[HISTORY: Adopted by the City Council of the City of Bangor 10-23-2023 by Ord. No. 23-308. Amendments noted where applicable.]
A. 
It is the purpose and intent of this chapter to authorize and require the licensing and inspection of short-term rentals, as defined in § 254-3, in order to:
(1) 
Ensure the safety of the occupants of short-term rental units;
(2) 
Minimize the adverse impacts, including nuisance impacts, of short-term rental uses on surrounding neighborhood; and
(3) 
Provide a licensing program that enables the City to monitor and control short-term rental uses and impacts within its geographic boundary.
B. 
The City recognizes that the operation of short-term rentals and the revenue it can make available to property owners may help make the City affordable for persons on fixed or limited incomes, and may enhance and diversify the accommodations available to visitors and tourists. This chapter attempts to strike a balance between the desire of property owners to use their properties for short-term rental use and the desire of the City to preserve the peaceful and quiet enjoyment of its neighborhoods.
A. 
Applicability. This chapter shall apply to any person intending to operate a short-term rental, as that term is defined in § 254-3.
B. 
Prohibited short-term rentals. Notwithstanding anything to the contrary in this chapter, the following structures and uses shall not be operated as a short-term rental, as that term is defined in § 254-3: travel trailers, vehicles, tents, lean-tos, dormitories, fraternity houses, sorority houses, and other similar group quarters.
C. 
Exempt activities. Notwithstanding anything to the contrary in this chapter, the following structures and uses are exempt from the licensing requirements in § 254-4: Boardinghouses, rooming houses, co-living dormitories, bed-and- breakfasts, hotels or inns, motels, or tourist cabins, as those terms are defined in § 165-13; lodging houses, as that term is defined in 30-A M.R.S.A. § 3801(3); or similar commercial lodging establishments that are subject to the business licensing requirements of Chapter 85 of this Code.
[Amended 9-9-2024 by Ord. No. 24-259]
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.
PRIMARY RESIDENCE
The dwelling in which a person resides as his or her legal residence for more than 1/2 of a year and registers as his or her address for tax and/or government identification purposes.
[Added 3-25-2024 by Ord. No. 24-100]
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, co-living dormitory, 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.
[Amended 9-9-2024 by Ord. No. 24-259]
SHORT-TERM RENTAL, HOSTED
A short-term rental where the premises where the short-term rental unit is located is the primary residence of the owner or operator. For purposes of this definition, "the premises" means (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.
[Amended 3-25-2024 by Ord. No. 24-100]
SHORT-TERM RENTAL, NON-HOSTED
A short-term rental where the premises where the short-term rental unit is located is neither the primary residence of the owner nor the operator, regardless of whether on-site or off-site property management services are provided for the short-term rental unit. For purposes of this definition, "the premises" has the meaning ascribed to it in the definition of "short-term rental, hosted."
[Amended 3-25-2024 by Ord. No. 24-100]
[Amended 3-25-2024 by Ord. No. 24-100; 4-22-2024 by Ord. No. 24-118; 2-9-2026 by Ord. No. 26-073]
A. 
License required. Effective six months from the date of adoption of this chapter, no person shall operate a short-term rental without first obtaining a license pursuant to the requirements of this chapter.
B. 
Licensing procedure. All administrative power and authority vested in the City Council to grant or deny a short-term rental license required by this chapter shall be delegated to the reviewing authority.
(1) 
Application. The owner or operator of a proposed short-term rental shall file a license application with the reviewing authority on forms provided by the office of the reviewing authority. The application shall include, at minimum:
(a) 
Fee. A license fee for any new licenses and renewal licenses is $250 for each proposed short-term rental unit; provided, however, that a license fee for a renewal license that does not require an inspection is $100 for each proposed short-term rental unit. If the reviewing authority determines that more than one inspection is required prior to the issuance of a new license or renewal license, an additional license fee of $100 for each such additional inspection must be paid by the applicant prior to the issuance of the license.
(b) 
Contact information. The name, address, e-mail address, and phone number of the applicant, and, if different than the applicant, the contact information of the owner of the building in which the short-term rental unit is proposed to be located, along with written permission from said owner to operate the short-term rental unit. If the owner or operator is a legal entity other than a natural person, the name of all natural persons who have an ownership interest in the legal entity and the contact information of at least one of the named individuals.
(c) 
Property location and short-term rental details.
[1] 
The location, including the zoning district, street address, and property map and lot number, of the building where the short-term rental unit is proposed to be located.
