Village of Fox Point, WI Chapter 573 Vacation Rentals

[HISTORY: Adopted by the Village Board of the Village of Fox Point 1-8-2019 by Ord. No. 2019-02. Amendments noted where applicable.]

§ 573-1 Definition.

VACATION RENTAL ESTABLISHMENT

Any property that is defined or regulated by Wisconsin Statutes §§ 66.1014(2)(d)2 or 97.01(15k), as a tourist rooming house.

§ 573-2 Regulation of vacation rental.

A. Purpose. The following vacation rental establishment licensing regulations are created, to ensure that applicable state laws are followed, to protect persons engaged in this practice either as landlord or tenant; to protect against adverse impacts of noise, odor, disturbance, adverse visual impacts, or other nuisances, that this practice could have upon neighboring properties; to preserve property values; for the commercial benefit of the Village of Fox Point; and also to control the impacts of such operations on municipal services, including snow plowing, garbage collection, sanitation, law enforcement and fire protection.

B. License required. No vacation rental establishment may operate in the Village of Fox Point unless a vacation rental establishment license for such operation is granted by the Village of Fox Point, and only in full compliance with such license. A separate license is required for each rental of the vacation rental establishment.

C. Application. Application for license shall be made by the property owner in writing to the Village Clerk upon forms provided by the Village of Fox Point. Such application must be filed with the Village Clerk no later than 48 hours prior to the proposed vacation rental period of use. The Village Manager is authorized to issue the vacation rental permit if the Village Manager finds that the application meets all requirements of this chapter, and the Village Manager may include such conditions as the Village Manager deems to be necessary or appropriate to ensure compliance with this chapter. The application must include all of the following:

(1) Address of vacation rental establishment.

(2) Name (include full legal name with middle initial), address, telephone number and email address of vacation rental establishment owner.

(3) Name (include full legal name with middle initial), date of birth, address, telephone number and email address of vacation rental establishment operator, if different from the owner or if owner is a trust or entity other than an individual.

(4) If the owner resides more than 40 miles from the vacation rental establishment, name (include full legal name with middle initial), address, telephone number and email address of owner's agent who is located within 40 miles of the vacation rental establishment.

(5) Name (include full legal name with middle initial), address, telephone number and email address of person renting the vacation rental establishment, and of all persons occupying the unit 18 years of age or older, and name (including full name with middle initial) and age of all persons occupying the unit under 18 years of age.

(6) Starting date of the 180-day annual rental period.

(7) A copy of the state tourist rooming house license for the vacation rental establishment.

(8) Proof that the vacation rental establishment complies with the Wisconsin Commercial Building Code as required by Wisconsin Administrative Code Section ATCP 72.14.

(9) Proof of property and liability insurance covering the vacation rental establishment property and use.

(10) A list of all property that may be used by the vacation rental establishment tenants, including, for example, whether tenants are permitted to use the house, any guest house, any boathouse, any garage, any dock, any boats, golf carts, or particular amenities of the vacation rental establishment property.

(11) The total square footage of the principal structure used as a vacation rental establishment.

(12) The total number of bedrooms, and total number of beds used for the vacation rental establishment.

D. Fees. The applicant shall pay such fee as may be established from time to time by the Village of Fox Point Board by separate resolution, for each vacation rental establishment license application.

E. Minimum standards. Conditions under which permitted. A license shall not be granted for a vacation rental establishment unless all of the following conditions are met:

(1) All vacation rental establishments shall be subject to and comply with Wisconsin Statutes Chapter 97, including maintaining a tourist rooming house annual license as required by Wisconsin Statutes § 97.605(1)(a), which sections are incorporated herein by reference.

(2) All vacation rental establishments shall be subject to and comply with Wisconsin Administrative Code Section ATCP 72 which is hereby incorporated by reference.

(3) Each vacation rental establishment shall be required to keep a register and require all guests to sign such register using their actual legal names including middle initial and address before being assigned quarters. The register shall be available for inspection by the Fox Point police officers, and Village Clerk or designee for a period of not less than one year.

(4) A minimum of one off-street parking area shall be provided for every guest bedroom with a minimum of three parking stalls. All parking areas shall meet the size and location requirements of the Village of Fox Point Code and shall be hard-surfaced and maintained in a reasonably dustless condition.

(5) Every vacation rental establishment shall be properly addressed with numbers on the street side of the structure, a minimum of five inches high and of contrasting color so as to be visible from the street.

(6) The Village Manager shall consider the potential impact to the surrounding neighborhood and proximity to any existing bed and breakfast establishment or vacation rental establishment when reviewing a request for a vacation rental establishment license. If other such establishments are present in close proximity, the Village Manager may reduce the number of persons who may be on site at any one time, per Subsection E(12), but not below the maximum allowed by state law.

(7) All refuse containers shall be screened from view.

(8) If the Village Manager finds that any statement made on the license application is incorrect, at any time, the Village of Fox Point may immediately and summarily revoke the license.

(9) Sleeping quarters related to a vacation rental establishment use shall only be located within the principal structure on the lot. Accessory buildings, including guest houses, cannot be used for sleeping quarters.

(10) Property that is used for a vacation rental establishment must have clearly delineated property lines, by approved fences, vegetation or other means to the satisfaction of the Village Building Inspector. Such clear delineation must be maintained for the duration of the license, to ensure that all users of the property are clearly aware of the boundaries of the property and confine their use to the applicable parcel.

(11) The vacation rental establishment occupancy limits shall not exceed the lesser of the following occupant limitations at any time: the number of occupants allowed by Wisconsin Administrative Code Section ATCP 72.14(2)(b) per bedroom; eight occupants per 1,000 square feet of living area within the principal structure; the number of occupants for which there are beds available within the proposed vacation rental establishment structure, provided that the beds do not include temporary beds (cots, air beds, fold-out beds, or futon couches) and each bed shall count for one occupant except each queen and king sized bed shall count for two occupants; 20 occupants.

(12) The parcel cannot have more people on site than the higher of 20 people or the maximum number of people allowed under Wisconsin Administrative Code Section ATCP 72.14(2)(b).

(13) The petitioner/owner must provide a copy of this section and a copy of the license, to all parties using the property for vacation rental purposes, prior to commencement of each such use.

(14) Transfer of a license because of transfer or sale of property is not permissible. Should such property be sold, then the license shall become void.

(15) If a new owner obtains approval of a vacation rental license, the previously established annual 180-day period shall remain applicable.

(16) The vacation rental establishment shall be owned and used as a residential dwelling at all times, in accordance with § 66.1014(1)(b), Wis. Stats.

F. Annual limit. If a vacation rental establishment is rented for periods of more than six but fewer than 29 consecutive days the vacation rental establishment shall not operate outside of the 180 consecutive day period that begins on the date of the first such rental, for a 365-day period. The owner of the vacation rental establishment shall notify the Village Clerk in writing when the first 365-day period begins, and all subsequent 365-day periods shall be measured from that date. This limitation shall be interpreted in compliance with Wisconsin Statutes § 66.1014(2)(d)1.

G. Prohibition. Rental of a residential dwelling for six consecutive days or fewer is prohibited. For purposes of this subsection "rental" includes any real property that is subject to any verbal or written contract, lease, sublease, rental agreement, easement, instrument or other device (the "agreement"), if all of the following circumstances apply: the agreement or agreements create a right to occupy said property; such rights of occupancy have an actual duration of less than seven consecutive days; and the agreement requires payment or other remuneration or barter, for the benefit of the property owner.