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Home My WebLink About2024-08-26 24-259 Ordinance24-259 08/22/2024 CITY COUNCIL ACTION Council Meeting Date: August 26, 2024 Item No: 24-259 Responsible Dept: Planning Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending the Code of the City of Bangor, by Changing the Licensing Requirements for Co -living Dormitories Summary The proposed changes would update the City's Code of Ordinances to exempt co -living dormitories from the City's short-term rental requirements and would change the licensing requirements from a combination of short-term rental and business licensing to only innkeeper's licensing. Due to the limits outlined in the short-term rental ordinance, in order to receive a short-term rental license, a large co -living facility would be capped at five (5) rooms being available for short-term stays, even if 25% of the overall units would be more than five (5) rooms. Requiring an innkeepers' license for a co -living dormitory would ensure the cap of 25% of the rooms being used for short-term rentals is maintained and would help reduce confusion related to the process for developers and City staff. It would also ensure that this unique use is able to function as the original ordinance intended. Committee Action Committee: Planning Board Action Staff Comments & Approvals Meeting Date: September 3, 2024 For: 1 City Manager City Solicitor Introduced for: First Reading and Referral Against: H ance Director 24-259 08/22/2024 CITY COUNCIL ORDINANCE Date: August 26, 2024 Assigned to Councilor: Schaefer ORDINANCE, Amending the Code of the City of Bangor by Changing the Licensing Requirements for Co -living Dormitories WHEREAS, the proposed changes would update the City's Code of Ordinances to exempt co -living dormitories from the City's short-term rental requirements and would change the licensing requirements from a combination of short-term rental and business licensing to only innkeeper's licensing; WHEREAS, due to the caps outlined in the short-term rental ordinance, in order to receive short-term rental licensing, a large co -living facility would be capped at five (5) rooms being available for short-term stays even if 25% of the overall units would be more than five (5) rooms; WHEREAS, requiring an innkeepers' license for a co -living dormitory would ensure the cap for this particular use of 25% of the rooms being used for short-term rentals is maintained and would help reduce confusion process for developers and City staff; WHEREAS, this change would ensure that this unique use is able to function as the original ordinance intended; 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: § 165-90 Multifamily & Service District (M&SD). D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (7) Co -living dormitory, provided that: (a) The facility is located within 1/2 mile walking distance of a public transit route at the time of approval by the Planning Board. 24-259 08/22/2024 § 165-91 Neighborhood Service District (NSD). C. Permitted uses. The following uses are permitted in this district: (14) Co -living dormitory, provided that: (a) The facility is located within 1/2 mile walking distance of a public transit route at the time of approval by the Planning Board. so MIN WMI NO rJ5 14) Accessory uses on the same lot that are customarily incidental to and subordinate to the above § 165-93 Downtown Development District (DDD). D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (6) Co -living dormitory, provided that: (a) The facility is located within 1/2 mile walking distance of a public transit route at the time of approval by the Planning Board. RIM § 165-94 Waterfront Development District (WDD). D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (5) Co -living dormitory, provided that: (a) The facility is located within 1/2 mile walking distance of a public transit route at the time of approval by the Planning Board. 24-259 08/22/2024 § 165-100 High -Density Residential District (HDR). D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (10) Co -living dormitory, provided that: (a) The facility is located within 1/2 mile walking distance of a public transit route at the time of approval by the Planning Board. - - • - - - • - • • • • • • - • - -G�►77 F[7'ril�_ITETT_-i-M-NOJTEMME7f - - - IN WMI § 165-101 Shopping and Personal Service District (S&PS). C. Permitted uses. The following uses are permitted in this district: (21) Co -living dormitory, provided that: (a) The facility is located within 1/2 mile walking distance of a public transit route at the time of approval by the Planning Board. 9 76= - MET we• -• • • • ••- • -- - - - IN WMI rJ2 24)_Accessory uses on the same lot and customarily incidental to and subordinate to the above uses d any use approved under Subsectionbelow. Chapter 254 Short -Term Rental Licenses § 254-2 Applicability. 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. 24-259 08/22/2024 § 254-3 Definitions. 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. Additions underlined, deletions strtrel( thFeugr. ffi W M e �'1 f� ` I �� .�.�� "" �� ./ � �1. F 1.�.� //; .q w '' I�EV'�� L��1"�T � M� .� CIT� �F BAI�T+G+C�R. PLANV�IC�ICr QIWI51ClN Memorandum To: Honorable Bangor City Council Debbie Laurie, City Manager From: Anja Collette, Planning Officer Date: September 4, 2024 CC: Courtney O'Donnell, Assistant City Manager David Szewczyk, City Solicitor Anne Krieg AICP — Director of Community & Economic Development Re: Planning Board Recommendation September 3, 2024 Amending the Code of the City of Bangor by Changing the Licensing Requirements for Co-Living Dormitories Please accept this memorandum as the recommendation from the Planning Board for the noted item. The Planning Board considered this item at a noticed public hearing on September 3, 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 Trish Hayes, Jonathan Boucher, Don Meagher, Mike Bazinet, Janet Jonas, and Alternate Member Jennifer King. Planning Officer Collette presented the proposed changes to the Code. From the staff inemo: A. The proposed changes would update the City's Code of Ordinances to exempt co-living dormitories from the City's short-term rental requirements and would change the licensing requirements from a combination of short-term rental and business licensing to only innkeeper's licensing. B. Due to the caps outlined in the short-term rental ordinance, in order to receive short-term rental licensing, a large co-living facility would be capped at only 5 rooms being available for short-term stays even if 25% of overall units would be more than 5 rooms. C. Requiring an innkeepers' license for a co-living dormitory would ensure the cap of 25% of the rooms being used for short-term rentals is maintained and would help reduce confusion related to the process for developers and City staff. It would also ensure that this unique use is able to function as the original ordinance intended. Member Boucher asked if there was a large quantity of co-living dormitories in the City currently that this would affect. Planning Officer Collette stated that to her knowledge, there was not since this is a relatively new use; the only one that has come through since the ordinance allowing the use was the 73 HARLOW STREET,BANGOR,ME 04401 TELEPHONE: (207)992-4280 FAX: (207) 945-4447 WWW.BANGORMAINE.GOV CITY OF BANGOR PLANNING DIVISION PLANNING BOARD RECOMMENDATION TO CITY COUNCIL 9.3.2024 Te�t Change-Co-Living Licensing new facility on Stillwater Avenue. Member of the public, Peggy Sheriff, asked if this change would mean that these facilities would have to abide by the yearly inspections and higher fees associated with innkeepers' licensing, like her and others' facilities do. Planning Officer Collette stated that they would. Vice Chair Brush moved to recommend to City Council that the proposed changes ought to pass. Member Boucher 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 changes ought to pass. Anja Collette Page 2 � 2 IN CITY COUNCIL AUGUST 26, 2024 COrd 24-259 First Reading and Referral to Planning Board Meeting on September 3, 2024 ��:,w�,��° '" .�� °,„�,��"��,°��*°.�� CITY CLERK IN CITY COUNCIL SEPTEMBER 9, 2024 COrd 24-259 Motion made and seconded for Passage Vote: 9 —0 Councilors Voting Yes: Deane, Fish, Fournier, Hawes, Leonard, Schaefer, Tremble, Yacoubagha, Pelletier Passed ��.�` � M,�� w�� s� CITY CLERK