[2] 
If the building containing the short-term rental unit contains two or more dwelling units, the number of proposed short-term rental units within the building and the total number of dwelling units within the building.
[3] 
Whether the short-term rental is proposed as a hosted or non-hosted short-term rental.
[4] 
For hosted short-term rentals, attestation or documentation demonstrating that the premises where the short-term rental is located is the primary residence of the owner or operator.
[5] 
The name, phone number, and e-mail address of a natural person who is available 24 hours a day, seven days a week, to respond within 60 minutes to any on-site emergency at the premises where the short-term rental unit is located during any period when the short-term rental unit is occupied.
[6] 
For short-term rentals in any three-family dwelling, four-family dwelling, apartment building, multiple-unit housing, attached residential building, or mixed residential and commercial building where all of the dwellings units within the building are under the same ownership or under unified management or control, a written statement from the owner identifying which dwelling units (not to exceed 50%) may be used for short-term rental.
[7] 
For any short-term rental where the operator is a lessee of any part of the property where the rental is located, a lease agreement or other written authorization signed by the landlord must be provided that shows that the dwelling where the short-term rental unit is located is allowed by the owner to be used as a short-term rental.
[8] 
The number of bedrooms within the short-term rental unit.
[9] 
If the building where the short-term rental unit is located contains any other uses besides residential, a list of the types and uses contained in the building (e.g., restaurant, retail).
(d) 
Proof of insurance. A certificate of insurance that expressly states that the building and property may be used for short-term rental purposes and evidencing property insurance and general liability insurance in a sufficient amount to cover liabilities reasonably arising from short-term rental use.
(2) 
Reserved.
(3) 
Completeness review. The reviewing authority shall review all license applications for completeness in the order that they are received. If an application is incomplete, the reviewing authority shall return the application to the applicant and explain the reason for the rejection in writing.
(4) 
Limitations on certain short-term rentals.
(a) 
Cap on total number of non-hosted short-term rentals. The number of units licensed for non-hosted short-term rentals shall be limited to 1% of the total number of dwelling units existing in the City of Bangor as of April 1 of each year, as determined by the City Assessor, in the City Assessor's sole discretion.
[1] 
The reviewing authority shall review all complete license applications for non-hosted short-term rentals on a first-come-first-served basis and shall issue licenses for those applications that comply with the requirements of this chapter until the maximum number of short-term rental units for the year from May 31 to May 31 of the next year are licensed.
[2] 
If at any time a non-hosted short-term rental license expires without renewal, is suspended or revoked, or is terminated or abandoned by the license holder, the cap on the total number of non-hosted short-term rentals set forth in § 254-4B(4)(a) shall remain unchanged.
(b) 
Unit cap on multiunit short-term rentals. In any three-family dwelling, four-family dwelling, apartment building, multiple-unit housing, attached residential building, or mixed residential and commercial building proposed to be used for hosted or non-hosted short-term rental where all of the dwelling units within the building are under the same ownership or under unified management or control, the number of short-term rental units in the building shall not exceed 50% of the total number of dwelling units within such building. The owner or operator of the building shall designate which dwelling units within the building may be used for short-term rental. For purposes of this provision, "unified management or control" means a plan or process of ownership, management, or operation that exhibits characteristics of a unified management approach, including without limitation (i) unified management, control, or supervision; (ii) sharing common equipment, labor, services, or amenities; or (iii) common financing.
(c) 
Limitation on number of short-term rental units per person. A person may not hold a license to operate more than five short-term rental units in the City in any year from May 31 to May 31 of the next year. For the purposes of this provision, a "person" includes any entity or entities under the same ownership or under unified management or control, as defined in § 254-4B, above.
(d) 
Cap on number of short-term rentals in tiny home parks and manufactured home parks. In tiny home parks and manufactured home parks where all homes are under the same ownership, the number of short-term rentals in the park shall not exceed 30% of the total number of homes in the park, or five homes, whichever is less.
(5) 
Inspection.
(a) 
The reviewing authority shall conduct an inspection to determine whether the short-term rental unit and the building where it is located comply with applicable fire and life safety requirements, including but not limited to the following:
[1] 
Address. A building containing a short-term rental unit must have approved, contrasting address numbers placed in a location that is visible from the street.
[2] 
Storage and trash.
[a] 
Stairs hallways and entryways must be clear of any trash or personal belongings.
[b] 
Combustible and flammable liquids and gases are not allowed inside the building or short-term rental unit unless they are in listed lockers.
[c] 
There must be a container outside of the building for accumulated trash.
