Commission Memorandum

Transcription

1 Commission Memorandum REPORT TO: FROM: SUBJECT: Honorable Mayor and City Commission Greg Sullivan, City Attorney Karen Stambaugh, Assistant City Attorney Ordinance 1958 Interim Zoning Ordinance regarding Extended Stay Lodging (Short Term Rentals) MEETING DATE: August 8, 2016 AGENDA ITEM TYPE: RECOMMENDATION: to adopt Ordinance Action Conduct Public Hearing, consider protests, and determine whether RECOMMENDED MOTION: Having conducted a public hearing, and considered public testimony and any protest, I hereby move to adopt Ordinance 1958 repealing and suspending extended stay lodging and other similar uses such as short term and vacation rentals as a conditional use in R-1, R-2, R-S and NEHMU zoning districts for a period of six months or until such time as the City completes its study and acts to amend the municipal code or reinstate the conditional use. BACKGROUND: Over the past several months the City Commission has considered the issue of the increase in the number of short term rentals throughout the City and in particular Bozeman s lower density residential zoning districts. The Commission has had two discussions on this issue: at its regular meeting on July 11, 2016 and a continuation of that discussion on July 18, The staff memorandum from those policy discussions can be found here. On July 18, 2016 the Commission requested City staff draft an interim zoning ordinance that would prohibit such uses in specific zoning districts until such time as the City was able to study the effects of the increasing number of short term rentals on existing residential neighborhoods. The authority to adopt an interim zoning ordinance is found at , MCA: Page 1 728

2 Interim zoning ordinances. (1) Except as provided in , the city or town council or other legislative body of the municipality, to protect the public safety, health, and welfare and without following the procedures otherwise required prior to the adoption of a zoning ordinance, may adopt as an urgency measure an interim zoning ordinance prohibiting any uses that may be in conflict with a contemplated zoning proposal that the legislative body is considering or studying or intends to study within a reasonable time. (2) An interim zoning ordinance may be applicable only within the city limits and up to 1 mile beyond the corporate boundaries of the city or town and takes effect upon passage if a hearing is first held upon notice reasonably designed to inform all affected parties. A notice must be published in a newspaper of general circulation at least 7 days before the hearing. (3) An interim zoning ordinance is no longer in effect 6 months from the date of its adoption. However, after notice pursuant to and pursuant to public hearing, the legislative body may extend the interim zoning ordinance for 1 year. Any extension requires a two-thirds vote for passage and becomes effective upon passage. No more than two extensions may be adopted. The above statute provides a mechanism to put a zoning requirement in place without following the procedure otherwise required prior to adoption of a zoning ordinance such as a hearing before the Zoning Commission. The interim zoning ordinance requires only one read and is effective upon adoption. It can be in place for no more than six months; however, the Commission may extend the interim ordinance for an additional one year. Any extension requires a 2/3 majority vote, and no more than two extensions may be adopted. The initial vote to adopt the interim ordinance requires a simple majority vote. The hearing on the interim ordinance must be noticed at least once and no less than seven days prior to the public hearing. The protest provisions of state law related to adoption of zoning regulations apply. Nothing in this ordinance would affect the zoning of any extended stay lodging use whose use is lawful as of the effective date of this ordinance. The ordinance would, however, affect applications for conditional use permits for such uses that have been submitted to the city but not yet acted upon. Pursuant to B, BMC, review of zoning applications occur under regulations in effect at the time an application is deemed complete. However, the same provision indicates an interim zoning ordinance applies to a zoning application without limitation to the date of completeness of the application until final action has been taken on the application. As such, an interim zoning ordinance supersedes the completeness evaluation and a pending application will be subject to the interim zoning ordinance even if the application has been deemed complete. See also (2), MCA (providing an exception from the regulatory certainty date for interim zoning ordinances). Should the Commission adopt this ordinance, it will be effective for no more than six months or until the Commission adopts alternative zoning provisions regarding extended stay lodging/short term rentals in these zoning districts. Notice of this interim zoning ordinance was published in the Bozeman Daily Chronicle on Sunday July 31, Page 2 729

3 UNRESOLVED ISSUES: None identified regarding provisional adoption of this Ordinance. The City Manager has previously provided suggestions regarding the process for studying the effects of short term rentals on the City. Ordinance 1958 provides direction on proceeding with such process. ALTERNATIVES: As suggested by the Commission. Should the Commission wish to consider an exception to allow applications for a conditional use permit for an extended stay lodging facility that have been deemed adequate for review to be reviewed on its merits the Commission should consider adding the following to the end of Section 9 of Ordinance 1958: Notwithstanding the foregoing, this Ordinance does not apply to conditional use permit applications received and determined by the City to be adequate for review pursuant to D, BMC, prior to the effective date of this Ordinance. FISCAL EFFECTS: None recognized from adoption of this Ordinance. Staff time will be required to conduct the study and public process required by Section 2 of the Ordinance. Attachment: Ordinance 1958 Page 3 730

