The village board may authorize the building inspector to issue a conditional use permit for conditional uses after review and a public hearing by the plan commission, provided that such conditional uses and structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community.

Application for conditional use permits shall be submitted to the building inspector on forms furnished by the village clerk and shall include the following where pertinent and necessary for proper review by the plan commission:

(1)

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor when engaged, and all opposite and abutting property owners of record.

(2)

Description of the subject site by lot, block and recorded subdivision, or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(3)

Plat of survey prepared by a land surveyor registered in the state, or other map drawn to scale and approved by the building inspector, showing the location, property boundaries, dimensions, uses and size of the following: subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side and rear yards; and areas subject to inundation by floodwaters.

(4)

In areas subject to inundation by floodwaters, the plat of survey shall also include first floor elevations, utility elevations, historic and probable future floodwater elevations, depth of inundation, floodproofing measures, and plans for proposed structures giving dimensions and elevations pertinent to the determination of the hydraulic capacity of the structures or its effects on flood flows. Where floodproofing is required, the applicant shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are adequate to withstand the flood forces and velocities associated with the 100-year recurrence interval flood. Prior to the issuance of an occupancy permit, the applicant shall also submit a certification by a registered professional engineer that the finished floodproofing measures were accomplished in compliance with the provisions of this chapter.

(5)

In addition, the plat of survey shall show the location, elevation and use of any abutting lands and their structures within 40 feet of the subject site; soil mapping unit lines, types and slopes, ground surface elevations; mean and historic high-water lines, on or within 40 feet of the subject premises, and existing and proposed landscaping when so required by the plan commission.

(a)

Generally. The plan commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewer and water systems, and the proposed plan of operation.

(b)

Construction requirements. Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the plan commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

(c)

Lot, parking, loading and traffic requirements. Compliance with all other provisions of this chapter such as lot width and area, yards, height, parking, loading, traffic and highway access shall be required of all conditional uses. Variances shall only be granted as provided in article II, division 5, of this chapter.

(d)

Hearings. The plan commission shall fix a reasonable time and place for the hearing, publish a class two notice and shall give due notice to the parties in interest and the building inspector. At the hearing, the applicant may appear in person, by agent or by attorney.

(e)

Notice to DNR. The zoning administrator shall transmit a copy of each application for a conditional use permit in the FWO floodway overlay district and the FFO floodplain fringe overlay district and in the shoreland portion of the C-1 lowland conservancy district, to the state department of natural resources (DNR) for review and comment at least ten days prior to the public hearing. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions granting conditional uses in the FWO floodway overlay district and the FFO floodplain fringe overlay district, and in the shoreland portion of the C-1 lowland conservancy district, shall be transmitted to the DNR within ten days of the effective date of such decision.

(f)

Reexamination. The plan commission may periodically conduct a review of an existing conditional use permit to ascertain whether all conditions are being met.

(g)

Amendments. Changes subsequent to the initial issuance of a conditional use permit which would result in a need to change the initial conditions shall require an amendment to the conditional use permit. Enlargement or an increase in the intensity of a conditional use shall be considered an amendment. The process for amending a permit shall generally follow the same procedures as those required for granting a conditional use permit as set forth in this section.

(h)

Revocation of conditional use permit. Should a permit applicant, his heirs or assigns fail to comply with the conditions of the permit issued by the village board or should the use, or characteristics of the use be changed without prior approval by the village board after a recommendation by the plan commission, the conditional use permit may be revoked.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bed and breakfast establishment means any place of lodging that provides four or fewer rooms for rent to tourists or other transients for more than ten nights in a 12-month period; the owner's personal residence; occupied by the owner at the time of rental; and in which the only meal served to guests is breakfast.

Breakfast means a meal served between 6:00 a.m. and 11:00 a.m.

Cross reference— Definitions generally, § 1-2.

(a)

Permitted as conditional use. Bed and breakfast establishments are permitted as a conditional use in the following residential districts and business district:

(1)

RSE-1 single-family residential estate district.

