The primary objective when considering whether such establishments may be allowed in a residential neighborhood shall be to preserve the quality of the residential neighborhood and protect the neighborhood from the commercial and more intensive nature of the establishment. Such establishments, if allowed, shall be integrated into the residential fabric of the neighborhood. At a minimum it shall not adversely affect the integrity or character of the neighborhood, and it should provide an enhancement through facilitating the preservation and revitalization of a structure having unique value to the city, or by adding new construction appearing in all respects to be a single-family dwelling and that is substantially superior to the norm for existing single-family dwellings within its sphere of influence, or in the case of an agricultural area, the median homes of a new Urbandale neighborhood in the “R-1S” District. If the establishment cannot demonstrate an ability to mitigate any and all negative impacts on the neighborhood, or after establishment changes in character so as to violate any of the regulations for the use or otherwise create negative impacts, such use shall cease and the property thereafter limited to use as a single-family residence. A public hearing shall be held by the Board of Adjustment prior to the establishment of any such establishment, and for any appeal of a non-renewal or revocation of any license or permit for such establishment, and notice provided by regular mail to all property owners located within 250 feet of the property, said distance to be measured exclusive of street rights-of-way. All such establishments shall comply with the following criteria, along with any additional criteria or limitations that may be required by the Board of Adjustment in approving a conditional use or by the City Council in approving a site plan.
(A) Design and development.
(1) Such establishments shall only be allowed after approval by the Board of Adjustment as a means of preserving a residence of historic or other unique value to the city’s heritage or character, or to facilitate construction of a new single-family residence that demonstrates exemplary architecture and construction substantially exceeding that found in other new construction, in terms of style, size and overall construction quality. All such establishments shall maintain the appearance and character of a single-family residence in all respects other than a simple sign for identification purposes, co-existing peacefully and harmoniously within the single-family neighborhood. Any new dwelling constructed for such use, and any establishment containing more than two guest rooms, shall be located on an arterial or collector street and a minimum of 1,320 feet from any other such establishment. Establishments shall not have more than five guest rooms in any case. Any property utilized for such use shall have a minimum width of not less than 100 feet and a minimum lot area of 10,500 square feet, plus 2,500 square feet for each guest room.
(2) Each guest room shall contain separate bathroom facilities and a minimum floor area of 150 square feet, unless compliance with this requirement would necessitate detrimental alterations to an historic building. Guest rooms shall not include any equipment for cooking within the guest room, but guests may utilize common space and equipment provided for such purposes. No guest rooms, storage or activity associated with the establishment shall be located in an accessory structure or in a story that is all or partly below grade, other than parking for guest vehicles. A complete fire alarm system shall be provided and maintained throughout the guest rooms and common areas, and two stairway exits shall be available to guest rooms located above the ground floor.
(3) One parking space shall be provided for each guest room in addition to the parking spaces required for the single-family residence. Parking shall be located in a garage or in the rear yard if practical, or in a side yard that is not adjacent to a street if the rear yard is not a practical location or if the side yard location would create less impact on neighboring residential properties. All parking and drives shall be paved, including those required for the dwelling unit. Guest parking shall be set back a minimum of 15 feet from adjoining residential properties and screened from such properties and from streets by landscaping, fencing or a combination thereof so as to maintain the appearance of a single-family residence.
(4) Exterior lighting shall not exceed the extent or level customary for the majority of single-family residences within the city, and in all cases prohibited from emitting glare or spilling onto adjoining property.
(5) Establishments shall be connected to the city’s public water system, and show that the system is capable of providing fire protection flows that comply with city standards for a residential area. Establishments shall be connected to the public sewer if available within 600 feet of the property and if public sewer is not within said distance at the time the establishment is first opened, it shall be connected as soon as possible when it becomes available in the future.
(6) Not more than one non-illuminated wall sign shall be permitted, limited to a maximum area of four square feet and mounted near the main entry. The sign background shall be wood or other natural material matching the primary exterior material of the dwelling, and colors shall be muted in tone.
(B) Operations.
(1) The owner shall provide a business plan identifying the intended market for the establishment and nature of guests to the extent that traffic generation, noise or other potentially negative impacts of the establishment can be identified. The business plan shall be considered part of any approval for an establishment, and thereafter shall not be altered without submittal and approval of a new application.
(2) The owner of the property shall reside in the single-family dwelling at all times that the establishment is in operation and shall be fully responsible for its operation. All functions and services related to the daily operation of the establishment shall be provided by the owner or members of the owner’s immediate family who reside in the single-family dwelling, except for housekeeping services and breakfast meal preparation for overnight guests. For the purposes of these provisions, ownership is defined as being the fee-title holder of a 100% interest in the property, other than for mortgages and similar loans obtained from state or federally chartered financial institutions for the purpose of acquisition, construction, improvements to and furnishing the property.
(3) A guest room shall not be occupied by more than two adult guests. The maximum length of stay for any guest shall be 14 consecutive days and not more than 30 days in any one-year period.
(4) No entertainment or social activities, parties or other assembly uses shall be offered or allowed to occur, except for business meetings and social gatherings held inside and limited to the establishment’s current overnight guests and the guests’ invitees of a number not to exceed the number of unoccupied guest rooms, and a breakfast meal included in the cost for the guest room stay and provided only to overnight guests. Establishments shall not provide, facilitate or permit to be served meals requiring state licensing or commercial-grade kitchen equipment for the premises, or otherwise operate in the manner of a restaurant or caterer. Establishments shall not provide or make alcohol or intoxicants available to guests.
(5) The owner shall maintain a guest registry which shall include all guests’ names, addresses, license plate number of vehicles, and dates of stay, and shall have such registry available for inspection by city officials at all times. A copy of the registry for the prior year shall be submitted for the city’s records annually together with application for the annual inspection required herein.
(6) No home occupation or boarders shall be allowed on any property used as a bed and breakfast.
(C) Annual inspection, licensing and termination.
(1) Establishments shall be inspected annually in the manner required for a multi-family dwelling, including payment of a minimum annual fee in the amount of $50 for the common area accessible to guests together with a fee for each guest room equal to the amount charged for a multi-family dwelling unit and an hourly rate for actual time spent by city staff to determine compliance with all criteria herein. The hourly rate shall be established each year in accordance with standard city policy for other services that are billed on an hourly basis to substantially recover the costs of providing such services. The purpose of the annual inspection shall be to determine compliance with all criteria herein and all Building and Fire Code regulations applicable to a boarding house at the time of the inspection. Any violations or nonconformities shall be corrected promptly. Failure to correct shall be deemed an immediate termination of the license and any and all permission to operate the establishment, and require application to the Board of Adjustment to re-establish the operation under the same process required for an initial application.
(2) Permission to operate an establishment shall be deemed a license granted to the owner of the property, and shall not run with the land or be transferable to any other owner or operator. The license shall be renewable annually without public hearing upon payment of required fees and satisfactory completion of the city inspection set forth in division (C)(1) above, including a finding that the establishment is in compliance with all regulations. If the guest rooms have not been rented for 30% or more of the establishment’s capacity in any one-year period, the establishment shall be considered to be abandoned and all license and permission to operate such establishment extinguished, and the property thereafter used only as a single-family residence.