New Baltimore City Council approves bed and breakfast ordinance – The Voice

New rules for bed and breakfast establishments in the city of New Baltimore are officially on the books.

City council members at their Oct. 24 meeting unanimously approved the adoption of an ordinance allowing for bed and breakfast establishments and outlining related requirements.

The ordinance states bed and breakfast facilities are allowed in the central business, business transitional and waterfront residential districts subject to special land use approval and several requirements.

The definition of bed and breakfast has been changed in city ordinance to “a use within a detached single-family dwelling in which transient guests are provided a sleeping room, breakfast and access to bathing and lavatory facilities in return for payment.”

Bed and breakfasts already operating in the city include The Pink House Tea Room & Bnb on Front Street and The Black Walnut Inn on Main Street.

Prior to the city council’s vote on the ordinance, two citizens spoke on the agenda item.

Resident Robert Garvin, who lives on Ashley Street south of The Black Walnut Inn, voiced opposition to allowing the establishments in the community and expressed concerns about their potential impacts on surrounding properties.

“All the water that’s coming from that house is now going to come down on our neighbors that are around us and it’s going to cause issues,” he said.

“We’ve put the cart before the horse, and we’ve turned around and we’ve slam dunked a commercial entity down in the middle of residential,” he added. “This council, this city, has turned residents against residents. … My bottom line is I got a basement that might flood because of everything that’s going in.”

Resident Jim Lung, who lives on Marquardt Court, also south of The Black Walnut Inn, recommended the council clarify the portion of the ordinance requiring bed and breakfast operations to be the operator’s principal residence.

City Attorney Tim Tomlinson said the city typically looks to the assessor’s department to see if a principal residence exemption certificate is on file. Ultimately, council members agreed to add a sentence to the ordinance stating, “It shall be the presumption that it is the principal residence of the owner if a personal residence exemption is on file with the city.”

“I think I personally would like to see it in here,” Lung said. “If we could write it that way, that would make me feel better because depending on what happens with it in the future — I don’t plan on leaving, but I just want to make sure that I’m protected going forward.”

The ordinance lists the following minimum requirements for bed and breakfast establishments:

• The single-family dwelling used as a bed and breakfast must have some aspect of architectural or historical significance as determined by the planning commission.

• The rooms utilized shall be part of an existing residential dwelling structure and do not involve alternation or construction not customarily found in single-family dwellings.

• The bed and breakfast operation shall be the operator’s principal residence, and the operator shall reside on the premises. It shall be the presumption that it is the principal residence of the owner if a personal residence exemption is on file with the city.

• The maximum stay for any bed and breakfast guest shall be 14 consecutive days.

• The bed and breakfast sleeping room(s) shall occupy no more than 50% of the dwelling unit floor area.

• Rooms utilized for sleeping purposes shall have a minimum size of 100 square feet.

• Lavatories and bathing facilities shall be available to all guests.

• No guest room shall be located in a basement or cellar.

• Meals shall be served only to residents and overnight guests.

• No receptions, private parties or activities for which a fee is paid shall be permitted on the premises except those involving registered guests.

• A parking area to accommodate two spaces for the owner-operator and one space for each sleeping room is required. Such parking shall not be located in the required front yard or on grass.

• One non-illuminated sign is permitted, not to exceed 10 square feet in area. The placement and design shall not detract from the scenic environment or contribute to general traffic hazards.

• All refuse containers shall be enclosed within a privacy fence or other suitable enclosures. Refuse containers shall not be located in the front yard.

• The bed and breakfast must be compliant with all fire and building codes.

The motion to adopt the ordinance was made by Mayor Pro-Tem David Duffy, supported by council member Flo Hayman and unanimously approved by the city council.