(2)

RS-1 single-family residential district.

(3)

RS-2 single-family residential district.

(4)

RS-3 single-family residential district.

(5)

RS-4 single-family residential district.

(6)

RS-5 single-family residential district.

(7)

B-3 central business/mixed-use district.

(b)

Issuance of conditional use permit; transfer; void upon sale of property. A conditional use permit shall be issued to the owner after review and a public hearing by the plan commission and upon approval by the village board. Transfer of a conditional use permit because of transfer or sale of property is not permissible. Should such property be sold, then the conditional use permit shall become void.

(c)

Subject to state law provisions. All bed and breakfast establishments shall be subject to and comply with Wis. Admin. Code HFS ch. 197 which is adopted by reference in this section as if fully set forth.

(d)

Registry. Each bed and breakfast establishment shall be required to keep a register and require all guests to sign such register using their actual names and address before being assigned quarters. The register shall be available for inspection by the police department and building inspector for a period of not less than one year.

(e)

Tenant occupancy. No guest may be permitted to occupy space in a bed and breakfast establishment for a longer period than 14 consecutive days, during any 30-day period.

(f)

Off-street parking. A minimum of one parking stall shall be provided for every guest bedroom with a minimum of two additional stalls for the owner/proprietor. All parking areas shall meet the size requirements of section 46-923(1) and (2) and shall be hard-surfaced as required by section 46-923(6). All parking areas abutting residential properties shall be screened from view using a minimum six-foot high solid fence or comparable. No off-street parking shall be allowed within the front yard setback area and shall be a minimum of three feet from any side yard property line.

(g)

Signage. One on-premises sign shall be permitted not to exceed six square feet in area. The sign shall be of solid wood. All signs must be approved by the architectural board prior to installing such sign.

(h)

Address numbering requirements. Every bed and breakfast establishment shall be properly addressed with numbers on the front of the structure, a minimum of five inches high and of contrasting color so as to be visible from the street.

(i)

Impact assessment. The plan commission shall consider the potential impact to the surrounding neighborhood and proximity to any existing bed and breakfast establishment when reviewing a request for a bed and breakfast conditional use permit.

(j)

Occupancy permit. An occupancy permit shall be required whenever the property changes ownership and a new conditional use permit is granted to ensure compliance with all state and local regulations and ordinances.

(k)

Special gatherings. Renting of the bed and breakfast facilities for any special gathering (i.e. wedding receptions, parties, etc.) shall be prohibited.

(l)

Annual permit review. The conditional use permit shall be reviewed on an annual basis by the plan commission to ensure compliance with all conditional use requirements. Such property may be inspected by the police department, fire department, building inspector or other authorized personnel of the village to investigate and determine if any violations exist. The conditional use permit may be revoked by the village board upon findings of serious violations of any applicable regulations.

(m)

Screening of refuse containers. All refuse containers shall be screened from public view.

Commercial day care/preschool, as defined in section 46-1, is permitted as a conditional use, subject to the restrictions set forth or referred to in this division, in the following zoning districts: All "B" business zoning districts, I-1 institutional district, P-1 park and recreation district and RM-1 and RM-2 multiple-family residential districts.

A conditional use permit for the establishment of a commercial day care/preschool may be issued only after review and a public hearing by the plan commission and upon approval by the village board. Transfer of such conditional use permit is permissible. Such conditional use permit may be issued only upon compliance with the following requirements:

(1)

Proof by the applicant of receipt of all necessary permits from the state department of health and social services and all other state agencies having regulatory jurisdiction over the activity no less than 30 days before the opening of the proposed facility.

(2)

Compliance with division 1 of this article.

(3)

Submission of a plan of operation as part of the application for the conditional use permit detailing:

a.

The interior and exterior layouts of the operation, including adherence to setbacks of not less than 20 feet with respect to any property boundary abutting a residential district for any permanent or portable fixtures except for fencing;

b.

Parking facilities dedicated to visitors, parents and staff;

c.

