[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:
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."
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.
