The purposes of this article are to protect the public health, safety, and general welfare of the citizens of Dorchester County; assist the County government in monitoring the number of short-term rentals in the County; ensure that owners and operators of short-term rentals are known to the County and other interested parties and can be reached if necessary; ensure that owners and operators of short-term rentals are aware of their obligations under relevant codes and regulations; and ensure that short-term rentals meet minimum standards of maintenance.
As used in this article, the following terms shall have the meanings indicated:
An individual at least 21 years of age designated by the operator in lieu of themselves as the twenty-four-hour emergency contact for a lawfully operating STR.
A private owner-occupied residence in which not more than six bedrooms are rented to tourists or travelers, and in which breakfast is provided and included in the room rate.
The Department of Planning and Zoning.
The Director of Planning and Zoning or their designee.
The individual(s) who have lawfully obtained the exclusive use and possession of the STR for a certain time as designated in the rental agreement from its operator, including their guest(s).
Any individual or entity that operates an STR, including the owner. For purposes of this article, a lessee may serve as an operator of an STR only when expressly authorized in writing by the owner.
A property lessee, as documented in a valid lease agreement with the owner, who, with the express permission of the owner, makes their primary residence on the real property upon which the STR is located, as evidenced by a homestead exemption, voter registration, vehicle registration, driver's license, or similar documentation.
Any individual or entity that holds legal title to the STR.
An individual owner who makes their primary residence on the real property upon which the STR is located, as evidenced by a deed, homestead exemption, voter registration, vehicle registration, driver's license, or similar documentation.
The permit issued by the County that identifies the subject property as a lawful STR, the STR permit number, the name(s) and contact information of the owner(s), operator(s), and agent(s), as applicable, and a twenty-four-hour emergency contact phone for at least one of the foregoing.
The rental of a habitable dwelling unit, or a portion thereof, upon written agreement, by the owner or operator to one or more individuals for occupancy, dwelling, lodging, or sleeping purposes; provided, however, that the following shall not be considered a STR and are not subject to this article:
The rental of units within County-approved hotels, motels, bed-and-breakfasts, and time share projects;
The rental of a dwelling unit, or portion thereof, pursuant to a lease agreement having a term of at least one month; and
The rental of a habitable dwelling unit, or portion thereof, for less than 15 days in a calendar year.
A room within a dwelling designed or used for sleeping, including a bedroom. Tents, hammocks, recreational vehicles, and/or other vehicles and outdoor areas shall not be considered a sleeping area.
No STR shall operate within the County without a current valid STR permit.
A.
Application. Application for an STR permit shall be made either in writing or electronically to the Department on a form provided by the County. Application for an STR permit shall be accompanied by the application fee then in effect, as established and as may be amended from time to time by resolution of the County Council, and shall include the following information:
(1)
A list of all owners, members, operators, and agents of the STR including names, addresses, telephone numbers, and current email addresses of each.
(2)
A complete description of the premises to be operated as an STR.
(3)
A narrative describing the location of the available parking.
(4)
The name, address, and twenty-four-hour telephone number of all contact individuals, whether the owner, member, operator, or agent, who shall be responsible and authorized to respond to complaints concerning the use of the STR.
(5)
An attestation that all owners have met and shall continue to meet all standards and other requirements of this article including, but not limited to, maintenance of insurance coverage of the STR in accordance with § 123-17B and that the STR has the required and necessary smoke detectors and fire extinguishers required by law.
(6)
A copy of the standard lease agreement and house rules for the STR.
(7)
Maximum occupancy of the STR based on the number, size, configuration, and furnishings of the bedrooms, and per the applicable provisions of this code and/or state law or regulation.
(8)
Notarized signature of the applicant(s) representing that all contents of the application are true and accurate to the best of their personal knowledge, information, and belief and acknowledging that any material misrepresentations or omissions are grounds for denial, suspension, or revocation of the STR permit.
B.
Completeness of application. Applications shall not be considered complete until all documentation required under this article has been submitted and the full application and permit fees have been paid. Incomplete applications will not be accepted.
C.
Acknowledgement by applicant. In connection with submission of the application, each applicant and each owner, if other than the applicant, shall acknowledge that any STR permit granted by the County does not supersede any property-specific restrictions against STRs that may exist under law, agreement, lease, covenant, homeowner's association policies, or deed restriction.
