[HISTORY: Adopted by the Common Council of the City of Sheboygan Falls as indicated in article histories. Amendments noted where applicable.]
[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.
A. 
The provisions of this article apply to all City of Sheboygan Falls zoning districts except the C1 Commercial District, C2 Commercial District and C3 Highway Commercial District.
B. 
The provisions of this § 255-2 and the requirements to obtain a short-term rental license pursuant to § 255-5 do not apply to owners that rent their residential dwellings for 10 or fewer nights in any calendar year.
[Added 9-7-2022 by Ord. No. 2-2022/2023]
A. 
For the purpose of administering and enforcing this article, the terms or words used herein shall be interpreted as follows:
(1) 
Words used in the present tense include the future.
(2) 
Words in the singular number include the plural number.
(3) 
Words in the plural number include the singular number.
B. 
The following definitions apply unless specifically modified:
CITY CLERK
The City Clerk of the City of Sheboygan Falls or their designee.
CORPORATE ENTITY
A corporation, partnership, limited-liability company, or sole proprietorship licensed to conduct business in this state.
GUEST REGISTER
The official record provided and kept by a property owner or property manager in which short-term rental guests are required to list their true names and addresses before being assigned sleeping quarters, pursuant to Wis. Adm. Code § ATCP 72.16.
LICENSE
The short-term rental license issued under § 255-5.
LODGING MARKETPLACE
An entity that provides a platform through which an unaffiliated third party offers to rent a short-term rental to an occupant and collects the consideration for the rental from the occupant.
OWNER
The owner of a short-term rental.
PERSON
Includes 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 article 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 who is not the property owner and is authorized by the property owner, expressly or impliedly, to act as agent and as the local contact person on behalf of the property owner for one or more short-term rentals, and to take remedial action and promptly respond to any violation of this article or the City Code relating to the licensed premises.
RESIDENTIAL DWELLING
Any building, structure, or part of the building or structure that is used or intended to be used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others, as defined in Wis. Stats. § 66.1014(1)(b).
SHORT-TERM RENTAL
A residential dwelling that is offered for rent for a fee and for fewer than 30 consecutive days, as defined in Wis. Stats. § 66.0615(1)(dk).
[Amended 9-7-2022 by Ord. No. 2-2022/2023]
STATE
The State of Wisconsin Department of Health or its designee.
A. 
No residential dwelling may be rented for a period of six or fewer consecutive days.
B. 
No person may maintain, manage, or operate a short-term rental more than 10 nights each year without a short-term rental license. Every short-term rental shall be operated by an owner or property manager.
C. 
Each short-term rental is required to have or has applied for the following licenses and permits:
(1) 
A Sheboygan County tourist rooming house license;
(2) 
A seller's permit issued by the Wisconsin Department of Revenue pursuant to Wis. Stat. §§ 77.52(3m) and 77.523(1), unless the short-term rental is being offered for rent through a lodging marketplace that is registered with the State of Wisconsin and registered for a seller's permit with the Wisconsin Department of Revenue;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
A City license issued pursuant to the provisions of this section.
D. 
Each short-term rental shall comply with all of the following:
(1) 
No vehicular traffic shall be generated that is greater than normally expected in a typical residential neighborhood.
(2) 
There shall not be excessive noise, fumes, glare, or vibrations generated during the use.
(3) 
Nameplates or other signage shall not exceed one square foot. No other signage advertising the short-term rental is permitted on-site. Off-site advertising in media channels relating to the availability of the rental may take place only after the City and county licenses have been obtained.
(4) 
No recreational vehicles (RVs), campers, tents, or other temporary lodging arrangements shall be permitted on any residential dwelling unit site as a means of providing additional accommodations for paying guests or other invitees.
(5) 
Any activities conducted at a short-term rental shall be in compliance with all noise and other regulations of the City of Sheboygan Falls.
(6) 
All short-term rentals shall be subject to payment of the City of Sheboygan Falls room tax at the current applicable rate. Owners or property managers holding the short-term rental license for a residential dwelling unit are responsible for complying with all room tax requirements as set forth at Chapter 40, Finance and Taxation, Article III, Rooms or Lodging Tax, of this Code.
(7) 
Compliance with all applicable state, county, and local codes and regulations is required.
(8) 
A general building inspection by Sheboygan County is required prior to the initial issuance of a Sheboygan County tourist rooming house license or upon the transfer of ownership of the residential dwelling unit for continued short-term rentals.
