CITY OF SALISBURY
ORDINANCE NO. 1871
AN ORDINANCE of the Mayor and the Council of the City of Salisbury to amend Chapter 15.24.490 - General Definitions. to change the definition of a “boarding house”, “dormitory”, “single-family dwelling”, and “family”, and to amend Chapter 15.24.950 - Occupancy Limitations. to change the number of occupants in various dwelling units.
WHEREAS, the on-going application, administration and enforcement of housing standards in Title 15 - Buildings and Construction of the Salisbury Municipal Code, demonstrates a need for its periodic review, evaluation and text amendment; and
WHEREAS, the Mayor and Council have adopted certain amendments to Title 17 - Zoning of the Salisbury Municipal Code relating to the definition of “family”; and
WHEREAS, the Mayor and Council desire to amend Title 15, Buildings and Construction, to adopt similar definitions and occupancy standards as previously adopted in Title 17 - Zoning of the Salisbury Municipal Code.
NOW, THEREFORE, be it enacted and ordained by the Council of the City of Salisbury, Maryland, that the text of Section 15.24.490 - General Definitions. and Section 15.24.950 - Occupancy Limitations. be amended as follows:
TITLE 15
BUILDINGS AND CONSTRUCTION
ARTICLE XI - DEFINITIONS
Section 15.24.490 - General Definitions.
Boarding House. Any building or structure with independently rented rooms used for sleeping accommodations. No agreement is required between operator and occupant to assist in the bathing, dressing or provision of other types of supervision. Rooms will not be used for cooking purposes.
Any building or structure other than a hotel or restaurant where lodging and/or meals are regularly furnished by pre-arrangement for which compensation is paid in advance.
Dormitory. A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group.
A building or group of buildings containing rooms forming habitable units which are used or intended to be used for living and sleeping by persons enrolled or participating in an academic or other institution, but not for cooking or eating purposes.
Single-Family Dwelling. A building containing one dwelling unit. with not more than four unrelated individuals or one family.
Family. An individual or married couple and their children with not more than two other persons related directly to the individual or married couple by blood or marriage; or a group of not more than four unrelated persons, living together as a single housekeeping unit in a dwelling unit.
Means and includes, subject to the exceptions stated below:
I. A core consisting of one person living alone or one of the following groups living as a single housekeeping unit:
A. Two or more persons who are related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, such as foster children placed by an agency licensed to operate in Maryland;
B. Up to a maximum of four persons who are not so related, hereinafter referred to as “unrelated persons”, provided, however, that
1. In any dwelling or dwelling unit, including an apartment, in an R-5, R-8 or R-10 district or in any detached or duplex single-family dwelling or townhouse in any other district, the maximum shall be two unrelated persons not including the children of either of them.Any existing lawful occupancy by more than two unrelated persons that is made nonconforming by this subpart may continue until June 30, 2005, when it shall cease to be permitted. Before that date, if a dwelling or dwelling unit is or shall become unlawfully occupied by unrelated persons, then any and all nonconforming occupancy thereof by unrelated persons will no longer be permitted.
2. In any district other than an R-5, R-8 or R-10 district, in an apartment or any attached dwelling unit, except a townhouse or duplex dwelling, the maximum shall be the following number of unrelated persons not including the children of any of them:
Two - in an efficiency or one bedroom unit;
Three -in a unit having two or more bedrooms; or
Four - in any unit constructed after November 25, 2002, having two or more bedrooms, if the entire parcel or tract of land on which it is located complies with the off-street parking requirement in effect when it was completed.
C. A group of not more than four persons who are granted a special exception as a “functional family” pursuant to the procedure and general criteria for a special exception and a finding that they each meet the following specific criteria:
1. Share a permanent personal bond and commitment to on another;
2. Not dependent upon or supported by someone who does not maintain legal domicile at the particular dwelling unit and reside therein;
3. Maintain legal domicile at the particular dwelling unit;
4. Share a single household budget;
5. Share in the repair and maintenance of the dwelling unit and its grounds, if any;
6. Prepare and eat meals together on a regular basis;
7. Share in legal ownership or tenancy of the dwelling unit.
II. In addition to its core member(s) a family may include:
A. One or more persons who provide health care or assisted living service to any core member of the family that are essential to health, safety or general well-being of such core member, by performing such services at least eight hours each day.
B. One or more domestic servants who perform personal or household services at the dwelling or dwelling unit at least eight hours each day.
C. In the case of an owner-occupied dwelling unit in an R-5, R-8 or R-10 district, one person who is not a core member of the family, provided that no more than two unrelated persons, not including any permitted provider of health care or assisted living services, reside in the dwelling.
Exceptions: A “family” may not include or consist in whole or in part of:
1. Any society, club, fraternity, sorority, association, lodge, federation, or like organization.
2. Occupants of a rooming house or boarding house.
3. Persons whose association as a group is temporary or seasonal in nature.
4. Persons living in a group arrangement as a result of criminal conduct.
15.24.950 - Occupancy Limitations.
A. General. Dwelling units, hotel units, or rooming units shall be arranged to provide privacy and be separate from other adjoining spaces.
B. Square Footage. Every dwelling unit shall contain at least one hundred fifty (150) square feet of habitable area for one occupant, and one hundred (100) square feet of habitable area for each additional person. The floor area shall be calculated only on the basis of the total area of all habitable room.
C. Area for Sleeping Purposes. Every room occupied for sleeping purposes by one occupant shall contain at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least fifty (50) square feet of floor area for each additional occupant.
D. Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the following:
1. A detached dwelling unit (single house) may be occupied by:
A. One family allowing for visiting guest, or
B. Not over four unrelated occupants;
2. An attached dwelling unit may be occupied by:
A. One family allowing for visiting guest, or
B. Not over three unrelated occupants;
3. A multiple-family dwelling unit may be occupied by:
A. One family allowing for visiting guest, or
B. Not over three unrelated occupants;
4. A rooming unit may be occupied by:
A. One family, or
B. Not over two unrelated occupants. (Ord. 1665 Exh. A (part), 1997)
Dwelling units shall not be occupied by more occupants than permitted under the definition of “family” or “functional family”, as set forth in Section 15.24.490.
AND BE IT FURTHER ENACTED AND ORDAINED BY THE COUNCIL OF THE CITY OF SALISBURY, MARYLAND, that this Ordinance shall take effect from and after the date of its final passage.
THIS ORDINANCE was introduced and read at a meeting of the Council of the City of Salisbury held on the ____ day of January, 2003, and having been published as required by law, in the meantime, was finally passed by the Council on the _____ day of _________, 2003.
_________________________ _________________________
Brenda J. Colegrove, City Clerk Lavonzella Siggers,
President of the Council of
the City of Salisbury
Approved by me, this ________
day of ______________, 2003.
__________________________
Barrie P. Tilghman,
Mayor of the City of Salisbury