What is a Short-term Rental
A short-term rental is a residential use in a dwelling unit designed for such use for periods of time less than 30 days. Short-term Rental Housing may be referred to as vacation rental, tourist accommodation units, or resort dwelling units. The use of a dwelling as Short-term Rental Housing in most zoned areas requires an administrative conditional use permit as outlined in Section 2.06.045.
What Zones Require a Permit
There are two sets of regulations that regulate short-term rentals in the county; the Flathead County Zoning Regulations (FCZR) and the Canyon Area Land Use Regulations (CALURS). If the property is located in an area not zoned no permit is required from Planning and Zoning. Within CALURS a short-term rental is considered an exempt use within the Upper Canyon and requires review as a minor land use within the Middle Canyon.
Under the FCZR, administrative conditional use permits are required for the operation of a short-term rental in the AG, SAG, R, RA, and RC zones, as well as in the B-3, B-5, B-6, AL, LBL, LL, LS, RL, and WV zones. Operators in these zones must submit an administrative conditional use permit application and comply with the performance standards set forth in Section 5.11 of the FCZR.
Short-term rentals are permitted uses in the RR, B-2, B-4, BM-1, BM-2, BR-2, BR-4, CVR, SC, and NF zones. Operators of short-term rentals in these zones must also comply with the performance standards in Section 5.11 of the FCZR. In addition, operators must submit a copy of a valid Public Accommodations License, a letter certifying compliance with Section 5.11, and copies of receipts showing that certified mail notifications containing property manager contact information were sent to all neighboring properties within 150 feet of the subject property.
Short-term rentals are not allowed in any other zones.
Review Process
Minor land use review in CALURS takes no more than 30 calendar days from the date the application is determined to be complete. Minor land use reviews do not require neighbor notification and the process is entirely administrative.
The administrative conditional use process can take up to a month and a half to complete from the date the application is determined to be complete. After the application is submitted to the Planning and Zoning office, staff will send out agency referrals, as well as, notifications to every property owner within 150 feet of the boundary of the property. The comment period lasts for approximately two weeks. At the end of the comment period, staff typically has 10 working days to conditionally approve, approve, or deny the request. If concerns are raised during the comment period that need to be further addressed by the applicant, staff will pause the review period and give the applicant ample time to respond. If the applicant can not adequately address the concerns the file will be scheduled for the next Board of Adjustment meeting for the Board's consideration.