For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADJACENT AND CONTIGUOUS PROPERTY OWNERS. Those properties which are immediately adjacent, that is, actually touch upon the land of the owner of the transient vacation rental unit, and those properties located across or adjacent to a roadway, tributary waterway, easement, or right-of-way which touches upon the land of the owner of the transient vacation rental unit.
BEAR PROOF ENCLOSURE. A type of enclosure designed for the storage of trash containers between collection times that prevents access to garbage by bears and wildlife. It should be an enclosed structure containing four walls and a roof, with 1 side accommodating a door. The latching device must be of sufficient strength and design as to prevent access by bears and wildlife.
BEAR PROOF TRASH CONTAINER. A fully enclosed container with a lid that is inaccessible to bears and wildlife. The lid must fit tightly and have a latching mechanism of sufficient strength and design as to prevent access by bears and wildlife. Any container overfilled so as to prevent latching is not a bear proof container.
DWELLING UNIT. A dwelling or portion thereof providing complete living facilities for 1 family limited to not more than 8 bedrooms except as in “single family dwelling unit”; provided, however, that the term DWELLING UNIT shall not be deemed to include transient vacation rental units, rooming, boarding or lodging houses or hotels, motels, tourist homes or other similar places offering overnight accommodations for transients.
OWNER. All the titled owners, including but not limited to corporations, partnerships and all beneficiaries of property held in trust of the real property comprising the transient vacation rental unit as well as any contract purchaser of the transient vacation rental unit.
OWNER'S AGENT. The individual, firm, or organization appointed, in writing, to act for and on behalf of the owner in respect to the owner's duties and obligations under the terms of this chapter.
SINGLE FAMILY DWELLING UNIT. A dwelling unit commonly known as a single family house designed for and occupied exclusively as a private residence from ground to roof, open on all sides, and not available or used for transient vacation rental. The single family dwelling shall be limited to not more than 8 bedrooms unless the holder(s) of record title to the property for which the application is made executes a binding covenant running with the land in favor of adjoining land owners and/or the Garrett County, Maryland, recorded among the land records of Garrett County, Maryland limiting the use of the dwelling to prohibit transient vacation rental of the property.
TRANSIENT VACATION RENTAL UNIT. A building offering complete living facilities under 1 roof provided that a maximum of 8 bedrooms (unless a greater number of bedrooms lawfully existed prior to August 5, 2003) and a maximum occupancy of 2 persons per bedroom plus four additional persons will be permitted on the property and that the living facilities are rented on the basis of a 14-day period or less to guests. All living facilities must be incorporated into the principal structure and no living quarters may be installed in accessory buildings, unless such quarters lawfully existed prior to August 5, 2003.
(Ord. 2006-7, passed 3-1-2006)
The use of a transient vacation rental unit shall be subject to the following:
(A) The use of property within the district as a transient vacation rental unit must be a use permitted under the terms, conditions, and zoning within the district;
(B) The use of property within the district as a transient vacation rental unit must be registered in accordance with the terms of this chapter;
(C) The owner of the property shall grant agents of the County Licensing and Enforcement Division and County Health Department authorization to enter onto transient vacation rental unit property for the purposes of making inspections necessary to insure compliance with all regulations, restrictions and limitations on the residence and operation as a transient rental unit.
(D) A license must have been issued for each transient vacation rental unit prior to the time that the unit is rented, or occupied; the unit may be advertised subject to full compliance of the county transient vacation unit ordinance; and the use of property as a transient vacation rental unit must be in accordance with all of the laws, rules, regulations, and ordinances of the county and the state.
(Ord. 2006-7, passed 3-1-2006)
(A) All owners of property who intend to offer property for use as a transient vacation rental unit shall first apply to register that property with the Office of Licensing and Enforcement Management of the county and pay a one-time registration fee as adopted by the Board of County Commissioners.
(B) All rental agency firms acting on behalf of the owners of transient vacation rental units as defined in this chapter shall supply annually a complete list of all rental properties, their owners represented by that agency and all emergency contacts for that agency.
