[HISTORY: Adopted by the Village Board of the Village of Hobart 1-2-2019 by Ord. No. 2018-21. Amendments noted where applicable.]
Zoning — See Ch. 295.
The purpose of this chapter is to ensure that the quality of tourist rooming houses 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 persons occupying or using buildings, structures or premises; and provisions for the administration and enforcement thereof.
As used in this chapter, the following terms shall have the meanings indicated:
- A room containing a group of plumbing fixtures consisting of, at a minimum, a lavatory, water closet, and shower or tub or tub/shower combination contained within the same room; a door for privacy, such that the door is provided with locking hardware capable of being opened from the outside with manufacturer supplied key or pin; and, that the room as a whole complies with the state Uniform Dwelling Code.
- The Village Clerk of the Village of Hobart or designee.
- CORPORATE ENTITY
- A corporation, partnership, limited liability company, or sole proprietorship licensed to conduct business in this state.
- DWELLING UNIT
- One or more rooms with provisions for living, cooking, sanitary, and sleeping facilities and a bathroom arranged for exclusive use by one person or one family. Dwelling units include residential, tourist rooming house, seasonal employee housing and dormitory units.
- The short-term rental license issued under this chapter.
- The owner of a short-term rental.
- Shall include a corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals, including a personal representative, receiver or other representative appointed according to law. Whenever the word person is used in any section of this chapter 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.
- PROPERTY MANAGER
- Any person 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.
- SHORT TERM RENTAL
- A residential dwelling that is offered for rent for a fee and for fewer than 29 consecutive days, as defined in Wis. Stats. § 66.0615(1)(dk).
- The State of Wisconsin Department of Health, or its designee.
- 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.
- The Village of Hobart, Brown County, Wisconsin.
No person may maintain, manage, or operate a short-term rental 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.
Each short-term rental shall comply with all of the following:
The total number of days within any consecutive 365-day period that the dwelling may be rented shall not exceed 180 days. A sale of a property being used as a short term rental shall constitute the commencement of a separate 365-day period.
The property owner or property manager shall notify the Clerk in writing when the first rental within a 365-day period begins.
No vehicular traffic shall be generated that is greater than normally expected in the residential neighborhood.
There shall not be excessive noise, fumes, glare, vibrations generated during the use.
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.
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.
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.
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. Any activities shall be in compliance with other noise regulations of the Village.
Compliance with all applicable state, county, and local codes and regulations is required.
Annual general building inspection is required prior to issuance or renewal of the license.
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.
Short-term rental licenses are issued for one-year period and must be renewed annually subject to Village approval or denial.
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, and provide proof of insurance with the license application and renewal.
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.
The Clerk 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 chapter. The application shall also contain the following information:
Identify the property owner with contact information including mailing address, physical address, and twenty-four-hour phone number;
Identify the property manager with contact information including mailing address, physical address, and twenty-four-hour phone number;
The maximum days of occupancy for the premises for individual rentals;
The license term; and
State lodging license number, if any.
All applications for a short-term rental license shall be filed with the Clerk on forms provided. Applications must be filed by the property owner. No license shall be issued unless the completed application form is accompanied by payment of the required fee.
Each application shall include the following information and documentation for each short-term rental unit:
A copy of State of Wisconsin License for a tourist rooming house license issued under Wis. Stats. § 254.64;
A copy of a completed state lodging establishment inspection form dated within one year of the date of issuance or renewal;
Proof of insurance;
A copy of seller's permit from the department, if any;
Floor plan and requested maximum occupancy;
Site plan including available onsite parking;
Property management agreement (if applicable);
Designation of the property manager;
Certification from the property owner that the property meets the requirements of this chapter;
An employer identification number issued by the Internal Revenue Service.
Each application for a renewal of a license shall include updated information for the documentation on file with the Clerk and payment of the applicable fee. The Clerk shall verify that the information provided on the renewal application is complete and in accordance with the requirements of this chapter. The Clerk shall request reports from the Police Department and the Director of Planning and Code Compliance regarding any complaints received, calls for service or actions taken regarding the short-term rental properties. The Clerk 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 chapter and/or the reports from the Police Department and the Director of Planning and Code Compliance indicate that there are complaints or actions involving the property.
