HomeMy WebLinkAbout17- Ordinance 1974 Regulating Short Term Rentals ORDINANCE NO. 1974
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING CHAPTER 12 OF THE BOZEMAN MUNICIPAL CODE TO
EXEMPT SHORT TERM RENTALS FROM THE BUSINESS LICENSE
REQUIREMENT; AMENDING CHAPTER 38, UNIFIED DEVELOPMENT CODE, TO
ADD SHORT TERM RENTAL REGULATIONS,AMEND AUTHORIZED USE TABLES,
ESTABLISH REGISTRATION REQUIREMENTS AND FEES, ESTABLISH
STANDARDS, AND PROVIDE FOR ENFORCEMENT AND PENALTIES; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City is authorized by its Charter and Montana law to adopt zoning
regulations and provide for the enforcement and administration of zoning regulations pursuant to
76-2-304, MCA; and
WHEREAS, the Director of Community Development is authorized to determine the
appropriate classification of a particular use within zoning districts pursuant to 38.07.050, BMC;
and
WHEREAS, "extended stay lodging"has been authorized as a conditional use in R-1, R-
2, R-S, and NEHMU zoning districts and as a principal use in R-3, R-4, R-5, R-O, B-2, 13-2M, 13-
3, REMU and UMU zoning districts; and
WHEREAS, Interim Zoning Ordinance 1958 (as extended by Ordinance 1970) repealed
and suspended extended stay lodging as a conditional use in R-1, R-2, R-S and NEHMU until
August 8, 2017 and directed the City Manager to research, seek public input on, and develop
recommendations for the regulation of short term rentals; and
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Ordinance 1974, Regulating Short Term Rentals
WHEREAS,it is in the interests of the city to establish regulations and standards for short
term rental operations to ensure the public health, safety and welfare of city residents and visitors.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative findings:
1. Short term rentals provide economic opportunities to short term rental owners and other city
businesses by attracting visitors to engage in economic and social activities within the city.
2. Short term rentals add to a vibrant, diverse and welcoming community by providing
accommodations for a wide variety of visitors, including tourists and travelers, friends and
family of residents, and temporary workers.
3. The intent and purpose of all residential zoning districts is to establish areas that are primarily
residential in character.
4. The primary intent and purpose of R-S,R-1, and R-2 residential zoning districts is to provide
for primarily low and moderate density residential development and related uses within the
city,and to provide for community facilities that serve such development while respecting the
residential quality and nature of the area.
5. The primary intent and purpose of R-3, R-4, R-5, and R-O residential zoning districts is to
provide for the development of medium and high density residential development with a
variety of housing types along with secondary nonresidential uses, and to provide for
community facilities that serve such development.
6. The short term rental of sleeping rooms in an owner-occupied dwelling unit while the owner
is present on the property, and rental of an owner-occupied dwelling unit for part of the year
are primarily residential uses.
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Ordinance 1974,Regulating Short Term Rentals
7. The short term rental of a dwelling unit by an owner who does not occupy the home as their
primary residence is not a primarily residential use.
8. Restrictions on noise and maximum occupancy, and requirements providing for life safety
inspections and easy reporting of concerns and complaints are necessary to help protect city
residents' peaceful enjoyment of their residences and neighborhoods.
9. Reasonable, narrowly tailored regulation of short term rentals is necessary to protect the
health, safety and welfare of city residents and visitors.
Section 2
That Chapter 12,Article 1 of the Bozeman Municipal Code,Business Licensing,be amended
as follows:
Sec. 12.01.010. -Definitions.
4. "Hame—ooeupationHome-based business" means the use of a portion of a dwelling as
offiee,
studie or workroom for oeeupations at home by one or-more persons residing in the
dwelling unit. No home oeeupation shall oeeupy more than 20 percent of the gross 1400f
area nor more than 400 square feet of gFoss floor afea. The aetivity mst be eleai4y
ineidental to the use of the dwelling for dwelling purposes, and shall not ehang
h raeter or appearanee thereef has the meaning ascribed to it in 38.42.1380.
Section 3
That Chapter 12,Article 2 of the Bozeman Municipal Code,Business Licensing,be amended
as follows:
Sec. 12.02.040. -Exemptions.
