The purpose of this article is to authorize
and regulate the establishment and operation of bed-and-breakfasts
in the Village of Horseheads and to ensure the preservation of the
character, integrity and property values of surrounding areas within
which such facilities are located and maintained.
All bed-and-breakfasts shall comply with the
applicable provisions of the New York State Uniform Fire Prevention
and Building Code and the rules and regulations promulgated thereunder.[1] All bed-and-breakfasts are, for the purpose of such code
and this article, classified as B-2 (transient occupancy) for the
purpose of construction, conversion and alteration under said code,
rules and regulations.
Bed-and-breakfasts are a prohibited use in the
R-1A Single-Family Residential District and the M-1 Industrial District.
A.
No bed-and-breakfast shall be established or shall
operate within a residential zone without first obtaining a special
use permit in accordance with the terms and conditions of this article.
The applicant will submit seven copies of each of the following: an
application, site plan and other supporting documentation, along with
a nonrefundable application fee as shall be set by resolution of the
Board of Trustees from time to time. The power to approve, approve
with conditions or deny the application and site plan as required
by this article is vested in the Village of Horseheads Board of Trustees
after review thereof by the Village Planning Board and other planning
agencies if required by the General Municipal Law.
B.
Upon receipt of the application, site plan and application
fee, the Code Enforcement Officer shall examine and review the same
to determine that it is complete, adequate in all respects, and complies
with the conditions of this article. After he or she has reviewed
the application, site plan and other supporting documentation and
determined the same to be complete in all respects, he or she shall
refer the same to the Planning Board for its review and action. Simultaneously
he or she shall deliver the application fee to the Village Clerk-Treasurer.
The application and site plan shall contain the following information:
(1)
The name, address, and telephone number of the owner(s)
and applicant if the owner is not the applicant.
(2)
The address of the proposed bed-and-breakfast, together
with its tax parcel identification number.
(3)
The zoning district classification of the site.
(4)
A sketch, drawn to scale, showing the floor plan of
the dwelling, together with any proposed changes, renovations and
additions to the same.
(5)
A site plan showing the applicant's entire land holdings,
that portion of the applicant's property under consideration, as well
as all parcels and streets within 200 feet of the applicant's property
and the current uses thereof. The site plan shall be drawn to scale
and shall include the following information:
(a)
The title of the drawing.
(b)
The North point, scale and date.
(c)
The boundaries of the project (site).
(d)
The location of all existing or proposed site
improvements, including buildings, additions, expansions, driveways,
parking areas, streets, retaining walls, fences and hedges.
(e)
The location of all existing and proposed access
and egress drives.
(f)
The location, design and size of all existing
and proposed signs and outdoor lighting facilities.
(g)
The location of existing and proposed buffer
and screening areas, structures and vegetation.
C.
The Planning Board and Board of Trustees may require
such additional or supportive information as it deems necessary for
a complete assessment of the proposed bed-and-breakfast so as to ensure
its compatibility with existing and permitted building and land uses
adjacent to the site and in close proximity thereto.
A.
The owner(s) of the bed-and-breakfast must reside
in and continue to reside in the dwelling as his/her/their principal
residence. The owner will provide a sworn statement certifying to
such residency upon request of the Code Enforcement Officer.
B.
The parcel improved by the bed-and-breakfast shall
provide or establish off-street parking spaces for the members of
the owner's family residing in the dwelling unit as well as at least
one parking space per room or unit for let. Further, said parking
spaces shall not be established or permitted in the front yard of
the site and shall be located or screened from view so as to provide
minimal visual variation from the residential character of the site.
C.
Each bed-and-breakfast shall be established, maintained
and operated in such a manner as will preserve and compliment the
residential character and integrity of the surrounding area when the
facility is established in a residential district as provided for
in this chapter.
D.
The number of paying guests accommodated per night
shall not exceed eight. Further, no guest shall stay for a period
of time in excess of 30 consecutive days. Finally, no more than four
bedrooms of a dwelling shall be occupied by paying guests.
E.
Each bedroom occupied by a paying guest shall be equipped
with a properly installed and functioning smoke detector. Further,
a smoke detector shall be properly installed and functioning on or
near the ceiling in the room or hallway from which each bedroom rented
to paying guests exits.
F.
The Code Enforcement Officer shall be given such access
to the dwelling as he or she deems necessary from time to time for
the purpose of making inspections to ensure compliance with all federal,
state and local codes, rules and regulations, including the New York
State Uniform Fire Prevention and Building Code. Such inspections
may be made with or without prior notice thereof.
G.
A single exterior sign or display may be established
on the site of the bed-and-breakfast. Said sign or display shall not
exceed four square feet in area and shall comply with the setback
requirements established by this chapter for the particular district
involved. Further, said sign or display shall be as unobtrusive as
reasonably possible and may be illuminated by no more than two seventy-five-watt
lightbulbs, which shall be shielded so as to prevent glare, etc.
H.
There shall be no more than one full-time-equivalent
employee in addition to the owner.
I.
The bed-and-breakfast shall be maintained and operated
at all times so as to comply with the New York State Uniform Fire
Prevention and Building Code and the rules and regulations promulgated
thereunder, as amended.
J.
The driveway entrance or exit shall not exceed 15
feet in width.
K.
The Village of Horseheads Board of Trustees shall
have the right to impose and include such other and additional conditions
as it may deem necessary to effectuate the purpose of this chapter.
L.
The owner shall not make any change, deviation, modification
or variation from the application and site plan once and if the same
is approved by the Village of Horseheads Board of Trustees without
the subsequent approval of the Board of Trustees.
Review of the site plan and application shall be in accordance with Article XIX of this chapter.
