Bed-and-Breakfast Overlay District

[Amended 10-14-2003 by Ch. No. 1468; 8-21-2017 by Ch. No. 1897]

• A. Purpose. The purpose of this section is to create, subject to the guidelines listed herein, the alternative of short-term overnight accommodations in a residential setting for travelers and visitors to Westerly. It is recognized that bed-and-breakfast accommodations provide a valuable economic service to the Town in support of the tourism industry and help to preserve larger historic homes in the community by providing an opportunity to the owner for income to support continued use of the structure and maintenance of the property. These regulations are intended to ensure that tourist and guesthouse establishments in the Town are operated and maintained with as little impact as possible, to maintain and preserve the residential character, integrity, and property values of surrounding areas within which these facilities are located and maintained.
• B. Definitions. As used in this section, the following terms shall have the meanings indicated:

  BED-AND-BREAKFAST — A single-family structure including related habitable accessory structures (i.e., guesthouses) in which the principal use is permanent residential quarters and, as an accessory use, without separate kitchen facilities are made available for transient occupancy for not more than seven consecutive days for compensation, and requiring owner-occupancy for management purposes.

  BED-AND-BREAKFAST INN — A residential structure used for transient occupancy for not more than seven consecutive days for compensation. Exterior appearance of such structures shall be maintained in a manner that is in keeping with the residential character of the neighborhood in which it resides. Occupancy is provided in individual bedrooms without separate kitchen facilities and is operated under the management of an owner-occupant or a single, full-time resident manager.

• C. Location. Bed-and-breakfasts and bed-and-breakfast inns shall be limited to properties with frontage on the following roads:
  • (1) Route 1 in its entirety.
  • (2) Route 1A from its intersection with Shore Road and Watch Hill Road to its intersection with Langworthy Road.
  • (3) Grove Avenue from its intersection with Granite Street to High Street.
  • (4) High Street from its intersection with Grove Avenue to Canal Street.
  • (5) Main Street from its intersection with Broad Street to the intersection of Beach Street and Margin Street.
  • (6) Margin Street from its intersection with Main Street to Clark Street.
  • (7) Elm Street from its intersection with Broad Street to the intersection of Beach Street.
  • (8) Beach Street from Main Street to its intersection with Sosoa Lane (formally Thompsons Corner Road).
• D. Specific requirements.
  • (1) Bed-and-breakfast. The following standards and requirements shall apply to bed-and-breakfast uses:
    • (a) Use. No bed-and-breakfast shall be permitted without a special use permit from the Zoning Board of Review as provided for in the provisions of § 260-34 hereof.
    • (b) Dimensional requirements. Any bed-and-breakfast for consideration under this section must be located and operated on a lot that is determined to be dimensionally conforming to the minimum dimensional requirements for the zoning district in which the property resides. This requirement shall not apply to the dimensional conformity of existing structures themselves.
    • (c) Owner occupancy/management. The property shall be the principal residence of, and be occupied and managed by, the owner during all periods of operation as a bed-and-breakfast.
