[HISTORY: Adopted by the Common Council of the City of Bayfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dog licenses — See Ch. 126.
Blasting and rock crushing — See Ch. 140.
Building construction — See Ch. 152.
Cigarette vendors — See Ch. 178.
Coin-operated devices — See Ch. 184.
Direct sellers — See Ch. 200.
Fireworks — See Ch. 229.
Garage sales — See Ch. 237.
Sales of alcoholic beverages — See Ch. 255, Art. I.
Nonmetallic mining — See Ch. 278.
Pawnbrokers and secondhand dealers — See Ch. 302.
Street use permits — See Ch. 349, Art. III.
Mobile home and zoning permits — See Ch. 500.
[Adopted 4-1-1992 (§ 7-12-1 of the 1992 Code of Ordinances)]
The City shall not issue or renew any license to transact any business within the City of Bayfield:
A. 
For any purposes for which taxes, assessments or other claims of the City are delinquent and unpaid.
B. 
For any person who is delinquent in payment:
(1) 
Of any taxes, assessments or other claims owed the City; or
(2) 
Of any forfeiture resulting from a violation of any City ordinance.
C. 
No City of Bayfield licenses or permits, except dog licenses, boat launch ramp permits and dock fees, will be issued to any person owing the City of Bayfield on any account which is in excess of 60 days overdue. This policy does not include real estate taxes in excess of one year overdue; this policy permits the Mayor and Treasurer to negotiate agreements for collection of amounts due the City, exclusive of real estate taxes, and these agreements are to be in writing and not to exceed an eighteen-month period.
This chapter shall apply to permits and licenses issued pursuant to the provisions of the following chapters of the Code of the City of Bayfield: Chapter 140, Blasting and Rock Crushing; Chapter 178, Cigarettes; Chapter 184, Coin-Operated Devices; Chapter 200, Direct Sellers; Chapter 229, Fireworks; Chapter 237, Garage Sales; Chapter 255, Intoxicating Liquor and Fermented Malt Beverages, Article I, Licenses; Chapter 278, Mining, Nonmetallic; Chapter 302, Pawnbrokers and Secondhand Dealers; Chapter 349, Streets, Sidewalks and Public Areas, Article III, Street Use Permits.
An application for renewal of a license subject to this chapter shall be denied pursuant to the provisions of § 268-1 only following notice and opportunity for hearing as provided by § 268-4 below.
Prior to any denial of an application for renewal of a license, including denials pursuant to § 268-1, the applicant shall be given notice and opportunity for a hearing as hereinafter provided:
A. 
With respect to licenses renewable under Chapter 255, Intoxicating Liquor and Fermented Malt Beverages, Article I, Licenses, notice and opportunity for hearing shall be as provided by § 125.12, Wis. Stats., as amended from time to time.
B. 
With respect to licenses other than those described in § 268-1 herein, the Common Council or its assignee shall notify the applicant in writing of the City's intention not to renew the license and shall provide the applicant with an opportunity for hearing. The notice shall state the reasons for the intended action and shall establish a date, not less than three days nor more than 10 days after the date of the notice on which the applicant shall appear before the Common Council. If the applicant shall fail to appear before the Council on the date indicated on the notice, the Council shall deny the application for renewal. If the applicant appears before the Council on the date indicated in the notice and denies that the reasons for nonrenewal exist, the Common Council shall conduct a hearing with respect to the matter. At the hearing, both the City and the applicant may produce witnesses, cross-examine witnesses and be represented by counsel. The applicant shall, upon request, be provided a written transcript of the hearing at the applicant's expense. If the Common Council determines the applicant shall not be entitled to renewal pursuant to § 268-1, the application for renewal shall be denied.
Where an individual, business or corporation wishes to appeal the City Clerk's decision not to issue a license or permit under the chapters listed in § 268-2 above on grounds other than those specified in §§ 268-1 through 268-4 above, the applicant may file a request in writing with the City Clerk that the matter be referred to the Common Council. A public hearing shall be scheduled within 14 calendar days by the Common Council. All parties may be represented by counsel. The Council shall consider all relevant information and shall render a decision which shall be binding.
[Adopted 7-9-2018 by Ord. No. 394]
The purpose of this article is to ensure that the quality of short-term rentals operating within the City is adequate for protecting public health, safety, and general welfare, including establishing minimum standards of space for human occupancy and for an adequate level of maintenance; determining the responsibilities of owners and property managers offering these properties for tourists or transient occupants, to protect the character and stability of all areas, especially residential areas, within the City of Bayfield; to provide minimum standards necessary for the health and safety of persons occupying or using buildings, structures or premises; and provisions for the administration and enforcement thereof.