Pedestrian and vehicular traffic patterns (particularly during the first two and final two hours of operation during each day);

d.

Hours and days of operation;

e.

Name and phone number of a contact person available during all hours of operation with sufficient authority to resolve any immediate problems that may arise;

f.

Height, location and sample of all fencing to be used;

g.

Surfaces to be used for all outside playground areas;

h.

Location, screening and pickup of all external garbage containers;

i.

The maximum number of children to be cared for during each full day and at any given time by age group (i.e. the maximum number of children that will be on the premises at any given time and the total maximum number of children that may be on the premises within a 24-hour period); and

j.

Such additional information as the plan commission or village board requires.

(4)

Except where preempted by state regulation, the plan commission and village board may deny issuance or renewal of such conditional use permit if past experience, comments of the public, village staff recommendations or the judgment of the plan commission or village board indicated that the plan of operation as proposed by the applicant would be in violation of any applicable village ordinance or would be disruptive to the existing character and activities in the zoning district or neighborhood.

(5)

In no event may such conditional use permit be issued unless the plan of operation provides for dedicated parking spaces equal to the total maximum number of employees who may work at the facility at any time, plus one dedicated parking space for every five children who may be cared for at the facility at its maximum capacity. The term "dedicated parking space" means either off-street private parking with signs posted reserving the parking for the day care during its hours of operation or on-street or other public parking located within 200 feet of the main entrance of the commercial day care/preschool, and has been determined by the department of public works and police department to be sufficiently under utilized for other parking purposes so as to be readily available for day care purposes during all hours and days of operation.

(6)

Such conditional use permit shall be reviewed on an annual basis by the plan commission to ensure compliance with all conditional use requirements (including the plan of operation approved by the plan commission and village board). Such property may be inspected by the police department, fire department, building inspector or other authorized personnel of the village to investigate and determine if any violations exist.

(7)

The conditional use permit may be revoked by the village board upon findings of violations of such conditional use requirements or other applicable village ordinances.

Except as otherwise provided by this division, the procedure for securing, granting and revoking a conditional use permit for a wind energy conversion system shall be as set forth in section 46-847.

Applications for the erection of a wind energy conversion system shall be accompanied by a plat of survey for the property to be served showing the location of the generating facility and the means by which the facility will provide power to structures. If the system is intended to provide power to more than one premises, the plat of survey shall show all properties to be served and the means of connection to the wind energy conversion system. A copy of all agreements with system users off the premises shall accompany the application. The application shall further indicate the level of noise to be generated by the system, and provide assurances as to the safety features of the system.

Wind energy conversion systems shall be constructed and anchored in such a manner to withstand wind pressure of not less than 40 pounds per square foot of area.

The maximum level of noise permitted to be generated by a wind energy conversion system shall be 60 decibels, as measured on the dB(A) scale, measured at the lot line.

Cross reference— Loud and unnecessary noise, § 66-6.

Wind energy conversion system generators and alternators shall be filtered and/or shielded so as to prevent the emission of radio frequency energy that would cause any harmful interference with radio and/or television broadcasting or reception. If harmful interference is caused subsequent to the granting of a conditional use permit, the operator of the wind energy conversion system shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission Regulations.

Wind energy conversion systems shall meet all setback and yard requirements for the district in which they are located and, in addition, shall be located not closer to a property boundary than a distance equal to their height. Wind energy conversion systems are exempt from the height requirements of this chapter. However, all such systems over 75 feet in height shall submit plans to the Federal Aviation Administration (FAA) to determine whether the system is to be considered an object affecting navigable air space and subject to FAA restrictions. A copy of any FAA restrictions imposed shall be included as a part of the wind energy conversion system conditional use permit application.

All pole-mounted or tower-mounted wind energy conversion systems shall be surrounded by a security fence not less than six feet in height or shall be equipped with a device approved by the plan commission for the prevention of unauthorized access to electrical and mechanical components of the system. A sign shall be posted on the pole, tower or fence warning of high voltage.

