[Canyon] Short term rentals survey

[Tom Fiddaman]

Hi neighbors -

In the November Planning & Zoning hearing, the commission revoked a
Caretaker's Residence CUP, on the grounds that use as a short term
rental contradicted conditions of approval and did not constitute bona
fide caretaking. This is the second similar instance of revocation in
Bridger Canyon.

On Jan. 11, the commission will consider a related question: are short
term rentals (STRs) a permitted use for a primary residence. As you may
recall, the 2021 zoning update omitted a section drafted by the advisory
committee that would have provided an explicit classification for STRs,
with some standards. That left STRs in a regulatory limbo: are they
permitted, because they are an incidental use of a residence, or are
they forbidden, because unlisted uses are excluded? The zoning provides
a way to resolve these questions through an Interpretation of Use (see
section 3.8.b. of the regulation,
https://gallatincomt.virtualtownhall.net/sites/g/files/vyhlif606/f/pages/adminreg_04_22.pdf
). That is essentially what will happen in the hearing, though it will
be in the context of an appeal.

Regardless of the outcome, we think it would be better for the zoning
regulation to be explicit about STRs, so that permissible uses and
distinctions from related classifications like Guest Ranches and
Overnight Accommodations are clear. Therefore we're interested in your
opinion, not only for the pending matter, but also a future zoning
amendment. Please give us your feedback in the following survey:

https://forms.gle/BK4xySf7iAWQh6sC6

The form has three fairly brief parts. Page 1 repeats some questions
that we asked in 2016, when the zoning advisory committee originally
drafted an STR standard. Page 2 considers some additional questions
related to the recent and pending hearings. Page 3 seeks feedback on the
current draft, which is now 5 years old.

We'll share the survey more widely in a few days, but we're giving email
subscribers a first shot at it as you are most likely to have followed
these issues over the long term. Please take a look soon, because we're
just over a week out from the hearing.

If you'd like to follow the hearing itself, the agenda is posted at:

https://gallatincomt.virtualtownhall.net/planning-community-development/pages/planning-zoning-commission-public-meetings-agendas

Switch to the "Upcoming" tab. (Materials from the November hearing are
on the "Past" tab.) There isn't a detailed staff report yet, but that
should be available tomorrow (Jan. 4) via the "Related Documents" link
in the agenda.

If you want to comment, you can always submit written testimony to
Plan...@gallatin.mt.gov .

Thanks for participating!

Tom


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[Tom Fiddaman]

Hi again -

The Staff Reports for the Jan. 11 Planning & Zoning hearing are now
available, so I've created a page of resources at:

http://bcpoa.net/2024/01/short-term-rental-proceedings/

If you don't want to plow through the hearing materials, please at least
let us know what you think about short term rentals in our survey:

https://forms.gle/BK4xySf7iAWQh6sC6

Thanks!

Tom