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ORDINANCE 2016- 006 (g) Units Grandfathered -in for a Higher Occupancy Cap 1. A vacation rental unit in existence with a valid state license and operating with more than four (4) bedrooms on June 21, 2016 shall be considered grandfathered -in as a legal non -conformity and not subject to the occupancy limit maximum (cap o) f 10 persons as stated in 911.15(9)(d)4c so long as grandfathering is maintained in accordance with section 904.08(1) for legal non -conformities. Overnight maximum sleeping occupancy for grandfathered - in units shall be determined using the criteria of Sections 911.15(9)(d)4a and 911 15(9)(d)4b. For purposes of determining the number of bedrooms in operation for a grandfathered -in unit on June 21 2016 and for calculating the unit's maximum sleeping occupancy the number of bedrooms shown on the unit's approved building permit drawings of record as of June 21 2016 shall be used. SECTION #2: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #3: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #5: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the 6th day of June , 2016, for a public hearing to be held on the 21st day of June , 2016, at which time it was moved F:ACommunity Development\CurDevAOrdinances\2016 Ordinances\2016- 911.15 (CountyVacRentalLicense) - FINAL VERSION.docx 5