Town of Oconomowoc, WI Rental Property, Short-Term

The following vacation rental establishment licensing regulations are created to ensure that applicable state laws are followed; to protect persons engaged in this practice either as landlord or tenant; to protect against adverse impacts of noise, odor, disturbance, adverse visual impacts, or other nuisances that this practice could have upon neighboring properties; to preserve property values for the commercial benefit of the Town; and also to control the impacts of such operations on municipal services, including snow plowing, garbage collection, sanitation, law enforcement and fire protection.

§ 216-3 License required.

No vacation rental establishment may operate in the Town unless a vacation rental establishment license ("Town license") for such operation is granted by the Town and only in full compliance with such license. A separate license is required for each vacation rental establishment.

§ 216-4 Application.

Application for a Town license shall be made by the property owner, in writing, to the Town Administrator, upon forms provided by the Town. Such application must be filed with the Town Administrator no later than one week (168 hours) prior to the proposed vacation rental period of use. The Town Administrator is authorized to issue the vacation rental license if the Administrator finds that the application meets all requirements of this chapter, and the Administrator may include such conditions as the Administrator deems to be necessary or appropriate to ensure compliance with this chapter. The application must include all of the following:

Address of vacation rental establishment.

Name (include full legal name with middle initial), address, telephone number and email address of vacation rental establishment owner.

Name (include full legal name with middle initial), address, telephone number and email address of vacation rental establishment operator if different from the owner or if owner is a trust or entity other than an individual.

If the owner resides more than 20 miles from the vacation rental establishment, name (include full legal name with middle initial), address, telephone number and email address of owner's agent who is located within 20 miles of the vacation rental establishment.

Starting date of the 180-day annual rental period.

A copy of the state tourist rooming house license for the vacation rental establishment.

Proof that the vacation rental establishment complies with the Wisconsin Uniform Dwelling Code, Chs. SPS 320 through 325, Wis. Adm. Code.

Proof of property and liability insurance covering the vacation rental establishment property and use.

A list of all property that may be used by the vacation rental establishment tenants, including, for example, whether tenants are permitted to use the house, any guesthouse, any boathouse, any garage, any dock, any boats, or particular amenities of the vacation rental establishment property.

The total square footage of the principal structure used as a vacation rental establishment.

The total number of bedrooms and total number of beds used for the vacation rental establishment.

§ 216-5 Fees.

The applicant shall pay such fee as may be established from time to time by the Town Board by separate resolution for each vacation rental establishment license (Town license) application.

§ 216-6 Renewal.

Any past noncompliance, complaints, issues, fees, or fines related to an existing Town license may be taken into consideration by the Town upon an applicant's request for renewal of a Town license.

§ 216-7 Minimum standards.

Conditions under which permitted. A Town license shall not be granted for a vacation rental establishment unless all of the following conditions are met:

Transfer of a Town license because of transfer or sale of property is not permissible. Should property subject to a Town license be sold, then the Town license shall become void.

All vacation rental establishments shall be subject to and comply with Ch. 97 of the Wisconsin Statutes Annotated, including maintaining a tourist rooming house annual license as required by Wisconsin Statutes, § 97.605(1)(a), which sections are incorporated herein by reference.

All vacation rental establishments shall be subject to and comply with Uniform Dwelling Code Chs. SPS 320 through 325, Wis. Adm. Code, which is hereby incorporated by reference.

Each vacation rental establishment shall be required to keep a register and require all guests to sign such register using their actual legal names, including middle initial and address, before being assigned quarters. The register shall be available for inspection by the Town of Oconomowoc Police Department and Town Administrator or designee for a period of not less than one year.

A minimum of one off-street parking stall shall be provided for every guest bedroom with a minimum of three parking stalls. All parking areas shall meet the size and location requirements of the Town Code and shall be hard-surfaced and maintained in a reasonable dustless condition. Absolutely no parking of vehicles on the street, except for an occasional guest during the day. Additional parking is available in a municipally owned parking lot.

Every vacation rental establishment shall be properly addressed with numbers on the street side of the structure, meeting the Town of Oconomowoc address sign standards, so as to be visible from the street.

The Town Administrator shall consider the potential impact to the surrounding neighborhood and proximity to any existing bed-and-breakfast establishment or vacation rental establishment when reviewing a request for a vacation rental establishment license (Town license). If a new owner obtains approval of a tourist rooming house license, the previously established annual 180-day period shall remain applicable.

