[HISTORY: Adopted by the Town Board of the Town of Somerset 7-9-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 205.
Bed-and-breakfast uses, as defined below, are permitted in all districts of the Town, provided that all requirements set forth below are observed. No person, firm, corporation, association, partnership or any other entity or business shall operate a bed-and-breakfast establishment in any zone without first having obtained a permit from the Town of Somerset Planning Board.
As used in this chapter, the following terms shall have the meanings indicated:
BED-AND-BREAKFAST
Any establishment occupied by the owner which lets three or less rooms for hire for transient occupancy and which is not a hotel or motel.
TRANSIENT OCCUPANCY
Occupancy for hire for a period of 18 consecutive days or less.
A. 
The Town Planning Board shall have sole authority to issue special permits for bed-and-breakfast use.
B. 
Said permits shall be issued on a one-year nontransferable, renewable basis. No bed-and-breakfast establishment shall operate at any time in violation of the provisions of this chapter.
C. 
The form of the permit and application therefor shall be prescribed by the Town of Somerset Planning Board. The applicant shall provide all information required by the application, as well as the following:
(1) 
A drawing of the building floor plan with accurate dimensions. The drawing shall designate rooms for use by guests, designate exits and access to exits and identify and specify the off-street parking spaces that are required by this chapter.
(2) 
Proof of adequate liability insurance.
(3) 
The application shall be signed by the owner of the premises and shall contain at least the following: the name, address and telephone number of the owner.
D. 
Requirements. Before a permit may be issued and/or renewed, the following requirements shall be fulfilled:
(1) 
The premises shall be inspected by the Code Enforcement Officer or his deputy.
[Amended 9-10-1996 by L.L. No. 2-1996]
(2) 
Each dwelling shall have exits clearly marked.
(3) 
Each dwelling shall have adequate exits (number, location and size) for the maximum number of guests which can be housed pursuant to this chapter.
(4) 
Each guest room shall have a functioning smoke detector that complies with the New York State Uniform Fire Prevention and Building Code requirements.
[Amended 9-10-1996 by L.L. No. 2-1996]
(5) 
Each guest room shall have written information, clearly posted, showing the location of all means of exiting the building in the event of an emergency.
(6) 
Each establishment shall have a minimum of one fire extinguisher (2A-10BC rated) on each floor with sleeping quarters and may, in the discretion of the Code Enforcement Officer, be required to have additional such fire extinguishers available.
(7) 
The required fee shall be paid each year to the office of the Code Enforcement Officer.
(8) 
There shall be at least one bathroom and shower for every six people who may reside or stay at the establishment as authorized by Subsection E(2) below.
E. 
Additional requirements.
(1) 
There shall be no more than three rooms occupied in the residence by bed-and-breakfast guests.
(2) 
The minimum square footage of each room shall be 120 square feet. Up to two guests shall be permitted in a room with said 120 square feet. An additional 60 square feet is required for every guest over two guests per room.
(3) 
The quarters to be utilized by the guest or the occupants of the premises shall not be permitted in any accessory structure.
(4) 
The use by guests shall be no longer than 18 consecutive calendar days.
(5) 
The serving of meals to paying guests shall be limited to breakfast.
(6) 
One off-street parking space shall be provided for each living quarter designated as a rented room, as described in the application and permit, plus such additional parking spaces as the Board shall deem necessary for the residents. All parking spaces shall be graveled or paved.
(7) 
No inventory of goods produced off the premises shall be maintained for sale on the premises.
(8) 
Only one nonilluminated identification sign shall be permitted. Such sign shall not be larger than four square feet.
(9) 
Each permit shall be renewed annually on March 1.
(10) 
The permit issued by the Planning Board shall be posted inside in a conspicuous place at all times.
F. 
The Code Enforcement Officer shall keep a directory setting forth a current listing of all premises for which a permit has been issued. The Code Enforcement Officer shall send a copy of said directory to the Fire Department.
G. 
The issuance of a permit under this section shall in no way excuse or waive compliance with all provisions of Chapter 205, Zoning, or relieve the owner from fully complying with all provisions of Chapter 205, Zoning, or any other local, state or federal requirements and shall not be evidence of compliance with the provisions of Chapter 205, Zoning, or any other ordinance or law.
The fee for the permit hereby required shall be established periodically by the Town Board by resolution, which fee shall be incorporated herein and made part hereof.
[Amended 9-10-1996 by L.L. No. 2-1996]
Any person, corporation, business, association, firm, partnership or bed-and-breakfast establishment found to be operating in violation of any provision of this chapter shall be guilty of a violation and shall be subject to a fine not exceeding $250. Each day a violation exists shall be considered a separate violation.
Any permit may be revoked or modified by the Town of Somerset Planning Board, after a public hearing, on any one or more of the following grounds:
A. 
That the approval of the permit was obtained by fraud.
B. 
That the permit granted is being or recently has been exercised contrary to the terms or conditions of such approval of in violation of any statute, ordinance, law or regulation.
C. 
That the permit has been so exercised as to be detrimental to the public health or safety or so as to constitute a public nuisance.