Ordinance 1778 - Amends Ord 1677 - Short Term Residential RentalsORDINANCE NO. 1778
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE
NO. 1677) AT KALISPELL MUNICIPAL CODE SECTIONS 27.20.095 SHORT TERM
RESIDENTIAL RENTAL STANDARDS AND 27.37.10 DEFINITIONS AS SET FORTH IN
EXHIBIT "A", AND DECLARING AN EFFECTIVE DATE.
WHEREAS, from time to time it is prudent for City staff and the City Council to review and
amend its land use ordinances to reflect current trends and beneficial land use
policies that are in the best interests of the City's residents and guests; and
WHEREAS, the City of Kalispell Planning Department submitted a request to the Kalispell City
Planning and Zoning Commission to consider certain amendments to the Kalispell
Zoning Ordinance regarding the use of land in the City for Short Term Residential
Rentals; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission considered the request by
the Kalispell Planning Department, took public comment and evaluated the request
pursuant to the guidelines of KMC 27.29.020; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission forwarded its
recommendation to the Kalispell City Council that certain portions of text of the
Kalispell Zoning Ordinance be amended as set forth in Exhibit "A" attached hereto
and fully incorporated herein by this reference; and
WHEREAS, the City Council has fully considered the public comment received, both written and
oral, reviewed and considered the Kalispell Planning Department Report and the
transmittal from the Kalispell City Planning Board and Zoning Commission and
hereby adopts the findings made in Report # KZTA-16-03, as amended, as the
Findings of Fact to be applied to this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. The City of Kalispell Zoning Ordinance, Ordinance No. 1677, is
hereby amended as set forth fully on Exhibit "A" attached hereto and
fully incorporated herein by this reference.
SECTION 2. All parts and portions of Ordinance No. 1677 not amended hereby
remain unchanged.
SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 19TH DAY OF DECEMBER, 2016.
ATTEST:
!o�\eee�t��iiLISt�f 1�i�i
Aime Brunckhorst, CMCm`i,
City Clerk ' C?���
lmiili
Mark Johnso
Mayor
EXHIBIT "A"
27.20.095 Short Term Residential Rental Standards.
A residential dwelling unit, whether in a residential or commercial zone, may be
rented for a period shorter than thirty days provided that the following performance
standards are met:
(1) The property owner shall first obtain an administrative conditional use permit
from the Planning Department (See Chapter 27.33).
(2) The number of units rented shall not exceed the allowable density for the
zoning district where the property is located.
(3) No more than a total of two (2) percent of the residences in all of the "R" and
"RA" zones within the City of Kalispell may be used as a short term
residential rental. This limitation shall not apply to any other zones where
short term rentals are otherwise permitted.
(4) The administrative conditional use permit review shall include:
(a) Proof of an inspection by the Building Department showing that all life safety
requirements are met, including, but not limited to, smoke and carbon
monoxide detectors, egress windows out of sleeping areas, handrails, hot
water temperature, exposed electrical wiring, and ground faults within six
feet of sinks/tubs;
(b) Proof of a State of Montana public accommodation license for a tourist home,
which is administered by the Flathead City -County Health Department and is
subject to annual inspections;
(c) Affirmation of the property owner that correctly states that the residential
dwelling unit to be utilized as a short term rental is not subject to any
covenants, conditions or restrictions of record that forbid such use of the
property;
(d) Verification that the property is appropriately registered and meets
requirements for state bed tax purposes;
(e) The property owner shall provide their name and phone number or of a local
contact person that shall be responsible for handling any issues that arise with
the property. The contact shall be available to address any issues 24 hours a
day and seven days a week. The contact information shall be included in the
notice sent to property owners within 150 feet as provided for in the
administrative conditional use permit process; and
(f) Each short term rental shall have access to the minimum required parking for
a residential unit in the zoning district (no non -conforming status).
(5) There shall be no signage indicating the short term rental of the property.
(6) Prior to April 1 each calendar year, a property owner that wishes to continue
to provide short term residential rentals shall submit for an annual renewal of
the administrative conditional use permit, including payment of a fee equal to
the administrative conditional use permit fee then in effect. The renewal
shall include verification of all of the information listed under Section
27.20.095(4). Any updated contact information shall be provided to property
owners within 150 feet.
(7) Violations of the terms of the administrative conditional use pen -nit or the
provisions of this section may subject the property owner to an enforcement
pursuant to the terms of this ordinance. Noise and similar issues may be
enforced through the Police Department.
27.37.010: Definitions.
(160) Residential. Regularly used by its occupants as a permanent place of abode,
which is made one's home as opposed to one's place of business and which
has housekeeping and cooking facilities for its occupants only. In situations
where a dwelling is rented or leased, a residential use would involve lease
periods of one month or more unless the provisions of Section 27.20.095
relating to short term residential rental standards are met.