[Added 3-5-2013 by L.L. No. 1-2013]
In addition to the other definitions set forth in this chapter, the following definitions shall apply to this article:
BED-AND-BREAKFAST
An owner-occupied building designed, used and occupied as a single-family or two-family residence, managed by the property's owner, and having, as an accessory use incidental to the primary use, bedroom accommodations and breakfast provisions, served in the host's private dining room or kitchen for those accommodated as paying guests, who are referred to, for purposes of this article, as "registered guests."
OWNERSHIP
For purposes of this article, "ownership" shall mean fee ownership is vested in an individual(s) living in the premises as their primary residence, or in an entity such as a trust, corporation or LLC, provided that the premises are occupied as the primary residence by the trust's beneficiary or by an owner of at least 50% of the LLC or corporation, as the case may be, at all times.
A. 
No dwelling unit shall be used as a bed-and-breakfast unless:
(1) 
It is in compliance with the requirements of this article.
(2) 
An annual application for a bed-and-breakfast permit is filed with the Building Inspector with a filing fee in the amount established by resolution of the Piermont Village Board, which fee may be changed in the Board's discretion. Each annual application shall contain, in addition to any other requirements of the Building Inspector, the current deed to the premises, the trust, corporation or limited liability company documents, if applicable, and an affidavit of the individual occupying the property which evidences compliance with the definition of "Ownership" set forth herein.
B. 
Following an inspection of the premises, the Building Inspector issues a bed-and-breakfast permit when he finds the residence meets all the requirements of this article and any other applicable laws, codes or regulations. If the Building Inspector determines that an applicant proposes exterior changes to the structure housing the proposed bed-and-breakfast; or that there is any increase in impervious surface proposed to satisfy the parking requirements associated with the bed-and-breakfast use, then site plan approval from the Planning Board shall be required prior to the issuance of a bed-and-breakfast permit.
C. 
All bed-and-breakfast permits shall be valid for a period of one year from the anniversary date of issuance of the original bed-and-breakfast permit. Absent renewal, a bed-and-breakfast annual permit shall automatically terminate; provided, however, that such permit may be renewed annually if the applicant is in compliance with the provisions of this article and the terms of any previous permit, and files an application for renewal with all required documentation and fees no later than one month prior to the anniversary date of the issuance of the permit.
A. 
The building shall be a detached, single-family or two-family residence with a certificate of occupancy for such use. A bed-and-breakfast may also utilize one accessory building for guest facilities only if such building is approved as an extension of the bed-and-breakfast use by the Building Inspector. Site plan approval from the Planning Board shall be required prior to the issuance of a bed-and-breakfast permit if an applicant proposes any exterior change to the structure housing the proposed bed-and-breakfast, or if there is any increase in impervious surface proposed to satisfy the parking requirements associated with the bed-and-breakfast use.
B. 
The building shall be occupied as a principal residence by its owner while it is also being used and occupied as a bed-and-breakfast. For the purpose of this subsection, the owner shall be either the individual(s) living in the building as a primary residence and vested with fee ownership, a trust's beneficiary living in the premises as a primary residence, or the owner of at least 50% of the corporate entity which owns the premises.
C. 
A single-family or two-family residence providing bed-and-breakfast accommodations may be located in any zoning district. No separate kitchen facilities for registered guests shall be provided. In the case where an existing two-family residence is to be used as a bed-and-breakfast, a separate kitchen may be used by the owner-occupant. For the purpose of this subsection, the owner-occupant shall be either the individual(s) living in the building as a primary residence and vested with fee ownership, a trust's beneficiary living in the premises as a primary residence, or the owner of at least 50% of the corporate entity which owns the premises.
D. 
In addition to the number of bedrooms occupied by the owner in connection with the residential use, the number of bedrooms available for registered guests shall not exceed five.
E. 
The number of registered guests occupying the premises at any one time shall not exceed 10.
F. 
The residence must have a minimum of two parking spaces and at least one parking space for each room to be let. When four or more parking spaces are provided and the parking layout is changed from that previously existing on the site, site plan approval from the Planning Board shall be required, and the parking area shall be screened from direct view of any adjacent residential use.
G. 
Not more than two employees shall be permitted to work on the premises at any time, and none shall be present between the hours of 11:00 p.m. and 6:00 a.m. Members of the owner's immediate family who are residents on the premises shall not be considered employees, whether paid or unpaid. For purpose of this subsection, the owner shall be either the individual(s) living in the building as a primary residence and vested with fee ownership, a trust's beneficiary living in the premises as a primary residence, or the owner of at least 50% of the corporate entity which owns the premises.
H. 
No guest may be registered for more than 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 by the Building Inspector or his designees at any time.
I. 
No meals except for breakfast shall be served on the premises to registered guests.
J. 
The building shall be in compliance with all applicable zoning, building, fire, electrical and plumbing codes. The owner shall provide the Building Inspector with all approvals required by the Rockland County Health Department.
K. 
Any sign at the premises shall be limited to a sign no greater than two square feet.
L. 
A bed-and-breakfast use established hereunder shall be deemed a commercial use, and shall comply with any and all regulatory requirements set forth in the New York State Fire Prevention and Building Code.
M. 
By obtaining a bed-and-breakfast permit, the owner consents to the Building Inspector having a right of entry to the premises, upon reasonable notice, to verify compliance with the requirements of this article.
Any violation of the provisions of this article shall constitute an offense. Upon a conviction for a violation of any of the provisions of this article, the following penalties shall apply:
A. 
A fine not to exceed $500 for each day of noncompliance; and
B. 
A prohibition against the filing of an application (or application for renewal) for a bed-and-breakfast permit for the property for one year from the date of such conviction. Such prohibition shall "run with the land" and therefore apply even if ownership to the premises is transferred.