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Item:  A recent lawsuit that halted the transfers of transient licenses from a New Town resort to various Old
Town properties has led Key West officials to revise and clarify the city law that governs such transfers.
A brief history of the "Transfer of Transient Licenses Ordinance."

The ordinance was first proposed by an attorney for a local developer. The City Commission directed the city
attorney to prepare such an ordinance. Because it was an amendment to the Land Development Regulations,
it had to be approved by the city planning board to certify that the ordinance was "consistent with the
principles for guiding development of the City of Key West." This process was completed, but not before the
planning board made several changes in the ordinance. The ordinance was subsequently approved by the city
commission.

One of the "selling points" of the ordinance was that it provided for the transfer of transient licenses out of
nonconforming zones. The city had previously granted transient licenses to homeowners in residential zones.
At this time transient use in residential zones had become a hot zoning issue.
Some details of the ordinance not widely understood:

The ordinance provided for the transfer of licenses but also the transfer of "ROGO" (Rate of Growth
Ordinance) units. If a number of licenses could be purchased, for example, they could not be transferred to a
large residence in an "allowable" zone without the accompanying ROGO units.

The ordinance provided that no permanent residents should be displaced. This wording was in response to
situations that had previously developed where long-term renters would be forced to leave so that the unit
could be converted to transient use.

The ordinance also provided that the application for transfer should come back to the planning board for
approval. (The original draft did not have this provision: the application would have been processed in the
offices of one of the city's departments.)

In the case of conversion of, for example, a modest motel unit into a converted residence there was no
statutory provision made to control the size of the receiver unit. It was understood that the planning board
would decide each application on a case by case basis, with the idea of relative equivalence in mind.
Some problems with revising this (or any land development) ordinance:

Because of the complicated nature of this ordinance the average citizen/homeowner will NOT be able to
understand it.

There is NO built-in mechanism in the process to protect the interests of the individual homeowner.

Possible problems will be proliferation of transient units in residential areas, and expansion of unit
size/number in spite of rate of growth controls.

The interests of the homeowner, including maintaining property values, neighborhood values, and preserving
the quiet enjoyment of his/her home will best be maintained by having an outside attorney well-versed in land
development issues review the ordinance to make sure that the homeowners' interests are preserved.

The revised ordinance will probably be presented in the summer months when many homeowners are absent.
Comments from responsible parties are
encouraged.
Will this new ordinance pass the "three-pronged test"?

1. Who wants it and why? Apparently it will be requested by "City Officials," in order to clarify the law,
something that would benefit both applicants and planning department employees.

2. How will it benefit our Key West community? A good question. The original ordinance was touted as a
way to rid traditional neighborhoods of licensed non-conforming transient rentals.

3. Who will it damage, and if approved, what can be done to mitigate that damage? The answer to this
question will be in the details which have yet to be revealed.