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Adult entertainment businesses shall be conditionally permitted in accordance with the following schedule:
Conditionally Permitted Use | Districts Wherein Permitted |
Conditionally Permitted Use | Districts Wherein Permitted |
Adult book store | C-II Commercial District |
I-I Light Industrial District | |
I-II General Industrial District | |
Adult motion picture drive-in theater | C-II Commercial District |
I-I Light Industrial District | |
I-II General Industrial District | |
Adult motion picture theater | C-II Commercial District |
I-I Light Industrial District | |
I-II General Industrial District | |
Adults only entertainment establishment | C-II Commercial District |
I-I Light Industrial District | |
I-II General Industrial District | |
(Ord. 16-97, passed 7-14-1997)
BED AND BREAKFAST ESTABLISHMENTS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. The resident owner of the property under consideration for a permit under this subchapter, or an authorized agent thereof.
BED AND BREAKFAST ESTABLISHMENT. A single-family residence that is occupied by the resident owner thereof, which may provide overnight lodging to paying nonresident guests, and in which such nonresident guests may be served breakfast only, and which has been granted a permit under this subchapter as complying with all other applicable state and local regulations.
BUSINESS DAY. Monday through Friday, 8:00 a.m. until 5:00 p.m. exclusive of legal holidays.
DEDICATED BATHROOM. A room consisting of a water closet, sink and bathtub or shower facility that is identified as being available for use by the nonresident guests.
DOCUMENT OF ACCEPTANCE. A document setting forth the applicant’s acceptance of the terms of the special bed and breakfast use permit.
HOUSEHOLD BATHROOM. A room consisting of a water closet, sink and bathtub or shower facility that is used or intended to be used by the resident owners, resident family members or resident guests, residing in the dwelling or the invited guests thereof. The HOUSEHOLD BATHROOM shall be separate from the dedicated bathroom and shall not a part of a nonresident guest room.
HOUSEHOLD KITCHEN. A room designed or intended to be used by the resident owner or the immediate family thereof residing on the premises for the preparation of meals and that includes cooking, refrigeration, and sink facilities.
INFANT. A very young human being, ranging in age between birth and two years of age.
INVITED GUEST. A friend, acquaintance, family member or other individual invited to the property by the resident owner, a resident family member or resident guest residing on the property without compensation.
NONRESIDENT GUEST. An individual who compensates the resident owner to stay in a nonresident guest room for a period not exceeding 30 days in any 12-month period.
NONRESIDENT GUEST ROOM. A bedroom or suite, including a dedicated bathroom but not including a kitchen or kitchenette, that is used, by or intended to be used by a nonresident guest for compensation.
ORIGINAL APPLICATION. An initial application, meeting the requirements of this subchapter, submitted by a resident owner to obtain a special bed and breakfast use permit to operate a bed and breakfast establishment.
RENEWAL APPLICATION. An application submitted per the procedure of this subchapter by a resident owner to operate a bed and breakfast establishment for an additional one-year period following the July 31 expiration of a valid special bed and breakfast use permit to operate a bed and breakfast establishment.
RESIDENT FAMILY MEMBER. A member of the resident owners’ immediate family who has established legal residency at the property.
RESIDENT GUEST. An individual other than a member of the resident owners’ immediate family who has established legal residency at the property.
RESIDENT OWNER. The owner or owners of the property who reside on the premises.
VILLAGE ADMINISTRATOR. The individual appointed by Village Council as the Village Administrator of the Village of Bluffton or a duly appointed representative thereof.
(Ord. 10-2013, passed 5-28-2013)
(A) Original application. Any resident owner of real property within the village seeking a special bed and breakfast use permit to operate a bed and breakfast establishment shall file an application addressing the submission requirements and the approval criteria of this subchapter with the Village Administrator in accordance with the provisions of this subchapter and pay the special bed and breakfast use permit fee established herein.
(B) Village Administrator review. The Village Administrator or his or her designee shall examine the property within 15 business days of receiving the original application to determine if it is suitable for such use according to the building, sanitation and fire laws and ordinances of the village and the state. The Village Administrator shall also review the original application to determine its completeness.
(1) If, in the sole reasonable opinion of the Village Administrator, the property meets such laws and ordinances and the application is complete, the application along with the Village Administrator’s report thereon shall be forwarded to the Village Council for review at which time, the Village Council shall set a date for a public hearing on the said application in accordance with § 153.483.
(2) If, in the sole reasonable opinion of the Village Administrator, the property fails to meet such laws and ordinances, and/or if the application is not complete:
(a) The application shall be rejected and the Village Administrator shall notify the applicant of the rejection and the reasons for rejection;
(b) Upon being notified of rejection, the applicant may:
1. Withdraw the application; or
2. a. Modify the application so as to address the reasons for rejection in the Village Administrator’s notice of rejection, demonstrate compliance with the applicable provisions of the law, and correct and/or provide any missing or incomplete information.
b. The modified application may be resubmitted to the Village Administrator for reconsideration within 45 days of the date of the notice of rejection issued by the Village Administrator. If the modified application is submitted beyond this time period, it shall be considered null and void and the procedure for submitting an original application will apply.
(Ord. 10-2013, passed 5-28-2013)
(A) Within 35 days of receiving the application after review by the Village Administrator, Village Council shall conduct a public hearing on the application and make a decision as soon thereafter as practicable.