If the Clerk finds that the license should not be renewed, the Clerk shall deny the renewal.
No license shall be issued or renewed unless there is filed with the Clerk a completed fire inspection report by the Village fire inspector dated within one year of the issue date.
No 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 Director of Planning and Code Compliance, or his designee, to bring the premises into compliance with Village ordinances, unless arrangements for payment have been approved by the Clerk.
Property manager license. No person may act as a property manager for a short-term rental without a property manager license issued in accordance with the provisions of this chapter. The property manager license 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 chapter.
Property manager qualifications. To qualify as a property manager the applicant must meet the following requirements:
Be a natural person residing in or within 25 miles of the Village or a corporate entity with offices located within 25 miles of the Village.
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 the person of another.
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 chapter's provisions and for service of process pursuant to this chapter 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 chapter and/or the Village Municipal Code.
Each short-term rental shall comply with this chapter's requirements or any other applicable Village ordinance. Each short-term rental shall comply with the following minimum requirements:
One internal bathroom for every four occupants;
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;
Not less than one onsite off-street parking spaces for every four occupants based upon maximum occupancy;
All components in the required means of egress from the dwelling, including but not limited to doors and windows, shall be maintained in proper working order and unobstructed leading to a safe, open location at grade level;
No door or window shall incorporate the use of more than two locking mechanisms that are so arranged to be readily accessible and shall not require the use of a key, or special knowledge, or effort for operation from the egress side;
Shall have functional smoke detectors and carbon monoxide detectors that are interconnected so that activation of one detector will cause activation of all detectors. Houses constructed prior to 1992 may incorporate wireless detectors in accordance with NFPA fire code Chapter 72 to provide interconnection. Houses constructed on or after January 1, 1992 shall have detectors continuously powered by the house electrical system with battery backup, as in accordance with the requirements of Chapter SPS 321 of the Wisconsin Administrative Code;
Fire extinguishers shall be conspicuously located, installed and maintained in compliance with NFPA fire code Chapter 10, Standard for Portable Fire Extinguishers.
Shall not have an accessible solid-fuel burning appliance unless the property owner provides a signed document from the insurance carrier, or their designee, certifying that the device/unit and chimney/venting have been inspected and are in compliance with all applicable codes including National Fire Prevention Association Fire Code, Chapter 211, Standard for Chimneys, Fireplaces, Vents, and Solid-Fuel Burning Appliances;
No person shall 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;
Shall not have a fire pit or other device/appliance used for heating or any other purpose on any balcony, deck or under any overhanging structure or within 15 feet of any structure or property line, nor larger than four feet in diameter, as in accordance with § 127-7 of the Village Municipal Code;
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;
Certification of compliance. As a condition of issuance of a license under this chapter, the property manager shall certify that each managed 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.
The denial of any license application or renewal under this chapter may be appealed by filing a written appeal request with the Clerk within 10 days of the Village's notice of denial. The appeal shall be heard by the Planning and Zoning Commission, which shall make a recommendation to the Village Board. The Village Board shall consider the application or renewal and recommendations and may approve or deny the application or renewal.
A license may be revoked by the Village Board for one or more of the following reasons:
Failure to make payment on taxes or debt owed to the Village;
Three or more calls for police service, building inspection or the health department for nuisance activities or other law violations in a twelve-month period as defined in Chapter 207, Nuisances;
Failure to comply with annual Village building inspection requirements;
Failure to maintain all required local, county, and state licensing requirements;
Failure to use the property as a short-term rental within 12 months of obtaining the Village license;
Any violation of local, county, or state laws that substantially harm or adversely impact the predominantly residential uses and nature of the surrounding neighborhood.
Any person who shall violate any provision of this chapter shall be subject to a penalty and forfeiture as provided in § 1-3 of the Municipal Code.
Penalties set forth in this section shall be in addition to all other remedies of injunction, abatement or costs whether existing under this chapter or otherwise.
If any provision of this chapter and its ordinances is held invalid or unconstitutional by any court of competent jurisdiction, such a decision shall not affect the validity of any other provision of this chapter or its ordinances. It is hereby declared to be the intention of the Village that all provisions of this chapter and its ordinances therein are separable.