[Ord. No. 1314 §1(427.010), 8-20-2002]
Definitions. As used in this Chapter, the following terms shall have the meanings ascribed below:
- ADMINISTRATIVE OFFICER
- The official designated by the Board of Aldermen of the City to administer and enforce the provisions of this Chapter or, in the event no such designation is made, the City's Building Code and Zoning Enforcement Officer.
- BED AND BREAKFAST ESTABLISHMENT
- A dwelling unit having not more than three (3) guest rooms where travelers for compensation are lodged for sleeping purposes with a morning meal provided.
Limited Use. Upon application therefore to the City, bed and breakfast establishments shall be a permitted use in all zoning districts in which residential dwelling units are permitted by right or by special permit, subject to the provisions of this Section. A bed and breakfast establishment shall be carried on entirely within the dwelling unit by a member of the family residing in the dwelling unit, shall clearly be incidental and secondary to the use of the dwelling unit for residential purposes and shall conform to the following standards and provisions:
All owners or operations of a bed and breakfast establishment shall register on or before January first (1st) of each year with the City Clerk on a form provided by the City Clerk. Any necessary business license shall first be obtained.
No other type of occupation or profession shall be permitted within the building where the bed and breakfast establishment is located.
No more than three (3) bedrooms, nor more than fifty percent (50%) of the livable floor area of the building, may be used for the bed and breakfast establishment. The applicant shall provide a floor plan showing the specific location of the areas to be used for the bed and breakfast establishment.
No non-family person shall be employed.
No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
There shall be no exterior display, no exterior sign, except as permitted herein, no exterior storage of materials and no other exterior indication of the bed and breakfast establishment or variation from the residential character of the building.
One (1) sign shall be permitted that shall be an unanimated, non-illuminated, flat or window sign having an area of not more than one hundred forty-four (144) square inches. The sign shall be attached flat to the building or located within a window area.
No machinery or equipment shall be installed that interferes with radio or television reception and that is not customarily incidental to the bed and breakfast establishment. In no case shall any machine exceed one (1) rated horsepower.
One (1) unobstructed off-street parking space shall be provided for each available bedroom in the bed and breakfast establishment; provided that the Board of Aldermen may grant a variance form this requirement upon application therefore if the Board of Aldermen determines that adequate parking already exists.
No existing dwelling may expand for the primary purpose of establishing a bed and breakfast establishment; the submittal of an application for a bed and breakfast establishment within one (1) year of the completion of any addition to a dwelling unit shall be conclusively deemed to constitute an expansion for the primary purpose of establishing a bed and breakfast establishment and shall be ground for denying such application.
No lodger shall be rented a room for longer than seven (7) consecutive days.
No meals shall be served, except for breakfast.
Meals shall be served only to overnight guests.
The owner/occupant shall be required to maintain a guest register that shall be available for inspection by the City.
[Ord. No. 1314 §1(427.020), 8-20-2002]
Registration Required. All existing bed and breakfast establishments shall register with the City Clerk within one hundred twenty (120) days of the effective date of this Section. Those establishments failing to register within the one hundred twenty (120) day period shall be subject to the provisions of this Section one hundred twenty (120) days from the effective date of this Section.
Transfers. Any residential dwelling which is used as a bed and breakfast establishment on the effective date hereof, upon the sale, transfer or rental of such property by the initial registrant hereunder, shall not be used for a bed and breakfast establishment, except as herein provided.
Expansions. No bed and breakfast establishment existing on the effective date hereof shall increase the floor area occupied except in conformity herewith.
[Ord. No. 1314 §1(427.030), 8-20-2002]
Inspections. It shall be the duty of the Administrative Officer to enforce the provisions of this Chapter. At any reasonable time, the Administrative Officer may inspect any bed and breakfast establishment regulated by this Chapter.
Violations. Whenever the Administrative Officer determines that a bed and breakfast establishment is in violation of any provisions of this Chapter, the Administrative Officer shall give written notice of such alleged violation to the owner which shall state:
The violations found;
The specific standards which must be met;
The bed and breakfast establishment must be brought into compliance within thirty (30) days or, if it is determined that compliance cannot be achieved, the bed and breakfast establishment shall be discontinued within thirty (30) days.