A. In any zone provided for in this title, where bed and breakfast facilities (BnBs) and/or vacation rentals (VRs) are allowed as permitted uses (or permitted uses, with conditions), such BnBs and/or VRs are subject to and shall fully comply with the applicable provisions and conditions of: 1) title 3, chapters 1, 8, and 11, of this Code, 2) title 4, “Public Health And Safety”, of this Code (including noise, odor, and nuisance restrictions), 3) title 9, chapter 1, “Building Related Codes”, of this Code, 4) section 10-7-17, “Home Occupations”, of this chapter, 5) chapter 10, “Off Street Parking”, of this title, and 6) chapter 11, “Sign Regulations”, of this title, except as otherwise specifically provided herein.
B. Licensed BnBs and/or VRs shall be permitted, in the below- designated zones, as follows, subject to the provisions, conditions, and restrictions provided herein:
Zone | BnB | VR | Specific Limitations |
R-1-8 (One-Family Residential) | X | ||
R-1-10 (One- and Two-Family Residential) | X | (single-family dwellings only) | |
R-A-1 (Residential-Agricultural) | X | ||
R-1-14 (Low-Density Residential) | X | ||
MH (Mobile Home) | |||
Comm-T (Tourist/Resort Commercial) | X | X | (with an approved site plan, development agreement, and as limited in Section 10-6G2-2) |
C In order to: 1) maintain neighborhood aesthetics, stability, safety, and cohesion, 2) limit commercial creep, and 3) mitigate the potential negative impacts of transient lodging on residential neighborhoods: VRs (grandfathered under prior law) and/or BnBs may be allowed in existing single-family dwellings in the above-referenced residential and mobile home zones of the City to the extent that:
1. They are properly licensed under title 3 of this Code.
2. The use of a dwelling as a BnB or VR does not:
a. Change the appearance of the dwelling or property for residential purposes; or
b. Allow for, facilitate, or otherwise permit the occupancy load (under section 3-11-12 of this Code and this section) or the dwelling limitations of the underlying zone (under this title) to be exceeded.
3. The BnB or VR facility is properly maintained, painted and kept in good repair - and associated grounds and landscaped areas are properly maintained and watered - in order that the use does not detract from the general appearance of the neighborhood.
4. All parking is provided for off-street, and is not to be allowed on the public rights-of-way.
a. Required parking areas and access to parking areas shall be maintained and available for use at all times.
b. Parking may not consume or otherwise impact more than forty percent (40%) of a front yard.
c. The required number of off-street parking spaces shall be as follows:
(1) BnBs shall require two (2) parking spaces for the resident family, plus 1.1 spaces for each non-resident living or sleeping unit, plus adequate parking for accessory uses pertaining to the use of the property for a bed and breakfast facility.
(2) VRs shall require 1.1 spaces for each living or sleeping unit (defined, for purposes of this subsection, to mean each room in the facility designated for sleeping purposes and offered for such use by guests or patrons), plus adequate parking for accessory uses pertaining to the use of the property for a vacation rental.
5. The occupancy load of the BnB or VR structure, as established or amended (before use by the City’s building official), is not to be exceeded, and in no case shall be greater than fifteen (15) (not counting the resident household in a BnB).
6. With regards to VRs (where permitted or are grandfathered as nonconforming uses):
a. Those who license their residential structures as a VR, but fail to use their structure for that purpose and to collect the applicable taxes thereon (including the Transient Tax), at least once before the end of the following calendar year following licensing, or during any subsequent calendar year thereafter, may lose their right to continue said use after the end of that period of nonuse: it shall be considered lapsed and the use abandoned.
b. A purchaser or grantee of a residential structure, that was properly licensed by the seller or grantor as a VR immediately prior to the purchase or conveyance, may continue to license and operate the residential structure as a VR to the same extent as his or her predecessor in interest, provided that:
(1) The residential unit was licensed as a VR through the date of the sale (in or under the name of the seller); and
(2) The purchaser or grantee, not later than forty-five days following the later of the closing on the purchase or recording the deed on the property containing the residential structure that had been licensed as a VR, provides the City’s Business License Clerk or City Recorder with a written Notice of Intent (letter), indicating the purchaser’s or grantee’s intent to license and use the residential unit as a VR; and
(3) The purchaser applies for and receives, within six months of the date of the above- referenced closing or recording, a business license to operate the residential unit as a VR.
7. Notwithstanding the prohibition of signs in subsection 10-7-17A8 of this chapter, one unlighted wall identification sign measuring not more than twenty (20) square feet shall be permitted. (Ord. 2018-01, 1-3-2018; amd. Ord. 2022-10, 9-21-2022)