[Ord. No. 1-1999, § 1600.0, 7-6-1999]
This division identifies standards specific to operation of
each class of a bed and breakfast permitted by this chapter.
[Ord. No. 1-1999, § 1601.0, 7-6-1999]
(a)
The City Planning Board shall review the following applications for a bed and breakfast establishment to determine compliance with all applicable standards of this chapter. The zoning districts in which a bed and breakfast establishment is permitted are as provided in article V of this chapter.
(1)
An application to establish a new class 1 bed and breakfast
on or after July 6,1999.
(2)
An application to establish a class 2 or class 3 bed and breakfast.
(3)
An application to change the class of a bed and breakfast operation.
(4)
An application submitted on or after July 6, 1999, to increase
the number of bedrooms in a bed and breakfast establishment.
(b)
A bed and breakfast which obtained its initial license prior
to July 6, 1999, and which does not conduct either small functions
or special functions or which does not increase the number of rental
rooms it operated as of July 6, 1999, shall be exempt from the standards
of this division.
[Ord. No. 1-1999, § 1602.0, 7-6-1999]
(b)
All classes of bed and breakfast establishments shall obtain
the appropriate class of an annual bed and breakfast license from
the City Council and shall provide evidence to the Planning Board
that any and all other required City, state and federal requirements
have been satisfied.
(c)
There shall be no substantial alterations to the exterior appearance
of the structure that would change its residential character. Alterations
such as fire escapes, stairways, ramps and similar improvements which
may be required to satisfy health and safety or handicap accessibility
improvements may be permitted, provided such improvements are consistent
with the architectural appearance of the structure.
[Ord. No. 1-1999, § 1603.0, 7-6-1999]
A class 1 bed and breakfast shall satisfy on-site parking requirements identified in article VIII, division 3 of this chapter, and shall have a minimum of one space for each rental accommodation and a minimum of two spaces for the proprietors. In the Residential I Urban and Residential II Districts, the location of on-site parking shall comply with requirements of section 98-242(b)(8). In all other zoning districts in which a bed and breakfast is permitted, parking shall be located to the side or rear of the structure unless there is no practical alternative.
[Ord. No. 1-1999, § 1604.0, 7-6-1999]
(a)
Parking.
(1)
A class 2 bed and breakfast shall satisfy on-site parking requirements identified in article VIII, division 3 of this chapter by providing a minimum of one space for each rental accommodation and a minimum of two spaces for the proprietors, but shall provide no more than five parking spaces in addition to this minimum requirement. In the Residential I Urban and Residential II Districts, the location of on-site parking shall comply with requirements of section 98-242(b)(8). In all other zoning districts in which a bed and breakfast is permitted, parking shall be located to the side or rear of the structure unless there is no practical alternative. The maximum amount of area devoted to driveway and parking shall not exceed 5,000 square feet or be more than twice the size of the footprint of all structures on the property, whichever is less.
(2)
All parking for a small function conducted by a class 2 bed
and breakfast shall occur on-site. No on-street or off-site parking
is permitted for a small function.
(b)
Conduct of small functions. A class 2 bed and breakfast may
host small functions. Small functions may involve the serving of food,
beverages and alcoholic beverages, provided the bed and breakfast
has obtained all required City, state and federal licenses. All small
functions shall occur between the hours of 7:00 a.m. and 10:00 p.m.
Outside entertainment and activities may occur, provided all permanent
and temporary structures used to host the activities satisfy the minimum
structure setback requirements identified in this chapter. Live music,
acoustic only, with no amplification, may occur between the hours
of 9:00 a.m. and 9:00 p.m. No outside lighting may be used at the
small function which would cause an adverse impact on any neighboring
property. No glare is permitted beyond the lot line.
(c)
Sanitary facilities for small functions. All sanitary facilities
for a small function shall be provided within the bed and breakfast
operation. A class 2 bed and breakfast which hosts small functions
which is not served by public sewer shall provide evidence to the
planning board that the on-site subsurface wastewater disposal system
has adequate capacity to allow it to host such functions.
(d)
Limit on number of small functions. There is not a specific
limit on the number of small functions which a class 2 bed and breakfast
may conduct in any given week, month or calendar year. The planning
board, however, shall have the right to establish reasonable limits
on the number of small functions which a specific class 2 bed and
breakfast may conduct. Issues which the planning board may consider
in establishing limits regarding the number of small functions shall
include but are not limited to the following:
(1)
The size of the property on which the bed and breakfast is located;
(2)
The size of the structure in which the bed and breakfast is
located;
(3)
The amount of setback from the structure in which the bed and
breakfast is located and abutting properties that are used as residences;
(4)
The quality of screening and buffering between the bed and breakfast
and abutting residential properties, including screening and buffering
that may be located on the abutting residential property, and how
such screening may mitigate potential impacts on abutting residential
properties;
(5)
The number of other bed and breakfast establishments located
within 500 feet (in all directions) of the property line of the class
2 bed and breakfast establishment;
(6)
The number of other nonresidential uses located within 500 feet
(in all directions) of the property line of the class 2 bed and breakfast
establishment; and
(7)
Other issues which the planning board may determine are appropriate
to the specific location proposed for the class 2 bed and breakfast.
[Ord. No. 1-1999, § 1605.0, 7-6-1999]
(a)
Parking.
