[Adopted as Sec. 7.12 of the prior Code; amended in its entirety 11-1-2018 by Ord. No. 18-16]
It is the purpose of
this article to ensure that the quality of short-term rentals operating
within the Town is adequate for protecting the 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, operators and property managers offering
properties for tourists and transient occupants, to protect the character
and stability of all areas, especially residential areas, within the
Town of Rome; 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.
No person may maintain, manage or operate a short-term
rental in the Town of Rome for more than 10 nights in a 365-day period,
without a short-term rental license. "Short-term rental" shall mean
a residential dwelling that is offered for rent or a fee and for a
duration of less than 29 consecutive days. Every short-term rental
shall be operated by a property owner or property manager. Short-term
rentals of six or fewer consecutive days in duration are prohibited.
B.
All applications for a short-term rental license shall
be filed with the Town Clerk/Treasurer on a form provided by the Town
and approved by the Town Board. Applications must be filed by the
property owner or authorized agent. No permit shall be issued unless
the completed application form is accompanied by payment of the required
short-term rental license fee.
C.
The Clerk/Treasurer shall issue a short-term rental license to all applicants following the approval of an application and the filing of all documents and records required under § 234-58 of this article. Issuance of a short-term rental license under this article will be deemed as meeting the requirement of obtaining a business license under Article V, Business License, of this chapter.
A.
Before an applicant may be issued a short-term rental license, the
applicant shall first provide:
(1)
Identity
of the property owner and any property manager (if applicable), with
contact information including mailing address, physical address, email,
and twenty-four-hour phone number.
(2)
A copy of tourist rooming house permit from the State
of Wisconsin Department of Agriculture, Trade and Consumer Protection
under ATCP 72.04.
(3)
A copy of a current, completed State Lodging Establishment
Inspection form.
(4)
Proof of casualty and liability insurance issued by
an insurance company authorized to do business in the state of Wisconsin,
identifying the property as used for short-term rental, with liability
limits of not less than $300,000 per individual and $1,000,000 aggregate.
(5)
Floor plan of the proposed property for rental, and
requested maximum occupancy.
(6)
Site
plan including available on-site parking.
(7)
Proof
of an annual general building and fire inspection is required prior
to issuance or renewal of the license, with no outstanding compliance
orders remaining.
(8)
A
room tax permit issued by the Town of Rome.
(9)
An
employer identification number issued by the Internal Revenue Service
or social security number.
(10)
Certification from the property owner that the property meets the
requirements of this article.
B.
During
the initial application process, the Town Zoning Administrator shall
notify property owners within a two-hundred-foot radius of an applicant's
proposed rental property lot, of an applicant's intention to operate
a short-term rental in the Town of Rome. Notification of property
owners shall not be required for renewal of a license as long as there
is no lapse in license renewal.
An annual fee shall be set by the Town Board. Fees are nonrefundable
and shall not be prorated. Any renewal application received after
the expiration date may be subject to a double fee.
A.
All licenses
granted shall be for one calendar year, and shall be renewed on an
annual basis on or before June 30 of each year. The fee shall accompany
the application for license renewal. Any property operating as a short-term
rental which has not renewed the short-term rental license prior to
this date shall be deemed an illegal operation.
B.
Each application
for renewal of a permit or license shall include updated information
for the documentation on file with the Town Clerk/Treasurer. The Clerk/Treasurer
shall verify that the information provided on the renewal application
is complete and in accordance with this article. The Clerk/Treasurer
shall request reports from the Town of Rome Police Department and
the Zoning Administrator regarding any complaints received, calls
for service or actions taken regarding the short-term rental property.
The Clerk/Treasurer shall issue renewal licenses within 30 days of
the filing of an application unless the information provided is incomplete
or otherwise not in compliance with the requirements herein, and/or
the staff reports received indicate that there are complaints or actions
involving the property.
C.
