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Home My WebLink About2024-04-08 24-118 ORDINANCE24-118 04/08/2024 CITY COUNCIL ACTION Council Meeting Date: April 8, 2024 Item No: 24-118 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending the Code of the City of Bangor, by Updating the Expiration Process for Short -Term Rental Licenses and Adding Required Details for Short -Term Rental License Applications. Summary The proposed changes would update the City's Code of Ordinances to change the expiration date for all short- term rental licenses from December 31st to May 31st. Currently, the Code sets the expiration date for non - hosted rentals to December 311t and for hosted rentals to a year from when the license was issued. Updating the expiration date for all licenses to one date will provide consistency and clarity for applicants. Additionally, setting the date to May 31st will allow time to calculate the new annual city-wide cap on non -hosted rentals based on April 1st tax data. The ordinance update also changes the process for expiration so that any license that expires without renewal is treated as a new license, and it adds additional details necessary for license applications, such as the number of bedrooms located within a short-term rental unit. Committee Action Committee: Planning Board Action: Staff Comments & Approvals City Manager Introduced for: First Reading and Referral Meeting Date: April 16, 2024 For: City Solicitor Against: Finance Director 24-118 04/08/2024 CITY COUNCIL ORDINANCE Date: April 8, 2024 Assigned to Councilor: Schaefer ORDINANCE, Amending the Code of the City of Bangor by Updating the Expiration Process for Short -Term Rental Licenses and Adding Required Details for Short -Term Rental License Applications. WHEREAS, the proposed amendments would update the City's Code of Ordinances to change the expiration date for all short-term rental licenses from December 31s' to May 3181, change the process for expired licenses, and require additional details for license applications; WHEREAS, currently, the Code sets the expiration date for non -hosted rentals to December 31st and for hosted rentals to a year from when the license was issued; WHEREAS, updating the expiration date for all licenses to one date will provide consistency and clarity for applicants and setting the date to May 31st will allow time to calculate the new annual city-wide cap on non - hosted rentals based on April 1st tax data; WHEREAS, additional details about short-term rental units are needed for issuing licenses; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT The Code of the City of Bangor is amended as follows: § 254-4 Licensing. (1) Application. The owner or operator of a proposed short-term rental shall file a license applicaticm with the reviewing authority on forms provided by the office of the reviewing authority. T application shall include, at minimum: I (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 ol)erator 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 us listed as the FeeeFd akymeF of the pFapeFty and tWe co-ttact i-eformatio-t of at least ote of tWe -tamed itclividuals. (c) Property location and short-term rental details [1] The location, including the zoning clistrict,street address, and propeLbZ m 24-118 04/08/2024 and lot number, of the building where the short-term rental unit is proposed to located. I [2] If the building containing the short-term rental unit contains 2 or more dwelling units, Tthe number of proposed short-term rental units within the building and the total number of dwelling units within the building. [5] Per nen hested shert term rentals, tThe 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. 110111119TI Me I - NO OT TIM M I W. M IMOSEW a M [9] If the building where the short-term rental unit is located contains any other uses besides residential, a list of the types of uses contained in the building (e.g. restaurant, retain. (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 lanuary Aprd 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 ealendar year from May 31 to May 31 of the next year -are licensed. (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 EalendaF year from May 31 to May 31 of the next yea . 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. C. License expiration; renewal; transferability. INDIMMM. M.N. MU Mamlmnv= Map 24-118 04/08/2024 IM11011. 