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This chapter is established to enable single-family dwelling units of historic significance to conduct bed and breakfast operations as defined in the Manchester Village Zoning Ordinance. This chapter is enacted on the basis of the public policy that supports the Village of Manchester as a tourist destination for persons interested in the architectural and historical significance of the village's historic structures. This chapter also focuses on the need to provide an incentive for owners to continue occupancy and maintenance of historic structures. This chapter emphasizes protection to neighborhoods with the provisions of standards that prohibit nuisance and detrimental change in the single-family character of any site proposed for a bed and breakfast operation.
(Ord. 173, passed 8-7-1989)
(A) The structure to be used as a bed and breakfast establishment shall be of historic significance. It is the applicant's responsibility to show proof of historic significance to the Planning Commission.
(B) No premises shall be utilized for a bed and breakfast operation unless there are a least 2 exits to the outdoors from the premises. Rooms utilized for sleeping shall have a minimum size of 100 square feet for 2 occupants with an additional 30 square feet for each additional occupant; to a maximum of 4 occupants per room. Each sleeping room used for the bed and breakfast operation shall have a separate smoke detector alarm, as required in the building code. Lavatories and bathing facilities shall be available to all persons using any bed and breakfast operation.
(C) Two off-street parking spaces, plus 1 additional off-street parking space per room to be rented, must be provided.
(D) Tandem parking is allowed; however, not more than 2 cars per lane shall be allowed.
(E) No building or structure shall be removed in order to allow for a bed and breakfast use nor shall such a building or structure be removed in order to provide parking for such a use.
(F) All parking spaces shall be paved or graded to village standards with materials which maintain the historical character of the neighborhood.
(G) (1) If the applicant is unable to meet criteria in divisions (C), (D), (E), or (F) above, the applicant may request special consideration from the Planning Commission through a site plan review process.
(2) The village's intent is not to encourage yards to be destroyed, landscaping removed, or the integrity of the neighborhood altered in order to provide parking.
(H) (1) Identifying signs are permitted. They must be historically appropriate not to exceed 2 square feet in area. It may be mounted flat against the wall of the principal building or post mounted within permitted setback.
(2) The sign can be illuminated with low level reflective incandescent only.
(I) The dwelling unit in which the bed and breakfast takes place shall be the principal residence of the real property owner and operator and the real property owner and operator shall live on the premises when the bed and breakfast operation is active.
(J) The structure shall remain a residential structure, i.e., the kitchen shall not be remodeled into a commercial kitchen.
(K) Meals shall be served only to residents and guests having rented rooms in the establishment.
(L) Each operator shall keep a list of the names of all persons staying at the bed and breakfast operation. The list shall be available for inspection by village officials at any time.
(M) The maximum stay for any occupants of bed and breakfast operation shall be 14 consecutive days.
(N) The bed and breakfast room(s) shall occupy no more than a total of 50% of the dwelling unit floor area or 7 bedrooms, whichever is lesser.
(O) A sign permit shall be required if applicable.
(Ord. 173, passed 8-7-1989) Penalty, see § 10.99
It shall be unlawful for any person to operate a bed and breakfast operation, as defined and as permitted by the Manchester Village Zoning Ordinance, without first having obtained a license. The fee for issuance of a 1icense required under this chapter shall be collected by the office of the Village Building Inspector. The fee for issuance of the license shall be $50 and the issuance fee and annual license fee may be changed hereafter by Village Council resolution. An annual license fee, as set by Council resolution, shall be paid at the office of the Village Building Inspector, who shall issue the license in January of each year.
(Ord. 173, passed 8-7-1989; Am. Ord. 258, passed 5-1-2006) Penalty, see § 10.99
Applicants for a license to operate a bed and breakfast shall submit a floor plan of the single-family dwelling unit illustrating that the proposed operation will comply with the Village Zoning Ordinance as amended, other applicable village codes and ordinances, and within the terms of this chapter.
(Ord. 173, passed 8-7-1989)
After application is duly filed with the Village Building Inspector for a license under this section, the Planning Commission shall determine whether any further licenses shall be issued based upon the public need to protect neighborhoods from detrimental change and to encourage the occupancy and maintenance of historic building and structures by single-family owners. In the determination by the Planning Commission of the number of bed and breakfast operations required to provide for the public need, the Planning Commission shall consider the effect upon residential neighborhoods and public convenience, concentration, and location of existing license holders, and the necessity of the issuance of additional licenses.
(Ord. 173, passed 8-7-1989)
(A) The floor plan for the bed and breakfast operation shall be reviewed by the Village Building Inspector for compliance with all state and federal codes and ordinances. If the Village Building Inspector finds that an applicant cannot meet a particular requirement, then the Building Inspector shall have authority to deny the applicant a license.
(B) The denial may be appealed to the Manchester Village Council who may then weigh the facts of the case and make a final decision.
(Ord. 173, passed 8-7-1989)
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