HomeMy WebLinkAboutItem V PLAN COMMISSION STAFF REPORT DECEMBER 18,2018
ITEM V: PUBLIC HEARING: TEXT AMENDMENTS RELATED TO ESTABLISHMENT
OF SHORT TERM RENTALS WITHIN SECTION 30-74 AND 30-78 OF THE
ZONING ORDINANCE
GENERAL INFORMATION
Applicant: Department of Community Development
Actions Requested:
The City of Oshkosh Department of Community Development requests review and approval of
amendments to the Oshkosh Zoning Ordinance.
Applicable Ordinance Provisions:
Section 30-380 of the Zoning Ordinance establishes the ability of the Common Council, on its own
motion or on petition after first submitting the proposal to the City Plan Commission, to amend,
supplement or change Zoning District boundaries or regulations of the Zoning Ordinance.
BACKGROUND INFORMATION
The City of Oshkosh is proposing updates to the zoning ordinance based on changes enacted by
the State legislature under Act 59. Under Act 59 the State defines short term rentals and limit
municipality's authority to regulate them. It also establishes standards related to room tax
requirements for short term rentals. To adopt these changes at the local level, staff is proposing
changes to the City's zoning code to remove vacation rental homes and define short term rentals.
ANALYSIS
Staff proposes amendments to the following Zoning Ordinance code sections:
Amend Section 30-74 Table of Land Uses, Commercial section by deleting item 14 Vacation Rental
Home and creating new item 14 Short Term Rental being permitted in all zoning classifications.
Existing
Proposed
IP ' P TP P ' P ! 1P PIT' (14) Short Term Rental
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Delete Section 30-78(N)Vacation Rental Home and create new 30-78(N) Short Term Rental.
Existing
guests, .nY c : or : not ' '-- ie far p / to o f the year.` hese uses are
1 J rY � mw nor �. ...�,.-,.......far�...�..r .. --I-_ -
longereff-p—n- Fe-fe-pred to as vacation rentals and include timeshare LUIAS. XATI,
...eye such units are
available for lease for pe-riods of time =b '
such uses sha4l not,
be considered'1.1'aca Rental—Homes, but �I�stea��-e C�3�,.r1£I-X.'Fed 9;—,,.gle Faint,
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a .rY-mg IH4
Proposed
(N) Short Term Rental: A residential dwelling unit that is offered for rent for a fee and for fewer
fluor 29 consecutive days, as def-ted in Wis.Stat Sec.66.0615(1)(dk)
Regulations related to Short Term Rental can be found u18-12 of the Municipal Code of the
City of Oshkosh:
The proposed ordinance changes related to short term rentals include a zoning change defining
short term rentals(a residential dwelling unit offered for rent for a fee for fewer than 29 consecutive
days) and including short term rentals as a permitted use in all zoning districts.
In addition to the zoning changes, a new provision in chapter 8 will include licensing of short term
rentals. Anyone renting out a residential dwelling for more than 10 nights per year will be required
to obtain a short term rental license.
Staff feels that the proposed amendments to the Zoning Ordinance will address the changes with
the state law and ultimately strengthen the Code.
RECOMMENDATION
Staff recommends that the Plan Commission recommend approval of the proposed amendments
to the Oshkosh Zoning Ordinance.
Item V-STR Text Amendments-Zoning Ordinance 2
8-1.2 SHORT TERM RENTALS
(A) Purpose.
The purpose of this Article is to ensure that the quality of short-term rentals
operating within the City is adequate for protecting public health, safety and
general welfare, including establishing minimum standards of space for human
occupancy and for an adequate level of maintenance; determining the
responsibilities of owners, operators and property managers offering these
properties for tourists or transient occupants, to protect the character and stability
of all areas, especially residential areas, within the City of Oshkosh; to provide
minimum standards necessary for the health and safety of persons occupying or
using buildings, structures or premises;and provisions for the administration and
enforcement thereof.
(B) Definitions.
(1) For the purpose of administering and enforcing this Article, the terms or words
used herein shall be interpreted as follows:
(a) Words used in the present tense include the future.
(b) Words in the singular number include the plural number.
(c) Words in the plural number include the singular number.
(2) The following definitions and conditions apply unless specifically modified:
Department of Community Development. The City Department of Community
Development of the City of Oshkosh or designee.
Corporate Entity: A corporation, partnership, limited liability company, or sole
proprietorship licensed to conduct business in this state.
Dwelling Unit: One (1)or more rooms with provisions for living, cooking, sanitary,
and sleeping facilities and a bathroom arranged for exclusive use by one (1)
person or one (1) family. Dwelling Units include residential, tourist rooming
house, seasonal employee housing and dormitory units.
License. The Short-Term Rental License issued under 8-1.2
Owner. The owner of a short-term rental.
Person. Shall include 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
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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.
