[HISTORY: Adopted by the Town Board of the
Town of Lake Tomahawk 1-13-2021. Amendments noted where applicable.]
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.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
Any person providing property management services to at least
three short-term rentals.
Any person appointed by the owner of a short-term rental
to act as an agent on behalf of the owner.
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).
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.
A.Â
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.Â
Each short-term rental shall have and display within the short-term
rental, in clear view, the following licenses and permits:
C.Â
Each short-term rental shall comply with all the following:
(1)Â
Compliance with all state, county and local regulations.
(2)Â
There shall be no excessive noise, fumes, glare, or vibrations generated
during the use.
(3)Â
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)Â
No recreational vehicles (RVs), campers, tents, or other temporary
lodging shall be permitted on a site as a means of providing additional
accommodations.
(5)Â
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)Â
A Lake Tomahawk short-term license shall not be issued until all
of the following contingencies have been met, with copies provided:
(a)Â
County Health Department inspection completed and a copy submitted
to the Town (annually or as required by state and county regulations).
(c)Â
General building and fire code inspection.
(d)Â
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.)
A.Â
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.Â
Applications for the Lake Tomahawk short-term rental license shall
be available at the Town office.
A.Â
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.Â
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.Â
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.Â
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.
A.Â
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.Â
A license may be revoked for one or more of the following reasons:
(1)Â
Failure to make payment of taxes or any debt owed to the Town.
(2)Â
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)Â
Failure to obtain and maintain all necessary county and state permits
and licenses.
(4)Â
Any violation of local, county or state laws that substantially harm
or adversely impact the residential uses and nature of the surrounding
neighborhood.
A.Â
Any violation of any portion of this chapter shall be punishable
by a forfeiture of $100 for each violation committed hereunder.
B.Â
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.Â
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.Â
Enforcement. The provisions of this chapter shall be enforced by
the Town Board and/or the Town Fire Chief, Building Inspector, or
their designee.
A.Â
Initial short-term rental application fee: $500.
B.Â
Renewal fee, short-term rental: $500.
[Amended 10-12-2022]
C.Â
Late fees: $100.
D.Â
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.