HomeMy WebLinkAbout23- Ordinances 2149 - Adoption of Short Term Rentals Text AmendmentPage 1 of 18
ORDINANCE 2149
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA TO GENERALLY REVISE BOZEMAN MUNICIPAL CODE RELATED
TO SHORT TERM RENTALS INCLUDING GENERALLY REVISING SECTION
38.360.260 – SHORT TERM RENTALS INCLUDING: DISCONTINUING AND
PROHIBITING TYPE 3 SHORT TERM RENTALS AS AN AUTHORIZED USE IN ANY
ZONING DISTRICT; CREATING DEFINITIONS OF “HOST” AND “PRIMARY
RESIDENCE,” WHICH REQUIRES A PERSON TO OCCUPY A DWELLING UNIT FOR
SEVENTY PERCENT OF THE CALENDAR YEAR; CREATING NEW CATEGORIES
AND REGULATIONS FOR TYPE 2 SHORT TERM RENTALS; AMENDING LAND USE
TABLES 38.310.030.B AND 38.310.040.B TO IDENTIFY SHORT TERM RENTALS AS
AN ACCESSORY USE; AND AMENDING THE DEFINITIONS OF “DWELLING” AND
“SHORT TERM RENTAL” IN BOZEMAN MUNICIPAL CODE DIVISION 38.700.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of
Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and
WHEREAS, pursuant to the Bozeman City Charter, in addition to authority to regulate
short term rental conferred upon it by the State of Montana, the City of Bozeman hereby relies
upon its self-government powers; and
WHEREAS, after proper notice, the Community Development Board in their capacity as
Bozeman Zoning Commission held a public hearing on October 2, 2023 to receive and review all
written and oral testimony on this proposed ordinance; and
WHEREAS, the Community Development Board acting in their capacity as the Bozeman
Zoning Commission recommended to the Bozeman City Commission that Ordinance 2149 be
approved with amendments and
WHEREAS, after proper notice, the City Commission held its public hearing on October
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17, 2023 to receive and review all written and oral testimony on the proposed amendment to the
City’s short term rental regulations. The City Commission recommended an amendment to the
proposal and voted to provisionally adopt the Ordinance as amended; and
WHEREAS, the City Commission has reviewed and considered the applicable amendment
criteria established in Montana Code Annotated § 76-2-304, and found the proposed amendments
are in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The Montana Constitution, Article XI, § 4(2), states the powers of incorporated cities, which
shall be liberally construed, and Article XI, § 6 of the Montana Constitution expressly authorizes
a local government with self-government powers to exercise any power not prohibited by the
constitution, law, or charter.
2. The City has adopted land development and use standards to protect public health, safety and
welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102 and 76-2-
304.
3. The City Commission approved The Bozeman Community Housing Action Plan on November
18, 2019, which was amended on January 13, 2020. The Action Plan recommends on-going
evaluation of regulatory policies including: prohibiting or limiting the use of homes for short-term
rentals in specified neighborhoods or zones; placing resident-occupancy requirements on units that
are rented short-term; requiring a host to obtain approval from the City prior to using property as
a short-term rental and authorizing the city to charge fees, and other options.
4. On August 9, 2022, the Bozeman City Commission held a work session to discuss short term
rentals and their influence on the local housing market and home affordability. The City
Commission directed staff to draft an ordinance regulating short term rental online booking
platforms as one measure to increase compliance with existing regulations, and to require regular
reporting to obtain more information about short term rentals in Bozeman. Ordinance 2131 was
adopted in response and became effective on August 11, 2023.
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5. On August 8, 2023, the Bozeman City Commission held another work session to discuss short
term rentals and their influence on the local housing market and home affordability. The City
desires to preserve its available housing stock and the quality of life in its residential
neighborhoods and to alleviate the impacts to residential neighborhoods caused by the operation
of short term rentals. The short term rental of a person’s primary residence does not displace the
primary resident from the dwelling unit and does not cause as significant a removal of existing
housing stock from the market or as negative an impact to the available housing stock. Therefore,
the City Commission directed staff to draft an ordinance restricting the types of short term rentals
allowed within the City of Bozeman, increasing the amount of time a person must occupy their
primary residence to be allowed to offer the residence as a short term rental, and regulate the short
term rental of accessory dwelling units on the same lot or dwellings in the same building as a host’s
primary residence (e.g. duplex, triplex, fourplex, and apartment buildings).
