HomeMy WebLinkAbout26- Ordinances 2026-06 - AMENDING BOZEMAN MUNICIPAL CODE SECTION 38.300.020 – ALLOWED USE TABLE – TO ALLOW AS AN ACCESSORY USE SHORT TERM RENTAL
ORDINANCE 2026-06
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
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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.
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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 with all other elements
of the section remaining as written. Edits are shown with the “–“ in the first column for the RA
zoning district being struck through next to Short Term Rentals Type 2 and replaced with “A” as
indicated with an underline as shown below:
Sec. 38.300.020. - Allowed use table.
Use
RESDIDENTIAL COMMERCIAL & MIXED USE INDUSTRIAL
Use Standard R-A R-B R-C R-D B-1 B-2 B-2M B-3 B-3C REMU NEHMU B-P M-1 M-2 PLI Accessory
Short term rental
Type 1* A A A A — A A A A A A — — — — 38.320.060.B
Type 2* —A A A A — A A A A A A — — — — 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
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.
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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.
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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 14th day of July, 2026.
____________________________________
JOEY MORRISON
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
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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
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