1 11 1�!1�111;�Ipi�l! F111101it IMLSITAMMWAINKFAI XMIM-40214114M issues the new short-term rental license. The new license aimlication shall be subiect--to anv 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. (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. t] +41 1 E. Posting required. Upon the issuance of a short-term rental license number, the license holder shall posil and maintain at each short-term rental unit, in plain sight to occupants, a notice containing the following information: (4) For nen hested shert terng rentals, tThe name, phone number, and e-mail address of a natur person who is available 24 hours a day, seven days a week, to respond within 60 minutes to a on -site emergency at the premises where the short-term rental unit is located during any peri when the short-term rental unit is occupied. I § 254-6 Investigations;- violations-m. license suspension or revocation. L' A. Violations. Violations of this chapter include, but are not limited to, the following: IN- ON RON- I =0 Additions underlined, deletions stFuel( thFeugh. IN CITY COUNCIL APRIL 8, 2024 COrd 24-118 First Reading and Referral to Planning Board meeting on April 16, 2024 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL APRIL 22, 2024 COrd 24-118 Motion made and seconded for Passage Vote: 9 —0 Councilors Voting Yes: Deane, Fish, Fournier, Hawes, Leonard, Schaefer, Tremble, Yacoubagha, Pelletier Councilors Voting No: None Passed ��.�` � M,�� w�� s� CITY CLERK ECONOMICCOMMUNITY &_ DEVELOPMENT 1, CITY OF BANGOR. PLANNINGr DIVISION Memorandum To: Honorable Bangor City Council Debbie Laurie, City Manager From: Anja Collette, Planning Officer Date: April 17, 2024 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation April 16, 2024 Amending the Code of the City of Bangor, by Updating the Expiration Process for Short -Term Rental Licenses and Adding Required Details for Short -Term Rental License Applications Please accept this memorandum as the recommendation from the Planning Board for the noted item. The Planning Board considered this item in a noticed public hearing on April 16, 2024. The meeting was conducted in the Council Chambers at City Hall and on Zoom. Members in attendance in the Chambers were Chair Reese Perkins, Vice Chair Ted Brush, Members Don Meagher, Josh Saucier, Trish Hayes, and Mike Bazinet, and Alternate Member Janet Jonas. Planning Officer Collette reviewed the proposed changes to the short-term rental ordinance. From the staff memo: A. The proposed changes would update the City's Code of Ordinances to change the expiration date for all short-term rental licenses from December 31st to May 31st Currently, the Code sets the expiration date for non -hosted rentals to December 31st and for hosted rentals to a year from when the license was issued. Updating the expiration date for all licenses to one date will provide consistency and clarity for applicants. Additionally, setting the date to May 31st will allow time to calculate the new annual city- wide cap on non -hosted rentals based on April 1st tax data. B. The ordinance update also changes the process for expiration so that any license that expires without renewal is treated as a new license, and it adds additional details necessary for license applications, such as the number of bedrooms located within a short-term rental unit. It also requires a 24-hour emergency contact for all short-term rentals rather than just non -hosted rentals. Member Bazinet asked for clarification on the city-wide cap, which Planning Officer Collette provided. Chair Perkins expressed some concern on having all of the licenses being renewed on one date versus being staggered, as far as creating congestion in the licensing process. Collette stated that 73 HARLOW STREET, BANGOR, ME 04401 TELEPHONE: (207) 992-42SO FAX: (207) 945-4447 VVvVW.BANGORMAINE.GOV CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL 4.16.2024 City of Bangor Code Amendment — Short -Term Rental Licensing Requirements only requiring inspections every 3 years should help with that and that the monitoring so far indicated that there would not be an inordinately large number of rentals. Collette also stated that the software also places a limitation on this as it requires one date to be chosen for expiration. Chair Perkins also asked for clarification on the terminology of "natural person". Collette stated the ordinance differentiates between legal entities and actual people, the purpose being to prevent LLC's and similar entities from evading some of the regulations. Member Bazinet asked if there were concerns with the licensing platform crashing if everyone goes to apply at once. Collette stated that she did not anticipate this being a concern given the estimated number of rentals currently operating in the City. There were no public comments. Vice Chair Brush moved to recommend to City Council that the proposed amendments ought to pass. Member Bazinet seconded the motion. The motion passed 7.0 with all members voting in favor. The result of the vote is that a majority of Planning Board members voted to recommend that the proposed amendments ought to pass. Anja Collette Page 212