A. No license shall be required of any person or entity for any mere delivery in the city of any
property purchased or acquired in good faith from such person or entity as the person or
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Ordinance 1974,Regulating Short Terun Rentals
entity's regular place of business outside the city where no intent by such person is shown
to exist to evade the provisions this chapter.
B. No license shall be required of any nonprofit organization as defined by this chapter.
C. No license shall be required of any person under 18 years of age.
D. No license shall be required for any property manager managing or renting less than three
rectal dwelling units as defined in 3 8.42.940.
E. No license shall be required for short term rentals as defined in 38.42.2835.
EF.The exemptions listed in subsections A, B, C, -D and E of this section do not apply to
a transaction,use, or business involving marijuana.
Section 4
That Chapter 38, Articles 8 (Residential Zoning Districts), 9 (Residential Emphasis Mixed-
Use Zoning District), 10 (Commercial Zoning Districts), and 11 (Urban Mixed-Use Zoning District)
of the Bozeman Municipal Code be amended to remove the term "extended stay lodging" as a type
of authorized use, and to add "short term rental" as an authorized use in certain zoning districts, as
follows:
Table 38.08.020
Authorized Uses
Table of Residential Uses
R-S iR-1 11-2 R-3 R-4 R-5 R-O R M H
Extended stay ledgings C_ C_ IG -P -P -P
Short term rentals(Type 1) P P P P P P P _
Short term rentals(Type 2) — — P P P P P —
Short term rentals(Type 3)
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Ordinance 1974,Regulating Short Term Rentals
Table 38.09.020
Table of Uses
Table of Uses Maximum Gross Building Area Authorized Uses
Extended- ledS+", � ,nffShort term rentals(all types) 40,000 P
Table 38 10.020
Authorized Uses
Table of Commercial Uses
B-1 B-2 B-2M B-3
Extended stay l,,d o Short term rentals (all types) -- P P P
Table 38.11.020
Table of Uses Authorized Uses
----- --
Extended stay i,,d&igsShort term rentals all types) P
Section 5
That Chapter 38,Article 42 of the Bozeman Municipal Code be amended as follows:
Sec. 38.42.390. - Bed and breakfast.
A single-household dwelling which remains owner-occupied at all times providing one or
more guest rooms for compensation, and where food service is limited to breakfast which may be
served to overnight guests only.
Sec. 38.42.940. - Dwelling.
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Ordinance 1974,Regulating Short Term Rentals
A building, or portion thereof, meeting the requirements of the city's adopted International
Building Code and used by one household, as defined by this article, for residential purposes.
Dwellings may exist
in many configurations, including single-household, two-household, multiple-household
dwellings and group homes. Dwellings do not include hotels, motels, ex4ended stay lodgings or
tourist h,,nw- Type-3 short term rentals as defined in article 22.
Sec. 38.42.1040. - E)aended stay ledgli g-sReserved.
Craest rooms intended or designed to be used, or whieh are used, rented or hifed out to b-e
for food preparation, ineluding, but not limited to, sueh f4eilities as refrigerators, stoves an
evens. Generally an individual guest will not exeeed 30 days stay. This definition ineludes
dwelling units used, rented or hired otA for-vaeation haffies.
Sec. 38.42.1410. - Hotel or motel.
A building or a group of buildings in which lodging is provided and offered to transient
guests for compensation; the term "hotel or motel" shall not include a boardinghouse, extended
stay l dgi - short term rental, lodginghouse or roominghouse.
Sec. 38.42.2835. — Short term rental.
A vacation home, tourist home as defined in MCA 50-51-102, a dwelling as defined in
38.42.940, accessory dwelling unit, or room within a vacation home or dwelling, which is rented
by or on behalf of the owner to the general public for compensation for transient occupancy as
provided for in article 22.
Section 6
That the Bozeman Municipal Code be amended by adding a new section 250, Short term
rentals, to Chapter 38, Article 22, Unified Development Code — Standards for Specific Uses, as
follows:
Sec.38.22.250.—Short term rentals.
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Ordinance 1974,Regulating Short Terns Rentals
A. Purpose and intent.
The purpose of this article is to provide for the regulation of short term rentals in certain zoning
districts within the city in order to preserve neighborhood character while encouraging economic
activity and diversity, and to promote public health, safety, and welfare.