A. 
For the purpose of administering and enforcing this article, the terms or words used herein shall be interpreted as follows:
(1) 
Words used in the present tense include the future.
(2) 
Words in the singular number include the plural number.
(3) 
Words in the plural number include the singular number.
B. 
The following definitions and conditions apply unless specifically modified:
CORPORATE ENTITY
A corporation, partnership, limited liability company, or sole proprietorship licensed to conduct business in this state.
DWELLING UNIT
One or more rooms with provisions for living, cooking, sanitary, and sleeping facilities and a bathroom arranged for exclusive use by one person, one family or two or more persons maintaining a common household, to the exclusion of all others. Dwelling units include residential, tourist rooming house, seasonal employee housing, and dormitory units. The term "dwelling unit" is used to refer to any part or portion of a short-term rental property that is being rented out separately from any other part of the same short-term rental property.
LICENSE
The short-term rental license issued under Section IV.
OWNER
The property owner of a short-term rental property. Includes but is not limited to corporate entity and person.
PERSON
Shall include a corporation, firm, partnership, association, organization, and any other group acting in conjunction, as well as individuals, including a personal representative, receiver, or other representative appointed according to law. Whenever the word "person" is used in any section of this article prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members thereof, and as to corporations, shall include the officers, agents, or members thereof who are responsible for any violation of such section.
PROPERTY MANAGER
A person who is not the property owner and who provides property management services and who is authorized to act as the agent of the property owner for the purpose of responding to problems at the property.
RENTER
Any person or people renting a short-term rental.
RESIDENTIAL DWELLING
Any building, structure, or part of the building or structure, that is used or intended to be used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others.
SHORT-TERM RENTAL
A single-family residential dwelling unit that is offered for rent for seven consecutive days but fewer than 29 consecutive days, as defined in § 66.0614(1)(d)(1), Wis. Stats.
STATE
The State of Wisconsin Department of Health, or its designee.
ZONING ADMINISTRATOR
The Zoning Administrator of the City of Bayfield or designee.
This article shall apply to rentals of single-family residential dwelling units, as defined by § 66.0614(1)(d)(1), Wis. Stats.[1] "any building, structure, or part of the building or structure, that is used or intended to be used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others."
[1]
Editor's Note: So in original.
A. 
No person may maintain, manage, or operate a short-term rental more than 10 nights each year without a short-term rental license issued by the City pursuant to this article. Every short-term rental dwelling unit shall be operated by an owner or property manager. (§ 66.1014(2)(d), Wis. Stats.)[1]
[1]
Editor's Note: So in original.
B. 
Each short-term rental is required to have the following licenses and permits, and related inspections:
(1) 
A State of Wisconsin tourist rooming house license, issued by Bayfield County Health Department. Each short-term rental shall hold a valid State of Wisconsin tourist rooming house license and shall provide proof of such license by attaching a copy to the initial license and all subsequent renewal applications.
(2) 
A seller's permit issued by the Wisconsin Department of Revenue.
(3) 
A license issued pursuant to the provisions of this article.
(4) 
A room tax permit. Each short-term rental shall be subject to the City of Bayfield Room Tax Ordinance 54.19 and shall be responsible for paying room tax for all rentals, even those who rent less than 10 nights each year.
(5) 
Documented Bayfield Fire Department fire inspection.
C. 
Each short-term rental, which is not properly operating as a bed-and-breakfast or tourist rooming house under the City's Code, shall comply with all of the following:
(1) 
Rentals must be to the same one renter per seven-consecutive-day period.
[Amended 11-15-2023 by Ord. No. 404]
(2) 
No vehicular traffic shall be generated that is greater than normally expected in the residential neighborhood.
(3) 
There shall not be excessive noise, fumes, glare, or vibrations generated during the use. (Ord. No. 284-4)
(4) 
Name plates or other signage shall not exceed two square feet.
(5) 
The total number of units shall not exceed the total number licensed by the State of Wisconsin through its tourist rooming house license. Properties with more than four dwelling units are required to follow commercial code.
(6) 
No recreational vehicle, camper, tent, or other temporary lodging arrangement shall be permitted on site as a means of providing additional accommodations for paying guests or other invitees. (Ord. No. 370-27)
(7) 
All activities shall be in compliance with Chapter 284, Noise.
(8) 
Compliance with all state, county, and local regulations is required.