[3] 
Exits.
[a] 
The building must have two well-lit exits.
[b] 
Exits must not be blocked by snow, personal belongings, or in any other fashion.
[c] 
Fire escapes, if any, must be in good condition and not blocked.
[d] 
The building must comply with applicable fire and life safety codes.
[4] 
Electrical.
[a] 
Extension cords are not allowed, except for temporary use (e.g., cleaning, construction).
[b] 
Electrical panels must be easily accessed and covered, and fuses/circuits labeled and of the proper type.
[c] 
Electrical receptacle boxes must have cover plates.
[5] 
Heating equipment. Heating equipment must be in good working order with no fuel leaks (this includes oil tanks), properly vented and, in the case of an oil furnace/boiler, have an emergency shut-off switch.
[6] 
Fire safety.
[a] 
For short-term rental units located in apartment buildings, each apartment unit door must be labeled with a uniquely identifying number (e.g., Apartment 1, Apartment 2).
[b] 
Electric-powered smoke alarms must be installed inside each bedroom, in the room outside of the bedrooms, and on each level of the building (if applicable). Smoke alarms should be replaced every 10 years.
[c] 
At least one carbon monoxide detector (electric powered with battery back-up) must be in the building, located outside of the bedrooms.
[d] 
No gasoline or other flammable liquids and gases shall be stored in the apartment building.
[7] 
Space heaters prohibited. Electric space heaters in any building containing a short-term rental unit shall comply with applicable UL standards.
(b) 
The reviewing authority shall document the results of the inspection and shall inform the applicant in writing if the proposed short-term rental unit or the building in which it is located has failed the inspection.
(6) 
License. Upon a determination by the reviewing authority that a proposed short-term rental unit and the building in which it is located (i) are permitted uses in the zoning district where they are located; (ii) comply with the basic fire and life safety requirements set forth in § 254-4B(5); and (iii) comply with the limitations on certain short-term rentals set forth in § 254-4B(4), the reviewing authority shall issue a short-term rental license containing a unique license number to the applicant.
C. 
License expiration; renewal; transferability.
(1) 
Expiration. All short-term rental licenses shall expire on May 31, unless revoked or suspended prior to expiration in accordance with § 254-6, or unless renewed prior to expiration according to the provisions of § 254-4C(2) below. Any license holder who fails to obtain a renewal license prior to the expiration of the license must file a new license application in accordance with the procedure set forth in § 254-4B, and may not operate the short-term rental until the reviewing authority issues the new short-term rental license. The new license application shall be subject to any applicable limitations set forth in § 254-4B(4).
(2) 
Renewal. Each license holder shall annually submit a license renewal application with the reviewing authority at least 30 days before the expiration of the prior year's license on forms provided by the office of the reviewing authority.
(a) 
Renewal application. The renewal application shall include, at minimum:
[1] 
A fee as provided in § 254-4B(1)(a).
[2] 
Updates to the information submitted on the original license application, or a statement that the information remains accurate.
[3] 
Proof of insurance as provided in § 254-4B(1)(d).
(b) 
Completeness review. The reviewing authority shall review all license renewal applications for completeness in the order that they are received. If an application is incomplete, the reviewing authority shall return the application to the license holder and explain the reason for the rejection in writing.
(c) 
Inspection. As part of the review of a renewal application, the reviewing authority shall reinspect the short-term rental unit and the building where it is located pursuant to § 254-4B(5) every three years. Nothing herein prohibits the City from inspecting a short-term rental unit at any time pursuant to its authority under § 254-6.
(d) 
Renewal license. Upon a determination by the reviewing authority that the short-term rental has passed inspection, as applicable, and otherwise complies with the requirements of this chapter, the reviewing authority shall issue a renewal of the short-term rental license to the license holder. A license renewal, when granted, shall be valid immediately following the issuance of a renewal.
(3) 
Transferability. Short-term rental licenses and license numbers issued under this chapter are not transferable to any new owner or operator of a short-term rental, nor shall short-term rental licenses or license numbers be transferable to another location. If a short-term rental is acquired, transferred, or purchased by a new owner or operator, the new owner or operator must file a license transfer application in accordance with the procedure set forth in § 254-4B for new license applications, and may not operate the short-term rental until the reviewing authority issues a short-term rental license to the new owner or operator.
D. 
Duty to update. It is the responsibility of the license holder to submit updated information to the reviewing authority at any time that any of the information submitted as part of a license application changes.
E. 
