(2/24) A hot topic for the Board of Commissioners is student housing, specifically in the Main Street area of Town (also known as the Village Zone). In October, the Commission heard property owner, David Ott, request a text amendment to the Town’s Code. Ott recently renovated a property on West Main Street into two apartments and currently rents them to students. While it was pointed out that many of the homes in Emmittsburg have been renting to students in the Village Zone since the 1960’s, the issue is the Town’s Code does not permit student housing in this area of Town, meaning Ott was in violation of the Code.

The issue really surrounds the wording in the Town’s Code where an individual, a family related by blood or marriage, or a group of people acting as a single household group are the only permitted renters. A single household unit carries the attributes of buying food together, cooking meals together, sharing expenses and having one lease. Traditionally with student housing, each student is responsible for those things by themselves.

Keeping the Code’s "archaic language" in mind, Ott had the choice to either only rent to families or apply for an amendment to the Code that would allow students to occupy dwellings in the Village Zone. The decision on the amendment comes at a pivotal time due to Mount Saint Mary's current housing crisis of not having enough housing available to support their student population.

The Council debated back and forth for a while until Ott’s attorney, Brandy Peeples, reminded them that they only need to allow a special exemption at this time and do not need to give blanket approval. She pointed out that the Code does allow sororities and fraternities by special exemption and the Town hasn't had any issues regulating them. With provisions in place that require a tenant student to comply with rules regarding trash, parking and noise levels, there should be no concern over not being able to correct any problems. "If there are noise issues, if there are trash issues, those are things that the Town could site the landlord for," she explained. "The landlord could then site breach of lease and you can get those people that aren’t complying out."

Commissioner Amy Pollitt pointed out that, "It sounds really great that we’ll put it back on the owner to make sure that they follow the rules but that’s exactly why we’re here." She reminded the Council that after complaints about parking and excess trash, Ott was warned to correct the violations, or his permits would be revoked. It was also discovered that he had allowed renters to move in prior to obtaining the occupancy permits. He continued renting to students after the warnings were issued and was subsequently sent citations.

Commissioner Jim Hoover suggested that a partnership with the Mount could be beneficial to the Town in enforcing any Code violations. He said in the past if a complaint was received, a deputy and a Mount security guard met at the house and took down the names of the students and enforced the Mount’s Code of Conduct, which impacts the students' academic future. "However, we want to allow [student housing], we need to have a good partnership with our university," said Pollitt. "What part do they play in supporting us because honestly, we’re absorbing the fact that they don't have enough housing."

The Council will have another workshop where a draft of the proposed regulations of the amendment will be reviewed. These regulations will include on-site parking, number of trash receptacles, occupancy limits per bedroom, dwelling unit size standards and requiring a distance between each student-occupied residence so as not to have them directly side by side.

The Council also discussed imposing a Rental Registration Program. Mayor Frank Davis was initially against the Program as he felt it was "the government reaching into people's personal properties too much." After reviewing the document he said, "We have several properties in Town that we get no help with making them safe, cleaning them up and making sure the neighbors are safe. This document will make that happen." Some of the proposed requirements include inspections every three years to make sure the building is up to code and implementing a registration fee. The Council will continue discussing the requirements at the next workshop.