§ 35-374. Bed and Breakfast.

STATEMENT OF PURPOSE

The purpose of this section is to regulate bed and breakfast establishments within the city. Such establishments as specified by zoning district are subject to the conditions of this section.

(a)

Applicability. The provisions of this section shall apply to the establishment of any bed and breakfast in the city.

(b)

Definitions. Definitions which appear below apply only to this section and shall prevail if in conflict with definitions found elsewhere within this chapter.

(1)

Distressed structure means a structure which has been certified by the historic preservation officer as being more than fifty-one (51) percent uninhabitable or vacant, and/or in disrepair for more than two (2) years.

(2)

Owner of the property means a natural person directly owning at least fifty (50) percent fee simple interest in the property and who shall also occupy the premises as his place of residence.

(c)

Number of Guest Rooms per Structure. The maximum number of permitted guest rooms per bed and breakfast establishment within each zoning district shall be as indicated in the following table. Any bed and breakfast establishment with more than twelve (12) guest rooms shall be considered a hotel and shall be required to comply with the zoning provisions for such uses.

Zoning District	Number of Guest Rooms
RE, R-20, NP-15, NP-10, NP-8, R-6, RM-6	2
R-4, R-5, RM-5	1
RM-4, MH, AE-2 - interior	3
MF-18, MF-25, AE-2 - corner	5
MF-33, MF-40, MF-50, O-1, O-1.5, O-2, AE-1, AE-3	10
NC, C-1, C-2, D	12

 

(d)

Certificate of Occupancy. A certificate of occupancy shall be required for all bed and breakfast establishments.

(e)

Guest Register Required. The owner/operator shall maintain a current guest register to include names, addresses, fees collected and dates of occupancy of all guests.

(f)

Signage Requirements. No signs shall be permitted within residential districts except for a nameplate not exceeding one (1) square foot in size and consisting of the name of the establishment only. This nameplate may be attached to the building, gatepost, gate, or other permanent fixture to allow visibility from the street.

(g)

Parking Space Requirements. One (1) off-street parking space per guest room shall be provided in addition to the required off-street parking for the owner/operator. Tandem parking is allowed; however, except for the driveway, the front yard shall not be used for parking.

(h)

Reserved.

(i)

Regulations Pertaining to Bed and Breakfast Establishments Within Any Zoning District. Except as provided below, no bed and breakfast establishments within these zoning districts may be permitted within three hundred (300) feet laterally and one hundred fifty (150) feet perpendicularly (as below) of any other property authorized for a bed and breakfast use within any zoning district. Such measurements shall be made from the property line of the proposed bed and breakfast to the nearest property line of the existing bed and breakfast. (See Figure 374-1)

Measurement for the location of a proposed bed and breakfast establishment shall be in a straight line (without regard to intervening structures or objects) in three (3) directions. The first measurement shall be from the nearest front property line of the proposed bed and breakfast establishment one hundred fifty (150) feet outward towards the street. The second and third measurements shall be from the two (2) side property lines of the proposed bed and breakfast three hundred (300) feet laterally to the side lot line(s) of adjacent properties.

Specific use authorization approval to operate a bed and breakfast establishment within the above measurement formula of one hundred fifty (150) feet and three hundred (300) feet of another bed and breakfast establishment as defined in subsection (b) above may be granted for the following structures:

(1)

Distressed Structure. The applicant must demonstrate, and the city council must find:

• The restoration of a historic landmark or structure is a valuable addition to the quality and the character of the city; or

• There is proof that a bed and breakfast use is the only economically feasible way to finance the preservation of the structure; and

• The granting of a special city council approval will not adversely impact the residential quality of the neighborhood in which the structure is located.

(2)

Non-Distressed Structure. The applicant must demonstrate, and the city council must find:

• The public welfare and convenience will be served, as demonstrated by subsections (1) and (2), below.

(3)

That nearby streets will not be substantially impacted by the proposed bed and breakfast. To make this determination, the city council shall consider input from the city traffic engineer.

(4)

The residential character of the neighborhood will not be disrupted in a manner to prevent the adjacent owners from the quiet enjoyment of their property.

• The neighboring property will not be substantially injured by such proposed use.

(j)

Regulations Pertaining to Bed and Breakfast Establishments Within the Residential Zoning districts. Bed and breakfast establishments within residential zoning districts shall be managed and occupied by the owner of the property. Permission shall be granted by the director of planning and development services for an on-site manager to be employed by the owner for a time not to exceed one hundred twenty days (120) of a calendar year. If circumstances require the absence of the owner for a period exceeding one hundred twenty (120) days, the director of planning and development services may grant an extension for good cause.

(k)

Nonconforming Rights. Properties which are used as bed and breakfast establishments as of May 6, 1999, as well as properties properly zoned for use as bed and breakfast establishments, may be registered as nonconforming uses at the department of planning and development services and upon such registration shall continue as long as the establishment remains in operation as per article VII of this chapter. Any property currently zoned for use as a bed and breakfast, but not used as such, shall within one (1) year from the May 6, 1999 begin to be used as a bed and breakfast for this subsection to apply.

(Ord. No. 95573 § 6, Amendment "F") (Ord. No. 98697 § 4 and 5) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10; Ord. No. 2015-12-17-1077 , § 2, 12-17-15)