    • (d) Number of bedrooms. The number of bedrooms associated with a bed-and-breakfast use for rent or occupancy shall be determined by the number of building-code-compliant bedrooms existing or proposed within the subject structure, as confirmed by the Building Official and Fire Department. The Zoning Board shall ensure that the proposed occupancy of the establishment can be effectively and efficiently accommodated by the configuration of the structure and the physical layout of property. The Zoning Board may limit the number of bedrooms based on the ability of the structure and property to accommodate occupancy effectively.
    • (e) Total occupancy. Unless otherwise approved by the Zoning Board as part of the special use permit, the total occupancy of a bed-and-breakfast use shall be based on double occupancy of the approved number of bedrooms to be used for transient purposes. The Zoning Board shall ensure that the proposed occupancy of the establishment can be effectively and efficiently accommodated by the configuration of the structure and the physical layout of the property.
    • (f) Parking. There shall be two parking spaces provided for the resident(s)/owner(s) use and one additional parking space for each guest room. All parking shall be located on the parcel in which the bed-and-breakfast resides and shall be designed in a manner that provides the least impact on neighboring properties. In addition to the general requirements and standards set forth in § 260-77 (Off-street parking regulations), parking areas shall also adhere to the following:
      • [1] A solid wall or opaque fence not less than five feet nor more than seven feet in height or a compact evergreen screen not less than five feet in height shall be erected and maintained between a parking area(s) and an adjacent residential property.
      • [2] Any light used to illuminate the parking area shall be arranged to reflect the light away from adjoining property in a residential district and away from adjacent streets.
    • (g) Kitchen facilities and meals.
      • [1] No kitchen or cooking facilities shall be allowed in guestrooms.
      • [2] Meals (including breakfast, lunch, or dinner), provided for and associated with guest accommodations and associated events, are permitted provided said service is in conformity with state statutes and Rhode Island Department of Health regulations.
      • [3] The display and/or sale of merchandise or other commodities to guests relating to locally produced gift items, souvenirs, or other items identifying the bed-and-breakfast establishment is permitted; however, these items shall not be offered for sale to the general public.
    • (h) Events. Subordinate events specifically associated with bed-and-breakfast operations that are accessory to guest stays may be permitted and may include attendance by nonpatron guests.
      • [1] The total number of guests allowed for these events shall be no more than twice or double the total guest capacity of the establishment.
      • [2] Parking. Notwithstanding part D.1(f) referenced above, in addition to parking associated with occupancy requirements, the property must accommodate on-site parking for guests in an amount of one space for every two nonpatron guest attendees for each event.
      • [3] Entertainment. Entertainment with or without amplified music within any structure or outdoors shall be subject to the noise restrictions set forth in Chapter 171 of the Town Code.

