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2 ZONING APPLICATION FOR OPERATION OF A BED AND BREAKFAST INN Property Owner’s Name: Phone/Cell: Property Owner’s Mailing Address: Property Owner’s E-mail: BED AND BREAKFAST INFORMATION: Address of Bed and Breakfast Inn: Cody, WY 82414 Method(s) of Advertising: □ AIRBNB □ codybedandbreakfast.com □ Other Tag Line on Listing (If known): Zoning of Property: (Zoning map available online here) □ R-2 (Requires conditional use permit application) □ R-3 (Requires conditional use permit application) □ R-4 □ D-1 □ D-2 □ D-3 □ Other Occupancy: Number of guests sleeping rooms: Parking: The number of off-street parking spaces provided: For guests: For owner: Food Service Licensing: Provide a copy of your current food license issued by the Wyoming Department of Agriculture, Consumer Health Services. Occupancy Limit: The City of Cody Code limits the number of guests to no more than ten at any one time. The State bed and breakfast requirements specify that there are to be no more than an average of 8 guests during any 30-day period. On-Site Owner Requirement: The owner must be living on the property at the time the bed and breakfast is in operation. Inspection Required: The dwelling must be inspected for compliance with the bed and breakfast inn requirements of the City of Cody Code prior to operation. Please review the attached Inspection Checklist and make necessary modifications in preparation for the City’s inspection. Then call the Community Development Department at (307) 527-3482 to schedule an inspection. Approved facilities will be issued a Certificate, which must be posted in the bed and breakfast. The City’s registration number for the unit will be on the certificate and is be included in all listings for the rental. Application Fee: A $100.00 application fee is required and must be paid upon application. Invoice ---PAGE BREAK--- I certify that this application for (address of bed and breakfast inn) accurately reflects the situation, and that the bed and breakfast inn will be operated in accordance with the requirements of the City of Cody code (attached). Signature of Owner: Signature Date Printed Name: Insurance Notice: A typical homeowner’s insurance policy does not cover use of a property for bed and breakfast inn activities. Please contact your insurance provider to discuss the insurance needs for use of the property as a bed and breakfast inn, if you have not already done so. Lodging Tax: Bed and breakfast inns are classified as lodging facilities by the State. The owner must register with the WY Department of Revenue and pay lodging tax as required. The publication “Sales, Use, and Lodging Tax Guidelines for the Hospitality Industry” is available on their website under “Lodging”. The required State Sales Tax ID# is obtained by completing their application, which you can access here: http://revenue.wyo.gov/Excise-Tax-Division/sales-and-use-tax-license-applications-forms City of Cody Code 10-8-2(B), Bed and breakfast inns. 1. The bed and breakfast inn must meet the definition set forth in chapter 2 of this title. 2. The owner must be living on the property at the time the bed and breakfast is in operation. 3. Total guest occupancy of a bed and breakfast inn property is limited to no more than ten (10) persons. (Establishments exceeding 10 persons fall within the zoning classification of "hotel".) The Planning and Zoning Board may further limit total guest occupancy beds and/or guest rooms) of a proposed bed and breakfast inn based on lack of parking and other neighborhood impacts identified in the review process. 4. Vehicle access must comply with the requirements of the International Fire Code, appendix D, or other established standard acceptable to the Fire Marshal. 5. Cooking facilities in guest rooms are not permitted. 6. The facility must pass a fire and life safety inspection before it may be used as a bed and breakfast inn, which inspection includes verification of the following. a. Smoke detectors located where required by code and operable; b. A fire extinguisher (minimum rating 2A10BC) located in a visible clearly labeled location; c. Carbon monoxide alarm(s) where required by code and operable d. The address number is posted and visible using 4” tall or larger numbers on a contrasting background; e. Access in/out of the facility complies with applicable codes (e.g. stairs, handrails); f. Proper access to the electrical panel is provided; g. No fire hazards are observed (e.g. combustibles are kept away from heat sources, extension cords and outlet strips are used in a compliant manner, dryer vent is free from obstruction, no exposed electrical wiring); h. Each sleeping room is provided with an emergency escape and rescue opening that complies with sections R310.1, R310.2, R310.3 and R310.4 of the International Residential code; and, i. Emergency contact numbers are clearly posted (manager and 911). SIGN ---PAGE BREAK--- 7. The facility is to be inspected for the above items at least annually. Upon any change of ownership and on every third year after the initial inspection, the facility must be reinspected by the City and pass inspection. In the other years, the owner or manager is to perform the inspection. 8. Individual guest occupancy is limited to temporary periods of less than one hundred twenty (120) consecutive days, and less than one hundred twenty (120) days in any one-year period. 9. Bed and breakfast inns shall not be used as "reception facilities" as defined in this title, unless such use is otherwise permitted in the zoning district in which the property is located and authorization for such has been granted by the reviewing official. 10. The bed and breakfast must maintain compliance with the WY Department of Revenue licensing requirements, including payment of lodging taxes. 11. All bed and breakfasts must maintain compliance with the Wyoming Food Safety Rule (WY Department of Agriculture) and related licensing requirements. 12. Unless otherwise exempted or authorized by this title, one off-street guest parking space shall be provided for every two lodging units or fraction thereof. The guest parking shall be in addition to the two spaces required for the owners/manager. 13. Prior to initial operation and annually by May 1st thereafter, all bed and breakfast inns shall register with the City of Cody, pass the fire and life safety inspection, and provide evidence of compliance with the Wyoming Food Safety Rule. The Community Development Department is authorized to create application form(s) and procedures as necessary to manage and enforce these provisions, both for the initial authorization and for ongoing compliance. Payment of an application fee is required pursuant to the City’s adopted fee schedule. A late fee, also as specified in the adopted fee schedule, may also be assessed to owners of bed and breakfast inns that fail to register before making the inn available for initial use, or that do not complete their annual renewal by May 1st of each year. Authorized bed and breakfast facilities shall post a certificate issued by the City of Cody identifying such authorization. The certificate shall expire at the end of May 1st following the year in which the certificate was issued.