PHED Committee # 1 & 2
September 25, 2017
MEMOR ANDUM
September 21, 201 7
TO:
FROM:
SUBJECT:
Planning, HJusing, and Economic Development Committee
Jeff Zyon-Ps:nio r Legislative Analyst
Zoning Text Amendment 17-03, Accessory Residential Uses - Short-term Rental; and
Bill 2-16, Transient Housing - Licensing and Registration
ZTA 17-03
On September 25, the Committee (3-0) tentatively recommended approval of ZTA 17-03 with revisions
to Subsection 59.3.3.3.I.2.b and c as follows:
b.
c.
The dwelling unit used as~ Short-Term Rental must be the [[applicant's]l property owner's
or owner-authorized resident's primary residence, regardless of dwelling unit~
If
the [[applicant]] property owner or owner-authorized resident is not present in the
residence, the-property can be used as~ Short-Term Residential Rental for~ maximum of
90 days in~ calendar year.
If
the [[applicant]l property owner or owner-authorized resident
is physically present [[in]] and occupies the residence during the rental stay, there is no
limitation on the number of days the property can be used as~ Short-Term Residential
Rental.
The Committee in all other respects agreed with the Planning Board recommendation to include the
following limitations on short-term residential rental:
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Allow only on sites without either a farm tenant dwelling or an accessory apartment.
Allow only if the site is the primary resident of the applicant.
Limit the maximum rentals in a calendar year to 90 days, counting only when the owner or
authorized resident is absent.
>
Limit the total number of adult overnight guests to six.
>
Limit the total number of adult overnight guests per bedroom to two.
>
Require one off-street parking space for each rental contract, unless the online listing indicates that
vehicle parking is prohibited.
The Committee declined to amend the standards for a bed and breakfast at this time. The Committee was
persuaded by Staff that such a change would be beyond the scope of the advertisement for ZTA 17-03.
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Bill 2-16
On September 25, the Committee (3-0) tentatively recommended approval of Bill 2-16 as recommended
by the Planning Board, with revisions as follows:
1.
Require a license applicant to certify that the short-term rental:
a.
has provided notice to any applicable home owner association, condominium,
housing cooperative, and the owner of the unit or the owner's rental agent, if the
applicant is not the owner (lines 471-474);
b.
is not prohibited by any home owner association, condominium document or rental
lease (lines 475-476);
c.
is current on dues owed to any home owner association, condominium (lines 477-
478);
d.
will have the license number and State Vendor Identification number on any on-
line listing (lines 481-482);
Licenses and license renewal require the Director to find compliance with applicable laws
and the certification required by the licensee (line 495-496).
Allows challenges to occur for short-term rental licenses (line 501).
Allows municipalities, condominium associations and housing cooperatives to challenge a
license (lines 506-509).
Revise the text on a license suspension to define the reasons for the suspension of a license
as a violation of the license or of the County Code within any 12 month period (lines 519-
520).
2.
3.
4.
5.
New issues raised
by
staff
HHS staff noticed that the proposed Bill before the Committee on September 18 failed to make violations
of the new Article concerning short-term residential rental licensing subject to Class A violations. The
draft before the Committee corrects that oversight (lines 165-166).
Staff was unsure if the Committee recommended that HHS provide maps and data like the site that DHCA
has on accessory dwelling units. That provision is not included in the attached draft.
Background
This Bill anticipates the approval of ZTA 17-03, which will make Bed and Breakfast a limited use in most
residential and mixed-use zones.
Short-term residential licensing in the attached draft ofBill 2-16 would require:
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Compliance with zoning
Maximum occupancy consistent with zoning
Limiting rentals to habitable rooms
A carbon dioxide detector for units with natural gas
No code violations in the past year (for new licenses)
Operating sanitation facilities
Paid taxes
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Site of the rental is the primary residence of the applicant
The applicant is the owner or is authorized by the owner to apply
Posted rules and posted contact information for a designated representative
A record of guests
Notice to neighbors of the application request
Certification that the rental is allowed by the HOA, or condominium restrictions if applicable
Licenses issued for a one-year term
Can municipalities opt out of the proposed regulatory scheme?
Except for Brookeville, Poolesville, Laytonsville, Rockville, Barnesville, Gaithersburg, and Washington
Grove, all municipalities are subject to the County's zoning code. The Town of Somerset has requested
an exemption for and change to the illegal status of short-term residential rental. Staff knows of no
municipal exemptions in the current code.
Chapter 54 of the code is different from zoning. Municipalities may opt out by their own action. The
towns of Chevy Chase View, Chevy Chase, Gaithersburg, Garrett Park, Glen Echo, Laytonsville,
Poolesville, Rockville, Somerset, and Washington Grove are NOT subject to the provisions of Chapter 54.
ZTA 17-03 requires any short-term rental to have a license under Chapter 54. Any municipality that opts
out of Chapter 54 could not have licenses approved by the County within its jurisdiction. Under these
circumstances and under the proposed text, the zoning ordinance would not allow a legal short-term rental
in a municipality that that opts out of Chapter 54.
This Packet Contains
ZTA 17-03 revised per PHED recommendations
Bill 2-16 revised per PHED recommendations
©number
1- 7
8-29
F:\Land Use\ZTAS\JZYONTZ\2017 ZTAs\17-03 Accessory Residential Uses - Short-term rental\ZTA 17-03 PHED memo September 25.docx
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Zoning Text Amendment No.: 17-03
Concerning: Accessory Residential
Uses - Short-Term Rental
Draft No. & Date: 2 - 9/19/17
Introduced: June 13, 2017
Public Hearing:
Adopted:
Effective:
Ordinance No.:
COUNTY COUNCIL FOR MONTG OMERY COUNTY, MARYLA ND
SITTING AS THE DISTRIC T COUNCIL FOR THAT PORTION OF
THE MARYLA ND-WAS HINGTO N REGIONAL DISTRICT WITHIN
MONTG OMERY COUNTY, MARYLA ND
Lead Sponsor: Council President at the request of the Planning Board
AN AMENDM ENT
to the Montgomery County Zoning Ordinance to:
modify the definition of "Household Living";
define "Short-Term Residential Rental";
establish limited use standards for short-term residential rental; and
generally amend provisions allowing for short-term residential rentals
By amending the following sections of the Montgomery County Zoning Ordinance,
Chapter 59 of the Montgomery County Code:
DIVISION 59.1.4.
Section 59.1.4.2.
DIVISION 59-3.1.
Section 59-3.1.6.
DIVISION 59.3.3.
Section 59.3.3.3.
DIVISION 59-3.5.
Section 59-3.5.6.
DIVISION 8.2.
Section 8.2.3.
DIVISION 8.3.
Section 8.3.2.
"Defined Terms"
"Specific Terms and Phrases Defined"
"Use Table"
"Use Table"
"Residential Uses
"Accessory Residential Uses"
"Commercial Uses"
"Lodging"
"Residential Floating Zones"
"Use Table for the RT and R-H Zones"
"Planned Unit Development Zones"
"PD Zone"
And adding the following section:
Section 3.3.3.I.
"Short-Term Residential Rental"
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EXPLANATION: Boldface
indicates a Heading or a defined term.
Underlining indicates text that is added to existing law by the original text
amendment.
[Single boldface brackets] indicate text that is deleted.from existing law by
original text amendment.
Double underlining indicates text that is added to the text amendmen t by
amendment.
[[Double boldface brackets]] indicate text that is deleted.from the text
amendmen t by amendment.
* * *
indicates existing law unaffected by the text amendment.
ORDINANCE
The County Council for Montgomery County, Maryland, sitting as the District Council for
that portion of the Maryland-Washington Regional District in Montgomery County, Maryland,
approves the following ordinance:
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Zoning Text Amendment No.: 17-03
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Sec. 1. DIVISION 59.1.4 is amended as follows:
Division 59.1.4. Defined Terms
*
3
4
*
*
Section 59.1.4.2. Specific Terms and Phrases Defined
In this Chapter, terms that are not specifically defined have their ordinary meaning.
The following words and phrases have the meanings indicated.
*
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6
7
*
*
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9
Shooting Range (Outdoor):
See Section 3.5.10.J.l
Short-Term Residential Rental:
See Section 3 .3 .3 .I
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*
*
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Sec. 2. DIVISION 59-3.1 is amended as follows:
*
*
*
Section 3.1.6. Use Table
The following Use Table identifies uses allowed in each zone. Uses may be
modified in Overlay zones under Division 4.9.
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Zoning Text Amendment No.: 17-03
Residential
Residential
Residential Detached
RE- RE- R- R- R- R-
2C
1 200 90 60 40
Townhouse
Residential
Multi-Unit
R- R-
30 20
Commercial/
Residential
Employment
Rural
Definitions
USE OR USE
GROUP
and
Standards
AR
R RC RNC RE-2
Ag
Residential
TLD TMD THD
R-10 CRN CRT CR
GR NR LSC EOF
* * *
RESIDENTIAL
* * *
ACCESSORY
***
3.3.3.
RESIDENTIAL USES
* * *
Short-Term
Residential
Rental
3.3.3.1
.b
.b .b
.b
.b
.b .b .b .b .b .b
.b
.b
.b
.b .b
.b
.b
.b
.b
.b .b .b
.b
*
*
*
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Sec. 3. DIVISION 59.3.3 is amended as follows:
DIVISION 59.3.3. Residential Uses
Section 3.3.1. Household Living
A.
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Defined, In General
Household Living means the residential occupancy of a dwelling unit by a
household [on a monthly or longer basis] for 30 consecutive days or longer.
*
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* *
*
Section 59-3.3.3. Accessory Residential Uses
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*
I.
*
Short-Term Residential Rental
1.
28
Defined
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Zoning Text Amendment No.: 17-03
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Short-Term Residential Rental means the residential occupancy off!
dwelling unit for~ fee for less than 30 consecutive days. Short-Term
Residential Rental is not f! Bed and Breakfast.
Use Standards
Where Short-Term Residential Rental is allowed as
must satisfy the following standards:
Short-Term Residential Rental is prohibited in f! Farm Tenant
Dwelling or on f! site that includes an Accessory Apartment.
b.
The dwelling unit used as f! Short-Term Rental must be the
[[applicant's]) property owner's or owner-authorized resident's
primary residence, regardless of dwelling unit~
C.
~
limited use, it
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If
the [[applicant]) property owner or owner-authorized resident
is not present in the residence, the property can be used as f!
Short-Term Residential Rental for f! maximum of 90 days in
~
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calendar year.
If
the [[ applicant]] property owner or owner-
authorized resident is physically present
[[ml]
and occupies the
residence during the rental stay, there is no limitation on the
number of days the property can be used as f! Short-Term
Residential Rental.
d.
e.
