HomeMy WebLinkAbout06-22-17 City Commission Packet Materials - A2. Interim Ordinance 1977, Extension of Interim Ordinance 1958Page 1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM:Chuck Winn, Assistant City Manager
Karen Stambaugh, Assistant City Attorney
SUBJECT: Ordinance 1977 – Second Extension of Interim Zoning Ordinance
1958 regarding Extended Stay Lodging (Short Term Rentals)
MEETING DATE: June 22, 2017
AGENDA ITEM TYPE: Action
RECOMMENDATION: Conduct public hearing, consider protests, and determine whether
to adopt Ordinance 1977 (2/3 majority of Commission required).
RECOMMENDED MOTION: Having conducted a public hearing, considered public testimony, and finding no protests have been received, and finding the City requires
additional time to develop short term rental regulations, I hereby move to adopt Ordinance
1977 extending Interim Zoning Ordinance 1958 for an additional six-month period or until
such time as the City acts to amend the municipal code or reinstate the conditional use, whichever is earlier.
BACKGROUND: The City Commission has been considering the issue of the increase in the
number of short term rentals (STRs) throughout the City and in particular Bozeman’s lower density residential zoning districts.
On July 18, 2016 the Commission requested City staff draft an interim zoning ordinance that
would prohibit such uses in specific zoning districts until such time as the City was able to study
the effects of the increasing number of short term rentals on existing residential neighborhoods. The Commission adopted Interim Zoning Ordinance 1958 on August 8, 2016 repealing and suspending extended stay lodging as a conditional use in R-1, R-2, R-S and NEHMU zoning
districts for a period of six months. Ordinance 1958 was effective immediately. Staff was
directed to research best practices in other similar communities, solicit public input on the issues,
and return to the Commission with recommendations for the regulation of STRs in the City. Ordinance 1958 was set to expire on February 8, 2017 but was extended for six months by Ordinance 1970, adopted February 6, 2017. Ordinance 1958 now expires on August 8, 2017.
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The authority to extend an interim zoning ordinance is found at 76-2-306(3), MCA:
76-2-306. Interim zoning ordinances. (1) Except as provided in 76-2-340, the city or
town council or other legislative body of the municipality, to protect the public safety, health, and welfare and without following the procedures otherwise required prior to the adoption of a zoning ordinance, may adopt as an urgency measure an interim zoning
ordinance prohibiting any uses that may be in conflict with a contemplated zoning proposal that the legislative body is considering or studying or intends to study within a
reasonable time.
(2)An interim zoning ordinance may be applicable only within the city limits and upto 1 mile beyond the corporate boundaries of the city or town and takes effect upon
passage if a hearing is first held upon notice reasonably designed to inform all affected
parties. A notice must be published in a newspaper of general circulation at least 7 days before the hearing.
(3)An interim zoning ordinance is no longer in effect 6 months from the date of its
adoption. However, after notice pursuant to 76-2-303 and pursuant to public hearing, the legislative body may extend the interim zoning ordinance for 1 year. Any extension
requires a two-thirds vote for passage and becomes effective upon passage. No more than two extensions may be adopted.
Any extension requires a 2/3 majority vote, and no more than two extensions may be adopted.
The hearing on the extension of an interim ordinance must be noticed no less than fifteen days prior to the public hearing. The protest provisions of state law related to adoption of zoning
regulations apply. Notice of this ordinance was published in the Bozeman Daily Chronicle on
Sunday June 4, 2017 and Sunday June 18, 2017.
Staff conducted extensive public outreach to solicit input on concerns with STRs and best outcomes for any proposed regulations via an online survey and three public engagement
sessions in January 2017. Staff also researched best practices in several other similar
communities. After considering public input and best practices, Staff drafted recommended
regulations for the Commission’s consideration. The Commission held a public hearing on April 24, 2017 to consider staff’s recommended regulations and the public comment received to date. At this meeting, the Commission directed Staff to make certain changes to the draft regulations
and to bring a draft ordinance for provisional adoption.
The Zoning Commission held a public hearing on May 16, 2017 and voted unanimously to recommend that the ordinance not be adopted. The Commission held its public hearing on May 22, 2017 to consider provisional adoption of the draft ordinance. At that hearing, extensive
public comment was heard and the public hearing was continued to June 22, 2017.
Based on the above, the City requires more time for first and second read of the STR ordinance in order for any new regulations to be effective before expiration of Ordinance 1958. Should the Commission adopt this ordinance, it will be effective for no more than six months or until the
Commission adopts alternative zoning provisions regarding extended stay lodging/short term
rentals in these zoning districts.
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As of the date this memo was drafted, no protest has been received regarding this proposed extension of Ordinance 1958.
UNRESOLVED ISSUES: None identified regarding adoption of this ordinance.
ALTERNATIVES: As suggested by the Commission.
FISCAL EFFECTS: None recognized from adoption of this ordinance. Staff time will be
required to continue the process of drafting potential regulations.
Attachments:
Proposed Ordinance 1977
Ordinance 1958
Ordinance 1970
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ORDINANCE NO. 1977
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
WITHIN THE R-1, R-2, R-S, AND NEHMU ZONING DISTRICTS BY REMOVING
“EXTENDED STAY LODGINGS” AS A CONDITIONAL USE IN THOSE DISTRICTS.
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, and
WHEREAS, Ordinance 1958 was extended for six months by Ordinance 1970 and is
set to expire on August 8, 2017; and
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; and
WHEREAS, the development and review of amendments to Chapter 38 of the
Bozeman Municipal Code to address short term rentals required City staff to inform and involve
and obtain input from the public and other agencies prior to adoption of any proposed
amendments; and
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Ordinance 1977, Six Month Extension of Interim Zoning Ordinance 1958
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WHEREAS, City staff conducted an online survey, held several public workshops,
sought input from neighborhood associations and other governmental agencies, and drafted
proposed permanent zoning or general ordinances for the City Commission’s consideration; and
WHEREAS, the City held a public hearing for provisional adoption of the proposed
ordinance on May 22, 2017; and
WHEREAS, the City received extensive public comment regarding the proposed
ordinance; and
WHEREAS, the City continued the public hearing for provisional adoption of the
proposed ordinance to June 22, 2017; and
WHEREAS, the City requires more time to consider public comment and draft the
proposed ordinance; and
WHEREAS, 76-2-306(3) provides that pursuant to a duly noticed public hearing the City
Commission may extend interim zoning ordinance 1958 two times; and
WHEREAS, notice of a public hearing on June 22, 2017 to consider extending interim
ordinance 1958 was published in accordance with state law; and
WHEREAS, no protest to an extension in accordance with this Ordinance 1977 was
received.
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.
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Section 2
The City Commission hereby directs the City Manager to continue to 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.
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
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.
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.
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
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date of this Ordinance.
Section 7
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 22nd day of June, 2017.
__________________________________________
CARSON TAYLOR Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
__________________________________________
GREG SULLIVAN City Attorney
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