Chapter 17.64 — BED AND BREAKFAST INN

The purpose of this section is to provide for and regulate single-family residences which provide overnight guest or transient accommodations. (Ord. 2011-02 §1)

The intent of this section is to allow bed and breakfast inn as an alternative form of lodging accommodation in the city of Waterford. The operator of a bed and breakfast inn shall be a permanent resident of the home and the "inn" portion of the residence is to be used for transient occupancy, as defined in Chapter 3.44 for a period of not more than five consecutive days. (Ord. 2011-02 §1)

A bed and breakfast inn may be permitted only as part of a single-family residence in all residential zoning districts, and shall at a minimum comply with the following:

• A. Conformance with City Standards. The residence within which the bed and breakfast inn is to be located must conform to all applicable city zoning and building codes.

• B. Off-Street Parking. A bed and breakfast inn shall provide one off-street parking space for each guest room in addition to two covered spaces for the main dwelling.

• C. Signs. Within any R district, a single sign, no larger than four square feet, may be permitted to identify the bed and breakfast inn. In addition, house numbers must be clearly visible from the street. Within C districts, signs shall be regulated by applicable sign regulations.

• D. Maximum Occupancy. Individual rooms shall not be occupied by more than two adults.

• E. The owner-operator of a bed and breakfast inn shall comply with Chapter 3.44 with respect to registration of the inn with the city and payment of all applicable transient occupancy taxes.

• (Ord. 2011-02 §1)

All applications for bed and breakfast inns shall be processed as follows:

• A. Except as otherwise provided in this chapter, a conditional use permit application shall be filed with the planning department for an administrative use permit in accordance with Chapter 17.73 and processed in accordance with the provisions of this title.

• B. Prior to opening, inspections shall be made and passed by the following persons or their representatives:

  1. County health department;

  2. City building official;

  3. Fire chief and/or fire marshal;

  4. Planning director.

• C. The planning commission may review the administrative use permit at the following intervals:

  1. Annual review after the permit is granted;

  2. Upon receipt of substantial complaints on bed and breakfast inn operations.

• D. Bed and Breakfast Inn in Designated Historic Resource Residences.

  1. A bed and breakfast inn with three or fewer guest rooms operated by the resident within a residence listed as a designated historic resource in accordance with historical building preservation provisions of this code shall be considered a permitted use subject to first obtaining appropriate licenses and related permits and passage of all relevant inspections.

  2. The planning director shall issue a certificate to operate a bed and breakfast inn operated within a residentially used designated historic resource subject to review and determination that the inn complies with all applicable regulations of this chapter.

• E. Bed and Breakfast Inn in a Single-Family Residence Within or Adjacent to a Commercial District.

  1. A bed and breakfast inn with three or fewer guest rooms operated by the resident within a residence located within a C district or immediately contiguous to property in a C district shall be considered a permitted use subject to first obtaining appropriate licenses and related permits and passage of all relevant inspections.

2. The planning director shall issue a certificate to operate a bed and breakfast inn operated within a residentially used property in or adjacent to a C district subject to review and determination that the inn complies with all applicable regulations of this chapter.

(Ord. 2011-02 §1)

The following standard conditions shall be attached to all use permits for bed and breakfast inns:

• A. A fire escape map, approved by the fire chief and/or fire marshal, shall be posted in each guest room and common use area.

• B. All rooms, including those used exclusively by the principal occupant, and common use guest area, must have operating smoke alarms and fire extinguishers.

• C. Guests arriving by motor home or other large vehicle shall be required to comply with all applicable city parking regulations.

• (Ord. 2011-02 §1)

The planning director must make the following findings when granting an administrative use permit for a bed and breakfast inn:

• A. The establishment of the bed and breakfast inn is not likely, under the circumstances of the particular application, to be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood or the general welfare of the city.

• B. The proposed bed and breakfast inn complies with all applicable requirements of this title.

• C. The proposed bed and breakfast inn is not likely to adversely impact traffic and parking conditions in the neighborhood.

• D. The proposed bed and breakfast inn is expected to be compatible with the neighborhood within which it is proposed.

• (Ord. 2011-02 §1)

The following standards shall apply to all bed and breakfast inns:

• A. No cooking or cooking facilities shall be allowed in the guest rooms.

• B. A minimum of one guest bathroom shall be provided for every two guest rooms.

• C. Only meals for registered guests and permanent residents may be served.

• D. House rules will be posted permanently in each guest room. (Ord. 2011-02 §1)

A permit to operate a bed and breakfast inn can be revoked if, in the determination of the planning commission, the bed and breakfast inn operator has failed to maintain the facilities in accordance with the provisions of this chapter and/or:

• A. The operator has failed to pay all applicable city taxes and fees in a timely manner.

• B. The facility has been found to be in violation of any city or county regulations. (Ord. 2011-02 §1)

• A. Upon the recommendation of the planning director, the planning commission may consider a facility with additional rooms if a unique or historically significant structure is involved. In such cases, the commission shall consider the merits of the individual structure and make appropriate findings and conditions to support any deviation from these requirements.

• B. Such consideration shall not constitute a variance when a unique or historically significant structure is involved. In all other circumstances, variances to these requirements shall be discouraged.

• (Ord. 2011-02 §1)