This article provides standards for the establishment of bed and breakfast establishments within the city limits of the city, in both residential, commercial and M-1 districts. Bed and breakfast establishments are required to apply for a special use permit as authorized and follow the procedures set forth under sections 64-124 and 64-126 and shall meet the requirements as set forth in this article.

(Code 1982, § 31-70; Ord. No. 8849, § 1, 8-15-1994; Ord. No. 10285, § 2, 3-16-2015)

The minimum standards for bed and breakfast establishments located in residential districts R-1, R-2, R-3 or R-3G are as follows:

(1)

The bed and breakfast establishment must be the principal residence of the owner, must be occupied by said owner while the bed and breakfast establishment is in operation and shall be a single-family residential structure.

(2)

An annual city business license is required.

(3)

An annual inspection by the code enforcement departments and the fire departments, respectively, including one fire inspection per year, may occur plus other inspections may be held if complaints are received.

(4)

One nonfamily employee is allowed per 12-hour shift with a maximum of two nonfamily employees allowed per bed and breakfast establishment.

(5)

A guest register is required to be kept on the premises and shall be retained by the bed and breakfast establishment for one year after it has been filled.

(6)

No other business is allowed to take place upon the premises of the bed and breakfast establishment. For example, no catering, gift shops, bakery or reception facility are allowed upon said premises. However, the bed and breakfast establishment is allowed to give away promotional material.

(7)

Food and beverage service.

a.

Each bed and breakfast establishment shall serve breakfast or brunch and the cost of said breakfast or brunch shall be included in the price of the room.

b.

Breakfast shall be served only to overnight guests of the bed and breakfast establishment.

c.

If the bed and breakfast establishment is located within a residential district (R-1, R-2, R-3 or R-3G), then it is not subject to the provisions of article V of chapter 12, pertaining to food service and food handlers.

d.

No liquor or alcoholic beverages are allowed to be sold by or given away by the bed and breakfast establishment.

(8)

Guestrooms.

a.

A maximum of four guestrooms per bed and breakfast establishment is allowed.

b.

Each guestroom is required to have a door lock.

c.

No cooking is allowed in a guestroom.

d.

A maximum of three persons per sleeping room is allowed.

e.

Guestrooms shall be a part of the primary residential structure and shall not have been specifically constructed or remodeled for bed and breakfast purposes unless one year has passed since the end of such construction or remodeling. Any interior modification shall be described in the application for the special use permit.

(9)

A minimum of 400 feet shall be between each bed and breakfast establishment located in a residentially zoned district.

(10)

Each bed and breakfast establishment shall have a minimum of 2,500 square feet of finished interior living space, excluding porches and garages.

(11)

No guest of a bed and breakfast establishment can stay at said establishment more than 15 consecutive days out of every 30-day period.

(12)

A minimum of two bathrooms shall be located within each bed and breakfast establishment with one bathroom designated for the owners and employees of the bed and breakfast establishment and one bathroom designated for the guests of the bed and breakfast establishment.

(13)

Minimum fire and safety standards for a bed and breakfast establishment in a residential district are as follows:

a.

Self-illuminated or illuminated exit signs: one per level;

b.

Minimum of three-foot-wide corridors;

c.

Emergency lighting in common corridors;

d.

A smoke detector in each guestroom;

e.

A smoke detector in each common corridor;

f.

Fire extinguishers: one per common corridor per level and one each in the kitchen and mechanical (furnace) room;

g.

Posting of emergency exit maps inside on each guestroom door;

h.

"No smoking in bed" signs posted inside on each guestroom door (each bed and breakfast establishment can use the signs provided by the city fire department or their own design, after it has been approved by the city fire department);

i.

One exit directly to the outside for each level above the ground floor level; and

j.

Two exits off the main level directly to the outside but one of said exits can be through the kitchen or mechanical (furnace) room.

(14)

Minimum exterior appearance for a bed and breakfast establishment in a residential district are as follows:

a.

Exterior lighting shall comply with sections 64-214(4) and 64-155;

b.

Off-street parking: two parking spaces shall be provided off-street for the owners of the bed and breakfast establishment and one space shall be provided off-street for each guestroom;

c.

Exterior signs: only one exterior sign is allowed with a three-foot square maximum. Said sign cannot be illuminated or animated but can be installed on the bed and breakfast establishment or on a rod or post in the yard. If the sign is installed in the yard, it shall meet the setback requirements as required by chapter 46;

d.

