WHEREAS, The Planning Commission of the City of Eureka Springs, Arkansas, has made a comprehensive study and review of Title 14 of the Municipal Code, and
WHEREAS, In the opinion of the Planning Commission certain changes should be made to the municipal code,
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF EUREKA SPRINGS:
Section 1. ESMC 14.08.130 shall be amended to Bed and Breakfast- A dwelling or area containing one (1) or more structures, at least one (1) of which is occupied by an owner on-site, where, for compensation, lodging and breakfast are provided. Guests may not stay longer than 28 days and total units may not exceed five (5). For the purpose of this section, “on-site” shall be defined as adjoining (i.e. sharing a boundary) and shall not include properties separated by a city street, roadway, green space, or alley. Bed and Breakfasts must advertise as a Bed and Breakfast.
Section 2. ESMC 14.08.08 A. Conditional Use Permits (“CUP”) will add: Prior to any continuance of a CUP or a legal non-conforming (“LNC”) property, documentation shall be required from the City Advertising and Promotion Commission (“CAPC”) confirming the existing owners have a current permit and are up to date on tax payments.
Section 3. ESMC 14.08.08 G. Revocation of a Conditional Use Permit shall add the following language: All bookings, listings, and advertisements of a Conditional Use Permit must list the business license number in the description or title. The city may revoke a conditional use permit for violation of any condition of the permit including failure to list the business license number in the description or title and non-payment of CAPC taxes.
Section 4. ESMC 14.08.13 Definitions shall add: The Definition of “Unit” as it pertains to Tourist Lodging and Bed and Breakfasts shall be defined as one (1) bedroom which sleeps two (2) people.
Section 5. Bed and Breakfasts, with the exception of the existing LNC properties and CUP’s at the time of this ordinance, shall not be permitted in zones R-1, R-2, and R-3. Henceforth it shall be a misdemeanor to rent property as bed and breakfast within any Residential Zone within the City of Eureka Springs, punishable by a fine of up to Two Hundred and Fifty Dollars ($250.00) for each offense. Each twenty-four (24) hour period of any bed and breakfast rental shall be considered a separate offense
Section 6. Upon transfer of a LNC Bed and Breakfast or continuance of a CUP to new ownership, the owner(s) must reside on the property.
Section 7. Chapter 14, Zoning, Section 14.08.01 shall be amended to reflect the following:
District R-1: Victorian Residential.
C. 2. Conditional Uses - The following is a list of conditional uses in the R-3 Multiple-Family residential district. These uses require a Conditional Use Permit (CUP).
Bed and breakfast Boarding House
Building used for religious services Community Service Center
Daycare, small Dwelling, multiple-family
Education Healthcare Provider
Wedding Establishment
Home occupation involving access by the General Public
D. Legal non-conforming buildings
2. Bed and Breakfasts
6 Douglas 23 Hillside
7 Kingshighway 104 Wall Street
5 Ridgeway 11 Singleton
263 Spring Street 5 Summit
E. Existing Conditional Uses
2. Bed and Breakfasts
12 Echols 18 Nut
23 Hillside 5 Ojo St
23 Elk St 5 Summit
7 Armstrong 6 Douglas
60 Hillside 46 Hillside
28 Ridgeway 56 Hillside
8 Washington
Section 8. Chapter 14, Zoning Section 14.08.01 shall be amended to reflect the following:
District R-2: Contemporary residential.
C. 1. Conditional Uses - The following is a list of conditional uses in the R-3 Multiple-Family residential district. These uses require a Conditional Use Permit (CUP).
Bed and breakfast Boarding House
Building used for religious services Community Service Center
Daycare, small and large Dwelling, multiple-family
Education Healthcare Provider
Wedding Establishment
Home occupation involving access by the General Public
2. Existing Conditional Uses
Bed and Breakfasts
19 Thomas 36 Dawson
105 & 109 Breezy Point Circle
Section 9. Chapter 14, Zoning Section 14.08.01 shall be amended to reflect the following:
District R-3: Multiple-Family Residential.
C. Conditional Uses - The following is a list of conditional uses in the R-3 Multiple-Family residential district. These uses require a Conditional Use Permit (CUP).
Bed and breakfast Boarding House
Building used for religious services Daycare, small and large
Healthcare Provider Office, small
Restaurant, no drive through Retail, small
Wedding Establishment
Home occupation involving access by the General Public
Section 10. 14.08.050 shall be amended to reflect the following:
N. Existing conditional use permits for bed and breakfasts. Property status may be continued upon sale or transfer of ownership of property provided that the buyer follows the procedures for conditional use application, including appearing before the planning commission in a public hearing.
EXISTING CONDITIONAL USE PERMITS FOR BED AND BREAKFASTS
|
ADDRESS |
TYPE |
NUMBER OF UNITS |
ZONE |
|
12 ECHOLS |
CUP |
2 |
R-1 |
|
105 JORDAN DR |
CUP |
2 |
R-1 |
|
23 HILLSIDE |
CUP |
3 |
R-1 |
|
5 OJO ST |
CUP |
10 |
R-1 |
|
23 ELK ST |
CUP |
1 |
R-1 |
|
5 SUMMIT ST |
CUP |
3 |
R-1 |
|
7 ARMSTRONG |
CUP |
4 |
R-1 |
|
6 DOUGLAS |
CUP |
2 |
R-1 |
|
60 HILLSIDE AVE |
CUP |
5 |
R-1 |
|
46 HILLSIDE AVE |
CUP |
5 |
R-1 |
|
28 RIDGEWAY |
CUP |
5 |
R-1 |
|
56 HILLSIDE AVE |
CUP |
5 |
R-1 |
|
18 NUT |
CUP |
1 |
R-1 |
|
8 WASHINGTON |
CUP |
2 |
R-1 |
|
19 THOMAS |
CUP |
3 |
R-2 |
|
36 DAWSON |
CUP |
2 |
R-2 |
|
105 & 109 BREEZY POINT CIR. |
CUP |
5 |
R-2 |
Section 11. All ordinances or resolutions, and parts thereof, in conflict herewith are
hereby repealed to the extent of such conflict.
Section 12. Each of the provisions of this ordinance are severable and the decision of any
court having jurisdiction as to the validity of any provision shall not affect the remaining provisions.