The appropriate electric power company shall be notified, in writing, of any proposed interface with the company's power grid prior to installing such interface. Copies of comments by the appropriate utility company shall accompany and be part of the application for a conditional use permit.

"Dog boarding facilities", as defined in section 46-1, is permitted as a conditional use, subject to the restrictions set forth or referred to in this division, in the following zoning districts: M-1 limited industrial and wholesale business district.

(a)

A conditional use permit for the establishment of a dog boarding facility may be issued only after review and a public hearing by the plan commission and upon approval by the village board. Transfer of such conditional use permit is not permissible without approval of the village board of trustees. In considering any application for a conditional use permit under this section, the plan commission and village board shall, without limitation, give due consideration to the following issues:

(1)

The maximum number of dogs giving due consideration to the size of the facility and its geographic location;

(2)

The need for natural and/or artificial screening to limit the potential for noise or odor to unreasonably affect lawful use of adjacent properties;

(3)

The availability of adequate parking and exercise areas;

(4)

The provision of adequate waste disposal methods to prevent the generation of unreasonable odor and unhealthful conditions;

(5)

Hours of operation;

(6)

Methods of animal control/restraint to be employed in exterior and interior of facilities to prevent escape of animals onto adjacent properties.

(b)

The plan commission and village board may deny issuance or renewal of such conditional use permit if past experience, comments of the public, village staff recommendations or the judgment of the plan commission or village board indicated that the plan of operation as proposed by the applicant would be in violation of any applicable village ordinance or would be unreasonably disruptive to the existing character and activities in the zoning district or an adjacent neighborhood.

(c)

Such conditional use permit shall be reviewed on an annual basis by the plan commission, or at such other periodic basis as is established by the village board in its discretion, to ensure compliance with all conditional use requirements (including the plan of operation approved by the plan commission and village board). Such property may be inspected from time-to-time by the police department, fire department, building inspector or other authorized personnel or agents of the village to investigate and determine if any violations of any applicable statute, regulation, ordinance, or provision of the conditional use exist.

(d)

The conditional use permit may be revoked by the village board upon findings of violations of such conditional use requirements or other applicable village ordinances or of violation of any state law regarding the humane treatment of animals.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commercial catering or food preparation services means a combination of some or all of the following activities with the intent that the food prepared will be consumed at a location other than where it is prepared: taking food orders by telephone or by any other means, storing food, preparing and cooking food, and the delivery of such prepared and cooked food to specific households or businesses.

Commercial catering or food preparation services are permitted as a limited conditional use, subject to the restrictions set forth or referred to in this division, in the following zoning districts: I-1 institutional district. It is the intent of this division to permit such operations on a limited basis provided such uses offer an educational, religious and/or public-related element consistent with the intent of the I-1 institutional district.

(a)

A conditional use permit for the establishment of a commercial catering or food preparation service may be issued only after review and a public hearing by the plan commission and upon approval by the village board. A permit granted under this division shall be limited to a maximum duration of two years. Transfer of such conditional use permit is not permissible without approval of the village board of trustees. In considering any application for a conditional use permit under this section, the plan commission shall, without limitation, give due consideration to the following issues:

(1)

Proof by the applicant of receipt of all necessary permits from the state department of health and family services and all other state agencies having regulatory jurisdiction over the activity no less than 30 days before the opening of the proposed facility;

(2)

Whether the proposed use provides an educational, religious, or public-related element consistent with the intent of the I-1 institutional district;

(3)

Hours of operation;

(4)

Parking facilities dedicated to visitors and staff;

(5)

Name and phone number of a contact person available during all hours of operation with sufficient authority to resolve any immediate problems that may arise.

(b)

The plan commission and village board may deny issuance or renewal of such conditional use permit if past experience, comments of the public, village staff recommendations or the judgment of the plan commission or village board indicated that the plan of operation as proposed by the applicant would be in violation of any applicable village ordinance, unreasonably disruptive to the existing character and activities in the zoning district or an adjacent neighborhood, contrary to the public health, welfare, or safety, or inconsistent with the intent of the I-1 institutional district.

