For the purpose of this title, "bed and breakfast guest facility" means any building used in whole or part for sleeping and living facilities for not more than six guest units available to the public for hire on an overnight or limited-term (less than thirty days) basis. Such use may also include service of any or all meals, but such service shall be limited to such guests unless the facility is also allowed under this code to operate as a restaurant.

(Ord. No. 398-2010, § 1, 9-9-2010).

Bed and breakfast guest facilities shall be permitted in all residential zones within the city, including but not limited to R1, R2, R3, R4, RR, and any other residential zones that may hereafter be created, all commercial zones however designated, and in any other zone which the city council, by ordinance, shall designate. The establishment and operation of any bed and breakfast guest facility shall be subject to the issuance and continuation of a conditional use permit, regardless of the zone in which the facility is situated.

(Ord. No. 398-2010, § 1, 9-9-2010).

In order to approve or conditionally approve any application for a use permit for a bed and breakfast guest facility, the following findings must be made by the planning commission:

A.

The property proposed for the bed and breakfast facility has scenic, aesthetic, historical, or other characteristics which could make it attractive to tourists.

B.

The property proposed for use as a bed and breakfast guest facility is suitable for conversion to such without serious damage to its scenic, aesthetic, historical, or other attractive characteristics.

C.

Adequate guest parking is available, on or off the property.

D.

The bed and breakfast facility can and will be conducted without unduly interfering with the surrounding neighborhood.

(Ord. No. 398-2010, § 1, 9-9-2010).

An applicant for a use permit under this chapter shall prepare and submit to the city such documents as the city clerk and building department may from time to time require.

(Ord. No. 398-2010, § 1, 9-9-2010).

A.

Initial Inspection. Before a use permit shall be issued for a bed and breakfast facility, the property, including any food preparation areas, shall be inspected by the city building official, fire chief, and health department official, or their designees, who shall make such recommendations for the protection of health and safety as they may deem to be in the public interest. Recommendations regarding modifications to any property shall take into account the desirability of retaining the existing aesthetic and/or historical character of the structure.

B.

Satisfaction of Recommendations. A use permit may be issued by the city conditioned upon the applicant's completion of any recommendations made by the building official, fire chief, and health department official, after final inspection and approval by them, and upon satisfaction of any other conditions imposed by law, ordinance, or regulation.

C.

Subsequent Inspections. The building official, fire chief, and health department official may require subsequent inspections of the facility if at any time either deems such an inspection to be in the interests of public health or safety, upon prior notice to the operator.

D.

Fees. The city council may, from time to time, by resolution, specify the fees to be collected from applicants for the initial, final, and any subsequent inspections provided in subparts A, B, and C, above.

E.

Appeals. Any applicant who contends that a recommendation made by the building official and/or fire chief as a condition of the issuance of a use permit is unreasonable or inappropriate may request that the city council overrule the same. Any applicant who contends that the findings of a final or any subsequent inspection by the building official or fire chief are incorrect may appeal the same to the city council upon satisfaction of such requirements as may be imposed by the city clerk.

(Ord. No. 398-2010, § 1, 9-9-2010).