        Editor's Note: See Ch. 171, Noise.

    • (i) Signs. Any other section of these ordinances notwithstanding, a bed-and-breakfast establishment shall be allowed a sign no larger than four square feet, and it shall only contain the name of the proprietor or the name of the residence. The sign shall be nonilluminated and unanimated with the exception of spotlighting.
    • (j) Exterior alterations prohibited. No exterior additions or alterations shall be made for the express purpose of maintaining or adding to a bed-and-breakfast, other than those required to meet health, safety, and sanitation requirements. Minimal outward modification of the structure or grounds may be made if such changes are compatible with the character of the neighborhood and approved as part of the special use permit.
  • (2) Bed-and-breakfast inn. The following standards and requirements shall apply to bed-and-breakfast inn uses:
    • (a) Use. No bed-and-breakfast inn shall be permitted without receiving development plan review approval from the Planning Board prior to obtaining approval for a special use permit from the Zoning Board of Review, as provided for in the provisions of §§ 260-34 and 260-45 hereof. In addition, an applicant may not apply for, and be issued, a dimensional variance from the standards outlined in this section in conjunction with the required special use permit.
    • (b) Dimensional requirements.
      • [1] Any bed-and-breakfast inn for consideration under this section must be located on a parcel of land that is equal to or greater than one acre in size.
      • [2] Bed-and-breakfast inns shall only be located and/or operated on dimensionally conforming lots for the zoning district in which it resides as defined in §§ 260-19 and 260-20 hereof. This requirement shall not apply to the dimensional conformity of existing structures.
      • [3] Adjacent properties within a bed-and-breakfast overlay district may be considered as a single, integrated bed-and-breakfast inn, provided each shall meet the minimum dimensional requirements of the Zoning Ordinance.
    • (c) Owner occupancy/management. The property shall be the principal residence of, and be occupied and managed by, the owner of the property or may operate under the management of a single, full-time resident manager, during all periods of operation as a bed-and-breakfast inn.
    • (d) Number of bedrooms. The number of bedrooms associated with a bed-and-breakfast inn use for rent or occupancy shall be determined by the number of building-code-compliant bedrooms existing or proposed within the subject structure, as confirmed by the Building Official and Fire Department. The Zoning Board shall ensure that the proposed occupancy can be effectively and efficiently accommodated by the configuration of the structure and the physical layout of property. The Zoning Board may limit the number of bedrooms based on its review of the ability of the structure and property to accommodate occupancy effectively.
    • (e) Total occupancy. Unless otherwise approved by the Zoning Board as part of the special use permit, the total occupancy of a bed-and-breakfast inn use shall be based on double occupancy of the approved number of bedrooms to be used for transient purposes. The Zoning Board shall ensure that the proposed occupancy of the establishment can be effectively and efficiently accommodated by the configuration of the structure and the physical layout of the property.
    • (f) Parking. There shall, be two parking spaces provided for resident(s)/owner(s)' use and one parking space for each guest room. All parking shall be located on the parcel in which the bed-and-breakfast inn resides and designed in a manner that provides the least impact on neighboring properties. In addition to the general requirements and standards set forth in § 260-77 (Off-street parking regulations), parking areas shall also adhere to the following:
      • [1] A solid wall or opaque fence not less than five feet nor more than seven feet in height or a compact evergreen screen not less than five feet in height shall be erected and maintained between such area and an adjacent residential property.
      • [2] Any light used to illuminate the parking area shall be arranged to reflect the light away from adjoining property in a residential district and away from adjacent streets.
    • (g) Kitchen facilities and meals.
      • [1] No kitchen or cooking facilities shall be allowed in guestrooms.
      • [2] Meals (including breakfast, lunch, or dinner), provided for and associated with guest accommodations and associated events, are permitted provided said service is in conformity with state statutes and Department of Health regulations.
      • [3] The display and/or sale of merchandise or other commodities to guests relating to locally produced gift items, souvenirs, or other items identifying the bed-and-breakfast inn establishment is permitted; however, these items shall not be offered for sale to the general public.
    • (h) Signs. Any other section of these ordinances notwithstanding, a bed-and-breakfast inn establishment shall be allowed a sign no larger than four square feet, and it shall only contain the name of the proprietor or the name of the residence. The sign shall be nonilluminated and unanimated with the exception of spotlighting.
    • (i) Exterior alterations prohibited. No exterior additions or alterations shall be made for the express purpose of maintaining or adding to a bed-and-breakfast inn, other than those required to meet health, safety, and sanitation requirements. Minimal outward modification of the structure or grounds may be made if such changes are compatible with the character of the neighborhood and approved as part of the special use permit.
    • (j) Events.
      • [1] Subordinate events specifically associated with bed-and-breakfast inn operations that are accessory to guest stays may be permitted and may include attendance by nonpatron guests.
        • [a] The total number of guests allowed for these events shall be no more than twice or double the total guest capacity of the establishment.
        • [b] Parking. Notwithstanding Subsection D(2)(f) referenced above, in addition to parking associated with occupancy requirements, the property must accommodate on-site parking for guests in an amount of one space for every two nonpatron guest attendees for each event.
        • [c] Entertainment. Entertainment with or without amplified music within any structure or outdoors shall be subject to the noise restrictions set forth in Chapter 171 of the Town Code.

          Editor's Note: See Ch. 171, Noise.

