HomeMy WebLinkAbout04-24-17 Public Comment -K. Powell and S. Griswold -ShortTermRentalsApril 23, 2017
TO: Mayor Carson Taylor Deputy Mayor Cindy Andrus
Commissioners Jeff Kraus, Chris Mehl & I-Ho Pomeroy
Asst City Manager Chuck Winn
Neighborhood Coordinator Jessica Johnson
RE: Proposed Recommendations for Short Term Rentals from City STR Team
Thank you for tackling how to regulate Short Term Rentals (STR) in Bozeman. Balancing the shared
economy of STRs while respecting the livability and character of neighborhoods is a challenge. The City
clearly values neighborhoods and we are confident an ordinance will be created that supports
neighborhoods and allows STRs in appropriate zoning districts.
The “Recommendations for Regulating STRs” report of April 24, 2017, offers a number of good
recommendations, but the heart of these recommendations is flawed. It puts neighborhood livability and
character at risk, especially in single-family zoning districts.
Good recommendations include annual registration, a Health and Safety inspection, standards for
different types of STRs and fees to cover program costs. Good recommends also include a City STR web
page, requiring a permit number be on any web or print listings, monitoring on-line listings thru Host
Compliance, changing “Extended Stay Lodging” to “Short Term Rental” and having an STR registration run
with the owner not the land.
The flawed recommendations are the definition of the Types of STRs and where they should be allowed.
Type 1: Makes sense. Rent a bedroom(s) in an owner-occupied dwelling while the owner is there. Have
these STRS register but other STR regulations would not apply.
However, Type 2 & 3 STRs do not make sense if neighborhood livability and character are to be respected.
Type 3 – non-owner occupied:
The big concern by many in Bozeman, as well as other cities, is having a person(s) or corporation buy up
multiple houses to run strictly as STRs. This is not a way to earn some money to make ends meet; it is a full
on business that can majorly alter the livability of a neighborhood. Type 3, as proposed, would permit non-
owner occupied STRs in ALL residential zones with a conditional use permit (CUP) required only in single-
family R-1 and R-S.
Why not avoid this problem by including a version of what Missoula has in their STR (Tourist Homes)
Ordinance for ALL STRs. Something like “No person or other legal entity may have ownership interest in
more than 1 (or 2) residence(s) operated as a STR.” Buying up multiple dwellings to be STRs would be
minimized. This approach still leaves single-family zoning at risk, therefore Type 3 STRs should NOT be
allowed in R-1 or R-S.
Type 2 – owner-occupied (Principal residence):
It is proposed to allow Type 2 STRs in ALL residential zoning with No limit on the number or density of
STRs and NO CUP required in R-1 or R-S. This proposal is worse than the current regulation. It would
allow more STRs in single-family zoning than are allowed now!
Imagine 2 city blocks in R1, with all homes owner-occupied Primary residences. Say 1/2 of these owners
go to AZ or FL for the winter. Potentially 1/2 of those 2 blocks, under this proposal, could become STRs
almost 6 mos of the year. Two blocks that were a neighborhood would become more like a motel district.
Municipal Code, Sec 38.08.101 says the intent and purpose of R-S and R-1 is to provide for primarily single-
household residential development and related uses……..while respecting the residential character and
quality of the area.”
Instead of allowing unlimited STRs in residential zoning, consider doing what Kalispell’s STR Ordinance
does and limit the number of STRs to 2% across ALL residential zoning.
Permit Type 2 STRs in R2, R3, R4, R5, RO and RMH within ALL residential zoning with the total 2% limit.
Do NOT allow Type 2 STRs in single family R-1 and R-S or at the VERY least, require them to apply for a
CUP, notify neighbors within 200 ft and stay within the total 2% limit.
Type 2 and ADUs
The proposed recommendations for Type 2 include ADUs. Current ADUs in the correct zoning district
could indeed be STRs. However, if the city in the near future does relax requirements for ADUs to help
increase infill, these new ADUs should be for residents to live in and not for STRs for vacationers.
Therefore ADUs built after the date a new STR Ordinance goes into effect should not be allowed to be STRs.
This should be included in the STR Ordinance.
Additions not yet addressed in proposed recommendations:
1. No signage should be allowed outside a dwelling that indicates it is a STR.
2. Verification that a dwelling is owner-occupied (Primary Residence). This can be done by submitting a
copy of last year’s tax return with STR permit application
3. Enforcement of violations needs to be more specific. Instead of just stating that the city manager may
suspend or revoke STR registrations, the consequence should be more measurable and clear.
Missoula’s Ordinance states that if there are 3 violations in a 12-month period, the registration will be
revoked and the STR owner can’t reapply for 1 yr. There is an appeal option. This sends a clearer and
stronger message to STR owners about X number of violations leads to revocation and the inability to
reregister for a whole year. Issuing fines for violations should also be seriously considered.
4. Fire Inspection, as in the Kalispell STR Ordinance, should include verification that carbon monoxide
monitors are in use where combustion heating or gas appliances are in use. (not currently listed in Cost
Estimate Sheet for Inspections pg 169 of Recommendations).
AND --- What the heck does the gibberish of Exemption "A", pg 133 mean?
Why is Exemption D about property managers and 3 dwelling units included?
The shared economy is becoming an active part of local economies. Finding the balance between the
shared economy of STRs and maintaining the livability of neighborhoods is a challenge. The current STR
Team recommendations have many good pieces, but the recommendations for Type 2 and Type 3 STRs do
NOT protect or maintain neighborhood character and livability, especially in single family R-1 and R-S.
Please Direct staff to:
Limit the number of STRs a person or other legal entity may have to 1 (or2) STRs in ALL residential
zones and NOT allow Type 3 STRs in R-1 and R-S.
Not allow Type 2 STRs in R-1 and R-2 or at the very least require them to have a CUP
Address new ADUs built to increase infill to NOT be allowed to register as STRs.
Incorporate the 4 suggested additions and clarify Exemptions A & D
Thank you for your consideration and for caring about neighborhoods.
Kathy Powell & Steve Griswold
1215 S 3rd Ave Bozeman
406-600-1164 powellgriz@icloud.com