[HISTORY: Adopted by the Town Board of the Town of Holland 10-15-2018 by Ord. No.
7-2018; amended in its entirety 4-29-2019 by Ord. No. 3-2019. Subsequent amendments noted where applicable.]
The purposes of this chapter are to ensure that the quality
of short-term rentals operating within the Town is adequate for protecting
public health, safety and general welfare, including establishing
minimum standards of space for human occupancy and parking and for
an adequate level of maintenance; determine the responsibilities of
owners and property managers operating or managing these rental properties
for tourists or transient occupants, including, but not limited to,
the responsibility to expeditiously and personally respond to, stop,
mitigate, or prevent the reoccurrence of unreasonable activities on,
or conditions, uses or misuses of, these rental properties which adversely
impact or substantially annoy, disturb, threaten, harm, offend or
interfere with the residential uses, nature or values of other properties
in the neighborhoods in which these rental properties operate, or
with the comfort, health, enjoyment, security, life, health, or safety
of others, or which substantially interfere with, obstruct, or tend
to obstruct or render dangerous for passage any lane, street, road,
bridge or other public or private way used by emergency vehicles or
protective service personnel to gain access to property or a navigable
body of water to provide services, (i.e., public nuisances); protect
the character and stability of all areas, especially residential areas,
within the Town of Holland; provide minimum standards necessary for
the health and safety of persons occupying or using buildings, structures
or premises; require the provision of liability insurance in connection
with the operation of short-term rentals so that persons on these
properties, and the owners and occupants of adjacent properties, who
suffer bodily injury or property damage arising from the condition
or operation of the short-term rental, or from acts or omissions occurring
thereon, are afforded a potential source of recovery to pay such damage
claims; and provide for the administration and enforcement hereof.
A.
CLERK
DWELLING UNIT
ENTITY
FOOD PREPARATION AREA
(1)
(2)
(3)
(4)
GUEST REGISTER
LICENSE
LICENSE YEAR
OCCUPANT
OFFERED FOR RENT
PERSON
PROPERTY MANAGER
PROPERTY OWNER
RENEWAL LICENSE
SHORT-TERM RENTAL
As used in this chapter, the following terms shall have the meanings
indicated:
The Town Clerk of the Town of Holland or designee.
One or more rooms designed, occupied, used, or intended to
be occupied or used, as separate living quarters, with a food preparation
area and sleeping and sanitary facilities provided within such room(s).
Dwelling units include residential, tourist room house, seasonal employee
housing and dormitory units.
[Amended 6-1-2020 by Ord.
No. 6-2020; 6-15-2020 by Ord. No. 9-2020]
A corporation, investment company, limited partnership, limited-liability
partnership, limited-liability company, cooperative association, unincorporated
cooperative association, common law trust, or any other group or organization
licensed to do business in this state.
Any part of a building containing three or more of the following
facilities:
[Added 6-1-2020 by Ord.
No. 6-2020; amended 6-15-2020 by Ord. No. 9-2020; 2-8-2021 by Ord. No. 2-2021]
Cooking, including stoves, ranges, ovens, cooktops, microwave
ovens with a capacity of one cubic foot. or greater, or countertop
appliances such as grills, hot plates, toaster ovens, roasters, and
slow cookers, but excluding coffee makers, top-slot toasters, or microwave
ovens with a capacity less than one cubic foot.
Refrigeration with a capacity greater than 3.5 cubic feet.
Sink with a bowl depth greater than four inches and any other
bowl dimension greater than 13 inches.
Storage with a capacity greater than 24 cubic feet intended
or used for food, cookware, dishes, or related utensils.
The official record provided and kept by a property owner
or property manager in which short-term rental guests are required
to list their true names and addresses before being assigned sleeping
quarters, pursuant to Wis. Admin. Code § ATCP 72.16.
The short-term rental license issued under § 280-4.
The period from July 1 of each year to June 30 of the following
year.
