§ 85-257. Bed-and-breakfast establishments.

A. 

Purpose and intent. The Town Board recognizes that tourism is an important factor in promoting the economic welfare of the Town of Brookhaven and that it is in the best interests of the Town to ensure the continued growth of tourism trade. The Town 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 Town's existing stock of single-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 section, to permit the establishment of quality bed-and-breakfast accommodations throughout the Town subject to standards and thresholds calculated to achieve these purposes.

B. 

Bed-and-breakfast establishments, as defined in this chapter, shall be permitted in all single-family residence districts, except for residences located on a subdivision map filed after December 31, 1954, by special permit from the Zoning Board of Appeals subject to the following conditions and criteria:

(1) 

A bed-and-breakfast may be established only in an owner-occupied single-family dwelling the sole use of which is as said owner's primary residence.

(2) 

Only one such bed-and-breakfast shall be permitted per lot.

(3) 

A bed-and-breakfast shall not be permitted within any dwelling having an accessory apartment.

(4) 

Any dwelling containing a bed-and-breakfast establishment shall only have one kitchen.

(5) 

The maximum number of bedrooms which may be designated as guest rooms shall be all existing bedrooms except for one.

(6) 

Two off-street parking spaces shall be required for the resident-owner and one parking space for each designated guest room(s).

(7) 

Exterior appearance. The exterior appearance of a bed-and-breakfast residence, including its overall site, shall be maintained in appearance and character as a single-family dwelling; separate guest entrances are prohibited.

(8) 

A single sign no larger than six square feet in size, identifying the use, shall be permitted and may be illuminated so long as its illumination is fully contained within the premises.

(9) 

Cooking prohibited. No cooking facilities of any kind may be located in any of the guest rooms and no cooking shall be permitted in said guest room(s).

C. 

Duration of stay for bed-and-breakfast guests. Any guest(s) for compensation may be accommodated for a maximum of 14 consecutive nights.

D. 

Registration of bed-and-breakfast guests. The owner of a bed-and-breakfast shall maintain a registry of all guests. The records or dated receipts of such registration shall be preserved and available for review during the term of the permit or upon application for renewal thereof.

E. 

Renewal of bed-and-breakfast special permit. A special permit for a bed-and-breakfast use shall be renewed at least every five years; said special permit(s) shall not be assignable or transferable; upon transfer of any premises subject to such special permit, any successor resident-owner shall make a new application to the Zoning Board of Appeals in order to continue or reestablish the use as a bed-and-breakfast.

F. 

Inspections of bed-and-breakfast premises. The premises in which a bed-and-breakfast use has been established shall be subject to inspection without prior notice by the Building Inspector, who shall make at least annual inspections of such permitted uses.

G. 

Penalties for violations of bed-and-breakfast regulations. Upon a determination, pursuant to an inspection authorized by Subsection E that the owner-operator of a bed-and-breakfast establishment is in violation of any of the provisions of this § 85-257 or of any conditions of the special permit, the Zoning Board of Appeals may revoke said special permit after a public hearing, on notice to the resident-owner. Alternatively, the Board of Appeals may continue the special permit, with such added conditions as it deems appropriate, on a probationary basis, for a maximum period of three years; the Board may revoke such probationary special permit without further notice to the owner upon proof of a subsequent violation under this chapter or of the conditions of the special permit during the term of the probationary period.