It is the purpose of this article to provide standards for Bed and Breakfast facilities. This article is enacted on the basis of the public policy that supports the City of Orange as a tourist destination, as Bed and Breakfast facilities have become an alternative lodging choice for many travelers. Other purposes include:

(1)

To encourage owners of homes built before 1950 to continue to reside in those homes and to provide maintenance necessary to preserve the historical and architectural value of the structure;

(2)

To ensure the integrity of the neighborhoods in which these structures are located by providing Bed and Breakfast operating standards;

(3)

To strengthen the local economy;

(4)

To promote historical interest and pride in the community.

(a)

Structure. The Bed and Breakfast facility shall be operated within the principal structure or existing "carriage houses" or garage apartments which have been inspected and approved as guest quarters. No newly constructed additions will be approved as guest quarters. The structure shall have been constructed before 1950 or have historical significance to the community. No structure shall be utilized solely as a Bed and Breakfast facility.

(b)

Special Exception Required.

(1)

A Bed and Breakfast shall meet the zoning standards of the district in which it is located;

(2)

For those Zoning Districts for which a Special Exception is required an application shall be filed with the Director of Planning. Further, no Special Exception shall be issued unless the following findings are made by the Board of Adjustments:

(A)

Public facilities, services and utilities are reasonably available;

(B)

The specific use will have no harmful effect upon the surrounding neighborhood;

(C)

The specific use will not generate excessive traffic, considering the capacity and physical character of the surrounding streets;

(D)

The site is suitable for the type and intensity of the use or development proposed;

(E)

The Board has considered all other relevant impact of the proposed use.

(3)

Management. The Bed and Breakfast shall be occupied by the owner unless the facility is a nonprofit or publicly owned structure in which case a "guest host" shall reside on the premise in a permanent manner.

(4)

Length of Stay. The maximum length of stay by any one guest shall be fourteen (14) consecutive days during a thirty (30) day period of time. The resident owner shall maintain a guest register including name, addresses and dates of occupancy for all guests. This register shall be available to the Planning Director upon request.

(5)

Signage. In residential zoning districts a Bed and Breakfast shall be allowed one sign no larger than two square feet and it shall be non-illuminated. The sign shall be placed on the face of the structure or the fence surrounding the property. The sign must be constructed of materials compatible with the structure. A Bed and Breakfast located in a non-residential zoning district shall be permitted a sign in compliance with the Sign Ordinance of the City of Orange.

(6)

Parking. The Bed and Breakfast shall maintain two parking spaces plus one per guest room. Said parking spaces shall be located in the rear of the structure and shall be screened from the street and from adjacent residential uses. All or part of the required off-street parking may be waived by the Board of Adjustments if yards or landscaping must be removed to meet this requirement. Applicant must document that waiving this requirement will not negatively impact the neighborhood.

(7)

Additions and Alterations. No exterior additions or alterations shall be made for the express purpose of maintaining or adding to a Bed and Breakfast facility, other than to meet health, safety and sanitation requirements. Minimal exterior modifications to the structure and grounds may be made if such changes are deemed to be compatible with the character of the neighborhood.

(8)

Other Uses.

(A)

The sale and/or display of merchandise or other commodities in a "gift shop" setting is prohibited in residential zoning districts. Limited items such as memorabilia commemorating the facility or antiques in use at the facility may be sold but such sales must be approved as a condition of the Special Exception.

(B)

Group functions such as weddings, luncheons, etc. shall not be allowed in Residential Zoning Districts unless such activities were approved as a condition of the Special Exception for the Bed and Breakfast facility. Such group functions shall only be permitted if the facility can demonstrate that sufficient off-street parking will be available. The facility must provide sufficient off-street parking in the existing parking area or in a satellite parking area. A written agreement shall be provided to the Director of Planning before the event. The number of events a facility is allowed will be determined by the Board of Adjustments with the maximum number of events not to exceed five (5) per month. Each event shall be limited to no more than twenty-five people and shall be held between the hours of 8:00 am. and 8:00 p.m. Also, all such events must be reported to the Director of Planning in a fashion agreed upon between the owner of the Bed and Breakfast and the Director.

(9)

Health, Fire and Building Considerations.

(A)

Breakfast shall be the only meal served and shall only be served to registered guests. Full breakfasts consisting of items needing in-house preparation will require the facility to meet all State of Texas and City of Orange health requirements for commercial food service except, that if a Bed and Breakfast kitchen is equipped with a standard residential type oven, a residential fire suppression system will be required in lieu of the commercial kitchen system, that shall be installed in a conventional residential vent-a-hood. If the Bed and Breakfast has a commercial-type stove, a commercial type hood and suppression system will be required. Individual rooms shall not contain cooking facilities.

(B)

Each guest room shall contain a smoke alarm.

(C)

For building code inspections and reviews, the Bed and Breakfast shall be classified as an R-3/Residential occupancy as defined by the Southern Standard Building Code.

(D)

The Bed and Breakfast facility shall meet all applicable local and state laws pertaining to fire, sanitation and building codes except those mentioned in this section.

(E)

The fire department shall inspect all Bed and Breakfast facilities before a license is issued. The facility must successfully pass this inspection.

(F)

Portable fire extinguishers shall be required in accordance with NFPA 10.

(a)

Application for license. Application for a license to operate a Bed and Breakfast, shall be made to the Board of Adjustments. Such application shall state the name and address of the person desiring to engage in such business and a description of the property, including street address. Applicant shall also provide such other information as may be required by the city.

(b)

Requirements/Duration. It shall be unlawful for any person to establish, conduct or operate any present or future Bed and Breakfast within the city without first obtaining a license therefore from the Board of Adjustments. Such license shall be renewable for the calendar year or any part thereof, ending on the thirty-first day of December of each year through the office of the Planning Director unless the Director deems that the Bed and Breakfast is operating outside the scope of this article in which case the license shall be reviewed by the Board of Adjustments.

(c)

Fee. The annual fee for each license or renewal thereof to operate a Bed and Breakfast shall be Ten dollars ($10.00).

(d)

Displaying License. License must be conspicuously displayed at all times.

(Ordinance 1999-1, adopted 1/12/99)