Resident Agent. Any person appointed by the owner of a short-term rental to act as
agent on behalf of the owner.
Short Term Rental. A residential dwelling unit that is offered for rent for a fee and
for fewer than 29 consecutive days, as defined in Wis. Stat. Sec. 66.0615 (1)(dk).
State. The State of Wisconsin Department of Health, or its designee.
(C) Operation of Short-Term Rentals.
(1) 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 a Property Owner or a Resident Agent
(2) Each short-term rental is required to have the following licenses and permits:
(a) A Winnebago County Tourist Rooming House License or Winnebago
County Bed and Breakfast License;
(b) A seller's permit issued by the Wisconsin Department of Revenue;
(c) A Room Tax Permit; and
(d)A permit or license issued pursuant to the provisions of this Article.
(3) Each short-term rental shall comply with all of the following:
(a) The total number of days within any consecutive 365-day period that
the dwelling may be rented shall not exceed 180 days.
(b) No vehicular traffic shall be generated that is greater than normally
expected in the residential neighborhood.
(c) There shall not be excessive noise, fumes, glare, vibrations generated
during the use.
(d) Name plates or other signage shall not exceed zoning code allowances
for Building Management Identification Sign. 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 all City,County and State permits and licenses
have been obtained.
(e) The number of occupants in any unit shall not exceed the limits set forth
in the State of Wisconsin Uniform Dwelling Code and other applicable
county and City housing regulations based upon the number of
bedrooms in each unit.
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(f) No recreational vehicles(RVs),camper,tent,or other temporary lodging
arrangement shall be permitted on site as a means of providing
additional accommodations for paying guests or other invitees.
(g) Any outdoor event held at the short-term rental shall last no longer than
one day occurring between the hours of 8:00 a.m. and 10:00 p.m. Any
activities shall be in compliance with other noise regulations of the City.
(h) All rentals of the short-term rental shall be subject to payment of the
City of Oshkosh room tax at the current applicable rate. Permit holders
are responsible for complying with all regulations of the room tax.
(i) Compliance with all state, county, and local regulations is required.
(j) A short-term rental license will not be issued until the following
jcontingencies have been met:
(1) County health department inspection completed and license
issued;
(k) Short-term rental licenses are issued for one year period and must be
renewed annually subject to City approval or denial.
(D) Short-Term Rental License.
(1) The Department of Community Development 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 also
contain the following information:
(a) Identify the Property Owner;
(b) Identify the Resident Agent with contact information;
(c) The maximum occupancy for the premises;
(d)The license term;
(e) State lodging license number, if any; and
(f) Contact information for the City.
(2) The Department of Community Development shall issue a property manager
license to all applicants following the approval of the application and the filing of
all documents and records required under this Article.
(3) The resident agent must be authorized to allow City employees, officers and their
designees, to enter the owner's property for purposes of inspection and
enforcement of this Article and the Municipal Code.
(E) Short-Term Rental License Procedure.
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(1) All applications for a short-term rental license shall be filed with the Department
of Community Development on forms provided.Applications must be filed by the
property owner or on the owner's behalf by the Resident Agent. No permit shall
be issued unless the completed application form is accompanied by payment of
the required fee.
(2) Each application shall include the following information and documentation for
each short-term rental unit:
(a) Winnebago County License for a Tourist Rooming House License or Bed
and Breakfast License issued under Wis. Stat. Sec. 254.64;
(b) A copy of a completed State Lodging Establishment Inspection form
dated within
(c) one (1) year of the date of issuance or renewal;
(d) Seller's Permit from the Department of Revenue, if any;
(e) Floor plan and requested maximum occupancy;
(f) Site plan including available onsite parking;
(g) Designation of the Resident Agent(if applicable);
(h) Certification from the owner or licensee that the property meets the
requirements of this Article;
(3) Terms and Filing date. Each permit and license shall run during a calendar year.
The filing fee shall be paid upon filing of the application. The Department of
Community Development may conditionally accept late applications, subject to
payment of the late filing fee. Any application which does not include all of the
information and documentation shall not be considered as complete.
(4) Application Review Procedure. When satisfied that the application is complete,
the Department of Community Development shall forward initial applications for
permits and licenses to the appropriate City Departments for review. If the
Department of Community Development in consultation with City staff
determines that the application meets the requirements of this Article, they may
approve the application. If the Department of Community Development in
consultation with City staff determines that the application does not meet the
requirements of this Article, they may deny the application.
(F) Renewal.
(1) Each application for a renewal of a permit or license shall include updated
information for the documentation on file with the Department of Community
Development and payment of the applicable fee. The Department of Community
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Development shall verify that the information provided on the renewal
application is complete and in accordance with the requirements of this Article.