No license
shall be renewed if the subject property has outstanding fees, taxes
or forfeitures owed to the Town, or is under an order issued by the
Building Inspector to bring the premises into compliance with Town
ordinances, unless arrangements for payment have been provided to
the Clerk/Treasurer and approved by the Town Administrator.
Each short-term rental shall comply with this section's
requirements, along with all other Town of Rome ordinances. Each short-term
rental shall meet the following minimum requirements:
A.
The maximum number of occupants allowed in any unit
shall not exceed the following limits: not less than 150 square feet
of floor space for the first occupant thereof, and at least an additional
100 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 by 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 premises without a separate
enclosed bedroom is two people.
B.
One internal bathroom for every four occupants.
C.
Not less than two on-site off-street parking space for
every four occupants based upon maximum occupancy.
D.
A sign shall be posted in a conspicuous place inside the rental unit, during the license duration, specifying information on approved parking spaces, Town regulations of discharge of fireworks as designated in Chapter 196, Fireworks, of the Code of the Town of Rome, lake rules, limitations on loud and unnecessary noise as designated in Chapter 260, Noise, of the Code of the Town of Rome, and Town burning regulations under Chapter 191, Fires and Fire Prevention.
E.
Shall have functional smoke detectors and carbon monoxide
detectors in accordance with the requirements of Chapter SPS 321 of
the Wisconsin Administrative Code.
F.
No vehicular traffic shall be generated that is greater
than normally expected in the neighborhood for the district for which
the dwelling is zoned.
G.
There shall not be excessive noise, fumes, glare, or
vibrations generated during the use of the dwelling as a short-term
rental.
H.
Nameplates or other outdoor signage shall not exceed
one square foot. No other signage advertising the short-term rental
is permitted on site.
I.
Each short-term rental shall maintain the following
written records for each rental of the dwelling unit: the full name
and current address of any person renting the property, the time period
for that rental, and the monetary amount or consideration paid for
that rental. Quarterly, on a form created and provided by the Town,
every licensee shall certify and report to the Town a summary of these
records.
J.
Whenever the Town Clerk/Treasurer has probable cause
to believe that records submitted are not correct, or that probable
cause exists to believe that a dwelling unit is not in compliance
with this article, the Town Clerk/Treasurer may inspect and audit
the written records for each rental of the dwelling unit to determine
compliance with the requirements of this article.
A.
A short-term rental license may be revoked by the Town
Administrator for one or more of the following reasons:
(1)
Failure to make payment on taxes or debt owed to the
Town of Rome.
(2)
Three or more police officer-verified violations in a twelve-month period for nuisance activities or other law violations as regulated in Chapters 57, Article I; 115; 120, Article I; 125, Article II; 142; 176; 185; 196; 220; 225; 240; 260; 266; 281; 287, Articles II and III. Lake violations that result from use of the property owner's watercraft shall also qualify for revocation under this section.
(3)
Three or more issued citations related to building
inspection or the health department in a twelve-month period.
(4)
Failure to comply with applicable building inspection
requirements.
(5)
Failure to maintain all required local, county, and
state licensing requirements.
(7)
Any violation of local, county or state laws that substantially
harm or adversely impact the predominantly residential uses and nature
of the surrounding neighborhood in R-1, R-1C, R-2, R-4, and LD Districts.
B.
Upon revocation of a short-term rental license under
this section, a renewal application will not be permitted until after
January 1 of the next calendar year.
The denial of a short-term rental license application or renewal
under this article may be appealed by filing a written appeal request
with the Clerk/Treasurer within 10 days of the Town's notice
of denial. The appeal shall be heard by the Town Board, which shall
consider the application or renewal and staff recommendations and
may approve or deny the application or renewal.
Any person who operates a short-term rental within the Town of Rome for more than 10 nights in a 365-day period, without a license, shall be deemed an illegal operation, and upon conviction, be subject to a forfeiture per § 1-5, General penalty, together with the costs of prosecution. Each day a violation exists or continues shall constitute a separate offense. Prosecutions of violations of provisions of this article shall be commenced by citation pursuant to Chapter 800, Wis. Stats.
