Newman City Zoning Code
CHAPTER 5
21 BED AND BREAKFAST INN
§ 5.21.010 Purpose.
The purpose of this chapter is to provide for and regulate single-family residences which provide overnight guest accommodations.
(Ord. 97-17, 10-28-1997)
§ 5.21.020 Intent.
The intent of this chapter is to allow bed and breakfast inn as an alternative form of lodging accommodation in the City. The operator of the 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 of not more than five consecutive days.
(Ord. 97-17, 10-28-1997)
§ 5.21.030 Zoning compatibility.
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 with all applicable City Zoning and Building Codes.
B.
Off-Street Parking. Bed and breakfast inn shall provide one off-street parking space for each guestroom in addition to two covered spaces for the main dwelling.
C.
Signs. 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.
D.
Maximum Occupancy. Individual rooms shall not be occupied by more than two adults.
(Ord. 97-17, 10-28-1997)
§ 5.21.040 Permit process.
All applications for bed and breakfast inn 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 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.
Building Official;
3.
Fire Chief and/or Fire Marshal;
4.
Planning Director.
C.
The Planning Commission shall review the conditional use permit at the following intervals:
1.
Annual review after granting the use permit;
2.
Upon receipt of substantial complaints.
D.
Bed and breakfast inn in designated historic resource residences:
1.
A bed and breakfast inn with three or fewer guestrooms operated by the resident within a residence which is 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.
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.
(Ord. 97-17, 10-28-1997)
§ 5.21.050 Conditional approval.
The following standard conditions shall be attached to all use permits for bed and breakfast homes:
A.
A fire escape map, approved by the Fire Chief and/or Fire Marshal, shall be posted in each guestroom 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. 97-17, 10-28-1997)
§ 5.21.060 Findings for approval.
The Planning Commission must make the following findings when granting a use permit for a bed and breakfast home:
A.
The establishment of the bed and breakfast home will not, under the circumstances of the particular application, 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 home complies with all applicable requirements of this title.
C.
The proposed bed and breakfast home will not adversely impact traffic and parking conditions in the neighborhood.
D.
The proposed bed and breakfast home will be compatible with the neighborhood.
(Ord. 97-17, 10-28-1997)
§ 5.21.070 Miscellaneous standards.
The following standards shall apply to all bed and breakfast homes:
A.
No cooking or cooking facilities shall be allowed in the guestrooms.
B.
A minimum of one guest bathroom shall be provided for every two guestrooms.
C.
Only meals for registered guests and permanent residents may be served.
D.
House rules will be posted permanently in each guestroom.
(Ord. 97-17, 10-28-1997)
§ 5.21.080 Grounds for permit revocation.
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. 97-17, 10-28-1997)
§ 5.21.090 Special and/or unique circumstances.
A.
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. 97-17, 10-28-1997)