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(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)
A bed and breakfast enterprise shall only be approved if:
(A) The property is located on Main Street of the village;
(B) The residential appearance of the exterior of the building or premises is not changed and there is no visible evidence from off the premises of the proposed or existing bed and breakfast establishment except for the installation of a sign in accordance with the laws of the village;
(C) No alterations are made to the premises that would prohibit the immediate re-use of the same as a single-family residence;
(D) Sufficient parking is provided to accommodate the resident owners, resident family members, resident guests and nonresident guests. Parking may partially be provided on street if there are no more than two nonresident guest rooms. If there are more than two nonresident guest rooms, on-site parking must be provided as approved by Village Council;
(E) No more than five nonresident guest rooms are provided;
(F) A minimum of one dedicated bathroom is provided for the nonresident guest rooms;
(G) A minimum of one household bathroom is provided in addition to the dedicated bathroom(s);
(H) The property is maintained in accordance with the applicable provisions of ordinances of the village;
(I) The operation of the bed and breakfast establishment does not unreasonably increase pedestrian, vehicular traffic or parking in excess of the pedestrian, vehicular traffic or parking normally present in the immediate vicinity of the premises;
(J) The owner of the property lives on the premises;
(K) The operation only employs the resident owners, resident family members, resident guests and up to one other individual not residing on the premises;
(L) Stays for any individual nonresident guest are limited to 30 days in any consecutive 12-month period;
(M) Meals are not provided to anyone other than the resident owners, resident family members, resident guests and the friends and family members thereof and to the nonresident guests;
(N) Nonresident guest meals are limited to breakfast only;
(O) Nonresident guests are not permitted to cook in the household kitchen;
(P) The establishment, maintenance or operation of the proposed use is not detrimental to nor a danger to the public health, safety, morals, comfort or general welfare;
(Q) The establishment, maintenance or operation of the proposed use is not injurious to the use and enjoyment to other property in the immediate vicinity for purposes already permitted and if it does not substantially diminish or impair property values in the neighborhood; and
(R) No retail sales occur on the premises except that items may be sold by the establishment to guests and that no sales be made to any non guest at any time.
(Ord. 10-2013, passed 5-28-2013)
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