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Town of Kittery, ME
York County
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Table of Contents
Table of Contents
Code
New Laws (7) Index
[HISTORY: Adopted by the Town of Kittery 7-27-2020 by Ord. No. 20-05. Amendments noted where applicable.]
The use and intent of these regulations is to ensure that any home-based short-term rental business operates in a manner that respects the neighborhood in which it is situated. The regulations allow short term rental operations in residential dwelling units with the intent of protecting the quality of life of the surrounding residential neighborhood from unreasonable or unsafe intrusions and nuisances inappropriate to a residential setting.
As used in this chapter, the following terms shall have the meanings indicated:
OWNER
A person who is the owner of record of real property as documented by deed or other document evidencing ownership recorded at the York County Registry of Deeds.
OWNER-OCCUPIED
The owner is domiciled at the property for no less than 183 days in a tax year, as documented by a State of Maine income tax return or other document evidencing owner occupancy. For the purpose of this title, the designation of owner-occupied may apply to the unit in which the owner is domiciled and up to one additional unit on the same property.
[Amended 1-25-2022]
SEASONAL DWELLING
A building that is not occupied more than 180 days within any calendar year, and meets the minimum requirements of the Maine Uniform Building and Energy Code (MUBEC).
[Added 1-25-2022]
SHORT-TERM RENTAL
The use, control, management or operation of a dwelling unit or accessory dwelling unit, in whole or in part for dwelling, sleeping or lodging purposes for periods of fewer than 30 consecutive days; for compensation, directly or indirectly.
A. 
This chapter applies to any residential dwelling unit, room within a dwelling unit, or accessory dwelling unit that is rented, in whole or in part, for a period of less than 30 consecutive days, for compensation, directly or indirectly.
B. 
Exclusions. Excluded from this chapter are:
(1) 
Dwelling units used, in whole or in part, for dwelling, sleeping or lodging purposes for periods 30 consecutive days or more.
(2) 
Lodging establishments such as hotels, motels, bed and breakfasts, inns, boarding or rooming houses, or temporary housing.
C. 
Nothing contained in this chapter supersedes any condominium, homeowner, or restrictive deed covenants that apply to the dwelling unit.
A. 
No person may advertise or operate a short-term rental unit without a license issued by the Code Enforcement Officer.
[Amended 1-25-2022]
B. 
Nonrefundable fees for the license are set forth in Appendix A.
C. 
Short-term rental licenses must be renewed on an annual basis. Each license issued under this chapter expires one year from issuance.
D. 
Each licensee will receive a certificate issued by the Code Enforcement Officer stating the license number, valid license period, occupancy limit for the unit, the name and emergency contact information of the operator of the short-term rental unit, and the name and contact information of the property owner if different than the operator.
E. 
A license is not transferrable to any other person, or from location to location, and is valid only at the location and for the person designated. Any change in ownership of the dwelling unit will require a new license.
[Amended 1-25-2022]
A. 
A building or structure may have no more than two licensed short-term rental units in it at any given time.
B. 
There is to be no cap on the number of short-term rental licenses issued to owner-occupied units and seasonal dwellings as defined by this title.
C. 
There is to be a cap on the number of short-term rental licenses issued to all other types of units as follows:
(1) 
The baseline number of licenses available will be equal to the total number of valid non-owner-occupied licenses issued as of January 24, 2023, inclusive of valid applications on the waiting list as of this date.
(2) 
The number of licenses issued in each subsequent calendar year may not exceed the total number of valid non-owner-occupied licenses as of December 31 of the preceding year plus 10%, rounded down.
D. 
If a license is cancelled by the license holder or denied or revoked in accordance with § 5.12.8, it will become an available license for issuance in the calendar year it is cancelled, denied or revoked.
E. 
Owners will have the right to renew their license each year, unless the license is otherwise denied, revoked or suspended in accordance with § 5.12.8.
F. 
The Kittery Town Council will receive a report from the Town Manager, biennially, regarding the total number of licenses issued and the status of compliance.
A. 
Owner: Only the owner of the property can apply for the dwelling unit to be used for short-term rental.
B. 
Occupancy limits.
(1) 
No more than one short-term rental contract is allowed per dwelling unit at any one time.
(2) 
No more than two adults per bedroom are allowed, unless otherwise approved by the Code Enforcement Officer and the Fire Chief or their respective designees. Increased occupancy limits may be granted upon application to the Code Enforcement Officer and inspection of the dwelling unit.
C. 
Property taxes current. No property may be licensed for short-term rental if the property is subject to an existing foreclosure or lien from the Town for non-payment of taxes.
D. 
Emergency contact. The owner must provide emergency contact information or identify a person who will serve as the agent or representative for emergency contact purposes. Multiple emergency contact people may be identified. One of the emergency contact people must be able to respond within 60 minutes or less to complaints regarding the condition, safety or operation of the dwelling unit as a short-term rental, or the conduct of guests, and take remedial action to resolve such complaints. The owner must notify the Town and provide updated contact information if a contact person or information changes.
E. 
License number. Licenses will be issued with a unique license number. The license number must be displayed within the dwelling unit and in all advertising for the short-term rental of the dwelling unit.
F. 
Parking.
(1) 
The owner must provide sufficient on-site parking to serve the residential dwelling unit(s) and the short-term rental unit(s) on the property. The total number of on-site parking spaces will be the calculated as the number of spaces required for the dwelling unit per § 16.8.9.4 plus one parking space for each short-term rental unit on the property. Tandem parking is permitted.
(2) 
Required on-site parking may be satisfied at off-site locations, provided such parking is on other property owned by the applicant or is under the terms of a contractual agreement that will ensure such parking remains available for the uses served. Applicant must present evidence of a parking location and a contractual agreement indicating the availability of the parking to the Code Enforcement Officer for review and approval prior to issuance of a license.
Complaints of criminal or ordinance violations associated with the operation of short-term rentals brought to the attention of the Code Enforcement Officer or Police Department will be logged and investigated.
A. 
Denial. The Code Enforcement Officer may deny a license or license renewal upon failure of the applicant to meet all of the requirements of this chapter, or for three or more substantiated criminal or ordinance violations associated with the property within the prior 12 months.
B. 
Suspension or revocation. The Code Enforcement Officer may suspend or revoke a license for violation of any provisions of this Chapter, or for three or more substantiated criminal or ordinance violations associated with the property within a twelve-month period.
(1) 
A license may be suspended for no longer than six months, during which time the dwelling unit may not be used as a short-term rental.
(2) 
A license may be revoked and cannot be reissued for 12 months. The Code Enforcement Officer may authorize the reissuance of a license if they find sufficient corrective action has been taken to prevent violations in the future.
A Code Enforcement Officer decision on denial, suspension, or revocation of a license may be appealed to the Board of Appeals as provided in § 16.6.4A.
[Amended 1-25-2022]
A. 
Any violation of this chapter will be assessed a penalty of $500. Each day any violation of this chapter continues constitutes a separate offense.