(B) The Village Administrator, at the direction of Council, shall give 30 days’ notice of the time and place of the public hearing in a newspaper of general circulation in the village, and shall notify by ordinary mail the owners of property within the a 200-foot radius of the property as identified in the application, of the pending application, the address of the proposed bed and breakfast, and the time, date and location of the meeting at which the Village Council will consider the application.
(1) Council shall consider the following in deciding whether to approve an ordinance authorizing the special bed and breakfast use permit to operate a bed and breakfast establishment:
(a) Whether the application for a bed and breakfast establishment meets the requirements of this subchapter;
(b) The Village Administrator’s report and recommendations for waiver or modification, if any;
(c) Evidence presented at the public hearing;
(d) Any evidence presented by the Mayor, members of the administration and the public; and
(e) The impact on the public peace, health, safety, morals and welfare of the surrounding neighborhood.
(2) Council may issue a special bed and breakfast use permit only if the proposed bed and breakfast does not, by nature or in terms of the requirements of this subchapter, have a detrimental impact on the community. In making this determination, Council shall consider the following factors:
(a) Whether the proposed bed and breakfast establishment will promote the purpose of this subchapter in enhancing the appeal of the community by offering short stay housing options for friends and relatives of residents;
(b) Whether the proposed bed and breakfast establishment will be well integrated into the surrounding neighborhood, maintain and preserve the integrity of the residential property and neighborhood, and retain the architectural characteristics of the residential structure;
(c) The location and number of other bed and breakfast establishments in the village; and
(d) The impact on the public peace, health, safety, morals and welfare of the surrounding neighborhood.
(3) No zoning certificate or building permit shall be issued until the application, is approved and accepted by the applicant.
(4) If the original application is approved by Council, the Village Administrator shall issue a special bed and breakfast use permit authorizing the operation of the bed and breakfast establishment from the date that the ordinance becomes effective.
(5) The special bed and breakfast use permit shall authorize only the person or persons designated in the application to operate and maintain a bed and breakfast establishment upon the real property set forth in the application. Should the real property transfer by any means, including, but not limited to, sale, gift, inheritance or foreclosure, this permit shall be deemed void if not renewed by successors in interest to the property within 90 days of the date that said property is transferred on the records of the Recorder of Allen or Hancock Counties.
(Ord. 10-2013, passed 5-28-2013)
An application requesting the approval of a special bed and breakfast use permit for a bed and breakfast establishment shall minimally include the following information:
(A) The name and contact information of the resident owner(s) of the subject property;
(B) An area map showing all properties within 500 feet of the subject property, including the addresses, Allen or Hancock County Auditor’s book, plat and parcel numbers, the owners names and mailing addresses and the existing uses of the properties;
(C) A dimensioned site plan of the property identifying the property corners, the type, size and location of the existing improvements including, but not limited to, buildings, paved sidewalks and parking areas, and any proposed improvements, and the location of any proposed off-site parking areas;
(D) A detailed floor plan of the entire home, drawn to scale, showing the uses, size and location of all rooms and detailing the nonresident guest rooms and their associated dedicated bathrooms and any other areas that will be used for, or available to, the nonresident guest;
(E) A detailed written description of any changes that will be made to the interior or exterior of the property to accommodate the bed and breakfast establishment;
(F) An operations plan detailing how the bed and breakfast establishment will be run on a day-to-day basis, which resident family members or other individuals will be involved in the operation thereof, and the other aspects of the operation;
(G) A statement detailing the anticipated impact of the bed and breakfast establishment on the surrounding neighborhood; and
(H) A dimensioned drawing indicating the size and location of any sign that is proposed to be installed to identify the bed and breakfast establishment.
(Ord. 10-2013, passed 5-28-2013)
(A) Renewal request.
(1) A new resident owner seeking renewal of an existing valid special bed and breakfast use permit to operate a bed and breakfast establishment issued to the prior owner of the real property shall file a renewal application to the Village Administrator not more than 30 days from its expiration as set forth above.
(2) All such renewal applications shall include the following information:
(a) A statement and relevant information indicating that the operation has been conducted in accordance with the terms, conditions and provisions of the current permit; and
(b) A statement detailing any proposed changes from the original application and the rationale for requesting such changes.
(B) Village Administrator review. The Village Administrator shall inspect the property within ten days of receiving such renewal request to ensure that the bed and breakfast establishment is in compliance with the provisions of the original special bed and breakfast use permit, that the property has been maintained in accordance with the applicable laws and ordinances of the village.
(C) Village Council review. Within 35 days of receiving the renewal request and report from the Village Administrator, Village Council shall conduct a public hearing on the renewal request and make a decision as soon thereafter as practicable.
(1) If after considering the renewal request and the Village Administrator’s report and conducting a public hearing, Village Council finds that there will be continuing compliance with the terms of the special bed and breakfast use permit, Council may authorize the Village Administrator to renew the special bed and breakfast use permit to the new owners.
(2) If Village Council finds that the bed and breakfast establishment will not continuously comply with the terms of the existing permit, Village Council shall rescind the permit and shall advise the Village Administrator to issue a cease and desist order or seek other remedies under the law.
(3) If the permit is rescinded, the owners may make a new application as set forth herein.
(Ord. 10-2013, passed 5-28-2013)
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