Any person, over one year of age, living, sleeping, cooking
or eating in, or having actual possession of, a dwelling unit.
Advertised, maintained, managed, operated, or presented for
rent, and/or listed on or with a marketplace provider (including,
but not limited to, airbnb.com, homeaway.com, vrbo.com, or similar
websites).
[Added 8-8-2022 by Ord. No. 2022-03]
An individual, group of individuals, or an entity.
Any person who is not the property owner and is authorized
by the property owner, expressly or impliedly, to act as agent and
as the local contact person on behalf of the property owner for one
or more short-term rental, and to take remedial action and promptly
respond to any violation of this chapter or the Town Code relating
to the licensed premises.
The owner of a short-term rental.
Any license issued under this Chapter 280 which will be or is in effect for the license year immediately following a license year for which the Town Clerk issued a license under this chapter for the same short-term rental property.
A residential dwelling that is offered for rent for a fee
and for fewer than 30 consecutive days, as defined in Wis. Stats.,
§ 66.0615(1)(dk).
[Amended 10-18-2021 by Ord. No. 9-2021]
A.
No person may maintain, manage or operate a short-term rental more
than 10 nights each license year without a short-term rental license.
Every short-term rental shall be operated by a property owner or property
manager.
B.
Each short-term rental property owner is required to have the following
licenses and permits:
(1)
A state of Wisconsin tourist rooming house license.
(2)
A seller's permit issued by the Wisconsin Department of Revenue,
unless all rentals of the property are exempt from such permit requirement
per state regulations.
[Amended 7-29-2019 by Ord. No. 4-2019]
(3)
A license from the Town of Holland issued pursuant to this chapter.
C.
Each short-term rental shall comply with all of the following:
(1)
No residential dwelling unit may be rented for a period of six or fewer consecutive days. However, after a short-term rental license has been issued for a residential dwelling unit under § 280-4, then any subsequent rental of that dwelling unit during the license term may be for a period of six or fewer consecutive days.
(2)
There shall not be excessive noise as prohibited by § 240-1 of the Town Code, excessive fumes, glare, or vibration, any nuisance activities prohibited pursuant to Chapter 245 of the Town Code, dogs at large as prohibited by § 140-2 of the Town Code, or trespass onto neighboring properties as prohibited by Chapter 257 of the Town Code.
(3)
Name plates or other signage related to the short-term rental property
shall not exceed one square foot. No other signage advertising the
short-term rental is permitted on site.
(4)
The number of occupants in any dwelling unit shall not exceed the
limits set forth in Wis. Admin. Code § ATCP 72.14 for hotels,
motels, and tourist rooming houses.
(5)
No recreational vehicles (RVs), campers, tents or other temporary
lodging arrangements shall be permitted on site as a means of providing
additional accommodations for paying guests or other invitees.
(6)
Compliance with all applicable state, county and local codes and
regulations is required.
(7)
If the property owner resides less than 35.0 miles from the short-term
rental property, as measured in a straight line between the short-term
rental property and the property owner's residence using online
global positioning system (GPS) resources, a local property manager
is not required to be designated. In such case, the property owner
shall be available between the hours of 8:00 a.m. and 11:00 p.m. on
those days when the property is rented. The property owner must notify
the Town Clerk within three business days of any change in the property
owner's contact information and submit the revised contact information
to the Town Clerk within the same time period.
[Added 6-1-2020 by Ord.
No. 6-2020[1]; amended 6-15-2020 by Ord. No. 9-2020; 8-8-2022 by Ord. No. 2022-03]
[1]
Editor's Note: This ordinance also renumbered former Subsection
C(7) through (10) as Subsection C(8) through (11), respectively.
