(Prepared for investors, property managers, and prospective STR operators)

1. Overview – Are STRs Permitted in Windham, ME?

Short‑term rentals are not expressly prohibited in the Town of Windham.
The Town’s Land Use Ordinance (LUO) does not contain a standalone “short‑term rental” chapter. Instead, the ordinance regulates lodging activities through existing use categories that can accommodate STR‑type operations:

| Use Category | How an STR Typically Qualifies | |--------------|--------------------------------| | Bed & Breakfast Inn (Sec. 509) | Whole‑unit or limited‑room rentals in the owner’s primary residence. Requires ≤ 3 guest bedrooms, ≤ 8 guests total, breakfast service, and compliance with NFPA 101 Life‑Safety Code. | | Rooming House (Sec. 545) | Rental of individual sleeping rooms to transient guests. Must meet state Rooming‑House licensing and fire‑safety standards. | | Home Occupation 2 (Sec. 524) | Allows renting a portion of a dwelling when the activity is incidental to residential use, provided it meets the Board‑of‑Appeals criteria (e.g., ≤ 20 % floor‑area, no exterior signage). | | Accessory Apartment (Sec. 501) | A secondary dwelling unit on the same lot as the principal residence. May be used for short‑term stays if the unit complies with building, health, and occupancy standards. |

Bottom line: An STR is permitted only when it fits one of the above categories and complies with the performance standards attached to that use. Operating a “stand‑alone” STR that does not meet a listed use would be considered an illegal un‑permitted use.

2. How to Start a Short‑Term Rental Business in Windham, ME

1. Verify Zoning Eligibility

   • Locate your parcel on the official Zoning Map (available on the Town website).
   • Confirm the allowed uses in the district (e.g., Bed & Breakfast is a permitted use in most residential districts; Rooming House is conditional in RL and RM zones).

2. Select the Appropriate Use Category

   • Bed & Breakfast Inn – ideal for owner‑occupied whole‑unit rentals with limited rooms.
   • Rooming House – suitable for renting multiple individual rooms to transient guests.
   • Home Occupation 2 – only if you plan to rent a single room and can meet the Board‑of‑Appeals criteria.

3. Obtain Required Permits & Approvals

   • Building Permit / Occupancy Permit (if any interior alterations are needed).
   • Certificate of Occupancy (issued by the Code Enforcement Officer after inspection).
   • State Lodging License (if operating a Rooming House or a Bed & Breakfast with more than three guest rooms).
   • Maine Lodging‑Tax Registration (Maine Revenue Service).
   • Fire‑Safety Certification (NFPA 101 Life‑Safety Code compliance).
   • Health & Safety Approvals (e.g., Maine Department of Health & Human Services inspections for Rooming Houses).

4. Implement Safety & Operational Requirements

   • Install smoke detectors, carbon‑monoxide detectors, fire extinguishers, and emergency egress signage.
   • Post the required notices (see Section 5).
   • Set up a reservation‑record system that captures guest names, dates of stay, and contact information (required for Rooming Houses).

5. Market the Property

   • List the property on platforms only after the permit number (or STR identifier) is displayed in the listing.
   • Include the STR permit number in all print and electronic advertisements.

6. Maintain Compliance

   • Collect and remit the 9 % Maine lodging tax.
   • Keep the guest‑log for at least 12 months.
   • Respond to any code‑enforcement or health‑department complaints within the required timeframe (see Section 5).

3. Required Documents, Permits, Licenses & Guidelines

| Requirement | Source (Town/State