[Added 4-13-2009 by L.L. No. 10-2009]
A. 
A bed-and-breakfast may be located in any zoning district, except a residence, subject to a special permit issued by the Board of Trustees.
B. 
There shall be no more than three sleeping rooms offered for rent.
C. 
The property and structure sought to be used shall be the primary residence of the owner, and said owner shall actually reside therein.
D. 
There shall be no exterior lighting or illumination that conflicts with the neighboring property.
E. 
Adequate off-street parking facilities for the owner, the owner's family and guests must be demonstrated. At least one off-street parking space must be provided on site for each sleeping room. The applicant must also demonstrate that all such off-street, on-site parking is adequate in width, grade, alignment and visibility and that vehicular access to and from the property is adequate and safe.
F. 
Meals provided and any amenities connected with the guest rooms, e.g., swimming pools or tennis courts, shall be solely for the use of the owner, his/her family and the owner's registered guests.
G. 
One sign may be permitted, not exceeding three square feet in area, and shall contain no information other than identifying the premises as the named bed-and-breakfast.
H. 
No guest may be registered for a maximum continuous period in excess of seven consecutive nights. The owner shall maintain a guest register and shall preserve registration records for a minimum of three years. The register and all records shall be made available for inspection at any time by Code Enforcement Officers or other duly authorized Village personnel.
I. 
An application for a special use permit, any additional general requirements and the procedures for issuance shall be as set forth in the Village Code.
J. 
The owner shall be responsible for compliance with any and all state and local health, fire and sanitation codes.
K. 
Penalties for violations of any conditions set forth in a special permit will result in a fine of $250 and/or immediate revocation of the special permit.
L. 
The exterior appearance of a bed-and-breakfast residence, including its overall site, shall be maintained in appearance and character as a single-family dwelling. No entrances solely for the purpose of bed-and-breakfast guests shall be permitted.
M. 
No cooking facilities of any kind may be located or used in any of the guest rooms, and no cooking shall be permitted in said guest rooms.
N. 
No special permit for a bed-and-breakfast shall be permitted for any residence or building having more than one kitchen.
O. 
No special permit for a bed-and-breakfast shall issue for any building located within 500 feet of any property line of any parcel containing a bed-and-breakfast or within five lots of an existent bed-and-breakfast, whichever is the greater distance.
P. 
A special permit issued for a bed-and-breakfast may only be transferred to the purchaser of the property upon which the bed-and-breakfast is operated on the following conditions:
(1) 
The purchaser desires the transfer of the special permit.
(2) 
At or prior to closing of title on the property, the purchaser advises the Village Clerk of his/her desire to continue the operation of the bed-and-breakfast and completes a questionnaire providing such information as the Village deems appropriate.
(3) 
At or prior to closing of title on the property, the purchaser must sign and acknowledge his/her consent to the terms and conditions of the existing special permit for the property.
(4) 
Failure to obey the aforesaid transfer requirements terminates the special permit immediately upon transfer of title.
Q. 
A special permit issued for the first time for a bed-and-breakfast on a particular site shall be issued for a period not to exceed one year.
R. 
Special permit applications for a bed-and-breakfast shall require a public hearing, notification by certified mail, return receipt requested, of property owners within 500 feet of the property line, at least 10 days prior to such public hearing, and a posting of the property, for a period of 10 days prior to such hearing, containing a description of the permit requested.
S. 
Special permits for a bed-and-breakfast may be renewed by the person holding the permit, without amendment, for a period of up to three consecutive years, subject only to review by the Board of Trustees and the payment of a fee. In those cases where a special permit for a bed-and-breakfast has been renewed for a period in excess of one year, the fee as set forth by resolution of the Board of Trustees, must be paid for each year of the renewed term, at the beginning of each such year. Failure to pay the fee shall result in the termination of the permit.[1]
[1]
Editor's Note: The current Fee Schedule is on file in the office of the Village Clerk.
T. 
Application for a special permit for a bed-and-breakfast shall be made to the Board of Trustees, through the Village Clerk, in the form prescribed by it, together with an application fee and a fee for each sleeping room offered for rent.
U. 
The Village Clerk shall forward the application, when deemed completed and the fee paid, to the Planning Board for review and comment. Within 21 days of receipt of the application, such comment must be forwarded to the Board of Trustees.
V. 
After review by the Board of Trustees, the application may be denied by the Board of Trustees or a public hearing may be scheduled or the application may be tabled pending receipt of additional information as requested by the Board of Trustees.
W. 
The notification of property owners, as set forth in Subsection R above, shall be to those whose names appear on the last complete tax roll of the Village at the time of the hearing, the applicant shall submit a sworn statement to the Board of Trustees that the owners have been notified and that the property has been posted and shall submit to the Board of Trustees all certified mail receipts by then returned to the applicant.
X. 
The Board of Trustees shall render a decision within 30 days from the date on which the hearing is finally closed.
Y. 
The building shall be in compliance with all applicable zoning, building, fire, electrical and plumbing codes, as well as Section AJ701.1-1.4 of the Residential Code of the State of New York.