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Brewton City Zoning Code

ARTICLE XVIII.

BED AND BREAKFAST ORDINANCE[2]


Footnotes:
--- (2) ---

Editor's note— Ord. No. 16-0111, adopted Jan. 11, 2016, amended art. XVIII in its entirety to read as herein set out. Former art. XVIII, §§ 18.1—18.4, pertained to similar subject matter, and derived from Ord. No. 02-0409, §§ 1—4, adopted Apr. 9, 2002.


18.1.- Purpose.

The ordinance codified in this article is enacted to regulate bed and breakfast uses in the City of Brewton.

(Ord. No. 16-0111, 1-11-2016)

18.2. - Definitions.

(a)

Bed and breakfast residence: A dwelling unit, located within a one (1) family dwelling, in which four (4) or fewer guest rooms are rented on a nightly basis for a period(s) of less than one (1) week and where at least one (1) meal is offered in connection with the provision of sleeping accommodation only.

(b)

Guestroom: A room or a group of rooms forming a single habitable unit and which is used or intended to be used for sleeping and living, but not for cooking or eating purposes and which is let individually as a unit.

(c)

Code requirements: Bed and breakfast residences are regulated under two (2) sections of the City of Brewton Code of Ordinances; land use and development ordinance and licensing.

(d)

Bed and breakfast inn: A structure in which five (5) but less than twelve (12) guest rooms are rented on a nightly basis for a period(s) of less than one (1) week and where at least one (1) meal is offered in connection with the provision of sleeping accommodation only.

(Ord. No. 16-0111, 1-11-2016)

18.3. - Bed and breakfast residences.

(a)

Bed and breakfast residences are permitted uses in a Single-Family District (R-1, R-2 or R-3) provided the following conditions are met:

(1)

One (1) to four (4) guestrooms may be established in a one-family detached dwelling.

(2)

The lot must meet the minimum lot size for a single-family dwelling in the district in which it is located.

(3)

The residents of the dwelling, other than the registered guests of the guestroom, shall only be comprised of the following people: One (1) or two (2) people or parents, which their direct lineal descendants and adopted or legally cared for children (and including the domestic employees thereof).

(4)

Guestrooms shall be contained within the principal structure.

(5)

Dining and other facilities shall not be open to the public, but shall be used exclusively by the residents and registered guest.

(6)

No additional exterior entrances shall be added to the structure.

(7)

Shall be approved by the planning commission under a special exception(s).

(8)

Parking is two (2) off-street parking spaces for each dwelling unit and one (1) for each guestroom up to and including four (4) guestrooms.

(9)

Parking area shall be hard surfaced (asphalt or concrete).

(10)

One (1) identification sign is permitted not exceeding a total of two (2) square feet in area. No lighting will be permitted. Sign shall be approved and permitted by the building department.

(b)

Safety requirement:

(1)

Approved hard-wired smoke alarms outside each sleeping room and the top and bottom of each story or floor level, even if no sleeping accommodation is provided on that story or floor level.

(2)

Night lights having a minimum of 1.5 watts, white light are to be provided at the top and bottom landings of stairs leading to the dwelling and sleeping units.

(3)

A two and one-half-pound, multi-purpose portable fire extinguisher (approved by the Brewton Fire Chief) is to be visibly mounted near the kitchen exit door, preferably the door leading directly outdoors.

(4)

An emergency instruction notice in case of fire is to be permanently mounted in the guest sleeping room on the door and covered with transparent finish to prevent tampering.

(5)

The guestrooms must meet the minimum room size requirements as set out in the building code.

(6)

All appliances and facilities are expected to be kept clean and in good working order.

(7)

State of Alabama Health Department shall approve the kitchen in which food will be prepared.

(c)

Additional requirements:

(1)

A maximum of two (2) beds per room accommodation and a maximum of eight (8) bed and breakfast guests may be permitted in a dwelling unit.

(2)

The provision of bed and breakfast accommodation shall not be permitted coincidentally with the keeping of boarders and lodgers.

(3)

The operator of the bed and breakfast accommodation shall reside in the same dwelling unit.

(Ord. No. 16-0111, 1-11-2016)

18.4. - Bed and breakfast inn.

(a)

Bed and breakfast inns are permitted uses in B-2 and B-3 Business Districts only. These buildings shall have twelve (12) or fewer guestrooms. The proprietor, manager or owner is required to occupy the property.

(b)

The bed and breakfast inns must comply with the same provisions as set forth in this article as bed and breakfast residences except they are allowed to have twelve (12) or fewer guestrooms.

(c)

The kitchen shall be used to prepare and serve meals to residents and overnight guests only. Cooking facilities and cooking shall be strictly prohibited in all sleeping rooms.

(d)

Bed and breakfast inns must comply with all the provisions of the zone in which it is located and with all other ordinances of the City of Brewton.

(e)

There shall be two (2) parking spaces provided for the owner and manager, and one (1) for each guestroom.

(Ord. No. 16-0111, 1-11-2016)

18.5 - Penalties.

A sentence to pay a fine for a violation shall be for a definite amount, fixed by the court, as an ordinance violation.

(Ord. No. 16-0111, 1-11-2016)