B. Applicability.
1. The provisions of this article apply only to short term rentals as defined herein.
2. This article does not apply to any rental of a dwelling unit which is governed and
defined by The Montana Residential Landlord and Tenant Act of 1977 (Landlord
Tenant Act). This article applies only to transient occupancy of a short term rental as
defined herein.
3. A lower-priced or moderate-priced home subject to and defined by chapter 38, article
43,or a dwelling that received financial support from the city,including but not limited
to down payment assistance, impact fee payment, or other financial subsidy, may not
be used as a short term rental until such time as the lien instrument against the property
in favor of the city securing the amount of such subsidy has been released and the
release recorded with the Gallatin County Clerk and Recorder's Office.
C. Definitions.
For purposes of this article,the following definitions apply:
1. Hosting platform means a person or entity that provides a means through which an
owner may advertise and offer for rent a short term rental to the general public.
2. Owner includes any part owner,joint owner,tenant in common,joint tenant,tenant by
the entirety, or lessee with exclusive possession under a valid long-term lease or rental
agreement.
3. Owner-occupied means the owner occupies the dwelling as his or her principal
residence for more than 50% of the calendar year.
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Ordinance 1974,Regtdating Short Term Rentals
4. Operation of or operating a short term rental means the short term rental has been
rented by or on behalf of the owner to the general public for compensation for transient
occupancy. "Operation of or "operating" a short term rental does not include mere
advertisement of or offering to rent short term rental(s).
5. Responsible person means the person responsible for addressing all maintenance,
nuisance, and safety concerns related to a short term rental.
6. Short term rental is defined in article 42 of this chapter.
7. Transient occupancy of a short term rental means occupancy which has the following
characteristics:
a. The period of occupancy is less than 28 consecutive days, and
b. The renter has a principal residence other than the short term rental, and
c. The short term rental is furnished with personal property necessary to make the unit
ready for immediate occupancy by the renter.
A. Short term rental classifications.
Short terms rentals are classified as:
a. Type-1: A short term rental of one or more bedrooms in an owner-occupied
dwelling while the owner is occupying the same dwelling unit for the entire rental
period.
b. Type-2:
(1) A short term rental of an owner-occupied dwelling if the owner is not occupying
the dwelling during the entire rental period.
(2) A short term rental of a permitted accessory dwelling unit (ADU) whether or
not the ADU's owner is present in the primary dwelling unit during the rental
period.
(3) A short term rental of one dwelling unit within a duplex whether or not the
duplex's owner is present in the duplex's other dwelling unit during the rental
period.
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Ordinance 1974,Regulating Short Term Rentals
C. Type-3: A short term rental that is not owner-occupied.
E. Where allowed. An owner may operate a short term rental in all zoning districts where
such use is authorized in Chapter 38, articles 8-11 and 14 subject to the requirements of
this article.
F. Compliance with laws.
1. In addition to the provisions of this article, the short term rental owner must comply
with all other applicable local, state and federal laws, including but not limited to city
parking regulations, including time limitations and ADA parking restrictions; lodging
facility use tax and accommodations sales tax regulations;health department permitting
requirements; the Americans with Disabilities Act; fair housing laws; building codes
and fire codes, and the nondiscrimination provisions in chapter 24, article 10. Loss of
any required permit or license will result in revocation of the short term rental
registration in accordance with subsection J of this section.
2. Compliance with all applicable laws and regulations is the sole responsibility of the
owner and city approval of an application for short term rental registration in no way
waives or transfers to the city such responsibility. In addition, the owner is solely
responsible for verifying the use of a property as a short term rental is compatible with
insurance and mortgage contracts, home owners' association covenants, rental
agreements and any other contracts which govern the use of the property.
G. Administration. The director will collect all registration fees and will issue registrations
and renewals thereof in the name of the city to all persons qualified under the provisions
of this article and has the power to:
1. Make rules. The director will promulgate and enforce all reasonable rules and
regulations necessary to the operation and enforcement of this article. All rules are
subject to city commission review and modification.
2. Adopt forms. The director will adopt all forms and prescribe the information to be
given therein.
