(a)

The following terms shall be defined for purposes of this section as stated below:

(1)

Remuneration: The compensation, money, rents or other bargained given in return for occupancy, position or use of real property,

(2)

Transient commercial lodging uses: The use by any person of property residential purposes including for bed and breakfasts, hostels, hotels, inns, lodging, motels, resort or other similar uses. For purposes of this section, properties used for residential purposes shall include properties that are zoned for residential purposes, as well as those which allow for residential use because they are authorized for use based upon being legally non-conforming, conditional uses, mixed uses or as authorized as part of a planned unit development ordinance.

(b)

Transient lodging uses: Transient lodging uses for remuneration are prohibited in the residential zoning districts of the village or where legal residential uses are occurring including legal non-conforming property, conditional uses, mixed use, or residential uses allowed as part of a planned unit development ordinance, where the period of each individual use is less than three days. Any person acting as an agent, real estate broker, real estate sales agent, property manager, reservation service or arranges or negotiates for the use of property for residential purposes or transient lodging uses, or any person who uses or allows the use of property for residential purposes in this manner shall be considered in violation of this section. Each day in which such residential use is used or allowed to be used in violation of this section shall be considered a separate offense. Any rental of single-family property for camping purposes is prohibited.

(c)

Any person who maintains, manages or operates a short-term rental (which means a residential dwelling that is offered for rent for a fee and for fewer than 30 consecutive days, or such rentals occur for more than ten nights each year) shall do the following:

(1)

Obtain from the Department of Agriculture, Trade and Consumer Protection a license as a tourist rooming house as defined in Wis. Stats. § 97.01(15k) when required by said statute; and

(2)

Any person who maintains, manages or operates a short-term rental as defined in this subsection shall obtain from the village a short term rental license as provided for in section 40.471(e). The village shall establish a license fee from time to time based on the village's actual cost of issuing and monitoring said license. The village board shall establish such license fee by resolution from time to time.

(d)

Short term rental license. The village clerk shall issue a short-term rental license if an applicant follows the procedures set forth in section 40.471(e) and demonstrates compliance with the provisions of this section 40.471 of the Village Code. A short term rental license is issued for one license year, and may be renewed annually as provided for in this section. The short term license shall contain the following information:

(1)

The name of the property owner, with contact information including mailing address and a telephone number at which the property owner is available.

(2)

The license term.

(3)

The State of Wisconsin tourist rooming house license number.

Upon issuance, a license-holder shall provide a copy of this Code section and a copy of the license to all parties using the property for short term rental use, prior to the commencement of each such use.

(e)

Short term rental license application, renewal, and revocation procedure.

(1)

Applications. All applications for short term rental licenses shall be filed with the village clerk. No license shall be issued unless a completed application form is accompanied by payment of the required application fee, which fee shall be nonrefundable. Each application shall include the following information and documentation for each short-term rental unit in order to demonstrate compliance with the requirements of this section:

a.

The name of the property owner, with contact information including mailing address and a telephone number at which the property owner is readily available.

b.

The street address of the property proposed to be made available for short term rental use.

c.

A description of the premises proposed to be made available for short term rental use.

d.

A copy of the Department of Agriculture, Trade and Consumer Protection tourism house license, as defined in Wis. Stats. § 97.01(15k), in effect during the short term license year.

e.

Written certification by the property owner that the short-term rental meets the following requirements:

i.

All short term rental properties shall be subject to and comply with Wisconsin Administrative Code ATCP 72, which is hereby fully incorporated by reference;

ii.

A minimum of one off-street parking stall shall be provided for every guest bedroom with a minimum of three parking stalls required. All parking areas shall meet the applicable size and location requirements of the Village Code, and shall be hard-surfaced and maintained in a reasonably dustless condition;

iii.

If the property owner resides within five miles of the short-term rental property, a local property manager is not required to be designated. The property owner shall be available at all times when the property is rented. The property owner must notify the village clerk within three business days of any change in the property owner's contact information and submit the revised contact information to the village clerk within the same time period.

iv.

Unless the property owner resides within five miles of the short-term rental property, a local property manager must be designated for contact purposes and his or her name must be included on the application filed with the village clerk. The local property manager must reside within five miles of the short-term rental property and shall be available at all times when the property is rented. The property owner must notify the village clerk within three business days of any change in the property manager's contact information for the short-term rental and submit the revised contact information to the village clerk within the same time period. For purposes of this paragraph, "property manager" shall be defined as 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 rental, and to take remedial action and promptly respond to any violation of this chapter or the Village Code relating to the licensed premises.

v.

Sleeping quarters related to a short term rental shall only be located within the principal structure on a lot. Accessory buildings shall not be used for sleeping quarters;

vi.

Occupancy limits shall not exceed the number of occupants allowed in Wisconsin Administrative Code Section ATCP 72.14(2)(b) per bedroom, and also shall not exceed eight per 1,000 square feet of living area within the principal structure;

vii.

A short term rental property shall not have more people on site than the higher of 20 people or the maximum number of people allowed under Wisconsin Administrative Code Section ATCP 72.14(2)(b).

viii.

The property boundaries shall be reasonably delineated by approved fences, vegetation or other means to ensure that all users can identify the boundaries of the property and can accordingly confine their use to the licensed parcel;

ix.

All refuse containers shall be screened from public view, as required by any applicable zoning or building code requirements

x.

In addition to possible revocation of the short term rental license provided in this section, any failure by the license holder, after the issuance of a license, to adhere to the requirements of this section 40.471(e)(1)e. shall be considered violations of this section and shall be enforced in accordance section 1.102 of the Village of Pewaukee Municipal Code. Each day that a violation occurs shall be considered a separate violation and will be enforced accordingly.