6. City staff prepared a report with this Ordinance analyzing the required criteria for an
amendment to the City’s regulations for zoning review, including the amendment’s accordance
with the Bozeman Community Plan 2020, and found that the required criteria of Montana Code
Annotated § 76-1-304 are satisfied.
7. The City Commission determines this Ordinance provides a proper balance of interests, rights,
and responsibilities of all parties affected by the ordinance and substantially complies with the
Bozeman Community Plan 2020 and complies with all applicable State criteria for adoption of
zoning regulations.
Section 2
That Section 38.360.260 of the Bozeman Municipal Code be amended as follows:
Sec. 38.360.260. Short term rentals.
A. Purpose and intent. The purpose of this section is to provide for the regulation of short term
rentals in certain zoning districts within the city in order to preserve neighborhood character
and promote a supply of long term rental housing stock, while encouraging economic activity
and diversity, and to promote public health, safety, and welfare.
B. Applicability.
1. The provisions of this section apply to transient occupancy of a short term rental as
defined herein.
2. This section 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).
3. A lower-priced or moderate-priced home subject to and defined by chapter 38, article
380, or a dwelling that received financial support from the city, including but not limited
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to down payment assistance, impact fee payment, or other consideration including
affordable units developed using regulatory incentives, infrastructure prioritization or
assistance or a financial subsidy, may not be used as a short term rental until such time as
either 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 or the expiration of an applicable affordability covenant. The
prohibition on use as a short term rental under this subsection will continue until the later
of a lien release or expiration of an affordability covenant.
C. Definitions. For purposes of this article, the following definitions apply:
1. "Booking transaction" means any reservation or payment service provided by a hosting
platform that facilitates a short term rental transaction between an owner and a transient
occupant.
2. “Host” means a natural person who occupies a dwelling unit as the person’s primary
residence and has the legal right to offer the dwelling unit for use as a short term rental.
32. "Hosting platform" means a person or entity that participates in the short term rental
business by collecting or receiving a fee directly or indirectly for any booking transaction
through which an owner may offer a dwelling unit or portion thereof for transient
occupancy. Hosting platform includes but is not limited to an online service and an
individual using any other means to collect or receive a fee on behalf of an owner for a
transient occupancy of a short term rental.
3. "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.
4. "Owner-occupied" means the owner provides the city evidence the owner occupies the
dwelling as his or her principal residence for more than 50 percent of the calendar year.
45. "Operate, operation of," or "operating a short term rental" means the short term rental has
been rented by or on behalf of the host owner to the general public for compensation for
transient occupancy. "Operate" "operation of" or "operating" a short term rental does not
include mere advertisement of or offering to rent short term rental(s).
5. “Primary residence” means the dwelling unit a natural person occupies for a minimum of
seventy percent of the calendar year. A natural person can have only one primary
residence.
6. "Responsible person" means the person responsible for addressing all maintenance,
nuisance, and safety concerns related to a short term rental, as designated by the host.
7. "Short term rental is defined in article 7 of this chapter."
8. "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 person(s) occupying the short term rental renter has a primary principal
residence other than the short term rental.
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D. Short term rental classifications. Short terms rentals are classified as:
1. Type-1: A short term rental of one or more bedrooms in an owner-occupied dwelling a
host’s primary residence while the host owner is occupying the same dwelling unit for the
entire short term rental period.
2. Type-2: A Type-2 short term rental is the short term rental of a dwelling unit if the host is
not occupying the dwelling unit during the entire short term rental period. Type 2 short
term rentals include:
a. Type-2A: A short term rental of an owner-occupied a dwelling unit if the host owner
is not occupying the dwelling unit during the entire short term rental period. The
dwelling unit offered as a short term rental must be the host’s primary residence, as
defined herein.
b. Type-2B: A short term rental of an permitted accessory dwelling unit (ADU) on the
same lot as the host’s primary residence, or a short term rental of no more than one
additional dwelling unit in the same building as the host’s primary residence
regardless of whether or not the ADU's owner host is present in the primary dwelling
unit host’s primary residence during the short term rental period.
c. 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.