(9) 
If using a property manager:
(a) 
The property manager must be explicitly designated in the license application as the "property manager" including their name, address, telephone number, and other related contact information like email address and cell phone number.
(b) 
The property manager must be located within 15 miles of the short-term rental property, be available 24 hours a day, and be able to be physically present at the short-term rental within 20 minutes of being notified of a problem.
(c) 
The City must be notified in writing by the owner within 24 hours of a change in management contact information for the short-term rental. The notice is to include the contact information of the new property manager, or explicitly indicate they are now managing their short-term rental.
(10) 
A short-term rental license will not be issued until all requirements have been successfully completed.
(11) 
The owner of the short-term rental shall have appropriate liability insurance that covers renters and guests, and must provide proof of insurance with the license application and renewal. See § 268-14A(8).
(12) 
Parking spaces must be in compliance with § 500-51. Short-term rentals will follow the bed-and-breakfast use requiring one stall for each unit, plus one for the owner.
A. 
The Zoning Administrator shall issue a short-term rental license to all applicants following the approval of an application and the completion of all documents and records required under this article. The application shall contain the following information:
(1) 
Identify the property owner and contact information for owner, including a physical property address where the owner can be served process.
(2) 
If the owner lives out of state, the owner must provide contact information for an agent for service of process in the State of Wisconsin, including a physical property address.
(3) 
Identify the property manager with contact information.
(4) 
The maximum occupancy requested for the premises.
(5) 
The license term requested.
(6) 
Their State of Wisconsin seller's permit number.
(7) 
Contact information for the City.
(8) 
Certification:
(a) 
The documentation listed in § 268-11B must be attached.
(b) 
The owner must certify that the property meets all of the requirements of the article.
(c) 
The owner and property manager must certify that they understand all of the operation and standard requirements for short-term rentals license.
B. 
The Zoning Administrator shall issue a short-term rental license to the owner following the approval of the application and the filing of all documents and records required under this article.
C. 
The owner must allow, or the property manager must be authorized to allow, City employees, officers, and their designees to enter the owner's property for purposes of inspection and enforcement of this article and the general Code of Ordinances for the City of Bayfield.
D. 
Short-term rental licenses are issued for a one-year period, July 1 to June 30, and must be renewed annually subject to the Zoning Administrator's review.
A. 
All applications for a short-term rental license shall be filed with the Zoning Administrator on forms provided. Applications must be filed by the owner. No application shall be reviewed and no license issued unless the completed application form is accompanied by payment of the required fee, and copies of all necessary attachments are included as noted below in Subsection B.
B. 
Each application shall include the following information and documentation for each short-term rental dwelling unit:
(1) 
State of Wisconsin license for a tourist rooming house license issued under § 97.605, Wis. Stats.
(2) 
A copy of a completed state lodging establishment inspection form dated within one year of the date of issuance or renewal.
(3) 
Proof of insurance. See § 268-14A(8).
(4) 
Wisconsin seller's permit issued by the Wisconsin Department of Revenue.
(5) 
Floor plan and requested maximum occupancy. The total number of units shall not exceed the total number licensed by the State of Wisconsin through its tourist rooming house license. Properties with more than four dwelling units are required to follow commercial code.
(6) 
Detailed site plan which includes required on-site parking identified.
(7) 
Certification from the owner that the property meets the requirements of this article.
C. 
Terms and filing date. A short-term rental license shall be effective for one year starting on July 1 and ending on June 30 and may be renewed for additional one-year periods. Licenses are nontransferable. An existing license becomes void and a new application is required any time the ownership of a residential dwelling licensed for short-term rentals changes.
D. 
Application review procedure. When satisfied that the application is complete, the Zoning Administrator may approve the application. If the Zoning Administrator determines that the application does not meet the requirements of this article, they may deny the application.
E. 
No license shall be issued or renewed if the applicant or property has outstanding fees, taxes, forfeitures, or other amounts owed to the City (as described in § 268-1), unless arrangements for payment have been approved by the City Council.
A. 
Each application for a renewal of a license shall include updated information for the documentation on file with the Zoning Administrator and payment of the applicable fee. The Zoning Administrator shall verify that the information provided on the renewal application is complete and in accordance with the requirements of this article. The Zoning Administrator may request reports from the Fire Department and the Police Department regarding any complaints received, calls for service, or actions taken regarding the short-term rental properties. The Zoning Administrator shall issue renewal licenses within 30 days of the filing of the application unless the information provided is incomplete or otherwise not in compliance with the requirements of this article or the reports from the Police Department, Fire Department, and the Zoning Administration indicate that there are complaints or actions involving the property.
