[Added 5-11-1990 by L.L. No. 8-1990]
[Amended 4-8-1998 by L.L. No. 3-1998]
In addition to the other definitions set forth
in this chapter, the following definitions shall apply to this article:
An owner-occupied dwelling designed, used and occupied as
a one-family or two-family dwelling, managed by the property's owner
and having as an accessory 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 the purposes
of this article as "registered guests."
[Added 4-8-1998 by L.L. No. 3-1998[1]]
A.
No dwelling or building shall be used as a bed-and-breakfast
unless:
B.
An application for a bed-and-breakfast permit shall be filed with the Building Inspector with a fee to be determined by the Village Board under Chapter A200 of the Village Code.
C.
Following an inspection of the premises, the Building
Inspector is authorized to issue a bed-and-breakfast permit, based
upon a finding that the property complies with all the applicable
requirements of this article and chapter.
D.
All permits issued under this article shall be valid
for one year. All renewals shall be subject to the provisions of this
article.
The Building Inspector is authorized to issue
a permit for a bed-and-breakfast in the following zoning districts:
R-1, R-2, R-3, R-4, HC and B-1.
[Added 4-8-1998 by L.L. No. 3-1998[1]]
A.
The dwelling shall be a detached, one family or two-family
dwelling with a certificate of occupancy for such use. A bed-and-breakfast
may also utilize one accessory building for guest facilities only
if it is approved as a special permit use by the Village Board.
B.
The dwelling shall be occupied as a principal residence
by its owner during any period of time in which it is also being used
and occupied as a bed-and-breakfast.
C.
There shall be no separate kitchen facilities for
the use of registered guests. In the case of a two-family dwelling
which is utilized as a bed-and-breakfast, a separate kitchen may be
utilized by the owner-occupant.
D.
In addition to the number of bedrooms occupied by
the owner in connection with the use of the dwelling as a one- or
two-family dwelling, the number of bedrooms available for registered
guests shall not exceed five.
E.
The number of registered adult guests over the age
of 18 shall not exceed two per bedroom.
F.
The residential use of the owner must have a minimum
of two parking spaces. In addition, there shall be at least one parking
space per bedroom devoted to the bed-and-breakfast. The parking area
shall be screened from the direct view of any adjacent residential
use. The parking and landscaping plan for the premises shall be referred
to the Planning Board and approved by the Planning Board before a
permit is issued pursuant to this article. No public hearing shall
be required by the Planning Board before it approves said landscape
plan.
G.
There shall not be more than one employee on the premises
working at any given time, and no employees shall be permitted between
the hours of 11:00 p.m. and 5:00 a.m. Members of the owner's immediate
family who are residents on the premises shall not be considered employees
under this section, whether or not they are compensated.
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. All guests shall be required to register, including the
date of check in and check out.
I.
No meals except for breakfast shall be served on the
premises to registered guests. Breakfast may only be served between
the hours of 6:00 a.m. and 11:00 a.m.
J.
The building shall be in compliance with all applicable
zoning, building, fire prevention, electrical, plumbing and health
requirements.
K.
The Building Inspector shall have the right after
the issuance of the permit to inspect the premises permitted as a
bed-and-breakfast at reasonable times. With the acceptance of the
permit the owner consents to said inspections.
L.
The permit issued under this article shall be posted
in a conspicuous place at the subject building in a location that
is readily accessible to the public.
[1]
Editor's Note: This local law also provided
for the repeal of former § 197-87, Approval of permit by
Building Inspector, as amended.
The Building Inspector, upon determining that a violation of this article has occurred may, in addition to the penalties available in § 197-83 of the Village Code, revoke the permit to operate the bed-and-breakfast residence. Such revocation notice must be sent to the owner of the subject premises at the address set forth in the application for a permit, on file at the Village office, by certified mail, return receipt requested, or, in the alternative, posted at a conspicuous place on the subject property. Said notice shall specify the violation that is the basis of the revocation.
The revocation of the subject permit shall become
effective 30 days after the mailing of the notice or the posting on
the property unless the owner appeals said notice of revocation to
the Zoning Board of Appeals within 30 days from the mailing or posting
of said notice of revocation. If said owner fails to file a formal
application for review to the Zoning Board of Appeals in the aforementioned
time period, the owner shall be deemed to have waived his right to
a hearing with respect to the revocation of his permit.
The Zoning Board of Appeals, shall fix a reasonable
time for the hearing of such appeals and may reverse or affirm, in
whole or in part, or may modify the Building Inspector's determination
to revoke the bed-and-breakfast permit.
Should any permit be revoked for failure to
comply with the provisions of this article or should any owner be
found guilty of failing to obtain the permit as provided for herein,
such owner shall be barred from making an application or reapplication
for one year from the date of determination of noncompliance.
Any premises which is occupied as a group rental pursuant to Article V of the Zoning Code of the Village of Westhampton Beach shall not be eligible for a bed-and-breakfast permit.
