§ 21.45.255. Bed and breakfast with four guestrooms.

A bed and breakfast having three guestrooms shall be located only within the R-1/R-1A, R-2A/R-2D, R-2M, R-3, R-4, R-5/R-5A, R-6, R-7, R-8, R-9, R-10, R-11, R-O, B-1A, B-1B, B-2A, B-2B, B-2C, B-4 or T district. A bed and breakfast with four guestrooms shall conform to section 21.45.250 and shall require an administrative permit. The permit shall be issued in accordance with the following procedures:

A.

The applicant shall prepare a site plan which demonstrates, in the opinion of the director of community planning and development, that the bed and breakfast will not have a permanent and negative impact on those items listed in this subsection substantially greater than that anticipated from permitted residential development:

1.

Pedestrian and vehicular traffic circulation and safety.

2.

Demand for and availability of public services and facilities.

3.

Noise, air, water and other forms of environmental pollution.

4.

Furtherance of the goals and policies of the comprehensive development plan and conformance to the plan in the manner required by chapter 21.05.

B.

At least 30 days before the applicant operates a bed and breakfast under this section, the director of community planning and development shall publish notice of the application. The notice shall state the names of the applicants and the legal description of the land subject to the application. Such notice, including a map of the vicinity, shall also be provided to any officially recognized community council whose boundary encompasses the bed and breakfast site and to the owners of property within 500 feet of the proposed site. The director of community planning and development shall take action on the site plan within 40 days after the site plan application submission date.

C.

A decision to grant, deny or otherwise act upon an application submitted under this section shall be final unless appealed within 15 days to the planning and zoning commission. An appeal may be filed only by the applicant or by means of a petition signed by at least one-third of the owners of land (excluding rights-of-way) within 500 feet of the outer boundary of the site. In the event of an appeal, the planning and zoning commission shall hold a public hearing in accordance with section 21.15.005 to decide the terms and conditions of a permit in accordance with the standards of this section, if any is issued at all. The planning and zoning commission's decision may be appealed in accordance with section 21.30.010.B.

(AO No. 88-171(S-1), 12-31-88; AO No. 2009-134, § 1, 1-12-10)

Cross reference— Hotel-motel room tax, ch. 12.20.

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