(8)
Unless the property owner resides less than 35.0 miles from the short-term rental property as determined under § 280-3C(7), a local property manager must be designated for contact purposes and their name must be included in the application filed with the Town Clerk. The local property manager must reside less than 35.0 miles from the short-term rental property, as determined under § 280-3C(7), and shall be available between the hours of 8:00 a.m. and 11:00 p.m. on those days when the property is rented. The property owner must notify the Town Clerk within three business days of any change in the property manager's contact information for the short-term rental and submit the revised contact information to the Town Clerk within the same time period.
[Amended 6-15-2020 by Ord. No. 9-2020; 8-8-2022 by Ord. No. 2022-03]
(9)
The property owner shall have and maintain homeowner's liability
or business liability insurance effective during all short-term rental
periods for the premises that are used for short-term rental and shall
provide written evidence of such insurance with the license application
and renewal application forms. This insurance requirement may be satisfied
through such sources as the property owner may choose, including,
but not limited to, conventional insurance or insurance offered through
a lodging marketplace.
[Amended 6-15-2020 by Ord. No. 9-2020]
(10)
The property owner or property manager of each short-term rental
shall provide a guest register and require all guests to register
their true names and addresses and rental time period(s) before being
assigned sleeping quarters. The guest register shall be kept by the
property owner or property manager and available for inspection for
at least one year, as required by the Wisconsin Administrative Code.
If the property owner or property manager does not consent to inspection
of the guest register, the register shall be subject to disclosure
to an authorized official pursuant only to a proper search warrant,
administrative subpoena, judicial subpoena, or other lawful procedure
to compel the production of records that affords the property owner
or property manager an opportunity for precompliance review by a neutral
decisionmaker.
(11)
Upon probable cause to believe that a violation of this chapter,
or of a law, code, rule or regulation relating to buildings, housing,
electrical, plumbing, heating, gas, fire, health, safety, environmental
pollution, water quality, food or zoning has occurred or is occurring,
the Town Building Inspector or a local health officer may request
that the property owner or property manager allow them, upon presenting
proper identification, access to the short-term rental premises at
any reasonable time for any of the following purposes: to determine
if there has been a violation of this chapter, or of a law, code,
rule or regulation related to the short-term rental or its operation;
to determine compliance with previously written violation orders;
to examine and copy relevant documents and records related to the
operation of the short-term rental; or to obtain photographic or other
evidence needed to enforce this chapter. As used in this subsection,
"probable cause" means facts and circumstances within an officer's
knowledge and of which they have reasonably trustworthy information
that is sufficient to warrant a reasonable officer in believing that
a violation has been or is being committed. If consent is refused,
the Building Inspector or health officer may apply for a special inspection
warrant issued under § 66.0119, Wis. Stats., or other warrant,
subpoena or order as may be necessary or appropriate.
[Amended 8-8-2022 by Ord. No. 2022-03]
A.
The Town Clerk shall issue a short-term rental license if an applicant demonstrates compliance with the provisions of Chapter 280 of the Town Code. A short-term rental license is issued for one license year and may be renewed annually as provided in § 280-6. The license shall contain the following information:
(1)
The name of the property owner, with contact information including mailing address and a telephone number at which the property owner is available. If the property owner is also acting as the property manager, then the requirements of Subsection A(2) shall apply to the property owner.
(2)
The name of the property manager, with contact information, including
mailing address, physical address (if different from mailing address)
and a telephone number at which the property manager shall be available
between the hours of 8:00 a.m. and 11:00 p.m. on those days when the
property is rented.
[Amended 6-15-2020 by Ord. No. 9-2020]
(4)
The Town of Holland short-term rental license number.
[Amended 8-8-2022 by Ord. No. 2022-03]
A.
All applications for a short-term rental license shall be filed with
the Town Clerk on forms provided by the Clerk. Applications must be
filed by the property owner or the property manager. No license shall
be issued unless the completed application form is accompanied by
payment of the required application fee, which fee shall be nonrefundable.
B.
