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Middleton, WI Short-Term Rentals: Occupancy Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Occupancy formula
Lesser of 2x bedrooms or 12
Child exemption
Under 12 not counted
Guest Register
Kept 1 year, City-inspectable
License needed
Annual City STR License
Revocation trigger
More than 2 violations

Summary

Middleton caps overnight guests at a Short-Term Residential Rental to twice the number of legal bedrooms or twelve people, whichever is lower, under Zoning Code Section 10.03.28(26)(b)3.f. Children under twelve do not count toward the cap, and the limit applies on top of the City's separate annual STR licensing requirement.

f.Maximum tourist or transient occupancy shall not exceed the lesser of two (2) times the number of legal bedrooms in the dwelling unit or twelve (12). Children under the age of twelve (12) shall not count toward the maximum tourist occupancy.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).

Full Breakdown

f, part of the Property Management Requirements for a Short-Term Residential Rental, sets the occupancy ceiling at the lesser of two times the number of legal bedrooms in the dwelling unit or twelve. The rule uses a lesser-of formula rather than a flat number, so a two-bedroom rental tops out at four guests while any rental with six or more legal bedrooms is still capped at twelve regardless of bedroom count. The ordinance carves out one exception to the headcount: children under the age of twelve are excluded from the tally, so a family with several young kids will not be pushed over the cap the way a group of adults would.

28(26), which also requires operators to maintain a Guest Register recording every guest's true name and address, kept available for City inspection for at least one year after the stay. Occupancy is checked alongside the parking standard in the same section, which requires one off-street parking space plus an additional space for each bedroom beyond two, so a listing advertising a bedroom count above what its driveway can support faces both an occupancy and a parking problem at once. Short-Term Residential Rentals are permitted by right accessory to a residential use in every zoning district, but only for a licensed operator who holds a current Annual City of Middleton Short-Term Residential Rental License.

Violations & Fines

Exceeding the two-times-bedrooms-or-twelve cap is a violation of the Short-Term Residential Rental land-use standards enforceable under Section 10.10.60, the Zoning Ordinance's general penalty section, and repeated violations can support revocation of the Annual Short-Term Residential Rental License under Section 10.03.28(26)(b)5, which allows revocation after more than two License violations.

Frequently Asked Questions

How many guests can stay at a Middleton short-term rental?
No more than two times the number of legal bedrooms, or twelve people, whichever is lower, under Section 10.03.28(26)(b)3.f. A three-bedroom rental tops out at six guests, while any larger rental is still capped at twelve total occupants.
Do children count toward the STR occupancy limit in Middleton?
No. The ordinance specifically excludes children under twelve from the maximum tourist occupancy count, so a family renting with young children is measured only by the number of adults and older children present.
What happens if a Middleton short-term rental exceeds its occupancy limit?
It becomes a Zoning Ordinance violation subject to penalties under Section 10.10.60, and the operator's Annual Short-Term Residential Rental License can be revoked after more than two documented violations under Section 10.03.28(26)(b)5.

Sources & Official References

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