For the purpose of interpreting this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. Terms not defined shall have the meanings ascribed to them in §
165-13 or, if undefined therein, their customary dictionary meaning.
OPERATE or OPERATION
To advertise, offer for rent, let, lease, use, control, manage,
or otherwise operate a short-term rental.
PERSON
A natural person or a firm, association, organization, partnership,
trust, company, corporation, joint venture, or other legal entity.
REVIEWING AUTHORITY
The Director of the City's code enforcement office,
or the Director's designee.
SHORT-TERM RENTAL
The operation of a short-term rental unit for dwelling, sleeping,
or lodging purposes, for a period of less than 30 consecutive days
to the same person or persons, in exchange for direct or indirect
compensation. For purposes of this definition, a "short-term rental
unit" is (i) a one-family dwelling or mobile home; (ii) a dwelling
unit within a two-family dwelling, three-family dwelling, four-family
dwelling, apartment building, multiple- unit housing, attached residential
building, or mixed residential and commercial building; (iii) an accessory
dwelling unit (ADU); or (iv) any one or two bedrooms within any such
short-term rental unit. A short-term rental unit does not include
a lodging house, as that term is defined in 30-A M.R.S.A. § 3801(3);
a boardinghouse, rooming house, or bed-and-breakfast, hotel or inn,
motel, travel trailer, vehicle, tent, lean- to, dormitory, fraternity
house, sorority house, or tourist cabin; or any dwelling unit therein.
Short-term rentals are classified as either hosted short-term rentals
or non-hosted short term rentals, as those terms are defined in this
chapter.
SHORT-TERM RENTAL, HOSTED
A short-term rental where the owner or operator is on the
premises where the short-term rental unit is located during any period
when the short-term rental unit is occupied. For purposes of this
definition, "is on the premises" means is physically present within
(i) a portion of the building within which the short-term rental unit
is located; (ii) a dwelling unit located on the same lot as an accessory
dwelling unit (ADU) if the ADU is the short-term rental unit; or (iii)
an ADU located on the same lot as a dwelling unit if the dwelling
unit is the short-term rental unit.
SHORT-TERM RENTAL, NON-HOSTED
A short-term rental where neither the owner nor the operator
is on the premises where the short-term rental unit is located during
the period when the short-term rental unit is occupied, whether or
not on-site or off-site property management services are provided
for the short-term rental unit. For purposes of this definition, "is
on the premises" has the meaning ascribed to it in the definition
of "short-term rental, hosted."
The reviewing authority may deny any application for a short-term
rental license, renewal, or transfer if the applicant fails to demonstrate
compliance with any provision of this chapter.
Any appeal from a final licensing decision of the reviewing authority or a notice of violation issued pursuant to this chapter may be taken by any aggrieved party to the Board of Appeals pursuant to §
23-3. Further appeals or appeals of a license suspension or revocation by the Board of Appeals made pursuant to this chapter may be taken by any aggrieved party to the Superior Court in accordance with the provisions of Rule 80B of the Maine Rules of Civil Procedure.
A license granted pursuant to this chapter is a revocable license granted to the license holder in lieu of a business license otherwise required pursuant to Chapter
85 of this Code. A license granted pursuant to this chapter expires annually and does not, and shall not be construed to, confer upon the license holder or any other person any property rights or vested interests and entitlements in the continued operation of a short-term rental. A license granted pursuant to this chapter shall not run with the land.