(a) Bed and Breakfast Establishments as Conditional Use. Bed and breakfast establishments shall be considered conditional uses and may be permitted in residential districts pursuant to the requirements of this Article governing conditional uses.
(b) Definitions. As used in this Section:
(1) Bed and Breakfast Establishment. Any place of lodging that:
a. Provides ten (10) or fewer rooms for rent for more than ten (10) nights in a twelve (12) month period;
b. Is the owner's personal residence;
c. Is occupied by the owner or the owner's agent at the time of room rental; and
d. In which the only meal served to guests is breakfast.
(2) Agent. The person designated by the property owner as the person in charge of such establishment and whose identity is filed, in writing, with the Zoning Administrator upon issuance of the conditional use permit, and is updated five (5) days prior to a a designated agent, or different agent, talcing over responsibilities for the bed and brealcfast establishment.
(c) Bed and Breakfast Establishment Regulations.
(1) Location.
a. All bed and breakfast rooms/units shall be located within a principal structure only.
b. A bed and brealcfast establishment may be located in an officially-designated local, state or national historical structure with a living space area of not less than one thousand (1,000) square feet.
c. A bed and brealcfast establishment may be located in an existing single-family dwelling with a living space area of not less than one thousand (1,000) square feet; a new single-family dwelling shall not be constructed for the purpose of establishing a bed and brealcfast operation.
(2) Number of Rental Units. A maximum of ten (10) bed and breakfast units may be established in a structure.
(3) Domicile Requirement. The bed and breakfast structure shall be the domicile for the establishment's owner or manager.
(4) Employee Restriction. The bed and breakfast establishment shall employ not more than the equivalent of two (2) full-time persons who are not domiciled in the principal structure.
(5) Dining and Other Facilities. Dining and other facilities shall not be open to the public, but shall be used exclusively by the registered guests and residents, unless allowed by a separate permit.
(6) Compliance With State Standards. All bed and brealcfast establishments and licensees shall be subject to and comply with Ch. HSS 197, Wis. Adm. Code, relating to bed and breakfast establishments and to any applicable provisions of Ch. HSS 195, Wis. Adm. Code, relating to hotels, motels and tourist rooming houses.
(7) Guest Registry. Each bed and brealcfast establishment shall provide a register and require all guests to register their legal names and addresses before being assigned quarters. The complete guest registry shall be maintained and be available for inspection by Village representatives for a minimum period of one (1) year after a guest's registration.
(d) Bed and Breakfast Establishment Conditional Use Permit Required.
(1) Permit Required. In addition to any permits required by Chapters HSS 195 or 197, Wis. Adm. Code, every bed and breakfast establishment, before commencing business, shall first obtain a conditional use permit from the Village of Edgar.
(2) Application Requirements. In addition to the standard conditional use permit application requirements prescribed in this Article, applicants for a bed and breakfast conditional use permit shall also file the following information with the Village:
a. Site plan showing the location and size of buildings, parking areas and proposed signage.
b. Number, surfacing type and size of off-street parking stalls.
c. Proposed number, size, design and lighting of signs.
d. General description of the proposed operation, including number and configura- tion of rooms to be let to guests.
(3) Display of Permit. Following issuance by the Village, the conditional use permit shall be conspicuously displayed in the bed and breakfast establishment.
(e) Off-Street Parking Requirement. Conditional use permits for bed and breakfast establishments shall only be issues to those establishments that provide a minimum of one
(1) improved off-street parking space for each room offered for occupancy. The design, location and setbacks for such proposed parking areas is subject to approval and possible conditions from the Village Board. Establishments otherwise qualifying under this Section regulating bed and breakfast shall not be subject to other requirements of this Zoning Code with respect to parking.
(f) On-site Signs. Total signage for bed and breakfast establishments shall be limited to a total of twelve (12) square feet, and may only be lighted in such a manner and nature as to not significantly alter or detract from the nature of the surrounding neighborhood. Establishments otherwise qualifying under this Section regulating bed and breakfast establishment shall not be subject to the requirements of this Zoning Code with respect to signs.
(g) Termination of Permit.
(1) Permit Void Upon Sale. A bed and breakfast establishment conditional use permit shall be void upon the sale or transfer of the property's ownership. The Village Board shall review and conditionally approve or disapprove an application submitted by a person anticipating the purchase of premises for such use.
(2) Voiding of Permit Upon Viotation(s). A permit issued in accordance with this Section shall be valid until terminated by action of the Zoning Administrator for violation of the provisions of this Section, permit conditions imposed pursuant to this Article, or applicable State of Wisconsin regulations as set forth in Chapters HSS 195 or 197, Wis. Adm. Code.
State Law Reference: Chs. HSS 195 and HSS 197, Wis. Adm. Code.