(9) 
The owner's or property manager's contact information must be on file with the City Clerk at the time of application. The owner or property manager must be within 35 miles of the short-term rental property and must be available at all times the property is rented. The owner or property manager must notify the City within three business days of a change in management contact information for the short-term rental.
(10) 
Short-term rental licenses are issued for a one-year period and must be renewed annually, on July 1, subject to City approval or denial.
(11) 
The owner or property manager of the short-term rental shall have appropriate insurance for the residential dwelling that is used for short-term rental and provide proof of insurance with the license application and renewal.
(12) 
The owner or property manager of each short-term rental shall provide a guest register and require all guests to register their true names and addresses and rental time period(s) before being assigned sleeping quarters. The guest register shall be kept by the owner or property manager and available for inspection for at lease one year, as required by the Wisconsin Administrative Code. If the owner or property manager does not consent to inspection of the guest register, the register shall be subject to disclosure to an authorized official pursuant only to a proper search warrant, administrative subpoena, judicial subpoena, or other lawful procedure to compel the production of records that affords the owner or property manager an opportunity for precompliance review by a neutral decisionmaker.
(13) 
Upon probable cause to believe that a violation of this section, or of a law, code, rule or regulation relating to buildings, housing, electrical, plumbing, heating, gas, fire, health, safety, environmental pollution, water quality, food or zoning has occurred or is occurring, the City Building Inspector or a local health officer may request that the owner or property manager allow him or her, upon presenting proper identification, access to the short-term rental premises at any reasonable time for any of the following purposes: to determine if there has been a violation of this section, or of a law, code, rule or regulation related to the short-term rental or its operation; to determine compliance with previously written violation orders; to examine and copy relevant documents and records related to the operation of the short-term rental; or to obtain photographic or other evidence needed to enforce this section. As used in this subsection, "probable cause" means facts and circumstances within an officer's knowledge and of which he or she has reasonably trustworthy information that are sufficient to warrant a reasonable officer in believing that a violation has been or is being committed. If consent is refused, the Building Inspector or health officer may apply for a special inspection warrant issued under Wis. Stat. § 66.0119, or other warrant, subpoena or order as may be necessary or appropriate.
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.
A. 
All applications for a short-term-rental license shall be filed with the City Clerk on forms provided. Applications must be filed by the owner or duly authorized property manager. No license shall be issued unless the completed application is accompanied by payment of the required fee.
B. 
Each application shall include the following information and documentation for each short-term rental:
(1) 
A copy of the Sheboygan County tourist rooming house license issued under Chapter 17 of the Sheboygan County Code of Ordinances.
(2) 
For the initial issuance of a City license or upon change of ownership, a copy of a completed Sheboygan County tourist rooming house license application, including a property inspection report dated within one year of the date of filing the application with the City Clerk.
(3) 
Proof of homeowner's liability or business liability insurance for the short-term rental.
(4) 
A copy of a seller's permit issued by the Wisconsin Department of Revenue pursuant to Wis. Stat. §§ 77.52(3m) and 77.523(1), unless the short-term rental is being offered for rent through a lodging marketplace that is registered with the State of Wisconsin and registered for a seller's permit with the Wisconsin Department of Revenue.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(5) 
Floor plan and requested maximum occupancy.
(6) 
Site plan, including available on-site parking.
(7) 
Designation of the property manager, if any.
(8) 
Certification from the owner or property manager that the property meets the requirements of this article and that all property owners located within 200 feet of the short-term rental have been provided with the current name and contact information for the owner or property manager.
(9) 
A copy of "house rules", if any, applicable to the short-term rental.
C. 
License terms and filing date. Each license shall run for a term of one year commencing on July 1. The filing fee shall be paid upon filing of the application. The City Clerk may conditionally accept late applications, subject to payment of the late filing fee. Any application which does not include all information and documentation shall not be considered complete.
D. 
Application review procedure. When satisfied that the application is complete, the City Clerk shall forward initial applications for licenses to the City Administrator, or their designee, for review. If the City Clerk, in consultation with the City Administrator, determines that the application meets the requirements of this article, the City Clerk may approve the application. If the City Clerk, in consultation with the City Administrator, determines that the application does not meet the requirements of this article, the City Clerk may deny the application.
E. 
No license shall be issued if the applicant or property has outstanding fees, taxes or forfeitures owed to the City of Sheboygan Falls, unless arrangements for payment have been approved by the City Clerk.
A. 
