While the Town of Camden recognizes that short-term rentals contribute to the local economy, it is committed to maintaining the small-town character, distinct neighborhoods, scenic beauty, and natural resources that are the foundation of the Town's economic strength and quality of life. The purpose of this chapter is to regulate short-term rentals to safeguard the public health and safety of the residents of the Town of Camden and their visitors and guests while preserving the residential character of neighborhoods, minimizing nuisances, and providing equity with other residential and commercial uses. This chapter is an attempt to protect the public's health and safety in residential neighborhoods, to ensure compliance with applicable zoning code requirements, ensuring the orderly growth and stability of the Town's neighborhoods. The Housing Chapter of the Town's Comprehensive Plan identifies recommendations and strategies to address the ongoing housing affordability issue and specifically acknowledges that low-income and moderate-income households and seniors need the ability to rent or purchase adequate housing. The Comprehensive Plan further recognizes the need to balance the issues of "long time homeowners who because of escalating property values and associated taxes may face increasing difficulty holding onto their homes."
[HISTORY: Adopted by the Town of Camden 6-8-2021; amended in its entirety 6-11-2024. Subsequent amendments noted where applicable.]
This chapter is enacted pursuant to the home rule authority granted to the Town in accordance with the provisions of Title 30-A M.R.S.A. § 3001 and § 4364-C. For purposes of zoning and land use, commercial short-term rentals, residential short-term rentals, and seasonal short-term rentals shall be defined and regulated as permitted uses in specific district regulations in Chapter 290 of this code.
The provisions of this chapter shall be administered and enforced by the Code Enforcement Officer, or their designee, herein referred to as the CEO.
As used in this chapter, the following terms shall have the meanings indicated:
A short-term rental where the rental is owned by the licensee, but the licensee does not claim primary residency on the property and operates a short-term rental(s) on the property.
A M.R.S.A. § 4358, Subdivision 1, as the same may, from time to time, be amended, and an older mobile home as further defined in Chapter 290, Zoning.
A room or group of rooms designed and equipped exclusively for use as permanent, seasonal, or temporary living quarters for only one person or family at a time, and containing living, sleeping, toilet and cooking facilities. The term shall include mobile homes and rental units that contain cooking, sleeping and toilet facilities regardless of the time period rented. Recreational vehicles are not residential dwelling units.
Any person who maintains an unexpired license pursuant to this chapter.
Each natural person or entity, including, but not limited to, all partners of a partnership; officers of a corporation; members or managers of a limited liability company; trustees of a real estate trust; that is the record owner of the property.
The dwelling unit or dwelling a person registers as their address for tax and government identification purposes, and where the same person resides for a minimum of six consecutive months plus one day.
A short-term rental where the rental is located on a lot where the owner claims primary residency, and the owner may or may not be "in residence" during the tenancy of the short-term rental by transient occupants.
A short-term rental located within a building containing a single dwelling or dwelling unit made up of a room or group of rooms containing facilities for eating, sleeping, bathing, and cooking, but has water service available only seasonally and is occupied only seasonally. These structures typically do not contain insulation, or whole house heating, ventilation, and air-conditioning (HVAC) systems.
The use of a dwelling unit for rent to a transient occupant(s) for a period of no more than 28 consecutive days or one calendar month, whichever is less.
A transient occupant is any person or a guest or invitee of such person, who, in exchange for compensation, occupies or is in actual apparent control or possession of residential property, which is either: 1) registered as a short-term rental property, or 2) satisfies the definition of a short-term rental property, as such term is defined in this chapter. It shall be a rebuttable presumption that any person who holds themselves out as being an occupant or guest of an occupant of the short-term rental is a transient occupant.
Any license issued hereunder shall not be transferable.
A.
All short-term rentals shall be licensed with the Town of Camden on an annual basis, prior to the rental of a dwelling. Application forms, along with applicable fees, shall be filed annually with the CEO.
B.
Application forms and associated required documentation shall include, but not be limited to, the following information:
(1)
Name and mailing address of the property owner.
(2)
Physical address and map and lot number of the property to be rented.
(3)
Local contact name and phone number for purposes of twenty-four-hour emergency contact.
(4)
Identification of the dwelling that is to be rented.
(6)
An acceptable informational packet as approved by the Town, or its designee, must be provided to short-term rental transient occupants for each stay and must be posted within the rented dwelling. This packet must include the following information:
(7)
If the short-term rental is located in a condominium association, homeowner's association or other cooperative association, the property owner must demonstrate that the association's bylaws, declaration, or other relevant governing document permits short term rentals, and such documentation must legally identify the address within the association.
C.
The property shall comply with all applicable laws, codes, and ordinances.
D.
A license card with a unique licensing number shall be issued to the property owner upon submission of the completed form and payment of any fees as may be set from time to time by the Select Board. The card shall certify that the applicant has met all requirements in this article and Chapter 290, Zoning.
E.
