[Adopted 7-7-2021 by Ord.
No. 5-2021/2022]
The purposes of this article are to ensure that the quality
of short-term rentals operating within the City of Sheboygan Falls
is adequate for protecting public health, safety and general welfare,
including establishing minimum standards of space for human occupancy
and parking and for an adequate level of maintenance; to determine
the responsibilities of owners and property managers operating or
managing these rental properties for tourists or transient occupants,
including, but not limited to, the responsibility to expeditiously
and personally respond to, stop, mitigate, or prevent the reoccurrence
of unreasonable activities on, or conditions, uses or misuses of,
these rental properties which adversely impact or substantially annoy,
disturb, threaten, harm, offend or interfere with the residential
uses, nature or values of other properties in the neighborhoods in
which these rental properties operate, or with the comfort, health,
enjoyment, security, life, health, or safety of others, or which substantially
interfere with, obstruct, or tend to obstruct or render dangerous
for passage any lane, street, road, bridge or other public or private
way used by emergency vehicles or protective service personnel to
gain access to property or a navigable body of water to provide services
(i.e., public nuisances); to protect the character and stability of
all areas, especially residential areas, within the City of Sheboygan
Falls; to provide minimum standards necessary for the health and safety
of persons occupying or using buildings, structures or premises; to
require the provision of liability insurance in connection with the
operation of short-term rentals so that persons on these properties,
and the owners and occupants of adjacent properties, who suffer bodily
injury or property damage arising from the condition or operation
of the short-term rental, or from acts or omissions occurring thereon,
are afforded a potential source of recovery to pay such damage claims;
and to provide for the administration and enforcement hereof.
The City 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 article. The application
shall contain the following information:
A. Identify the Owner with contact information including mailing address,
physical address, email address and phone number.
B. Identify the property manager, if applicable, with contact information
including mailing address, physical address, email address and phone
number.
C. Sheboygan County tourist rooming house license number.
Each short-term rental shall comply with the following minimum
requirements:
A. Shall comply with the State Commercial Building Code, Wis. Adm. Code
Chs. SPS 361 to SPS 365.
B. The number of occupants in any residential dwelling shall not exceed
the limits set forth in Wis. Adm. Code § ATCP 72.14 for
hotels, motels, and tourist rooming houses. Every sleeping room shall
be of sufficient size to afford at least 400 cubic feet (12 cubic
meters) of air space for each occupant over 12 years of age and 200
cubic feet (six cubic meters) for each occupant 12 years and under.
Every sleeping room shall have a minimum ceiling height of seven feet
(2.13 meters). No greater number of sleeping occupants than the number
established by application of these standards is permitted in any
sleeping room.
C. Shall have sufficient off-street parking to accommodate all guest vehicles. The owner or property manager shall prohibit overnight on-street parking by guests pursuant to §
315-5B of this Code.
D. Shall have a safe, unobstructed means of egress from the short-term
rental leading to safe, open space at ground level.
E. Shall have functional smoke detectors and carbon monoxide detectors
in accordance with the requirements of Chapter SPS 321 of the Wisconsin
Administrative Code.
F. Shall not have an accessible wood-burning fireplace unless the owner
provides a certificate from a properly licensed inspector, dated not
more than 30 days prior to submission of the short-term rental application
or renewal, certifying that the fireplace and chimney have been inspected
and are in compliance with National Fire Protection Association (NFPA)
Fire Code 211 standard for chimneys, fireplaces, vents, and solid-fuel-burning
appliances.
G. Shall not 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.
H. Shall not have a fire pit or other similar device used for heating
or any other purpose on any balcony, deck or under any overhanging
structure or within 20 feet of any structure.
I. Certification of compliance. As a condition of issuance of a license
under this article, the owner or property manager shall certify that
each property is in compliance with the terms and conditions of the
license and this article.
Each license shall be displayed on the inside of the main entrance
door of each short-term rental.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Short-term rental application and renewal fees shall be set
from time to time by the Common Council.