[HISTORY: Adopted by the Common Council of the City of Hudson 6-1-2020 by Ord. No. 10-20. Amendments noted where applicable.]
The purpose of this section is to allow short-term home rental while mitigating impacts upon surrounding properties by implementing balanced regulations to protect the integrity of the City's neighborhoods as well as protect the general public health, safety and welfare.
These provisions establish the framework for City review of applications for short-term home rental operations, and the standards which apply to the operation of these businesses.
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 someone's property that is used for outdoor recreational purposes which includes but is not limited to: pools, decks, 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.
Editor's Note: See Chs. SPS 320 through 325, Wis. Adm. Code.
No property may be used as a short-term home rental for more than 10 nights each year unless granted a license by the City.
License standards. All short-term home rentals shall be subject to the following performance standards and the property owner must certify on the application form that all applicable items found in this chapter are satisfied, including:
Proof of sufficient and suitable property insurance identifying that the property is protected and the short-term rental business has commercial liability insurance.
Proof of tourist rooming house or bed-and-breakfast license, as amended, from St. Croix County.
The license application must supply information on any web-based booking service(s) used for the license property.
Compliance with any other applicable state, county, or local regulations that are not otherwise identified as part of this chapter.
Maximum occupancy. The maximum number of transient guests shall be limited to two transient guests per legal guest bedroom, plus one additional transient guest. Maximum occupancy load shall not be exceeded at any time the home is used as a short-term home rental.
Proximity of assistance to short-term home rentals. The property owner or property manager must be within 30 miles of the short-term home rental property at any time the property is being used by transient guests.
Contact information. The City Clerk's Department must be notified within 10 days of a change in property owner's or property manager's contact information. The property owner and/or property manager must provide the property owner's or the property manager's (as applicable) contact information, including name, address and phone number, to all property owners within 300 feet of the property boundary. The property owner and property manager must notify neighboring properties within 10 days of a change in contact information.
Parking. In residential zoning districts, all guest parking must be accommodated on concrete or asphalt surface on the short-term home rental property. No on-street parking is allowed for transient guests. At a minimum, parking shall be provided at the following rate:
In the B-3 and B-4 Zoning Districts, transient guest parking must either be accommodated on the property of the short-term home rental dwelling unit or a parking mitigation plan must be approved by City staff.
Exterior appearance and signage. There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a short-term home rental, except:
Refuse. As required by Hudson Municipal Code § 207-4, waste shall be kept in approved watertight receptacles or containers with closed tops and shall be stored out of view as much as possible.
Noise. There shall be no amplified outdoor sound after 10:00 p.m. or before 8:00 a.m. All outdoor recreation areas shall be a minimum of 100 feet from neighboring residences.
Health and safety. Short-term home rental shall be equipped with the following:
Smoke detector and carbon monoxide detectors in accordance with Wisconsin statutes on each floor level and sleeping area.
Fire extinguishers shall be placed in the kitchen area, furnace area, and hallways adjoining bedrooms.
Inside each bedroom door shall exhibit an evacuation plan, with a diagram of escape routes and emergency telephone numbers.
Guest disclosure posting. Each short-term home rental shall have posted inside within two feet of the main entrance, in writing, the following rules and regulations and must submit a copy of the disclosure to the City with the license application and renewal applications.
The name, phone number and address of the property owner or property manager.
The maximum number of transient guests allowed at the property.
The maximum number of vehicles allowed at the property and where they are to be parked.
Property rules related to use of outdoor recreation areas, such as decks, patios, grills, recreational fires, pools and other recreational facilities.
City nuisance ordinances will be enforced by the Hudson Police Department, including reduced noise levels between 10:00 p.m. and 8:00 a.m.
Inspections. All short-term home rentals shall be inspected annually by the City of Hudson Fire Department. Upon prior notice to the property owner or property manager, as applicable, City departments, including Police, Fire and Building Inspections, have permission to inspect the premises to investigate any complaints or possible violations.
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 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.
A floor plan, drawn to scale, of the home identifying which rooms will be used as transient guest bedrooms.
The property owner shall request a time to have their property inspected before the application can be considered complete.
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.
Licenses are nontransferable and shall automatically expire upon change of ownership of the property.
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.
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.
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.
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.
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.
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.
Revocation. A license may be 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:
Licensee's failure to pay any and all delinquent fees, taxes, special charges, forfeitures or other debt licensee owes to the City.
Licensee's failure to maintain all required local, county and state licensing requirements.
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 home rental property, its owner(s), tenant(s), occupant(s) or visitor(s), substantially harm or adversely impact the surrounding neighborhood.
Complaint. Any resident of or owner of property within the City may file a sworn written complaint with the Clerk 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. Upon the filing of the complaint, 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 revoked. The hearing shall be conducted as provided in § 141-9B. 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.
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.
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. Each violation and each day a violation occurs or continues to exist shall constitute a separate offense.
The penalties set forth in this section shall be addition to all other remedies of injunction, abatement or costs, or any other remedy available under this chapter or Wisconsin or federal law.