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A special exception may be granted for a bed-and-breakfast lodging in a one-family detached dwelling unit, subject to the following requirements:
(a) The owner of the dwelling unit in which the bed-and-breakfast lodging is located must occupy the dwelling unit, and the bed-and-breakfast use must be subordinate to the residential use.
(b) The minimum area of the lot or parcel must be 9,000 square feet but not less than the minimum lot or parcel area for the zone.
(c) The Board may deny a petition for a bed-and-breakfast lodging with frontage on and access to a road built to less than primary standards if it finds that road access will not be safe and adequate for the anticipated traffic to be generated or the level of traffic would have an adverse impact on neighboring residences.
(d) On a lot or parcel of less than 2 acres (87,120 square feet), a maximum of 3 bedrooms may be designated as guest rooms for transient visitors, for which compensation is charged. If the bed-and-breakfast lodging is located on a lot or parcel of 2 acres or more, 4 or 5 bedrooms may be designated as guest rooms.
(e) A bed-and-breakfast lodging is not permitted in a dwelling unit that also provides guest rooms for roomers or in a dwelling that includes an accessory apartment.
(f) Off-street parking must be provided in accordance with the requirements of Section 59-E-3.7 unless the Board finds that use of on-street parking for the bed-and-breakfast lodging or the residential use will not have an adverse impact on neighboring residential uses. The off-street parking area must be screened in accordance with Section 59-E-2.83. The required off-street spaces must be located only in the rear yard, in the portion of a driveway traversing the side or rear yard, or in a driveway traversing the front yard if the Board has approved the location and design of the front-yard driveway. Required spaces must not be located in a front-yard driveway if there is adequate space in the side or rear yard or if the Board finds that they cannot be adequately screened in accordance with Section 59-E-2.83.
(g) The display of a sign must include the official house number assigned by the Commission.
(h) Breakfast is the only meal that may be served to a transient visitor; and meals must not be provided for compensation to any other nonresident of the dwelling unit. Food service is subject to regulations of the Department of Health and Human Services.
(i) In order to preclude adverse neighborhood impact and assure that the residential use remains predominant, the Board may limit the number of transient visitors who may be accommodated at one time or the number of visits in a one-month period.
(j) A transient visitor must not remain in a bed-and-breakfast lodging for more than 2 weeks in any one visit.
(k) The owner of the dwelling unit must maintain a record of all transient visitors who stay in the bed-and-breakfast lodging. If requested, the owner must give a copy of this record to the Department or another County agency.
(l) The owner must register the bed-and-breakfast lodging with the Department.
(m) In the R-60 zone, an owner-occupied detached dwelling operated as a bed-and-breakfast lodging facility for not more than 2 individuals on or before November 14, 1988, is a conforming use, and may be continued, structurally altered, reconstructed or repaired, so long as it remains an otherwise lawful use. The owner of such a lodging need not obtain a special exception under this Section meet the minimum lot or parcel size requirement of subsection (b). The owner of such a lodging must maintain a record of all transient visitors and register the lodging with the Department, as provided in subsections (k) and (l).
(Legislative History: Ord. No. 11-34, § 5; Ord. No. 13-35, § 1; Ord. No. 13-39, § 1; Ord. No. 13-76, §1; Ord. No. 13-112, § 1; Ord. No. 14-36, § 1; Ord No. 14-47, § 1; Ord. No. 14-49, § 1.)