[HISTORY: Adopted by the Annual Town Meeting of the Town of Newbury 4-29-2025 by Art. 17. Amendments noted where applicable.]
A. 
Pursuant to the authority of G.L. c. 64G, the Town of Newbury establishes this Bylaw to balance private, neighborhood, and municipal interests. This Bylaw is intended to:
(1) 
Provide a process through which certain dwelling units and bedrooms within dwelling units may be registered with the Town of Newbury for use as "Short-Term Rentals"
(2) 
Comply with § R110-7 of the Massachusetts Building Code and 780 Code of Massachusetts Regulations.
(3) 
Provide health and safety standards for Short-Term Rentals
(4) 
Provide for the orderly operation of Short-Term Rentals within the Town's residential neighborhoods, and
(5) 
Minimize potential public safety and health risks.
The following definitions shall apply in the interpretation and implementation of this Bylaw.
A. 
DWELLING
Any building or area in a building used or intended for use for human habitation, including, but not limited to, apartments, condominiums, cottages, guesthouses, one-, two- or multiple-unit residential buildings/dwellings, except those licensed under any state or local laws or regulations other than those licensed under this chapter, (e.g., See definition of SHORT-TERM RENTAL in this section).
B. 
OCCUPANCY
The use or possession of or the right to use or possess a Short-Term Rental.
C. 
OCCUPANT (GUEST)
Any individual, of any age, residing overnight in a Short-Term Rental.
D. 
OPERATOR (HOST)
Any person or other legal entity operating a Short-Term Rental. It is the intent of this Bylaw that the operator shall have the same meaning as set forth in General Laws c. 64G, § 1.
E. 
OWNER
Any person who alone or severally with others has legal or equitable title or a beneficial interest in any Dwelling unit; a mortgagee in possession; or agent, trustee or other person appointed by the courts.
F. 
SHORT-TERM RENTAL
A Dwelling unit or portion thereof which is not a transient residential facility, where: (i) at least one room or Dwelling unit is rented to an Occupant or sub-Occupant; and (ii) all accommodation is reserved in advance. Rental periods with a change in Occupancy in excess of 31 calendar days shall not be considered a Short-Term Rental. The rental of property for a total of 14 days or less in any calendar year shall not be considered a Short-Term Rental. This definition excludes: hotels licensed under G.L. c. 140, § 6; motels licensed under G.L. c. 140, § 32B; lodging establishments licensed under G.L. c. 140, § 23.
A. 
No Dwelling or bedroom within a Dwelling may be used as a Short-Term Rental unless licensed by the Town of Newbury. Licenses issued under this Bylaw shall be reviewed and renewed on an annual basis.
A. 
The Select Board may adopt reasonable rules and regulations related to the issuance of such licenses, including the conditions to be satisfied by any applicant for such a license.
A. 
The Select Board from time to time may adopt reasonable fees for application and issuance of licenses under this Bylaw.
A. 
The Town of Newbury Building Inspector or any other Town entity designated by the Select Board may enforce provisions of this Bylaw and any regulations promulgated under this Bylaw.
B. 
Violations of this Bylaw and violations of any regulations promulgated under this Bylaw shall be enforced pursuant to G.L. c. 40, § 21D (Non-Criminal Disposition).
C. 
The fine for violation of this bylaw shall be three hundred dollars ($300.00) for each offense. Each day that a violation continues shall constitute a separate offense.