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City attorney: short‑term rental policy can proceed case‑by‑case via planned development, but risk of preemption exists
Summary
The city attorney told commissioners the plain reading of state law suggests Daytona Beach can add vacation rentals to certain base zoning districts, but uncertainty remains and an attorney general opinion is unlikely to be more definitive; the safer route is to allow vacation rentals case‑by‑case through grandfathered planned development agreements.
The city attorney briefed the commission on May 6 about whether state law preempts local rules that would allow vacation rentals in zoning districts where they are currently not permitted. The attorney’s short answer: the city is "probably not preempted," but there is no definitive Florida case law resolving the question and an attorney general opinion…
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