(A) Intent: This section is intended to control the establishment and operation of bed and breakfast uses to ensure that such uses do not adversely affect the surrounding neighborhood.
(B) Applicability: All bed and breakfast uses, as defined herein, shall comply with the provisions of this section and the zone district in which the use is located.
(C) General Regulations:
1. Permitted Use: Bed and breakfast uses may be permitted in all residential and commercial zone districts in which residential (permanent and transient) uses are either permitted or are permitted subject to an approved conditional use permit.
2. Use Accessory; Residence: This use shall be conducted as an accessory use only; the residential structure shall serve as the primary residence of the owner. If a corporation is the owner, a majority shareholder of the corporation shall reside in the residential structure where said use is proposed.
(a) All bed and breakfast uses shall be subject to:
(1) A conditional use permit, as specified in section 6-2-5 of this title.
(2) A health permit, as specified in the Kern County Code.
(3) A Transient Occupancy Tax (Bed Tax).
(b) Application for a permit shall be made by the resident property owner or his/her legal agent having power of attorney to make such application.
(D) Development Standards:
1. Structural Features:
(a) All dwelling units proposed for a bed and breakfast use shall comply with standards and specifications of the California Building Code, and shall also be subject to the room occupancy standard outlined in the State Housing Law (as amended).
(b) Each guestroom shall be equipped with a fire extinguisher and a smoke detector conforming to California Building Code standards. An exit/egress and an emergency evacuation map shall be displayed in a prominent location in each guestroom.
2. Accesses And Driveways: The owner shall ensure that all required accesses, driveways and parking spaces remain clear and unobstructed, and are available and ready for the occupants use at all times.
3. Design Standards:
(a) Alterations and modifications may be made to the structures and the site, but such alterations shall be compatible with the character of the neighborhood. Such alterations and modifications shall also comply with all applicable City provisions, requirements and standards and ordinances.
(b) Additional landscaping may be required to screen parked vehicles from direct view of the neighbors, particularly where such parking is located within a front yard setback.
(c) Any lights used to illuminate the site shall be designed and placed to reflect away from adjoining properties and public thoroughfares.
(d) A nonilluminated identification sign, not to exceed six (6) square feet in area is permitted. If not attached to the residence, such sign shall not exceed six feet (6') in height and must blend with the architectural style of the structure and the neighborhood.
4. Kitchen Facilities:
(a) There shall be no cooking facilities permitted in guestrooms.
(b) The sale of food or other materials in residential districts is limited to guests who are currently occupying the premises where the use is located and not to the general public.
5. Miscellaneous Standards:
(a) The land use shall not involve the use of commercial vehicles for delivery of materials to or from the premises, except for those commercial vehicles normally associated with residential use deliveries.
(b) There shall be no outdoor storage of materials or equipment, nor shall merchandise be visible from outside the home.
(c) The appearance of the structure shall not be altered nor the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by use of colors, materials, lighting, signs or the emission of sounds, noises and vibrations.
(d) The use of utilities and community facilities shall be limited to that normally associated with the use of a property for residential purposes.
6. Penalty For Noncompliance: The planning commission may void any conditional use permit for a bed and breakfast use for noncompliance with the conditions set forth in the approving permit. Notice of such a pending action shall be given to the permittee prior to any action being taken.
7. Findings: Prior to acting upon an application for a conditional use permit for a bed and breakfast use, the planning commission shall find that all the following are true:
(a) The site, upon which the bed and breakfast use is to be established, shall conform to all standards of the zone district in which it is located; the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, building coverage, setbacks, parking areas and other applicable requirements of this title are met.
(b) The residential character of the neighborhood in which the use is located is maintained and preserved and that the issuance of the permit shall not be significantly detrimental to the public health, safety and welfare or injurious to the vicinity and district in which the use is located. (Ord. 768-08, 8-19-2008)