HomeMy WebLinkAbout26307 2026 UDC Housekeeping 1 - Legacy STR - CDB Recommendation Draft
ORDINANCE ______
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING BOZEMAN MUNICIPAL
CODE SECTION 38.300.020 – ALLOWED USE TABLE – TO ALLOW AS AN ACCESSORY USE SHORT TERM RENTAL TYPE 2
IN THE RA ZONING DISTRICT.
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 Title 76, Chapter 25, Montana Code
Annotated, the Montana Land Use Planning Act; and
WHEREAS, pursuant to the Bozeman City Charter, in addition to authority
to regulate short term rentals (STRs) conferred upon the City by the State of Montana, the City hereby relies upon its
self-government powers; and
WHEREAS, the City has adopted regulations for STRs pursuant to Ordinance 1974 (effective December 1,
2017), Ordinance 2131 (effective August 11, 2023) and Ordinance 2149 (effective December 13, 2023); and
WHEREAS, on December 16, 2025, the City Commission adopted Ordinance 2025-12-2151, known as the
Unified Development Code Update (UDC Update), which, among other actions, consolidated the R-S, R-1 and R-2
zoning districts into a new zoning designation of RA; and
WHEREAS, prior to the UDC Update, Type 1 Short Term Rentals (STR) were allowed as an authorized use in the
R-S, R-1, and R-2 zoning districts and upon the effective date of Ordinance 2025-12-2151, Type 1 STRs were not listed
as lawful uses in the RA zoning district. This unintended change was corrected through Bozeman City Attorney
Codification Order 2026-01 on February 18, 2026; and
WHEREAS, prior to the UDC Update, Type 2 STRs were not authorized as a use in the R-S or R-1 districts, but
were an authorized use in the R-2 district and upon the effective date of Ordinance 2025-12-2151, Type 2 STRs were
not listed as lawful uses in the RA zoning district; and
WHEREAS, the City Commission did not intend to disallow lawfully existing Type 2 STRs from continuing lawful
operation after the adoption of the UDC Update; and
WHEREAS, to remedy the unintended prohibition on Type 2 STRs in the RA zoning district, the Commission
intends to allow Type 2 STRs in the RA zoning district, which expands the use of Type 2 STRs beyond what was
allowed under the Unified Development Code prior to the UDC Update; and
WHEREAS, after proper notice, the Community Development Board in their capacity as Planning Commission
required by 76-25-104, MCA held a public hearing on June 15, 2026, to receive and review all written and oral testimony
on the proposed amendments to Chapter 38, BMC; and
WHEREAS, the Community Development Board considered an Ordinance declaring as lawful, non-conforming
uses those Type 2 STRs that were lawfully operating prior to the effective date of the UDC Update. After considering
all matters the Community Development Board recommended an alternate solution to the Bozeman City Commission.
The Board recommends the City Commission adopt an Ordinance that allows Type 2 STRs as an accessory use in the RA
zoning district. This Ordinance was drafted to carry forward the recommendation of the Community Development
Board for consideration by the Bozeman City Commission on July 14, 2026; and
WHEREAS, after proper notice, the City Commission held a public hearing on July 14, 2026, to receive and review
all written and oral testimony on this Ordinance; and
WHEREAS, the City Commission at its public hearing on July 14,2026, considered all relevant materials submitted
by the public, the recommendation of the Community Development Board, and the proposed Ordinance; and
WHEREAS, the City Commission has reviewed and considered the applicable criteria for adoption of land use
regulations established in Montana Code Annotated §§76-25, the Montana Land Use Planning Act and found this
Ordinance is in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA:
Section 1
Section 38.300.020 – Allowed use table is amended to read as follows. Edits are shown in red with the “–“ in the first
column for the RA zoning district struck next to Short Term Rentals Type 2 and replaced with “A” as shown below:
Sec. 38.300.020. - Allowed use table.
38.320.030.A
38.320.030.A
38.320.030.B
38.320.030.C
38.320.040.A
38.320.040.B
38.320.040.C
38.320.040.D
38.320.040.E
38.320.050.A
38.320.050.B
38.320.050.C
38.320.060.A
38.320.070.A
KEY P = Permitted as a principal use A = Permitted as an accessory use;
S = Special use approval required * = Use standards apply — = Use Not allowed
38.320.070.B
38.320.070.B
38.320.070.C
38.320.080.A
38.320.080.B
38.320.080.C
38.320.080.D
38.320.080.E
38.320.080.F
38.320.090.A
38.320.090.B
38.320.090.C
38.320.090.D
KEY P = Permitted as a principal use A = Permitted as an accessory use;
S = Special use approval required * = Use standards apply — = Use Not allowed
38.320.090.E
38.320.090.E
38.320.100.A
38.320.100.B
38.320.110
38.320.110.A
38.320.110
38.320.120.A
38.320.120.B
38.320.070.E
38.320.120.C
38.320.120.D
38.320.120.F
38.320.120.G
38.320.060.B
38.320.060.B
KEY P = Permitted as a principal use A = Permitted as an accessory use;
S = Special use approval required * = Use standards apply — = Use Not allowed
KEY P = Permitted as a principal use A = Permitted as an accessory use;
S = Special use approval required * = Use standards apply — = Use Not allowed
Section 2
Authority to Implement.
The Bozeman City Attorney is hereby authorized to take any action necessary to conform
the Bozeman Municipal Code to Section 1. The Director of Community Development may adopt
rules or an administrative interpretation to implement the provisions of Section 1.
Section 3
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 4
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 5
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 6
Codification.
Section 1 shall amend the existing code and be codified as indicated in this Ordinance.
Section 7
Effective Date.
This Ordinance shall be in full force and effect thirty (30) days after final adoption.
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__.
____________________________________
JOEY MORRISON
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__.
_________________________________
JOEY MORRISON
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney