[Ord. No. 1314 §1(427.010), 8-20-2002]
A.
ADMINISTRATIVE OFFICER
BED AND BREAKFAST ESTABLISHMENT
Definitions. As used in this Chapter, the following terms
shall have the meanings ascribed below:
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.
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.
B.
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:
1.
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.
2.
No other type of occupation or profession shall be permitted within
the building where the bed and breakfast establishment is located.
3.
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.
4.
No non-family person shall be employed.
5.
No offensive noise, vibration, smoke, dust, odors, heat or glare
shall be produced.
6.
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.
7.
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.
8.
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.
9.
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.
10.
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.
11.
No lodger shall be rented a room for longer than seven (7) consecutive
days.
12.
No meals shall be served, except for breakfast.
13.
Meals shall be served only to overnight guests.
14.
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]
A.
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.
B.
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.
C.
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]
A.
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.
B.
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:
1.
The violations found;
2.
The specific standards which must be met;
3.
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.
