Sec. 14-87. - Occupancy location, limits, and other requirements.

(a)

A short-term rental is only permitted in a dwelling unit, or a portion thereof, by a tenant or occupant for residential purposes, short-term rentals are prohibited in accessory structures and structures that do not constitute a dwelling unit or portion thereof.

(b)

The maximum occupancy for the dwelling and short-term rental unit shall be two persons per bedroom, excluding children under 12 years of age, and in cases where dwelling units use an on-site wastewater treatment system ("OWTS") maximum occupancy shall not exceed the number of bedrooms supported by the design load of the property's OWTS. The record owner shall provide records and/or information that the building official or his/her designee deems reasonably sufficient to determine the number of bedrooms for which the OWTS is rated. If OWTS information is unavailable for the dwelling unit, it shall be deemed a two-bedroom dwelling unit. The owner has the ability to submit valid system suitability determination ("SSD") to determine the bedroom count. Dwelling units serviced by cesspools are not eligible for short-term rental. The maximum occupancy may be further limited by the requirements of subsection (b), herein.

(c)

No tents, storage units, boats, recreational vehicles, and the like shall be used and/or occupied while on the short-term rental property.

(d)

The record owner shall be jointly and severally liable for compliance with the short-term rental ordinance provisions, including but not limited to, rental term limits, occupancy limits and other requirements. Noncompliance with any of the provisions of this article or any other Code of Ordinance provisions of the Town of Jamestown by users of the short-term rental unit shall constitute a violation of this chapter.

(Ord. of 8-30-2022, § 1(Exh. A); Ord. of 8-7-2023)