It is the intent of the City to apply the regulations of this article to bed and breakfast inns to encourage commercial development which will promote the City and in response to growing public interest and concern about the development of this type of facilities.

A bed and breakfast inn ("Inn") which is approved by the Planning Commission and which conforms to the requirements of this article shall be considered a commercial use which is consistent with the existing General Plan and zoning designations for the subject property contingent on Planning Commission approval. The City's growth control ordinance shall not be applied to inns. Furthermore, it is the intent of this article to encourage the sensitive use of historic sites as inns and for new development proposals to include special architectural or historic character.

(§ 1, Ord. 559-C.S., eff. November 7, 1990)

As stated in this article, "bed and breakfast inn" shall refer to any structure containing not more than twelve (12) guest bedrooms, which may be occupied by no more than twenty-four (24) persons, which are intended to be let to transient guests for compensation. A "guest bedroom" is a room primarily intended for sleeping and contained in the primary structure, which may contain furnishings, but may not lawfully contain any kitchen equipment. Bath facilities may be shared or may be separate for each guest bedroom. An inn is a conditional use in all residential and commercial zoning districts. An inn shall provide guest bedrooms and breakfast for transient guests.

(§ 1, Ord. 559-C.S., eff. November 7, 1990; Ord. No. 769-C.S., § 8, eff. December 23, 2009)

(a)

Applicability. An application for a bed and breakfast inn shall be considered only if the project meets the following minimum criteria:

(1)

The property is owner occupied and managed;

(2)

The property's size is at least 5,000 square feet;

(3)

No covenants, conditions and restrictions prohibit the use of the property; and

(4)

The structure shall meet the minimum requirements of the Uniform Building Code for the proposed occupancy or shall be upgraded to the satisfaction of the Building Official.

(b)

Standards. The following standards shall apply to a bed and breakfast inn:

(1)

The inn shall be occupied and managed by an owner of the property;

(2)

The maximum length of stay for any guest shall be (14) consecutive days during any thirty (30) day period;

(3)

In residential districts, breakfast is the only meal that may be served and shall only be served to registered guests of the inn; however, restaurants may be permitted in commercial districts in conjunction with an inn;

(4)

No kitchen appliances or cooking facilities will be permitted in the guest bedrooms;

(5)

The number of permissible guest bedrooms shall be determined by dividing the square footage of the subject lot by 1,800 square feet with twelve (12) being the maximum number of permitted guest bedrooms;

(6)

A register must be maintained on the premises. The register must contain the guests' names, home address, and check in and check out dates. The register must be kept for a period of seven (7) years from the date of the last registration noted in the register; and

(7)

In addition to the two (2) covered parking space required by Code for the owner's unit, one off-street parking space shall be provided for each guest room. If more than ten (10) guest rooms are proposed, additional parking may be required.

(c)

Permits required.

(1)

A use permit and site development permit must be approved by the Planning Commission for any inn proposed in any Residential or Commercial District. If located in the Hillside Preservation District (HPD), the HPD regulations shall be followed; however, a use permit and site development permit shall also be required;

(2)

Each conditional use approval is site specific and may not be transferred to another property than was originally approved; and

(3)

Annual inspections of the inn shall be made by the City Fire and Planning Divisions and the inn must secure and maintain the appropriate County Health Department permits and certificates.

(d)

Signs.

(1)

In Residential Districts only one wooden sign, no more than six (6) square feet in area, will be permitted. The sign may be freestanding or may be placed on an exterior wall or in a window. The sign may not be externally illuminated. The sign must: (a) conform to the City's Design Guidelines; and (b) receive sign permit approval by the Planning Administrator pursuant to Article 29 of Chapter 4 of Title 9 this Code.

(2)

Inns located in any district other than Residential may have signs consistent with Article 29 of Chapter 4 of Title 9 of this Code.

(§ 1, Ord. 559-C.S., eff. November 7, 1990; Ord. No. 769-C.S., § 9, eff. December 23, 2009)

Existing inns which have not received a special use permit or site development permit are considered illegal. If an inn was in existence prior to the date of adoption of the ordinance codified in this article and if the property owner requests legalization, the Commission may waive the parking and lot requirement standards. It shall be the applicant's responsibility to provide evidence that the inn was in existence prior to the date of adoption of the ordinance codified in this article. The waiver of the standards for illegal inns shall be discretionary, and such waiver shall depend on individual circumstances and the ability to make findings for approval.

(§ 1, Ord. 559-C.S., eff. November 7, 1990)