[Ord. No. BB-1, 5-4-1989]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
An operation located in a single-family dwelling used to
house a family unit as its principal place of residence, which offers
overnight accommodations and a morning meal to transient guests in
return for payment, including, but not limited to any operation designed
as an inn or tourist home.
[Ord. No. BB-1, 5-4-1989]
No person shall, directly or indirectly, operate, conduct or
maintain a bed and breakfast operation in the Township without first
procuring a license for the bed and breakfast operation pursuant to
this chapter.
[Ord. No. BB-1, 5-4-1989]
The fact that any person represents that he is engaged in a
bed and breakfast operation or that he exhibits or publishes an advertisement
indicating that he is engaged in a bed and breakfast operation shall
be prima facie evidence that such person is required to have a license
therefor as is required by this chapter.
[Ord. No. BB-1, 5-4-1989]
Each person required to procure a license for a bed and breakfast
operation pursuant to this chapter shall make application for such
license to the Township zoning inspector in the form and in the manner
prescribed by the zoning inspector. This application shall state such
facts as may be required for, or applicable to, the granting of the
bed and breakfast operation license, including, without limitation,
all of the following:
(1)
The full names, business addresses and residence addresses of all
owners and proprietors of the proposed bed and breakfast operation;
(2)
The place in the Township where the bed and breakfast operation will
be located;
(3)
A list of all assumed or trade names under which the applicant intends
to do business;
(4)
A scaled floor plan of the single-family dwelling where the bed and breakfast operation will be located showing compliance by the proposed bed and breakfast operation with the zoning regulations in Chapter 38, any other applicable Township ordinances, and the terms of this chapter;
(5)
A scaled site plan for the lot on which the single-family dwelling
is located showing proposed parking for the permanent residents of
the single-family dwelling as well as the bed and breakfast operation
guests; and
[Ord. No. BB-1, 5-4-1989]
The zoning inspector shall give notice to the surrounding neighborhood
that an application for a bed and breakfast operation license has
been received by mailing a written notice to all persons to whom real
property is assessed within 300 feet of the lot on which the bed and
breakfast operation is to be located. This notice shall be mailed
not less than 10 days before the date on which the zoning inspector
intends to act on the application. The notice shall be mailed by first-class
mail, postage prepaid. The notice shall state the name of the applicant
and the proposed location of the bed and breakfast operation. The
notice shall also state the date on which the zoning inspector intends
to act on the application and that any person desiring to comment
concerning the application may do so in writing addressed to the zoning
inspector.
[Ord. No. BB-1, 5-4-1989]
In every case when application is made for the initial granting of a bed and breakfast operation license, the zoning inspector shall inspect the premises to be utilized for the bed and breakfast operation and, as part of that inspection, verify that such premises comply with all requirements of the zoning regulations in Chapter 38, other applicable ordinances and this chapter. With respect to applications for renewal of an existing license, the zoning inspector may, in his discretion, inspect the premises to be utilized for the bed and breakfast operation.
[Ord. No. BB-1, 5-4-1989]
After considering the application for the bed and breakfast operation license, reviewing communications, if any, from all interested parties, completing the inspection, if applicable, described in Section 8-6, and considering the provisions of Section 8-10, the zoning inspector shall take action to either grant or deny the license. The zoning inspector shall promptly notify the applicant of his decision. The zoning inspector shall keep a record of all license applications received and the action taken thereon. If a license is granted, the zoning inspector shall issue a license to the applicant on an appropriate Township form.