(2)

[Filing.] Upon the filing of an application pursuant to this section, and prior to the issuance of any license, the property described in the application shall be inspected by the police department, fire department, and building inspector to investigate and determine if the property is in compliance with applicable state, county, or local statutes, ordinances, rules or regulations including, but not limited to, this section 40.471. Each department conducting such an inspection shall provide a written report to the village clerk confirming compliance or, alternatively, detailing any observed violations. Any observed violations shall be corrected by the applicant prior to the issuance of any license. In the event the applicant fails to correct any observed violations or if the property fails to meet the requirements of section 40.471(e)(1)e., the village clerk shall deny the application for a license. In no event shall a license be issued, and any issued license shall be deemed suspended, when the property which is the subject of the license is under an order issued by the building inspector to bring the premises into compliance with state, county, or local statutes, ordinances, rules or regulations.

(3)

Renewal. Each application for a renewal of a short term rental license shall include all information and documentation required as part of the original application in an updated form and payment of a renewal fee which shall be nonrefundable. A renewal application and the applicable fee must be filed with the village clerk at least 45 days prior to the license expiration date in order to allow the village clerk adequate time to review and investigate the application. No renewal license shall be issued unless a completed application form is accompanied by payment of the required application fee. Upon the filing of a renewal application pursuant to this section, and prior to the issuance of any renewal license, the property described in the application shall be inspected by the police department, fire department, and building inspector to investigate and determine if the property is in compliance with applicable state, county, or local statutes, ordinances, rules or regulations including, but not limited to, this section 40.471. Each department conducting such an inspection shall provide a written report to the village clerk confirming compliance or, alternatively, detailing any observed violations. Any observed violations shall be corrected by the applicant prior to the renewal of any license. In the event the applicant fails to correct any observed violations or if the property fails to meet the requirements of section 40.471(e)(1) e., the village clerk shall deny the application for a renewal license. Additionally, the village clerk may request reports from the police department, fire department, and building inspector regarding any enforcement actions occurring at the property in the preceding short term rental license year. The clerk shall review the application and any enforcement actions and may approve or deny the application after considering the number, frequency, and/or severity of any previous enforcement action related to the property, and whether the conduct related to the previous enforcement action substantially harms or adversely impacts the predominantly residential uses and nature of the surrounding neighborhood. If the village clerk determines to deny an application to renew the license, the clerk shall notify the applicant in writing of the reason(s) for such decision and the applicant's right to appeal to the village board as provided in this section. In no event shall a renewal license be issued, and any issued license shall be deemed suspended, when the property which is the subject of the license is under an order issued by the building inspector to bring the premises into compliance with state, county, or local statutes, ordinances, rules or regulations.

(4)

Revocation. A short term rental license may be revoked by the Village board, after notice to the licensee and a hearing, during the term of a license year and for one or more of the following reasons:

a.

Failure by the licensee to make payment of delinquent fees, taxes, special charges, forfeitures, or other debt owed to the Village

b.

The issuance of three or more total citations during any short term rental license year for violations of the Municipal Code of the Village of Pewaukee occurring at the licensed property. For purposes of this subsection, the total number of citations related to the licensed property shall be considered for the necessary calculation, notwithstanding whether such citations are issued to the license holder or a user of the property for short term rental use.

c.

Failure by the licensee, at any time, to adhere to any requirements certified pursuant to section 40.471(e)(1)e.

Any resident of the village, or the village of its own accord, may file a sworn written complaint with the village clerk alleging one or more of the reasons set forth in this section as grounds for revocation of the short-term rental license. Upon filing of the complaint, the village clerk shall notify the licensee of the complaint by certified mail, return receipt requested and provide the licensee with a copy of the complaint. Such notice shall also contain the time and place of the hearing before the village board on said complaint and consideration of revocation under this section. Any hearing under this section shall be held no sooner than ten days after the notice required by this section is mailed to the licensee.

(5)

Appeal. The village clerk's decision to deny an initial license or to deny renewal of a license may be appealed to the village board by filing a written appeal with the clerk within 30 days after the date of mailing of the written notice of the village clerk's decision. The village board shall hold a hearing within 30 days of the village's receipt of the written appeal, or the license shall be deemed granted. The village clerk shall provide written notice of the date, time, and place of any appeal hearing to the licensee by certified mail return receipt requested. Any hearing under this section shall be held no sooner than ten days after such notice is mailed to the appellant. If the village board finds the village's clerk's reasons for his or her decision sufficient, the decision shall be affirmed. If the village board finds the village clerks' reasons for his or her decision insufficient, the decision shall be reversed and the license shall be granted and issued. The village board shall provide appellant a written decision specifying the reasons for its determination, and provide such written decision to the appellant within ten days of such determination.

(6)

Restrictions on license transfers. Transfer of a short term license because of transfer or sale of the licensed property is not permissible. Should the licensed property be sold, transferred, or otherwise conveyed by the named applicant, then the issued license shall become void. Whenever a property changes ownership, a new license shall be required to ensure compliance with all applicable state and local laws and ordinances.

(f)

Violations of this section shall be enforced in accordance section 1.102 of the Village of Pewaukee Municipal Code. Each day that a violation occurs shall be considered a separate violation and will be enforced accordingly.

(Ord. No. 2010-16, § I, 12-21-2010; Ord. No. 2023-02, §§ I—VI, 4-5-2023; Ord. No. 2023-16, §§ I, II, 9-5-2023)

Editor's note— Ord. No. 2010-16, § I, adopted Dec. 21, 2010, set out provisions intended for use as § 40.459. Inasmuch as there were already provisions designated as such, these provisions have been redesignated as § 40.471 at the editor's discretion.