Each application shall include the following information and documentation for each short-term rental unit in order to demonstrate compliance with all requirements of this chapter, including, but not limited to, § 280-8:
(1)
The name of the property owner, with contact information including
mailing address and a telephone number at which the property owner
is available. If the property owner is also acting as the property
manager, then the application shall include mailing address, physical
address (if different from mailing address) and a telephone number
at which the property owner shall be available between the hours of
8:00 a.m. and 11:00 p.m. on those days when the property is rented.
[Amended 6-15-2020 by Ord. No. 9-2020]
(2)
A copy of the State of Wisconsin tourist rooming house license for
the property that is effective during the entire term of the requested
Town short-term rental license and issued under § 97.605,
Wis. Stats.; or proof that such state license has been applied for,
in which event a provisional short-term rental license may be issued
under this chapter for a period of 30 days but shall be conditioned
upon the Town Clerk's receipt of a copy of such state license
from the applicant within said thirty-day period, and if a copy of
such state license is not received by the Clerk within said period,
then such provisional license shall expire and be void at and after
the end of said thirty-day period.
[Amended 6-12-2023 by Ord. No. 2023-07]
(3)
A copy of the most recent lodging inspection report for a tourist
rooming house issued by the State of Wisconsin, which should be dated
within one year of the date of the license application to the Town;
or written certification that such lodging inspection report is pending
issuance by the State of Wisconsin, in which event a provisional short-term
rental license may be issued under this chapter for a period of 30
days but shall be conditioned upon the Town Clerk's receipt of
a copy of such lodging inspection report from the applicant within
said thirty-day period, and if a copy of such lodging inspection report
is not received by the Clerk within said period, then such provisional
license shall expire and be void at and after the end of said thirty-day
period.
[Amended 7-29-2019 by Ord. No. 4-2019; 6-12-2023 by Ord. No. 2023-07]
(4)
Written evidence of liability insurance as required by § 280-3C(9).
[Amended 6-15-2020 by Ord. No. 9-2020]
(5)
A copy of a current seller's permit issued by the Wisconsin Department
of Revenue, unless all rentals of the property are exempt from such
permit requirement per state regulations.
[Amended 7-29-2019 by Ord. No. 4-2019]
(6)
A diagram drawn to scale showing the location of buildings and the
on-site, off-street parking area(s) designated for tenants and invitees
on the premises.
(7)
Designation of a property manager, unless the property owner is acting
as the property manager, with contact information, including mailing
address, physical address (if different from mailing address) and
a telephone number at which the property manager shall be available
between the hours of 8:00 a.m. and 11:00 p.m. on those days when the
property is rented, and an affirmative statement that the property
manager is authorized to act as agent and as the local contact person
for the property owner with respect to operation of the short-term
rental, including taking remedial action and promptly responding to
any violation of this chapter or the Town Code relating to the licensed
premises, and receiving service of notice of violation of this chapter's
provisions.
[Amended 6-15-2020 by Ord. No. 9-2020]
(8)
Written certification by the property owner that the short-term rental
meets the requirements of this chapter and applicable state and county
laws, ordinances and regulations.
(9)
An employer identification number issued by the Internal Revenue
Service, if applicable.
(10)
For renewal licenses only, written certification that a guest
register has been kept as required by the Wisconsin Administrative
Code.
C.
Unless earlier revoked, each license shall be effective commencing
on the date of issuance or July 1 of the license year, whichever is
later, through June 30 of the license year, and may be renewed for
additional license year periods. The application fee shall be paid
upon filing of the application. Any application that does not include
all the information and supporting documentation required by this
chapter shall not be considered as complete. Except upon the prior
approval of the Town Board and on a case-by-case basis, the Town Clerk
shall have no authority to issue a short-term rental license retroactively.
[Amended 8-8-2022 by Ord. No. 2022-03]
D.