      • [2] Special events (such as weddings, cultural or charitable events, garden parties, dinners, or conferences) otherwise not specifically associated with guest stays and not incidental and subordinate to the provision of overnight accommodations may also be permitted in consideration of a special use permit for bed-and-breakfast inns subject to the following:
        • [a] The Zoning Board must take into consideration such events when rendering a decision on the required special use permit for the bed-and-breakfast inn use and specifically make a finding(s) that such events are appropriate at the subject property and the neighborhood in which it resides.
        • [b] The applicant shall delineate the configuration of the interior and/or exterior area to be used on the property for event purposes and guest congregation. This delineated area shall be used as the basis for the maximum number of guests allowed which may be determined by the Fire Department in compliance with the State Fire Code. If the State Fire Code does not apply, the Zoning Board shall determine the total number of guests allowed based on the design and layout of the site to accommodate such use, and any other information pertinent to the request. The maximum number of guests should be inclusive of the owner-occupants of the property, patrons, nonpatrons and any other person proposed to attend the event (e.g., caterers, serving staff, photographers/videographers, etc.).
        • [c] Notwithstanding Subsection D(2)(f) referenced above, in addition to parking associated with occupancy requirements, the property must accommodate on-site parking for guests in an amount of one space for every two nonpatron guest attendees for each event.
        • [d] Entertainment. Entertainment with or without amplified music within any structure or outdoors shall be subject to the noise restrictions set forth in Chapter 171 of the Town Code.

          Editor's Note: See Ch. 171, Noise.

        • [e] Each special event shall require a one-time-event license in accordance with Chapter 221 of the Town Code.

          Editor's Note: See Ch. 221, Special One-Time Events.

• E. Special use permit.
  • (1) No bed-and-breakfast or bed-and-breakfast inn shall be permitted without a special use permit from the Zoning Board of Review as provided for in the provisions of § 260-34 hereof.
    • (a) A bed-and-breakfast shall be considered a single-family dwelling and therefore not require development plan review. The Zoning Board of Review may, however, in its consideration of the application for a special use permit, request the Planning Board for an advisory opinion concerning the site plan and/or a determination of consistency with the Comprehensive Plan when necessary.
    • (b) A bed-and-breakfast inn shall be subject to the development plan review requirements of § 260-45 hereof, in addition to the requirement for a special use permit.
  • (2) In petitioning the Zoning Board for said special use permit, the applicant shall describe the request, including the existing use and proposed bed-and-breakfast use, which shall document the following:
    • (a) Statement describing the type of use, management type, total occupancy, any other relevant details associated with the proposed use, and a statement as to the conformity of the proposal with all applicable requirements of this section.
    • (b) A site plan showing existing and proposed exterior conditions (and all associated improvements with the proposed use), including existing and proposed signage, lighting, existing and proposed parking spaces and screening required to meet the parking requirements outlined within this section.
    • (c) A floor plan identifying existing and proposed interior conditions, including the number of existing and proposed bedrooms (delineating which are to be utilized by the owner-occupants and/or manager and patron use).
    • (d) Outline of any proposed or anticipated events, if any, including the location of all interior and/or exterior areas of congregation on site plan(s) or floor plan(s), estimated number/frequency and capacity/scale of such events, and confirmation from the Fire Department in regards to total occupancy associated with the same.
    • (e) A statement describing all exterior alterations, including additions, that may be made for the express purpose of maintaining or adding to a bed-and-breakfast.
    • (f) Evidence that the existing sewer connection or on-site wastewater system (OWTS) is adequate to accommodate proposed events.
  • (3) In consideration of a special use permit requested under this section, the Zoning Board shall:
    • (a) Determine the appropriateness of the use as proposed, including any proposed events, as well as the ability of the property to accommodate and support all patron and nonpatron guests. In doing so the Zoning Board shall determine if the subject establishment can effectively and efficiently accommodate the use based on the configuration of the structure and the physical layout of property (as it exists or has been designed) as it relates to physical access, site design, traffic, proximity and potential impact on adjacent residential properties or neighborhoods.
    • (b) The Zoning Board shall review the screening requirements for parking areas for each application and determine the suitability and/or applicability of this requirement in regards to existing screening to be maintained or where screening may be detrimental to traffic circulation or view corridors of adjacent residential properties. The Zoning Board may make modifications to these requirements when deemed appropriate.
    • (c) For instances where events are proposed, the Zoning Board shall verify that the requirements of this section have been met, the design and location of parking areas and areas of congregation are suitable, particularly as it relates to occupancy and/or total maximum guests allowed as determined by the Fire Department, and the impact of these events on the neighborhood in which it resides.