3. Type-3: A short term rental that is not owner-occupied.
E. Where allowed. An owner host may operate a short term rental in all zoning districts where
such use is authorized in chapter 38 subject to the requirements of this chapter and pursuant to
a valid and current short term rental hosting permit.
F. Compliance with laws.
1. In addition to the provisions of this chapter, the short term rental owner a host 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 non-discrimination provisions in chapter 24, article 10. Loss of any
required permit or license will result in revocation of the short term rental registration
hosting permit in accordance with subsection J. of this section.
2. Compliance with all applicable laws and regulations is the sole responsibility of the host
owner. City approval of an application for a short term rental hosting permit registration
in no way waives or transfers to the city such responsibility. In addition, the owner host 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 permit fees and will issue permits and renewals
thereof in the name of the city to all persons qualified under the provisions of this chapter and
has the power to:
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1. Make rules. The director will promulgate and enforce all reasonable rules and regulations
necessary to the operation and enforcement of this section, including, but not limited to,
providing alternative means to comply with hosting platform reporting requirements of
38.360.260.J.2. by maintaining an online tool accessible to the city that includes all
required data. 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.
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 permit as prescribed herein.
5. Examine records. The director may examine the books and records of any host applicant
when reasonably necessary to the administration and enforcement of this section. The city
may issue administrative subpoenas as necessary to obtain information regarding a short
term rental or booking transaction.
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 permit and at the applicant's
request, state in writing the reasons for the denial and deliver it to the applicant.
7. Record keeping. The director will maintain at all times a record of permitted short term
rentals, including the full name of each host permittee, the address at which such short
term rental is operated, the date of issuance, the fee paid therefor, the telephone and
address of the host applicant, and the time such permit will continue in effect.
H. Hosting Permits. The following requirements apply to all short term rentals hosting permits
unless otherwise noted.
1. General. It is unlawful for any person to operate within the city a short term rental
without having first obtained approval for a short term rental hosting permit with the
department of community development. A separate permit shall be required for each
short term rental. Approval of a short term rental application results in the city issuing a
permit for the short term rental.
2. Application; submittal materials. The applicant must complete and submit an application
for a short term rental hosting permit 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-2A, or Type-2B3) during the permit term. Before the
application will be accepted by the director, the applicant must provide:
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.
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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-2A, or Type-2B3) during the
registration term.
e. For Type-2 and Type-3 short term rentals, c Certification the applicant has read, and
understood understands, and acknowledges the standards in subsection I. of this
section, and the property applied for meets the standards is the applicant’s primary
residence, and the applicant has the legal right to offer the dwelling unit for use as a
short term rental.
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 subsection.
fg. All hosting platforms on which the short term rental is listed.
gh. The permit fee and fire inspection fee.
3. Safety inspections.
a. Initial inspection. Prior to issuance of the first short term rental hosting permit for
any property, an inspection by the city fire department must be completed and
signed off by a city fire inspector, or by an NFPA or ICC-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 hosting permit lapses for any period of time, upon reapplication for
a permit an inspection must be completed and signed off as described in this
subsection before the short term rental hosting permit will be issued.
b. Re-inspection. If re-inspection or multiple visits by a fire inspector are required
before the inspection form may be signed, an additional inspection fee will apply for
each inspection after the initial inspection.
c. Subsequent inspections; self-certification. A short term rental must be inspected by
the city fire department every three years. The host applicant must self-certify
continued compliance with each item on a fire inspection checklist upon annual
renewal of a permit for each year that an inspection is not required. The city fire
marshal may require a repeat inspection at any time upon complaint or evidence of
noncompliance.
4. Safety hazards. The host 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 short term rental is causing or contributing to an
imminent public health or safety hazard.
5. Fees. Short term rental hosting permit and inspection fees shall be established by
resolution of the city commission.
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6. Issuance of permit. Once the applicant submits the completed application form, all
required submittal materials, and registration and inspection fees, the director will review
the application form and submittal materials and determine whether the short term rental
meets all city requirements for permit. The director may issue the short term rental
hosting permit when:
a. The director determines the short term rental meets all city requirements for a
permit; 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 MCA Title
50, Chapter 51.
