[HISTORY: Adopted by the Town Meeting of the Town of Casco 6-15-2022 ATM by Art. 40. Amendments noted where applicable.]
Casco residents prize the peace and quiet of their residential
neighborhoods. In recent years, a growing number of property owners
are renting out their property to vacationers on a short-term basis
throughout the year. In order to preserve the fabric of residential
neighborhoods and to protect the safety of visitors and residents,
the Town of Casco believes the operation of short-term rentals (STRs)
must be efficiently and effectively regulated. This chapter was developed
with an interest in balancing the desire of the property owners who
wish to rent their properties to short-term tenants with the desire
of residents who want to preserve the peaceful quiet and enjoyment
of their residential neighborhoods.
As used in this chapter, the following terms shall have the
meanings indicated:
A room or group of rooms designed and equipped exclusively
for use as living quarters by one family including provisions for
living, sleeping, cooking and eating. This does not include hotels,
motels, recreational vehicles, or other temporary trailers.
A dwelling that is occupied by the owner when any part of
the dwelling unit is rented as a short-term rental.
A dwelling unit that is rented to renters/guests for a period
of more than 30 consecutive days.
A dwelling unit that is rented to renters/guests for a period
of less than 30 consecutive days.
A dwelling that is not occupied by the owner when any part
of the dwelling unit is rented as a short-term rental.
A.
No dwelling unit may be rented, or otherwise held out as being available
for rent as a short-term rental, without first registering the same
with the Town of Casco in a manner consistent with this chapter.
B.
A short-term rental registration is valid for a period of one year
from the date of issue. A short-term rental registration must be renewed
annually, and must also be re-registered upon any change in ownership
of the dwelling unit.
C.
Registration applications, which shall be prepared and made available
by the Code Enforcement Officer, shall provide all information required
to demonstrate compliance with the performance standards contained
in this chapter, as well as the following materials:
(1)
Copy of plot plan. Showing the location of the short-term rental, the location of all parking spaces required by § 139-4C of this chapter, and the location of the leach field associated with the dwelling unit. Such plot plans may be hand drawn or created using the GIS data compiled and maintained by the Town.
(2)
Floor plan drawing. Shows the general layout of the short-term rental.
A property's layout can be downloaded from Town of Casco website
under Tax Assessor and GIS Map. This floor plan must show bedrooms,
hallways, emergency exits, and the locations of carbon monoxide detectors,
smoke detectors and required fire extinguishers. Such floor plans
may be hand drawn.
(3)
Application fee in an amount consistent with the Town's fee
schedule.
D.
Once submitted, all short-term rental registrations shall be reviewed
by the Code Enforcement Officer for completeness. Once deemed complete,
the Code Enforcement Officer shall either grant, grant with conditions,
or deny each application.
All short-term rentals within the Town shall comply with the
following performance standards:
A.
Emergency contact. The dwelling unit's owner must provide an
emergency contact who is able to respond within three hours (24 hours
per day) to complaints regarding the condition, safety or operation
of the short-term rental or the conduct of guests and must be able
to take such remedial action on behalf of the owner, or as otherwise
allowed by law, to resolve such complaints.
B.
Occupancy limits. Occupancy within a short-term rental is limited
to a maximum of two guests per legally permitted bedroom (as determined
by the Code Enforcement Officer) plus an additional two guests.
C.
Parking. The dwelling unit's owner must provide off-street parking
for the guests. Parking in a manner that impedes access by emergency
vehicles to the property or any other dwelling in the neighborhood
is prohibited.
D.
Trash disposal. The dwelling unit's owner must provide trash
containers for household trash. Trash bags must be tied securely and
placed in provided containers. The dwelling unit owner shall ensure
that the trash is removed from the property at the end of each rental
period.
E.
No serving of food by owner. No food shall be prepared for, or served
to, short-term rental guests by the owner in a manner that would require
a victualer's license from the Town, or an eating establishment
license from the State of Maine.
F.
Habitability of dwelling unit. A dwelling unit may not be rented
as a short-term rental if the same has not received a certificate
of occupancy from the Code Enforcement Officer, has been declared
to be a "dangerous building" by the Selectboard, as defined by state
law, or has otherwise been declared to be unfit for human habitation
by the Local Health Officer.
G.
Distribution of good neighbor flyer. A copy of a "Good Neighbor Flyer"
prepared and maintained by the Town shall be posted in the short-term
rental.
A.
Complaints concerning short-term rentals. All complaints regarding
short-term rentals shall be brought to the attention of the Code Enforcement
Officer through the completion and submission of a Citizen Complaint
Form. Any complaints that interrupt the quiet enjoyment of a resident
in their home or immediate neighborhood may be reported to the Cumberland
County Sheriff's Department. The Code Enforcement Officer shall
establish and maintain a record of all complaints received for each
short-term rental and investigated by the Code Enforcement Officer.
The Code Enforcement Officer shall seek to obtain voluntary compliance
through the correction of all substantiated complaints by the short-term
rental registrant. A list of complaints and any resolutions shall
be reported to the Town Selectboard by the Code Enforcement Officer
annually.
B.
Suspension or revocation of a registration. If in the opinion of
the Code Enforcement Officer a violation of this chapter exists and
cannot be resolved within a reasonable time period, and if the nature
and/or number of complaints warrants further review of the registration,
the Code Enforcement Officer shall provide a report to the Town Manager,
and the Selectboard if necessary, for review and consideration. If
the violation requires Selectboard engagement, a public hearing will
be held and the Selectboard may condition, suspend, or revoke a short-term
rental registration on the basis of the dwelling unit owner's
noncompliance with this chapter. Any decision of the Selectboard described
above may be appealed to the Maine Superior Court within 30 days of
that decision, consistent with Rule 80B of the Maine Rules of Civil
Procedure. Registrants who have previously had a registration(s) revoked
pursuant to this chapter shall be allowed to be registered in the
future only by order of the Selectboard.
C.
Violations and enforcement. Failure to comply with any requirement
of this chapter shall result in the issuance of a notice of violation
from the Code Enforcement Officer or other authorized official of
the Town. If the violation is not addressed within the time period
established in the notice of violation, the Town may bring an enforcement
action in the Maine District or Superior Court. Each violation shall
be subject to a minimum fine of $100. Each day that the violation
continues shall be considered a separate violation. In the event that
the Town is successful in proving a violation, it shall be entitled
to recover its attorney's fees and costs in bringing the enforcement
action.
Decisions of any Town official under this chapter shall be appealed
to the Selectboard within 30 calendar days of the date of the decision.
Appeals shall be with the Town Clerk and shall include a summary of
the decision from which the appeal is taken and a summary of the issues
for which review is sought.
Should any section or provision of this chapter be declared
to be invalid by a court of competent jurisdiction, such decision
shall not invalidate any other section of this chapter.
This chapter shall not repeal, annul, or in any way impair or
remove the necessity of compliance with any other ordinance, rule,
regulation, permit, or provision of law. Whenever the requirements
of this chapter are in conflict with the requirements of any other
lawfully adopted ordinance, rule, regulation, permit, or provision
of law, the most restrictive shall apply.
