(A) The maximum occupancy of a vacation rental shall be stated in the vacation rental registration form, and shall be limited to two occupants (as defined herein) per bedroom (as defined herein) plus two occupants, with a maximum capacity of 12 persons.
(B) The maximum occupancy restriction as set forth above shall not apply when the property is owner occupied by the vacation rental owner.
(C) Notwithstanding the above, a vacation rental that was used as a vacation rental as of the effective date of this chapter, may apply for the status of grandfathered for a period of ten years, as to occupancy limitations, and may cap its occupancy based upon the following criteria and procedures. Vacation rentals that have an occupancy of 12 or less as determined according to § 158.030(A) above will not require grandfathering to maintain that occupancy.
(1) A grandfathered vacation rental shall have its maximum occupancy based upon two persons per bedroom (each bedroom must meet the definition of bedroom herein) at the time of application for grandfather status. A change in the number of bedrooms at the vacation rental shall cause such vacation rental to lose its grandfathered status.
(2) The vacation rental owner, or agent, as applicable, ("grandfathering applicant"), shall complete a grandfathering application as prescribed by the town, which shall be submitted under oath and upon penalty of perjury, and provide verifiable written proof of the number of bedrooms as herein defined in the vacation rental.
(3) The grandfathering application and supporting proof shall be submitted to the town for review by town staff, and such staff shall make a written determination as to the maximum occupancy of such grandfathered vacation rental.
(4) If the town staff fails to confirm the requested occupancy level, the Town of Palm Shores shall notify the grandfather applicant of that fact, and the occupancy level that can be approved, in writing. Within 20 days after such notice, an evidentiary hearing may be requested by the grandfather applicant before the Special Magistrate to provide the grandfather applicant an opportunity to provide evidence and/or testimony in support of the occupancy requested. A determination by the Special Magistrate after such evidentiary hearing shall be final. If no hearing is requested during that time period, the occupancy level shall be set at the level determined by the town staff upon initial review.
(5) An application for grandfathering shall be submitted, if at all, but no later than the time of registration of the vacation rental, but not later than January 1, 2020, along with fees established by the Town Council by resolution. If the town extends the date that registration is required, the deadline for the application for grandfathering shall also be extended to the same extended date. If a vacation rental has been registered, but a final determination as to the occupancy level based upon grandfathering has not yet been made, such vacation rental may allow occupancy up to the occupancy requested in the grandfathering application until such time as a final determination as to occupancy has been made.
(6) If it is reasonably determined by the town staff that any information supplied to the Town of Palm Shores in support of an application for grandfathering was intentionally false or fraudulent, the person supplying the false or fraudulent information shall be subject to a fine. If there is such a determination by town staff, the Town of Palm Shores shall notify the grandfather applicant of that fact, and within 20 days after such notice, an evidentiary hearing may be requested by the grandfather applicant before the Special Magistrate to provide the grandfather applicant an opportunity to provide evidence and/or testimony to show that the information supplied in support of the application for grandfathering was not intentionally false or fraudulent. The determination by the Special Magistrate after such evidentiary hearing shall be final. If no hearing is requested during that time period, the initial determination by the town staff shall be final.
(7) If a vacation rental registration does not exist as to a vacation rental for a period in excess of 13 months, any grandfathering determination shall be deemed abandoned, and shall no longer be applicable to that vacation rental.
(Ord. 2019-07, passed 11-19-2019)