The use must be licensed under Chapter 54.
The maximum number of occupants is limited by Chapter 26,
Section~ however, the total number of overnight guests in the
Short-Term Residential Rental who are
_lli
years or older is
limited to six, and the total number of overnight guests over
.IB
years of age per bedroom is limited to two.
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Zoning Text Amendm ent No.: 17-03
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59
f.
One off-street parking space must be provided for each rental
contract unless the online listing indicates that vehicle parking
is prohibited.
*
* *
Sec. 4. DIVIS ION 59-3.5 is amended as follows:
Division 3.5. Commercial Uses
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*
A.
*
*
Defined, In General
Section 3.5.6. Lodging
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Lodging means a building.,_ dwelling unit, or
~
portion of~ dwelling unit used
for the short-term overnight accommodation of paying guests.
B.
Bed and Breakfast
1.
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Defined
67
Bed and Breakf ast means a detached house that is owner-occupied
with no more than 5 guest rooms for rent and customarily serves
breakfasts to guests. A Bed and Breakfast is not~ Short-Term
Residential Rental.
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*
*
*
Sec. 5. DIVIS ION 59-8.2 is amended as follows:
Division 8.2. Residential Floating Zones
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*
A.
B.
*
*
Section 3.1.1 through Section 3.1.4 apply to the Use Table in Section 8.2.3.
The following Use Table identifies uses allowed in each zone. Uses may be
modified in Overlay zones under Division 4.9.
Section 8.2.3. Use Table for the RT and R-H zones
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Zoning Text Amendment No.: 17-03
USE OR USE
GROUP
RESIDEN TIAL
Accessory
Residential Uses
Short-Ter m
Residential
Rental
RT-6.0
Definitions
and Standards
RT-8.0
RT-10.0
RT-12.5
RT-15.0
R-H
* * *
* * *
3.3.3
* * *
3.3.3.I
1
1
1
1
1
L
* * *
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Sec. 6. DIVISION 59-8.3 is amended as follows:
Division 8.3. Planned Unit Development Zones
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*
*
*
*
Uses
1.
Section 8.3.2. PD Zone
*
B.
*
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Residential Uses
*
*
*
C.
Short-Term Residential Rental is allowed as
Section 3.3.3.I.
~
limited use under
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*
*
*
Sec. 7. Effective date.
This ordinance becomes effective 20 days after the
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date of Council adoption.
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This is a correct copy of Council action.
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Linda M. Lauer, Clerk of the Council
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2-16
Bill No.
Housing
Concerning: Transient
Licensing and registration
Revised:
9/19/17
Draft No.
7_ __
February
2, 2016
Introduced:
August
2, 2017
Expires:
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _N:..=.o=n =e'-------
Ch. _ _ , Laws of Mont Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmemb er Riemer
Co-Sponsor: Councilmemb er Rice
AN ACT
to:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
By amending
Montgomery County Code
Chapter 54, Transient Lodging Facilities
Sections 54-1, 54-2, 54-3, 54-4, 54-5, 54-6, 54-7, 54-8, 54-9, 54-10, 54-11, 54-12, 54-13, 54-
14, 54-15, 54-16, 54-17, 54-18, 54-19, 54-20, 54-21, 54-22, 54-23, 54-24, 54-25, 54-26, 54-
27, 54-28, 54-29, 54-30, 54-31, 54-32, 54-33, 54-34, 54-35, 54-36, 54-37, 54-38, 54-39, 54-
40, and 54-41
By adding:
Montgomery County Code
Chapter 54, Transient Lodging Facilities
Sections 54-22A, 54-42, 54-43, 54-44, 54-45, 54-46, 54-47, 54-48, and 54-49
Boldface
Underlining
[Single boldface brackets]
Double
underlining
[[Double boldface brackets]]
* * *
define a bed and breakfast and hotel establishment;
limit the transient housing allowed to a bed and breakfast and a hotel;
require only hotels to comply with most current licensing provisions for transient
housing;
revise the requirement for resident hotel management;
delete the requirement for annual hotel inspections;
add a requirement for hotel inspections upon complaint;
establish a licensing system for bed and breakfast establishments;
amend provisions to make them more precise, concise, and decisive; and
generally amend Chapter 54 of the County Code.
Heading or defined term.
Added to existing law by original bill.
Deleted.from existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
®
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BILL
No. 2-16
1
Sec. 1. Sections 54-1, 54-2, 54-3, 54-4, 54-5, 54-6, 54-7, 54-8, 54-9, 54-10, 54-
11, 54-12, 54-13, 54-14, 54-15, 54-16, 54-17, 54-18, 54-19, 54-20, 54-21, 54-22, 54-
23, 54-24, 54-25, 54-26, 54-27, 54-28, 54-29, 54-30, 54-31, 54-32, 54-33, 54-34, 54-
35, 54-36, 54-37, 54-38, 54-39, 54-40, and 54-41 are amended as follows:
54-1. Definitions.
2
3
4
5
6
7
For the purposes of this Chapter, unless the language or context clearly
indicates that a different meaning is intended, the following words and phrases
have the following meanings:
8
9
Average lot grade
means the arithmetic average of the highest and lowest
elevations of the ground contiguous to the building.
1
o
11
Basement[:
That] means that portion of any building [which is] located below
grade [; provided, however, that] when at least one-half of the vertical height
extends above the average lot grade. [Average lot grade, for this purpose, shall
mean the arithmetic average of the highest and lowest elevations of the ground
contiguous to the house.]
12
13
14
15
16
17
[Boardinghouse:
A dwelling in which, for compensation, lodging, or lodging
and meals, are provided or offered to not more than 5 transient visitors.]
18
19
20
21
Bed and Breakfast
means£! [dwelling unit or part of~ dwelling that is available
to overnight guests for compensation. Overnight guests on any night must
satisfy the definition of one household. A guest must stay at
~
Bed and
Breakfast for no more than 3 0 days in any one visit. Meals may be provided
to overnight guests. Bed and Breakfast means ~] detached house that is
owner-occupied with no more than 5 guest rooms for rent and customarily
serves breakfasts to guests and allowed under Section 59-3.5.6.B of this Code.
22
23
24
25
Cellar
[:That]
means that portion of any building which is located below grade
and whose vertical height extends less than one-half above the average lot
grade.
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BILL
No. 2-16
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Director [and Department:
The term "Director"] means the Director of the
Department of Health and Human Services, or the Director's designee[, and
the term "Department" means the Department of Health and Human Services].
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Department
means the Department of Health and Human Services.
Establishment
[:
Every hostel, tourist home, boardinghouse, rooming house
and guestrooms in an apartment hotel which, for compensation, provides or
offers lodging or lodging and meals to transient visitors.] means a hotel or Bed
and Breakfast or Short-term Residential Rental regulated under this chapter.
Fire Code
[:
The] means the Fire Prevention Code [set forth] in Chapter 22
[
of this Code, and any amendments thereto] as amended.
37
38
Habitable room
[:
Any] means£! room in which people normally congregate
or sleep with £! minimum ceiling height of
1
feet. [This shall not include
bathrooms,] Bathrooms, closets, porches, decks, toilet rooms, storage rooms,
kitchens.,, [or] and pantries are not habitable rooms.
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[Hostel] Hotel
[:
Any] means£! building or portion [thereof or any group of
buildings] of£! building where, for compensation, lodging or lodging and
meals are provided or offered to 3 or more transient visitors [, including hotels,
motels, tourist courts, motor courts, tourist camps and similar establishments
such as apartment hotels]. Hotel includes£! motel, but not£! bed and breakfast.
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Household
means £! person living alone, or any one of the following groups
living together as £! single housekeeping unit and sharing common living,
sleeping, cooking, and eating facilities:
1.
any number of people related hy blood, marriage, adoption, or
guardianship;
2.
1ll2 to
~
unrelated people; or
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BILL
No. 2-16
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54
2.
unrelated people and any children, parents, siblings, or other
persons related to either of them
12y
blood, adoption, or
guardianship.
[Liquid wastes:
Human excreta, bath water, wash water, laundry wastes,
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59
60
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dishwater and any other liquid wastes resulting from cleaning operations.
Gasoline and explosive or inflammable liquids are not included.]
Lodging
[.;_
The] means the short-term overnight accommodation of£! paying
guest.
Plumbing Code
[:
The] means the Plumbing Code [in effect within the
jurisdiction of] adopted
QY
the Washington Suburban Sanitary Commission,
[
and
any other jurisdictions in the County having or subsequently adopting a
Plumbing Code, and any changes or revisions thereof] as amended.
[Rooming house:
In a residential zone, shall mean a dwelling in which, for
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compensation, lodging is provided or offered to 3 or more but not exceeding
9 guests.]
Short-Term Residential Rental
means the residential occupancy of a dwelling
unit for a fee for less than 30 consecutive days as allowed under Section 59-
3.3.3.1
of this Code.
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Solid wastes
[:]
means garbage, trash, sweepings, animal refuse and dead
animals.
[Tourist home:
A dwelling in which, for compensation, lodging or lodging
and meals are provided or offered to not more than 12 transient visitors.]
Transient visitor
[:
A] means£! person who [obtains] purchases lodging.1 [or
lodging and] with or without meals, [upon payment or promise of payment
therefor at the same premises] for a continuous period of [not more than] 6
months or less.
54-2. Authority of [county executive] Executive to regulate and license.
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BILL
No. 2-16
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The [county executive] Executive !,in order to implement the health standards
and regulations of this chapter, is hereby authorized by law to] may adopt
[such] regulations, under method (3) [of section 2A-15 of this Code],
concerning the operation, maintenance [and]~ conduct~ licensing, and license
fees for [of]~ [any of the types of establishments] hotel or bed and breakfast
[referred to in this chapter, including provision of such licenses and license
fees for such establishments as he may deem appropriate].
54-3. Guest register - Required [to be kept by hotels, tourist homes, etc.;
information to be shown].
Any person who owns or operates a hotel, [rooming house, tourist home,
motel, or tourist cabin park] in the County must maintain on the premises a
permanent register [in which must be inscribed in ink in legible writing]
containing:
(a) the name of each visitor;
(b) the residence address of each visitor, including state, city or town, street
and street number or rural mail delivery route number;
(
c)
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the number of the room or facility occupied by each visitor; and
(d) the date and time of registration and checkout of each visitor.
[In tourist homes, motels, and tourist cabin parks the] The register must
include a record of the license plate numbers and state of registration of any
automobiles or trailers [in or with which the guests are traveling] that guests
are using. The owner or operator of the establishment must see that the license
plate and automobile or trailer registration information is correct. A person
must not occupy any room [or facility] until [after] the registration required
under this section is provided. The permanent register may be in a bound
book, looseleafbook, or cards.
