Short Term Rentals (Airbnbs)
This work session will be a continuation of last month’s work session about short term rentals (i.e. Airbnbs). You can go back to prior posts to read about the issues with Airbnbs and how that work session went. The requests from council members – to limit the number of Airbnb licenses or require a permit so neighbors could speak up in opposition – those requests didn’t make it to the proposed ordinance changes.
But now that we’re in the off-season, businesses like Cozy B’s Family Diner and Heroes Venture Arcade may be wondering if 77 Airbnbs and 400+ vacation homes are enough to keep their doors open. Those Airbnbs could be housing 77 families instead of sitting empty through the winter when tourism stops.
Anyway, on to what’s being proposed at the work session, and the parts where we try to get creative instead of just doing what other cities have found successful…
Occupancy Limits
Maximum Capacity. The maximum capacity of a residential dwelling unit offered for rent as a short-term rental shall not exceed two individuals for every bedroom, plus four additional individuals.
Limiting to two people per bedroom is pretty normal in Door County cities, with children under one year old not counted.
What we’ve made up on our own is to add four people to the number of tenants. So that three-bedroom home next door to you? Imagine ten people in the backyard on vacation, being loud and having a good time until 10 pm, while you have to go to work and your kid has to go to school in the morning. And it’s a new group every week, all summer long.
What it should be: Up to two people per bedroom over the age of one year old.
Lighting Nuisance
- All outdoor lighting fixtures shall be fully shielded and light from such fixtures shall not exceed property boundaries of the short-term rental.
- All outdoor lighting fixtures shall be placed so as to not cause light trespass or light glare. All outdoor lighting should shine down.
- Flood or spot lamps must be aimed no higher than 45 degrees above straight down (halfway between straight down and straight to the side) when the source is visible from any off-site residential property or public roadway.
- Any lighting fixture installed on a residential property must be shielded such that the light source is not directly visible from any other residential property between the hours of 11:00 PM and 6:00 AM.
The first two are similar to what other cities are doing, but #3 and #4 completely contradict #1 and #2, making the whole thing useless. Other cities state that flood and security lamps should be on a motion sensor with a four-minute timer.
What it should be: All lighting should conform to #1 and #2. Security lighting should conform to #3 and be on a motion sensor with a four-minute shutoff timer. #4 should be removed.
Revoking Licenses
A license may be suspended, revoked, or not renewed following a due process hearing of the city council if the council determines that the licensee: (a) fails to comply with any of the requirements of this section; (b) owner(s) or renter(s) have been convicted of engaging in illegal activity while on the licensed premises on two or more separate occasions within the past 12 months; or (c) has outstanding fees, taxes, or forfeitures owed to the city. Any licensee which has had a license suspended, revoked, or not renewed for a property, pursuant to this subsection, may not reapply for a Short Term Rental license for said property for the license year following the year in which licensee’s license was suspended, revoked, or not renewed.
Nearly every other city says that two founded police calls are sufficient. If anyone at the property gets a warning or a ticket from the police, and that happens twice in a single year, the license can be revoked. We’ve made it two court convictions though, which is absurd.
Also, unlike every other city, we’ve made the City Council the only body that can suspend or revoke a license. Everywhere else, the licensing department has that authority. Nothing else in Two Rivers city government works that way.
What it should be: Two warnings/citations and the license can be revoked or suspended by the licensing department. The owner can appeal to City Council, and failing that can appeal to the Board of Appeals. This is how everything else in the city works.
Display of Info for Tourists
All short-term rentals shall display proof of a current inspection by the Manitowoc County Health Department, current license issued by the City of Two Rivers, contact information for the Two Rivers Police Department (non-emergency), fire department, property owner or property manager, and the Maximum Capacity.
In Door County, they’ve also created a “good neighbor” document that includes the things above, but also includes property lines so they don’t trespass, info about how to do recycling and garbage, and most importantly, how to act right in a residential neighbor.
What it should be: Include property lines and guidance on how to be a good neighbor.
Removal of Intent of Single-Family Zoning
Subsection 10-1-20A. of the Municipal Code of the City of Two Rivers, Wisconsin, listing permitted uses in the R-1 Single Family Residence District, is hereby amended to include the following subsection: (14) Short Term Rentals, as that term is defined by Section 6-13-1.
The intent of single family zones in Two Rivers (since probably the 1930s) has been to have homes with a single family unit and one guest (like a mother-in-law). The ordinance currently states: “Not more than three boarders or lodgers not members of the family.”
The city lawyer states that it’s unenforceable and confusing, yet “family” is a common term in our state law. The intent is clear – the house is for a single immediate family and keep homes from turning into a massive boarding house.
So now the city is going to remove both the language and the intent of our zoning law, stripping away protections that have shaped our neighborhoods for generations. Want a white picket fence, a family next door, kids playing in the neighborhood, and peace and quiet? Too bad… You get ten new tourists next door every week so a real estate investor can make a huge profit.
What it should be: Like many other cities across Wisconsin and the entire country, Airbnbs in single-family zoning should be owner-occupied as their primary residence.
Final Word
As Airbnbs spread, they push families out, drive up house prices, and turn our neighborhoods into motels for tourists. The rise of vacation rentals is changing the character of your city, making it harder for families to stay rooted and for new families to settle in.
Now is the time to tell your city council to make the necessary changes to keep Two Rivers from being bought up by Airbnb investors and turned into a poor man’s Door County…
- Occupancy Limits – Two people per bedroom over the age of one, without adding extra guests beyond that.
- Lighting Regulations – All lights must be fully shielded, and security lighting must be on a motion sensor with a four-minute shutoff timer.
- License Revocation – Two police warnings or citations are be enough to revoke a license. The licensing department, not the City Council, should handle suspensions.
- Tourist Good Neighbor Display – Require short-term rentals to display a good neighbor guide with property lines, garbage and recycling info, and neighborhood expectations.
- Single-Family Zoning Protections – Short-term rentals in single-family zones should be owner-occupied as a primary residence, just like other cities in Wisconsin and across the country.
It’s time to tell the council how you feel.
Because the Airbnb owners and realtors are doing it right now.
https://www.two-rivers.org/citycouncil/webform/contact-council
Meeting Agenda Packet
You can read the full packet that council members get here:
https://mccmeetings.blob.core.usgovcloudapi.net/tworivrswi-pubu/MEET-Packet-67a615ae2d2048929a25e16cef38f0b3.pdf