When the Town Clerk determines that an application is complete and
meets the requirements of this chapter, the Clerk shall approve the
application and issue a short-term rental license (or, if applicable,
a provisional short-term rental license) to the applicant. If the
Clerk determines that the application is incomplete or does not meet
the requirements of this chapter, the Clerk shall deny the application
and inform the applicant, in writing, of the reason(s) why the application
was denied and what action is needed to obtain approval of the application.
E.
No short-term rental license (or, if applicable, a provisional short-term
rental license) shall be issued or renewed if the applicant or short-term
rental property has outstanding fees, taxes, special charges or forfeitures
owed to the Town.
A.
Each application for renewal of a short-term rental license shall include updated information for the documentation on file with the Town Clerk, and payment of the renewal fee. A renewal application must be filed with, and a nonrefundable renewal fee must be paid to, the Clerk at least 90 days prior to the license expiration date to allow the Town Clerk adequate time to review the application. The Clerk shall determine whether the information provided in the renewal application is complete and meets the requirements of this chapter. The Clerk may also request reports from the Town Building Inspector, the Sheriff's Department and other law enforcement agencies regarding any enforcement actions taken with respect to the short-term rental properties and operations, and their owners, tenants, occupants or visitors. The Clerk shall review the renewal application and may approve or deny the application after taking into consideration the number, frequency and/or severity of law violations relating to the short-term rental property and operations, and its owner(s), tenant(s), occupant(s) or visitor(s), and whether such violations substantially harm or adversely impact the predominantly residential uses and nature of the surrounding neighborhood. If after such consideration the Clerk determines not to renew the license, the Clerk shall notify the applicant in writing of the reason(s) for such decision, and the applicant's right to appeal the decision to the Town Board as provided in § 280-9.
B.
No license shall be renewed if the short-term rental property is
under an order issued by the Building Inspector or a local health
officer, or their designee, to bring the premises into compliance
with state, county or local laws, codes, rules, or regulations.
[Amended 8-8-2022 by Ord. No. 2022-03]
A.
Each short-term rental shall comply with this chapter's requirements
and any other applicable state, county or local laws, codes, rules
or regulations. Each short-term rental shall comply with the following
standards:
(1)
The number of occupants may not be more than allowed under Wis. Admin.
Code Ch. ATCP 72 or any other state regulation, state statute, or
local ordinance.
(2)
The minimum number of on-site, off-road parking spaces shall equal
the short-term rental property's advertised maximum sleeping capacity
divided by four, with the quotient rounded up to the nearest whole
number. For a short-term rental property abutting a private road with
fewer than two driving lanes, no parking spaces on the road may be
considered and all parking spaces must be provided on-site. For a
short-term rental property abutting a public road that has designated
on-road parking spaces, the minimum number of required on-site parking
spaces may be reduced by the total number of designated on-road parking
spaces which lie within the abutting road frontage and within 100
feet of the short-term rental property's main entrance driveway or
doorway.
[Amended 6-1-2020 by Ord.
No. 6-2020; 6-8-2020 by Ord. No. 7-2020; 6-15-2020 by Ord. No. 9-2020]
(3)
The short-term rental premises shall have functioning smoke detectors
and carbon monoxide detectors pursuant to the requirements of Wis.
Admin. Code Ch. SPS 321.
(4)
Certification of compliance: As a condition of issuance of a license under Chapter 280 of the Town Code, the property owner or property manager shall certify in writing in each initial application and renewal application form that the short-term term rental property is in compliance with the terms and conditions of the license and this chapter.
Each license shall be displayed on the inside of the main entrance
door of each short-term rental.
A.
The Town Clerk's decision to deny an initial short-term rental license or to deny renewal of a short-term rental license shall specify the reason(s) for such denial, in writing. Prior to the time for the renewal of the license, the Town Clerk shall notify the licensee in writing of the Town's intention not to renew the license and notify the licensee of their right to an appeal hearing as provided in § 280-9B.
[Amended 8-8-2022 by Ord. No. 2022-03]
B.
