Cocoa Beach adopts stricter vacation rental rules and a new per-occupant fee schedule

3060934 · April 18, 2025

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Summary

The Cocoa Beach City Commission adopted amendments to the city's vacation-rental code and a companion fee resolution on second reading, adding enforcement tools and a per-occupant registration fee structure that includes inspections. The action passed unanimously after extended public comment from property owners and residents.

The Cocoa Beach City Commission on second reading adopted Ordinance No. 16-97, which amends Chapter 26.5 (vacation rentals) of the city code, and approved Resolution No. 2025-07 setting registration fees and fines for vacation rentals.

The ordinance expands definitions and enforcement options for short-term rentals, adds methods for registration and penalties for violations, permits temporary suspension of certificates of registration and clarifies grandfathering provisions. The fee resolution sets registration and renewal fees calculated by maximum allowed occupancy and distinguishes single-family and multifamily units; staff said the new schedule includes fire and building inspections.

The changes, city staff said, are intended to address noise, parking and nuisance complaints while creating a funding structure to pay for inspections and code enforcement. "It is what we allow, which was in the document that we just adopted, is 2 persons per bedroom plus 2 persons," staff member Becky told commissioners when explaining occupancy definitions and enforcement. Becky also stated that the new fees "include both fire and building inspections." Commissioner discussion emphasized balancing resident protections with impacts on small apartment owners.

The commission and staff repeatedly referenced prior fees and the rationale for the new structure. Staff noted the previously proposed single, flat $2,500 registration would not have included the separate fire and building inspections; under the newly adopted schedule staff gave sample figures of $219.45 per registered occupant for single-family units and $146.30 per registered occupant for multifamily units. A staff member said those per-occupant charges apply to both initial registrations and annual renewals and were calculated to cover inspection and program costs.

Public commenters who own or represent rental properties appealed for exemptions and impact studies. Lisa Bosch, who identified herself as counsel and a property owner, told commissioners the ordinance "really does concern me" and said she saw no economic impact study showing effects on fees for small multifamily properties. Janice Scott and other residents expressed concerns about condominiums operating as hotels under condo documents and whether the city's code enforcement would address conflicts between condo documents and city zoning.

Several speakers representing small apartment owners warned the per-occupant model could disproportionately affect Gateway and Town Center areas where transient lodging is a permitted use. In reply, a staff speaker said the ordinance contains a specific exception for the Cocoa Beach Towers condominium at 220 Yonge Avenue that previously obtained a transient lodging special exception by resolution in 02/2008; the staff speaker said the new ordinance otherwise applies to the districts the commission previously directed be included.

Commissioners and staff also clarified enforcement steps: advertising beyond registered occupancy, blatant violations (for example permitting large groups or advertising higher occupancy than registered), and repeat nuisance complaints may trigger warnings and penalties. Becky said if a neighbor reports excess occupants the city would issue a warning and require the owner to reduce occupancy immediately; if the owner failed to do so, penalties could follow.

After public comment and discussion the commission adopted the ordinance and the fee resolution by voice vote and roll call, each passing 5-0.

Commissioners directed staff to proceed with implementation steps including hiring and budget details for inspection and enforcement staff; commissioners also discussed staging inspections to match available inspection capacity. Several commissioners asked staff to return after roughly a year with a program review to measure actual costs and effectiveness.

The ordinance takes effect per its codified effective date; the fee resolution is effective on the date specified in that resolution. The commission voted 5-0 on both formal items.