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Crescent City City Zoning Code

CHAPTER 17

59 BED AND BREAKFAST ESTABLISHMENTS

§ 17.59.010 Purpose.

The purpose of this chapter is to provide for the control and regulation of bed and breakfast establishments in keeping with the safety, convenience and welfare of the general public, and for the following more specific reasons:
A. 
To assist in allowing these sorts of visitor-serving uses, which benefit the local economy by encouraging destination tourism;
B. 
To protect the residential character of the various zoning districts where bed and breakfast establishments are allowed;
C. 
To ensure a fair process by which the location and operation of such establishments may be in the best interest of the entire community.
(Ord. 697 § 2, 2003)

§ 17.59.020 Definitions.

For the purpose of this chapter certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in this section.
"Bed and breakfast"
means a residential dwelling occupied by a resident person or family, containing individual living quarters occupied on a transient basis for compensation, and in which a breakfast may be provided to guests.
"Guest home or rest home"
means a building or any portion thereof used for the housing of ambulatory well and able persons where lodging is provided for compensation.
"Guestroom"
means a room which is designed and/or used by one or more guests for sleeping purposes, but in which no provision is made for cooking.
"Home occupations"
means a use customarily carried on in a dwelling by a resident thereof, which use is merely incidental to the residential use of the dwelling, and is carried on with the normal equipment customarily found in a dwelling; provided, that no assistants are employed and provided the use is conducted in the main dwelling and not in an accessory building.
"Lodginghouse or roominghouse"
means a building having no more than five guestrooms with a maximum occupancy of two persons per room, and where such lodging is provided for compensation.
(Ord. 697 § 2, 2003)

§ 17.59.030 Allowable locations.

Bed and breakfast establishments shall be allowed in all zones except O and CZ-O.
(Ord. 697 § 2, 2003)

§ 17.59.040 Use permit.

Guest homes and bed and breakfast establishments must obtain a conditional use permit from the planning commission for their operation. The conditional use permit process requires a public hearing, allowing neighbors and/or other concerned citizens to voice their concerns about the proposed operations. In residential zones, the focus of the use permit process is on the commercial operation occurring in a residential zone. In commercial zones, the focus is on the required residential use by the on-site owner or manager in a commercial zone.
(Ord. 697 § 2, 2003)

§ 17.59.050 Architectural review.

Bed and breakfast establishments in the R3, RP, CZ-RP and all commercial zones are required to go through an architectural review.
(Ord. 697 § 2, 2003)

§ 17.59.060 Business license.

A. 
A business license must be obtained by the proprietor through the city finance department before guests may be accommodated.
B. 
Bed and breakfast establishments shall be subject to the transient occupancy tax as required under Title 3 of this code.
(Ord. 697 § 2, 2003)

§ 17.59.070 Size of establishment.

A. 
A maximum of three guestrooms shall be permitted in the R1, CZ-R1 and CZ-R1B zones.
B. 
A maximum of five guestrooms shall be permitted in the R2 and CZ-R2 zones.
C. 
The maximum number of guestrooms for bed and breakfast establishments shall be determined on a case-by-case basis during the use permit process for the R-3, RP and CZ-RP zones.
D. 
Bed and breakfast establishments in the commercial zones shall be treated the same as hotels, motels and inns.
(Ord. 697 § 2, 2003)

§ 17.59.080 Parking.

A. 
One off-street parking space per guestroom shall be required in addition to the two covered off-street spaces required for the residential use.
B. 
The owner or manager's required residential use of a bed and breakfast establishment in a multi-family zone shall be treated as a single-family residence, and two covered off-street parking spaces shall be required for the on-site residence in addition to the one off-street parking space for each guestroom.
C. 
Parking requirements shall be the same as for hotels and motels in commercial zones.
(Ord. 697 § 2, 2003)

§ 17.59.090 Signs.

A. 
In residential zones signs shall be no larger than the two-square-foot nameplates allowed for single-family residences, and shall be made of nonplastic material.
B. 
Bed and breakfast signs in residential zones shall not be lighted at night.
C. 
In commercial zones, signs for bed and breakfast establishments shall conform to the sign requirements for that zone.
D. 
A sign permit shall be required for bed and breakfast signs in commercial zones. Nameplate signs of two square feet or less in residential zones shall conform to the requirements for such signs, and shall not require a permit.
(Ord. 697 § 2, 2003)

§ 17.59.100 Historic structures.

Any modifications, additions or remodels made to duly recognized historic structures being used or intended to be used as a bed and breakfast establishment shall go through the architectural review process. The purpose of the review shall be to ensure that all work done on the structure of the grounds be in keeping with the historic significance of the building, and shall reasonably conform to the original plan and appearance of the site.
(Ord. 697 § 2, 2003)

§ 17.59.110 Safety requirements.

A. 
Smoke detectors and fire exit maps shall be required in all guestrooms.
B. 
Fire extinguishers shall be required to be kept on the premises at all times. The extinguishers must be kept in good working order.
C. 
The buildings and guestrooms must pass a fire inspection before the issuance of a business license, and once a year thereafter.
D. 
The kitchen shall conform to the requirements for bed and breakfast operations set forth by the county health department.
E. 
Kitchens, kitchenettes or other provision for the preparation of meals shall not be permitted in any guestroom.
(Ord. 697 § 2, 2003)

§ 17.59.120 Meals.

A. 
Breakfast shall be the only meal served, and may only be provided to registered guests.
B. 
A food service permit must be obtained from the county health department before any meals are served.
(Ord. 697 § 2, 2003)

§ 17.59.130 Owner or innkeeper on premises.

A. 
The owner or manager of the bed and breakfast establishment must reside on the premises as their primary place of residence.
B. 
The on-site owner or manager shall be responsible for ensuring that all the requirements of these regulations are met, and that the operation is conducted without unduly interfering with a surrounding residential neighborhood.
(Ord. 697 § 2, 2003)

§ 17.59.140 Noise.

A. 
In order to protect the residential character of a neighborhood, and to ensure the enjoyment of the other guests, no loud noises or loud parties shall be permitted after ten p.m. or before eight a.m. in residential zones. For the purpose of this regulation, loud noises shall mean noise above sixty decibels discernible at nearby residences after the specified hours. The on-site owner or manager shall be responsible for enforcing this regulation.
B. 
In commercial zones with no nearby residential uses, the issue of maintaining quiet during the evening hours shall be at the discretion of the on-site owner or manager.
(Ord. 697 § 2, 2003)