(Ord. 2006-7, passed 3-1-2006)
Upon registration of the transient vacation rental unit the applicant shall:
(A) Obtain approval from the County Health Department to ensure that there are adequate facilities present on the property to protect the public health and safety. The applicant shall comply with all codes, regulations and requirements administered by the County Health Department regarding drinking water, sanitary sewage disposal, swimming pools and hot tubs/spas to include:
(1) Water samples shall be taken by a state certified water sampler and submitted to a state certified laboratory for bacteriological analysis annually. The results shall be submitted to the County Health Department. A transient vacation rental unit not equipped with a water disinfection device, found to have coliform bacteria present in the water at any time, shall immediately cease occupancy of the rental unit. Prior to resuming occupancy, the water system shall be disinfected and resampled by the Health Department. If the resample is negative for coliform bacteria, occupancy can resume, however an additional water sample must be supplied to the Health Department within 60-90 days of resuming occupancy. If any resample is positive for coliform bacteria, a Health Department approved disinfection device shall be installed along with any other necessary additional water treatment equipment to assure bacteria free water prior to continuing rental of the unit.
(2) A transient vacation rental unit that has 2 consecutive annual samples positive for coliform bacterial shall be required to install a Health Department approved disinfection device.
(3) A transient vacation rental unit equipped with a water disinfection device and found to have coliform bacteria present in both the untreated and treated water shall immediately cease occupancy of the rental unit. Occupancy may resume after deficiencies in the disinfection system are corrected and a sample negative for coliform bacteria after treatment is obtained.
(4) All transient vacation rental units with a pool, hot tub and/or spa shall have it maintained by an individual who is certified as an operator of pools, hot tubs and spas by the state during the time period the transient vacation rental unit is used as a rental. Maintenance shall be performed weekly and records kept on site for review. All pools, hot tubs and/or spas shall be maintained in accordance with state requirements for water quality and filtration parameters.
(B) Provide evidence that the owner of the property, either individually or by agent, is able to respond to any request to address problems, including emergencies, that may exist with respect to the property or its use as a transient vacation rental unit;
(C) Provide evidence that the transient vacation rental unit complies with the Building or Life Safety Codes, as follows:
(1) All new construction as a transient vacation rental unit shall comply with the International Residential Building Code; and
(2) All new and existing transient vacation units shall be equipped with;
(a) A proper egress for each bedroom;
(b) An emergency exit plan;
(c) A wall mounted fire extinguisher in the kitchen area; and
(d) Operable smoke alarms in each bedroom and an additional 1 per floor of the unit.
(D) Upon approval by the Health Department, the Office of Licensing and Enforcement Management will review the registration application and conduct an inspection of the transient vacation rental unit to determine compliance with the provisions of this chapter. A property complying with the terms of the ordinance shall then be registered as a transient vacation rental unit in the county.
(Ord. 2006-7, passed 3-1-2006)
Upon approval of the registration and payment of the biennial license fee to the Office of Licensing and Enforcement Management of the county:
(A) The owner of the property shall be issued a transient vacation rental unit license and will be required to biennially obtain approval and renew the license with the Office of Licensing and Enforcement Management.
(B) The owner or subsequent owner of any transient vacation rental unit that ceases or fails to renew a license for a period of 2 consecutive years shall then be subject to all requirements set forth in the Zoning Code prior to re-obtaining a transient vacation rental unit license.
(C) The owner of the property shall be required annually to obtain approval from the County Health Department indicating compliance with all codes, regulations and requirements administered by the County Health Department regarding drinking water, sanitary sewage disposal, swimming pools and hot tubs/spas.
(D) The owner of the property shall be required to pay all administrative fees as established from time to time by the county and the Health Department for the license to be issued in respect to the property. The fees for registration, re-registration, license and appeals shall be accordance with a fee schedule adopted by resolution of th County Commissioners upon the enactment of this chapter, or as such schedule may be amended by resolution of the County Commissioners.
(Ord. 2006-7, passed 3-1-2006)
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