HomeMy WebLinkAbout18- Conditions of Approval - 1313 South Willson Avenue - Willson House Short Term Rental Inter-office original to:
City of Bozeman
Department of Community Development
20 East Olive Street
2607575
Page: 1 of 4 03/08/2018 10:28:38 AM Fee: $28.00
Charlotte Mills - Gallatin County, MT MISC
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
CONDITIONS OF APPROVAL FOR THE
WILLSON HOUSE SHORT TERM RENTAL
CONDITIONAL USE PERMIT
FOR PROPERTY LOCATED AT
1313 SOUTH WILLSON 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 1313 South Willson Avenue; and
WHEREAS, the use is to be located on property that is legally described as the BUTTE
ADD,S18,T02 S, R06 E, Block 18, Lot 7-8, City of Bozeman, Gallatin County, Montana; and
WHEREAS,the use is to be located on property that is legally zoned R-1 (Residential
Single-household Low Density)zoning district; and
WHEREAS,the Conditional Use Permit is contained within the City of Bozeman
Department of Community Development's application 17588; 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-1 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 maximum occupancy of this short term rental is 8.
WILLSON HOUSE STR CUP 17588 Page I of 4
- CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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.
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.
WILLSON HOUSE STR CUP 17588 =_ Page 2 of 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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.
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 1313 South Willson 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 1 ""� C' v \ ,2018.
WILLSON HOUSE STR CUP 17588 Page 3 of 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
Property Owner
Signature
Printed Name
o
Title
STATE OF MONTANA
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County of�-,�!/u ►,_ )
On this e day of MoAu, , 2018, before me, the undersigned, a Notary Public for the State
of Montana, personally appeared ,4" /74uA-� , known to me to be the
119 60 A.e1Y'_ of ,the 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.
(SEAL) (Printed name)
Notary Public e State of Montana
Residing
DENISE STAHL a�sE STQ' M fissi Expires:
Notary Public y on p
:'N0-fAR1,g4. for the State of Montana se four digits for expiration year)
Residing at:
9SEAL:
•. •P=�; Belgrade, Montana
, o My Commission Expires:
F, August 24,2020
WILLSON HOUSE STR CUP 17588- Page 4 of 4