Posting required. Upon the issuance of a short-term rental license number, the license holder shall post and maintain at each short-term rental unit, in plain sight to occupants, a notice containing the following information:
(1) 
The license number.
(2) 
The E-911 address of the premises where the short-term rental unit is located.
(3) 
The name, phone number, and e-mail address of the license holder.
(4) 
The name, phone number, and e-mail address of a natural person who is available 24 hours a day, seven days a week, to respond within 60 minutes to any on-site emergency at the premises where the short-term rental unit is located during any period when the short-term rental unit is occupied.
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.
A. 
Violations. Violations of this chapter include, but are not limited to, the following:
(1) 
Operating a short-term rental without a valid short-term rental license.
(2) 
Operating a short-term rental after the short-term rental license has expired or after a license holder has failed to submit a timely renewal or transfer application.
(3) 
Failure of an owner or operator of a short-term rental to have available, 24 hours a day, seven days a week, a person to respond to on-site emergencies at the short-term rental.
[Amended 4-22-2024 by Ord. No. 24-118]
(4) 
Providing materially incomplete or false information, including misrepresentations and omissions, in a short-term rental license, renewal, or transfer application.
(5) 
Failure, without good cause, to respond within 48 hours to inquiries made by the reviewing authority related to the operation or licensing of a short-term rental.
(6) 
Operating a short-term rental in a manner that endangers or is reasonably likely to endanger the public health, safety, or welfare.
B. 
Investigations. The Director of the City's code enforcement office, or the Director's designee, (collectively, the "Code Enforcement Officer") is responsible for conducting site and building inspections to ensure compliance with this chapter at any time as necessary or appropriate, and shall investigate all complaints of alleged violations of this chapter.
C. 
Notices of violation; petitions; judicial action.
(1) 
Notice of violation. If the Code Enforcement Officer, after investigation, determines that a person is in violation of any provision of this chapter, the Code Enforcement Officer shall issue a notice of violation to the owner or operator of the short-term rental. The notice of violation must state the nature of the violation, the manner and time by which the owner or operator must abate such violation, and the owner or operator's right of appeal.
(2) 
Petition to suspend or revoke license. If a person fails to abate or remedy any violation in the time and manner described in the notice of violation or if the Code Enforcement Officer determines that a violation endangers or is reasonably likely to endanger the public health, safety, or welfare, the Code Enforcement Officer shall petition the Board of Appeals to revoke or suspend the owner's or operator's short-term rental license.
(3) 
Judicial action. Notwithstanding the Code Enforcement Officer's right to petition the Board of Appeals pursuant to § 254-6C(2), the Code Enforcement Officer may at any time institute, in the name of the City, any judicial action or proceeding, including seeking injunctions, temporary restraining orders, and the imposition of fines, including attorney's fees, that the Code Enforcement Officer determines is appropriate or necessary to prevent, correct, restrain, or abate any violation of this chapter that endangers or is reasonably likely to endanger the public health, safety, or welfare.
(4) 
Penalties. Unless otherwise provided by ordinance or statute, a violation of this chapter is a civil violation punishable by a fine of not less than $100 nor more than $2,500 for each offense. Each act of violation and every day upon which any such violation continues constitutes a separate offense. All fines shall inure to the benefit of the City.
D. 
Authority to suspend or revoke license. The Board of Appeals may revoke or suspend a short-term rental license at any time upon petition by the Code Enforcement Office pursuant to § 254-6C(2) if, after notice and a public hearing, the Board of Appeals determines that a license holder has violated this chapter or any other law, ordinance, regulation, license, or permit condition applicable to operating a short-term rental in a manner that endangers or is reasonably likely to endanger the public health, safety, or welfare, including without limitation if the short-term rental unit or the premises where the a short-term rental unit is located is classified as a disruptive property, as defined in § 99-4, in accordance with § 99-8.
E. 
Notice of hearing; right of license holder to be heard. Prior to ordering the suspension or revocation of a short-term rental license, the Board of Appeals shall provide the license holder, at least seven days prior to the hearing date, notice of the time and place of the hearing at which the license suspension or revocation will be considered. At the hearing, the license holder shall be given an opportunity to hear the evidence in support of the charges against the license holder and to be heard in the license holder's own defense.
F. 
Term of suspension; new license required. The Board of Appeals may suspend a short-term license for any period of time that it determines is necessary or appropriate. When cause for a suspension has been removed or corrected and after a suspension term has expired, the holder of a suspended license must apply for and receive a new license in accordance with § 254-4B in order to operate the short-term rental.
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.