7. Display of short term rental hosting permit registration number. The host owner must
include the short term rental hosting permit number issued by the city in all listings and
advertisements, of the host’s owner's short term rental on any hosting platform and print
advertising.
8. Change in status of host ownership. A short term rental hosting permit does not run with
the land, and a change in ownership primary residence status of the short term rental host
terminates the permit. In order for the dwelling unit to remain eligible for use as a short
term rental after a host no longer uses the dwelling unit as their primary residence, a new
application identifying a new host as primary resident must be submitted to the city.
9. Expiration. Permits issued pursuant to this section are valid for one year from the month
in which such permit is issued and will expire automatically unless renewed in
accordance with this section.
10. Renewal. The host registrant may apply to renew the permit annually using a form
provided by the city. Renewals must comply with the requirements of this Code which
are in place at the time of renewal. Failure of an applicant host to renew a permit results
in the termination of the lawful use of a property as a short term rental. It is the host’s
permitee's responsibility to renew the short term rental hosting permit prior to the
expiration of the permit. Failure of an applicant a host to renew a short term rental
hosting permit prior to the expiration of the current permit period requires the host
applicant to file a new permit application for a short term rental hosting permit and is
subject to the initial inspection and fee.
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 guests renters of their agreement to comply with such
rules.
b. The list of rules must include those rules required by this section to be included.
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c. The list of rules must be prominently displayed within the short term rental.
2. Responsible person. The host short term rental owner 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, seven days per week during the registration
term of the short term rental hosting permit. 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 hosting
permit 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-1 short term rental is two persons
per bedroom.
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. 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 host 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 this 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. Hosting platforms obligations.
1. Compliance with laws. In addition to the provisions of this section, a hosting platform
must comply with all other applicable local, state and federal laws.
2. Reporting requirements. A hosting platform must provide a report to the city on a
quarterly basis that includes, but is not limited to the following:
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a. The address of each short term rental located in the city for which it conducts a
booking transaction;
b. The name of any host owner or responsible person for each transient occupancy for
which the hosting platform conducted a booking transaction.
3. Required information for booking transaction. A hosting platform must include the city
permit number in all hosting platforms' publicly available listings prior to performing a
booking transaction for each short term rental within the city.
4. Obligation to remove listings. If the hosting platform has reason to believe a short term
rental is in violation of any provision of this Code, including but not limited to notice
from the city of a violation or an owner's a host’s failure to supply to the hosting platform
the city permit number for the short term rental, the hosting platform must remove the
listing from its hosting platform within ten business days.
K. Violations; enforcement.
1. Registration suspension or revocation. The director may suspend or revoke a short term
rental hosting permit, impose administrative remedies as provided herein, or enforce a
suspension or revocation through a civil action when the host permittee commits one or
more of the following acts or omissions:
a. Failure to comply with any provision of this Code;
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;
c. Cancellation of the health department's public accommodation license, tax authority
registration, or any other required permit; or
d. The securing of the permit by fraud or misrepresentation, including but not limited
to supplying false or incorrect information on the permit application.
2. Procedure. Should the director decide to suspend or revoke a hosting permit, the host
permittee 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 host permittee 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 host permittee 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 host’s permittee's receipt of the notice. Failure on the part of the
permittee to request in writing a meeting and within the specified time period shall
be a waiver of the host’s permittee's right to a meeting.
c. If a meeting is requested by the host permittee, the director will set a time, date and
place and will so notify the host permittee, in writing.
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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 host permittee may present evidence. The director will take all evidence
admitted under advisement and once a decision has been made the director will
notify the host permittee of the findings and decision in writing.
3. Civil penalty. The director may recover the following civil penalties for any violation of
this section. Each day a violation continues constitutes a separate violation.
a. For any violation by a host an owner, the director may recover a civil penalty of not
more than $500.00.
b. For any violation by a hosting platform, the director may recover a civil penalty of
not more than $500.00.
4. Appeal. An aggrieved person may file an application to appeal the matter to the city
commission according to the procedures in section 38.250.030.
5. Unpaid fee constitutes debt. The amount of any unpaid fee, the payment of which is
required hereunder, constitutes a debt due the city.
6. Violation constitutes a misdemeanor. In addition to suspension or revocation under
subsection A. of this section, or the imposition of a civil penalty as provided herein, a
knowing violation of this article constitutes a misdemeanor punishable as described in
section 38.200.160 except a person may not be imprisoned for a violation of this section.