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Ordinance 1974,Regulating Short Term Rentals
3. Obtain approvals. The director will submit all applications to interested city officials
for their approval as to compliance by the applicant with all city regulations which they
have the duty of enforcing.
4. Investigate. The director will investigate and determine the eligibility of any applicant
for a short term rental registration as prescribed herein.
5. Examine records. The director may examine the books and records of any applicant
when reasonably necessary to the administration and enforcement of this article.
6. Give notice. The director shall notify any applicant of the acceptance or rejection of
the application and will,upon the director's refusal of any registration,at the applicant's
request, state in writing the reasons therefor and deliver them to the applicant.
7. Record keeping. The director will maintain at all times a record of registered short
term rentals, including the full name of each registrant,the address at which such short
term rental is operated, the date of issuance, the fee paid therefor, the telephone and
address of the applicant, and the time such registration will continue in force.
H. Registration. The following requirements apply to all short term rentals unless otherwise
noted.
1. General. It is unlawful for any person to operate within the city a short term rental
without having first registered the short term rental with the Department of Community
Development. A separate registration shall be required for each short term rental.
2. Application; submittal materials. The applicant must complete and submit an
application for a short term rental registration to the Department of Community
Development using a form provided by the city. The form will include an
acknowledgement and agreement the short term rental meets and will continue to meet
the definition of short term rental classification(Type-1,Type-2,or Type-3) during the
registration term. Before the application will be accepted by the director,the applicant
must provide:
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Ordinance 1974,Regulating Short Term Rentals
a. The name, telephone number, address, and email address of all property owners
and of the responsible person, if different. If the property owner is a business, the
name(s) and contact information of all business owners must be provided.
b. The Montana Department of Revenue tax registration number for the short term
rental.
C. A sketch plan with a description of the short term rental, including street address,
number of bedrooms, and number of off-street parking spaces available for guests'
use.
d. Certification the short term rental meets and will continue to meet the definition of
short term rental classification(Type-1, Type-2, or Type-3) during the registration
term.
e. For Type-2 and Type-3 short term rentals, certification the applicant has read and
understood the standards in subsection I of this section and the property applied for
meets the standards.
f. For Type-2 short term rentals in residential zoning districts, certification that
residents adjacent to the proposed short term rental have been provided written
notice in accordance with subsection 6 of this section.
g. The registration fee and fire inspection fee.
3. Safety inspections.
a. Initial inspection. Prior to issuance of a short term rental registration, an inspection
by the city fire department must be completed and signed off by a city fire inspector,
or by an NFPA-certified fire inspector using an inspection form approved by the
city fire marshal. A fire inspection checklist form will be provided to the applicant
with the application materials. If a short term rental registration lapses for any
period of time,upon reapplication for registration an inspection must be completed
and signed off as described in this subsection before the short term rental
registration will issue.
b. Re-inspection. If re-inspection or multiple visits by a fire inspector are required
before the inspection form may be signed, additional inspection fees will apply.
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Ordinance 1974, Regulating Short Term Rentals
C. Subsequent inspections; self-certification. The city fire marshal may require a
repeat inspection on a periodic basis, and at any time upon complaint or evidence
of non-compliance. Applications for annual renewal of registration will include a
self-certification by the applicant that they continue to comply with the fire
inspection checklist. By applying for renewal of registration, the applicant will
acknowledge and agree that the city may randomly select a certain percentage, not
to exceed 10%, of the renewal applications for a full inspection as described in
subsection (a). If selected, the registration renewal will be conditioned on
completion of the fire inspection and payment of the fire inspection fee. The owner
of a short term rental selected for a full inspection will be allowed to continue to
operate the short term rental pending completion of the inspection, provided all
other renewal requirements have been met.
4. Safety hazards. The short term rental owner acknowledges that the city, or any
authorized representative thereof,have the right to suspend operation of any short term
rental when the city determines the rental is causing or contributing to an imminent
public health or safety hazard.
5. Fees. Short term rental registration and inspection fees shall be established by
resolution of the city commission.
6. Additional notice requirements for registrations and registration renewals of
Type-2 short term rentals in residential zoning districts. The applicant for a Type-
2 short term rental registration in a residential zoning district included in Table
38.08.020 must give notice on a form provided by the city to each residence adjacent,
including those residences adjacent across a public right-of-way and properties
connected to the applicant's property by property corners. The notice must include a
description of the proposed use and the name, address, telephone number and email
address (if any) of the responsible person.
