§ 138-394. Special use permits.

(a)

Specific use permit for bed and breakfast facility.

(1)

No individual property owner shall use his residence as a bed and breakfast facility, as that term is defined herein, without first having received a specific use permit from the city council.

(2)

A bed and breakfast facility is defined as an owner-occupied private home, which offers lodging for paying guests, and which serves breakfast to these guests and which contains one or more guest bedrooms.

(3)

Specific permits for bed and breakfast facilities may be granted only in the following districts:

a.

Agricultural;

b.

Residential estates, one acre per unit;

c.

Residential estates, two acres per unit;

d.

Single-family residence, 12,000 square feet per unit;

e.

Single-family residence, 8,400 square feet per unit;

f.

Single-family residence, 6,000 square feet per unit;

g.

General residence, 2,500 square feet per unit;

h.

General residence, 1,800 square feet per unit;

i.

RD 30 duplex residence district;

j.

Neighborhood business;

k.

General business; and

l.

Planned development districts.

(b)

Special regulations. The following special regulations shall apply to all specific use permits issued for bed and breakfast facilities:

(1)

All bed and breakfast facilities must be owner-occupied and managed at all times.

(2)

The maximum length of stay for any guest shall be 14 consecutive days in any one calendar month.

(3)

The maximum number of bedrooms that may be rented is five, unless the city council specifically finds that the structure and tract on which it is located is of sufficient size to permit more bedrooms and that the same will not adversely impact the surrounding properties.

(4)

Breakfast shall be the only meal served to paying overnight guests. No cooking facilities shall be permitted in any of the bedrooms.

(5)

One attached sign shall be permitted on the premises. Such signs shall not exceed four square feet in area, and shall not include the word "hotel" or "motel."

(6)

Off-street parking shall be provided equal to one parking space per guest bedroom and shall be screened from all streets. No parking shall be permitted in the front yard area.

(7)

The facilities shall meet all of the minimum requirements of the city-county health department and shall conform in all respects to the requirements of the fire code, building code, electrical code and plumbing code.

(8)

All such facilities shall be responsible for the collection of the city hotel/motel tax.

(9)

All city-county health officers, building inspectors, the fire marshal and his assistants and other code enforcement officials of the city shall have the right to go on any premises for which a specific use permit for a bed and breakfast facility has been issued during normal business hours for the purpose of verifying compliance with this article and all other applicable ordinances of the city.

(Code 1982, § 39-271; Ord. No. 1270, § 4.08, 12-15-1981; Ord. No. 1643, §§ 1, 2, 5-6-1986; Ord. No. 93-10-34, § 1, 10-19-1993)