No exterior alterations, other than those necessary to ensure the safety of said structure shall be made to any building.

(15)

Pets are allowed in a bed and breakfast establishment, if permitted by the owners of said bed and breakfast establishment.

(16)

The owner must comply with all other city ordinances as well as all county, state and federal laws, rules or regulations concerning health, safety, licensing, nondiscrimination or any other applicable laws, rules or regulations.

(Code 1982, § 31-71; Ord. No. 8849, § 1, 8-15-1994)

The minimum standards for bed and breakfast establishments located in commercial districts C-O, C-1, C-2, C-3 and the industrial M-1 district are as follows:

(1)

An annual city business license is required.

(2)

An annual inspection by the code enforcement departments and the fire departments, respectively, including one fire inspection per year, may occur plus other inspections may be held if complaints are received.

(3)

A guest register is required to be kept on the premises and shall be retained by the bed and breakfast establishment for one year after it has been filled.

(4)

Food and beverage service.

a.

Each bed and breakfast establishment shall serve breakfast or brunch to at least its guests, and the cost of said breakfast or brunch shall be included in the price of the room. If the establishment is in an area zoned C-1, C-2, C-3 or M-1, it may serve other meals to guests and may serve meals to nonguests as well.

b.

The bed and breakfast establishment is subject to the provisions of article V of chapter 12, pertaining to food service and food handlers.

c.

Alcoholic beverages may be sold or given away by the bed and breakfast establishment so long as it meets the provisions relating to alcoholic beverages in this Code.

(5)

Guestrooms.

a.

A maximum of four guestrooms per bed and breakfast establishment is allowed.

b.

Each guestroom is required to have a door lock.

c.

No cooking is allowed in a guestroom.

d.

A maximum of three persons per sleeping room is allowed.

e.

Guestrooms shall be a part of the primary residential structure and shall not have been specifically constructed or remodeled for bed and breakfast purposes unless one year has passed since the end of such construction or remodeling. Any interior modification shall be described in the application for the special use permit.

(6)

Each bed and breakfast establishment shall have a minimum of 2,500 square feet of finished interior living space, excluding porches and garages.

(7)

A minimum of two bathrooms shall be located within each bed and breakfast establishment with one bathroom designated for the owners and employees of the bed and breakfast establishment and one bathroom designated for the guests of the bed and breakfast establishment.

(8)

Minimum fire and safety standards for a bed and breakfast establishment located in commercial districts C-O, C-1, C-2, C-3 and the industrial M-1 district are as follows:

a.

Self-illuminated or illuminated exit signs: one per level;

b.

Minimum of three-foot-wide corridors;

c.

Emergency lighting in common corridors;

d.

A smoke detector in each guestroom;

e.

A smoke detector in each common corridor;

f.

Fire extinguishers: one per common corridor per level and one each in the kitchen and mechanical (furnace) room;

g.

Posting of emergency exit maps inside on each guestroom door;

h.

"No smoking in bed" signs posted inside on each guestroom door (each bed and breakfast establishment can use the signs provided by the city fire department or their own design, after it has been approved by the city fire department);

i.

One exit directly to the outside for each level above the ground floor level;

j.

Two exits off the main level directly to the outside but one of said exits can be through kitchen or mechanical (furnace) room; and

k.

Such additional requirements as required by the applicable building code and fire code as currently in effect at the time of the application for the bed and breakfast establishment.

(9)

Minimum exterior appearance for a bed and breakfast establishment in commercial districts C-O, C-1, C-2, C-3 and the district M-1 light industrial are as follows:

a.

Exterior lighting: shall comply with sections 64-214 and 64-155;

b.

Off-street parking: two parking spaces shall be provided off-street for the owners of the bed and breakfast establishment and one space shall be provided off-street for each guestroom;

c.

Exterior signs: shall comply with the requirements of chapter 46.

(10)

Pets are allowed in a bed and breakfast establishment, if permitted by the owners of said bed and breakfast establishment.

(11)

The owner must comply with all other city ordinances as well as all county, state and federal laws, rules or regulations concerning health, safety, licensing, nondiscrimination or any other applicable laws, rules or regulations.

(Code 1982, § 31-73; Ord. No. 8849, § 1, 8-15-1994)