At said public hearing, any persons interested shall be given the opportunity to be heard.

Transcription

1 PROPOSED BED & BREAKFAST ORDINANCE PUBLIC NOTICE NOTICE IS HEREBY GIVEN that pursuant to Section 20(5) of the Municipal Home Rule Law, a public hearing will be held by the Village Board of Trustees of the Village of Bellport at the Bellport Community Center located at 4 Bell St., Bellport, New York, on the 25th day of July, 2015, at 9:00 a.m., to consider enacting the following proposed Introductory Local Law: INTRODUCTORY LOCAL LAW # OF 2015 AMENDING CHAPTER 21 OF THE CODE OF THE VILLAGE OF BELLPORT ENTITLED, ZONING, BY ADDING SECTION Bed-and-Breakfast Establishments SUMMARY The proposed local law would amend Chapter 21 of the Code of the Village of Bellport Zoning, by adding a Section entitled Bed-and-Breakfast Establishments making Bedand-Breakfast Establishments a permitted use in Residential Zoning Districts by Special Use Permit and regulating same. The proposed amendment would allow for those desirous of operating a Bed-and-Breakfast Establishment in Residential Districts the ability to seek a Special Use Permit issued by the Village Board of Trustees. Further said amendment set forth the rules and criteria for said Special Use Permit. This is a summary of the proposed Local Law, a fully copy of which is on file in the Village Clerk s Office and is available for inspection during regular Village business hours. At said public hearing, any persons interested shall be given the opportunity to be heard. Dated: July 14, 2105 VILLAGE CLERK Bellport, New York INTRODUCTORY LOCAL LAW # OF 2015 AMENDING CHAPTER 21 OF THE CODE OF THE VILLAGE OF BELLPORT ENTITLED, ZONING, BY ADDING SECTION Bed-and- Breakfast Establishments Section 1. Legislative Intent. The proposed local law would amend Chapter 21 of the Code of the Village of Bellport Zoning, by adding a Section entitled Bed-and-Breakfast Establishments making Bed-and-Breakfast Establishments a permitted use in Residential Zoning Districts by Special Use Permit and regulating same.

2 Section 2. Text Amendment. The proposed local law would amend Chapter 21 of the Code of the Village of Bellport Zoning, by adding the underlined ( ) words and deleting the dashed out words ( ) as follows: Bed-and-Breakfast Establishment A. Purpose and Intent The Village Board recognizes that tourism is an important factor in promoting the economic welfare of the Incorporated Village of Bellport and that it is in the best interests of the Village to ensure the continued growth of tourism trade. The Village Board also recognizes that many tourists prefer lodging accommodations in residential settings, which often offer more personalized services than those provided in motels or hotels.in addition, the Board seeks to protect and preserve property values and promote the more efficient use of the Village s existing stock-of one-family dwellings, while providing some measure of economic relief to families of modest income who own and reside in such dwellings. Thus, it is this Board s determination that bed-and-breakfast establishments will help facilitate the achievement of these goals and objectives. Therefore, it is the specific intent and purpose of this Board, in enacting this local law, to permit the establishment of quality bed-and-breakfast accommodations throughout the Village subject to standards and thresholds calculated to achieve these purposes. B. Definitions BED-AND-BREAKFAST ESTABLISHMENT: an owner-occupied one-family dwelling or residence, and having, as an accessory use, guest bedroom(s), with breakfast provided, served in the host s private dining room, kitchen or other suitable dining area for those accommodated as paying guests, managed and operated by said owner/occupant. For purposes of bed-andbreakfast establishments, an owner shall be a natural person or persons only. GUEST BEDROOM: bedroom for rent to non-family paying guests. HOST-HOSTESS: owner and occupant of the bed-and-breakfast establishment. GUEST(S): person(s) who pay to stay overnight at the bed-and-breakfast establishment. PRIMARY RESIDENCE: Although no single factor shall be solely determinative, evidence which may be considered in making a determination that a dwelling is occupied as a primary residence shall include, without limitation, such factors as: address used on tax return; voter registration address; address on driver s license. OPERATED: A Bed and Breakfast is being presently operated when one of the following criteria are met: Inspection of the guest registry indicates occupancy of at least one paying guest in each of three months of a given year, proof of advertising or marketing strategies, taking reservations upon request. C. Applicability.