If
a looseleafbook or cards are used, the pages
or cards must be numbered consecutively before use and all numbered pages
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BILL
No.
2-16
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or cards must be kept even though they are not used. The register [provided
for] required by this section must be kept for at least 3 years and must be open
to inspection upon the request of the Director or of any law enforcement
officer of the county or the state.
54-4. Same-Giving or permitting false information to be given prohibited.
[It
shall be unlawful for any] A person must not knowingly [to inscribe] write
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any false or incorrect name or address or license plate number in any such
register.
[It
shall be unlawful for the] The owner, [or] manager.1 or employee
of [any type of establishment or any employee thereof]
~
hotel must not [to]
knowingly [to] permit any person to [inscribe] write any false name or address
or license plate number in any such register.
Article
II. [Hostels, Rooming Houses, Boardinghouses and Tourist Homes]
Hotels.
54-5. Numbering of rooms.
Every [establishment shall] hotel must have a unique number on the corridor
side of the door to each guest room [and no two (2) doors shall bear the same
number].
54-6. Limitation on admission of visitors.
[No establishment shall] A hotel must not admit more visitors than the number
for which it is licensed.
54-7. Inspection of register by county officials.
Registers kept [in accordance with] under section 54-3 [shall] must always be
available at the [establishment] hotel for inspection by the [director] Director,
the fire marshal, the [county] police chief and [such other officials as may be
designated by the above named officials] their designees. The licensee may
request the official to present [Presentation of] proper credentials or proof of
identity [may be requested by the licensee].
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54-8. Owner, operator or manager to reside on premises.
The owner, operator, or a responsible manager appointed by the owner or
operator [shall reside on the premises of] must be on-site at all times at each
[establishment] hotel.
54-9. Parking facilities.
Every [establishment shall] hotel must provide off-street automobile parking
for visitors as [is set forth in the zoning ordinance] required hy chapter 59 of
[the Montgomery County] this Code, as amended. [No license shall be issued
by the director unless he finds the required parking facilities have been
provided.]
54-10. Administration and enforcement of article generally.
The [director is hereby authorized and directed to] Director must administer
and enforce [the provisions of] this chapter with the assistance of other County
departments, as necessary. [All department heads in the county government
are hereby authorized and directed to provide such assistance as may be
required by the director for the purpose of enforcing this article.]
54-11. Right of entry of county officials.
[For the purpose of enforcing this article, the director] The Director, the fire
marshal, the [county] police chief and [such other officials as may be
designated by the above named county officials shall] their designee, upon
exhibiting the proper credentials or proof of identity, [have the right to] may
enter any [establishment for the purpose of making] hotel to make any
necessary inspection [they may deem necessary at any time] during business
or operating hours [, and at such]. Inspections may also occur at other times
[as] if the county officials find [may be necessary in the public interest]
i1
necessary to protect the health and safety of any person.
54-12. Responsibility for compliance with article.
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No.
2-16
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The owner or operator of [an establishment]
~
hotel, and [his] the hotel's agent
or manager, [shall be] are responsible for [conforming to the provisions of]
complying with this article.
54-13. Violation of article; penalties [and injunctive, etc., relief].
[Any person who violates] A violation of any provision of Article II or Article
III of this [[article]] [shall be] Chapter is [subject to punishment for] a class A
violation [as set forth in section 1-19 of chapter 1 of the County Code]. [Each
day such violation shall continue shall be deemed a separate offense.]
54-14. License required [Required].
[No] Any building [or premises shall be] occupied or used as a [hostel,
rooming house, boardinghouse or tourist home] hotel within the county
[unless a license shall have been issued] must be licensed for such occupancy
and use by the [director, nor shall any] Director. An operator of~ [such
building or premises be so occupied and used] hotel must cease operating
immediately after [such] the license has expired, or has been revoked or
suspended.
54-15. Application.
Before the Director issues an annual license for any [establishment shall be
issued by the director] hotel under this [division, an application shall be filed
by] Division, the owner or operator, or [his duly] their authorized agent, [in
accordance with] must file an application that satisfies the regulations
[prescribed] approved by the [county executive] Executive under method (3)
of section 2A-15 of this Code.
54-16. Compliance with Code, [etc., prior to] before issuance.
[No license shall be issued to] The Director must not issue~ license to any
[establishment] hotel [to] under this [division] Division unless [such] the
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No. 2-16
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proposed [establishment is in conformance] hotel conforms with the
applicable provisions of this Code [and other ordinances of the county].
54-17. Certificates to be filed [prior to] before issuance.
The Director must not issue an initial [annual] license or license renewal under
this Division unless the applicant files [the following certificates have been
filed] with the Department~ certificate:
(a)
[A certificate] of use and occupancy from the Department of Permitting
Services[.]~
(b)
[A certificate] from the fire marshal stating that the building [is in
compliance with] complies with the fire prevention code[.t and
(c)
[A certificate] from the Director stating that the building or buildings
and rooms to be occupied or used by the guests of the [establishment]
hotel, and the premises on which such buildings are located, [are in
compliance with] comply with the standards and regulations of the
County and State Boards of Health.
54-18. Separate license required for each establishment.
[Each individual establishment] The Director must reqmre each hotel,
[although] operated by the same management, [shall be required] to obtain a
separate license under this [division] Division.
54-19. Fees.
The Executive must establish annual fees for licenses under this [division shall
be of such amount as may be established by the county executive] Division
by [written] regulation adopted under method (3) of section 2A-15 of this
Code:. [and shall] Fees must not exceed an amount necessary to defray the
costs of administering this [chapter] Chapter.
54-20. Denial where operator has been convicted of certain state law violations.
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No.
2-16
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The Director may deny an initial [or annual] license or license renewal to
operate [an establishment] a hotel under this Division if the Director finds the
owner or operator of the proposed [establishment has been] hotel was
convicted of violating the following provisions of the Criminal Law Article
of the Maryland Code:
(a) Section 10-202 (keeping disorderly house);
(b)Title 12 (gaming);
(
c) Title
5 (controlled dangerous substances, prescriptions, and other
substances); or
(
d) Section
10-201 (disturbing the public peace and disorderly conduct).
The Director may deny an initial [or annual license] or license renewal
if the owner or operator [has been] was convicted of any similar offense
outside Maryland.
54-21. Procedure for issuance or denial.
(a) [Upon receipt of] When an application for [an annual]
~
license under
this [division] Division, or [for renewal of a] when~ previously issued
license is in the renewal process, the [director shall make or cause to be
made] Director or the Director's designee must conduct all investigations
and inspections required by this article. The [director shall act upon]
Director must approve or deny the application within [ninety (90)] 90
days after the date of filing, or as soon thereafter as practicable. [In cases
in which an application] Applications for renewal of [an annual]
~
license [has been] filed on or before October 1 [as provided in section]
under Section 54-25 and [has] that have not been [neither] approved or
[disapproved] denied by the [director prior to] Director before the
following January 1, [the current license shall remain] remain in [full
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NO.
2-16
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force and] effect until approved or denied
!2y
the Director [[the]]
application [has been acted upon by the director].
(b) If, [upon the completion of] after all investigations and inspections are
completed, the [director] Director finds that the [establishment] hotel
for which a license under this [division] Division is requested does not
[
comply with the provisions] satisfy the requirements of this chapter, [he
shall] the Director must, within [ten (10)] 10 days after making such a
finding, [cause to be served upon the applicant written] transmit notice
of such finding to the applicant [and shall in such]:. The notice must
advise the applicant of the necessary corrective measures to be taken
before [a license will be issued] the Director will issue the license. The
[
director] Director may [, in such notice,] direct the applicant to appear
[before him] within [ten (10)] 10 days from the date of service of the
notice to show cause why the license should not be denied.
If
the
applicant [shall fail] fails to show cause as directed in such notice, or
[shall fail] fails to take the necessary corrective action [specified
therein], the [director shall refuse to issue or renew such license] Director
may deny the application.
(c) [All] The Director must send all of the Director's orders and notices
[issued by the director hereunder shall be served upon] to the applicant
either by registered mail or by personal delivery at the address shown on
the application. If the applicant cannot be found in the [county] County.
service by personal delivery [shall] must be made [upon] to the person
who is [at the time] in charge of the [establishment] hotel.
54-22. Display.
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No. 2-16
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[Each]
The
applicant must prominently display each license issued under this
[division shall be prominently displayed] Division in the [establishment] hotel
for which it was issued.
54-22A. Complaints
W
The Director must investigate any [[complaints]] complaint that
£
licensee
is in violation of this Article within 30 days of receiving the
complaint[[/s./s]].:.
@If
£
violation is found, the Director must issue written notice of the
violation to the owner or operator requiring that the violation be corrected
immediately.
(£}
If
the violation is not corrected immediately, the Director may revoke or
suspend the license under Section 54-26.
54-23. Change of location of establishment; transfer.
(a) Whenever [an establishment]
£
hotel changes its location, the current
license held by such owner or operator under this [division shall
automatically become] Division is void.
(b) The [director] Director may [, in his discretion,] authorize the transfer of
a license issued under this [division] Division to a new owner or operator
upon an application for transfer of the license and payment of a transfer
fee [which shall be established by the county executive]:. The Executive
must establish the transfer fee by [written] regulation adopted under
method (3) of section 2A-15 of this Code.
54-24. Expiration.
All [annual] licenses issued under this [division shall] Division expire on
December 31 of the year for which they are issued, unless sooner revoked or
suspended [as provided in] under this [article] Article.
54-25. Renewal.
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NO. 2-16
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[Every establishment shall, on] On or before July 1 of each year, every hotel
must make application to the department for renewal of the [annual] license
required by this [division] Division. Before [an annual]
~
license for any
[establishment shall be] hotel is renewed by the [director, the director shall
have received] Director, the Director must receive, [within ninety (90) days
prior to renewing any such license,] certificates as [prescribed in section]
required
QY
Section 54-17 [, which shall indicate thereon that the premises
have been inspected within ninety (90) days prior to the expiration of the
license]. The Director must renew the license after receiving the certificates,
completing any outstanding complaint investigations, and finding that the
application satisfies this Article.
54-26. Revocation or suspension generally.
(a)
The [director] Director may revoke or suspend any license issued under
this [division upon finding] Division if the Director finds that the owner
or operator of any [establishment] hotel is in violation of any provision
of this [article] Article. Any such revocation or suspension [shall] must
be by written order directed to [and served upon] the owner or operator
of [[ such establishment]] [in the manner prescribed in subsection (c) of
section 54-21] the hotel under the procedures of subsection
54-2l(c).
Any such notice of revocation or suspension [shall] must require the
holder of the license to appear before the [director] Director and show
cause why the license should not be revoked or suspended [in the
manner provided above].
