Sec. 38-1425. - Bed and breakfast homestays, bed and breakfast inns and country inns.
Bed and breakfast homestays, bed and breakfast inns and country inns may be allowed to operate in the unincorporated area of the county as permitted uses and/or as special exceptions in the zoning districts specified below, provided that they comply with the performance standards and conditions specified in this section. (Any structure designated as a local historic landmark by the Orange County Historical Museum, under present or any future criteria established by the county for such purpose, or as listed on the National Register of Historic Places, shall be given special consideration to operate as a bed and breakfast homestay or inn as a permitted use and/or a special exception.) In addition, no bed and breakfast homestay, bed and breakfast inn, or country inn shall be located in any platted residentially zoned subdivision unless the subject site is designated commercial or industrial on the Future Land Use Map of the County's Comprehensive Policy Plan or if approved as part of a Planned Development (P-D) Land Use Plan.
(1)Bed and breakfast homestays: A bed and breakfast homestay shall be a permitted use in the R-3 and P-O zoning districts and in a new P-D approved for R-3 or P-O uses or if designated as a land use during the land use plan approval process. Also, provided it is determined that it can be developed to be compatible with the character of the surrounding neighborhood or area, a bed and breakfast homestay shall be permitted as a special exception in the R-CE, R-CE-2, R-CE-5, A-1, A-2 or A-R zoning district, or as a special exception in an existing P-D approved for similar uses or if designated as a land use during the land use plan amendment process, subject to complying with the following performance standards:
a.The facility shall be operated only at the principal residential structure, and the owner/operator shall reside in the structure.
b.In an R-3 and P-O zoned district, the parcel on which the facility operates shall be at least an eighty-five-foot wide lot with fifteen thousand (15,000) square feet of land area. In all other zoned districts, the parcel on which the facility operates shall meet or exceed a minimum area of two (2) acres.
c.A minimum of one (1) durable, all-weather parking space shall be provided on-site for each guest room at the facility, and a minimum of two (2) such parking spaces shall be provided for the owner/operator. The parking lot shall comply with the requirements of section 38-1479 of the Orange County Code.
d.Only one (1) kitchen shall be permitted in the structure. No cooking facilities shall be provided in the guest rooms.
e.Except for a facility in an R-3 or P-O zoned district, there shall be a minimum one-thousand-foot separation between the facility and any preexisting bed and breakfast homestay. (The one-thousand-foot separation distance between the facility and any preexisting bed and breakfast homestay shall be measured by drawing a straight line between the closest property lines of the facility and the preexisting facility.)
f.Adequate water and wastewater capacity shall exist at the facility. Special exception approval of a bed and breakfast homestay shall not constitute approval for use of a septic system and/or a well. If a septic system and/or a well must be utilized, applicable county regulations shall control.
g.Landscaping shall be provided in compliance with chapter 24 of the Orange County Code.
h.All on-site signage shall comply with the sign ordinance.
i.Fire protection measures, such as sprinklers, shall be required in accordance with the Florida State Building Codes for hotel/motel use.
(2)Bed and breakfast inns: A bed and breakfast inn shall be a permitted use in the C-1, C-2 or C-3 zoning district, or as a permitted use in a new P-D if designated for commercial use on the approved land use plan. When it is a permitted use, it shall be subject to the same regulations and requirements as a hotel. Also, provided it is determined that it can be developed to be compatible with the character of the surrounding neighborhood or area, it shall be permitted as a special exception in the R-3 or P-O zoning district, as a special exception in the A-1, A-2 or A-R zoning district if the structure or site is designated as a local historic landmark by the Orange County Historical Museum, under present or any future criteria established by the county for such purpose, or as listed on the National Register of Historic Places, or as a special exception in an existing P-D approved for similar uses or if designated as a land use during the land use plan amendment process, subject to complying with the following performance standards:
a.The facility shall be operated only at a principal residential structure, and the owner/operator shall reside in the structure.
b.In an R-3 and P-O zoned district, the parcel on which the facility operates shall be at least an eighty-five-foot wide lot with fifteen thousand (15,000) square feet of land area. In an A-1, A-2 or A-R zoned district, the parcel shall be at least two (2) acres. In all other zoned districts, the parcel on which the facility operates shall meet or exceed the minimum area required for the zoning district.
c.A minimum of one (1) durable, all-weather parking space shall be provided on-site for each guest room at the facility, and a minimum of two (2) such parking spaces shall be required for the owner/operator. The parking lot shall comply with the requirements of section 38-1479 of the Orange County Code.
d.Only one (1) kitchen shall be permitted in the structure. No cooking facilities shall be provided in the guest room.
e.Adequate water and wastewater capacity shall exist at the facility. Special exception approval of a bed and breakfast inn shall not constitute approval for use of a septic system and/or a well. If a septic system and/or a well must be utilized, applicable county regulations shall control.
f.Landscaping shall be provided in compliance with chapter 24 of the Orange County Code.
g.All on-site signage shall comply with the sign ordinance.
h.Fire protection measures, such as sprinklers, shall be required in accordance with Florida State Building Codes for hotel/motel use.
(3)Country inns: A country inn shall be a permitted use in the C-1, C-2 or C-3 zoning district, or as a permitted use in a new P-D if designated for commercial use on the approved land use plan. It shall be subject to the same regulations and requirements as a hotel.
(Ord. No. 95-2, § 2, 3-7-95; Ord. No. 99-17, § 5, 9-21-99)
Page 1