The rental of residential premises to short-term paying guests is allowed in residential premises pursuant to being licensed in accordance with this by-law and consistent with the Town's Code of By-laws and the Zoning By-laws. "Short-term paying guests" are those who are staying in a dwelling unit for less than seven consecutive nights. The Select Board may allow short-term paying guests, provided suitable accommodations exist as determined by the Select Board in accordance with this by-law.
[Adopted by the Town Meeting of the Town of Rockport 4-5-2025 ATM by Art. G. Amendments noted where applicable.]
A.
License. Every owner of residential premises who offers rentals to short-term paying guests must first obtain a license to do so from the Select Board. Licenses are valid for a calendar year and must be renewed annually. Application for a license can be made at any time, but the license shall expire December 31 of the subject year.
B.
Applications. Application shall be made on a form promulgated by the Select Board and shall contain sufficient information to determine the scope of the proposed short-term rental operation, including, but not limited to, location, number of rooms to be rented and whether meals prepared at the house will be served. By completing the application form, applicants shall be confirming the following:
(1)
The property complies with applicable Board of Health regulations and Fire Department safety measures and that the property shall be made available for inspections by the Health, Fire, and Inspectional Services Departments at intervals determined by the Select Board through regulations.
(2)
Name of a local authorized agent who can act on behalf of the owner in the absence of the owner in the case of problems, violations, or emergencies should they arise while the owner is not present. A name, address, functioning phone number, and email address shall be required.
(3)
Agreement to maintain a guest registry showing the name of each guest and the night(s) of their stay. The registry shall be made available for review at any time at the request of the enforcement agent and/or Select Board.
C.
Application fee. The Select Board shall annually determine the license fee. Further, once the fee is determined, the Select Board shall determine which percentage of the license fee shall be deposited into the Affordable Housing Trust Fund.
D.
Compliance with applicable laws and regulations. A license issued under this by-law shall not be deemed to supersede the application of any other lawful requirements applicable to the use authorized therein, including the necessity of obtaining other licenses or permits.
E.
Regulations. Owners shall be required to adhere to regulations for the short-term rental of homes that the Select Board shall promulgate from time to time.
A.
Enforcing agent. The Select Board may designate such Town officials as it deems appropriate to carry out the enforcement duties under this by-law. The Town Administrator shall supervise enforcement actions.
B.
First notice of violation. If the enforcement agent, as designated by the Select Board, concludes that there has been a violation of this by-law or of the conditions of any license issued hereunder, the agent shall send notice ordering cessation of the improper activities to the license holder, by registered mail to the address stated on the initial application.
C.
Enforcement pursuant to Chapter 1, Article III, of the Code of By-laws. If a license holder persists in such violation, the enforcement agent may seek enforcement of this by-law and the penalty for violations of this by-law shall be as promulgated in Chapter 1, Article III, of the Code of By-laws for each day an offense occurs. Fines shall continue to accrue throughout all subsequent enforcement phases until such time as violations cease or the license is revoked, whichever is later.
D.
Enforcement show cause hearing. In the event that a license holder persists in such violations, the Board may notify the license holder by mail, as above, of a hearing to be held not less than four days thereafter to show cause why said license should not be revoked, and following said hearing may, in its discretion, modify, revoke or amend the license.
E.
Other hearings. Upon petition of the property owner and/or license holder, abutters, or upon its own initiative, the Select Board may hold a hearing to determine whether or not the terms of this by-law, any other applicable state, federal or local law, or the license itself are being complied with and/or whether or not activities conducted pursuant to a license issued under this by-law constitute a nuisance or adversely impact the public health, safety, or welfare.
F.
Remedies. The Select Board may, after hearing, mandate licensure or modify, revoke or suspend a license issued hereunder. In addition, should the Select Board, after conducting a hearing, determine that a violation has occurred, it may direct the enforcement agent to seek enforcement of this by-law as set forth in the above subsections.
This by-law shall go into effect January 1, 2026, or upon approval of the by-law by the Attorney General's Office, whichever is later.