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Home My WebLink About16- Conditions of Approval - Extended Stay Lodging - 721 North Montana Avenue i CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION Inter-office Original to: City of Bozeman Office of the City Clerk P.O.Box 1230 Bozeman,MT 5977I 2564880 Page: 1 of 4 11/29/2016 03:08:4B PM Fee: $28.00 Charlotte Mills - Gallatin Count MT MFSC .� I IIIIIII IIIIII IIII III1111111111111111111111111111111111�11111111111111111111111 CONDITIONS OF APPROVAL FOR EXTENDED STAY LODGING CONDITIONAL USE PERMIT AT 721 NORTH MONTANA AVENUE, BOZEMAN,MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit to allow a residential property to operate two units as vacation home rentals(classified as"Extended Stay Lodging" in the R-2 Zoning District),which would permit the residence to be rented for less than 30 days at a time on property located at 721 North Montana Avenue,Bozeman,Montana; and WHEREAS,the uses to be located on property that is legally described as IMES ADD.S06,T02S, R06E,Block 41,Lot 1-3,Ac.0.227,Plat C-41,City of Bozeman,Gallatin County,Montana; and WHEREAS,the Conditional Use Permit is contained within the City of Bozeman Department of Community Development's development review application number 16276;and WHEREAS,the Conditional Use Permit is required for the establishment of extended stay lodging in an R-2(Residential Two-Household,Medium Density)zoning district; and WHEREAS, the Conditional Use Permit application is subject to the following conditions of approval: 1. The applicant is advised that unmet code provisions,or code provisions that are not specifically listed as conditions of approval,does not, in any way,create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The maximum number of guests shall not exceed a combined eight guests per night for both buildings. 3. There shall be no outdoor sleeping,campers or tents permitted on the property at any time. 4. The owner shall assure that the occupants and/or guests of the vacation rental do not create unreasonable noise or disturbances,engage in disorderly conduct,or violate any provisions of this Conditional Use Permit or state or local laws by notifying occupants of the rules regarding this rental and responding when notified that occupants are violating any laws or rules regarding their 721 N.MONTANA AVE. CUP ZONING APPLICATION 16276 PAGE I OF 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION occupancy. It is not intended that the owner,local agent,or contact person act as a peace officer or place himself or herself in harm's way. 5. The owner or agent of the owner shall mail to the party signing any rental agreement or reserving the property a copy of all the vacation home rental rules and regulations, including the above conditions, within ten(10)days of reserving the property.Any rental agreement shall include a written acknowledgment by the renters of compliance with said rules and conditions.The owner or agent shall also prominently display all the rules and regulations within the unit or on/adjacent to the interior of the front door. This information shall also include the following: a. The name of the property management company,agent, local contact person,or owner of the property,and a telephone number at which that party may be reached on a 24-hour basis. b. The trash pick-up day and notification of all rules and regulations regarding trash removal. c. The rules,requirements or provisions for seasonal snow removal. 6. If not completed with the recent upgrade to the home,the water meter installation inside the house must be brought to the cut-rent standard per City Water Inspection Requirements and the City of Bozeman Design Standards and Specifications Policy. Specifically,a backflow preventer must be installed to protect the public potable water supply,The applicant shall contact the Backflow and Cross Connection Specialist with the City Water and Sewer Division to inspect the water meter installation and report the inspection with this application. 7. A small sign must be provided that does not exceed eight square feet in area and which is located a minimum of five feet from the property line either as a low-profile monument or projecting sign on the front(eastern)portion of the property or as a wall sign on the 721 North Montana Avenue front porch,in a location clearly visible from the pedestrian right of way.The sign must include the contact information of the management company or other local contact information. A sign permit,not included with the subject application,is required prior to commencement of lodging operations. 8. The subject property includes three individual lots with three existing buildings,two residential structures and a garage,which cover portions of al I three lots.The three lots share common ownership.Per Item 20 of the staff analysis,for purposes of review of this CUP application,the three lots were reviewed as a single site;any sale of an individual lot will result in revocation of this CUP. 9. The owner shall have a home-based business license that will be reviewed by City Planning, Police, and Fire Departments for compliance,and obtain Gallatin City-County Health Department Public Accommodation Inspection and Certification. WHEREAS, the Conditional Use Permit application is subject to all provisions of the Bozeman Municipal Code including the provisions listed below: A. Section 38.19.110.17,BMC states that the right to a Conditional Use Permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land,shall be binding upon the owner of the land,his successors or assigns,shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the 721 N.MONTANA AVE. CUP ZONING APPLICATION 16276 PAGE 2 OF 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title steal l apply and be adhered to by the owner of the land, successor or assigns. B. Section 38.19.110.1,BMC describes the process for termination/revocation of a Conditional Use Permit approval: 1. Conditional Use Permits are approved based on an analysis of current local circumstances and regulatory requirements.Over time these things may change and the use may no longer be appropriate to a location.A Conditional Use Permit will be considered as terminated and of no further effect if: a. After having been commenced,the approved use is not actively conducted on the site for a period of two continuous calendar years; b. Final zoning approval to reuse the property for another principal or conditional use is granted; c. The use or development of the site is not begun within the time limits of the final site plan approval in 38.19.120. 2. A conditional use which has terminated may be reestablished on a site by either,the review and approval of a new Conditional Use Permit application,or a determination by the Director of Community Development that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval.A denial of renewal by the Director of Community Development may not be appealed.If the Director of Community Development determines that the Conditional Use Permit may be renewed on a site then any conditions of approval of the original Conditional Use Permit are also renewed. 3. If activity begins for which a Conditional Use Permit has been given final approval,all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the City may revoke the approval through the procedures outlined in section 38.34.160, 721 N. MONTANA AVE.CUP ZONING APPLICATION 16276 PAGE 3 OF 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted conditions of approval and code provisions for the Conditional Use Permit shall be binding upon the undersigned owner of the subject property,and successors or assigns,as long as the extended stay lodging occurs as conditioned and does not cease for any reason for more than 90 days pursuant to Section 38.32.1010.13,BMC at 721 North Montana Avenue. DATED THIS DAY OF 2016. PROPERTY OWNER Signature / LdU U 4r-'u Printed Name and Capacity STATE OF• Old "M :ss County of On this day of 2W 6, before�!m�e�,tl e undersigned, a Notary Public for the State of , personally appeared 00 I�IX(!S known to me to be the property owner that executed the within instrument. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. . r �` pdNE KATNFRINE MAINES •J '..11/ hJotdry Publlc (Seal) Ln>_for tho State of Montana (prin ame Here) Residing at: Notary Pu a,for the State of * SEAL. = Belgrade, Montana ry 9 '••••' P='` My Commission Expires: Residing at,____ `"`�„ oF�ao�`' July 22,202o My Commission Expir-el. OF (Use 4 digits for expiratio�ye 721 N.MONTANA AVE. CUP ZONING APPLICATION 16276 PAGE 4 OF 4