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WaltonIsOne

Beach Lover
Nov 14, 2009
88
40
Walton County, FL
A wedding reception held by someone other than the property owner is not a lawful assembly - it is a commercial event on a residential property and thus is not lawful.

It takes a far stretch of one's imagination to even consider agreeing with that point as being factual. There are no laws on the State of Florida or our county's books that outlaw wedding events being held on residential property by a residential property renter.

Take a look at the Florida Statutes Referenced below to view the facts.

CHAPTER 870
AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES


http://leg.state.fl.us/statutes/ind...ute&URL=0800-0899/0870/0870ContentsIndex.html

And, in fact, the county's land development code does not prevent residential rentals being used to hold "events" being held by renters.

With that being said, for the sake of repeating the point, all noise, parking, trespassing and disturbing the peace ordinances must be complied with by those who attend any event held by a renter.
 

Andy A

Beach Fanatic
Feb 28, 2007
4,389
1,738
Blue Mountain Beach
Not to over simplify, but if you receive reimbursement for an event that is commercial in nature at a place the land use code says is deemed "residential", you are circumventing the law, to say the least.
 

scooterbug44

SoWal Expert
May 8, 2007
16,732
3,330
Sowal
Assemblies that violate noise, parking, tresspassing, and disturbing the peace ordinances are not considered LAWFUL.

By your own definition, an assembly/event that breaks rules and ordinances is not lawful.
Using a residential land use for commercial purposes breaks rules and ordinances.
Thus, it is not a lawful assembly.

All of the problems and complaints involved in this discussion are why we have residential land uses and commercial land uses.
 

Andy A

Beach Fanatic
Feb 28, 2007
4,389
1,738
Blue Mountain Beach
To further amplify, we have those land use codes and zoning (which we don't have, but need) to assure a reasonable and comfortable development of land resources. If a community is developed properly both businesses and residents are pleased with its development. No one's "property rights" are usurped because of proper and well thought out community planning. Quite to the contrary, they are increased because their property value is increased through good and cogent planning.
 

WaltonIsOne

Beach Lover
Nov 14, 2009
88
40
Walton County, FL
Not to over simplify, but if you receive reimbursement for an event that is commercial in nature at a place the land use code says is deemed "residential", you are circumventing the law, to say the least.

Your logic could also lead one to believe that if a renter has a birthday party where the renter supplies food, drink and entertainment, and the same renter receives birthday gifts in the form of cash (that represent a form of pecuniary gain received from those attending the party), then the birthday party should also be considered a commercial event.
 

WaltonIsOne

Beach Lover
Nov 14, 2009
88
40
Walton County, FL
To further amplify, we have those land use codes and zoning (which we don't have, but need) to assure a reasonable and comfortable development of land resources. If a community is developed properly both businesses and residents are pleased with its development. No one's "property rights" are usurped because of proper and well thought out community planning. Quite to the contrary, they are increased because their property value is increased through good and cogent planning.

Of course, Walton County's "Neighborhood Commercial" land use designation that was enacted has and will continue to usurp the rights to peace and quiet of many residents who originally purchased in a residential only community.
 

Andy A

Beach Fanatic
Feb 28, 2007
4,389
1,738
Blue Mountain Beach
WaltonisOne, you either have no conception of community planning or you do not wish to accept it. Since it is obvious you are intelligent, I'll have to assume it is the latter. So lets just say we disagree and you pursue the use and development of land in a hodge podge build anything you want anywhere you want and do what you want and to hell with your neighbors and I'll opt for a well planned, strictly enforced land use with zoning to protect my and my neighbor's peace, quiet and rights.
 

WaltonIsOne

Beach Lover
Nov 14, 2009
88
40
Walton County, FL
WaltonisOne, you either have no conception of community planning or you do not wish to accept it. Since it is obvious you are intelligent, I'll have to assume it is the latter. So lets just say we disagree and you pursue the use and development of land in a hodge podge build anything you want anywhere you want and do what you want and to hell with your neighbors and I'll opt for a well planned, strictly enforced land use with zoning to protect my and my neighbor's peace, quiet and rights.

Andy, I must not be that intelligent, as my personal concern is not coming through crystal clear.

When I and others purchased residential property here many years ago, we knew what we were buying, residential property in a tourist economy.

I bought here to live, others bought here to rent. Every time the county officials elect to not enforce the laws on the books in response to illegal activity within residential areas in the county, the county government gets manipulated into making changes to the Land Development Code to appease a small group of people. This has lead to the "hodge podge" that you referred to in your well thought out point.

Each time, these changes to the LDC reduce the rights of what we can do with our property, and the values of our property, and the saleability of our property. Essentially, our properties are no longer what we originally bought as the rights associated with the property have been diluted or reduced.

Yet, our property taxes are not reduced accordingly with the changes in residential use and its "new value" when these negative changes take effect.

The problem is, when the county government fails to enforce the laws, a few people in this county manipulate the Planning Department to promote changes or adds to the land development code in order for the county to take rights away from other property owners who are not causing the problem in an effort to make it look like something is being done by county government. This situation is no different.

There is actually a much larger agenda in the background that is ongoing, and in this case, "A money trail" has been identified.

Those who know me in the county will tell you, the last thing I am is not neighborly. I, like you, want my neighbors to live in peace in quiet within the already established boundries of a Tourist Area. I have been pushing for some time now for the Sheriff and the county govt to enforce the noise, parking, trespassing, and disturbing the peace ordinances in an effort to protect the rights to peace and quiet of those affected by the so-called "wedding houses".

By the county electing not to enforce the laws on the books, the residents who really are suffering from "wedding houses" will never get the peace and quiet they desire.

Meanwhile, if legislation goes into effect to reduce what rental property owners can do with their residential property and it causes these property owners to lose revenues and property value, the county (and us tax payers) will have to pay the cost of these losses. This has already been established in Florida Case law: http://www.veniceflorida.com/features2/pdf/Gwynn_Court_Order.pdf .

And the worst of all, new investors in this county will not materialize, and those who have suffered substantial losses in property values over the last 4 years will continue to do so thereby negatively impacting the county tax base unless the millage rates are raised again. And local businesses will continue to suffer, and the county's construction industry will never make a comeback.

In the end we all end up on the losing side together.
 

scooterbug44

SoWal Expert
May 8, 2007
16,732
3,330
Sowal
I agree that we need to enforce our existing rules and that we should not let a minority pervert and dictate policy for the majority.

I disagree that ENFORCING the proper land use in accordance with countrywide norms will be an economic disaster.

I do agree that many of the recent proposals do not adequately address the problem.

Residential means one thing, commercial means another.

You bought residential property.
You own residential property.
You pay taxes on it as residential property.
New buildings on your property must conform to residential building codes.

Just because you want to call your "duck" a "goose" because it suits your purposes does not mean it's a goose. It was born to 2 ducks and has duck DNA.
 
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