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Home My WebLink About18- Conditions of Approval - 626 East Cottonwood #2 - 626 East Cottonwood #2 Short Term Rental Inter-office original to: City of Bozeman Department of Community Development 20 East Olive Street 2614209 Page: 1 of 5 05/21/2018 11:40:18 AM Fee. $35.00 Charlotte Mills - Gallatin County, MT MISC 11111111111111 III�11111111,�11 IN 111111111111111111111111111111111111111111111111 IN PLATTED CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION CONDITIONS OF APPROVAL FOR THE 626 EAST COTTONWOOD#2 SHORT TERM RENTAL CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 626 EAST COTTONWOOD #2, 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 626 E. Cottonwood#2; and WHEREAS,the use is to be located on property that is legally described as Mill Street Loft Condo, S06, T02 S, R06 E, Condo Master, City of Bozeman, Gallatin County, Montana; and WHEREAS,the use is to be located on property that is legally zoned HMU(Historic Mixed Use) zoning district; and WHEREAS,the Conditional Use Permit is contained within the City of Bozeman Department of Community Development's application 18047; and WHEREAS, the Conditional Use Permit is required to register an existing Type 3 short term rental as a legal nonconforming use in the HMU 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, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Per Section 38.22.250.I.3, the maximum occupancy of a Type-3 short term rental is two persons per bedroom plus two additional persons, except this number may be reduced by the city based on 626-E.COTTONWOOD#2 STR CUP 18047 Page 1 of 5 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT APPLICATION 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. The three-bedroom subject property has a maximum parking potential of one assigned off-street space and another potential space shared with the other condominium owners, therefore occupancy must be limited to four(4)people. 3. The applicant must contact the City Water and Sewer Division Backflow Prevention Specialist to inspect the water meter installation in the building. If it does not already exist,a backflow preventer must be added to the water meter installation to project 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. 626 E.COTTONWOOD#2 STR CUP 18047 Page 2 of 5 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT APPLICATION B. Shoat 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. 626 E.COTTONWOOD#2 STR CUP 18047 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 626 E. Cottonwood#2. 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 lqex' , 2018. 626 E.COTTONWOOD 92 STR CUP 18047 Page 4 of 5 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION Property Owner ature Printed Name Title STATE OF MONTANA :ss County of GQ U �, ) a t� On this /7- day of Z oe , 2018, before me, the undersigned, a Notary Public for the State of Montan;jersonally appeared u I «�a ��o f , known to me to be the / of NZA 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. /"ez� M.Mcco,. Sea M.McCormick (Printed name) �0a°�o�^aiq< NOTARY PUBLIC for the Notary Publics for the State of Montana State of Montana Residing at C� O crh 4n * SEAL * Residing at Bozeman,Montana My commission Expires My Commission Expires: July 22,2021 (Use four digits for expiration ear) 626 E. COTTONWOOD#2 STR CUP 18047 Page 5 of 5