Opelika planning commission tables bed-and-breakfast zoning changes after large public opposition

The Opelika Planning Commission on Wednesday voted to table a proposed zoning text amendment that would change how bed-and-breakfasts are defined and regulated in the city, including adding rules that could permit outdoor events at older houses.

Commissioners said the item needs more work after more than a dozen residents urged changes or opposed the proposal at public hearing. The vote to table was taken after residents argued the draft would amount to spot zoning and remove crucial protections such as an owner-occupancy requirement.

The commission’s proposal would revise definitions and procedures for bed-and-breakfast operations, move bed-and-breakfasts in some sections of the code into the list of uses that can host celebrations or events, and add a new section (8.28.4 in the draft) covering operational rules. Among changes described in staff materials were: permitting bed-and-breakfasts on properties at least 1 acre; limiting outdoor events to no more than 10 per year and to a maximum of 200 people unless further limited by parking or safety codes; requiring properties used for such events to be on an arterial or collector street; a proposed age threshold of 75 years or older for buildings seeking the B&B classification; and retaining a registration requirement for operators.

Residents at the hearing said the draft would allow commercial-scale events in residential neighborhoods. "This is effectively called spot zoning," said Barry Whiteley, a resident of 400 North Ninth Street. Whiteley told the commission that, based on the draft’s limits (1 acre, 75 years old, arterial frontage), only two houses in Opelika would qualify. "This is not community-wide," he said, adding that the neighborhood had prepared model ordinances from other cities for comparison.

Jason Lance, a resident at 410 North Ninth Street, said his review of ordinances from several cities showed common elements not present in the draft: preservation of residential character, owner-occupied operation requirements and strict limits or prohibitions on events. "Where events are mentioned, they are either explicitly prohibited by the ordinance or greatly restricted in scope," Lance said.

Other neighbors said the draft’s event allowances — up to 200 people and up to 10 outdoor events annually — represented a major change that could permit amplified sound and late-night gatherings next to houses. "I just wonder if any of y'all could imagine having an event with 200 people in a single house in a residential area in Opelika," said Charlie Brewer, a resident of North 10th Street.

Commission staff described the changes as an attempt to add clarity and operational rules while protecting neighborhood character, including limiting indoor occupancy to building-code limits and requiring on-site parking for guests. Staff also noted prior history: a substantially different draft had earlier received a negative recommendation and was withdrawn by staff after going to city council without action.

After public comment, commissioners debated whether to send a negative recommendation to the city council or to pause and rework the language with additional input. A motion to table the item prevailed; the commission also directed formation of an ad-hoc committee to review language acceptable both to the neighborhood and to planning staff and to return the matter to a future agenda. No final zoning changes or recommendations to city council were adopted at the meeting.

The commission’s tabling means the matter will return to a future meeting for further consideration; commissioners said local advertising rules and city-council procedures could affect timing of any subsequent public hearings.

Residents repeatedly urged retention of an owner-occupancy requirement, citing state public-health and administrative-code distinctions that limit health department oversight for owner-occupied B&Bs. "In the State of Alabama administrative code, a bed and breakfast is defined as a private owner-occupied residence providing accommodations for a charge to the public with no more than 10 rooms for rent," said Robin White of Shelby Avenue. White argued that removing owner-occupancy would remove the practical inspection and oversight pathway for food and safety that currently exists.

The commission did not set a date to return the amendment; staff and commissioners indicated they would form the ad-hoc group and bring revised language back to a future agenda.

Action on the bed-and-breakfast text amendment was limited to procedural tabling; no affirmative zoning change or recommendation to city council was made at this meeting.