[HISTORY: Adopted by the Board of Trustees of the Village
of Mount Morris 3-10-1994 by L.L. No. 3-1994. Amendments noted where
applicable.]
The purpose of this chapter is to authorize and regulate the
establishment and operation of bed-and-breakfasts in the Village of
Mount Morris and to ensure the preservation of the character, integrity
and property values of surrounding areas within which such facilities
are located and maintained.
As used in this chapter, the following terms shall have the
meanings indicated:
A dwelling in which rooms are rented to guests with no more
than one meal served daily, and the entire service, food and lodging
are to be included in one stated price.
A building containing one or more rooms with provision for
living, cooking, sanitary and sleeping facilities arranged for the
permanent occupancy of one family and used exclusively therefor.
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. All bed-and-breakfasts
are, for the purpose of such code and this chapter, classified as
B-2 (transient occupancy) for the purpose of construction, conversion
and alteration under said code, rules and regulations.
Bed-and-breakfasts shall be a permitted accessory use in any
and all of the R Districts of the Village of Mount Morris as established
in the Village Zoning Code.[1]
A.
No bed-and-breakfast shall be established or operate within the Village
of Mount Morris without first obtaining an application issued by the
Code Enforcement Officer in accordance with the terms and conditions
of this chapter. The applicant will submit four copies of each of
the following: an application, site plan and other supporting documentation
to the Code Enforcement Officer along with a nonrefundable application
fee as shall be set from time to time by resolution of the Village
Board of Trustees.[1] The power to approve, approve with conditions or deny
the application and site plan as required by this chapter is vested
in the Code Enforcement Officer after review thereof by the Village
Planning Board.
[Amended 9-9-2004 by L.L. No. 2-2004]
[1]
Editor's Note: The current fee resolution is on file
in the office of the Village Clerk.
B.
Upon receipt of the application, site plan and application fee, the
Code Enforcement Officer shall examine and review same to determine
that it is complete, adequate in all respects and complies with the
conditions of this chapter. After he has reviewed the application,
site plan and other supporting documentation and determined same to
be complete in all respects, he shall refer same to the Planning Board
for its review and action within seven days of receipt of the application.
Simultaneously he shall deliver the application fee to the Village
Clerk-Treasurer. The application and site plan shall contain the following:
(1)
Name, address and telephone number of the owner(s) and the applicant
if the owner is not the applicant.
(2)
Address of proposed bed-and-breakfast, together with tax parcel identification
number.
(3)
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 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 applicant's property,
and the current uses thereof.
(6)
The site plan shall be drawn to scale and include the following information:
(a)
Title of drawing.
(b)
North point, scale and date.
(c)
Boundaries of the project (site).
(d)
Location of all existing or proposed site improvements, including
buildings, additions, expansions, driveways, parking areas, streets,
retaining walls, fences and hedges.
(e)
Location of all existing and proposed access and egress drives.
(f)
Location, design and size of all existing and proposed signs
and outdoor lighting facilities.
(g)
Location of existing and proposed buffer and screening areas,
structures and vegetation.
C.
The Planning Board 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 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 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 provided no variation from the residential
character of the site.
C.
Each bed-and-breakfast shall be established, maintained and operated
so as to 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 the Village Zoning Code.[1]
D.
The number of paying guests accommodated per night shall not exceed
24. Further, no guest shall stay for a period of time in excess of
30 consecutive days.
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 property installed and functioning on or near the
ceiling in the room or hallway from which each bedroom rented to paying
guests exists.
F.
The Code Enforcement Officer shall be given such access to the dwelling
as he 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 eight
square feet in area. No freestanding sign shall be located less than
15 feet from the front property line nor less than five feet from
the side property line. No freestanding sign may be located less than
50 feet from any other freestanding sign. Further, said sign or display
shall be as unobtrusive as reasonably possible and may be illuminated
by no more than two seventy-five-watt light bulbs which shall be shielded
so as to prevent glare, etc.
H.
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.
I.
The driveway entrance or exit shall not exceed 15 feet in width.
J.
The Planning Board shall have the right to impose and include much
other and additional conditions as it may deem necessary to effectuate
the purpose of this chapter.
K.
The owner shall not make any change, deviation, modification or variation
from the application and site plan once the same is approved by the
Planning Board.
L.
Minimum lot size is 10,000 square feet.
M.
Minimum house size is 2,000 square feet.
A.
Within 30 days of the Planning Board's receipt of a completed
application and site plan from the Code Enforcement Officer, the Planning
Board shall act on it. In the event that the Planning Board fails
to take such action, the application and site plan shall be deemed
approved. The Planning Board's action shall be in the form of
a written statement to the Code Enforcement Officer with a copy to
the applicant clearly stating its recommendation for approval, conditional
approval with the conditions enumerated, or denial with the reasons
therefor. A copy of the minutes of the Planning Board meeting at which
the application and site plan are considered may be deemed a sufficient
report. The Planning Board's review of the application and site
plan shall include but not be limited to the following considerations:
(1)
Adequacy and arrangement of vehicle traffic access and circulation.
(2)
Location, arrangement, appearance and sufficiency of off-street parking.
(3)
Location, arrangement, size and design of lighting and signs.
(4)
Relationship and compatibility of proposed use (bed-and-breakfast)
to uses of adjacent parcels in the immediate vicinity, together with
their scale.
(5)
Adequacy, type and arrangement of trees, shrubs, fences and other
landscaping or improvement constituting a visual or noise-deterring
buffer between the site and adjacent or adjoining uses.
(6)
Any other matter which may effect the health, welfare and safety
of the community as a whole and the parcels in the immediate vicinity
of the site.
B.
The Planning Board's statement may include recommendations as
to desired renovations to the application and site plan.
Any provision of the Mount Morris Village Zoning Code[1] or the local laws of the Village of Mount Morris which
are in conflict with or inconsistent with this chapter shall be deemed
repealed to the extent of such inconsistency on the effective date
of this chapter.
A violation of these zoning provisions is hereby declared to
be an offense, punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for a conviction of a second offense both of which
were committed within a period of five years, punishable by a fine
not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and, upon conviction for a third
or subsequent offense all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of such zoning provisions
shall be deemed misdemeanors and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation shall constitute a separate additional
violation.