(b) The Director may revoke or suspend any license issued under this
Division if the Director finds that the [establishment] hotel is disruptive
to the general peaceful enjoyment, dangerous to the health and safety,
of the community or a nuisance because of noise or indecent or immoral
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No. 2-16
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activity by any guest, owner, operator or employee. The Director may
also revoke or suspend any license issued under this Chapter if the
owner or operator of the [establishment] hotel has, while operating the
[[establishment]] hotel, been convicted of violating:
(
1)
the provisions of the Criminal Law Article of the Maryland Code
[listed] in section
54-20;
or
(2) the drunkenness and disorderly conduct provisions of Section 10-
201 of the Criminal Law Article of the Maryland Code while on
the licensed premises.
Revocation or suspension of a license under this subsection must follow
the procedures in Section
54-21
(b).
54-27. Appeals from denial, revocation or suspension.
Any person aggrieved by the denial, revocation or suspension of a license
under this [division] Division may appeal from the action of the [director]
Director to the [county board of appeals] Board of Appeals. Such person
[shall] must file a [written] notice of appeal with the clerk of the [board of
appeals] Board of Appeals within [twenty (20)] 20 days after service of notice
of such action. Upon receiving such appeal, the [board of appeals shall] Board
of Appeals must hold a hearing [thereon] within [thirty (30)] 30 days after the
notice of appeal has been filed, and [shall] must act upon [such] the appeal
within [thirty (30)] 30 days after the hearing. [The council may, by resolution
entered on its minutes, extend such periods of time.]
Division 3. Health Standards and Regulations.
54-28. Water and sewer facilities.
Water and sewer facilities in every [establishment] hotel must be connected
to public lines where such lines are available. [In the event no] When public
sewer lines are not available.,_ the [sewage must be collected, treated and
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No. 2-16
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disposed of in an independent sewerage system which complies with the
standards of the excreta disposal laws of the State and of] private sewage
system must satisfy Chapter 45 of this Code. [In the event no] When public
water lines are not available, [no] only
~
water supply [may be used by an
establishment unless it has been] approved by the Director [of the Department
of Health and Human Services] may be used.
54-29. Plumbing facilities.
[All plumbing facilities in establishments shall be constructed, installed and
maintained so as to prevent sanitary hazards.] Toilet and bath facilities [shall
be provided in accordance with] must satisfy the plumbing code for the
Washington Suburban Sanitary Commission [and any amendments thereto]
as amended.
54-30. Disposal of solid waste.
All solid waste [at establishments shall] must be stored in covered metal
receptacles [which shall be].:. These receptacles must be removed from the
premises and cleaned at least once a week or as often as [prescribed by the
director] the Director requires. All such waste [shall be burned, buried or
otherwise] must be disposed of in [such]
~
manner [as] that does not [to]
constitute a nuisance [or to be accessible to animals or flies].
54-31. [Screens.] Insects.
[All outside doors, windows and other outside openings in establishments
shall be adequately screened against flies, mosquitoes and other insects. If the
establishment is completely air-conditioned, screening shall not be required.]
All interior spaces must be maintained free of all insects. Any infestation
must be immediately addressed
12y
management.
54-32. Minimum size of rooms.
(a) [No] Any habitable room [shall be occupied at] in
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No. 2-16
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373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
[an establishment unless it contains] £! hotel must be at least [seventy
(70)] 70 square feet in floor area and there must be at least [fifty (50)] 50
square feet of floor area for each person. Children under [twelve (12)) 12
years of age [shall be] are counted as one-half person. Children under
[one (1))
l
year of age [shall not be] are not counted as£! person for the
purpose of this requirement.
(b) At least one-half of the floor area of every habitable room [shall] must
1
feet, and the floor area of
that part of any room where the ceiling height is less than [five (5)]
2
feet
have a ceiling height of at least [seven (7))
[shall] is not [be] considered as part of the floor area in computing the
total floor area of the room for the purpose of determining the maximum
permissible occupancy [thereof] of the room.
54-33. Heating and ventilation.
All rooms in [establishments shall] hotels must be adequately heated and
ventilated. Every habitable room [shall] must have at least one
[(l)]
easily
opened window or skylight [which can easily be opened], or such other device
[as will] that adequately [ventilate] ventilates the room. Every [establishment
shall] hotel must have£! heating [facilities which are! system. The heating
system must be properly installed and maintained in safe and good working
condition [. Such heating facilities shall_be] capable of safely and adequately
heating all habitable rooms, bathrooms and water closet compartments to a
temperature of at least [seventy (70)] 70 degrees Fahrenheit at a distance of
[three (3)]
J
feet above floor level under ordinary minimum winter conditions.
391
392
393
394
395
396
397
398
54-34. Lighting.
All .rooms in [establishments shall] hotels must be adequately lighted [by
either natural or artificial light and additional] including light [shall be
provided] for reading [purposes].
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No. 2-16
399
400
401
402
403
404
405
406
407
408
409
41 0
411
412
413
414
415
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417
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54-35. Basement rooms.
[No habitable room shall be in the basement of an establishment unless the]
Only when basement floors and walls are constructed of material impervious
to water.,_ may
~
habitable room be located in
~
basement.
54-36. Cellar rooms.
A room in a cellar [shall not be considered] is not~ habitable room [and shall
not be used by any establishment for habitation].
54-37. Bedding and linen.
(a) All mattresses, blankets and other bedding used at [establishments shall]
hotels must be kept clean and free of bedbugs.
(b) Clean sheets and pillow slips [shall] must be provided in
[establishments] hotels at least once each week and after each
succeeding guest.
[(c) Two (2) clean towels shall be provided for each establishment guest at
least twice each week and after each succeeding guest.]
54-38. [Drinking glasses.] Reserved.
[Drinking glasses used in any establishment shall be sterilized at least after
each succeeding guest and common drinking glasses shall be prohibited.]
54-39. Food, dining rooms and kitchens.
Food, public dining rooms and kitchens in each [establishment shall comply
with the provisions of chapter] hotel must satisfy Chapter
12
of this Code [and
any amendments thereto] as amended.
54-40. Maintenance of premises.
Every owner or operator of [an establishment shall be]
~
hotel is responsible
for maintaining all parts of the [[establishment]] hotel, in a clean and sanitary
condition [all parts of the establishment], including the land on which the
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No. 2-16
425
426
427
428
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430
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451
[establishment] hotel is located. Every owner or operator [shall be] 1s
responsible for maintaining the [establishment] hotel in good repair.
54-41. Inspections and report of violations of article.
The Department [of Health and Human Services] is responsible for making
all necessary inspections [of the establishments] regulated under this Article
and must report to the Director any violations of this Division.
Article III. [Reserved] Bed and Breakfast and Short Term Residential Rental.
54-42. License required.
A person must not operate f! bed and breakfast or short term residential rental
in the County without £ license issued
by
the Director. After the initial
issuance off! license, the license must be renewed once f! year.
54-43. Certification for! License.
An application for£ bed and breakfast license or short term residential rental
or £ license renewal for either use must be signed
Qy
the applicant. The
applicant must certify that:
(ru
the building in which the bed and breakfast or short term residential
rental is located complies with all applicable zoning standards under
Chapter 59 of this Code;
.(hl
[[the overnight occupants of each dwelling unit will satisfy the definition
of one household]] the total number of overnight guests in the short term
residential rental who are 18 years or older is limited to six, and the total
number of overnight guests over 18 years of age per bedroom is limited to
two.
(
c)
only habitable rooms will be used
by
guests;
smoke detectors in all units and carbon dioxide detectors in all units
using natural gas operate as designed;
@
(fil
sanitation facilities operate as designed;
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No. 2-16
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
ill
.{g)
the applicant has not been found guilty off! violation of this Chapter in
the past 12 months;
all local taxes and required fees are paid in full;
the dwelling unit where the bed and breakfast or short term residential
rental is located is the primary residence of the applicant; [[and]]
{hl
ill
the applicant is the owner or authorized agent of the facility;
the applicant posted rules and regulations inside the rental, including
contact information for a representative designated for emergency
purposes;
ill
,Ck)
the designated representative resides within 15 miles of the unit and be
accessible for the entirety of any contract where the primary resident is
not present;
ill
a record of all overnight visitors will be maintained and readily available
for inspection;
(m) where applicable, the following parties were notified:
in a single-unit or attached unit. abutting and confronting neighbors,
in a multi-unit building, neighbors living across the hall and those that
share a ceiling, floor, and walls with the applicant's unit,
the municipality in which the residence is located,
any applicable home owner association, condominium, housing
cooperative. and
the owner of the unit or the owner's rental agent, if the applicant is not
the owner.
468
469
470
471
4
72
4
73
474
475
(ru
the a@lication is not prohibited by any Home Owner's Association or
condominium document, or a rental lease;
476
4 77
(ru
the common ownership community fees for the dwelling unit are no more
than 30 days past due;
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No. 2-16
4 79
480
481
482
483
484
485
486
487
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494
495
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497
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500
501
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~
except for persons visiting the primary resident, only registered guests will
be allowed on the property; and
lg)
any on-listing rental listing will include the short-term residential rental
license number and State Vendor license number.
54-44. Applications.
The Director must establish an electronic method of submitting, 1ssmng,
renewing, denying, and revoking an application for
internet.
54-45. License Approval and Renewal.
~
license through the
The Director must:
W
.(hl
accept the self-certification of the applicant after verifying compliance
by
reviewing available records; and
approve or deny<! license or~ license renewal within
U
working days
after receipt of the application and all required fees unless the Director
receives~ challenge to the certifications under Section 54-47.
(£:l
issue the license for a term of one year, renewable for additional one-
year terms, subject to payment of the license fee and compliance with
all applicable laws and certifications required for the license.
54-46. Challenge to Certifications.
W
A challenge to any required certification made
by
the applicant may be
filed with the Director within 30 days after the application is filed by:
ill
ill
~
resident or owner of real property located within 300 feet of~
licensed or proposed [[bed and breakfast]] license;
[[~
civic or homeowner' s association comprised of property
owners located within 300 feet of~ licensed or proposed bed and
breakfast]]
ill
the municipality in which the residence is located,
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No. 2-16
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507
508
509
510
511
512
513
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518
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520
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522
523
524
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529
530
531
532
(1)
any applicable home owner association, condominium, housing
cooperative, or
(jl
the owner of the unit or the owner's rental agent, if is the applicant
is not the owner.
.{hl
The Director must, within 60 days after receipt of the challenge:
ill
ill
ill
ill
54-47. Suspension
provide notice of the challenge to the applicant;
provide an opportunity for the applicant to respond to the
challenge;
investigate the question of fact raised
by
the challenge; and
revoke or deny the license if the Director finds that one or more
facts certified
by
the applicant is false.
