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Proposal would crack down on illegal rentals

by LYNNETTE HINTZE
Daily Inter Lake | February 19, 2013 10:00 PM

Short-term rentals are back on the agenda in Whitefish, this time to set additional enforcement standards for properties with rentals for 30 days or less.

The Whitefish City-County Planning Board will hold a public hearing at 6 p.m. Thursday at Whitefish City Hall on the proposed changes.

The goal is to provide a framework so the public can more easily understand the development requirements and restrictions for short-term rentals, Planning Director David Taylor said in his staff report.

The amendment doesn’t change the locations where short-term rentals are allowed. Currently they’re limited to resort zoning districts and some commercial zones.

Among the neighborhoods allowing short-term rentals are Crestwood, Baypoint, Suncrest, Mountain Harbor, Iron Horse, Ptarmigan, Orchard Point, the Whitefish Mountain Resort area, The Lodge at Whitefish Lake area and the neighborhood near the Grouse Mountain soccer fields.

Two years ago the Whitefish City Council turned down a proposal to create short-term rental overlay zones as a way of expanding rentals to other zoning districts beyond what’s currently allowed. The council cited concerns about impacts on affordable housing and the erosion of traditional residential neighborhoods.

The currently proposed performance standards came up during discussions in 2011.

The new standards outline a number of requirements for property owners who offer short-term rentals, such as providing a sign-off from the fire marshal that indicates the dwelling meets safety standards. Each unit must meet the standards for off-street parking, and property owners must have proof of a city business license and state public accommodation license.

Short-term rentals would be subject to zoning and density reviews to verify a home or condominium hasn’t been illegally split into multiple rental units.

The proposed amendment also adds a section on violations intended to help the city enforce an ongoing problem of illegal vacation rentals, namely, making it illegal to operate or advertise nightly rentals in a district that doesn’t allow it.

“Several years ago, we looked online and found almost a hundred vacation rentals in Whitefish advertising locations in zoning districts where they are illegal,” Taylor said.

While the number of illegal rentals has decreased due to enforcement action, there still are dozens of illegal rentals out there, he said.

“Currently is it very difficult to prove someone is renting out a property on a nightly bases without staking out a property, running license plates or subpoenaing financial records,” Taylor said.

One of the easiest ways to document illegal rentals is to find online or print advertisements for the illegal rentals that can be used as evidence if a case goes to court, he added.

Features editor Lynnette Hintze may be reached at 758-4421 or by email at lhintze@dailyinterlake.com.