Plan Commission recommends short-term rental zoning change to council after legal review

The Verona Plan Commission on Dec. 1 voted to recommend that the common council adopt a text amendment to section 13-1-133(e) of the zoning ordinance addressing short-term rentals, after staff described new legal limits on some municipal restrictions.

"Given the recent ruling in court case, Wisconsin Realtors Association Incorporated versus the city of Neenah, the city can no longer require that a short term rental be the owner's primary residence," staff said during the presentation. Staff said the city attorney and staff have drafted a proposed licensing approach to be considered by the public safety and welfare committee and then the common council next week; the license would provide more regulatory flexibility than an ordinance amendment alone.

Commissioners asked for clarification about what the change covers. Commissioner Henker asked whether accessory dwelling units would be included; staff replied that the language applies to any dwelling unit, including ADUs, condominiums and single-family houses, and that renters would be excluded from offering the dwelling as a short-term rental under the proposed wording.

Commissioner Powers moved that the commission recommend the council approve the modified ordinance language (the packet reflected a minor wording change from "of" to "or"); Commissioner Taylor seconded and the motion passed by voice vote. Staff said the license language will be on the council agenda next Monday.

The commission's action is a recommendation; council action and any subsequent licensing ordinance or program will determine the city's final regulatory approach.