Town of Lake Tomahawk, WI Chapter 310 Short-Term Rentals

[HISTORY: Adopted by the Town Board of the Town of Lake Tomahawk 1-13-2021. Amendments noted where applicable.]

§ 310-1 Purpose and authority.

This chapter is adopted for the purpose of promoting the public health, safety, and general welfare and determining, establishing, regulating and restricting short-term residential rentals within the Town of Lake Tomahawk, under Wisconsin Statutes §§ 60.10(2)(c) and 61.34.

§ 310-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

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.

PROPERTY MANAGER

Any person providing property management services to at least three short-term rentals.

RESIDENTIAL AGENT

Any person appointed by the owner of a short-term rental to act as an agent on behalf of the owner.

SHORT-TERM RENTAL

A residential dwelling unit located in a single-family residential district that is offered for rent for a fee and for fewer than 29 consecutive days as defined in Wis. Stats. 66.0615(1)(dk).

§ 310-3 Applicability.

This chapter shall apply exclusively to properties located in a Single-Family Residential District (District 2) zoning classification according to the Oneida County Zoning Ordinance.

§ 310-4 Operation of short-term rentals.

A. No person may maintain, manage, or operate a short-term rental more than 10 nights each year without a Lake Tomahawk short-term rental license. Every short-term rental shall be operated by a property owner, a residential agent or property manager. A residential agent or property manager is subject to all rules, regulations and penalties that apply to the property owner, including Town, state and county regulations.

B. Each short-term rental shall have and display within the short-term rental, in clear view, the following licenses and permits:

(1) State of Wisconsin tourist rooming house license;

(2) Seller's permit issued by the Wisconsin Department of Revenue;

(3) An administrative review permit issued by Oneida County;

(4) Permit or license pursuant to the provisions of this chapter.

C. Each short-term rental shall comply with all the following:

(1) Compliance with all state, county and local regulations.

(2) There shall be no excessive noise, fumes, glare, or vibrations generated during the use.

(3) One advertising sign shall be allowed on site, not to exceed two square feet. Off-site advertising, including media channels relating to the availability of the rental, shall be allowed only after all required permits have been obtained and maintained.

(4) No recreational vehicles (RVs), campers, tents, or other temporary lodging shall be permitted on a site as a means of providing additional accommodations.

(5) Any outdoor event held at a short-term rental shall last no longer than one day, and may only occur between the hours of 10:00 a.m. and 9:00 p.m.

(6) A Lake Tomahawk short-term license shall not be issued until all of the following contingencies have been met, with copies provided:

(a) County Health Department inspection completed and a copy submitted to the Town (annually or as required by state and county regulations).

(b) All items listed in Subsection B.

(c) General building and fire code inspection.

(d) Appropriate insurance (including liability) for the short-term rental. (Owner or agent shall request that the insurance company send the Town a copy at each renewal.)

§ 310-5 Lake Tomahawk short-term license.

A. The Town Clerk shall issue a short-term rental license to all applicants following the approval of a signed application by the Town Board and filing all the required documents and records required within this chapter.

B. Applications for the Lake Tomahawk short-term rental license shall be available at the Town office.

§ 310-6 Short-term rental license procedure.

A. All applications for a short-term rental license shall be filed with the Town Clerk on forms provided, along with the required fees and documents. Applications must be filed by the property owner or on the owner's behalf by an agent or property manager.

B. Terms and filing dates. Each permit and license shall run from July 1 to June 30 of the following year, which is the same period as the state and county permits. All applications must be filed by May 1 of each year. All filing fees shall be paid at the time of application or renewal.

C. Application review procedure. When satisfied the application is complete and all required documents have been supplied, the Town Clerk shall forward the application to the Town Board for approval. If the Town Board determines the application does not meet all the requirements of this chapter, they may deny the application.

D. Renewal. A new application must be provided with each renewal of the license along with any updated information. A copy of the yearly state license and a copy of the county renewal shall be included with the application, along with a copy of the Oneida County health inspection for the previous year. No license shall be renewed if the applicant or property has outstanding fees, taxes or forfeitures owed to the Town.

§ 310-7 Appeal and license revocation.

A. 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 Town's notice of denial. The appeal shall be heard by the Town Board. The Town Board shall consider the application or renewal and recommendations and may approve or deny the application or renewal.

B. A license may be revoked for one or more of the following reasons:

(1) Failure to make payment of taxes or any debt owed to the Town.

(2) Three or more calls for police service, violations of building or health codes, reports of nuisance activities or other law violations within a twelve-month period.

(3) Failure to obtain and maintain all necessary county and state permits and licenses.

(4) Any violation of local, county or state laws that substantially harm or adversely impact the residential uses and nature of the surrounding neighborhood.

§ 310-8 Penalties; enforcement.

A. Any violation of any portion of this chapter shall be punishable by a forfeiture of $100 for each violation committed hereunder.

B. Each day a violation exists after the property owner, agent or manager receives a violation notice shall constitute a separate violation of this chapter.

C. In addition to the penalties set forth above, failure to permit the inspection of a premises subject to this chapter by a Town designee, Building Inspector, Fire Inspector, or Health Inspector may result in the revocation of a license.

D. Enforcement. The provisions of this chapter shall be enforced by the Town Board and/or the Town Fire Chief, Building Inspector, or their designee.

§ 310-9 Fees.

A. Initial short-term rental application fee: $500.

B. Renewal fee, short-term rental: $500.

[Amended 10-12-2022]

C. Late fees: $100.

D. Any inspection fees shall be paid by the property owner, agent or manager directly to the inspector or department making the inspection, Failure to pay these fees shall result in license revocation.