[HISTORY: Adopted by the Village Board of
the Village of Wrightstown 10-5-1976 by Ord. No. 1-76 as Secs. 12.01, 12.02
and 12.15 of the 1976 Code. Amendments noted where applicable.]
[Amended 11-30-1999 by Ord. No. 113099B]
A license shall be required for the sale of each of the following or the conduct of the business or activity at the license fee as set forth in Chapter 102, Fees and Penalties. The license fees shall be for one year unless otherwise indicated.
No person shall engage in any business or activity enumerated in § 123-1 without a license or permit therefor as provided by this chapter. The words "license" and "permit" as used throughout this chapter shall be considered interchangeable.
[Added 5-3-2022 by Ord.
No. 05032022]
A.
Purpose. The purpose of this section is to ensure that the quality
of short-term rentals operating within the Village is adequate for
protecting public 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 these properties for tourists
or transient occupants, to protect the character and stability of
all areas, especially residential areas, within the Village; to provide
minimum standards necessary for the health and safety of occupant
occupying or using buildings, structures or premises; and provisions
for the administration and enforcement thereof.
B.
Definitions. For the purpose of administering and enforcing this
section, the terms or words used herein shall be interpreted as follows:
[Amended 11-1-2022 by Ord. No. 11012022]
(1)
Words used in the present tense include the future.
(2)
Words
in the singular number include the plural number.
(3)
Words
in the plural number include the singular number.
(4)
CLERK/TREASURER
CORPORATE ENTITY
DWELLING UNIT
LICENSE
OCCUPANT
OWNER
PROPERTY MANAGER
SHORT-TERM RENTAL
STATE
The following definitions and conditions apply unless specifically
modified:
The Village Clerk/Treasurer of the Village of Wrightstown
or designee.
A corporation, partnership, limited-liability company, or
sole proprietorship licensed to conduct business in this state.
One or more rooms with provisions for living, cooking, sanitary,
and sleeping facilities and a bathroom arranged for exclusive use
by one occupant or one family (four occupants). Dwelling units include
residential, tourist rooming house, seasonal employee housing and
dormitory units.
The short-term rental license issued under this section.
Includes a corporation, firm, partnership, association, organization
and any other group acting as a unit as well as individuals, including
an occupant representative, receiver or other representative appointed
according to law. Whenever the word occupant is used in any subsection
of this section prescribing a penalty or fine, as to partnerships
or associations, the word shall include the partners or members hereof,
and as to corporations, shall include the officers, agents or members
thereof who are responsible for any violation of such section.
The owner of a short-term rental.
Any occupant that is not the property owner and is appointed
to act as agent and/or provides property management services to one
or more short-term rental.
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) and (2)(a) and § 66.1014(2)(a)
and (d)1.
[Amended 11-1-2022 by Ord. No. 11012022; amended 7-18-2023 by Ord. No. 07182023]
The State of Wisconsin Department of Health, or its designee.
C.
Operation of short-term rentals.
(1)
No occupant may maintain, manage, or operate a short-term rental
for a period of less than seven consecutive nights, nor may any occupant
operate a short-term rental for more than 10 nights each year without
a short-term rental license. Every short-term rental shall be operated
by a property owner or property manager, Wis. Stats., § 66.1014(2)(d)(2).
[Amended 11-1-2022 by Ord. No. 11012022; 7-18-2023 by Ord. No. 07182023]
(2)
Each short-term rental is required to have the following licenses
and permits:
(3)
Each short-term rental shall comply with all of the following:
(a)
The total number of days within any license year that the dwelling
may be rented, or available for rental, shall not exceed 180 consecutive
days commencing with the first day of the rental.
[Amended 7-18-2023 by Ord. No. 07182023]
(b)
The property owner or property manager shall notify the Clerk/Treasurer,
in writing, when the first rental within a license year begins.
[Amended 7-18-2023 by Ord. No. 07182023]
(c)
No vehicular traffic shall be generated that is greater than
normally expected in the residential neighborhood.
(d)
There shall not be excessive noise, fumes, glare, vibrations
generated during the use.