(c)

Such conditional use permit shall be reviewed on an annual basis by the plan commission, or at such other periodic basis as is established by the village board in its discretion, to ensure compliance with all conditional use requirements (including the plan of operation approved by the plan commission and village board). Such property may be inspected from time-to-time by the police department, fire department, building inspector or other authorized personnel or agents of the village to investigate and determine if any violations of any applicable statutes, regulation, ordinance, or provision of the conditional use exists.

(d)

The conditional use permit may be revoked by the village board upon findings of violations of such conditional use requirements or other applicable village ordinances or of violation of any state law regarding food preparation.

(e)

Subject to state, county and local law provisions. All commercial catering or food preparation services shall be subject to and comply with all applicable rules and regulations including, but not limited to, the Wisconsin Food Code, Wis. Admin. Code HFS ch. 196, and the Waukesha County Code (Chapter 14, Parks and Land Use, Article X., Health - Related Regulations and Licenses).

(a)

Title and purpose: The title of this division is the Village of Hartland Lodging Ordinance. The purpose of this division is to provide for the orderly and well-regulated establishment and operation of hotels and motels in the Village of Hartland (the "village") in a manner consistent with the strict regard for public health and safety that complies, at a minimum, with the standards for the same set forth in Chapter 97 of the Wisconsin Statutes, as amended from time-to-time, and Chapters ATCP 72 and 73 of the Wisconsin Administrative Code, as amended from time-to-time.

The village finds that this division is appropriate and reasonable to promote significant public purposes, including, but not limited to, health, safety, security, traffic control and flow, aesthetics, character, comprehensive zoning plan, property value and integrity, accessibility, commerce and trade, and any other significant public purpose recognized and permitted to the village.

(b)

Authority: The Village Board of the Village of Hartland, Waukesha County, Wisconsin, has the specific authority to adopt this division under §§ 61.34(1) and 66.0615(1m) of the Wisconsin Statutes, as amended.

(c)

Hotel and motel establishments:

A.

General adoption of state standards.

(1)

The provisions of Chapters ATCP 72 and 73 Wis. Admin. Code, as amended, and any subsequent amendments, additions and recodifications are hereby adopted in full by reference, except to the extent that any provision of the Village of Hartland Ordinances which impose stricter standards may exist, in which case the said stricter ordinance provisions shall prevail.

(2)

For the purposes of this division, unless otherwise expressly indicated, the terms "person," "operator," "hotel," and "motel," shall be defined as set forth in ATCP 72.03. The term "bed and breakfast establishment" shall be defined as set forth in ATCP 73.03. All other definitions set forth in ATCP 72 and 73, shall apply, where applicable, for the purposes of this division, unless otherwise expressly modified of specified herein. To the extent any definitions or provisions enumerated in the foregoing are in conflict or inconsistent, the more stringent definition or provision shall prevail.

B.

Compliance with state standards required.

(1)

The owner and operator of any hotel, motel, tourist rooming house, or bed and breakfast establishment shall fully comply with all applicable provisions of Chapters ATCP 72 and ATCP 73, Wis. Admin. Code, as amended, at all times, including by way of illustration, but not limited to:

a.

License application, duration, and renewal requirements and deadlines;

b.

Fees for pre-inspection, licenses, late fees, reinspection fees and any other applicable fees;

c.

Posting of licenses and permits;

d.

Inspection and access to premises;

e.

Correction of violations;

f.

Suspension and revocation of licenses;

g.

Public utilities;

h.

Plumbing and toilets;

i.

Drinking water;

j.

Garbage and refuse;

k.

Furnishings, equipment and utensils;

l.

Utensil sanitation;

m.

Storage of utensils;

n.

Cleanliness;

o.

Food licenses;

p.

Employee health;

q.

Insect and rodent control

r.

Building structure and safety;

s.

Size of sleeping rooms;

t.

Smoke detection;

u.

Door locks;

v.

Window screens;

w.

Premises, land surfaces, parking areas, exteriors;

x.

