§ 34-2392. Registry of certain pre-existing weekly rentals.

(a)

Dwelling units in certain zoning districts are not permitted to be rented to more than a single-family during any one-month period due to restrictions found in Tables 34-1 and 34-2 of this chapter. The owner of any such dwelling unit that was being lawfully used for weekly rentals during the 12-month period prior to January 1, 2003, may apply for registration under this section to continue weekly rentals.

(1)

Upon verification by the town and placement of such dwelling units on a registry of pre-existing weekly rentals, the owners of registered dwelling units may continue to rent those units to a single-family for periods of one week or longer, without the once-per-month maximum that would otherwise have applied.

(2)

This right shall run with the land and shall not be affected by the transfer of the property to subsequent owners.

(3)

If weekly rentals of a particular dwelling unit are terminated for any reason for any 12-month period, weekly rentals may not thereafter be reinstated in that dwelling unit.

(4)

Dwelling units on land that is not affected by the restrictions in Tables 34-1 and 34-2 of this chapter limiting rentals to no more than a single-family during any one-month period should not be submitted for registration. Such units will not be placed on the registry of pre-existing weekly rentals.

(b)

Applications for annual registration of lawful pre-existing weekly rental units shall be submitted to the town manager by June 1, 2003. Each application must include:

(1)

Name of the applicant, if different than the property owner, and the applicant's mailing address and telephone number.

(2)

Name of current property owner (and previous owner, if property has been transferred since January 1, 2003).

(3)

Street address and STRAP number of parcel.

(4)

Number of rental dwelling units at that address that are part of the application.

(5)

Evidence of lawful pre-existing weekly rental use of each dwelling unit in the application as of January 1, 2003. Such evidence may include:

a.

Evidence that each dwelling unit was licensed by the State of Florida as a "resort dwelling" or as a public lodging establishment, in accordance with F.S. § 509.241.

b.

Evidence of regular payment of Lee County's three percent tourist development tax on rentals of each dwelling unit.

c.

Evidence of regular payment of Florida's six percent sales tax on rentals of each dwelling unit.

d.

Signed rental contracts or income tax returns.

(6)

A local telephone number with a contact that is available 24 hours a day.

(7)

Payment of an application fee established by the town.

(8)

Notarized signatures of the property owner (and the applicant, if different than the property owner) attesting to the truth and accuracy of all information submitted with the application and consenting to inspection of the premises at reasonable hours to determine compliance with town and fire codes.

(c)

The town manager will evaluate each application and notify applicants in writing within 60 days whether each dwelling unit is being registered with the town as a pre-existing weekly rental unit or whether the dwelling unit does not qualify for such registration. Reasons for disqualification will be stated in the written notice. All applications and written responses are public records and will be available for inspection at Town Hall.

(d)

Decisions by the town manager pursuant to this subsection may be appealed to the town council by the applicant or adjoining property owner in accordance with § 34-86 of this chapter. In addition to the criteria in this subsection, the town council may consider evidence submitted by the appellant alleging equitable considerations for registration of a dwelling unit despite noncompliance with a particular requirement of this division. The town council shall consider the advice of the town attorney when evaluating allegations for equitable relief.

(e)

Registrants must supplement their application within 30 days if they change the local telephone number for the contact that must be available 24 hours a day.

(f)

Beginning on June 1, 2004 and every year thereafter, renewal applications are due for all registered weekly rental units.

(1)

The renewal application shall be the same as the original application except that evidence of subsections (b)(5)a., (b)(5)b., and (b)(5)c. of this section shall be mandatory for every renewal period.

(2)

Registrants who continue weekly rentals after failing to complete a renewal application and obtaining registration for another year will be in violation of this code.