Section 3
That section 38.310.030. Authorized uses—Residential zoning districts be amended as follows:
Table 38.310.030.B
Permitted accessory and non-residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the
subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the
footnotes immediately following the table.
Uses Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
Accessory uses
Essential services
Type I*
A A A A A A A A
Guest house* A A A A A A A —
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Home-based
businesses
(38.360.150)*
A/S A/S A/S A/S A/S A/S A/S A/S
Other buildings and
structures typically
accessory to
authorized uses
A A A A A A A A
Private or jointly
owned recreational
facilities
A A A A A A A A
Signs*, subject to
article 5 of this
chapter
A A A A A A A A
Temporary buildings
and yards incidental
to construction work
A A A A A A A A
Temporary sales and
office buildings
A A A A A A A A
Non-residential uses
Agricultural uses*
on 2.5 acres or more
(38.360.270)
P — — — — — — —
Agricultural uses* on
less than 2.5 acres
(38.360.270)
S — — — — — — —
Bed and breakfast* S S S S P P P —
Commercial stable
(38.360.230)
S — — — — — — —
Community centers* S S S S S S P S
Day care centers* S S S P P P P S
Essential services
Type II*
P P P P P P P P
Essential services
Type III*2
S S S S S S S S
Short Term Rental
(Type 1)*
P A PA PA PA PA PA PA —
Short Term Rental
(Type 2)*
— — P A P A P A P A P A —
Short Term Rental
(Type 3)*
— — — — — — — —
General service
establishment*
— — — — — — P5 —
Golf courses S S — — — — — —
Offices* — — — — S3 S3 P —
Public and private
parks
P P P P P P P P
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Medical offices,
clinics, and centers*
— — — — S S3 P —
Recreational vehicle
parks (38.360.210)*
S — — — — — — P
Restaurant* — — — — — P4 P5, 6 —
Retail* — — — — — P4 P5, 6 —
Veterinary uses S — — — — — — —
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the
underlying growth policy land use designation. Where the district lies over a residential growth policy
designation the primary use shall be non-office uses; where the district lies over a non-residential
designation the primary use shall be office and other non-residential uses. Primary use shall be measured by
percentage of building floor area.
2. Only allowed when service may not be provided from an alternative site or a less intensive installation or
set of installations.
3. Only when in conjunction with dwellings.
4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street corner sites
within a mixed-use building featuring residential units next to and/or above subject uses.
5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant.
6. These uses may not include drive-through facilities.
Section 4
That section 38.310.040 be amended as follows:
Table 38.310.040.B
Permitted services and temporary lodging uses in commercial, mixed-use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code
section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the
footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable
development conditions.
5. Where a number with a "sf" reference appears below a P or S in the box, it means that the use is permitted or
conditionally permitted up to the (maximum) listed square footage in gross building area.
Uses Zoning Districts
Commercial Mixed Use Industrial PLI
B
-
11
B-2 B-2M B-3 UMU
(38.310.050)
REMU
(38.310.060
)
NEHMU2 BP M-1 M-2
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Personal and general service
Animal
shelters
— — — — — — S — S S —
Automobile
washing
establishment*
— P P P S S P — P P —
Daycare—
Family, group,
or center*
P P P P3 P P P/A4 P/A4 S/A
4
S/A4 P
General
service
establishment*
P P P P P P P P P S —
Health and
exercise
establishments
*
P P P P P P P S/A4 P P —
Heavy service
establishment*
— P P S P S P — P P —
Medical and
dental offices,
clinics and
centers*
P P P P3 P P P P P P —
Mortuary — S S S S — — — — — —
Offices* P P P P3 P P P P5 P P —
Personal and
convenience
services*
P P P P P P A A A A —
Truck repair,
washing, and
fueling
services
— — — — — — S — S P —
Temporary lodging
Bed and
breakfast*
— — — — — P S — — — —
Short Term
Rental (Type
1)*
— PA P A P A P A P A P A — — — —
Short Term
Rental (Type
2)*
— P A P A P A P A P A P A — — — —
Short Term
Rental (Type
3)*
— P P P P P — — — — —
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Hotel or motel* — P P P P P
40,000sf
P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for those not listed in this
table).
