Monthly Archives: January 2024

Short Term Rental Survey

Update: the survey results are currently on hold, pending development of a valid way to remove some duplicate entries. A couple of people availed themselves of the untracked form to submit many responses, making the results invalid as a measure of general canyon sentiment. About all we can say at the moment is that on the first couple days, when responses were heavy, outweighing repeat submissions, the results looked a lot like they did in 2016, with perhaps a small shift toward a more favorable view of STRs.

Regardless of the outcome of the Jan. 11 hearing, 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.

Please take a look soon, because we’re just a week out from the hearing.

Background

History

Several classifications that provide for accommodations have been present in the zoning for a long time. In the Bridger Bowl Base Area, the B-districts provide for Overnight Accommodations and Recreational Housing. In the AE district (most of the Canyon), those aren’t available, but there are Guest Ranch and Bed and Breakfast classifications. All of these are conditional uses. Nothing in the regulations mentions short-term rentals by name.

In 2016-2017, the Zoning Advisory Committee (BCZAC) held a series of public meetings to discuss STRs, including a well-attended one at the fire station community room. We also ran a survey via the BCPOA email list. Following those sessions, BCZAC drafted a standard that created a Conditional Use Permit for short term rentals.

In 2021, the Planning Department submitted a zoning amendment incorporating the BCZAC work, but omitting the STR and PUD sections. BCPOA opposed these omissions, but supported the amendment as a whole, for many other beneficial improvements to the zoning language.

Current Status of STRs

The county’s current interpretation of zoning regulations is that STRs are not permitted in most zoning districts:

If short-term rentals are not mentioned in the specific zoning district regulation, they are not permitted anywhere in that zoning district.

The only exception in Bridger Canyon is Overnight Accommodations and Recreational Housing in the Base Area. See the STR FAQ for details. BCPOA had nothing to do with the drafting of this interpretation, and in fact just discovered the county’s web page yesterday.

STR FAQ

BCPOA Position

BCPOA doesn’t have a formal position statement on STRs, and there’s some diversity of board member views. We have certainly never tried to ban them – in fact, we spent a lot of time and money trying to induce the county to adopt a CUP legalizing them.

Generally we think a ban would be difficult to enforce and possibly counterproductive, so it would be better to permit STRs with a few safeguards against nuisances and density creep. No matter what the standards are, we would like to see the adoption of explicit language mentioning STRs, to avoid the ambiguity that has led to the current appeal.

BCPOA’s Role

BCPOA isn’t a regulator; we’re an advocate for Bridger Canyon. From our bylaws:

The purpose of this corporation shall be:

  • to preserve the rural character and the natural beauty and resources of Bridger
    Canyon;
  • to guide and direct orderly growth and development;
  • to maintain, through organization, a definite influence in all matters which may
    affect residence or property rights and enjoyment thereof;
  • to disseminate information regarding zoning requirements and local issues, and
  • to hold regular meetings for open discussions of problems of mutual interest and
    concern

The zoning regulations are administered by the Planning Department. Conditional Uses, appeals, variances and amendments are elevated to the Planning & Zoning Commission or the County Commission.

Short Term Rental Proceedings

Caretaker’s Residence Revocation

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.

Materials and a recording of the hearing are here:

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

Switch to the “Past” tab. (See navigation screenshots below.)

Appeal and Interpretation of Use

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, as the appeal contents, 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 Admin 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.

The county’s current opinion on this is clearly presented on its STR FAQ page. In short, unlisted uses are not permitted. In Bridger Canyon, short term rental uses are available only the Base Area, not the AE and RF districts that span the rest of the canyon:

STR FAQ

STR Survey

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.

Update: see the subsequent post for more background on STRs.

Caretakers Residence and Guesthouse Extensions

The Jan. 11 hearing will consider two additional matters: extensions of a pair of Conditional Use Permits for a Guesthouse and Caretaker’s Residence. These classifications no longer exist except as nonconforming uses; they have been replaced by the Accessory Dwelling standard.

BCPOA considers these extensions to be a potentially troublesome precedent. Detailed testimony is here: BCPOA-Appert.final.231212.pdf

Hearing Materials

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. The Staff Report is available via the “Related Documents” link in the agenda. Direct links don’t work, so for convenience I’ve uploaded a copy here: 4.a_Lewis_Appeal_PZ_SR_Complete_1-11-24.pdf (45MB) – but for legal purposes you should consult the county site.

navigate upcoming related documents
The Staff Report is a rather daunting document at 383 pages. However, you don’t need to read the whole thing unless you want the deep background. The key pieces are enforcement officer Megan Gibson’s report, pages 1-12, and the appeal brief, appellant exhibit 2, pages 16-24.

Public Comment

If you want to comment, you can always submit written testimony to Planning@gallatin.mt.gov – details and some advice under the Submitting Testimony heading here.

You can also comment at the hearing, in person or via Zoom.