(a) The license must be suspended for any applicant receiving at least three
complaints that are verified as a violation of the license or of the County
Code within any 12-month period.
(b)Renewal or reinstatement of licenses must follow procedures established
by the Director.
54-48. Appeals.
Any person aggrieved
QY
an approval, denial, revocation or suspension of~
bed and breakfast license may appeal the decision to the Board of Appeals.
The Board of Appeals must hold~ hearing on the appeal within 30 days after
the notice of appeal has been filed, and must act on the appeal within 30 days
after the hearing.
[[54-48.)) 54-49. Effect of! revocation.
For
fl
period of
1
years after~ license is revoked, the Director must not issue~
bed and breakfast or short-term residential rental license to:
.(ru
the former licensee or~ member of the former licensee's household; or
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BILL
No. 2-16
533
534
535
536
537
Approved:
any applicant for~ license to use the same dwelling unit where the license
was revoked.
Roger Berliner, President, County Council
Date
538
539
Approved:
Isiah Leggett, County Executive
Date
540
541
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
-22-
F:\LAW\BILLS\1602 Transient Housing-Licensing And Registration\Bill 7.Docx
®
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PHED Committee # 1 & 2
September 25, 2017
MEMOR ANDUM
September 21, 201 7
TO:
FROM:
SUBJECT:
Planning, HJusing, and Economic Development Committee
Jeff Zyon-Ps:nio r Legislative Analyst
Zoning Text Amendment 17-03, Accessory Residential Uses - Short-term Rental; and
Bill 2-16, Transient Housing - Licensing and Registration
ZTA 17-03
On September 25, the Committee (3-0) tentatively recommended approval of ZTA 17-03 with revisions
to Subsection 59.3.3.3.I.2.b and c as follows:
b.
c.
The dwelling unit used as~ Short-Term Rental must be the [[applicant's]l property owner's
or owner-authorized resident's primary residence, regardless of dwelling unit~
If
the [[applicant]] property owner or owner-authorized resident is not present in the
residence, the-property can be used as~ Short-Term Residential Rental for~ maximum of
90 days in~ calendar year.
If
the [[applicant]l property owner or owner-authorized resident
is physically present [[in]] and occupies the residence during the rental stay, there is no
limitation on the number of days the property can be used as~ Short-Term Residential
Rental.
The Committee in all other respects agreed with the Planning Board recommendation to include the
following limitations on short-term residential rental:
>
>
>
Allow only on sites without either a farm tenant dwelling or an accessory apartment.
Allow only if the site is the primary resident of the applicant.
Limit the maximum rentals in a calendar year to 90 days, counting only when the owner or
authorized resident is absent.
>
Limit the total number of adult overnight guests to six.
>
Limit the total number of adult overnight guests per bedroom to two.
>
Require one off-street parking space for each rental contract, unless the online listing indicates that
vehicle parking is prohibited.
The Committee declined to amend the standards for a bed and breakfast at this time. The Committee was
persuaded by Staff that such a change would be beyond the scope of the advertisement for ZTA 17-03.
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Bill 2-16
On September 25, the Committee (3-0) tentatively recommended approval of Bill 2-16 as recommended
by the Planning Board, with revisions as follows:
1.
Require a license applicant to certify that the short-term rental:
a.
has provided notice to any applicable home owner association, condominium,
housing cooperative, and the owner of the unit or the owner's rental agent, if the
applicant is not the owner (lines 471-474);
b.
is not prohibited by any home owner association, condominium document or rental
lease (lines 475-476);
c.
is current on dues owed to any home owner association, condominium (lines 477-
478);
d.
will have the license number and State Vendor Identification number on any on-
line listing (lines 481-482);
Licenses and license renewal require the Director to find compliance with applicable laws
and the certification required by the licensee (line 495-496).
Allows challenges to occur for short-term rental licenses (line 501).
Allows municipalities, condominium associations and housing cooperatives to challenge a
license (lines 506-509).
Revise the text on a license suspension to define the reasons for the suspension of a license
as a violation of the license or of the County Code within any 12 month period (lines 519-
520).
2.
3.
4.
5.
New issues raised
by
staff
HHS staff noticed that the proposed Bill before the Committee on September 18 failed to make violations
of the new Article concerning short-term residential rental licensing subject to Class A violations. The
draft before the Committee corrects that oversight (lines 165-166).
Staff was unsure if the Committee recommended that HHS provide maps and data like the site that DHCA
has on accessory dwelling units. That provision is not included in the attached draft.
Background
This Bill anticipates the approval of ZTA 17-03, which will make Bed and Breakfast a limited use in most
residential and mixed-use zones.
Short-term residential licensing in the attached draft ofBill 2-16 would require:
>
>
>
>
>
>
>
Compliance with zoning
Maximum occupancy consistent with zoning
Limiting rentals to habitable rooms
A carbon dioxide detector for units with natural gas
No code violations in the past year (for new licenses)
Operating sanitation facilities
Paid taxes
2
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>
>
>
>
>
>
>
Site of the rental is the primary residence of the applicant
The applicant is the owner or is authorized by the owner to apply
Posted rules and posted contact information for a designated representative
A record of guests
Notice to neighbors of the application request
Certification that the rental is allowed by the HOA, or condominium restrictions if applicable
Licenses issued for a one-year term
Can municipalities opt out of the proposed regulatory scheme?
Except for Brookeville, Poolesville, Laytonsville, Rockville, Barnesville, Gaithersburg, and Washington
Grove, all municipalities are subject to the County's zoning code. The Town of Somerset has requested
an exemption for and change to the illegal status of short-term residential rental. Staff knows of no
municipal exemptions in the current code.
Chapter 54 of the code is different from zoning. Municipalities may opt out by their own action. The
towns of Chevy Chase View, Chevy Chase, Gaithersburg, Garrett Park, Glen Echo, Laytonsville,
Poolesville, Rockville, Somerset, and Washington Grove are NOT subject to the provisions of Chapter 54.
ZTA 17-03 requires any short-term rental to have a license under Chapter 54. Any municipality that opts
out of Chapter 54 could not have licenses approved by the County within its jurisdiction. Under these
circumstances and under the proposed text, the zoning ordinance would not allow a legal short-term rental
in a municipality that that opts out of Chapter 54.
This Packet Contains
ZTA 17-03 revised per PHED recommendations
Bill 2-16 revised per PHED recommendations
©number
1- 7
8-29
F:\Land Use\ZTAS\JZYONTZ\2017 ZTAs\17-03 Accessory Residential Uses - Short-term rental\ZTA 17-03 PHED memo September 25.docx
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Zoning Text Amendment No.: 17-03
Concerning: Accessory Residential
Uses - Short-Term Rental
Draft No. & Date: 2 - 9/19/17
Introduced: June 13, 2017
Public Hearing:
Adopted:
Effective:
Ordinance No.:
COUNTY COUNCIL FOR MONTG OMERY COUNTY, MARYLA ND
SITTING AS THE DISTRIC T COUNCIL FOR THAT PORTION OF
THE MARYLA ND-WAS HINGTO N REGIONAL DISTRICT WITHIN
MONTG OMERY COUNTY, MARYLA ND
Lead Sponsor: Council President at the request of the Planning Board
AN AMENDM ENT
to the Montgomery County Zoning Ordinance to:
modify the definition of "Household Living";
define "Short-Term Residential Rental";
establish limited use standards for short-term residential rental; and
generally amend provisions allowing for short-term residential rentals
By amending the following sections of the Montgomery County Zoning Ordinance,
Chapter 59 of the Montgomery County Code:
DIVISION 59.1.4.
Section 59.1.4.2.
DIVISION 59-3.1.
Section 59-3.1.6.
DIVISION 59.3.3.
Section 59.3.3.3.
DIVISION 59-3.5.
Section 59-3.5.6.
DIVISION 8.2.
Section 8.2.3.
DIVISION 8.3.
Section 8.3.2.
"Defined Terms"
"Specific Terms and Phrases Defined"
"Use Table"
"Use Table"
"Residential Uses
"Accessory Residential Uses"
"Commercial Uses"
"Lodging"
"Residential Floating Zones"
"Use Table for the RT and R-H Zones"
"Planned Unit Development Zones"
"PD Zone"
And adding the following section:
Section 3.3.3.I.
"Short-Term Residential Rental"
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EXPLANATION: Boldface
indicates a Heading or a defined term.
Underlining indicates text that is added to existing law by the original text
amendment.
[Single boldface brackets] indicate text that is deleted.from existing law by
original text amendment.
Double underlining indicates text that is added to the text amendmen t by
amendment.
[[Double boldface brackets]] indicate text that is deleted.from the text
amendmen t by amendment.
* * *
indicates existing law unaffected by the text amendment.
ORDINANCE
The County Council for Montgomery County, Maryland, sitting as the District Council for
that portion of the Maryland-Washington Regional District in Montgomery County, Maryland,
approves the following ordinance:
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Zoning Text Amendment No.: 17-03
1
2
Sec. 1. DIVISION 59.1.4 is amended as follows:
Division 59.1.4. Defined Terms
*
3
4
*
*
Section 59.1.4.2. Specific Terms and Phrases Defined
In this Chapter, terms that are not specifically defined have their ordinary meaning.
The following words and phrases have the meanings indicated.
*
5
6
7
*
*
8
9
Shooting Range (Outdoor):
See Section 3.5.10.J.l
Short-Term Residential Rental:
See Section 3 .3 .3 .I
*
10
*
*
11
12
13
14
Sec. 2. DIVISION 59-3.1 is amended as follows:
*
*
*
Section 3.1.6. Use Table
The following Use Table identifies uses allowed in each zone. Uses may be
modified in Overlay zones under Division 4.9.
15
16
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Zoning Text Amendment No.: 17-03
Residential
Residential
Residential Detached
RE- RE- R- R- R- R-
2C
1 200 90 60 40
Townhouse
Residential
Multi-Unit
R- R-
30 20
Commercial/
Residential
Employment
Rural
Definitions
USE OR USE
GROUP
and
Standards
AR
R RC RNC RE-2
Ag
Residential
TLD TMD THD
R-10 CRN CRT CR
GR NR LSC EOF
* * *
RESIDENTIAL
* * *
ACCESSORY
***
3.3.3.
RESIDENTIAL USES
* * *
Short-Term
Residential
Rental
3.3.3.1
.b
.b .b
.b
.b
.b .b .b .b .b .b
.b
.b
.b
.b .b
.b
.b
.b
.b
.b .b .b
.b
*
*
*
17
18
19
20
Sec. 3. DIVISION 59.3.3 is amended as follows:
DIVISION 59.3.3. Residential Uses
Section 3.3.1. Household Living
A.
