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HomeMy WebLinkAbout02-17-17 Public Comment -INC -ShortTermRentalsShort-Term Rental Recommendations from The InterNeighborhood Council (INC) February 16, 2017 To: Mayor Carson Taylor Deputy Mayor Cyndy Andrus Commissioners: Jeff Krauss, Chris Mehl, and I-Ho Pomeroy Chuck Winn, Assistant City Manager & City’s Short-Term Rental Task Force Chris Kukulski, City Manager From: The InterNeighborhood Council (INC) RE: Short-Term Rental Recommendations As the number of short-term rentals (STRs) grows in Bozeman and around the country, it is important to address their impact on the community and neighborhoods. The InterNeighborhood Council (INC) commends the City Commission for directing staff to engage the community in a discussion about STRs, gather information on how other cities are dealing with STRs, and work to draft an STR Ordinance for Bozeman. The INC understands the interest in STRs by visitors and the benefits that hosts receive from renting STRs. At the same time the INC is concerned about protecting neighborhood livability and character if motel-like businesses are present. The INC offers the following recommendations to ensure healthy neighborhoods and allow STRs where appropriate. It is also essential that STR regulations are enforced and administered effectively and consistently. To accomplish this, the city needs to staff appropriately. INC Recommendations for Short Term Rentals 1. Revise the definition in City Code from “Extended Stay Lodging” to “Short-Term Rental”. State simply that a Short-Term Rental is the rental of a room, whole house or ADU for less than 30 days. 2. Require a License for all STRs with an annual renewal. License would have a fee. A new license would be required if the property is sold or has a new owner. Annual renewal would have: a self-certification (checklist) process to verify fire, health and safety, insurance, bed tax has been paid to state and potentially number of nights rented. Include a note to STRs in application information and a FAQ on-line sheet that homeowners insurance usually does not cover business liability or damage. Suggest they contact their homeowners insurance. 3. License number should be included on all advertising – online or print. This suggests to the reader that the STR listing is legal and allows a way for enforcement to verify STRs operating without a license. 4. Require a Fire & Health & Safety inspection with fees to cover cost of inspections. With initial application for license Annual inspection lottery - all self-certifications would be put in a lottery and small percentage would be randomly inspected each year. 5. Follow Minimum parking requirements in current City Code 6. Limit number of guests to 2 per bedroom, plus an additional 2 unless parking minimum requirements reduce number of allowed guests. 2 7. Where to allow STRs and in what Zoning Districts: Type 1 Owner of STR On-Site Renting a room or Permitted Accessory Dwelling Unit (ADU) □ Allow in All Zoning Districts Type 2 Primary residence (As shown on Tax return - owner at home 51% of time or more) Renting whole house; Owner Not home when renting STR INC representatives have several different opinions about how to mitigate the impact of STRs on a neighborhood. □ Option A: Allow in all residential zoning districts or □ Option B: • Allow STRs in R-2, R-3, R-4, R-5, R-O. • Do not allow or limit STRs in R-1 and R-S Possible ways to limit number of STRS: 1. Limit number of days per year that a residence can be rented as a STR (90 days) 2. Create Density Caps 3. Require Conditional Use Permits (CUPs) Type 3 Not Primary Residence NOTE: The INC has concerns about people or companies buying multiple homes to use primarily as STRs. No owners live in these homes. We encourage the City to find a way to regulate or prevent this. □ Allow in R-2, R-3, R-4, R-5, R-O □ Do not allow or limit STRs in R-1 and R-S Possible ways to limit number of STRS: 1. Limit number of days per year that a residence can be rented as a STR (90 days) 2. Create Density Caps 3. Require Conditional Use Permits (CUPs) 8. Notify neighbors when a STR application is made. Provide 30 days for comment. An appeal process should be in place for neighbors as well as the Primary owner applying for an STR license. 9. Post STR rules onsite and send STR rules to renters as part of rental agreement and terms of use. Address noise quiet hours, no outdoor sleeping, camper or tents, trash, snow removal, etc. 10. Require 24 hr local contact for STR posted inside residence, mailed to all nearby neighbors and listed on City on-line STR site. Also include who to call at city with complaints or problems. 11. Enforcement: Require all STRs, including those currently having CUPs, to be in compliance with new regulations going forward. Fine STRs operating without a license. Develop tiered approach for violations by licensed STR such as: o First time offense – written warning o Second time offense – revocation of license for 6 months o Third offense – revocation of license for 2 years It is essential that STR regulations are enforced and administered effectively and consistently. 3 Thank you for reviewing and considering these recommendations for STR regulations. The City has invested in keeping neighborhoods livable and healthy. STRs offer some benefits to homeowners and neighborhoods, but they can also create issues that impact neighborhoods negatively if not regulated well. InterNeighborhood Council Jennifer Rockne, Chair and representing South Central Association of Neighbors Kathy Powell, Vice Chair and representing University Neighborhood Association Maddy Weisz, Valley Unit Neighborhood Association Jack Tyler, Flanders Creek Neighborhood Association Eli Anselmi, Loyal Gardens Neighborhood Association Ginny Cowan, Bozeman Creek Neighborhood Association Gail MacMillan, Bogert Park Neighborhood Association Dave Chambers and Paul House, Northeast Neighborhood Association Joe Genovese, New Hyalite View Neighborhood Evette Allison, Marwyn-Lindley Neighborhood Lisa Prugh, Cooper Park Neighborhood Association Dave Gibson, Southeast Neighborhood Association