7. Issuance of registration. Once the applicant submits the completed application form,
all required submittal materials, and registration and inspection fees, the director will
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Ordinance 1974,Regulating Short Term Rentals
review the application form and submittal materials and determine whether the short
term rental meets all city requirements for registration. The city will issue the short
term rental registration when:
a. The director determines the short term rental meets all city requirements for
registration; and
b. The applicant has provided either a signed pre-operational inspection report from
the health department indicating the short term rental may operate as a public
accommodation or a valid and current public accommodation license issued by the
state of Montana department of health and human services pursuant to Title 50,
Chapter 51, MCA.
8. Listing of registration. The short term rental registration form will require the
applicant to agree to inclusion in an online listing of short term rentals registered with
the city.
9. Display of short term rental registration number. The owner must include the short
term rental registration number in all listings of the short term rental on any hosting
platform and print advertising.
10. Change in ownership. A short term rental registration does not run with the land, and
a change in ownership of the short term rental terminates the registration. The new
owner wishing to continue operation of the property as a short term rental must apply
for registration following the process described in this section.
11. Expiration. Registrations issued pursuant to this article are valid for one year from
the month in which such registration is issued and will expire automatically unless
renewed in accordance with this section.
12. Renewal. The registrant may apply to renew the registration annually using a form
provided by the city. It is the registrant's responsibility to renew the registration on
time even if a courtesy reminder is not received by the registrant.
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Ordinance 1974,Regulating Short Term Rentals
I. Short term rental standards. The following requirements apply only to Type-2 and Type-
3 short term rentals unless otherwise noted.
1. Short term rental agreement; written rules for guests. The short term rental owner
must enter into a written rental agreement with the guest for each stay in the short term
rental.
a. The guest must be provided with a written list of rules applicable to the short term
rental with the rental agreement, and the rental agreement must include a written
acknowledgement by the renters of their agreement to comply with such rules.
b. The list of rules must include those rules required by this article to be included.
c. The list of rules must be prominently displayed within the short term rental.
2. Responsible person. The applicant must designate a person responsible for addressing
all maintenance, nuisance, and safety concerns related to a short term rental. The
responsible person must be available to take and respond to reports of concerns and
complaints 24 hours per day, 7 days per week during the registration term. The name
and contact information for the responsible person must be included in the list of rules.
3. Maximum occupancy for Type-2 and Type-3 short term rentals. The maximum
occupancy of a Type-2 or Type-3 short term rental is two persons per bedroom plus
two additional persons, except that this number may be reduced by the city based on
available parking spaces. The maximum occupancy will be noted on the short term
rental registration and must be included in the list of short term rental rules.
4. Maximum number of bedrooms that may be rented in a Type-1 short term rental;
maximum occupancy. The owner of a Type-1 short term rental may rent or offer for
rent up to two bedrooms in the dwelling, except that in a two-bedroom dwelling, only
one bedroom may be rented or offered for rent. No other area of the dwelling may be
rented or offered for rent. The maximum occupancy of a Type-I short term rental is
two persons per bedroom.
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Ordinance 1974,Regulating Short Term Rentals
5. Trash removal. The responsible person must ensure proper disposal of solid waste
pursuant to local and state rules, regulations and laws. The schedule for trash and
recycling collection and instructions for proper disposal must be included within the
short term rental rules.
6. Signage. Exterior signs identifying the unit as a short term rental are prohibited on
short term rentals. During a rental period, there must be a sign posted inside the front
door of the short term rental showing the locations of all fire extinguishers in the unit,
the gas shut-off valve, and fire exits.
7. Noise and nuisance
a. The owner of the short term rental must ensure that use of the short term rental by
guests is in compliance with the noise provisions of chapter 16, article 6 and all
nuisance provisions of the Bozeman Municipal Code.
b. A prohibition against making loud noise in such a manner as to disturb the quiet,
comfort or repose of a reasonable person of normal sensitivity must be included in
the short term rental rules.
c. All outdoor activities producing noise discernible from a neighboring property shall
cease by 10:00 p.m. This requirement must be included in the short term rental
rules.