(e)
Name plates or other signage shall not exceed one square foot.
No other signage advertising the short-term rental is permitted on-site.
Off-site advertising in media channels relating to the availability
of the rental may take place only after all Village, county and state
permits and licenses have been obtained.
(f)
The number of occupants in any unit shall not exceed the limits
set forth in the State of Wisconsin Uniform Dwelling Code and other
applicable county and Village housing regulations based upon the number
of bedrooms in each unit.
(g)
No recreational vehicles (RVs), camper, tent, or other temporary
lodging arrangement shall be permitted on-site as a means of providing
additional accommodations for paying guests or other invitees.
(h)
Any outdoor event held at the short-term rental shall last no longer than one day occurring between the hours of 8:00 a.m. and 10:00 p.m. and only one event per seven-day period. Any activities shall be in compliance with other noise regulations of the Village, Chapter 130.
(j)
Compliance with all applicable state, county, and local codes
and regulations is required.
(k)
Annual general building inspection is required prior to issuance
or renewal of the license.
(l)
A local property management contact must be on file with the
Village at the time of application. The local property manager must
be within 25 miles of the short-term rental property and must be available
24 hours a day. The property owner must notify the Village within
24 hours of a change in management contact information for the short-term
rental.
(n)
Short-term rental licenses are issued for a one-year period
commencing July 1 through June 30 and must be renewed annually subject
to Village approval or denial.
[Amended 7-18-2023 by Ord. No. 07182023]
(o)
The property owner of the short-term rental shall have appropriate
insurance for the home that is used for short-term rental (over and
above normal home policy) and provide proof of insurance with the
license application and renewal.
(p)
Each short-term rental shall provide a register and require
all guests to register their true names and addresses before beginning
occupancy of the short-term rental. The register shall be kept intact
and available for inspection by representatives of the Village for
at least one year.
D.
Short-term rental license; property manager permit.
(1)
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 this section. The application
shall also contain the following information:
(a)
Identify the property owner with contact information, including
mailing address, physical address, and twenty-four-hour phone number;
(b)
Identify the property manager with contact information, including
mailing address, physical address, and twenty-four-hour phone number;
(c)
The maximum days of occupancy for the premises for individual
rentals;
(d)
The license term; and
(e)
State lodging license number, if any.
E.
Short-term rental license procedure.
(1)
All applications for a short-term rental license shall be filed with
the Clerk/Treasurer on forms provided. Applications must be filed
by the property owner. No permit shall be issued unless the completed
application form is accompanied by payment of the required fee.
(2)
Each application shall include the following information and documentation
for each short-term rental unit:
(a)
A copy of a State of Wisconsin license for a tourist rooming
house license issued under Wis. Stats., § 254.64;
(b)
A copy of a completed state lodging establishment inspection
form dated within one year of the date of issuance or renewal;
(c)
Proof of insurance;
(d)
A copy of seller's permit from the department, if any;
(e)
Floor plan and requested maximum occupancy;
(f)
Site plan, including available on-site parking;
(g)
Property management agreement (if applicable);
(h)
Designation of the property manager.
(i)
Certification from the property owner that the property meets
the requirements of this section;
(j)
A room tax permit issued by the Village;
(k)
An employer identification number issued by the Internal Revenue
Service.
F.
Renewal.
(1)
Each application for a renewal of a permit or license shall include
updated information for the documentation on file with the Clerk/Treasurer
and payment of the applicable fee. The Clerk/Treasurer shall verify
that the information provided on the renewal application is complete
and in accordance with the requirements of this section. The Clerk/Treasurer
shall request reports from the directed enforcement officer and the
Code Enforcement Officer regarding any complaints received, calls
for service or actions taken regarding the short-term rental properties.
The Clerk/Treasurer shall issue renewal licenses within 30 days of
the filing of the application unless the information provided is incomplete
or otherwise not in compliance with the requirements of this section
and/or the reports from the directed enforcement officer and the Code
Enforcement Officer indicate that there are complaints or actions
involving the property.