Carbon Monoxide detectors;

y.

Maintenance;

z.

Registration of guests.

Any violation or noncompliance with any of the provisions of ATCP 72 shall constitute a separate and independent violation of the Village's Code of Municipal Ordinances, subject to the penalties set forth in chapter 1, section 1-4.

C.

Additional village requirements for hotel and motel establishments

(1)

Hourly rentals prohibited. No room designed for dwelling, lodging, or sleeping purposes at any hotel and motel establishment may be rented or advertised or otherwise held out to the public for hourly or other short-time rates less than one full night stay at a minimum. One full night stay minimum shall mean check in before 10:00 p.m. on the day of arrival and check out after 5:00 a.m. on the day of departure.

(2)

Registration and recordkeeping requirements. Every person who owns or operates a hotel or motel shall require valid government-issued photo identification for each guest at the time of registration. The owner or operator shall keep and maintain a registration record for all guests procuring or occupying a room or rooms at the hotel or motel establishment. No guest shall be permitted to procure or occupy any room or rooms in any hotel or motel establishment without first providing all of the required record information prior to procurement or occupancy; and no owner or operator of a hotel or motel establishment shall permit any guest to occupy or procure any room or rooms without first obtaining all of the following information to be maintained on the registration record:

1.

Valid government-issued photo identification for each guest;

2.

Room number of each guest;

3.

Vehicle registration information, including VIN number, license plate number, make, model and year of the vehicle;

4.

Number of guests that will be in the room each night;

5.

Number of nights each guest is staying;

6.

Each guest's name and signature;

7.

The type of identification offered;

8.

Permanent address of each guest; and

9.

Date and time a guest checks in and the date and time the room is surrendered.

The owner or operator shall verify the credit card signature of each guest making payment by way of credit card, with the signature inscribed upon the registration record.

Valid identification may include: driver's license, non-driver's state issued identification card, or such other photo-identification as will prove the identity of each guest. The type of identification presented by the guest shall be noted in the registration record and shall include the document's identification number and the state or country of issuance. A photocopy or scanned copy of such identification shall be maintained in the registration record.

Records required under this section shall be retained for a minimum of two years after the date the last entry is recorded.

(3)

Fraudulent misrepresentation. No person may knowingly procure through misrepresentation or production of false or altered identification, or identification which misrepresents the identity of the person procuring or sharing in such lodging or service. No person may give, or cause to be given, an incorrect name, address, date of birth, or license plate number to any owner, keeper, proprietor or agent of any establishment required to maintain records under this section.

(4)

Cooperation with law enforcement. Upon request by any village law enforcement officer, the owner or operator shall immediately turn over all required records, in addition to records of all telephone calls, internet usage, surveillance footage, and other billing records as requested. The owner or operator shall fully cooperate with all police and other law enforcement investigations, including by granting access to any and all rooms or premises, as a condition of the privilege of owning and operating the hotel or motel establishment.

(5)

Restriction of children under the age of 16. No person owning or operating a hotel or motel establishment shall permit any child under the age of 16 years to be present in any portion of the premises or building of any hotel or motel between the hours of 12:00 a.m. and 5:00 a.m., unless accompanied at all times by a parent or legal guardian.

D.

Plan of operation required. No person shall operate a hotel or motel without first obtaining the approval of a plan of operation from the plan commission.

Required information for a plan of operation permit. All plans of operation shall be submitted to the village building inspector on forms supplied by the village clerk. The applications for plan of operation permits shall show, at a minimum, the following information:

(1)

Name, type, and address of the hotel or motel.

(2)

Name and address of property owner or operator.

(3)

Name and address of the manager, if other than the owner.

(4)

The proposed days and hours of operation.

(5)

The number of full-time and number of part-time employees.

(6)

Plot plan for the entire premises.

(7)

Number of rooms.

(8)

Comprehensive plan for compliance with all provisions of this division, including but not limited to all provisions of ATCP 72 as amended.

