Ordinance #20201111-1, Regulating Short-Term Rentals within the TOC

Town of Clover

Ordinance #20201111-1, Regulating Short-Term Rentals within the Town of Clover

 

Whereas, the Town of Clover Board of Supervisors finds that it is in the best interests of the citizens to regulate short-term rentals within the Town of Clover, and

Whereas, short-term rentals can be beneficial to the community and citizens, and

Whereas, in furtherance of the health, safety, and welfare of the public, the Town of Clover Board finds it in the best interest of the Town of Clover to establish a licensing process applicable to short-term rentals within the Town of clover.

 

Now, therefore, BE IT HEREBY ORDAINED by the Town of Clover, Bayfield County:

 

Section I.        Authority

 The Town Board of the Town of Clover, Bayfield County, Wisconsin has the authority under its village powers under §60.22, Wis Stats., and the specific authority under §66.1014 Wis. Stats., to adopt this ordinance.

 

Section II.      Definitions

 “Short-term Rental (STR)” means lodging places other than hotels, motels, and bed and breakfast establishments in which sleeping accommodations are offered for pay for a period of less than 29 consecutive days. Common examples include homes, cabins, cottages, apartments, tents, yurts, and rooms rented as sleeping accommodations. 

  1. “Town of Clover STR License” means the license required if the rentals are for six days or less and total more than 10 days a year. The License required by this Ordinance is issued by the Town Clerk, subject to Town Board review.
  2. “STR License Year” means July 1 to June 30 of the following year.
  3. “STR License Conditions” means those conditions listed on the STR License issued by the Town of Clover. Conditions may regulate, among other things, parking, quiet hours, and local contact information for the owner or agent.
  4. “Special Use or Conditional Use Permit” means a Bayfield County Permit issued by the Bayfield County Zoning Department.
  5. “Lodging License” means a tourist Rooming House License required by the Wisconsin Department of Agriculture and Consumer Trade Protection (DATCP). This license is issued by the Bayfield County Health Department on behalf of DATCP.
  6. “Guest Register” the official record required by the DATCP. STR guests must list their names and addresses before being assigned sleeping quarters.  The guest register must be maintained for one year.
  7. “Seller’s Permit” means the sales tax permit required by the Wisconsin Department of Revenue.
  8. “Property Owner” means the owner of the STR.
  9. “Property Manager” means a person authorized by a property owner to act as agent and local contact person for the STR.

 

Section III.  Written application Required

The property owner desiring to operate a STR as defined in Section II B of this Ordinance within the Town of Clover must complete and file with the Town Clerk, on the form provided by the Town Clerk, the following information:

  1. The property owner’s name, address, phone number, and e-mail address.
  2. If applicable, the property manager’s name, address, telephone number, and e-mail address.
  3. A copy of a Special Use or Conditional Use permit from the Bayfield County Zoning Office.
  4. A copy of a Lodging License from the Bayfield County Health Department.
  5. A copy of the Seller’s Permit from the Wisconsin Department of Revenue, if the owner states that all sales tax is collected by a third-party, such as an internet platform, the Seller’s Permit requirement is waived.
  6. The Town of Clover License Fee.

Initial STR License applications may be submitted at any time during the year.

 

Section IV.     License Renewal

 All STR Licenses expire on June 30 of each year.  A written application for a STR License renewal must be submitted to the Town Clerk, on the form provided by the Town Clerk, between April 1 and May 31.  License fees shall accompany the renewal application.

 

Section V.      License Issuance

 The Town clerk will issue the STR License to the property owner.  The STR License application form, once signed by the designated Town of Clover official becomes the STR License and must be posted inside the STR property.

 

Section VI.     License Conditions

 License conditions may be set by the Town Board and will be listed on the TSTR License.

 

Section VII.   License Denial and Revocation

 An application may be denied, or a license revoked by the Town Board if:

 Information submitted is incorrect or incomplete.

  1. Fees have not been paid.
  2. Real estate property taxes are not paid as required by law.
  3. A STR is not suitable for the proposed location.
  4. The STR poses a threat to the public health, safety, and welfare or that it is inconsistent with the Town of Clover Comprehensive Plan.
  5. Failure to follow license conditions.
  6. Revocation of the Special Use or Conditional Use Permit by the Bayfield County Zoning Department.
  7. Revocation of the Lodging License by the Bayfield County Health Department.

 

Section VIII.  Fees and Penalties

 Initial STR License fee: Permit fees shall accompany the permit application.  The initial STR License fee to be set by the Board of Supervisors annually, not to exceed $500.

  1. Renewal License fee: Renewal License fees shall accompany the renewal application.  The renewal License fee to be set by the Board of Supervisors annually, not to exceed $500.
  2. A renewal application submitted after May 31 will have a late fee of an additional 50% of the then current renewal fee.
  3. Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this Ordinance shall, upon conviction, pay a forfeiture of not more than $500.00 plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this Ordinance.  In addition, the Town Board may seek injunctive relief from a court of record to enjoin further violations.

 

Section IX.     Effective Date

Adopted this 11th day of November 2020

Effective date:  November 12, 2020

 

Beverly M. Steele, Chairperson          11/11/20

Sheryl Isaksson, Supervisor                11/11/20

Barb Rebak, Supervisor                       11/11/20

 

Attested this 11th day of November 2020 by:

Tracy Gillespey, Clerk                          11/11/20

 

TC Ordinance #20201111-1 Regulating Short-Term Rentals within the Town of Clover

Created:  11/3/2020; Revised 11/11/20

 

Posted in Ordinances