(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
BED AND BREAKFAST. An owner-managed and owner-occupied single family residential structure used as a lodging establishment where a room or rooms are rented on a nightly basis, and in which only breakfast is included as part of the basic compensation.
(B) Zoning requirements. A bed and breakfast inn is permitted only in the R-1 and R-2 zoning districts of the city; provided, however that a special use permit shall be obtained prior to the establishment of the bed and breakfast inn. Bed and breakfast inns are prohibited in all other districts.
(C) Accessory use. A bed and breakfast inn must be accessory to the use of a property as a single- family residential home. This means that the individual or family who operates the facility must also occupy the house as their primary residence.
(D) Maximum size. Bed and breakfast inns are limited to a maximum of four bedrooms available for rent to guests. All guest rooms shall be contained within the principal structure.
(E) Employees. There shall be no more than one person employed by the bed and breakfast inn who is not a resident of the dwelling.
(F) Other licenses and code compliance. Prior to opening to the public of the bed and breakfast inn, the applicant must furnish evidence that all licenses required by the state either have been issued or will be issued before commencing operation and that the structure is in compliance with all applicable building and other state and local codes. Additionally, prior to the commencement of operation, the owner/operator of the facility shall file with the City Clerk a certificate of public liability insurance providing coverage in an amount as may be specified by the City Council in granting the special use permit authorizing operation of the inn.
(G) Dining facilities. Dining facilities, except for the purposes of special events described herein, must not be open to the public and must be used exclusively for registered guests. No cooking facilities shall be permitted in any guest room.
(H) Length of stay. No guest shall stay in the facility for more than 14 days within any 30-day period of time.
(I) Commercial activities. With the exception of recognized home occupations otherwise allowed or provided for under the city code, and with the exception of special events authorized as hereinafter noted, no other commercial enterprises shall be operated in the facility during the period of time that the same is authorized to operate and/or operates as a bed and breakfast. No liquor or alcoholic beverages are to be sold or served to any guests, either at special events or occupying a guest room, on the premises unless the operator has first obtained a prior license for the same from the city.
(J) Lodging tax. A lodging tax as otherwise provided pursuant to city code shall be charged to guests staying at the bed and breakfast inn.
(K) Special events.
(1) A bed and breakfast inn may host an unlimited number of special events with fewer than 25 non-registered guests, provided however that a guest registered at the time of the event also is a participant in the special event as host or otherwise.
(2) Special events include weddings, business meetings, retreats and other functions at which non-registered guests are present in addition to registered guests who are participating in the special event.
(3) Special events are also subject to the following requirements.
(a) The maximum number of guests allowed at special events shall be limited to the maximum occupancy of the bed and breakfast inn as determined by City Building and Fire Code Inspectors, the occupancy limits to be determined prior to the holding of any such special event with the information provided to the city and the owner of the bed and breakfast by inspectors duly designated and authorized to act by the city.
(b) The events must comply with any noise restrictions or disorderly conduct provisions of the city.
(c) The owner/operator or designated employee must be present during special events and provide adequate supervision of the event.
(d) Food and/or alcoholic beverages may be furnished by and to special event guests, provided all necessary local, state and/or federal permits, license or authorizations have been obtained in advance and verification provided to the city upon request.
(e) Adequate off-street parking or other suitable arrangements have been provided satisfactory to the city so as to not unduly disrupt neighboring properties.
(L) Signage, lighting, off-street parking and miscellaneous.
(1) Identifying signs shall be no more than four square feet in total, located on the building, or if free standing, located at least ten feet off any property line and consistent with the character and architectural features of the building. There shall be only one sign per facility and any lighting of the same shall be either screened or indirect so as to not shine onto neighboring properties.
(2) All exterior lighting shall be concealed or screened.
(3) One off-street parking space shall be provided for each bed and breakfast room for rent, not less than two additional off-street parking spaces shall be provided for the owner and an additional off-street parking space shall be provided for any non-owner employee.
(M) Waiver or modification of special use permit conditions and termination of special use permit.
(1) Waiver or modification. The City Council may grant a special use permit for a bed and breakfast inn that waives or modifies one or more of the requirements herein above set forth; provided, however that the waiver or modification shall be requested by the applicant at the time of application for the special use and may be granted only after a public hearing and upon specific written findings as to the reasons for the waiver or modification. In granting a waiver or modification, the City Council must consider the impact of the same upon the neighborhood in which the inn is to be located.
(2) Termination of special use permit. A special use permit under this section shall terminate upon occurrence of any of the following:
(a) Noncompliance with the provisions of this section, including any conditions or restrictions imposed by the Council when the special use permit is initially granted;
(b) Transfer of ownership of the property from the owner/operator; or
(c) The creation of a condition that adversely affects the health, safety, morals or general welfare of the city or its residents.
(Ord. 153, passed 1-19-2010)