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Hearing set for short-term rental plan

by Lynnette Hintze / Daily Inter Lake
| May 29, 2017 10:37 PM

A zoning proposal to regulate short-term rental housing throughout much of Flathead County is the focus of a public hearing next week before the county commissioners.

The hearing will begin at 10 a.m. Thursday, June 1, in the commissioners’ chambers on the third floor of the county courthouse in Kalispell.

The Northwest Montana Association of Realtors has asked for the zoning text amendment, which would allow short-term rentals as an administrative conditional use in most agricultural and residential zones, and the Ashley Lake, Labrant/Lindsey Lane, Lakeside, Little Bitterroot Lake, Rogers Lake and West Valley neighborhoods.

The proposal no longer includes the North Fork area because guest cabins are a permitted use in the North Fork Zoning District. Also, unzoned portions of Flathead County are not affected by the proposal.

Currently, operating a rental unit for less than 30 days is an illegal use in zoned areas of the county. Nevertheless, there are dozens of short-term, or vacation rentals operating throughout the county through popular online services such as Vacation Rental By Owner (VRBO) and Airbnb.

In March the Flathead Planning Board was at an impasse on the proposal, voting 4-4. The board then forwarded the zoning text amendment to the commissioners without a recommendation.

The proposed zoning amendment includes a number of performance standards for short-term rentals regarding parking, numbers of guests per sleeping area and other regulations.

Short-term rental operators would be required to provide the name and telephone number of a local contact person or property management company with the administrative conditional-use application. The contact person or company would be required to be available around the clock and be able to arrive at the short-term rental property within one hour if an emergency or problem were to arise.

All short-term rental housing would need a state public accommodation license for a tourist home and would be subject to the state bed tax.

The zoning change also would make administrative permits for short-term rental housing subject to suspension or revocation if any of the standards are not met.

The Northwest Montana Association of Realtors said it wants the zoning text amendment to protect homeowners, the property rights of neighbors and the traveling public.

If the county imposes regulations for short-term rentals, it would come with fees of about $300 to $325 for the application process that includes obtaining a certified property owner list to notify neighbors within 150 feet.

Documents related to the proposed amendments are on file at the county commissioners’ office and the Planning Office, or can be downloaded from the county website at http://flathead.mt.gov/planning_zoning/downloads.php.

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