4 AN INTERIM ZONING ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION OF THE MUNICIPAL CODE TO CHANGE THE USES ALLOWED WITHIN THE R-1, R-2, R-S, AND NEHMU ZONING DISTRICTS BY REMOVING EXTENDED STAY LODGINGS AS A CONDITIONAL USE IN THOSE DISTRICTS FOR A PERIOD OF SIX MONTHS. Preamble This ordinance is intended to protect the public safety, health and welfare through the adoption, as an urgency measure, of amendments to the allowed uses within the R-1, R-2, R-S, and NEHMU residential zoning districts. WHEREAS, Section , Montana Code Annotated, provides for adoption of an interim zoning ordinance prohibiting for a period of six months any uses which may be in conflict with a contemplated zoning proposal which the legislative body is considering or studying, or intends to study; and WHEREAS, there has been a rapid increase in the number of vacation or short term rentals in the City of Bozeman; and WHEREAS, the City s adopted ordinances permit the creation of and location of land uses within established zoning districts as principal, accessory, or conditional uses; and WHEREAS, the adopted ordinances permit the creation of and location of short term rentals (termed extended stay lodgings in Chapter 38 of the Bozeman Municipal Code) as a conditional use in R-1, R-2, R-S, and NEHMU residential zoning districts; and WHEREAS, the City Commission has received extensive public comment during a period of 731 Page 1 of 5

5 several years regarding the granting of conditional use permits for extended stay lodgings in R-1, R-2, R-S, and NEHMU residential zoning districts; and WHEREAS, the City Commission finds the ongoing permitting of short term rentals within R-1, R-2, R-S, and NEHMU residential zoning districts until such time as the City has the opportunity to study the impacts of such short term rentals on these zoning districts has a detrimental effect on the public safety, health and welfare because the increase of such use in these zoning districts is leading to and may continue to lead to increases in disturbances to neighboring residents peaceful enjoyment of their homes by excessive noise, disorderly conduct, parking congestion, and other nuisances; and WHEREAS, the City Commission finds the continued permitting of short term rentals within R-1, R-2, R-S, and NEHMU residential zoning districts until such time as the City has the opportunity to study the impacts of such short term rentals on these zoning districts has a detrimental effect on the public safety, health and welfare by altering the residential character of neighborhoods within those districts without adequate evaluation of such impacts over the long term; and WHEREAS, the City Commission finds adoption of this interim zoning ordinance is urgent and necessary to address whether short term rentals continue to be compatible and appropriate with R-1, R-2, R-S and NEHMU as such uses appear to be increasing in such zoning districts; and WHEREAS, the City Commission intends, over the next six months, to carefully consider and study options regarding appropriate locations and regulations for short term rentals, and their compatibility with residential uses within the City prior to permanently adopting revised or new regulations; and WHEREAS, the development and review of amendments to Chapter 38 of the Bozeman Municipal Code to address short term rentals will require numerous formal steps to inform and involve and obtain input from the public and other agencies prior to adoption of any proposed amendments; and 732 Page 2 of 5

6 WHEREAS, the process to involve the public and other agencies and to create permanent zoning or general ordinances will take at least six months, a period of time that could allow additional applications for conditional use permits for short term rentals in R-1, R-2, R-S, and NEHMU residential zoning districts. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: Section 1 The City Commission incorporates the above recitals into this ordinance. Section 2 Extended Stay Lodging, and any other similar use such as a short term rental or a vacation rental, is hereby repealed and suspended as a conditionally permitted use in R-1, R-2, R-S, and NEHMU zoning districts until six (6) months from the effective date of this Ordinance or such time as the City Commission adopts an ordinance(s) authorizing such use, whichever is sooner. The effect of such repeal and suspension is that such uses are hereby prohibited in R-1, R-2, R-S, and NEHMU zoning districts. Nothing in this Ordinance may be construed by any person, firm, corporation or entity as authorizing any use for an extended stay lodging or similar use that operated prior to the effective date of this Ordinance without a valid zoning permit, business license, or other required permit from the City. Section 3 The City Commission hereby directs the City Manager to investigate and study the effects of extended stay lodgings, and other similar uses, including short term and vacation rentals, on locations in the City zoned R-1, R-2, R-S, or NEHMU and other locations and to make recommendations in as timely a manner as possible to the City Commission regarding the zoning of such uses and other matters relating to impacts of such uses on the public health, safety, and general welfare. Section 4 Effective Date and Period. This ordinance shall be effective immediately upon passage and for a period of not more than 733 Page 3 of 5

7 six (6) months from the date of adoption hereof, unless otherwise extended in accordance with Montana law. Section 5 Supersedence. All City ordinances and parts thereof in conflict herewith are hereby temporarily superseded by this Ordinance for the time period as described in Section 2 above, insofar as said ordinances or parts thereof may apply within the corporate boundaries of the City of Bozeman. Section 6 Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this Ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are declared to be severable. Section 7 Savings Provision. This Ordinance does not affect the rights or duties that matured, penalties and assessments that were incurred, or proceedings that were finally acted upon prior to the effective date of this Ordinance. Section 8 Codification Instruction. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a list in numerical order with all other ordinances of the City and also shall be organized in a category entitled Interim Zoning Ordinances. The City Clerk must immediately transmit this Ordinance for inclusion on the City s internet-accessed municipal code website so as to prominently display the repeal and suspension as provided for in Section Page 4 of 5

8 Section 9 Applicability. Subject to the provisions of , BMC, this Ordinance is made expressly applicable to all applications for city business licenses, building permits, zoning, or any other permit that could establish an entitlement for a use prohibited by this Ordinance, which have been received by the City of Bozeman but not yet finally acted upon as of the effective date of this Ordinance. PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 8 th day of August, CARSON TAYLOR Mayor ATTEST: ROBIN CROUGH City Clerk APPROVED AS TO FORM: GREG SULLIVAN City Attorney 735 Page 5 of 5