21
22
Defined, In General
Household Living means the residential occupancy of a dwelling unit by a
household [on a monthly or longer basis] for 30 consecutive days or longer.
*
23
24
25
* *
*
Section 59-3.3.3. Accessory Residential Uses
26
27
*
I.
*
Short-Term Residential Rental
1.
28
Defined
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Zoning Text Amendment No.: 17-03
29
30
31
32
33
34
35
36
37
Short-Term Residential Rental means the residential occupancy off!
dwelling unit for~ fee for less than 30 consecutive days. Short-Term
Residential Rental is not f! Bed and Breakfast.
Use Standards
Where Short-Term Residential Rental is allowed as
must satisfy the following standards:
Short-Term Residential Rental is prohibited in f! Farm Tenant
Dwelling or on f! site that includes an Accessory Apartment.
b.
The dwelling unit used as f! Short-Term Rental must be the
[[applicant's]) property owner's or owner-authorized resident's
primary residence, regardless of dwelling unit~
C.
~
limited use, it
38
39
40
41
If
the [[applicant]) property owner or owner-authorized resident
is not present in the residence, the property can be used as f!
Short-Term Residential Rental for f! maximum of 90 days in
~
42
43
44
45
46
calendar year.
If
the [[ applicant]] property owner or owner-
authorized resident is physically present
[[ml]
and occupies the
residence during the rental stay, there is no limitation on the
number of days the property can be used as f! Short-Term
Residential Rental.
d.
e.
The use must be licensed under Chapter 54.
The maximum number of occupants is limited by Chapter 26,
Section~ however, the total number of overnight guests in the
Short-Term Residential Rental who are
_lli
years or older is
limited to six, and the total number of overnight guests over
.IB
years of age per bedroom is limited to two.
47
48
49
50
51
52
53
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Zoning Text Amendm ent No.: 17-03
54
55
56
57
58
59
f.
One off-street parking space must be provided for each rental
contract unless the online listing indicates that vehicle parking
is prohibited.
*
* *
Sec. 4. DIVIS ION 59-3.5 is amended as follows:
Division 3.5. Commercial Uses
60
61
62
*
A.
*
*
Defined, In General
Section 3.5.6. Lodging
63
Lodging means a building.,_ dwelling unit, or
~
portion of~ dwelling unit used
for the short-term overnight accommodation of paying guests.
B.
Bed and Breakfast
1.
64
65
66
Defined
67
Bed and Breakf ast means a detached house that is owner-occupied
with no more than 5 guest rooms for rent and customarily serves
breakfasts to guests. A Bed and Breakfast is not~ Short-Term
Residential Rental.
68
69
70
71
72
73
*
*
*
Sec. 5. DIVIS ION 59-8.2 is amended as follows:
Division 8.2. Residential Floating Zones
74
75
*
A.
B.
*
*
Section 3.1.1 through Section 3.1.4 apply to the Use Table in Section 8.2.3.
The following Use Table identifies uses allowed in each zone. Uses may be
modified in Overlay zones under Division 4.9.
Section 8.2.3. Use Table for the RT and R-H zones
76
77
78
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Zoning Text Amendment No.: 17-03
USE OR USE
GROUP
RESIDEN TIAL
Accessory
Residential Uses
Short-Ter m
Residential
Rental
RT-6.0
Definitions
and Standards
RT-8.0
RT-10.0
RT-12.5
RT-15.0
R-H
* * *
* * *
3.3.3
* * *
3.3.3.I
1
1
1
1
1
L
* * *
79
80
81
Sec. 6. DIVISION 59-8.3 is amended as follows:
Division 8.3. Planned Unit Development Zones
82
83
84
85
*
*
*
*
Uses
1.
Section 8.3.2. PD Zone
*
B.
*
86
87
88
Residential Uses
*
*
*
C.
Short-Term Residential Rental is allowed as
Section 3.3.3.I.
~
limited use under
89
90
91
*
*
*
Sec. 7. Effective date.
This ordinance becomes effective 20 days after the
92
93
date of Council adoption.
94
This is a correct copy of Council action.
95
96
97
Linda M. Lauer, Clerk of the Council
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2-16
Bill No.
Housing
Concerning: Transient
Licensing and registration
Revised:
9/19/17
Draft No.
7_ __
February
2, 2016
Introduced:
August
2, 2017
Expires:
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _N:..=.o=n =e'-------
Ch. _ _ , Laws of Mont Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmemb er Riemer
Co-Sponsor: Councilmemb er Rice
AN ACT
to:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
By amending
Montgomery County Code
Chapter 54, Transient Lodging Facilities
Sections 54-1, 54-2, 54-3, 54-4, 54-5, 54-6, 54-7, 54-8, 54-9, 54-10, 54-11, 54-12, 54-13, 54-
14, 54-15, 54-16, 54-17, 54-18, 54-19, 54-20, 54-21, 54-22, 54-23, 54-24, 54-25, 54-26, 54-
27, 54-28, 54-29, 54-30, 54-31, 54-32, 54-33, 54-34, 54-35, 54-36, 54-37, 54-38, 54-39, 54-
40, and 54-41
By adding:
Montgomery County Code
Chapter 54, Transient Lodging Facilities
Sections 54-22A, 54-42, 54-43, 54-44, 54-45, 54-46, 54-47, 54-48, and 54-49
Boldface
Underlining
[Single boldface brackets]
Double
underlining
[[Double boldface brackets]]
* * *
define a bed and breakfast and hotel establishment;
limit the transient housing allowed to a bed and breakfast and a hotel;
require only hotels to comply with most current licensing provisions for transient
housing;
revise the requirement for resident hotel management;
delete the requirement for annual hotel inspections;
add a requirement for hotel inspections upon complaint;
establish a licensing system for bed and breakfast establishments;
amend provisions to make them more precise, concise, and decisive; and
generally amend Chapter 54 of the County Code.
Heading or defined term.
Added to existing law by original bill.
Deleted.from existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
®
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BILL
No. 2-16
1
Sec. 1. Sections 54-1, 54-2, 54-3, 54-4, 54-5, 54-6, 54-7, 54-8, 54-9, 54-10, 54-
11, 54-12, 54-13, 54-14, 54-15, 54-16, 54-17, 54-18, 54-19, 54-20, 54-21, 54-22, 54-
23, 54-24, 54-25, 54-26, 54-27, 54-28, 54-29, 54-30, 54-31, 54-32, 54-33, 54-34, 54-
35, 54-36, 54-37, 54-38, 54-39, 54-40, and 54-41 are amended as follows:
54-1. Definitions.
2
3
4
5
6
7
For the purposes of this Chapter, unless the language or context clearly
indicates that a different meaning is intended, the following words and phrases
have the following meanings:
8
9
Average lot grade
means the arithmetic average of the highest and lowest
elevations of the ground contiguous to the building.
1
o
11
Basement[:
That] means that portion of any building [which is] located below
grade [; provided, however, that] when at least one-half of the vertical height
extends above the average lot grade. [Average lot grade, for this purpose, shall
mean the arithmetic average of the highest and lowest elevations of the ground
contiguous to the house.]
12
13
14
15
16
17
[Boardinghouse:
A dwelling in which, for compensation, lodging, or lodging
and meals, are provided or offered to not more than 5 transient visitors.]
18
19
20
21
Bed and Breakfast
means£! [dwelling unit or part of~ dwelling that is available
to overnight guests for compensation. Overnight guests on any night must
satisfy the definition of one household. A guest must stay at
~
Bed and
Breakfast for no more than 3 0 days in any one visit. Meals may be provided
to overnight guests. Bed and Breakfast means ~] detached house that is
owner-occupied with no more than 5 guest rooms for rent and customarily
serves breakfasts to guests and allowed under Section 59-3.5.6.B of this Code.
22
23
24
25
Cellar
[:That]
means that portion of any building which is located below grade
and whose vertical height extends less than one-half above the average lot
grade.
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27
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BILL
No. 2-16
28
Director [and Department:
The term "Director"] means the Director of the
Department of Health and Human Services, or the Director's designee[, and
the term "Department" means the Department of Health and Human Services].
29
3
o
3l
32
33
34
35
36
Department
means the Department of Health and Human Services.
Establishment
[:
Every hostel, tourist home, boardinghouse, rooming house
and guestrooms in an apartment hotel which, for compensation, provides or
offers lodging or lodging and meals to transient visitors.] means a hotel or Bed
and Breakfast or Short-term Residential Rental regulated under this chapter.
Fire Code
[:
The] means the Fire Prevention Code [set forth] in Chapter 22
[
of this Code, and any amendments thereto] as amended.
37
38
Habitable room
[:
Any] means£! room in which people normally congregate
or sleep with £! minimum ceiling height of
1
feet. [This shall not include
bathrooms,] Bathrooms, closets, porches, decks, toilet rooms, storage rooms,
kitchens.,, [or] and pantries are not habitable rooms.
39
40
41
42
43
44
45
46
[Hostel] Hotel
[:
Any] means£! building or portion [thereof or any group of
buildings] of£! building where, for compensation, lodging or lodging and
meals are provided or offered to 3 or more transient visitors [, including hotels,
motels, tourist courts, motor courts, tourist camps and similar establishments
such as apartment hotels]. Hotel includes£! motel, but not£! bed and breakfast.
47
48
49
Household
means £! person living alone, or any one of the following groups
living together as £! single housekeeping unit and sharing common living,
sleeping, cooking, and eating facilities:
1.
any number of people related hy blood, marriage, adoption, or
guardianship;
2.
1ll2 to
~
unrelated people; or
50
51
52
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BILL
No. 2-16
53
54
2.
unrelated people and any children, parents, siblings, or other
persons related to either of them
12y
blood, adoption, or
guardianship.
[Liquid wastes:
Human excreta, bath water, wash water, laundry wastes,
55
56
57
58
59
60
61
62
63
64
dishwater and any other liquid wastes resulting from cleaning operations.
Gasoline and explosive or inflammable liquids are not included.]
Lodging
[.;_
The] means the short-term overnight accommodation of£! paying
guest.
Plumbing Code
[:
The] means the Plumbing Code [in effect within the
jurisdiction of] adopted
QY
the Washington Suburban Sanitary Commission,
[
and
any other jurisdictions in the County having or subsequently adopting a
Plumbing Code, and any changes or revisions thereof] as amended.
[Rooming house:
In a residential zone, shall mean a dwelling in which, for
65
66
67
68
69
compensation, lodging is provided or offered to 3 or more but not exceeding
9 guests.]
Short-Term Residential Rental
means the residential occupancy of a dwelling
unit for a fee for less than 30 consecutive days as allowed under Section 59-
3.3.3.1
of this Code.
70
71
72
73
74
75
76
77
78
Solid wastes
[:]
means garbage, trash, sweepings, animal refuse and dead
animals.
