SHORT TERM RENTAL REGULATION
A presentation outlining the background and proposed regulatory changes for Short Term Rentals (STRs) in View Royal.
BACKGROUND
A Short Term Rental (STR) is currently referred to as ‘vacation rental’ within the Town’s Zoning Bylaw; often called ‘Airbnb’ or similar.
‘STR’ is the industry standard and will be referred to as such moving forward.
Council’s position on STRs to date has been to prohibit them in residential zones; ‘vacation rental’ is currently a prohibited use within all zones in the Town’s Zoning Bylaw:
“Transient Accommodation” means the use of a lot, building or other structure for the temporary commercial accommodation of visitors for recreational/vacation purposes only, and includes but is not limited to, hotel, motel, vacation rental, campground, bed and breakfast, and hospital hostel.
The Town’s only currently permitted transient accommodation use within a residential zone is the Level 3 Home Occupation use of ‘Bed and Breakfast’,
Staff has understood that the intent of the ‘vacation rental’ prohibition is to:
- Prevent the displacement of residential units by commercial non-residential rental uses.
- Prevent neighbourhood disturbances (parking, noise, etc.) from non-residential uses in residential zones.
It is staff’s intent to strengthen the Zoning Bylaw to better serve these objectives.
PROJECT INFORMATION
Staff’s interpretation of the Town’s vacation rental regulation has been that it is not lawful to rent residential floor space (often through various online commercial sites such as Airbnb) on a short-term basis, excepting the Bed and Breakfast Home Occupation use.
Staff considered ‘vacation rental’ as covering a rental duration of less than one month.
Staff research and investigation concludes that this is not the case. In referring to a ‘vacation rental’ the bylaw must be interpreted in its strictest sense in that ‘vacation rental’ means the use of a property while on vacation.
A residential use is best described as an occupant’s principal dwelling unit regardless of the duration of that stay. In amending the definitions, staff aims to add the following, at a minimum:
- A definition for ‘Principal Dwelling Unit’ describing a residential use as one’s principal dwelling where they make their home.
- A definition for ‘Short Term Rental’ which better captures the short-term non-residential nature of what the Town had previously described as a ‘vacation rental’.
Considering an acknowledged housing shortage, it seems prudent to reinforce the prohibition on STRs with clear definitions, associated regulation, and enforcement clarity.
ANALYSIS AND DISCUSSION
The challenge with interpretation of the Zoning Bylaw language is outlined above. If Council wishes to protect rental housing stock for residential use, amendments to the Zoning Bylaw are necessary.
The definitions and general regulations within the Zoning Bylaw should be updated to reflect contemporary industry standards if the Town wishes to protect residential units for residential use and to preserve the residential character of neighbourhoods and buildings.
Based on the information in the housing gaps and needs report which identified a substantial shortfall of rental accommodation, staff does not recommend considering allowing short term rental in any areas of the Town.
NEXT STEPS
With Council’s direction, staff will draft Zoning Bylaw amendments to clarify definitions around Short Term Rentals. Staff will bring proposed amendments to Council in December.
RECOMMENDATION
THAT the report dated November 4, 2021 from the Community Planner “Short Term Rental Regulation” be received for information.
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