(a) Single Family Dwelling. Bed and Breakfast Homes shall be permitted with a conditional use permit in a single family dwelling if it is a permitted use under the Zoning Code.
(b) Owner-Operator. The owner/operator of the Bed and Breakfast Home shall live full time on the home's premises. Such owner/operator shall be the record owner of no less than fifty percent (50%) interest of the property in question.
(c) Guest Rooms. There shall be no more than four (4) guest rooms with a maximum of sixteen (16) persons within a single family dwelling that are utilized by bed and breakfast guests. A guest room shall contain no less than 100 square feet of living space, not including closets, for two guests and thirty square feet for additional guests up to a total of four guests per room.
(d) Parking. All parking spaces for a Bed and Breakfast Home shall be located on the Bed and Breakfast Home premises and shall consist of one (1) parking space for each guest room in addition to the two (2) parking spaces required for the dwelling. On-street parking shall be prohibited for Bed and Breakfast guests.
(e) Employees. Only one (1) nonresident of the dwelling may be employed on site, at any given time, in the operation of a Bed and Breakfast Home.
(f) Signage. One (1) Post Sign shall be permitted in accordance with Section 1195.05
(b)(2)A., B., C., D., F., G. ,H. The sign shall not be internally illuminated and a Zoning Permit shall be required.
(g) Safety. Bed and Breakfast Homes shall contain a separately installed smoke detector alarm in each guest room and on each floor as well as the basement, an approved fire extinguisher on each floor and two (2) separate exits to the outdoors. The Salem City Fire Department shall make annual inspection based on the business aspect of the Bed and Breakfast Home. The Bed and Breakfast Home shall be in compliance with the Salem City Housing Code and shall be subject to regular inspections similar to non-owner occupied dwellings. Based on home configuration, inspections may reveal the requirement of, but not limited to, additional smoke detector alarms and/or fire extinguishers.
(h) Consecutive Nights. Each guest may stay at a Bed and Breakfast Home for not more than fourteen (14) consecutive nights at any single visit nor more than sixty (60) nights in any calendar year. There shall be a minimum of forty-eight (48) hours between each guest stay or visit at a Bed and Breakfast Home.
(i) Kitchen Facilities. Only one kitchen facility shall be permitted per structure for which a conditional use permit is granted to operate a Bed and Breakfast Home. No cooking or cooking appliances shall be permitted in individual guest rooms.
(j) Meals. Only one (1) meal shall be served to each guest of the Bed and Breakfast Home and that meal shall be breakfast. The sale of alcohol beverages to guests is prohibited in a Bed and Breakfast Home.
(k) Bathrooms. A minimum of one (1) full bathroom, including tub or shower, toilet and sink shall be required for every two (2) guest rooms to be available for the exclusive use of bed and breakfast guests. Bed and Breakfast Homes shall be served by public sanitary sewer and water service.
(m) Guest Register. A guest register listing the name, address, phone number and length of stay of all guests shall be maintained by the owner/operator and shall be made available for inspection by the enforcing official which is the Zoning Officer.
(n) Special Gatherings/Events. Rental, or use by guests, of the Bed and Breakfast Home and premises for special gatherings such as, but not limited to, wedding receptions and parties shall be prohibited in all residential zoning districts.
(o) Annual Fee. The annual nonrefundable fee to operate a Bed and Breakfast Home shall be one-hundred and fifty dollars ($150.00).
(p) Bed Tax. The bed tax applying to Bed and Breakfast Homes shall be the same as the lodging tax for hotels and motels currently addressed in Chapter 185
or as may be rewritten and revised hereafter.
(q) Board of Zoning Appeals Rating. Upon the granting of a conditional use permit for a Bed and Breakfast Home, the Salem Board of Zoning Appeals shall rate the home for the number of guest rooms permitted, the number of guests permitted to stay in each room and the total number of guests permitted to stay in the Bed and Breakfast Home. The enforcing official shall provide a conditional use permit certificate containing said rating and said certificate shall be prominently displayed in the Bed and Breakfast Home in a manner that it will be visible for examination by all persons.
(r) State of Ohio Compliance. The Bed and Breakfast Home owner/operator requesting a rating capacity for more than five(5) people in the home, excluding residents, shall apply and receive a change of use, Certificate of Occupancy Permit from the Ohio Department of Commerce, Division of Building Code Compliance. Evidence of said permit shall be presented to the Zoning Officer prior to the start of operations of the Bed and Breakfast Home.
(s) Neighborhood Impact. Bed and Breakfast Homes will be located within single family residential zone districts. Careful attention must be given to the neighborhood impact and rights of the adjacent property owners. All contiguous property owners of a proposed Bed and Breakfast Home shall be notified by the City of Salem. Said property owners shall have twenty (20) days from the date of said notice to file a written notice with the Salem City Zoning Office indicating approval or disapproval of said conditional use permit. The Salem Board of Zoning Appeals shall have broad discretion in granting a conditional use permit for a Bed and Breakfast Home designation and may deny an application based on a contiguous neighbor providing a reason for denial.
(t) Public Nuisance. Bed and Breakfast Homes shall not be permitted , and a conditional use permit shall be revoked or suspended by the Salem Board of Zoning Appeals, whenever the operation endangers, offends or interferes with the safety or rights of others so as to constitute a nuisance, or the owner/operator is in substantial violation of this Chapter or any conditions specified pursuant to Chapter 1139
in the granting of the conditional use. The zoning provisions relating to home occupations shall not apply to Bed and Breakfast Homes.
(Ord. 091104-75. Passed 10-18-10.)