[Tourist home:
A dwelling in which, for compensation, lodging or lodging
and meals are provided or offered to not more than 12 transient visitors.]
Transient visitor
[:
A] means£! person who [obtains] purchases lodging.1 [or
lodging and] with or without meals, [upon payment or promise of payment
therefor at the same premises] for a continuous period of [not more than] 6
months or less.
54-2. Authority of [county executive] Executive to regulate and license.
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BILL
No. 2-16
80
81
82
83
84
85
86
87
88
89
90
The [county executive] Executive !,in order to implement the health standards
and regulations of this chapter, is hereby authorized by law to] may adopt
[such] regulations, under method (3) [of section 2A-15 of this Code],
concerning the operation, maintenance [and]~ conduct~ licensing, and license
fees for [of]~ [any of the types of establishments] hotel or bed and breakfast
[referred to in this chapter, including provision of such licenses and license
fees for such establishments as he may deem appropriate].
54-3. Guest register - Required [to be kept by hotels, tourist homes, etc.;
information to be shown].
Any person who owns or operates a hotel, [rooming house, tourist home,
motel, or tourist cabin park] in the County must maintain on the premises a
permanent register [in which must be inscribed in ink in legible writing]
containing:
(a) the name of each visitor;
(b) the residence address of each visitor, including state, city or town, street
and street number or rural mail delivery route number;
(
c)
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
the number of the room or facility occupied by each visitor; and
(d) the date and time of registration and checkout of each visitor.
[In tourist homes, motels, and tourist cabin parks the] The register must
include a record of the license plate numbers and state of registration of any
automobiles or trailers [in or with which the guests are traveling] that guests
are using. The owner or operator of the establishment must see that the license
plate and automobile or trailer registration information is correct. A person
must not occupy any room [or facility] until [after] the registration required
under this section is provided. The permanent register may be in a bound
book, looseleafbook, or cards.
If
a looseleafbook or cards are used, the pages
or cards must be numbered consecutively before use and all numbered pages
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No.
2-16
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108
109
110
or cards must be kept even though they are not used. The register [provided
for] required by this section must be kept for at least 3 years and must be open
to inspection upon the request of the Director or of any law enforcement
officer of the county or the state.
54-4. Same-Giving or permitting false information to be given prohibited.
[It
shall be unlawful for any] A person must not knowingly [to inscribe] write
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any false or incorrect name or address or license plate number in any such
register.
[It
shall be unlawful for the] The owner, [or] manager.1 or employee
of [any type of establishment or any employee thereof]
~
hotel must not [to]
knowingly [to] permit any person to [inscribe] write any false name or address
or license plate number in any such register.
Article
II. [Hostels, Rooming Houses, Boardinghouses and Tourist Homes]
Hotels.
54-5. Numbering of rooms.
Every [establishment shall] hotel must have a unique number on the corridor
side of the door to each guest room [and no two (2) doors shall bear the same
number].
54-6. Limitation on admission of visitors.
[No establishment shall] A hotel must not admit more visitors than the number
for which it is licensed.
54-7. Inspection of register by county officials.
Registers kept [in accordance with] under section 54-3 [shall] must always be
available at the [establishment] hotel for inspection by the [director] Director,
the fire marshal, the [county] police chief and [such other officials as may be
designated by the above named officials] their designees. The licensee may
request the official to present [Presentation of] proper credentials or proof of
identity [may be requested by the licensee].
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No. 2-16
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54-8. Owner, operator or manager to reside on premises.
The owner, operator, or a responsible manager appointed by the owner or
operator [shall reside on the premises of] must be on-site at all times at each
[establishment] hotel.
54-9. Parking facilities.
Every [establishment shall] hotel must provide off-street automobile parking
for visitors as [is set forth in the zoning ordinance] required hy chapter 59 of
[the Montgomery County] this Code, as amended. [No license shall be issued
by the director unless he finds the required parking facilities have been
provided.]
54-10. Administration and enforcement of article generally.
The [director is hereby authorized and directed to] Director must administer
and enforce [the provisions of] this chapter with the assistance of other County
departments, as necessary. [All department heads in the county government
are hereby authorized and directed to provide such assistance as may be
required by the director for the purpose of enforcing this article.]
54-11. Right of entry of county officials.
[For the purpose of enforcing this article, the director] The Director, the fire
marshal, the [county] police chief and [such other officials as may be
designated by the above named county officials shall] their designee, upon
exhibiting the proper credentials or proof of identity, [have the right to] may
enter any [establishment for the purpose of making] hotel to make any
necessary inspection [they may deem necessary at any time] during business
or operating hours [, and at such]. Inspections may also occur at other times
[as] if the county officials find [may be necessary in the public interest]
i1
necessary to protect the health and safety of any person.
54-12. Responsibility for compliance with article.
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No.
2-16
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The owner or operator of [an establishment]
~
hotel, and [his] the hotel's agent
or manager, [shall be] are responsible for [conforming to the provisions of]
complying with this article.
54-13. Violation of article; penalties [and injunctive, etc., relief].
[Any person who violates] A violation of any provision of Article II or Article
III of this [[article]] [shall be] Chapter is [subject to punishment for] a class A
violation [as set forth in section 1-19 of chapter 1 of the County Code]. [Each
day such violation shall continue shall be deemed a separate offense.]
54-14. License required [Required].
[No] Any building [or premises shall be] occupied or used as a [hostel,
rooming house, boardinghouse or tourist home] hotel within the county
[unless a license shall have been issued] must be licensed for such occupancy
and use by the [director, nor shall any] Director. An operator of~ [such
building or premises be so occupied and used] hotel must cease operating
immediately after [such] the license has expired, or has been revoked or
suspended.
54-15. Application.
Before the Director issues an annual license for any [establishment shall be
issued by the director] hotel under this [division, an application shall be filed
by] Division, the owner or operator, or [his duly] their authorized agent, [in
accordance with] must file an application that satisfies the regulations
[prescribed] approved by the [county executive] Executive under method (3)
of section 2A-15 of this Code.
54-16. Compliance with Code, [etc., prior to] before issuance.
[No license shall be issued to] The Director must not issue~ license to any
[establishment] hotel [to] under this [division] Division unless [such] the
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No. 2-16
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proposed [establishment is in conformance] hotel conforms with the
applicable provisions of this Code [and other ordinances of the county].
54-17. Certificates to be filed [prior to] before issuance.
The Director must not issue an initial [annual] license or license renewal under
this Division unless the applicant files [the following certificates have been
filed] with the Department~ certificate:
(a)
[A certificate] of use and occupancy from the Department of Permitting
Services[.]~
(b)
[A certificate] from the fire marshal stating that the building [is in
compliance with] complies with the fire prevention code[.t and
(c)
[A certificate] from the Director stating that the building or buildings
and rooms to be occupied or used by the guests of the [establishment]
hotel, and the premises on which such buildings are located, [are in
compliance with] comply with the standards and regulations of the
County and State Boards of Health.
54-18. Separate license required for each establishment.
[Each individual establishment] The Director must reqmre each hotel,
[although] operated by the same management, [shall be required] to obtain a
separate license under this [division] Division.
54-19. Fees.
The Executive must establish annual fees for licenses under this [division shall
be of such amount as may be established by the county executive] Division
by [written] regulation adopted under method (3) of section 2A-15 of this
Code:. [and shall] Fees must not exceed an amount necessary to defray the
costs of administering this [chapter] Chapter.
54-20. Denial where operator has been convicted of certain state law violations.
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No.
2-16
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The Director may deny an initial [or annual] license or license renewal to
operate [an establishment] a hotel under this Division if the Director finds the
owner or operator of the proposed [establishment has been] hotel was
convicted of violating the following provisions of the Criminal Law Article
of the Maryland Code:
(a) Section 10-202 (keeping disorderly house);
(b)Title 12 (gaming);
(
c) Title
5 (controlled dangerous substances, prescriptions, and other
substances); or
(
d) Section
10-201 (disturbing the public peace and disorderly conduct).
The Director may deny an initial [or annual license] or license renewal
if the owner or operator [has been] was convicted of any similar offense
outside Maryland.
54-21. Procedure for issuance or denial.
(a) [Upon receipt of] When an application for [an annual]
~
license under
this [division] Division, or [for renewal of a] when~ previously issued
license is in the renewal process, the [director shall make or cause to be
made] Director or the Director's designee must conduct all investigations
and inspections required by this article. The [director shall act upon]
Director must approve or deny the application within [ninety (90)] 90
days after the date of filing, or as soon thereafter as practicable. [In cases
in which an application] Applications for renewal of [an annual]
~
license [has been] filed on or before October 1 [as provided in section]
under Section 54-25 and [has] that have not been [neither] approved or
[disapproved] denied by the [director prior to] Director before the
following January 1, [the current license shall remain] remain in [full
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NO.
2-16
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force and] effect until approved or denied
!2y
the Director [[the]]
application [has been acted upon by the director].
(b) If, [upon the completion of] after all investigations and inspections are
completed, the [director] Director finds that the [establishment] hotel
for which a license under this [division] Division is requested does not
[
comply with the provisions] satisfy the requirements of this chapter, [he
shall] the Director must, within [ten (10)] 10 days after making such a
finding, [cause to be served upon the applicant written] transmit notice
of such finding to the applicant [and shall in such]:. The notice must
advise the applicant of the necessary corrective measures to be taken
before [a license will be issued] the Director will issue the license. The
[
director] Director may [, in such notice,] direct the applicant to appear
[before him] within [ten (10)] 10 days from the date of service of the
notice to show cause why the license should not be denied.
If
the
applicant [shall fail] fails to show cause as directed in such notice, or
[shall fail] fails to take the necessary corrective action [specified
therein], the [director shall refuse to issue or renew such license] Director
may deny the application.
(c) [All] The Director must send all of the Director's orders and notices
[issued by the director hereunder shall be served upon] to the applicant
either by registered mail or by personal delivery at the address shown on
the application. If the applicant cannot be found in the [county] County.
service by personal delivery [shall] must be made [upon] to the person
who is [at the time] in charge of the [establishment] hotel.
54-22. Display.
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No. 2-16
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[Each]
The
applicant must prominently display each license issued under this
[division shall be prominently displayed] Division in the [establishment] hotel
for which it was issued.
54-22A. Complaints
W
The Director must investigate any [[complaints]] complaint that
£
licensee
is in violation of this Article within 30 days of receiving the
complaint[[/s./s]].:.
@If
£
violation is found, the Director must issue written notice of the
violation to the owner or operator requiring that the violation be corrected
immediately.
(£}
If
the violation is not corrected immediately, the Director may revoke or
suspend the license under Section 54-26.
54-23. Change of location of establishment; transfer.
