(A) All bed and breakfasts shall be subject to the following requirements:
(1) The rental of a dwelling room in the bed and breakfast shall be on a daily or weekly basis to tourists, vacationers or similar transients;
(2) The rental period for such tourists, transients or vacationers shall not exceed seven consecutive days;
(3) If meals are provided, such meals shall be limited to breakfast only and such meals shall not be provided except to registered guests of the bed and breakfast;
(4) There shall be no in-room kitchen facilities or other kitchen-type appliances in the rented dwelling room;
(5) The total rented dwelling rooms in the bed and breakfast shall not exceed three rooms and the total occupancy, including the owner and/or employee, shall not exceed eight persons;
(6) The bed and breakfast operation shall be conducted by persons who own and reside within the dwelling unit with the assistance of not more than the equivalent of one full-time employee. The employee or resident who operates the bed and breakfast shall be on-site at all times when there are guests upon the premises;
(7) Prior to the issuance of such permit, all adjoining property owners shall be notified of the property owner’s intent to use the dwelling as a bed and breakfast and such adjoining property owners shall be given the opportunity to be heard at the Planning Board meeting where the property owner’s request to use the dwelling as a bed and breakfast is reviewed;
(8) No dwelling may be used as a bed and breakfast without the issuance of a permit from the Dare County Health Department and in no event shall a bed and breakfast be operated on a lot which is smaller than 7,500 square feet;
(9) Parking shall be provided at the rate of one parking place for each dwelling room rented, plus one additional space;
(10) No signs shall be allowed upon the premises;
(11) The principal use of such dwelling is residential and any substantial modifications to the exterior appearance of the dwelling shall be subject to architectural review by the Planning Board in order to determine and to ensure that the exterior architecture of the dwelling shall remain in harmony with the architecture of the surrounding property. No expansion of existing dwellings to accommodate bed and breakfasts is permitted;
(12) The use of the dwelling as a bed and breakfast shall comply with all applicable health, sanitation and fire regulations;
(13) Prior to the use of a dwelling as a bed and breakfast, the owner shall obtain a permit from the town to operate the dwelling as a bed and breakfast. The Planning Board shall review the application and site plan and make a recommendation to the Board of Commissioners concerning its approval;
(14) The town shall issue a permit if all of the requirements of this chapter and other applicable provisions of the town code have been met. The permit shall remain in effect for a period of one year and may be revoked if a violation of this chapter is found or if the bed and breakfast is operated in such a manner as to constitute a public nuisance. The town’s Building Inspector shall renew the permit each year upon request, unless it is determined that the use of the dwelling is not in compliance with this chapter;
(B) Home occupations, as defined herein;
(C) Town-owned and leased facilities; and
(D) Rooming houses, boarding houses.
(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 05-12, passed 8-8-05; Am. Ord. 18-4, passed 6-14-21)