[Ord. No. 445,
passed 2-26-1990]
This chapter is established to enable one- and two-family and
apartment units of historic significance to conduct bed and breakfast
operations as defined in the City Zoning Code. This chapter is enacted
on the basis of the public policy that supports the City as a tourist
destination for persons interested in the architectural and historical
significance of the City's one- and two-family and apartment
structures. This chapter also focuses on the need to provide an incentive
for owners to continue occupancy and maintenance of historic structures.
This chapter emphasizes protection to neighborhoods with the provision
of standards that prohibit nuisances and detrimental change in the
character of any site proposed for a bed and breakfast operation.
[Ord. No. 445,
passed 2-26-1990; Ord. No. 707, passed 8-14-2006]
(a)
The structure to be used as a bed and breakfast establishment shall
be of historic significance. It is the applicant's responsibility
to show proof of historic significance to the Planning Commission.
(b)
No premises shall be utilized for a bed and breakfast operation unless
there are at least two exits to the outdoors from such premises. Rooms
utilized for sleeping shall have a minimum size of 100 square feet
for two occupants, with an additional 30 square feet for each additional
occupant, to a maximum of four occupants per room. Each sleeping room
used for the bed and breakfast operation shall have a separate smoke
detector alarm, as required in the City Fire Prevention Code. Lavatories
and bathing facilities shall be available to all persons using any
bed and breakfast operation.
(c)
Two off-street parking spaces, plus one additional off-street parking
space per room to be rented, must be provided.
(d)
No building or structure shall be removed in order to allow for a
bed and breakfast use, nor shall such a building or structure be removed
in order to provide parking for such a use.
(e)
All parking spaces shall be paved to City standards with materials which maintain the historical character of the neighborhood in accordance with Chapter 1296 of the Zoning Code.
(f)
If the applicant is unable to meet the criteria of subsections (c), (d) or (e) hereof, the applicant may request special consideration from the Planning Commission through a site plan review process. The City's intent is not to encourage yards to be destroyed, landscaping to be removed or the integrity of the neighborhood to be altered in order to provide parking.
(g)
Identifying signs are permitted. One nonilluminated sign or illuminated
sign, not to exceed 10 square feet in area, shall be permitted. Signs
permitted shall identify only the name of the building, shall be located
25 feet back from the front of the property line and/or attached flat
on the face of the building and shall be erected in such a manner
that the source of light shall not be visible from the street or adjoining
premises.
(h)
The dwelling unit in which the bed and breakfast takes place shall
be the principal residence of the real property owner or inn-keeper,
and said real property owner or inn-keeper shall live on the premises
when the bed and breakfast operation is active.
(i)
The structure shall remain a residential structure.
(j)
Meals shall be served only to persons renting a sleeping room or
rooms and their guests, this number combined not to exceed the occupancy
load as established in the Fire Prevention Code regarding usable floor
area.
(k)
Each operator shall keep a list of the names of all persons staying
at the bed and breakfast operation. Such list shall be available for
inspection by City officials at any time.
(l)
The maximum continuous stay for any occupants of bed and breakfast
operations shall be 21 days.
(m)
The bed and breakfast sleeping room(s) shall occupy no more than
a total of 25% of the dwelling unit floor area.
(n)
Bed and breakfast establishments existing at the time of the adoption
of this chapter must become licensed forthwith.
(o)
The maximum number of occupants permitted must be posted in a visible
location in the establishment.
(p)
Each licensee shall maintain a minimum of $300,000 liability insurance.
A certificate of insurance shall be presented by license applicants
at the time of application.
[Ord. No. 445,
passed 2-26-1990; Ord. No. 700, passed 1-23-2006]
It shall be unlawful for any person to operate a bed and breakfast
operation, as defined and as permitted by the Zoning Code, without
first having obtained a license therefor. The fee for the issuance
of a license required under this chapter shall be collected by the
office of the City Clerk. The fee for the issuance of the license
shall be $50 annually; this fee may be changed hereafter by Council
resolution. An annual license fee of $50 shall be paid at the office
of the City Clerk, who shall issue the license in January of each
year.