J. Violations; enforcement.
1. Registration suspension or revocation. The director may suspend or revoke a short
term rental registration when the registrant commits one or more of the following acts
or omissions:
a. Failure to comply with any provision of this article;
b. Operating or allowing the operation of the short term rental in such a manner as to
create a public nuisance, cause a breach of the peace, constitute a danger to the
public health, safety, welfare or morals, or interfere with the rights of abutting
property owners;
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Ordinance 1974, Regulating Short Term Rentals
C. Cancellation of the health department's public accommodation license, tax
authority registration, or any other required permit; or
d. The securing of the registration by fraud or misrepresentation, to specifically
include false or incorrect information on the registration application.
2. Procedure. Should the director decide to suspend or revoke a registration, the
registrant will be given notice and an opportunity to respond following the procedures
in this subsection, except that should the director determine the short term rental or its
operation present a safety hazard or require immediate remedy,the director may order
operation of the short term rental to cease immediately.
a. The registrant will be notified in writing by the director at least seven days prior to
the action contemplated and the reasons therefore.
b. Upon receipt of the notice, the registrant may request a meeting with the director.
Such request must be in writing and must be received by the director within seven
days of the registrant's receipt of the notice. Failure on the part of the registrant to
request in writing a meeting and within the specified time period shall be a waiver
of the registrant's right to a meeting.
C. If a meeting is requested by the registrant,the director will set a time,date and place
and will so notify the registrant, in writing.
d. When a meeting is conducted, the city will present the evidence supporting the
contemplated action. The director may request evidence be presented by other
parties. The registrant may present evidence. The director will take all evidence
admitted under advisement and once a decision has been made the director will
notify the registrant of the findings and decision in writing.
3. Appeal. Any person aggrieved by a decision of the director will have the right to appeal
to the city commission by following the procedures in 38.35.030.
4. Unpaid fee constitutes debt. The amount of any unpaid fee, the payment of which is
required hereunder, constitutes a debt due the city.
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Ordinance 1974,Regulating Short Term Rentals
5. Violation constitutes a misdemeanor. In addition to suspension or revocation under
subsection A of this section, a knowing violation of this article constitutes a misdemeanor
punishable as described in 38.34.160.
Section 7
Grace period for registration of short term rentals authorized by this Ordinance.
A short term rental as defined in this Ordinance operating as of the effective date of this
Ordinance in a zoning district that, after the effective date of this Ordinance, will authorize such
use as a principal use must submit a complete application and appropriate fees within 60 days after
the effective date, or prior to expiration of a current business license for the short term rental,
whichever occurs last. Operation of a short term rental absent submitting a complete application
and applicable fees within such time period establishes such use as unlawful, constitutes a
misdemeanor punishable as described in 38.34.160 and may result in an enforcement action for
non-compliance with the requirements of this Ordinance. Applicants who submit a complete
application and applicable fees within such time period may continue to operate pending
completion of the fire inspection required in 38.22.250.G.4 by submitting a signed self-
certification on a form provided by the city that the short term rental meets applicable safety
requirements.
Section 8
"Grandfathering" grace period for registration as a legal nonconforming use.
A. Extended Stay Lodgings/Short Term Rentals Operating Lawfully Prior to the Effective
Date But As of Effective Date No Longer An Authorized Use: A property owner operating
an extended stay lodging/short term rental lawfully prior to the effective date of this
Ordinance (including permitted and conditionally permitted uses) but after the effective
date of this Ordinance the use will be prohibited must comply with the following. The
property owner must, no later than 60 days after the effective date of this Ordinance or
prior to the expiration of the current business license, whichever is later, submit an
application for registration of the short term rental,pay all applicable application fees, and
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Ordinance 1974,Regulating Short Term Rentals
bring the use into compliance with all requiremens of Sections 2 — 6 of this Ordinance.
Applicants who submit a complete application and applicable fees within such time period
may continue to operate pending completion of the fire inspection required in
38.22.250.G.4 by submitting a signed self-certification on a form provided by the city that
the short term rental meets applicable safety requirements.