B. 
If the Zoning Administrator finds that the license should not be renewed, they shall deny the renewal.
C. 
No license shall be issued or renewed unless there is filed with the Zoning Administrator a completed Fire Inspection Report by the Bayfield Fire Department's Fire Inspector and a report prepared by the County Department of Health Inspector dated within one year of the application date.
D. 
No license shall be renewed if the applicant or property has outstanding fees, taxes or forfeitures owed to the City, unless arrangements for payment have been approved by the City Council. No license shall be renewed if the property is under an order issued by the Building Inspector, or his designee, to bring the premises into compliance with City ordinances.
If the property owner elects to have a property manager, the property manager shall be authorized by the owner to allow City employees, officers and their designees, to enter the owner's property for purposes of inspection and enforcement of this article and/or the City's Code of Ordinances.
A. 
Each short-term rental shall comply with this article's requirements or any other applicable City ordinance. Each short-term rental shall comply with the following minimum requirements:
(1) 
Not less than one bathroom for the first four occupants.
(2) 
The total number of units shall not exceed the total number licensed by the State of Wisconsin through its tourist rooming house license. Properties with more than four dwelling units are required to follow commercial code.
(3) 
Not less than 100 square feet of floor space for the first occupant thereof and at least an additional 50 square feet of floor space for every additional occupant thereof; the floor space shall be calculated on the basis of total habitable room area. Floor space is determined using interior measurements of each room. Floor space does not include kitchens, bathrooms, closets, garages, or rooms not meeting Uniform Dwelling Code requirements for occupancy. The maximum occupancy for any unit without a separate enclosed bedroom is two people.
(4) 
Each short-term rental shall be operated by the owner or property manager.
(5) 
Parking spaces must be in compliance with § 500-51. Short-term rentals will follow the bed-and-breakfast use requiring one stall for each unit, plus one for the owner.
(6) 
A safe, unobstructed means of egress leading to safe, open space at ground level.
(7) 
Shall have functional smoke detectors and carbon monoxide detectors in accordance with the requirements of Chapter SPS 362 of the Wisconsin Administrative Code.
(8) 
Each short-term rental property shall be covered by a minimum of $500,000 limit of liability insurance policy that covers short-term renters and guests.
Each license shall be displayed on the inside of the main entrance door of each short-term rental.
A. 
The denial of any license application or renewal under this article may be appealed by filing a written appeal request with the Clerk within 10 days of the Zoning Administrator's notice of denial. The appeal shall be heard by the Common Council. The City Council shall consider the application or renewal request and recommendations and may approve, deny or renew the application.
B. 
A license may be revoked by the Zoning Administrator and/or City Council for one or more of the following reasons:
(1) 
Failure to make payment on taxes or debt owed to the City.
(2) 
Three or more justified and validated calls for police service, building inspection, health department, or fire inspector for nuisance activities or other law violations in a twelve-month period.
(3) 
Failure to maintain all required local, county, and state licensing requirements.
(4) 
Any violation of local, county, or state laws that substantially harm or adversely impact the predominantly residential uses and nature of the surrounding neighborhood.
(5) 
Failure to maintain or adhere to the standards listed in § 268-9.
A. 
A violation of § 268-9 shall be punishable by a forfeiture of not less than $500, nor more than $1,000, for each violation committed hereunder. In addition, the property owner and/or the property shall be ineligible to operate as a short-term rental for a period of 12 months from the date of entry of judgment.
B. 
Any other violation of any provision of this article shall be punishable by a forfeiture of not less than $100, nor more than $500, for each violation committed hereunder.
C. 
Each day a violation exists after receiving the violation notice shall constitute a separate violation of this article.
D. 
In addition to the penalties set forth above, failure to permit the inspection of the premises subject to this article by the City designee, Police Department, Fire Inspector or their designee may result in the suspension of a license.
E. 
Penalties set forth in this section shall be in addition to all other remedies of injunction, abatement, or costs whether existing under this article or otherwise.
F. 
Enforcement. The provisions of this article shall be enforced by the Zoning Administrator, Police Chief, Fire Chief, and/or the City Council. It shall be the duty of the Zoning Administrator or designee to process applications, conduct inspections, and investigate complaints of violations of this article and/or the existence of a nuisance.
The short-term rental application fee is $750. An application will not be processed until the fee is received in full. Licenses are good for one year (July 1 through June 30). The rate will not be prorated.