A. Bed and breakfast inn in RE, R-1, R-1A, R-1B, and R-2 zones. A zoning administrator's conditional use permit is required to establish a bed and breakfast inn in these zones. The property owner or a manager shall reside on site, unless the bed and breakfast inn is a short-term rental under subsections B and C below, in which case the property owner or a manager is not required to reside onsite. The bed and breakfast inn shall not have more than seven guest rooms. Conferences, weddings, fund raisers, and similar gatherings of non-lodgers are prohibited.
B. Bed and breakfast inn in R-2A, R-2B, R-3, and R-3A zones. A zoning administrator's conditional use permit is required to establish a bed and breakfast inn in these zones. The bed and breakfast inn shall not have more than 14 guest rooms. In these zones, the zoning administrator's conditional use permit may allow facilities for conferences, weddings, fund raisers, and other similar gatherings and functions attended by non-lodgers as a part of the bed and breakfast inn use, and may include conditions restricting type, frequency, and timing of events, and other limits on operations as the decision-maker determines necessary to issue the conditional use permit. Except as expressly authorized in the conditional use permit, gatherings and functions attended by non-lodgers are prohibited.
C. Notwithstanding subsections A and B of this section, a short-term rental, as defined in subsection D, is a permitted use of a dwelling unit and a zoning administrator's conditional use permit is not required for that use. A short-term rental must comply with the requirements in chapter 5.114. The provisions of chapter 17.228 (Home Occupations) do not apply to short-term rentals.
D. For purposes of this section, a "short-term rental" means a bed and breakfast inn that is limited as follows:
1. Lodging is provided for no more than six persons at any time; and
2. If the dwelling unit is not the primary residence of the permittee, lodging is provided for no more than an aggregate of 90 days in any calendar year. "Primary residence of the permitee" means the dwelling unit in which the person issued the short-term rental permit, established in chapter 5.114, resides for at least 184 days during a calendar year.
E. Except as specifically stated, nothing in this section exempts the operation of a bed and breakfast inn or short-term rental from the requirements of any other provision of this code, including chapter 3.08 (Business Operations Tax) and chapter 3.28 (Uniform Transient Occupancy Tax). (Ord. 2020-0025 § 21; Ord. 2016-0003 § 6; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)