[Adopted at time of adoption of Code (See Ch. 1, General
Provisions, Art. II)]
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:
BATHROOM
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.
CLERK
The Village Clerk of the Village of Gresham 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.
LICENSE
The short-term rental license issued under this chapter.
OWNER
The owner of a short-term rental.
PERSON
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 rentals.
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).
STATE
The State of Wisconsin Department of Health, or its designee.
TOURIST
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.
VILLAGE
The Village of Gresham, Shawano County, Wisconsin.
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:
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;
E. State lodging license number, if any.
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:
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. 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;
E. 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;
F. 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;
G. Fire extinguishers shall be conspicuously located, installed and
maintained in compliance with NFPA Fire Code Chapter 10, Standard
for Portable Fire Extinguishers.
H. 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;
I. 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;
J. 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;
K. 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;
L. 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 fees to be applied to the chapter shall be as follows:
A. Initial and renewal short-term rental application fee is available
from the Village Clerk and is changed from time to time by the Village
Board.
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.