3 This Chapter, pursuant to the intent stated above, is applicable to Bed-and-breakfast establishments situated in Residential Districts of the Incorporated Village of Bellport only and shall have no force or effect in any other Zoning District. D. Criteria As provided by this Chapter, a special use permit from the Board of Trustees shall be granted only upon the finding of the following criteria and conditions: 1. The property and structure sought to be used shall be the primary residence of the owner. 2. No new bed-and-breakfast establishment shall be permitted for any residential dwelling which is located on the same street of an existing bed and breakfast unless the proposed establishment is a minimum of 500 linear ft. away from the property line(s) of the parcel containing said existing bed-and-breakfast establishment, or separated by a minimum of 5 lots, whichever is the greater distance. In cases where there is an existing bed-and-breakfast establishment located on a corner parcel, the 500 linear feet will be measured along all streets upon which the parcel maintains frontage. 3. A maximum of 4 guest bedrooms may be offered for paying guests. 4. Adequate off-street parking facilities shall be provided for the host/hostess and his/her family.in addition, at least one off street parking space shall be provided on site for each guest bedroom. The applicant shall clearly demonstrate that all such on- site parking is adequate with appropriate grade alignment and line of site distance. The applicant must also demonstrate that all such off-street, on -site parking is adequate in width, grade, alignment and visibility and that vehicular access to and from the property is adequate and safe. 5. The exterior appearance of a bed-and-breakfast establishment, including its overall site development, shall remain in appearance and character as that of a one-family dwelling. No separate entrances for the use of bed-and-breakfast guests shall be permitted. 6. The applicant shall demonstrate that all proposed exterior lighting or illumination shall be typical of that permitted in the residential zoning district where the bed-and-breakfast is located. 7. Only one sign shall be permitted, not to exceed three square feet in area and which shall be strictly limited to identification of the premises of the named bed-and-breakfast establishment. 8. No cooking facilities of any kind may be located in any of the bed-and-breakfast establishment s guest rooms. 9. No special use permit for a bed-and-breakfast shall be issued for any one-family dwelling having more than one kitchen, unless there exists on file with the Building Department a Certificate of Occupancy for a second kitchen prior to an application for Bed-and-Breakfast being submitted. Said applicant must clearly identify which kitchen will be used in connection with the Bed-and-Breakfast.

4 10. The property and structures thereon are not in violation of any other requirements set forth in the Village Code. E. Application Procedure 1. Application for a special use permit for a bed-and-breakfast shall be made to the Board of Trustees, submitted to the Village Clerk, in the form prescribed by the Board, together with an application fee of $ and a fee of $ for each guest bedroom offered for rent. 2. The Village Clerk shall forward the application, when deemed completed and the fee paid,to the Building Inspector. The Building Inspector shall, within 30 days of receipt of the application, make or cause to be made inspections to determine the condition of proposed bedand-breakfast establishment. The Building Inspector or their designated representative is authorized to enter, upon the consent of the owner, at any reasonable time during daylight hours or at such other time as may be necessary in an emergency, without consent of the owner, for the purpose of performing his duties under this article. Upon conclusion of the inspection, the Building Inspector or designeeshall reduce their observations to writing and forward said document to the Board of Trustees for consideration. 3. Special use permit applications for a bed-and-breakfast shall require a public hearing, notification of property owners within a 500 ft. radius of the property line(s) or within a distance of 5 lots from the property line(s) whichever is the greater distance, at least 10 days prior to such public hearing by certified mail, return receipt requested, and a posting of the property, for a period of 10 days prior to such hearing, containing a description of the permit requested. 4. The notification of adjacent property owners as set forth in Subsection 3 above shall be to those whose names appear on the last complete tax roll of the Village. The said applicant shall submit a sworn statement to the Board of Trustees, at the time of the hearing, that the owners have been so notified and that the property has been posted and shall submit to the Board of Trustees all certified mail receipts by then returned to the applicant. 5. At the public hearing, the Board of Trustees shall consider the criteria and conditions set forth in (D) and may table the matter pending receipt of additional information as requested by said Board. 6. The Board of Trustees shall render a decision within 30 days from the date on which the hearing is closed. All grants of a special use permit under this will be conditioned upon the following: a.the host shall maintain a guest register preserving all registration records for a minimum of 3 years, and shall make same available for review and inspection by authorized code enforcement officers or other duly authorized personnel in connection for an application for renewal of said permit. b. All guests shall be limited to a maximum stay of 7 consecutive nights.

