Executive Summary

Short-term rentals ARE permitted in Whitehall, Montana but are restricted to single-family homes within the Residential Zoning District and require a Conditional Use Permit (CUP). Commercial districts allow "Extended-stay lodgings" and "Hotel or motel" operations, which may be more suitable for larger-scale STR operations.

Permitted STR Activities in Whitehall

City-Level Regulations

Short-term rentals of single-family homes are permitted as a conditional use within the Residential Zoning District. This means:

• The activity is allowed but requires special approval
• Operators must go through the conditional use permit process
• Single-family homes specifically qualify; multi-family units have different requirements
• The property must comply with all residential zoning standards plus any additional STR conditions

Alternative STR Options:

• Commercial Districts allow "Extended-stay lodgings" and "Hotel or motel" as permitted uses
• These may offer more flexibility for larger operations without requiring conditional use permits

Starting a Short-Term Rental Business

Step-by-Step Process

1. Property Zoning Verification

   • Confirm your property is in an appropriate zoning district
   • Single-family homes in Residential zones require CUPs
   • Commercial districts may offer permitted lodging options

2. Conditional Use Permit Application (for residential STRs)

   • Submit complete development permit application to Town Clerk-Treasurer
   • Include required fees and outside consulting review costs
   • Application forwarded to Planning Board for review
   • Planning Board makes recommendation to Town Council
   • Town Council makes final approval/denial determination

3. Site Plan Review

   • Required for all developments including STRs
   • Must demonstrate compliance with zoning standards
   • Address parking, utilities, and neighborhood compatibility

Required Documents, Permits & Licenses

Development Permits Required

Conditional Use Permit (CUP) - Required for Residential STRs:

• Development application form
• Site plan (11x17 maximum) including:
  • Site boundaries and property lines with dimensions
  • Streets and alley frontages with names and easements
  • Location of all existing and proposed structures
  • Off-street parking areas with surfacing specifications
  • Parcel size in square feet
  • Total number of dwellings and bedrooms per dwelling
  • Traffic ingress, egress and circulation
  • Utilities and utility easements
• Floor plans (garage, basement, all finished/unfinished spaces)
• Building elevations (if available)
• Plans, sketches, pictures, specifications for proposed alterations
• Length of time since current or previous use
• Proposed use documentation
• Payment of all outside consulting review costs

Site Plan Review Requirements:

• Same documentation as CUP plus additional planning considerations
• Pedestrian and vehicular circulation analysis
• Utilities and public services provisions
• Surface drainage and stormwater control
• Loading and unloading areas
• Grading plans
• Signage and screening provisions
• ADA compliance certification
• Fences and walls specifications

Additional Permits & Compliance

Business Licensing:

• Home-based business license required if operating from residence
• Must comply with home-based business standards:
  • Conducted by resident occupants
  • Maximum two non-resident employees
  • No more than 30% of gross area used for business
  • No outside storage (except business equipment/vehicles)
  • Traffic increase limited to one additional vehicle
  • No increased noise, dust, vibration, smell, smoke, glare

Building Permits:

• Required for any structural modifications
• Must comply with building codes and safety standards

Specific STR Regulations

Zoning Requirements

Residential District STRs (Conditional Use):

• Must maintain residential character
• Comply with all residential standards:
  • Minimum lot area: 7,500 square feet
  • Minimum lot width: 50 feet
  • Front yard setback: 25 feet
  • Rear yard setback: 5 feet
  • Side yard setback: 8 feet
  • Maximum building height: 30 feet
  • Two off-street parking spaces per dwelling unit required

Commercial District Lodging (Permitted Uses):

• "Extended-stay lodgings" and "Hotel or motel" are permitted uses
• Different parking requirements: One space per 250 square feet of floor area
• Height maximum: 50 feet
• Front yard setback: 0 feet
• Side and rear yard setbacks: 0-8 feet depending on location

Conditional Use Permit Standards

Approval Criteria:

1. Site adequacy in size and topography
2. No material adverse effect on abutting property
3. Adequate infrastructure (water, sewer, streets)
4. Compatibility with neighborhood character
5. Mitigation of negative impacts through conditions
6. Compliance with all applicable codes

Standard Conditions Applied:

• Compliance with all general and special conditions
• Conditions run with the land and bind successors
• Must be recorded with County Clerk and Recorder
• Written consent required from property owner

Parking Requirements

Residential STRs:

• Two off-street parking spaces required per dwelling unit
• No stacking of parking spaces (except specific exemptions)
• Paved surfaces required (concrete, asphalt, approved pavers)
• ADA compliant spaces required

Commercial Lodging:

• One space per 250 square feet of floor area
• Accessible parking per ADA standards
• Curbing and striping requirements apply

State-Level Considerations

Montana State Regulations:

• Must comply with Montana state lodging and taxation requirements
• State fire safety and building code compliance
• Workers' compensation if employing staff
• Sales tax and lodging tax registration requirements
• Montana Department of Public Health and Human Services licensing (if applicable)

Montana Short-Term Rental Laws (State-Level): While the provided ordinance doesn't detail state requirements, Montana state law generally requires:

• Registration with Montana Department of Revenue
• Payment of accommodation taxes
• Compliance with safety standards
• Proper insurance coverage

Contact Information

Local Authority Contacts:

Town of Whitehall

• Physical Address: Town Hall (specific address not provided in ordinance)
• Primary Contact: Town Clerk-Treasurer
• Permit Applications: Submit to Town Clerk-Treasurer
• Appeals Process: File notice of appeal with Clerk of Council within 4 days

Review Bodies:

• Planning Board: Reviews applications and makes recommendations
• Town Council: Final approval authority for permits
• Town Engineer: May be involved in technical reviews

Jefferson County Contacts:

• County Clerk and Recorder: For recording conditions and easements
• County Planning Department: For county-level considerations

Note: Specific phone numbers, email addresses, and website URLs were not provided in the ordinance text. Contact information should be verified through current town resources.

Source Documentation

Primary Source:

• Whitehall Zoning Ordinance Draft (May 13, 2024)
• Municipal Code Chapter 42: Zoning
• Planning Board/Zoning Commission Approved Draft
• Source: whitehall.municipalimpact.com/documents/568/Whitehall_Zoning_Ordinance_Draft_5-13-2024.pdf

Important Considerations for Investors

Market Positioning:

• Residential STRs limited to single-family homes with CUP requirements
• Commercial districts may offer more straightforward lodging opportunities
• Tourist/recreational nature of area should be considered for demand analysis

Compliance Costs:

• Conditional Use Permit process adds time and complexity
• Outside consulting review costs required
• Site plan preparation and professional services needed
• Recording requirements with county

Regulatory Monitoring:

• This is a draft ordinance (May 2024) - verify current status
• Zoning regulations can change - monitor for amendments
• Building codes and safety requirements subject to updates
• State lodging regulations evolve

Due Diligence Requirements:

• Confirm current zoning status of target properties
• Verify infrastructure adequacy (water, sewer, utilities)
• Assess neighborhood compatibility and potential opposition
• Review any existing deed restrictions or covenants

This guide provides a comprehensive framework for STR investment in Whitehall, Montana, based on the current zoning ordinance. Investors should verify all information with current municipal authorities and consider engaging local planning professionals for specific property evaluations.