Each application for a renewal of a license shall include updated information for the documentation on file with the City Clerk and payment of the applicable fee. The City Clerk shall verify that the information provided on the renewal application is complete and in accordance with the requirements of this article. The City Clerk shall request reports from the City of Sheboygan Falls Police Department regarding any judgments or convictions for ordinance violations occurred regarding the short-term rentals. The City Clerk shall issue renewal licenses within 30 days of the filing of the application unless the information provided is incomplete or otherwise not in compliance with the requirements of this article.
B. 
If the City Clerk finds that the license should not be renewed, the City Clerk shall deny the renewal in writing and provide the applicant with notice thereof.
C. 
No license shall be renewed if the applicant or property has outstanding fees, taxes or forfeitures owed to the City, or is under an order issued by the Building Inspector, or their designee, to bring the premises into compliance with City ordinances, unless arrangements for payment or property repairs have been approved by the City Clerk.
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.
A. 
Each owner or property manager shall file room tax returns for the short-term rentals and shall comply with all room tax requirements of Chapter 40, Article III, of this Code, unless room tax is collected and paid by a lodging marketplace.
B. 
All room tax returns and supporting documentation filed pursuant to Chapter 40, Article III, of this Code are confidential and subject to the protections provided under Wis. Stat. §§ 66.0615(3) and 77.61.
Each license shall be displayed on the inside of the main entrance door of each short-term rental.
A. 
The denial of any license application or renewal under this article may be appealed by filing a written appeal request with the City Clerk within 10 days of the City's notice of denial. The appeal shall be heard by the Public Health and Welfare Committee, which shall make a recommendation to the Common Council. The Common Council shall consider the application or renewal and recommendations and may approve or deny the application or renewal.
B. 
A license may be denied or revoked by the Common Council for one or more of the following reasons:
(1) 
Failure to make payment on taxes or debt owed to the City.
(2) 
Failure to make payment on any City of Sheboygan Falls room tax.
(3) 
Any violation of local, county or state laws or regulations which, based upon their number, frequency and/or severity, and their relation to the short-term rental property, its owner, tenant(s), occupant(s), or visitor(s), substantially harm or adversely impact the predominantly residential uses and nature of the surrounding neighborhood.
(4) 
Failure to maintain all required local, county, and state licensing requirements.
(5) 
Failure to comply with any applicable zoning regulations as described in Chapter 365, Zoning, of this Code.
C. 
Revocation. Any resident of or owner of property within the City may file a sworn written complaint with the City Clerk alleging one or more of the reasons set forth in § 255-11B as grounds for revocation of a short-term rental license issued under this article. Upon the filing of the complaint, the City Clerk shall notify the licensee of the complaint by certified mail, return receipt requested, and provide the licensee with a copy of the complaint. The notice shall direct the licensee to appear before the Public Health and Welfare Committee on a day, time and place included in the notice, not less than 10 days and not more than 45 days from the date of the notice, and show cause why his or her license should not be revoked. The Public Health and Welfare Committee shall conduct a due process hearing and issue a written recommendation to the Common Council concerning the revocation of the license. If the licensee appears at the hearing, they may produce and cross-examine witnesses, present relevant evidence, and be represented by counsel of their choosing, at their expense. The Common Council shall consider the complaint and the recommendation from the Public Health and Welfare Committee and may revoke, suspend, or approve the continuation of the license. If a license is revoked, the City Clerk shall give notice of revocation to the licensee by certified mail, return receipt requested. No part of the fee paid for any license so revoked may be refunded.
D. 
Judicial review. The action of the Common Council in granting or renewing, refusing to grant or renew, or revoking a license under this article may be reviewed by the Sheboygan County Circuit Court upon appeal by the applicant, licensee, or a resident of or owner of property within the City. Such appeal shall be filed within 30 days of the date of mailing by the City Clerk of the notice of the Common Council's action granting, renewing, refusing to grant or renew, revoking a license, or failing to revoke or suspend a license pursuant to a resident or owner complaint. The procedure on review shall be the same as in civil actions commenced in the circuit court pursuant to Wis. Stats. Chs. 801 to 807.
A. 
Any person who shall violate any provision of this article shall be subject to a penalty as provided in § 1-4 of this Municipal Code and the forfeiture amounts as provided for in the Bond Schedule for the City of Sheboygan Falls.
B. 
Penalties set forth in the section shall be in addition to all other remedies, including injunction, abatement, or assessment of costs or as otherwise provided by law.
[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.