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Home My WebLink About18- Conditions of Approval - 211 North Church Avenue - Dahlia House Short Term Rental Inter-office original to: City of Bozeman Department of Community Development 20 East Olive Street �A�'� � 2607326 Page: 1 of 5 03105/2018 02:19:32 PM Fee $35.00 Charlotte Mills - Gallatin County, MT MISC 11111111111111III1111111111111111111111111111111111111111111111111111111111111111111IN CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION CONDITIONS OF APPROVAL FOR THE DAHLIA HOUSE SHORT TERM RENTAL CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 211 N. CHURCH AVENUE,BOZEMAN,MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit(CUP)to allow a Type 3 Short Term Rental at 211 N. Church Avenue; and WHEREAS,the use is to be located on property that is legally described as Block 1, Lot 1, Babcock& Davis Addition to Bozeman Subdivision, located in the Section 07, Township 2 South(T2S), Range 6 East(R6E), P.M.M., City of Bozeman, Gallatin County, Montana; and WHEREAS,the use is to be located on property that is legally zoned R-2 (Residential- Two—household medium density)zoning district; and WHEREAS,the Conditional Use Permit is contained within the City of Bozeman Department of Community Development's application 18033; and WHEREAS,the Conditional Use Permit is required to register an existing Type 3 short term rental as a legal nonconforming use in the R-2 zoning district; and WHEREAS,the Conditional Use Permit application is subject to the following conditions of approval and code provisions: CONDITIONS OF APPROVAL 1. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not in any way create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The applicant shall update property description on rental websites to indicate that parking for large vehicles is not provided on-site due to limited parking space size and shall DOWNTOWN MONTANA HOUSE STR CUP 17566 Page l of 5 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION include in the property rules a requirement that parking encroachment over the City of Bozeman sidewalk is not allowed. The applicant is hereby advised that further parking violations at the property address for parking encroachment may result in revocation of the Conditional Use Permit. 3. The maximum occupancy of this short term rental is 6 persons. 4. The applicant must contact the City Water and Sewer Division Backflow Prevention Specialist(Jubal Whitlock, 406-582-3200)to inspect the water meter installation in the house. If it does not already exist, a backflow preventer must be added to the water meter installation to protect the public water supply. CODE PROVISIONS,BOZEMAN MUNICIPAL CODE (BMC): 1. Per Section 38.01.080&38.34.110,the proposed project shall be completed as approved and conditioned in the Conditional Use Permit application. Any modifications to the submitted and approved application materials shall invalidate the permit approval,unless the applicant submits the proposed modifications for review and approval by the Department of Community Development prior to undertaking said modifications.The only exception to this law is repair. 2. Per Section 38.19.110,in addition to all other conditions,the following general requirements apply to every conditional use permit granted: a) That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and b) If activity begins for which a conditional use permit has been given final approval,all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the city may revoke the approval through the procedures outlined in section 38.34.160. 3. Per Section 38.22.250.11, a short term rental registration does not run with the land, and a transfer in ownership of the short term rental terminates the registration. 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. 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. 4. All CUP applications for short term rentals are subject to the provisions of Sections 38.22.250 - .270. Specific applicable requirements include, but are not limited to,the following: A. 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. DOWNTOWN`MONTANA`HOUSE STR CUP 17566 Page 2 of 5 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION B. 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. C. 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. D. 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. E. 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. F. 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. G. 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. DOWNTOWN MONTANA HOUSE STR CUP 17566 Page 3 of 5 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION 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. NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted conditions of approval and code provisions for the Conditional Use Permit shall be binding upon the undersigned owner, of the subject property as long as the Type 3 short term rental remains at the property addressed at 211 N. Church Avenue. A change in ownership of the short term rental terminates the registration and the legal non-conforming status of the property. DATED THIS DAY OF 2018. DOWNTOWN MONTANA HOUSE STR CUP 17566 Page 4 of 5 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION Property Owner Signature f0 G26L vac Printed Name Title STATE OF MONTANA County of On this 5'day of 1 v\UC 1 , 2018, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Vni ora- known to me to be the �U 1� of J§e property owner that executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. JESSICA CURTIS C (Printed name) SE AfJc�tary Public �.�QTARlq4 _ r t�h'e""3�'tate of Montana Residing at: Notary Public for the State of Montana .SEAL Bozeman, Montana Residing at •••�.' My Commission Expires: '9-< OF Mot January 31,2021 My Commission Expires: (Use four digits for expiration year DOWNTOWN MONTANA HOUSE STR CUP 47566 Pages of 5