B. Extended StaLodgings/Short Term Rentals Operating Unlawfully Prior to the Effective
Date and As of Effective Date No Longer An Authorized Use: Extended stay
lodgings/short term rentals operating without a valid business license or zoning
authorization prior to the effective date of this Ordinance, but the zoning regulations for
the district in which such use is located would have authorized such use prior to the
effective date of this Ordinance (if the owner had made application for such use), may
qualify for status as a legal nonconforming use only as provided below.
1. To qualify for status as a legal nonconforming use, a property owner operating an
extended stay lodgings/short term rental in R-1, R-S, R-2 and NEHMU without a
current city business license or zoning authorization is subject to and must comply
with the following:
a) Proof of operation. No later than 60 days after the effective date of this
Ordinance,the property owner must submit proof of operation of the short term
rental that demonstrates such use was actively and regularly conducted prior to
January 1, 2017. Proof of operation may be shown by one or more of the
following:
1) A city issued conditional use permit (CUP) for extended stay
lodging;
2) A city issued business license for extended stay lodging;
3) Bed tax registration with the Montana Department of Revenue and
proof of payment of bed taxes;
4) A public accommodations license with the Montana Department of
Health and Human Services; or
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Ordinance 1974, Regulating Short Term Rentals
5) Such other evidence as may be acceptable to the City Attorney.
b) Administrative Conditional Use Permit. Property owners seeking to have an
extended stay lodging use designated as a legal nonconforming use in the R-1,
R-S, R-2 and NEHMU zoning districts must, in addition to meeting the
requirements of C.a.1, above, submit an application for a CUP which will be
reviewed pursuant to 3 8.19.110, BMC, except that the review authority will be
the Director of Community Development. A CUP issued pursuant to this
section 8 does not run with the land and will terminate with a change of
ownership of the short term rental.
2. To qualify for status as a legal nonconforming use, a property owner operating an
extended stay lodgings/short term rental as a Type-3 short term rental in R-3, R-4,
R-5, and R-O without a current city business licnese or zoning authorization is
subject to and must comply with the following:
a) Proof of operation. No later than 60 days after the effective date of this
Ordinance,a property owner seeking to have their property designated as a legal
nonconforming use in the R-3, R-4, R-5, and R-O zoning districts must submit
proof that such use was actively conducted prior to the effective date of this
Ordinance. Proof of operation may be shown by one or more of the following:
1) A city issued conditional use permit (CUP) for extended stay
lodging;
2) A city issued business license for extended stay lodging;
3) Bed tax registration with the Montana Department of Revenue and
proof of payment of bed taxes;
4) A public accommodations license with the Montana Department of
Health and Human Services; or
5) Such other evidence as may be acceptable to the City Attorney.
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Ordinance 1974,Regulating Short Terns Rentals
C. Property owners whose use is subject to this section 8 and who fail to submit a complete
application for registration, including proof of operation and, if applicable, a complete
conditional use permit application along with all applicable fees within the time period
required herein will not be eligible for status as a lawful nonconforming use and will be
guilty of a misdemeanor punishable as described in 38.34.160, BMC, for non-compliance
with the requirements of this Ordinance.
Section 9
Reporting.
By July 31, 2019 the City Manager must report to the City Commission on the efficacy of
the regulations adopted pursuant to this Ordinance.
Section 10
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby,repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 11
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full
force and effect.
Page 20 of 22
Ordinance 1974,Regulating Short Term Rentals
Section 12
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 13
Codification.
This ordinance shall be codified as indicated in Sections 2-6.
Section 14
Effective Date.
This ordinance shall be in full force and effect on December 1, 2017.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 141h day of August, 2017.
CARSON TAYLOR
Mayor
ATTEST:
�F B o�,
ROBIN CROUGH •
City Clerk °f '___= •��
T.
F' 9rIN co.�,10
Page 21 of 22
Ordinance 1974,Regulating Short Term Rentals
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 1 lth day of
September, 2017. The effective date of this ordinance is December 1, 2017.
CARSON TAYLOR
Mayor
ATTEST: ,
B o2 ��
.. � � . ,
ROBIN CROUGH
City Clerk '*C,•.
1883
L9TIN CO �10
APPROVED AS TO FORM:
KAREN STANNAUGH
Assistant City Attorney
Page 22 of 22