[Ord. No. 445,
passed 2-26-1990]
Applicants for a license to operate a bed and breakfast establishment
shall submit a site plan of the dwelling unit illustrating that the
proposed operation will comply with the City Zoning Code, as amended,
other applicable City codes and ordinances, and the terms of this
chapter.
[Ord. No. 445,
passed 2-26-1990]
The floor plan for the bed and breakfast operation shall be
reviewed by the City Building Inspector for compliance with all applicable
City, State and Federal building, mechanical, electrical, plumbing,
property maintenance and fire codes, ordinances and regulations. If
the City Building Inspector finds that an applicant cannot meet a
particular requirement of such codes, ordinances or regulations, then
the City Building Inspector shall have the authority to deny the applicant
a license. Such denial may be appealed to the City Building Code Board
of Appeals, which may then hold a hearing on the case and either affirm
or reverse the decision of the City Building Inspector. If the City
Building Code Board of Appeals reverses the decision of the City Building
Inspector, the application shall then be forwarded to the City Planning
Commission.
[Ord. No. 445,
passed 2-26-1990; Ord. No. 700, passed 1-23-2006]
After an application is duly filed with the City Clerk for a license under this section, and the Building Inspector or the City Building Code Board of Appeals has approved the issuance of the license, the Planning Commission shall determine whether a license shall be issued, based on the criteria contained in Section 808.02 and upon the public need to protect neighborhoods from detrimental change and to encourage the occupancy and maintenance of historic buildings and structures by one- and two-family apartment owners. In its determination, the Planning Commission shall consider the number of bed and breakfast operations required to provide for such public need, and the Planning Commission shall consider the effect upon residential neighborhoods and public convenience, concentration and location of existing license holders, and the necessity of the issuance of additional licenses.
[Ord. No. 445,
passed 2-26-1990]
The City Building Commissioner shall have the authority to renew,
refuse to renew, suspend or revoke a license for continued and repeated
violations of the provisions of this chapter.
[Ord. No. 445,
passed 2-26-1990]
A decision by the Planning Commission to deny a license, or
a decision by the City Building Commissioner to refuse to renew, suspend
or revoke a license granted hereunder, may be appealed to Council
by filing a Notice of Appeal with Council within 30 days after such
decision. Council shall, within 30 days after the application is filed,
hold a public hearing to consider such appeal. Council, after an opportunity
for the holder of such license to be heard, shall either affirm or
reverse the decision of the Building Commissioner or the Planning
Commission.
[Ord. No. 445,
passed 2-26-1990]
Bed and breakfast operations shall not be permitted whenever
the operation endangers, offends or interferes with the safety or
rights of others so as to constitute a nuisance.
[Ord. No. 500,
passed 12-12-1994]
The Building Commissioner or his or her designated representative, and/or the Zoning Administrator or his or her designated representative, and/or the Director of Police and Fire Services and his or her designated representative, are hereby designated as the authorized City officials to issue Municipal civil infraction citations (directing alleged violators to appear in court) or Municipal civil infraction violation notices (directing alleged violators to appear at the City of Coldwater Municipal Ordinance Violations Bureau) as provided in Chapter 211 of the Administration Code.
[Ord. No. 500,
passed 12-12-1994]
A person who violates any provision of this chapter is responsible
for a Municipal civil infraction and shall be subject to the payment
of a civil fine of not less than $50, plus costs and other sanctions,
for each infraction. A second offense, within a period of 90 days,
shall be subject to a civil fine of not less than $75, plus costs
and other sanctions, for each infraction. Third and subsequent offenses,
within 90 days, shall be subject to a civil fine of $100, plus costs
and other sanctions, for each infraction.