5 c. Continued compliance with all other requirements otherwise set forth in the Village Code. d. Any and all amenities provided in connection with the guest bedrooms, (i.e., swimming pool, tennis court, patio room et al) shall be solely for the use of the host/hostess, his/her family, his/her personal guests and the appropriately registered guests. e. Compliance with any and all state and local health, fire, building, sanitation and maintenance codes applicable to the use of the premises as a bed and breakfast establishment as interpreted by the Village Fire Marshal and Building Inspector. f. An inspection of the premise, upon the owner s consent, in which a bed and breakfast use has been established by the Building Inspector and Fire Marshall, who each shall make at least annual inspections g. The Bed and Breakfast establishment must be operated a minimum of three months a year.these months of operation may be either consecutive or non-consecutive. h. A special use permit issued for the first time for a bed-and-breakfast on a particular site shall be issued for a period not to exceed one year. i. Any other conditions and restrictions the Board of Trustees deem reasonable and directly related to and incidental to the proposed special use permit for a bed and breakfast establishment. j. A special use permit issued pursuant to this Chapter is non-transferable. 7. Where the bed and breakfast establishment, as proposed, does not comply with one or more of the criteria set forth in (D), application may be made to the Zoning Board of Appeals for relief. F. Renewal of bed-and-breakfast special use permit 1. Special use permits for a bed-and-breakfast may be renewed by the person holding the permit, without amendment, for a period of up to three consecutive years, upon application to the Village Clerk and public hearing by the Board of Trustees. Upon receipt of a completed application for renewal and fee paid, the Board of Trustees shall schedule a public hearing with the notice requirements set forth in 217-E(3) and (4). The Board of Trustees may renew the special permit upon the finding of the following conditions: a. The completed application for renewal includes a signed and sworn statement that there are no existing or outstanding violations of any federal, state or county laws or rules or regulations or of any Incorporated Village of Bellport local laws or ordinances pertaining to the property. b. Confirmation from the appropriate department or agency that all conditions of the permit, including those set forth in E (6) have been met continuously during the term of the special permit.

6 c. In those cases where a special use permit for a bed-and-breakfast has been renewed a fee of $ must be paid for each year of the renewed term by December 31st of the preceding year. 1. Failure to pay the fee shall result in the revocation of the permit. G. Penalties for Violations 1. Penalties for violations of any criteria or conditions set forth in a special use permit will result in a fine not to exceed $ and/or imprisonment and/or immediate revocation of the special use permit. 2. A special use permit may be revoked by the Board of Trustees after a public hearing on notice to the property owner, and all neighboring property owners entitled to notice as set forth in E (3) & (4), based upon a violation of any requirements of this chapter or the conviction of a crime committed on the premises. 3. In the case of an imminent threat to public safety as determined by the Fire Marshal or the Building Inspector, the special use permit may be revoked immediately, with the property owner having the opportunity to be heard by the Village Board regarding the revocation at a meeting to be held no later than fourteen (14) business days from the date of the revocation of the special use permit, at which time the Board of Trustees shall determine whether to confirm the revocation or reinstate the permit with or without conditions. H. Severability If any clause, sentence, paragraph, section, Article, chapter or part of this local law or of any locallaw, ordinance or resolution included in this Code now or through supplementation shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, Article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 3. Severability. If any clause, sentence, paragraph, section, article, chapter or part of this local shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, article, chapter or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 4. This local law shall become effective immediately upon filing with the Secretary of State of the State of New York. Dated:, 2015 VILLAGE CLERK Bellport, New York