D.
Registration of non-owner-occupied residential dwelling unit. No STR permit shall be issued for any non-owner-occupied residential dwelling unit until and unless such unit is duly registered in accordance with Article III of this chapter. The failure to maintain such registration following issuance of an STR permit may be grounds for suspension or revocation of the STR permit, in addition to any other penalties provided for in Article III of this chapter.
E.
Review. Upon receipt of a completed application for an STR permit and payment of the required fee, the Director, in consultation with other appropriate County departments, shall determine if the applicant has complied with all requirements of this article as well as all other applicable laws and regulations, including but not limited to Chapter 155, Zoning, of this Code. If the applicant is in full compliance, the Director shall issue the STR permit to the owner(s).
F.
Limitations on issuance. The County Council reserves the right to limit, by resolution, the number of STR permits to be issued at any given time when, in their opinion, such limitation is in the best interest of the County.
A.
Unless otherwise revoked by the County pursuant to this article, an STR permit expires three years from the date of issuance.
B.
AN STR permit holder shall apply for renewal no earlier than three months prior to the expiration of the permit on a form provided by the County. The permit holder shall update the information contained in the original permit application, or most recent renewal thereof, as required under this article, as amended from time to time, if any such information has changed. The permit holder shall sign a statement affirming that there is either no change in the information contained on the original permit application, or most recent renewal thereof, as applicable, or that any information that has been updated is accurate and complete. Complete applications for renewal received after the expiration of a current permit shall be treated as applications for a new permit.
C.
The County shall follow the procedures set forth in this article when determining whether to renew a permit.
D.
The fee for the renewal of an STR permit shall be established and may be amended from time to time by resolution of the County Council.
AN STR permit is not transferable to another owner, operator, unit, or location.
A.
Type 1 STR regulations. This subsection applies to an STR located on property that is owner-or operator-occupied.
(1)
A Type 1 STR may include the rental of less than an entire dwelling unit, subject to the following:
(a)
A sleeping area must be 70 square feet for one occupant and 50 additional square feet for each additional occupant, and shall include, at a minimum, the shared use of a full bathroom;
(b)
The owner or operator shall generally be present on the property; and
(c)
The property shall not have any outstanding County-issued violations affecting the health, safety, or welfare of any occupants thereof, including, but not limited to, violations of the County's property maintenance or building codes.
B.
STR (Type 2) regulations. This subsection applies to an STR located on property that is not owner- or operator-occupied.
(1)
A Type 2 STR use is subject to the following:
(a)
A sleeping area must be 70 square feet for one occupant and 50 additional square feet for each additional occupant, and shall include, at a minimum, the shared use of a full bathroom;
(b)
The owner or operator is generally not present on the premises and has a designated operator or agent, as applicable; and
(c)
The property shall not have any outstanding violations issued by the County affecting the health, safety, or welfare of any occupants thereof, including, but not limited to, violations of the County's property maintenance or building codes.
All STRs permitted pursuant to this article are subject to the following:
A.
Parking. If the STR has private parking, e.g., a driveway or private lane, then the STR shall not be permitted to occupy more than one on-street parking space. If there is no private parking, then a maximum of two on-street parking spaces will be permitted. No parking shall be permitted within public alleys or access easements as defined by this code and applicable laws and regulations. Landscaped areas, e.g., yards, shall not be utilized for parking.
B.
Insurance. The owner shall keep, at a minimum, an insurance policy sufficient for personal injury liability of guests.
C.
Life safety.
(1)
STRs and the premises upon which they are located shall conform to all applicable state and local laws and regulations, including but not limited to all applicable provisions of this code.
(2)
A standard five-pound extinguisher shall be properly mounted and accessible on each floor of the STR.
(3)
Smoke and carbon monoxide detectors shall be installed and conform to all applicable state and local laws and regulations, including but not limited to all applicable provisions of this code.
(4)
Each bedroom or other sleeping area shall have a window or other direct means of exit to the exterior of the premises in the event of an emergency.
E.
Posting of house rules. The operator shall post in a conspicuous location of the STR the following minimum information:
(1)
Location of required off-street parking, other available public parking, and prohibition of parking on landscaped areas.
(2)
Quiet hours and noise restrictions pursuant to this Code.
(3)
Twenty-four-hour contact person and phone number.
(4)
Property maintenance requirements.
