[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, 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.
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.
To advertise, offer for rent, let, lease, use, control, manage,
or otherwise operate a short-term rental.
A natural person or a firm, association, organization, partnership,
trust, company, corporation, joint venture, or other legal entity.
The Director of the City's code enforcement office,
or the Director's designee.
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.
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.
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."
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 is a legal entity other than a natural person, the name
of all natural persons who have an ownership interest in the legal
entity that is listed as the record owner of the property 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 and street address,
of the building where the short-term rental unit is proposed to be
located.
[2]
The number of proposed short-term rental 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 owner or operator will be on the premises where
the short-term rental unit is located during any period when the short-term
rental unit is occupied.
[5]
For non-hosted short-term rentals, 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.
(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 January 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-serve 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 calendar 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 calendar 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.
(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.
[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 non-hosted short-term rental licenses shall expire on December 31 and all other short-term rental licenses required by this chapter shall expire one year from the date when the license number was issued by the reviewing authority, unless revoked or suspended prior to expiration in accordance with § 254-6.
(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. A license holder
who fails to obtain a renewal license prior to the expiration of the
license must cease operating the short-term rental until a renewal
license is issued.
(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)
For non-hosted short-term rentals, 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 non-hosted 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.
(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.
