Municipalities – Zoning

Wisconsin Court of Appeals

Civil

Municipalities – Zoning

Short-term rental is a permitted use for property in a single-family residential district under the City of Cedarburg’s zoning code.

“The present case is almost exactly like Harding. While the short-term occupants of the homes here will not have a long-term ownership interest as in Harding, they will purchase a short-term lease. Other than this difference, the cases are essentially the same. The properties here are designed for use by one family, just like the property in Harding. The Ordinance here permits single-family dwellings in a single-family residential zone, just like in Harding. And, just like in Harding, only one family will use each home at a time. The Ordinance here, like the one in Harding, does not require occupancy over a period of time. We must construe the Ordinance in favor of the free use of property and cannot impose time/occupancy restrictions or requirements that are not in the zoning scheme.”

Affirmed.

Recommended for publication in the official reports.

2014AP62 Heef realty & Investments, LLP, v. City of Cedarburg

Dist. II, Ozaukee County, Malloy, J., Neubauer, J.

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