HomeMy WebLinkAbout17- Ordinance 1970 Six Month Extension of Ordinance 1958, Short-Term Rentals BQ2,�,��..{ I
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ORDINANCE NO. 1970
71
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A SIX MONTH EXTENSION OF INTERIM ZONING ORDINANCE 1958 OF THE
CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO AMEND
SECTION 38.08.020 OF THE MUNICIPAL CODE TO CHANGE THE USES ALLOWED
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WITHIN THE R-1, R-2, R-S, AND NEHMU ZONING DISTRICTS BY REMOVING it
"EXTENDED STAY LODGINGS"AS A CONDITIONAL USE IN THOSE DISTRICTS.
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WHEREAS, the City Commission adopted interim zoning ordinance 1958 on August
8, 2016 pursuant to Section 76-2-306, Montana Code Annotated, providing for adoption of an
interim zoning ordinance prohibiting for a period of six months any uses which may be in
conflict with a contemplated zoning proposal which the legislative body is considering or
studying,or intends to study,which is set to expire on February 8, 2017; and
is
WHEREAS, the City Commission directed City staff to study options regarding
appropriate locations and regulations for short term rentals, and their compatibility with
residential uses within the City and to recommend revised or new regulations to the City
Commission within six months; and
WHEREAS, the development and review of amendments to Chapter 38 of the
Bozeman Municipal Code to address short term rentals requires City staff to inform and involve
and obtain input from the public and other agencies prior to adoption of any proposed
amendments; and
WHEREAS, City staff formed a task force including staff from the Fire Department,
Police Department, City Attorney's Office, and City Manager's Office to research best practices b
from other communities, solicit feedback from Bozeman residents, and draft proposed
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Ordinance 1970,Extending Interim Ordinance 1958 for 6 Months—Extended Stay Lodgings
regulations; and
WHEREAS, City staff has conducted an online survey, held several public workshops,
sought input from neighborhood associations and other governmental agencies, and begun
drafting proposed permanent zoning or general ordinances for the City Commission's
consideration; and
WHEREAS, City staff requires additional time to develop such proposed ordinances;
and
WHEREAS, 76-2-306(3) provides that pursuant to a duly noticed public hearing the
City Commission may extend interim zoning ordinance 1958; and
WHEREAS, notice of a public hearing on February 6, 2017 to consider extending
interim ordinance 1958 was published in accordance with state law.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman,Montana,that:
Section 1
The City Commission incorporates the above recitals into this ordinance.
Section 2
The City Commission hereby directs the City Manager to continue to investigate and
study the effects of extended stay lodgings, and other similar uses, including short term and
vacation rentals, on locations in the City zoned R-1, R-2, R-S, or NEHMU and other locations
and to make recommendations in as timely a manner as possible to the City Commission
regarding the zoning of such uses and other matters relating to impacts of such uses on the public
health, safety, and general welfare.
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Ordinance 1970,Extending Interim Ordinance 1958 for G Months—Extended Stay Lodgings
Section 3
Effective Date and Period.
This ordinance shall be effective immediately upon passage and for a period of not
more than six (6) months from the date of adoption hereof, unless otherwise extended in
accordance with Montana law.
Section 4
Supersedence.
All City ordinances and parts thereof in conflict herewith are hereby temporarily j
superseded by this Ordinance for the time period as described in Section 3 above, insofar as said
ordinances or parts thereof may apply within the corporate boundaries of the City of Bozeman.
Section 5
Severability.
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If any provision of this Ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect the other provisions of this
Ordinance which may be given effect without the invalid provision or application and, to this
end,the provisions of this Ordinance are declared to be severable.
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Section 6
Savings Provision.
This Ordinance does not affect the rights or duties that matured, penalties and
assessments that were incurred, or proceedings that were finally acted upon prior to the effective
date of this Ordinance.
Section 7
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Ordinance 1970,Extending Interim Ordinance 1958 for 6 Months—Extended Stay Lodgings
Codification Instruction.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
list in numerical order with all other ordinances of the City and also shall be organized in a
category entitled "Interim Zoning Ordinances." The City Clerk must immediately transmit this
Ordinance for inclusion on the City's internet-accessed municipal code website so as to
prominently display the continued repeal and suspension as provided for in this interim
ordinance.
PASSED, ADOPTED AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 6th day of February, 2017.
CARSON TAYLOR
Mayor
ATTEST: —-,�,
BO
ROIR& CRb1
City Ct(F+.• 1883_ •
gTIN eo'�t�. APPROVED AS TO FORM:
G&ULLIV
City Attorney
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