Application shall be in the form of a conditional use permit. These additional requirements shall be imposed:
A. In residential zones, the inn structure shall serve as the primary residence of the owner, and if a corporation is the owner, a majority shareholder shall reside primarily in the inn structure. In nonresidential zones, a full time manager shall reside on the property.
B. The historic and scenic preservation commission shall review the proposal for a determination of historical, architectural or cultural significance prior to planning commission review, and its recommendations shall be considered by the planning commission in imposing conditions on the project. The inn structure shall be included on the city's Register of Historic and Scenic Properties, or on a state or national listing of historical significance, during the life of the permit.
C. Check in hours for guests shall be determined by the owner of the bed and breakfast inn.
D. Meals shall be served only to overnight guests of the bed and breakfast inn, except as provided in subsection E of this section.
E. In nonresidential zones only, an ancillary use limited to a coffee/tea house, gift shop and/or restaurant serving the public may be permitted provided the serving area or sales area of such use(s) does not occupy more than ten percent (10%) of the gross floor area of the dwelling. The ancillary use shall be approved as part of the permit for the bed and breakfast use. The size of the serving area or sales area of such use(s) shall be based on the parcel's ability to provide the required parking for the use(s) pursuant to chapter 18.164 of this title. The hours of operation shall be determined based on compatibility with the adjacent land uses, except that if the parcel abuts a property in residential use, the hours of operation shall not extend beyond eight o'clock (8:00) P.M.
F. In residential zones, no long term rental of rooms shall be permitted; the maximum length of stay for guests shall be fourteen (14) days. In nonresidential zones, the maximum length of stay for guests shall be thirty (30) days.
G. No cooking facilities shall be allowed in the guestrooms.
H. Applications shall be subject to a one year review period by the planning commission.
I. If the use at any time becomes unduly intrusive to the neighborhood, or the owner fails to comply with all conditions of approval related to the permit, the permit may be revoked pursuant to chapter 18.192 of this title.
J. The permit to operate is granted in accordance with chapter 18.192, "Conditional Use Permits", of this title. Where the bed and breakfast use or any portion thereof is discontinued for one hundred eighty (180) days, the permit shall become null and void and a new permit shall be required to reestablish the use.
K. The owner of the bed and breakfast inn shall be subject to the requirements of chapter 3.24 of this code regarding the collection and payment of transient occupancy tax imposed by this chapter. The owner shall keep and preserve, for a period of three (3) years, all records of rents and guests as required in chapter 3.24 of this code. The city shall have the right to inspect said records at reasonable times to ensure compliance with this chapter.
L. Satisfactory evidence of compliance with state and local laws in other land use endeavors, if any, shall be provided by the owner as a prerequisite to any approvals under this article. (Ord. 2592 § 1, 2005: Ord. 2470 § 2, 2001: Ord. 2202 § 1, 1992: Ord. 2175 § 2, 1991: Ord. 1863 § 1, 1985: Ord. 1000 § 52.10(I)(1), 1955)