§ 40-9. Bed and breakfast facilities
(a) Purpose. It is the purpose of this section to provide standards for bed and breakfast facilities, and to ensure that the facility complies with the applicable health, fire, and LCRA standards. A permit request will be considered by the planning and zoning commission and city council. The procedures for a hearing concerning a bed and breakfast permit request must follow those procedures outlined in the Texas Local Government Code. Before this hearing, the applicant must present a plot of the property with all requirements for a bed and breakfast as outlined in this section.
(b) Standards. Bed and breakfasts shall comply with all standards of the zoning district it is in plus the following special standards:
(1) Breakfast for guests shall be the only meal served.
(2) No cooking shall be permitted within the rooms. Outside grills are permitted.
(3) No long-term rental of rooms past 14 days are permitted.
(4) All bed and breakfasts shall comply with the applicable local and state health, fire and LCRA codes. The facility shall be connected to the city water system
(5) No more than four bedrooms for guests will be allowed in R-1 and M-1 zones.
(6) Guestrooms must be in the residence of the operator or in accessory buildings on the same premises.
(7) A bed and breakfast may be operated only by a bona fide resident in or at his home. Such operator must be present (living in the home) while the bed and breakfast is in operation.
(8) See the sign ordinance regarding signs for bed and breakfast.
(9) Off-street parking. See section 40-16(a)(1)r.
(c) Application procedures for a conditional use permit. The application for a conditional use permit for a bed and breakfast shall be submitted on a form obtained at the city hall. It shall be signed by the owner of the property and shall have attached to it the current state department of water resources, private individual sewage disposal system license.
(1) Fee. A one time administrative fee of $25.00 is required. If a hearing is required, the fee will be $100.00.
(2) Inspections. The facility may be inspected, in order to ensure that it complies with applicable building, health and fire codes.
(3) Permit limitations.
a. Once a conditional use permit has been issued for a bed and breakfast, it shall not be transferred to another location or owner.
b. The conditional use permit shall be valid only for so long as the bed and breakfast complies with the requirements of this chapter.
c. The city may immediately revoke or suspend the permit or deny either the issuance or renewal thereof, if it is found that:
1. The applicant or permittee has violated or failed to meet any of the provisions of this chapter or conditions of the permit.
2. Any required licenses have been suspended, revoked or canceled upon denial, suspension, or revocation. The city shall notify the applicant or permittee in writing of the action taken and the reasons thereof. After giving notice by certified mail, if the bed and breakfast has not been removed within 30 days, the city may cause the closure of any bed and breakfast found in violation of this chapter.
(4) Appeals. Any person aggrieved by the decision of the city under this section, may appeal the notice of cancellation, denial or suspension.
a. Appeals shall be submitted to the chairman of the board of adjustment in writing within 15 days following the date of mailing of the notice of cancellation, denial, suspension or revocation to the applicant or permittee.
b. The board of adjustment shall hear the appeal at its next possible meeting and thereupon make a recommendation to the city council to uphold, reverse or modify the decision, based upon the requirements of this chapter.
c. Any further appeal shall be to the county district court.
(Ord. No. 409, § IX, 8-24-2004)