnb"), sued the City for declaratory and injunctive relief. Among other things, they argued that the City's vacation rental ban in the T3 zone was preempted by state law. The preemption statute cited by Airbnb, Florida Statute § 509.032(7)(b), provides that "[a] local law, ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals." The statute defines a "vacation rental" as a "condominium" or a "house or dwelling unit" rented on a transient basis. Notably, the statutory preemption "does not ap- ply to any local law, ordinance, or regulation adopted on or before June 1, 2011:" The 2016 version of Miami 21, addressed in the City's March 2017 resolution, was identical in its material provisions to the Miami zoning code in effect in 2009. Mat #42479378