(5)
Trash pickup requirements, including location of trash cans and recycling bins, as applicable.
(6)
County emergency numbers.
(7)
Notice that failure to conform to the occupancy and parking requirements is a violation of this article and/or other provisions of this code, for which the occupant may be subject to penalties as set forth herein.
F.
Hotel occupancy tax. The owner must remit all applicable federal, state, and local hotel occupancy taxes in a timely manner, pursuant to applicable laws and regulations, including this article. If the owner is using an STR management computer application such as VRBO, Expedia, or AirBnb, then any County hotel occupancy taxes may be automatically deducted and remitted to the County.
To ensure continued compliance with the requirements of this article, an STR may be inspected whenever an alleged violation pursuant to § 123-17 is submitted on the complaint form approved by the Director and filed with the County in accordance with the County's established code enforcement policies and procedures.
A.
The operation of a STR in the County without a valid current STR permit shall be a violation of this article subject to the County's established code enforcement policies and procedures.
B.
The failure to operate a STR in the County in accordance with the terms and conditions of a valid current STR permit shall be a violation of this article and shall be grounds for suspension or revocation of a STR permit, in the Director's sole discretion.
C.
Emergency contact. The owner or operator of the STR shall provide the County with a twenty-four-hour contact number for the operator or a designated agent and shall provide timely updates to County of any changes thereto. Should a law enforcement officer or code enforcement officer respond to the STR and issue a citation for any violation of applicable law, including this code, the owner, operator or their agent shall be called by the officer. The owner, operator, or their agent shall attempt to contact the occupants within one hour of the call to address the complaints. Should a second complaint be filed during the occupants' stay, the owner or operator must take appropriate steps, in accordance with the lease agreement and/or house rules, to ensure future complaints do not occur. STR permits shall be revoked if three or more confirmed citations are issued for two or more separate rental periods at a permitted STR within any six-month period, regardless of to whom the citations are issued. Failure to provide updated information to the County regarding the designated agent shall be a violation of this section.
D.
In addition to the suspension or revocation of an STR permit, any violation of the provisions of this article, including the failure to operate a STR in accordance with the terms and conditions of a valid current STR permit, shall be punishable as a civil infraction and subject to a fine of $250 for an initial violation and $500 for a repeat violation. Each day that a violation continues shall be deemed a separate offense and subject to a separate fine without the need for additional notices or citations and may be joined in a single prosecution.
E.
The provisions of this section are in addition to and not in lieu of any criminal or civil penalties as provided by applicable state and local laws and regulations. The County may pursue any action available at law or in equity to remedy violations of this article.
In addition to the Director's authority to suspend or revoke an STR permit set forth elsewhere in this article, the Director is authorized to suspend or revoke an STR permit whenever such permit is issued in error or on the basis of incorrect information supplied or where it is determined that the subject premises, building, structure, unit, or portion thereof is in violation of the provisions of this article or any other applicable state or local law or regulation, including this code, and where such violation(s) have not been abated to the County's satisfaction. The procedures to suspend or revoke an STR permit are as follows:
A.
Any person who allegedly is directly aggrieved by any order, requirement, decision, or determination of any County department, agency, or official in conjunction with the administration and enforcement of this article may appeal such order, requirement, decision, or determination to the Board of Zoning Appeals.
B.
Appeals must be filed on a form provided by the Department in accordance with procedures established by the Department or the Board and must state the grounds for the appeal. The appeal must be accompanied by the vacant building notice being appealed and the filing fee then in effect, as established and as may be amended from time to time by resolution of the County Council.
C.
Stay. The filing of an appeal will stay the order, requirement, decision, or determination being appealed. The stay will be lifted upon the issuance of a written decision under Subsection D below.
D.
Hearing. Within 30 days after the filing of a notice of appeal, the Board will convene to hear the appeal. At the hearing, the appellant may appear and be heard or may be represented by an agent or attorney. The owner, if other than the appellant, and the Director may testify, present documents and other evidence, including witness testimony. All cross-examination shall be under the strict limitation of the Board. The Board shall consider all relevant evidence submitted at the hearing. The appellant has the burden of persuasion to show that the order, requirement, decision, or determination being appealed was incorrect.
E.
Decision. Within 45 days after the hearing, the Board shall issue a written decision affirming or reversing the order, requirement, decision, or determination being appealed.