(2)
If the Clerk/Treasurer finds that the license or permit should not
be renewed, the Clerk/Treasurer shall deny the renewal.
(3)
No permit or license shall be issued or renewed unless there is filed
with the Clerk/Treasurer a completed fire inspection report by the
Village Fire Inspector dated within one year of the issue date.
(4)
No permit or license shall be renewed if the applicant or property
has outstanding fees, taxes or forfeitures owed to the Village, or
is under an order issued by the Code Enforcement Officer, or his designee,
to bring the premises into compliance with Village ordinances, unless
arrangements for payment have been approved by the Clerk/Treasurer.
G.
Property manager.
(1)
Property manager permit. No occupant may act as a property manager
for a short-term rental without a property manager permit issued in
accordance with the provisions of this section. The property manager
permit shall apply to all short-term rentals for which the property
manager has exclusive rights for the rental of the property. The property
manager must certify to the Village that each short-term rental operating
under the short-term rental license complies with the standards of
this section.
(2)
Property manager qualifications. To qualify as a property manager
the applicant must meet the following requirements:
(a)
Be a natural occupant residing in or within 25 miles of the
Village or a corporate entity with offices located within 25 miles
of the Village.
(b)
The applicant does not have pending any criminal charge and
has not been convicted of a felony or misdemeanor of any offense involving
dishonesty, fraud, deceit, robbery, the use or threatened use of force
or violence upon another.
(3)
Each property manager shall be authorized by the property owner to
act as the agent for the owner for the receipt of service of notice
of violation of this section's provisions and for service of
process pursuant to this section and shall be authorized by the owner
to allow Village employees, officers and their designees, to enter
the owner's property for purposes of inspection and enforcement
of this section and/or this Code.
H.
Standards for short-term rentals.
(1)
Each short-term rental shall comply with this section's requirements
or any other applicable Village ordinance. Each short-term rental
shall comply with the following minimum requirements:
(a)
One internal bathroom for every four occupants;
(b)
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
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;
(c)
Not less than one on-site off-street parking space for every
four occupants based upon maximum occupancy;
(d)
A safe, unobstructed means of egress from the short-term rental
leading to safe, open space at ground level;
(e)
Shall have functional smoke detectors and carbon monoxide detectors
in accordance with the requirements of Ch. SPS 321, Wis. Adm. Code;
(f)
Shall not have an accessible wood-burning fireplace unless the
property owner provides a certificate from a properly licensed inspector,
dated not more than 30 days prior to submission, certifying that the
fireplace and chimney have been inspected and are in compliance with
National Fire Prevention Association Fire Code, Chapter 211, Standard
for Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances;
(g)
Shall not have a hibachi, gas-fired grill, charcoal grill, or
other similar devices used for cooking or any other purpose on any
balcony, deck or under any overhanging structure or within 10 feet
of any structure;
(h)
Shall not have a firepit or other similar device used for heating
or any other purpose on any balcony, deck or under any overhanging
structure or within 20 feet of any structure;
(i)
All property managers shall carry casualty and liability insurance
issued by an insurance company authorized to do business in this state
by the Wisconsin Office of the Commissioner of Insurance, with liability
limits of not less than $300,000 per individual and $1,000,000 aggregate;
(j)
Certification of compliance. As a condition of issuance of a
license under this section, the property manager shall certify that
each managed property is in compliance with the terms and conditions
of the license and this section.
I.
J.
Display of permit. Each license or permit shall be displayed on the
inside of the main entrance door of each short-term rental.
K.
Appeal and license revocation.
(1)
The denial of any license or permit application or renewal under
this section may be appealed by filing a written appeal request with
the Clerk/Treasurer within 10 days of the Village's notice of
denial. The appeal shall be heard by the Village Board. The Village
Board shall consider the application or renewal and recommendations
and may approve or deny the application or renewal.
