Is Airbnb legal in New Smyrna Beach?

In New Smyrna Beach, short-term rental regulations are quite specific and must be adhered to by hosts seeking to use platforms like Airbnb. Here are the key points regarding the regulations:

1. Registration Requirements: Hosts must obtain two necessary licenses to operate legally. This includes a Business License Tax Receipt from the city and a Department of Business & Professional Regulation License from the state of Florida.

2. Zoning Compliance: Rentals are only permitted in designated zoning areas. It's essential for property owners to verify their property’s zoning to ensure it allows for short-term rentals. Zoning districts that allow short-term rentals include certain classifications along the Intracoastal Waterway and other specified areas.

3. Application Process:

   • Homeowners need to submit an application for a Business License Tax Receipt to the building department, pass an inspection, and renew the license annually.
   • The state license application requires homeowners to complete eligibility questions and submit associated documentation.

4. Inspection: Properties must pass an inspection by the building department to obtain the Certificate of Use. Properties that fail inspection must rectify any issues before rescheduling.

5. Documentation: The required documentation for obtaining the local Business License Tax Receipt includes a completed application, proof of the state license, federal tax ID, and general liability insurance, among others.

6. Enforcement and Compliance: Recent community discussions indicate varying levels of enforcement. While many property owners continue to explore short-term rentals, those in R2-zoned areas have reported receiving notice of violations, indicating that compliance with zoning restrictions is actively monitored.

7. Community Debate: There has been ongoing debate among property owners regarding the fairness and necessity of these regulations, especially concerning their impact on income potential for Airbnb hosts in the area.

Potential hosts are encouraged to stay informed about local regulations and engage with community discussions to advocate for their interests in short-term rentals.