[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:
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.
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]
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]
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:
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.
