Section 21-705.1

which requires a minimum lot size of one acre (43,560 square feet)

No amplified music shall be allowed.

The bed and breakfast establishment shall comply with all applicable requirements of the Americans with Disabilities Act, if applicable, and shall make reasonable accommodations for guests with disabilities.

It shall be a violation of this section to advertise for rent to visitors any bedroom exceeding the number of bedrooms authorized herein or which are determined by the zoning administrator to be legally nonconforming.

The application for a special exception shall include: a floor plan showing the location of each bedroom to be rented, including its dimensions and floor area, the location of exits and the location of smoke detectors; and a minor site plan in accordance with Article VII, Site Plans, showing the location of the parking to be provided, the location of proposed screening and landscaping, and lot coverage of the driveways and parking areas.

The use of a bed and breakfast establishment for weddings, receptions and special events shall be subject to the applicable provisions of the Uniform Statewide Building Code, the Fire Prevention Code (Chapter 8, Fire Protection, Williamsburg Code), Virginia Department of Health requirements, and all other applicable laws and regulations.

The bed and breakfast establishment shall maintain a current business license and comply with all applicable state and local tax requirements.

A special exception approved by the board of zoning appeals, or a special use permit approved by the city council, shall expire 180 days from the date of the approval unless the applicant has obtained a certificate of occupancy and a business license for the bed and breakfast establishment.

When food service is proposed as a part of the proposed weddings, receptions and other special events, approval must be obtained from the Virginia Department of Health.

only if the bed and breakfast establishment and its front door faces the major street.

The bed and breakfast establishment shall maintain liability insurance in an amount acceptable to the city attorney and shall provide proof of such insurance to the zoning administrator upon request.

Bed and breakfast establishments shall be permitted only on lots contiguous to the major streets or portions thereof listed below, and only if the bed and breakfast establishment and its front door faces the major street.

The number of bed and breakfast establishments is limited to a percentage of the single-family detached dwellings in the city existing on each street or portion of street listed below, as of February 8, 1996, that meet the above listed requirements, as follows: 45 percent for the portion of Richmond Road between Brooks Street and Virginia Avenue; 45 percent for all of Jamestown Road; and ten percent for all other streets or portions of streets listed below.

The bed and breakfast establishment shall not have more than one non-resident employee at any time, regardless of the number of bedrooms rented or the type of approval (special exception or special use permit) obtained.

The bed and breakfast establishment shall not have more than one full-time live-in manager at any time, and such manager shall reside on the premises as their primary residence.

A special exception approved by the board of zoning appeals, or a special use permit approved by the city council, shall remain valid only as long as there are at least 100 bedroom rental nights each calendar year.

The bed and breakfast establishment shall not operate in a manner that creates a nuisance, including but not limited to excessive noise, traffic, or lighting, as determined by the zoning administrator.

The special exception or special use permit shall be personal to the applicant and shall not run with the land. Upon the sale, transfer, or conveyance of the bed and breakfast establishment or the lot upon which it is located, the special exception or special use permit shall become null and void, and a new application shall be required.

The board of zoning appeals shall not make a final decision on a proposal for a bed and breakfast establishment until it has received a recommendation from the planning commission's site plan review committee on the minor site plan.

The owner-occupant or the full-time live-in manager of the detached dwelling renting bedrooms to visitors shall keep records of all bedrooms rented, which shall be submitted to the zoning administrator for the previous quarter on April 20, July 20, October 20 and January 20 of each year, and at any other time upon the request of the zoning administrator.

The special exception or special use permit shall be reviewed by the board of zoning appeals or city council, as applicable, at least once every five years from the date of issuance to ensure continued compliance with all requirements of this section.

Vehicular access shall be permitted only from the streets listed above, or from a side street intersecting with a listed street. When necessary to preserve the character of the surrounding neighborhood and streetscape, the board may prohibit vehicular access from a side street intersecting with a listed street.

Parking spaces and driveways for a bed and breakfast establishment shall not occupy more than 30 percent of a front or rear yard area

nor more than ten percent of the total lot area for lots having a lot area of more than 20,000 square feet.

shall not occupy more than 15 percent of the total lot area for lots having a lot area of 20,000 square feet or less

As part of a request for a special use permit for the rental of more than four bedrooms [which requires a minimum lot size of one acre (43,560 square feet)], city council may allow parking spaces and driveways to occupy up to 15 percent of the total lot area.

The board of zoning appeals, when ruling on the special exception, and the city council when ruling on the special use permit, shall consider the location of the off-street parking and its impact on adjoining residences and the adjacent street(s). When necessary to preserve the character of the surrounding neighborhood and streetscape, the board or the council may prohibit the location of off-street parking in front yards and/or the street side yards for corner lots.

Parking spaces and driveways shall be constructed of gravel, compacted stone, concrete, asphalt, brick or paving stones.

Parking shall be allowed only in driveways or parking spaces meeting these requirements, and shall be prohibited elsewhere on the lot.

Two off-street parking spaces for the bed and breakfast establishment, plus one off-street parking space for each bedroom rented to visitors shall be provided (as required by Article V, Parking).

Parking shall be screened from adjoining residences and adjacent streets(s) by an element of the building, fence, wall or landscape buffer, and shall be approved by the board of zoning appeals when ruling on the special use permit, or by city council when ruling on the special use permit.

The bed and breakfast establishment shall post a sign at the entrance of the property indicating that it is a licensed bed and breakfast establishment and providing contact information for the zoning administrator in the event of complaints.

The bed and breakfast establishment shall not be used for any purpose other than as a bed and breakfast establishment as defined in this section, and shall not be used for any commercial activity other than the rental of bedrooms and the provision of meals to guests as expressly permitted herein.