(9)

Copies of all licenses, permits, and applications required by Chapter 97, Wisconsin Statutes, as amended, and Chapter ATCP 72, Wis. Admin. Code as amended.

(10)

Comprehensive plan for traffic mitigation of adverse impact upon surrounding properties and roads.

(11)

Number and location of parking spots.

Once a plan of operation has been issued, the holder of such plan of operation shall notify the village manager in writing not less than 45 days of any impending sale of such hotel or motel or the transfer of voting or operating control of the legal entity that owns the hotel or motel. The name, address, land and cell phone numbers and e-mail addresses of the prospective transferee shall be provided as part of this required notification.

No person shall operate a hotel or motel without first obtaining an updated approval of a plan of operation from the plan commission when a sale of such hotel or motel or the transfer of voting or operating control of the legal entity that owns the hotel or motel occurs. An updated approval of a plan of operation may be conditioned on an amendment of the development agreement controlling the hotel or motel use under a planned unit development overlay district.

E.

Right to refuse accommodations. Any person who owns or operates a hotel or motel may refuse or deny the use of a room, accommodations, facilities or other privileges of the premises for any reason unless prohibited by state or federal law, or by the Village Code of Ordinances, including but not limited to:

(1)

Failure to tender full and immediate payment in any regard;

(2)

Disorderly or abusive conduct;

(3)

Intoxication;

(4)

Harassment or intimidation of guests, employees or other individuals;

(5)

Threats of retaliation or bodily harm;

(6)

Engaging in conduct or activities unlawful or prohibited under state, federal or local law or regulation;

(7)

Danger or risk to other persons or property;

(8)

Health and safety of guests, employees and other persons;

(9)

Maximum capacity limits;

(10)

An individual who does not provide the registration information in full;

(11)

Fraud or misrepresentation;

(12)

Loitering;

(13)

Littering;

(14)

Excessive noise or use of facilities inconsistent with ordinary use;

(15)

Offensive or noxious odors; or

(16)

Any violation or attempted violation of the Village Code of Municipal Ordinances.

F.

Tax on sales price from selling or furnishing rooms or lodging to transients

(1)

In this article, the terms "transient," "hotel" and "motel" have the meanings set forth in Wis. Stat. § 77.52(2)(a)1.

(2)

A tax of eight percent is imposed on gross receipts for selling or furnishing, at retail, rooms or lodging to transients by hotelkeepers and motel operators and other persons or retailers selling or furnishing accommodations that are available to the public irrespective of whether membership is required for use of the accommodations.

(3)

Each retailer engaged in furnishing such accommodations, rooms or lodging shall submit a quarterly report to the village manager's office showing the gross receipts from furnishing such accommodations, rooms or lodging, along with a copy of his or her state sales tax report for the business, along with the eight percent tax for the gross receipts as reported, by not later than 30 days from the end of each calendar quarter for the receipts of that past calendar quarter.

(4)

A forfeiture of 25 percent of the room tax due for the previous year or $10,000.00, whichever is less, of the tax imposed, is hereby established and due and owing in the event that the room tax is not paid within ten calendar days after the due date of return. In addition to this forfeiture, all unpaid taxes under this section shall bear interest at the rate of 12 percent per annum from the due date of the return until the first day of the month following the month in which the tax is paid or deposited with the village manager. An extension of time within which to file a return shall not operate to extend the due date of the return for purposes of interest computation. If the village manager determines that any overpayment of tax has been made intentionally or by reason of carelessness or neglect, or if the tax which was overpaid was not accompanied by a complete return it shall not allow any interest thereon.

(5)

Delinquent tax returns shall be subject to a $200.00 late filing fee per day. The tax imposed by this section shall become delinquent if not paid by the due date of the return.

(6)

If a false or fraudulent return is filed with the intent in either case to defeat or evade the tax imposed by this article, a penalty of 50 percent of the tax due shall be paid in addition to the tax, interest and late filing penalty.