An approved license card shall be posted on the premises of the short-term rental for convenient inspection by a short term rental transient occupant; the approved license card with unique licensing number shall also be posted on any web-based online rental platform where the property is listed for rent.
F.
A short-term rental license does not relieve the property owner from the obligation to obtain any additional permits necessary for the use.
G.
Inspections. (Reserved)
H.
No person, corporation, partnership, association, unincorporated association, limited liability company, trust, or other entity shall operate a short-term rental without first obtaining a license from the CEO.
I.
Each owner, operator, property manager, or other entity responsible for the short-term rental shall be obligated to comply with the provisions of this chapter. Should a property licensed to operate a short-term rental be acquired, transferred, or purchased by a new owner, then the new owner must file a new application to operate the short-term rental within 30 days of the acquisition, transfer, or purchase of the property. New owners shall be subject to the provisions of this chapter then in effect at the time the property is acquired, transferred, or purchased.
J.
A short-term rental shall not be considered licensed until all required information is provided to the Town, all applicable license fees, or any other outstanding fees owed to the Town are paid in full, and the CEO has rendered a decision and provided the unique licensing number to the applicant.
K.
The licensee shall pay any applicable lodging tax to the State of Maine for the operation of any licensed short-term rental.
A.
All short-term rental licenses shall expire on December 31 of each year.
B.
Applications for short-term rental licenses are accepted year-round.
C.
Applications for a short-term rental license renewal shall be submitted on or before January 1 of each year.
D.
Applications for renewal of license shall include updating all changes in previously submitted licensing information. A licensee applying for renewal may continue the short term rental operation until the CEO grants or denies the Licensee's request to renew the short-term rental license.
E.
The Town shall either "approve" a license or issue a notice of "denial" of a license within 30 calendar days of the date of submission of an application or application for renewal.
The CEO is required to ensure public health and safety and will conduct appropriate life safety inspections at least every three years to cover a range of crucial areas that include but are not limited to:
A.
Property management companies, renters, lessees, or other parties, who are not the record owner(s) of the proposed short-term rental shall not be eligible to apply to license a dwelling as a short-term rental. Renters, lessees, and other parties who are not record owner(s) of property may not sublet a dwelling on rented or leased property as short-term rental.
B.
When the proposed short-term rental is a residential short-term rental, as defined in this chapter, and the short-term rental is located in a single-family dwelling, the applicant must demonstrate in the application that they are the record owner of the property and that they maintain the property as their primary residence.
C.
When the proposed short-term rental is a commercial or seasonal short-term rental property, the applicant must demonstrate in the application that an operator, such as a property manager, operator, or other responsible persons, shall be available 24 hours a day to respond to any on-site emergencies within 30 to 45 minutes.
A.
The applicant for a short-term rental license shall pay a fee, as determined by the Town of Camden Select Board from time to time, at the time of filing for a license.
B.
The licensee shall pay an annual short-term rental renewal fee, as determined by the Town of Camden Select Board from time to time, at the time the Licensee files the application for renewal of the short-term rental license. A short-term rental license renewal shall not be considered complete unless and until the short-term rental renewal fee is paid in full.
A.
All short-term rentals not connected to the public sewer system must show compliance, as per the local plumbing inspector, that the existing subsurface wastewater disposal system (SSWD) is an operational and properly functioning system designed for the proposed occupancy of the short-term rental.
B.
All short-term rentals not connected to a public water supply system must provide proof of access to potable water and demonstrate that the water supply is potable and acceptable for domestic use.
The licensee must upload a calendar on any website or online advertising service that the licensee uses to advertise the short-term rental. The advertisement must contain the unique licensing number assigned to that specific short-term rental and the calendar must provide information concerning the dates during which the short-term rental is booked, and reservation cancellations for the short-term Rental.
Violating any provision or requirement of this chapter shall constitute a specific violation. Any licensee who, without good cause, fails to timely respond to inquiries made by the Town within a seventy-two-hour period, shall constitute a violation.
A.
The CEO may deny any application for a short-term rental license if the applicant fails to comply with any of the provisions set forth in this chapter.
B.
If it is determined that the licensee has failed to comply with any law, ordinance, regulation, license condition, or other applicable criteria, the CEO may condition, revoke or suspend a short-term license.
A.
Any licensee of a short-term rental who is found to be in violation of any applicable law, ordinance, regulation, or license condition shall, following notice by the CEO, abate such violation within the time period prescribed in the notice of the violation. Penalties for violations occurring at a licensed short-term rental shall be assessed per day, per violation, in accordance with 30-A M.R.S.A. § 4452.
B.
Should any licensee of one or more short-term rental properties fail to abate or remedy any violation occurring at the short-term rental in the time and manner described in the notice of violation, then the Town may file a complaint in Maine District Court pursuant to M.R. Civ.P. 80K and pursue all remedies and monetary penalties available to the Town.
The Select Board may adopt regulations implementing the purpose and provisions of this chapter.
This chapter shall become effective on January 1, 2025. Until that time, the existing Chapter 215 shall remain in effect.