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Realtors want short-term rentals throughout county

| January 23, 2017 8:00 AM

By LYNNETTE HINTZE Daily Inter Lake

A local Realtor group has proposed a zoning text amendment that would allow short-term rental housing throughout Flathead County.

The Northwest Montana Association of Realtors is asking the county to change zoning regulations to add short-term rentals as a conditional use in agricultural and residential zones throughout the county, as well as in areas that have their own zoning districts, including Little Bitterroot Lake, West Valley, Rogers Lake, Ashley Lake, Labrant/Lindsey Lane, North Fork and Lakeside.

The Flathead County Planning Board will hold a public hearing on the proposal at its Feb. 8 meeting. The Planning Board will make a recommendation and forward it to the county commissioners for a second public hearing and final decision.

If approved, the short-term rentals would be allowed with an approved administrative conditional-use permit issued by county Zoning Administrator Mark Mussman, who is also the county planning director.

Erica Wirtala, government affairs director for the Realtor association, said the proposal is similar to the city of Kalispell’s recently approved regulations for short-term rentals, except the county’s version won’t have a cap on the number of homes that can be rented for less than 30 days.

Vacation rentals have become increasingly popular in the Flathead Valley and other visitor destinations with the proliferation of websites such as VRBO and Airbnb.

Because the county does not issue building permits and thus has no building inspector, short-term rental homes would be inspected by the fire chief for the location where the home is located, Wirtala said.

There could be instances when the county Board of Adjustment would be asked to consider approving a short-term rental, she said. For example, the county has jurisdiction over the north half of Whitefish Lake and in some situations there could be a proposed short-term rental for a home that shares a dock with an adjoining private residence. If facilities don’t meet the parking or septic requirements, the Board of Adjustment may review those applications as well.

“An administrative conditional-use permit is revocable,” Wirtala pointed out. “If you have significant violations of the permit or [there are complaints of] disturbing the peace, it goes to the County Attorney’s Office and they would issue a cease-and-desist order.”

Neighbors within 150 feet of the proposed short-term rental would be notified as part of the public notification process. The Planning Office would complete a staff report for each application.

“Realtors are supportive of this” text amendment, Wirtala said. “There probably will be some push-back, and I welcome public comment on this.”

Mussman met with the association’s government affairs committee last fall and told Realtors the short-term rental issue has been on the Planning Board’s list of issues to consider for some time, Wirtala said.

“When you open up the county zoning guide and don’t see short-term in either permitted or conditional uses, then it’s an illegal use,” she noted. “This is to address this situation. We feel we are trying to right a wrong. This gives people some accountability.”

The Planning Board meets at 6 p.m. Feb. 8 in the second-floor conference room of the South Campus Building, 40 11th St. W. in Kalispell

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