(7)

In order to protect the revenue of the village, the village manager or deputy treasurer may require any person liable for the tax imposed by this section to place with him or her, before or after a permit is issued, such security, not in excess of $10,000.00 as the village manager determines. If any taxpayer fails or refuses to place such security, the village manager may refuse or revoke such permit. If any taxpayer is delinquent in the payment of the taxes imposed by this section, the village manager may, upon ten calendar prior days' notice, recover the taxes, interest and penalties from the security placed with the village manager by such taxpayer. No interest shall be paid or allowed by the village to any person for the deposit of such security.

(8)

If any person liable for any amount of tax under this section sells out her or his business or stock of goods or quits the business, her or his successors or assigns shall withhold a sufficient amount of the purchase price to cover such amount until the former owner produces a receipt from the village manager that it has been paid or a certificate stating that no amount is due. If a person subject to the tax imposed by this section fails to withhold such amount of tax from the purchase price as required, she or he shall become personally liable for payment of the amount required to be withheld by her or him to the extent of the price of the accommodations valued in money.

G.

Tourism commission. If created by resolution of the village board per Wis. Stat. § 66.0615(1m))(c), a tourism commission shall consist of four members. One commission member shall represent the Wisconsin hotel and motel industry. Members of the commission shall be appointed by the village president for a one-year term to serve at the pleasure of the village president, and may be reappointed without limitation. The village board shall confirm the appointments of the village president by a majority vote of members present when the vote is taken.

The commission shall meet regularly, and, from among its members, it shall elect a chairperson, vice chairperson and secretary. The commission shall report any delinquencies or inaccurate reporting to the village.

The village shall spend at least 70 percent of the amount of the collected tax on tourism promotion and tourism development in the village. The commission shall comply with all other requirements of Wis. Stat. § 66.0615.

(Ord. No. 881-23, 7-24-2023)

(a)

The entrance to a hotel or motel site must have access to a controlled intersection capable of handling projected traffic levels, which requires submittal of a traffic analysis prepared by an engineer on behalf of the applicant;

(b)

A hotel or motel site shall have a minimum street building offset of 50 feet and a minimum parking offset of 25 feet and 25 feet for any side or rear yard offset.

(c)

A hotel or motel site shall not be located adjacent to an RS-1, RS-2, RS-3, RS-4 or RS-5 residential district unless there is substantial compliance with the requirements of section 46-910(g) and section 46-910(i).

(d)

A hotel or motel site shall have pedestrian connection from primary building entry to public sidewalk;

(e)

The lot coverage of the site shall not exceed 75 percent, of entire parcel being developed including all structure footprints and paved area. The plan commission and/or the village board has the right to grant a waiver based on specific information presented by the applicant in accordance with the considerations contained in section 46-521(3);

(f)

The applicable provisions of section 46-923 shall control and in particular a minimum of one parking spaces per guest room shall be provided plus one space per every three employees for the work shift with the largest number of employees, plus one space per two persons of the maximum capacity of each public meeting and/or banquet room.

(g)

There shall be a buffer yard of at least 15 feet between all parking spaces and driveways, and side and rear property lines.

(h)

Accessory uses such as restaurants, lounges, or banquet halls shall be reviewed for parking requirements separately.

(i)

The standards contained in section 46-15(e) and (f) shall be applied in the review of all proposed hotel or motel sites adjacent to all residential zoning districts.

(Ord. No. 881-23, 7-24-2023)

The hotel/motel use is intended to provide appropriate development within the B-2, B-3, B-4 district solely on a conditional use basis. The details of such conditional uses are intended to be tailored to the site sought to be developed within each respective zoning district. This is intended to be accomplished with the utilization of an approved planned unit development overlay district that is accompanied by a detailed development agreement.

A "hotel" is as defined as set forth in sec. ATCP 72.03(11), Wisconsin Admin. Code, as amended in in Hartland Code section 46-1.

Approval of a hotel or motel use shall be subject to all provisions of sections 46-801 through 46-809 and the respective provisions of the B-2, B-3, B-4 districts of the Hartland Code of Ordinances.

(Ord. No. 881-23, 7-24-2023)