File #: 21-0052    Version: 1
Type: Ordinance Status: Passed
File created: 1/7/2021 In control: City Council
On agenda: 1/19/2021 Final action: 1/19/2021
Title: Waive the first reading and pass an ordinance amending Chapter 2 (General Zoning Provisions) of Title 6 (Zoning Ordinance) regarding Bed and Breakfast Establishments (PZC 20-1-123) (requires 6 positive votes)
Attachments: 1. Ordinance, 2. PZC Meeting Minutes 1-6-21 DRAFT
Related files: 20-1530
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
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Waive the first reading and pass an ordinance amending Chapter 2 (General Zoning Provisions) of Title 6 (Zoning Ordinance) regarding Bed and Breakfast Establishments (PZC 20-1-123) (requires 6 positive votes)
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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Allison Laff, AICP, Deputy Director

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission (PZC) conducted the public hearing on PZC 20-1-123 on January 6, 2021. There were no public speakers on this item. Following limited discussion, the PZC recommended approval of the text amendment as proposed (vote 6-0). Staff concurs.

BACKGROUND:
In 1991, the City Council passed an ordinance prohibiting bed and breakfast establishments from operating within residential zoning districts in the City of Naperville. In 1997, this ordinance was amended to permit the limited expansion and/or enlargement of bed and breakfast establishments which are legal nonconforming uses established on or before November 10, 1997. In 2003, this ordinance was again amended to permit bed and breakfast establishments as a conditional use in the Transitional Use (TU) zoning district.

DISCUSSION:
The Harrison House Bed and Breakfast, located at 26 N. Eagle Street and zoned R2, is the only legal nonconforming bed and breakfast establishment located in a residential zoning district in the City of Naperville. On December 4, 2020, Sara Tams, owner of the Harrison House Bed and Breakfast, notified the City of her intent to permanently discontinue operation, noting that the last guest checked out of the establishment on June 29, 2020. Ms. Tams stated that the structure will be utilized as a single-family home.

Per Section 6-10-3 (Nonconforming Uses) of the Naperville Municipal Code, if a nonconforming use is discontinued for a continuous period of six months, it shall not be renewed and any subsequent use of the structure shall conform to the requirement...

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