3. Use not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue to
Rouse Avenue and from the alley one-half block north of Main Street to the alley one-half block south of Main Street) unless visitor
access is available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front
building façade adjacent to a street.
4. If primarily offering services to a single business or group of businesses within the same building or building complex.
5. Professional and business offices only.
Section 5
That section 38.700.050. – D definitions be amended as follows:
Dwelling. 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, or
motels, Type-3 short term rentals as defined in section 38.360.260.
Section 6
That section 38.700.170. – S definitions be amended as follows:
Short Term Rental. A vacation home, tourist home as defined in MCA 50-51-102, a dwelling
as defined in section 38.700.050, 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 section 38.360.260.
Section 7
Legacy Type 3 Short Term Rentals.
A. Requirements to continue a Type 3 short term rental. A Type 3 short term rental with an
active permit operating lawfully prior to the effective date of this Ordinance, and where a
Type 3 is prohibited after the effective date of this Ordinance, is eligible, subject to the
requirements of this section, to receive an annual permit after the effective date of this
Ordinance to operate a compliant “Legacy Type 3” short term rental.
To qualify a short term rental as a Legacy Type 3, a host must comply with the following:
1. Prior to the expiration of a current Type 3 permit and on an annual basis
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thereafter, a host must apply to renew the annual permit, pay all applicable
application fees, and be fully in compliance with the requirements of
38.360.260.A – C and 38.360.260.E – I, BMC, as amended by this Ordinance and
any subsequent amendments to this chapter.
2. To continue to remain eligible to qualify for a Legacy Type 3 permit for every
subsequent year, a short term rental permit cannot expire. If in any permit year the
host of a Legacy Type 3 short term rental fails to renew the annual permit prior to
the permit’s expiration, then, upon the expiration of the permit, the property is no
longer eligible to be used as a Type 3 short term rental.
3. A person who seeks to qualify for a Legacy Type 3 short term rental who submits
a complete application, pursuant to the requirements of section 38.360.260.H.2,
for a Type 3 short term rental prior to the effective date of this Ordinance is
eligible to be considered a Legacy Type 3 short term rental if the permit is
approved, notwithstanding that the permit may be issued no longer than 180 days
after the effective date of this Ordinance to allow completion of final issuance of
the state tax registration number, completion of safety inspections, and approval of
a health department public accommodations license.
4. If the review authority determines a current Legacy Type 3 short term rental
permit is forfeited for any reason including but not limited to a change in the status
of the host pursuant to 38.360.260.H.8, the property is no longer eligible to be
used as a Type 3 short term rental and will forfeit its status as a Legacy Type 3
short term rental.
5. If the review authority revokes a Legacy Type 3 permit pursuant to 38.360.260.K,
the property is no longer eligible to be used as a Type 3 short term rental and will
no longer be considered a Legacy Type 3 short term rental.
6. Legacy Type 3 short term rental hosts are subject to all violation and enforcement
provisions in 38.360.260.K, BMC.
B. Conversion of a Type 3 short term rental. A Legacy Type 3 short term rental may convert
to any other type of short term rental authorized by and in compliance with section
38.360.260, BMC, subject to approval of a new short term rental permit. The conversion
of a Type 3 short term rental to another permissible type of short term rental extinguishes
the ability for the property to ever revert to a Legacy Type 3 short term rental.
C. Unlawful Type 3 short term rentals must cease operation. Type 3 short term rentals
operating unlawfully after the effective date of this Ordinance are not eligible to receive
an annual permit or continue operating a Type 3 short term rental and will not be eligible
to operate a Legacy Type 3 short term rental. The host of any unlawfully operating short
term rental is subject to the violation and enforcement provisions of 38.360.260.K.
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Section 8
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 9
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.
Section 10
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 11
Codification.
This Ordinance shall be codified as indicated in Sections 2 through 6.
Section 12
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the day of , 20 .
CYNTHIA L. ANDRUS
Mayor
ATTEST:
MIKE MAAS
City Clerk
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 of
, 20 . The effective date of this ordinance is , , 20 .
CYNTHIA L. ANDRUS
Mayor
ATTEST:
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
GREG SULLIVAN
City Attorney
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