[HISTORY: Adopted by the Town Board of the Town of Oconomowoc 4-7-2014 by Ord. No. 2014-2. Amendments noted where applicable.]
This chapter shall be known as the "Town of Oconomowoc Short-Term Rental Ordinance" and may be cited and pleaded as such and shall be cited herein as "this chapter," or by any reference to a section or subsection of this chapter.
This chapter is enacted pursuant to §§ 60.22 and 60.23(23), Wis. Stats.
[Amended 2-16-2015 by Ord. No. 2015-4]
The purpose of this chapter is to prohibit short-term rental of residential property. There have been numerous complaints based on the use of residences as short-term rentals regarding excessive noise, parking, litter and concerns regarding septic capabilities, security, public safety and trespass. The current county zoning ordinance and shoreland ordinance do not include provisions that allow the use of single-family homes as short-term rentals. Notwithstanding the fact that short-term rentals are not addressed in county ordinances, the Town Board finds it necessary to adopt this chapter based upon the Town's police powers for the protection of the public health, safety, welfare, and neighborhood compatibility. The Town Board finds that short-term vacation rental of residential property would substantially intensify the use of the property in many ways, which would affect the essential character of a neighborhood and the stability of the Town. The Town Board finds that short-term rentals are a business use.
This chapter does not apply to bed and breakfasts or motels, which are regulated under the Waukesha County zoning ordinances, or to condominiums.
For the purpose of this chapter, words used in the present tense include the future, the singular number includes the plural, the word "shall" is mandatory and not directory, and the term "this chapter" shall be deemed to include all amendments hereafter made to this chapter.
The following definitions apply to this chapter:
- Every natural person, firm, partnership, association, social or fraternal organization, corporation, estate, trust, receiver, syndicate, branch of government, or any other group or combination acting as a unit.
- An agreement granting the use of a dwelling unit to a person.
Use of a dwelling unit by a recorded owner or other person or persons
without monetary consideration or other benefit to the property owner
shall not be considered to be a rental under this chapter.[Amended 2-16-2015 by Ord. No. 2015-4]
- The use of a dwelling unit granted to a person in exchange for monetary consideration.
- A person who rents a short-term rental.
- SHORT-TERM RENTAL
- A dwelling unit (including any accessory guest house on the same property) that is rented to any person on a day-to-day basis or for a period of time of up to 30 consecutive nights.
[Amended 2-16-2015 by Ord. No. 2015-4]
Short-term rentals, as defined herein, shall be prohibited in the Town of Oconomowoc.
Short-term rentals. Any real property that is used for short-term rental is not a single-family dwelling. Such property is deemed to be a short-term rental if it meets the definition as defined herein or all of the following circumstances apply:
It is subject to any contract, lease, sublease, rental agreement, easement, instrument or other device (an agreement) or an oral agreement.
The agreement or agreements create a right to occupy said property.
Such rights of occupancy have an actual duration of less than 30 days.
The agreement or agreements require payment or other remuneration, barter, or other benefit to the property owner.
Enforcement. It shall be the duty of the Town of Oconomowoc Building Inspector or Town Planner to supervise the administration and the enforcement of this chapter.
Penalties. Violations of this chapter are subject to a citation being issued and forfeitures according to the schedule of forfeitures as may be amended from time to time. Each day of violation constitutes a separate offense and a separately punishable violation but may be joined in a single prosecution. The provisions of this section are in addition to and not in lieu of any State of Wisconsin prosecution.
If any section, subsection, provision, clause or paragraph of this chapter shall be adjudged or declared by any court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect the validity or the remaining portions of this chapter, and it is hereby expressly declared that every other section, subsection, provision, clause or paragraph of this chapter, irrespective of the portion thereby declared to be unconstitutional, be valid.
Any portions of any other ordinance previously enacted by the Town of Oconomowoc which are inconsistent with the provisions of this chapter are hereby repealed.
This chapter shall become effective on May 1, 2014, and upon posting and publication as required by law.