Westhampton Beach City Zoning Code
ARTICLE X
Bed-and-Breakfast
[Added 5-11-1990 by L.L. No. 8-1990]
§ 197-84 Definitions.
[Amended 4-8-1998 by L.L. No. 3-1998]
In addition to the other definitions set forth in this chapter, the following definitions shall apply to this article:
BED-AND-BREAKFAST
An owner-occupied dwelling designed, used and occupied as a one-family or two-family dwelling, managed by the property's owner and having as an accessory use bedroom accommodations and breakfast provisions, served in the host's private dining room or kitchen for those accommodated as paying guests, who are referred to for the purposes of this article as "registered guests."
§ 197-85 Permit required; application; issuance; renewal.
[Added 4-8-1998 by L.L. No. 3-1998[1]]
A.
No dwelling or building shall be used as a bed-and-breakfast unless:
(1)
It is in compliance with the requirements of this article and all other provisions of this chapter.
(2)
A bed-and-breakfast permit has been issued for a bed-and-breakfast under this article by the Building Inspector permitting the bed-and-breakfast.
B.
An application for a bed-and-breakfast permit shall be filed with the Building Inspector with a fee to be determined by the Village Board under Chapter A200 of the Village Code.
C.
Following an inspection of the premises, the Building Inspector is authorized to issue a bed-and-breakfast permit, based upon a finding that the property complies with all the applicable requirements of this article and chapter.
D.
All permits issued under this article shall be valid for one year. All renewals shall be subject to the provisions of this article.
[1]
Editor's Note: This local law also provided for the repeal of former § 197-85, General provisions. See now §§ 197-86 and 197-87.
§ 197-86 Permitted districts.
[Added 4-8-1998 by L.L. No. 3-1998;[1] amended 5-7-2009 by L.L. No. 4-2009]
The Building Inspector is authorized to issue a permit for a bed-and-breakfast in the following zoning districts: R-1, R-2, R-3, R-4, HC and B-1.
[1]
Editor's Note: This local law also provided for the repeal of former § 197-86, Permit required; conditions. See now §§ 197-85 and 197-87.
§ 197-87 Use regulations; inspections; posting of permit.
[Added 4-8-1998 by L.L. No. 3-1998[1]]
A.
The dwelling shall be a detached, one family or two-family dwelling with a certificate of occupancy for such use. A bed-and-breakfast may also utilize one accessory building for guest facilities only if it is approved as a special permit use by the Village Board.
B.
The dwelling shall be occupied as a principal residence by its owner during any period of time in which it is also being used and occupied as a bed-and-breakfast.
C.
There shall be no separate kitchen facilities for the use of registered guests. In the case of a two-family dwelling which is utilized as a bed-and-breakfast, a separate kitchen may be utilized by the owner-occupant.
D.
In addition to the number of bedrooms occupied by the owner in connection with the use of the dwelling as a one- or two-family dwelling, the number of bedrooms available for registered guests shall not exceed five.
E.
The number of registered adult guests over the age of 18 shall not exceed two per bedroom.
F.
The residential use of the owner must have a minimum of two parking spaces. In addition, there shall be at least one parking space per bedroom devoted to the bed-and-breakfast. The parking area shall be screened from the direct view of any adjacent residential use. The parking and landscaping plan for the premises shall be referred to the Planning Board and approved by the Planning Board before a permit is issued pursuant to this article. No public hearing shall be required by the Planning Board before it approves said landscape plan.
G.
There shall not be more than one employee on the premises working at any given time, and no employees shall be permitted between the hours of 11:00 p.m. and 5:00 a.m. Members of the owner's immediate family who are residents on the premises shall not be considered employees under this section, whether or not they are compensated.
H.
No guest may be registered for more than seven consecutive nights. The owner shall maintain a guest register and shall preserve registration records for a minimum of three years. The register and all records shall be made available for inspection by the Building Inspector. All guests shall be required to register, including the date of check in and check out.
I.
No meals except for breakfast shall be served on the premises to registered guests. Breakfast may only be served between the hours of 6:00 a.m. and 11:00 a.m.
J.
The building shall be in compliance with all applicable zoning, building, fire prevention, electrical, plumbing and health requirements.
K.
The Building Inspector shall have the right after the issuance of the permit to inspect the premises permitted as a bed-and-breakfast at reasonable times. With the acceptance of the permit the owner consents to said inspections.
L.
The permit issued under this article shall be posted in a conspicuous place at the subject building in a location that is readily accessible to the public.
[1]
Editor's Note: This local law also provided for the repeal of former § 197-87, Approval of permit by Building Inspector, as amended.
§ 197-88 Violations; revocation notice.
The Building Inspector, upon determining that a violation of this article has occurred may, in addition to the penalties available in § 197-83 of the Village Code, revoke the permit to operate the bed-and-breakfast residence. Such revocation notice must be sent to the owner of the subject premises at the address set forth in the application for a permit, on file at the Village office, by certified mail, return receipt requested, or, in the alternative, posted at a conspicuous place on the subject property. Said notice shall specify the violation that is the basis of the revocation.
§ 197-89 When revocation effective.
The revocation of the subject permit shall become effective 30 days after the mailing of the notice or the posting on the property unless the owner appeals said notice of revocation to the Zoning Board of Appeals within 30 days from the mailing or posting of said notice of revocation. If said owner fails to file a formal application for review to the Zoning Board of Appeals in the aforementioned time period, the owner shall be deemed to have waived his right to a hearing with respect to the revocation of his permit.
§ 197-90 Appeals.
The Zoning Board of Appeals, shall fix a reasonable time for the hearing of such appeals and may reverse or affirm, in whole or in part, or may modify the Building Inspector's determination to revoke the bed-and-breakfast permit.
§ 197-91 Preapplication after revocation.
Should any permit be revoked for failure to comply with the provisions of this article or should any owner be found guilty of failing to obtain the permit as provided for herein, such owner shall be barred from making an application or reapplication for one year from the date of determination of noncompliance.
§ 197-92 Group rentals.
Any premises which is occupied as a group rental pursuant to Article V of the Zoning Code of the Village of Westhampton Beach shall not be eligible for a bed-and-breakfast permit.