City of Coldwater, MI
Branch County
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Table of Contents
Table of Contents
[Ord. No. 445, passed 2-26-1990]
This chapter is established to enable one- and two-family and apartment units of historic significance to conduct bed and breakfast operations as defined in the City Zoning Code. This chapter is enacted on the basis of the public policy that supports the City as a tourist destination for persons interested in the architectural and historical significance of the City's one- and two-family and apartment structures. This chapter also focuses on the need to provide an incentive for owners to continue occupancy and maintenance of historic structures. This chapter emphasizes protection to neighborhoods with the provision of standards that prohibit nuisances and detrimental change in the character of any site proposed for a bed and breakfast operation.
[Ord. No. 445, passed 2-26-1990; Ord. No. 707, passed 8-14-2006]
(a) 
The structure to be used as a bed and breakfast establishment shall be of historic significance. It is the applicant's responsibility to show proof of historic significance to the Planning Commission.
(b) 
No premises shall be utilized for a bed and breakfast operation unless there are at least two exits to the outdoors from such premises. Rooms utilized for sleeping shall have a minimum size of 100 square feet for two occupants, with an additional 30 square feet for each additional occupant, to a maximum of four occupants per room. Each sleeping room used for the bed and breakfast operation shall have a separate smoke detector alarm, as required in the City Fire Prevention Code. Lavatories and bathing facilities shall be available to all persons using any bed and breakfast operation.
(c) 
Two off-street parking spaces, plus one additional off-street parking space per room to be rented, must be provided.
(d) 
No building or structure shall be removed in order to allow for a bed and breakfast use, nor shall such a building or structure be removed in order to provide parking for such a use.
(e) 
All parking spaces shall be paved to City standards with materials which maintain the historical character of the neighborhood in accordance with Chapter 1296 of the Zoning Code.
(f) 
If the applicant is unable to meet the criteria of subsections (c), (d) or (e) hereof, the applicant may request special consideration from the Planning Commission through a site plan review process. The City's intent is not to encourage yards to be destroyed, landscaping to be removed or the integrity of the neighborhood to be altered in order to provide parking.
(g) 
Identifying signs are permitted. One nonilluminated sign or illuminated sign, not to exceed 10 square feet in area, shall be permitted. Signs permitted shall identify only the name of the building, shall be located 25 feet back from the front of the property line and/or attached flat on the face of the building and shall be erected in such a manner that the source of light shall not be visible from the street or adjoining premises.
(h) 
The dwelling unit in which the bed and breakfast takes place shall be the principal residence of the real property owner or inn-keeper, and said real property owner or inn-keeper shall live on the premises when the bed and breakfast operation is active.
(i) 
The structure shall remain a residential structure.
(j) 
Meals shall be served only to persons renting a sleeping room or rooms and their guests, this number combined not to exceed the occupancy load as established in the Fire Prevention Code regarding usable floor area.
(k) 
Each operator shall keep a list of the names of all persons staying at the bed and breakfast operation. Such list shall be available for inspection by City officials at any time.
(l) 
The maximum continuous stay for any occupants of bed and breakfast operations shall be 21 days.
(m) 
The bed and breakfast sleeping room(s) shall occupy no more than a total of 25% of the dwelling unit floor area.
(n) 
Bed and breakfast establishments existing at the time of the adoption of this chapter must become licensed forthwith.
(o) 
The maximum number of occupants permitted must be posted in a visible location in the establishment.
(p) 
Each licensee shall maintain a minimum of $300,000 liability insurance. A certificate of insurance shall be presented by license applicants at the time of application.
[Ord. No. 445, passed 2-26-1990; Ord. No. 700, passed 1-23-2006]
It shall be unlawful for any person to operate a bed and breakfast operation, as defined and as permitted by the Zoning Code, without first having obtained a license therefor. The fee for the issuance of a license required under this chapter shall be collected by the office of the City Clerk. The fee for the issuance of the license shall be $50 annually; this fee may be changed hereafter by Council resolution. An annual license fee of $50 shall be paid at the office of the City Clerk, who shall issue the license in January of each year.
[Ord. No. 445, passed 2-26-1990]
Applicants for a license to operate a bed and breakfast establishment shall submit a site plan of the dwelling unit illustrating that the proposed operation will comply with the City Zoning Code, as amended, other applicable City codes and ordinances, and the terms of this chapter.
[Ord. No. 445, passed 2-26-1990]
The floor plan for the bed and breakfast operation shall be reviewed by the City Building Inspector for compliance with all applicable City, State and Federal building, mechanical, electrical, plumbing, property maintenance and fire codes, ordinances and regulations. If the City Building Inspector finds that an applicant cannot meet a particular requirement of such codes, ordinances or regulations, then the City Building Inspector shall have the authority to deny the applicant a license. Such denial may be appealed to the City Building Code Board of Appeals, which may then hold a hearing on the case and either affirm or reverse the decision of the City Building Inspector. If the City Building Code Board of Appeals reverses the decision of the City Building Inspector, the application shall then be forwarded to the City Planning Commission.
[Ord. No. 445, passed 2-26-1990; Ord. No. 700, passed 1-23-2006]
After an application is duly filed with the City Clerk for a license under this section, and the Building Inspector or the City Building Code Board of Appeals has approved the issuance of the license, the Planning Commission shall determine whether a license shall be issued, based on the criteria contained in Section 808.02 and upon the public need to protect neighborhoods from detrimental change and to encourage the occupancy and maintenance of historic buildings and structures by one- and two-family apartment owners. In its determination, the Planning Commission shall consider the number of bed and breakfast operations required to provide for such public need, and the Planning Commission shall consider the effect upon residential neighborhoods and public convenience, concentration and location of existing license holders, and the necessity of the issuance of additional licenses.
[Ord. No. 445, passed 2-26-1990]
The City Building Commissioner shall have the authority to renew, refuse to renew, suspend or revoke a license for continued and repeated violations of the provisions of this chapter.
[Ord. No. 445, passed 2-26-1990]
A decision by the Planning Commission to deny a license, or a decision by the City Building Commissioner to refuse to renew, suspend or revoke a license granted hereunder, may be appealed to Council by filing a Notice of Appeal with Council within 30 days after such decision. Council shall, within 30 days after the application is filed, hold a public hearing to consider such appeal. Council, after an opportunity for the holder of such license to be heard, shall either affirm or reverse the decision of the Building Commissioner or the Planning Commission.
[Ord. No. 445, passed 2-26-1990]
Bed and breakfast operations shall not be permitted whenever the operation endangers, offends or interferes with the safety or rights of others so as to constitute a nuisance.
[Ord. No. 500, passed 12-12-1994]
The Building Commissioner or his or her designated representative, and/or the Zoning Administrator or his or her designated representative, and/or the Director of Police and Fire Services and his or her designated representative, are hereby designated as the authorized City officials to issue Municipal civil infraction citations (directing alleged violators to appear in court) or Municipal civil infraction violation notices (directing alleged violators to appear at the City of Coldwater Municipal Ordinance Violations Bureau) as provided in Chapter 211 of the Administration Code.
[Ord. No. 500, passed 12-12-1994]
A person who violates any provision of this chapter is responsible for a Municipal civil infraction and shall be subject to the payment of a civil fine of not less than $50, plus costs and other sanctions, for each infraction. A second offense, within a period of 90 days, shall be subject to a civil fine of not less than $75, plus costs and other sanctions, for each infraction. Third and subsequent offenses, within 90 days, shall be subject to a civil fine of $100, plus costs and other sanctions, for each infraction.