[HISTORY: Adopted by the Village Board of the Village of Siren as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-6-2022 by Ord. No. 2022-05]
The purpose of this article is to ensure that the quality of short-term rentals operating within the Village 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 Village of Siren; 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:
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 § 445-5.
OWNER
The property owner of a short-term rental property. Includes, but is not limited to, corporate entity and person.
PERSON
Includes 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.
SHORT-TERM RENTAL
A single-family residential dwelling unit that is offered for rent for fewer than 29 consecutive days, as defined in § 66.1014(1)(d)(1), Wis. Stats. This does not include properly licensed bed-and-breakfasts and/or hotel/motels in the Village.
STATE
The State of Wisconsin Department of Health or its designee.
This article shall apply to rentals of any part of the building or structure that is used or intended to be used as the short-term rental. Short-term rentals will be allowed as conditional uses in R-1 Single-Family Residence District, R-2 Multiple-Family Residence District, C-1 General Commercial District and C-2 Highway Commercial District upon approval of the Village Board. Conditional use permits are issued after a public hearing in front of the Planning Commission and a recommendation to the Village Board.
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 Village 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.].
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. 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 Village of Siren Room Tax Ordinance, § 62-18, and shall be responsible for paying room tax for all rentals, even those who rent less than 10 nights each year.
(5) 
Documented Siren Fire Department fire inspection.
(6) 
Approved conditional use permit issued by Siren Village Board.
C. 
Each short-term rental shall comply with all the following:
(1) 
No vehicular traffic shall be generated that is greater than normally expected in the residential neighborhood.
(2) 
There shall not be excessive noise, fumes, glare, or vibrations generated during the use.
(3) 
Name plates or other signage shall not exceed two square feet.
(4) 
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.
(5) 
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.
(6) 
All activities shall comply with Chapter 407, Peace and Good Order.
(7) 
Compliance with all state, county, and local regulations is required.
D. 
If using a property manager:
(1) 
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.
(2) 
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.
(3) 
The Village 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.
E. 
A short-term rental license will not be issued until all requirements have been successfully completed.
F. 
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. Parking spaces must comply with Chapter 511, Vehicles and Traffic, Article III, Parking Regulations.
A. 
The Clerk/Treasurer shall issue a short-term rental license to all applicants following the approval of the application and the completion of all documents, records and permits 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) 
Floor plan and the maximum occupancy requested for the premises. 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.
(5) 
Detailed site plan which includes required on-site parking identified.
(6) 
The license term requested.
(7) 
Their State of Wisconsin seller's permit number.
(8) 
Proof of insurance.
(9) 
Contact information for the Village.
B. 
Short-term rental licenses are issued for a one-year period, July 1 to June 30, and must be renewed annually, subject to review.
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. 
No license shall be issued or renewed if the applicant or property has outstanding fees, taxes, forfeitures, or other amounts owed to the Village (as described in § 62-14), unless arrangements for payment have been approved by the Village Council.
A. 
Each application for a renewal of a license shall include updated information for the documentation on file with the Clerk/Treasurer and payment of the applicable fee. The Clerk/Treasurer shall verify that the information provided on the renewal application is complete and in accordance with the requirements of this article. The Clerk/Treasurer 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 Clerk/Treasurer 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 and Fire Department 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 schedule a public hearing before the Village Board for review of the renewal.
If the property owner elects to have a property manager, the property manager shall be authorized by the owner to allow Village employees, officers and their designees to enter the owner's property for purposes of inspection and enforcement of this article and/or the Village's Code of Ordinances.
Each short-term rental shall comply with this article's requirements or any other applicable Village ordinance. Each short-term rental shall comply with the following minimum requirements:
A. 
Not less than one bathroom for the first four occupants.
B. 
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.
C. 
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.
D. 
Each short-term rental shall be operated by the owner or property manager.
E. 
Parking spaces must be in compliance with § 595-56G: one stall for each bedroom.
F. 
A safe, unobstructed means of egress leading to safe, open space at ground level.
G. 
Shall have functional smoke detectors and carbon monoxide detectors in accordance with the requirements of Chapter SPS 362 of the Wisconsin Administrative Code.
H. 
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 license may be revoked by the Village for one or more of the following reasons:
A. 
Failure to make payment on taxes or debt owed to the Village.
B. 
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.
C. 
Failure to maintain all required local, county, and state licensing requirements.
D. 
Any violation of local, county, or state laws that substantially harm or adversely impact the predominantly residential uses and nature of the surrounding neighborhood.
E. 
Failure to maintain or adhere to the standards listed in § 445-8.
A violation of § 445-8 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.
A. 
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. Each day a violation exists after receiving the violation notice shall constitute a separate violation of this article. In addition to the penalties set forth above, failure to permit the inspection of the premises subject to this article by the Village designee, Police Department, Fire Inspector or their designee may result in the suspension of a license. 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.
B. 
Enforcement. The provisions of this article shall be enforced by the Police Chief, Fire Chief, and/or the Village Council.
The short-term rental initial application fee and renewal fees will be set in the Village's Fee Schedule.[1] An application will not be processed until the fee is received in full. Licenses are good for one year (July 1 through June 30).
[1]
Editor's Note: The current fee schedule is on file in the Village Clerk-Treasurer's office.