(1)
A class 3 bed and breakfast shall satisfy on-site parking requirements identified in article VIII, division 3 of this chapter by providing a minimum of one space for each rental accommodation and a minimum of two spaces for the proprietors, but shall provide no more than five parking spaces in addition to this minimum requirement. In the Residential I Urban and Residential II Districts, the location of on-site parking shall comply with requirements of section 98-242(b)(8). In all other zoning districts in which a bed and breakfast is permitted, parking shall be located to the side or rear of the structure unless there is no practical alternative. The maximum amount of area devoted to driveway and parking shall not exceed 5,000 square feet or be more than twice the size of the footprint of all structures on the property, whichever is less.
(2)
All parking for a small function conducted by a class 3 bed
and breakfast shall occur on-site. No on-street or off-site parking
is permitted for a small function.
(3)
A class 3 bed and breakfast shall not be required to provide
on-site parking for guests at special functions in addition to the
parking for transient guests and the owners. All parking to accommodate
guests at a special function which exceeds the number of on-site parking
spaces identified on the approved bed and breakfast permit shall be
provided at an off-site location. The bed and breakfast shall arrange
a valet limousine service to transport guests from the approved off-site
parking location to the special function at the bed and breakfast.
The planning board must approve use of the off-site parking location
as part of its approval of the class 3 bed and breakfast permit, and
any change to the location of the approved off-site area shall be
subject to planning board review and approval. The off-site parking
location cannot be a public parking area unless specific approval
of the appropriate governmental body has been obtained. In addition,
no parking for a special function may occur on the street or at an
off-site location not approved by the planning board.
(b)
Conduct of functions. A class 3 bed and breakfast may host small
functions and special functions. Small functions and special functions
may involve the serving of food, beverages and alcoholic beverages,
provided the bed and breakfast has obtained all required City, state
and federal licenses. All small functions and special functions shall
occur between the hours of 7:00 a.m. and 10:00 p.m. Outside entertainment
and activities may occur, provided all permanent and temporary structures
used to host the activities satisfy the minimum structure setback
requirements identified in this chapter. Live music, acoustic only,
with no amplification, may occur between the hours of 9:00 a.m. and
9:00 p.m. In addition, no outside lighting may be used at the small
function which would cause an adverse impact on any neighboring property.
No glare is permitted beyond the lot line.
(c)
Sanitary facilities for functions. All sanitary facilities for
a small function or special function shall be provided within the
bed and breakfast operation. A class 3 bed and breakfast which hosts
small functions and special functions which is not served by public
sewer shall provide evidence to the planning board that the on-site
subsurface wastewater disposal system has adequate capacity to allow
it to host such functions.
(d)
Special functions. A class 3 bed and breakfast may conduct a
maximum of six special functions in a calendar year, and no more than
one of such special functions shall occur per month in July, August
and September. The bed and breakfast shall provide the code enforcement
officer a minimum of 30 days' advance written notice of any special
functions that will be held.
(e)
Small functions. There is not a specific limit on the number of small functions which a class 3 bed and breakfast may conduct in any given week, month or calendar year. The planning board, however, shall have the right to establish reasonable limits on the number of small functions which a specific class 3 bed and breakfast may conduct. Issues which the planning board may consider in establishing limits regarding the number of such small functions are identified in section 102-1065(d).
[Ord. No. 39-2002, 5-7-2002]
(a)
A bed and breakfast, all classes, may serve meals to transient
guests, and may serve a dinner meal to non-guests. A dinner meal is
a meal that occurs after 5:00 p.m. on a single day.
(b)
A bed and breakfast shall comply with the following standards
to serve meals to guests and a dinner meal to non-guests:
(1)
The bed and breakfast shall have all required state and federal
licenses to allow the serving of meals, and shall have a bed and breakfast
license issued by the Belfast City Council.
(2)
The bed and breakfast shall be connected to public sewer or
shall provide evidence to the Planning Board that the on-site subsurface
wastewater disposal system has adequate capacity to allow the serving
of meals.
(3)
There shall be no on-premise or off-premise signs for the bed
and breakfast that specifically advertises the availability of meals.
(c)
A bed and breakfast shall comply with the following additional
standards to serve a dinner meal to non-guests:
(1)
All dinner meals that are served to non-guests shall occur via
an advance reservation. A bed and breakfast is expressly prohibited
from serving meals to non-guests on a walk-up or non-reservation basis.
(2)
All parking for non-guests shall be provided on-site (the premises)
of the bed and breakfast.
(3)
The maximum number of dinner meals that can be served to non-guests
on a daily basis shall be controlled by the number of rooms for which
the bed and breakfast is licensed and the number of rooms let (rented)
to registered guests to stay at the bed and breakfast on that given
day. Each room for which a bed and breakfast is licensed shall be
considered the equivalent of two dinner meals. Thus, the maximum number
of meals to non-guests that can be served on a daily basis is the
number of licensed rooms, minus the number of rooms which are let
(rented) to registered guests.
(4)
The proprietor of the bed and breakfast shall retain records
of meals served to guests and non-guests for a period of two years.
Records shall consist of the date, number of registered guests, and
number of dinner meals served to both guests and non-guests. The proprietor
of the bed and breakfast shall submit an annual report of the above
records to the City at the time that the bed and breakfast requests
the City Council to renew a bed and breakfast license or victualers
license.