The Department of Community Development shall request reports from the City
of Oshkosh Police regarding any complaints received, calls for service or actions
taken regarding the short-term rental properties. The Department of Community
Development shall issue renewal licenses within thirty(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 and/or the reports from the Police
Department and the Zoning Administrator indicate that there are complaints or
actions involving the property.
(2) If the Department of Community Development finds that the license or permit
should not be renewed, the Department of Community Development shall deny
the renewal.
(3) No permit or 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 his designee, to bring the premises into compliance with
City ordinances, unless arrangements for payment have been approved by the
Department of Community Development.
(G) Resident Agent.
(1) All short-term rentals are required to appoint a Resident Agent for the receipt of
service of notice of violation of this Article's provisions and for service of process
pursuant to this Article. Such a designation shall be made by the owner and shall
accompany each application form. Said applicant shall immediately notify the
Department of Community Development of any change in residence or
information regarding the Resident Agent.
(2) To qualify as a Resident Agent the person must meet the following requirements:
(a) The applicant is authorized by owner to accept service of process for all
City communications, citations and orders.
(3) Each Resident Agent shall be authorized by the property owner to act as the agent
for the owner for the receipt of service of notice of violation of this Article's
provisions and for service of process pursuant to this Article and shall be
authorized by the owner to allow City employees, officers and their designees, to
enter the owner's property for purposes of inspection and enforcement of this
Article and/or the City Municipal Code.
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(H) Standards for Short-term Rentals.
(1) Each short-term rental shall comply with this Article's requirements or any other
applicable City ordinance. Each short-term rental shall comply with the following
minimum requirements:
(a) Not less than one (1)bathroom for every six (6) occupants;
(b) Not less one hundred fifty (150) square feet of floor space for the first
occupant thereof and at least an additional one hundred (100) square
feet of floor space for every additional occupant thereof; the floor space
shall be calculated on the basis of total habitable room area. Floor space
is determined using interior measurements of each room. Floor space
does not include kitchens, bathrooms, closets, garages, or rooms not
meeting Uniform Dwelling Code requirements for occupancy. The
maximum occupancy for any premises without a separate enclosed
bedroom is two (2) people;
(c) Not less than one (1) onsite off-street parking spaces for every four (4)
occupants based upon maximum occupancy;
(d)A safe, unobstructed means of egress 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 362 of the
Wisconsin Administrative Code;
(f) Shall not have an accessible wood burning fireplace unless the property
owner provides a certificate from a certified HVAC/Fireplace Installer
or technician, dated not more than thirty (30) days prior to submission,
certifying that the fireplace and chimney have been inspected and are in
compliance with National Fire Prevention Association Fire Code
Chapter 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,heating, or any other purpose on any balcony,
deck or under any overhanging structure or within ten (10) feet of any
structure;
(h) Certification of compliance.As a condition of issuance of a license under
this Article, the Owner/Resident Agent shall certify that property is in
compliance with the terms and conditions of the license and this Article.
(I) Room Tax.
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(1) Each short-term rental shall comply with the room tax reporting requirements of
the City Municipal Code Chapter 8-1.1
(2) All tax returns and supporting documentation filed with the Department of
Community Development are confidential and subject to the protections provided
under City Municipal Code 8-1.1and Wis. Stat. Sec. 66.0615 (3) and Wis. Stat. Sec.
77.61.
(J) Display of Permit.
Each license or permit shall be displayed on the inside of the main entrance door
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of each short-term rental.
(K) Appeal and License Revocation.
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(1) The denial of any license or permit application or renewal under this Article may
be appealed by filing a written appeal request with the Department of Community
Development within ten (10) days of the City's notice of denial. The appeal shall
be heard by the Board of Appeals.
(2) A license may be revoked for one or more of the following reasons:
(a) Failure to make payment on taxes or debt owed to the City;
(b) Failure to make payment on the City of Oshkosh room tax;
(c) Three (3) or more calls for police service, building inspection or the
health department for nuisance activities or other law violations in a
twelve (12) month period as defined in Sec. 17-38.1, Chronic Nuisance
Premises;
(d) Failure to obtain all necessary county and state permits and licenses
within twelve (12) months of obtaining the City license;
(e) Failure to maintain all required local, county, and state licensing
requirements;
(f) Failure to use the property as a short-term rental within twelve (12)
months of obtaining the City license;
(g) Any violation of local, county, or state laws that substantially harm or
adversely impact the predominantly residential'uses and nature of the
surrounding neighborhood.
(L) Penalties.
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(1) Any person who shall violate any provision of this Article shall be subject to a
penalty as provided in Chapter 8-1.06
(2) Penalties set forth in this section shall be in addition to all other remedies of
injunction, abatement or costs whether existing under this Article or otherwise.
(M) Fees.
Fees for licenses required by this Article are due and payable before issuance of a
new license and renewal license annually before January 1 of each year. All frees
for these services will be listed on the Planning Services Division fee schedule and
will be established by resolution.
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