[Ord. No. BB-1, 5-4-1989; Ord. No. BB-2, 4-13-1995]
The following restrictions and requirements shall apply to all
bed and breakfast operations:
(1)
The bed and breakfast operation shall be located only in a single-family
detached dwelling. This dwelling shall be occupied by the licensee
and his family unit as their principal place of residence. The licensee
shall be in residence when the bed and breakfast operation is active;
(2)
The dwelling within which the bed and breakfast operation is located
shall have a minimum of two exits to the outdoors;
(3)
Any room utilized for guest sleeping shall have a minimum size of
100 square feet for two occupants and an additional 30 square feet
for each additional occupant. In addition, any room utilized for guest
sleeping shall have an outside window for emergency egress which meets
all size and other requirements contained in the state construction
code as amended from time to time;
(4)
The maximum number of guests occupying any sleeping room shall be
four;
(5)
Each sleeping room utilized for guest occupancy shall have a separate
operational smoke detector alarm which shall meet the requirements
of the state construction code;
(6)
Lavatories and bathing facilities shall be available for all guests;
(7)
No separate cooking facilities shall be provided for bed and breakfast
operation guests;
(8)
One off-street parking space shall be required for each room utilized
for bed and breakfast operation guest sleeping. No on-street parking
shall be permitted for bed and breakfast operation guests or for the
regular occupants of the dwelling. Parking shall be provided in such
a manner as to not alter the residential character of the neighborhood
within which the dwelling is located and in such a manner that vehicles
are parked so as to have no significant visual impact on the neighborhood
and in such a manner as to not obviously identify the dwelling as
housing persons beyond the normal permanent family residents;
(9)
The maximum stay for any guest of a bed and breakfast operation shall
be for not more than 30 days in any calendar year;
(10)
No more than 50% of dwelling floor area shall be utilized for guest
sleeping rooms. No more than six guest sleeping rooms shall be permitted
in any one dwelling;
(11)
No sign shall be permitted identifying the bed and breakfast operation.
[Ord. No. BB-1, 5-4-1989]
An application for renewal of a license shall be considered in the same manner as an original application except that the applicant shall not be obligated to provide the information specified in Section 8-4(4) through (6), unless there has been a change in these items since the time of the last application.
[Ord. No. BB-1, 5-4-1989]
(a)
The issuance of a license for a bed and breakfast operation may be
denied by the zoning inspector and a license which has been issued
may be revoked or suspended by the supervisor at any time, for any
of the following reasons:
(1)
Fraud, misrepresentation or any false statement made in the application
for the bed and breakfast operation license;
(2)
Any violation of or failure or inability to comply with this chapter, the zoning regulations in Chapter 38, or any other applicable Township ordinance;
(3)
Conducting the bed and breakfast operation in an unlawful manner
or in such a manner as to constitute a breach of the peace or to constitute
a menace to the health, safety or welfare of the Township; or
(4)
Conducting the bed and breakfast operation in a manner that endangers,
offends or interferes with the safety or rights of others so as to
constitute a nuisance.
(b)
A written notice of suspension or revocation shall be delivered to
the licensee personally or mailed by ordinary mail, postage prepaid,
to the licensee's address as shown on the application for the
bed and breakfast operation license. Such notice shall state the reasons
for suspension or revocation.
(c)
Any person whose license is revoked or suspended, or any person whose
application for a license is denied, shall have a right to a hearing
before the Township Board, provided a written request therefor is
filed with the Township Clerk within 10 days following the delivery
or mailing of the notice of revocation or suspension or within 10
days following receipt of notice of denial of an application for a
license.
(d)
The Township Board may reverse any determination to issue or to deny
the issuance of a license, or any revocation or suspension of a license.
No person shall operate any bed and breakfast operation during any
time when the license therefor has been suspended or revoked.
[Ord. No. BB-1, 5-4-1989]
The license year for bed and breakfast operation licenses shall
terminate on December 31, at 12:00 midnight, next after the issuance
of such license. The expiration date of each license shall be indicated
on the face thereof.
[Ord. No. BB-1, 5-4-1989]
No license issued under this chapter may be transferred. Any
license issued hereunder is personal to the applicant and shall not
be transferred should the license holder sell or transfer the premises
for which the bed and breakfast operation license has been granted
to a third party. Likewise, no bed and breakfast operation license
can be transferred from one dwelling to another.
[Ord. No. BB-1, 5-4-1989]
(a)
No license shall be issued until the required fee has been paid.
(b)
The license fee for a bed and breakfast operation license shall be
established by the Township Board from time to time, by resolution.
(c)
If the license year shall terminate within six months or less from
the date the license is issued, the required fee shall be 1/2 of the
required annual fee.
(d)
The required license fee shall be doubled if the licensee fails to
renew the bed and breakfast operation license on or before its expiration
date.
[Ord. No. BB-1, 5-4-1989; Ord. No. 95-1, 1-12-1995]
Any person who shall violate a provision of this chapter or
shall fail to comply with any of the requirements thereof, shall be
responsible for a municipal civil infraction.