Whenever the property changes ownership, a new Town license is required to ensure compliance with all state and local regulations and ordinances.

All trash, refuse, recyclables, etc., shall be placed inside appropriate containers and no trash, refuse, recyclables, etc., may be placed outside the containers at any time. All refuse containers shall be screened from view.

If the Town finds that any statement made on the Town license application is incorrect, at any time, the Town may immediately and summarily revoke the license.

Sleeping quarters related to a vacation rental establishment use shall only be located within the principal structure on the lot. Accessory buildings, including legal nonconforming guest houses, cannot be used for sleeping quarters.

Tents or temporary structures are prohibited on the property during the rental period.

Property that is used for a vacation rental establishment must have clearly delineated property lines, by approved fences, vegetation or other means, to the satisfaction of the Town Administrator. Such clear delineation must be maintained for the duration of the Town license to ensure that all users of the property are clearly aware of the boundaries of the property and confine their use to the applicable parcel.

Unless the property is connected to a municipal sewer system, the petitioner/owner must provide to the Town Administrator proof that is satisfactory to the Town Administrator that the septic system is properly sized for purposes for the proposed use. Such septic system must be properly maintained at all times for the duration of the Town license.

The vacation rental establishment occupancy limits shall not exceed the lesser of the following occupant limitations at any time:

(1)

The number of occupants allowed by § ATCP 72.14(2)(b), Wis. Adm. Code, per bedroom.

(2)

The number of occupants for which there are beds available within the proposed vacation rental establishment structure, provided that the beds do not include temporary beds (cots, air beds, fold-out beds, or futon couches), and each bed shall count for one occupant, except each queen- and/or king-sized bed shall count for two occupants.

(3)

Eight occupants.

The parcel cannot have more people on-site than the higher of eight people or the maximum number of people allowed under § ATCP 72.14(2)(b), Wis. Adm. Code.

The petitioner/owner must provide a copy of this section and a copy of the Town license to all parties using the property for vacation rental purposes prior to commencement of each such use.

(1)

Annual limit. If a vacation rental establishment is rented for periods of more than six but fewer than 29 consecutive days, the vacation rental establishment shall not operate outside of the 180-consecutive-day period that begins on the date of the first such rental, for a 365-day period. The owner of the vacation rental establishment shall notify the Town Clerk, in writing, when the first 365-day period begins and all subsequent 365-day periods shall be measured from that date. This limitation shall be interpreted in compliance with Wisconsin Statutes, § 66.1014(2)(d)1.

(2)

Prohibition. Rental of a residential dwelling for six consecutive days or fewer is prohibited. For purpose of this subsection, "rental" includes any real property that is subject to any verbal or written contract, lease, sublease, rental agreement, easement, instrument or other device (the "agreement") if all of the following circumstances apply:

(a)

The agreement, or agreements, creates a right to occupy said property;

(b)

Such rights of occupancy have an actual duration of less than seven consecutive days; and

(c)

The agreement requires payment, or other remuneration or barter, for the benefit of the property owner.

§ 216-8 Additional standards.

Conditions under which a license holder must operate.

(1)

All vacation rental establishments, and the owners, operators, guests, invitees, and agents at all vacation rental establishments, are subject to and must comply with Town of Oconomowoc Chapter 100, Article 1, § 100-1, Number of dogs limited; § 100-2, Keeping vicious, noisy or barking dogs or other animals; § 100-3, Dogs running at large; impounding, and § 100-6, Dog nuisances. Failure to comply with any of the foregoing Town ordinances shall result in the imposition of the penalties set forth in the related ordinances against the property, and related license holder, in possession of a Town license.

(2)

All vacation rental establishments, and the owners, operators, guests, invitees, and agents at all vacation rental establishments, are subject to and must comply with Town of Oconomowoc Chapter 207 related to nuisances and all provisions therein. Failure to comply with any provision of Town of Oconomowoc Chapter 207 shall result in the imposition of the penalties set forth in Town of Oconomowoc Chapter 207 against the property, and related license holder, in possession of a Town License. In addition to the penalties set forth in Town of Oconomowoc Chapter 207, if a property in possession of a Town license pursuant to this Chapter 216 is deemed to have chronic nuisance activity, as defined in Town of Oconomowoc Chapter 207, then such Town license is subject to immediate revocation by the Town, as well as all penalties and fines as set forth in Chapter 207.

(3)

All vacation rental establishments shall establish quiet hours between 11:00 p.m. and 7:00 a.m.