The Town Clerk's decision to deny an initial short-term rental
license or to deny renewal of a short-term rental license may be appealed
to the Town Board by filing a written appeal with the Clerk within
21 calendar days (excluding legal holidays) after the date of mailing
of the written notice of the Town Clerk's decision denying such
license or renewal license. The Town Board shall conduct a due process
hearing and issue a written decision on the appeal within 30 calendar
days of the Town's receipt of the written appeal, or the short-term
rental license shall be deemed granted. If the appellant appears at
the hearing, they may produce and cross-examine witnesses, present
relevant evidence, and be represented by counsel of their choosing,
at their expense. If the Town Board finds the Town Clerk's reason(s)
for their decision sufficient, the decision shall be affirmed. If
the Town Board finds the Town Clerk's reason(s) for their decision
insufficient, the decision shall be reversed, and the short-term rental
license shall be granted and issued. If the appellant does not appear
at the hearing and the Town Board finds the Town Clerk's reason(s)
for their decision sufficient, the decision shall be affirmed. The
Town Board's written decision on the appeal must specify the
reason(s) for its determination. The Town Clerk shall give written
notice of the Town Board's decision to the applicant or licensee.
[Amended 8-8-2022 by Ord. No. 2022-03]
C.
A license may be revoked by the Town Board during the term of a license
year and following a due process hearing for one or more of the following
reasons:
(1)
Failure by the licensee to make payment of delinquent fees, taxes,
special charges, forfeitures or other debt owed to the Town.
(2)
Failure to maintain all required local, county and state licensing
requirements.
(3)
Any violation of local, county or state laws or regulations which,
based upon their number, frequency and/or severity, and their relation
to the short-term rental property, its owner(s), tenant(s), occupant(s)
or visitor(s), substantially harm or adversely impact the predominantly
residential uses and nature of the surrounding neighborhood.
D.
Revocation. Any resident of or owner of property within the Town may file a sworn written complaint with the Town Clerk alleging one or more of the reasons set forth in § 280-9C as grounds for revocation of a short-term rental license issued under this chapter. Upon the filing of the complaint, the Town Board 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 Town Board on a day, time and place included in the notice, not less than 10 days and not more than 45 days from the date of the notice, and show cause why their license should not be revoked. The hearing shall be conducted as provided in § 280-9B. If a license is revoked, the Town 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.
[Amended 8-8-2022 by Ord. No. 2022-03]
E.
Judicial review. The action of the Town Board in granting or renewing,
refusing to grant or renew, or revoking a license under this chapter
may be reviewed by the Sheboygan County Circuit Court upon appeal
by the applicant, licensee, or a resident of or owner of property
within the Town. Such appeal shall be filed within 30 days of the
date of mailing by the Town Clerk of the notice of the Town Board's
action granting or renewing, refusing to grant or renew, or revoking
a license. The procedure on review shall be the same as in civil actions
commenced in the circuit court pursuant to Wis. Stats. Chs. 801 to
807.
A.
Any person who violates any provision of this chapter shall be subject
upon conviction thereof to a forfeiture of not less than $250 nor
more than $750 for each offense, together with the costs of prosecution,
and in the event of default of payment of such forfeiture and costs
shall be imprisoned in the Sheboygan County Jail until such forfeiture
and costs are paid, except that the amount owed is reduced at the
rate of $25 for each day of imprisonment and the maximum period of
imprisonment is 30 days. Each violation and each day a violation occurs
or continues to exist shall constitute a separate offense.
B.
The penalties set forth in this section shall be addition to all
other remedies of injunction, abatement or costs, whether existing
under this chapter or otherwise.
Any person applying for an initial short-term rental license
or renewing a license pursuant to this chapter shall be subject to
the fees as established by resolution of the Town Board.
Should any portion of this chapter be declared invalid or unconstitutional
by a court of competent jurisdiction, such decision shall not affect
the validity of any other provisions of this chapter.
