As used in this chapter, the following terms shall have the
meanings indicated:
GUEST BEDROOM
A room occupied exclusively for sleeping purposes by a transient
guest. A bedroom shall contain at least 80 square feet of floor space
for one occupant and shall contain at least 120 square feet of floor
space for two occupants. A bedroom shall contain a maximum of two
occupants, regardless of size. Bedrooms shall have a minimum of seven
feet of ceiling height over 50% of the floor area of the bedroom.
There shall be a minimum of two code- compliant means of egress; one
shall be a window, as long as the window meets the Wisconsin Uniform
Dwelling Code requirements for egress, natural light, and ventilation.
A bedroom shall not be located in an RV, camper, tent or similar temporary
lodging arrangements.
OUTDOOR RECREATION AREA
Any man-made structure within a property that is used for
outdoor recreational purposes, which includes but is not limited to
pools, decks, patios, seating areas, gathering spaces, gazebos, and
children's playground equipment. This includes areas for smoking,
playing yard games, or similar activities.
PARKING MITIGATION PLAN
A plan that is comprised of existing parking conditions and
proposed parking conditions within 300 feet of a proposed short-term
home rental.
PRIMARY RESIDENCE
The dwelling unit within which a person lives for six months
plus a day during a calendar year. A person shall only have one primary
residence.
PRIMARY RESIDENT
A person living on a property where the property is the person's
primary residence.
PROPERTY MANAGER
The person identified as being the person responsible for
the short-term home rental, to respond to complaints, or be available
to address the needs of transient guests in the absence of the property
owner.
PROPERTY OWNER
The owner of the property being used as a short-term home
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 HOME RENTAL
A residential dwelling unit that is offered for rent for a fee and for fewer than 29 consecutive days as defined in W.S.A. § 66.0615(1)(dk). This includes short-term home rental of any accessory dwelling units as defined in Hudson Municipal Code §
255-28A, the second unit of an owner-occupied duplex, mother-in-law apartments, and bed-and-breakfast establishments.
TRANSIENT GUEST
A person who travels to a location away from his or her permanent
address for a short period of time for vacation, pleasure, recreation,
culture, business, or employment and rents a short-term home rental.
Any property owner desiring to operate a short-term home rental
must apply to the City Clerk's office for a short-term home rental
license. A license must be approved prior to operating within the
City. The license application must be submitted on the form prescribed
by the City Clerk and must include all the information requested on
the application form, including:
A. A site plan, drawn to scale, showing parking and driveways, all structures
and outdoor recreational areas that guests will be allowed to use,
including, but not limited to, deck/patio, barbeque grill, recreational
fire, smoking area, or pool.
B. A floor plan, drawn to scale, of the home identifying which rooms
will be used as transient guest bedrooms.
C. The property owner shall request a time to have their property inspected
before the application can be considered complete.
D. Incomplete applications will not be accepted.
The license application form must be accompanied by payment
in full of the required license application fee for short-term home
rental. The application fee amounts will be as determined by the Common
Council in the City fee schedule.
All short-term home rentals are required to have an administratively
issued license from the City.
A. Licenses are nontransferable and shall automatically expire upon
change of ownership of the property.
B. A license constitutes a limited license granted to the applicant
by the City and in no way creates a vested zoning right or property
right to operate a short-term home rental.
C. Licenses are valid for a period of one year. A renewal license must
be applied for 90 days prior to expiration every calendar year.
In addition to state sales tax, the property owner is required
to pay the City room tax.
A. The property owner is required to pay the City room tax quarterly.
If no rentals are made during a quarter, a report must nonetheless
be submitted to the City stating that no rentals were made or room
tax collected during that quarter.
B. When a booking service or internet marketplace is used to coordinate
rental of lodging facilities, the company providing the service shall
be responsible to collect and pay the City room tax quarterly. If
no rentals are made during a quarter, a report must nonetheless be
submitted to the City stating that no rentals were made or room tax
collected during that quarter.
[Amended 3-20-2023 by Ord. No. 5-23]
A. License decision. The City Clerk's decision to deny an initial short-term rental license or to deny renewal of a short-term rental license shall be in writing and shall specify the reason(s) for such denial. Prior to the time for the renewal of the license, the Clerk shall notify the licensee, in writing, of the City's intention not to renew the license and notify the licensee of his or her right to an appeal hearing as provided in §
141-9B.
B. Appeal procedure. The applicant or licensee, as applicable, may appeal
the Clerk's decision to deny an initial license or to deny renewal
of a license to the Common Council by filing a written appeal with
the Clerk within 20 business days after the date of mailing of the
written notice of the Clerk's decision denying such license or
renewal license. The Common Council shall conduct a due process hearing
within 30 business days of the Clerk's receipt of the written
appeal. The Clerk shall provide a minimum of 10 calendar days'
notice to the appellant of the date, time, and location of the hearing.