(2)
A license may be revoked by the Village Board for one or more of
the following reasons:
(a)
Failure to make payment on taxes or debt owed to the Village;
(b)
Failure to make payment on the Brown/Outagamie County room tax;
(d)
Failure to comply with annual Village building inspection requirements;
(e)
Failure to maintain all required local, county, and state licensing
requirements;
(f)
Failure to use the property as a short-term rental within 12
months of obtaining the Village license;
(h)
Any violation of local, county, or state laws that substantially
harm or adversely impact the predominantly residential uses and nature
of the surrounding neighborhood.
L.
Penalties.
(1)
Any occupant who shall violate any provision of this section shall be subject to a penalty as provided in, Chapter 102, Fees and Penalties, and in the forfeiture amounts as provided for in the bond schedule for the Village Municipal Court.
[Amended 11-1-2022 by Ord. No. 11012022]
(2)
Penalties set forth in this section shall be in addition to all other
remedies of injunction, abatement or costs whether existing under
this section or otherwise.
M.
Fees. Fees for any applications, licenses, inspections and/or permits required under this section shall be as set forth in Chapter 102, Fees and Penalties.
[Amended 11-1-2022 by Ord. No. 11012022]
N.
Severability. If any provision of this section and its ordinances
is held invalid or unconstitutional by any court of competent jurisdiction,
such a decision shall not affect the intention of the Village that
all provisions of this section and its ordinances therein are separable.
Application for a license under this chapter
shall be made to the Village Clerk-Treasurer on a form furnished by
the village. Such application shall contain such information as may
be required by the provisions of this chapter or as may be otherwise
required by the Village Board.
All licenses issued hereunder shall expire on
June 30 in the year of issuance unless issued for a shorter term,
when they shall expire on midnight of the last effective day of the
license, or unless otherwise provided by these ordinances or state
laws.
All licenses issued hereunder shall show the
date of issue, the activity licensed and the term of the license and
shall be signed by the Village Clerk-Treasurer.
The Village Clerk-Treasurer shall keep a record
of all licenses issued.
All licenses hereunder shall be displayed upon
the premises or vehicle for which issued, or if carried on the person
shall be displayed to any officer of the village upon request.
It shall be a condition of holding a license
under this chapter that the licensee comply with all ordinances of
the village. Failure to do so shall be cause for revocation of the
license.
All licenses issued hereunder shall be personal
to whom issued and shall not be transferred except with the consent
of the Board.
No license other than a liquor or beer license
shall be required under this chapter for any nonprofit educational,
charitable, civic, military or religious organization where the activity
which would otherwise be licensed is conducted for the benefit of
the members or for the benefit of the public generally.
All applications for renewal of licenses hereunder
shall be made to the Village Clerk-Treasurer by April 15.
An applicant for a license under this chapter
thereby consents to the entry of police or authorized representatives
of the village upon licensed premises at all reasonable hours for
the purposes of inspection and search and consents to removal from
the premises and introduction into evidence in prosecutions for violations
of this chapter all things found therein in violation of this chapter
or state law.
A.
Except as provided in § 115-13, any license issued under this chapter may be revoked for cause by the Village Board. No license shall be revoked except upon written verified complaint filed with the Village Board by the Village President, a member of the Village Board, the Chief of Police or the Chair of the Finance and Utility Committee or a resident of the village. The licensee shall be served with a copy of the written charges and shall be given an opportunity to be heard before the Village Board. The licensee shall be given notice of the hearing before the Village Board, which shall be not more than 20 nor less than five days after notice, except as otherwise agreed between the parties.
[Amended 11-30-1999 by Ord. No. 113099B]
B.
At such hearing the licensee shall be entitled to
be represented by counsel, shall have the right to present and cross-examine
witnesses and, upon request, may have subpoenas issued by the Village
President or presiding officer of the Village Board to compel the
attendance of witnesses.
C.
After hearing the evidence, the Village Board may
revoke such license or impose a limited period of suspension. The
determination of the Board shall be final.
D.
The Village President or Village Board may suspend
the license of a licensee hereunder without hearing for not to exceed
10 days.
E.
The Police Department shall repossess any license
revoked hereunder.
F.
If the licensee does not apply for a hearing within
the time provided, the license may be revoked by the Village Board.
