Letter to the Editor February 11: Short-term rental ordinance – A cannon to kill a mosquito

Short-term rental ordinance – A cannon to kill a mosquito

Late in 2007, City Council appointed an advisory committee to look into repeated noise and related complaints lodged against about a half dozen single family homes being rented for periods ranging from a few days to one or two weeks. The committee did not consider condominiums because they already have very strict internal rental policies in their bylaws.

Unfortunately, something inexplicable happened between the committee’s efforts and the draft short -term rental ordinance presented to the Planning Board on Jan. 30. Instead of focusing on the problem studied by the committee, the proposed ordinance casts an expensive net of red tape that will ensnare every home and condominium using a rental period of six months or less.

Even worse, the proposed ordinance is like using a cannon to kill a mosquito. It completely strips away every home and condominium owner’s “right” to rent for any period of six months or less. In exchange it provides a drawn-out, fee-based procedure by which owners may apply for a limited privilege to rent called a “conditional use.” This involves filing a written petition, undergoing any required inspections, providing notice of intent to rent to abutting property owners, a public hearing, agreeing to abide by any and all conditions which may be imposed, including to be available 24-hours a day seven days a week for emergencies and complaints. Unlike an owner’s “right” to rent, which may be reasonably regulated but not taken away, the petition for a “conditional use” may be granted or denied in the discretion of the community development director. If granted, it may be permanently revoked in its entirety at any time for any infraction.

The fact that properties needing rental income for purchase or to avoid foreclosure could have their petitions to rent initially denied or permanently revoked will negatively impact the value of all Island properties.

Those having concerns about the proposed ordinance’s debilitating effect on rentability, affordability and market values should voice them to the Planning Board at its 9 a.m., Friday meeting in the Community Room located in back of the police building.

Kelly Linman

Marco Island