[HISTORY: Adopted by the Town Board of the
Town of Caledonia 10-24-1988. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A private, owner-occupied residential dwelling that makes
available five or fewer sleeping units for overnight accommodations
to transient paying guests, with or without inclusion of one morning
meal per paying guest as part of the accommodations provided.
[Amended 9-14-2017 by L.L. No. 3-2017]
A commercial enterprise as part of a private residence which
provides short-term (no more than seven days), lodging and breakfast
to overnight guests for a fee. The structure may contain no more than
six sleeping units. Sleeping units shall have no provision for cooking.
A separate room in which a bed of any type, including folding
or convertible, is provided. Such rooms may or may not have a private
bathroom. A sleeping unit is primarily intended for temporary use
by tourists and transients.
A.
Written acknowledgment from the Zoning Enforcement
Officer that the construction of a building meets the requirements
of the New York State Uniform Fire Prevention and Building Code for
occupancy shall be required.
B.
Bed-and-breakfast
establishments and bed-and-breakfast inns shall be permitted as an
accessory use in the R-1 and R-R Districts, subject to the issuance
of a permit by the Zoning Enforcement Officer upon recommendation
by the Town Planning Board and the following conditions and limitations:
[Amended 8-11-1994 by L.L. No.
4-1994; 9-14-2017 by L.L. No.
3-2017]
(1)
An application for a bed-and-breakfast establishment shall be accompanied
by a fee as may be set from time to time by resolution of the Town
Board. The bed-and-breakfast establishment permit may be issued only
after determination from the Zoning Enforcement Officer that the proposed
use is in compliance with conditions and limitation set forth in this
chapter. A permit shall be valid for a period not to exceed two years
and may be revoked at any time by the Zoning Enforcement Officer upon
noncompliance with the conditions set forth in this chapter or in
the permit itself. A renewal permit will be issued every two years
by the Zoning Enforcement Officer with payment of fee. Failure to
renew the permit for a bed-and-breakfast establishment every two years
will revoke the permit for the bed-and-breakfast establishment.
(2)
Existing bed-and-breakfast establishments and inns shall apply for
a bed-and-breakfast establishment permit to conform with the conditions
set forth in this chapter and pay the required fee within six months
of the enactment of this chapter.
(3)
The applicant for a bed-and-breakfast establishment permit shall
submit to the Town Planning Board statements from the Fire Marshal
on the adequacy of the premises for the purposes of safety, fire protection
and structural soundness. Such statements shall include recommendations,
if any, for improvements or changes deemed advisable, which will be
considered by the Board in determining the merits of the application.
Each sleeping unit must have a smoke alarm system, and each sleeping
unit shall have two fire exits.
(4)
The applicant for a bed-and-breakfast establishment permit shall
submit to the Town Planning Board such plans of the structure and
layout of the residence as the Town deems necessary to assure that
the bed-and-breakfast complies with this chapter.
(5)
The applicant for the bed-and-breakfast establishment shall be the
owner of the premises and a full-time resident of the premises.
(6)
There shall be no change in the outside appearance of the building
or premises or other visible evidence of the conduct of a bed-and-breakfast
establishment other than one sign mounted on the property, not exceeding
eight square feet in area, nonilluminated and mounted on the property
or one freestanding sign in the yard no larger than 12 square feet.
No additional advertising of any kind is allowed on site. The Planning
Board shall have discretion regarding the location of the attached
sign.
(7)
Water supply, wastewater disposal and other sanitary facilities shall
be approved by the County Health Department.
(8)
It will be serviced adequately by essential public facilities, such
as highways, streets, police and fire protection, refuse disposal,
water and septic services, or the persons or agencies responsible
for the establishment shall be able to provide adequately any such
services.
(9)
It will be harmonious and in accordance with the general specific
objectives of the Caledonia Master Plan, if one exists.
(10)
A minimum of one off-street parking space for each sleeping unit
offered shall be provided. Parking areas shall be behind the required
building setback line. Parking areas having exits on any main road
shall be designed in such a way that vehicles enter the public right-of-way
in a forward motion.