(a) Whenever [an establishment]
£
hotel changes its location, the current
license held by such owner or operator under this [division shall
automatically become] Division is void.
(b) The [director] Director may [, in his discretion,] authorize the transfer of
a license issued under this [division] Division to a new owner or operator
upon an application for transfer of the license and payment of a transfer
fee [which shall be established by the county executive]:. The Executive
must establish the transfer fee by [written] regulation adopted under
method (3) of section 2A-15 of this Code.
54-24. Expiration.
All [annual] licenses issued under this [division shall] Division expire on
December 31 of the year for which they are issued, unless sooner revoked or
suspended [as provided in] under this [article] Article.
54-25. Renewal.
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NO. 2-16
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[Every establishment shall, on] On or before July 1 of each year, every hotel
must make application to the department for renewal of the [annual] license
required by this [division] Division. Before [an annual]
~
license for any
[establishment shall be] hotel is renewed by the [director, the director shall
have received] Director, the Director must receive, [within ninety (90) days
prior to renewing any such license,] certificates as [prescribed in section]
required
QY
Section 54-17 [, which shall indicate thereon that the premises
have been inspected within ninety (90) days prior to the expiration of the
license]. The Director must renew the license after receiving the certificates,
completing any outstanding complaint investigations, and finding that the
application satisfies this Article.
54-26. Revocation or suspension generally.
(a)
The [director] Director may revoke or suspend any license issued under
this [division upon finding] Division if the Director finds that the owner
or operator of any [establishment] hotel is in violation of any provision
of this [article] Article. Any such revocation or suspension [shall] must
be by written order directed to [and served upon] the owner or operator
of [[ such establishment]] [in the manner prescribed in subsection (c) of
section 54-21] the hotel under the procedures of subsection
54-2l(c).
Any such notice of revocation or suspension [shall] must require the
holder of the license to appear before the [director] Director and show
cause why the license should not be revoked or suspended [in the
manner provided above].
(b) The Director may revoke or suspend any license issued under this
Division if the Director finds that the [establishment] hotel is disruptive
to the general peaceful enjoyment, dangerous to the health and safety,
of the community or a nuisance because of noise or indecent or immoral
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No. 2-16
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activity by any guest, owner, operator or employee. The Director may
also revoke or suspend any license issued under this Chapter if the
owner or operator of the [establishment] hotel has, while operating the
[[establishment]] hotel, been convicted of violating:
(
1)
the provisions of the Criminal Law Article of the Maryland Code
[listed] in section
54-20;
or
(2) the drunkenness and disorderly conduct provisions of Section 10-
201 of the Criminal Law Article of the Maryland Code while on
the licensed premises.
Revocation or suspension of a license under this subsection must follow
the procedures in Section
54-21
(b).
54-27. Appeals from denial, revocation or suspension.
Any person aggrieved by the denial, revocation or suspension of a license
under this [division] Division may appeal from the action of the [director]
Director to the [county board of appeals] Board of Appeals. Such person
[shall] must file a [written] notice of appeal with the clerk of the [board of
appeals] Board of Appeals within [twenty (20)] 20 days after service of notice
of such action. Upon receiving such appeal, the [board of appeals shall] Board
of Appeals must hold a hearing [thereon] within [thirty (30)] 30 days after the
notice of appeal has been filed, and [shall] must act upon [such] the appeal
within [thirty (30)] 30 days after the hearing. [The council may, by resolution
entered on its minutes, extend such periods of time.]
Division 3. Health Standards and Regulations.
54-28. Water and sewer facilities.
Water and sewer facilities in every [establishment] hotel must be connected
to public lines where such lines are available. [In the event no] When public
sewer lines are not available.,_ the [sewage must be collected, treated and
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No. 2-16
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disposed of in an independent sewerage system which complies with the
standards of the excreta disposal laws of the State and of] private sewage
system must satisfy Chapter 45 of this Code. [In the event no] When public
water lines are not available, [no] only
~
water supply [may be used by an
establishment unless it has been] approved by the Director [of the Department
of Health and Human Services] may be used.
54-29. Plumbing facilities.
[All plumbing facilities in establishments shall be constructed, installed and
maintained so as to prevent sanitary hazards.] Toilet and bath facilities [shall
be provided in accordance with] must satisfy the plumbing code for the
Washington Suburban Sanitary Commission [and any amendments thereto]
as amended.
54-30. Disposal of solid waste.
All solid waste [at establishments shall] must be stored in covered metal
receptacles [which shall be].:. These receptacles must be removed from the
premises and cleaned at least once a week or as often as [prescribed by the
director] the Director requires. All such waste [shall be burned, buried or
otherwise] must be disposed of in [such]
~
manner [as] that does not [to]
constitute a nuisance [or to be accessible to animals or flies].
54-31. [Screens.] Insects.
[All outside doors, windows and other outside openings in establishments
shall be adequately screened against flies, mosquitoes and other insects. If the
establishment is completely air-conditioned, screening shall not be required.]
All interior spaces must be maintained free of all insects. Any infestation
must be immediately addressed
12y
management.
54-32. Minimum size of rooms.
(a) [No] Any habitable room [shall be occupied at] in
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No. 2-16
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373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
[an establishment unless it contains] £! hotel must be at least [seventy
(70)] 70 square feet in floor area and there must be at least [fifty (50)] 50
square feet of floor area for each person. Children under [twelve (12)) 12
years of age [shall be] are counted as one-half person. Children under
[one (1))
l
year of age [shall not be] are not counted as£! person for the
purpose of this requirement.
(b) At least one-half of the floor area of every habitable room [shall] must
1
feet, and the floor area of
that part of any room where the ceiling height is less than [five (5)]
2
feet
have a ceiling height of at least [seven (7))
[shall] is not [be] considered as part of the floor area in computing the
total floor area of the room for the purpose of determining the maximum
permissible occupancy [thereof] of the room.
54-33. Heating and ventilation.
All rooms in [establishments shall] hotels must be adequately heated and
ventilated. Every habitable room [shall] must have at least one
[(l)]
easily
opened window or skylight [which can easily be opened], or such other device
[as will] that adequately [ventilate] ventilates the room. Every [establishment
shall] hotel must have£! heating [facilities which are! system. The heating
system must be properly installed and maintained in safe and good working
condition [. Such heating facilities shall_be] capable of safely and adequately
heating all habitable rooms, bathrooms and water closet compartments to a
temperature of at least [seventy (70)] 70 degrees Fahrenheit at a distance of
[three (3)]
J
feet above floor level under ordinary minimum winter conditions.
391
392
393
394
395
396
397
398
54-34. Lighting.
All .rooms in [establishments shall] hotels must be adequately lighted [by
either natural or artificial light and additional] including light [shall be
provided] for reading [purposes].
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No. 2-16
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400
401
402
403
404
405
406
407
408
409
41 0
411
412
413
414
415
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417
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420
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54-35. Basement rooms.
[No habitable room shall be in the basement of an establishment unless the]
Only when basement floors and walls are constructed of material impervious
to water.,_ may
~
habitable room be located in
~
basement.
54-36. Cellar rooms.
A room in a cellar [shall not be considered] is not~ habitable room [and shall
not be used by any establishment for habitation].
54-37. Bedding and linen.
(a) All mattresses, blankets and other bedding used at [establishments shall]
hotels must be kept clean and free of bedbugs.
(b) Clean sheets and pillow slips [shall] must be provided in
[establishments] hotels at least once each week and after each
succeeding guest.
[(c) Two (2) clean towels shall be provided for each establishment guest at
least twice each week and after each succeeding guest.]
54-38. [Drinking glasses.] Reserved.
[Drinking glasses used in any establishment shall be sterilized at least after
each succeeding guest and common drinking glasses shall be prohibited.]
54-39. Food, dining rooms and kitchens.
Food, public dining rooms and kitchens in each [establishment shall comply
with the provisions of chapter] hotel must satisfy Chapter
12
of this Code [and
any amendments thereto] as amended.
54-40. Maintenance of premises.
Every owner or operator of [an establishment shall be]
~
hotel is responsible
for maintaining all parts of the [[establishment]] hotel, in a clean and sanitary
condition [all parts of the establishment], including the land on which the
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No. 2-16
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426
427
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451
[establishment] hotel is located. Every owner or operator [shall be] 1s
responsible for maintaining the [establishment] hotel in good repair.
54-41. Inspections and report of violations of article.
The Department [of Health and Human Services] is responsible for making
all necessary inspections [of the establishments] regulated under this Article
and must report to the Director any violations of this Division.
Article III. [Reserved] Bed and Breakfast and Short Term Residential Rental.
54-42. License required.
A person must not operate f! bed and breakfast or short term residential rental
in the County without £ license issued
by
the Director. After the initial
issuance off! license, the license must be renewed once f! year.
54-43. Certification for! License.
An application for£ bed and breakfast license or short term residential rental
or £ license renewal for either use must be signed
Qy
the applicant. The
applicant must certify that:
(ru
the building in which the bed and breakfast or short term residential
rental is located complies with all applicable zoning standards under
Chapter 59 of this Code;
.(hl
[[the overnight occupants of each dwelling unit will satisfy the definition
of one household]] the total number of overnight guests in the short term
residential rental who are 18 years or older is limited to six, and the total
number of overnight guests over 18 years of age per bedroom is limited to
two.
(
c)
only habitable rooms will be used
by
guests;
smoke detectors in all units and carbon dioxide detectors in all units
using natural gas operate as designed;
@
(fil
sanitation facilities operate as designed;
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No. 2-16
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
ill
.{g)
the applicant has not been found guilty off! violation of this Chapter in
the past 12 months;
all local taxes and required fees are paid in full;
the dwelling unit where the bed and breakfast or short term residential
rental is located is the primary residence of the applicant; [[and]]
{hl
ill
the applicant is the owner or authorized agent of the facility;
the applicant posted rules and regulations inside the rental, including
contact information for a representative designated for emergency
purposes;
ill
,Ck)
the designated representative resides within 15 miles of the unit and be
accessible for the entirety of any contract where the primary resident is
not present;
ill
a record of all overnight visitors will be maintained and readily available
for inspection;
(m) where applicable, the following parties were notified:
in a single-unit or attached unit. abutting and confronting neighbors,
in a multi-unit building, neighbors living across the hall and those that
share a ceiling, floor, and walls with the applicant's unit,
the municipality in which the residence is located,
any applicable home owner association, condominium, housing
cooperative. and
the owner of the unit or the owner's rental agent, if the applicant is not
the owner.
468
469
470
471
4
72
4
73
474
475
(ru
the a@lication is not prohibited by any Home Owner's Association or
condominium document, or a rental lease;
476
4 77
(ru
the common ownership community fees for the dwelling unit are no more
than 30 days past due;
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No. 2-16
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