The Common Council shall issue a written decision on the appeal within
20 business days of the hearing. At the hearing, the appellant may
produce and cross-examine witnesses, present relevant evidence, and
be represented by counsel of the appellant's/licensee's
choosing and at the appellant's/licensee's expense. If the
Common Council finds the reason(s) for the Clerk's decision to
be sufficient, the decision shall be affirmed. If the Common Council
finds the reason(s) for the Clerk's decision to be insufficient,
the decision shall be reversed, and the license shall be granted and
issued. If the appellant does not appear at the hearing and the Common
Council finds the reason(s) for the Clerk's decision to be sufficient,
the decision shall be affirmed. The Common Council's written
decision on the appeal must specify the reason(s) for its determination.
The Clerk shall give written notice of the Common Council's decision
to the applicant or licensee.
C. Modification, suspension or revocation. An issued license may be modified, suspended or revoked by the Common Council during the term of a license year and following a due process hearing as described in §
141-9B for one or more of the following reasons:
(1) Licensee's failure to pay any and all delinquent fees, taxes,
special charges, forfeitures or other debt the licensee owes to the
City.
(2) Licensee's failure to maintain all required local, county and
state licensing requirements.
(3) Any violation of local, county or state laws, regulations or ordinances
which, based upon their number, frequency and/or severity, and their
relation to the short-term home rental property, its owner(s), tenant(s),
occupant(s) or visitor(s), substantially harm or adversely impact
the surrounding neighborhood.
D. Complaint; violations. Any resident of, or owner of property within the City, may file a sworn written complaint with the City Clerk at Hudson City Hall, alleging one or more violations, in accordance with §
141-9C as grounds for modification, suspension or revocation of a short-term home rental license issued under this chapter.
E. Complaint review prior to hearing. Upon review of the nature, circumstances and severity of the complaint for any reason set forth in §
141-9C, the Common Council may, in its sole and absolute discretion, dismiss the complaint or hold a license review hearing to consider and determine if any of the following are appropriate to impose on the license: modification of existing conditions to license requirements, addition of new conditions to license requirements, imposition of additional fees related to enforcement, license suspension or license revocation.
F. Hearing notice. If the Common Council determines a review hearing is warranted, the Clerk shall notify the licensee of the complaint by certified mail, return receipt requested, and provide the licensee with a copy of the complaint. The notice shall direct the licensee to appear before the Common Council on a day, time and place included in the notice, not less than 10 days and not more than 30 days from the date of the notice, and show cause why his or her license should not be modified suspended or revoked. The hearing shall be conducted as provided in §
141-9B.
G. Common Council action. The Common Council shall make findings at
the hearing based on the complaint and evidence presented. Following
the hearing, the Common Council may: (1) dismiss the complaint, (2)
modify the licensee's existing short-term rental license conditions,
(3) impose new conditions on the short-term rental license, (4) impose
fines or fees related to enforcement on the licensee, (5) suspend
the short-term rental license, (6) revoke the licensee's short-term
rental license, or (7) or take no action on the complaint. If a license
is revoked, the Clerk shall give notice of revocation to the licensee
by certified mail, return receipt requested. No part of the fee paid
for any license so revoked may be refunded. The Common Council shall
issue its written decision within 30 days following the completion
of the hearing. Revocation or suspense shall not excuse the owner
and license holder from compliance with all terms of the license as
long as the property is occupied.
H. City fees related to complaint. The City shall be entitled to its
fees and costs for the processing and considering of a complaint as
follows:
(1) If any complainant who has filed a complaint alleging one or more of the reasons set forth in §
141-9C as grounds for revocation of a short-term home rental license issued under this chapter against a license holder fails to appear before the Common Council on the day, time and place stated in the notice as required under §
141-9C, and the Common Council rules in favor of the license holder, the Complainant shall be responsible for payment of all costs and fees incurred by the City in processing and considering the complaint.
(2) If any license holder fails to appear before the Common Council on the day, time and place stated in the notice as required under §
141-9C, or the Common Council rules to revoke the license of the license holder, the license holder shall be responsible for payment of all costs and fees incurred by the City in processing and considering the complaint and revoking of the license.
I. Judicial review. The action of the Common Council in granting or
renewing, refusing to grant or renew, or revoking a license under
this chapter may commence an action in St. Croix County Circuit Court
seeking the remedy available by certiorari. Such an action seeking
certiorari review by the St. Croix County Circuit Court shall be filed
within 30 days of the date of mailing by the Clerk of the notice of
the Common Council's action granting or renewing, refusing to
grant or renew, or revoking a license. The procedure for certiorari
review shall be the same as in civil actions commenced in the circuit
court pursuant to Wisconsin Statutes regarding certiorari review.