SHORT-TERM RENTAL REGULATION AMENDMENT BYLAW No. 1092

RECOMMENDATION

THAT Council give first and second reading to Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 1092, 2022;

AND THAT Council waive a public hearing for Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 1092, 2022.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS

I concur with the recommendation.

PURPOSE OF REPORT

The report presents Zoning Bylaw No. 900, Amendment Bylaw No. 1092 for first and second reading, providing better definitions and more comprehensive prohibition of short-term rental accommodation within View Royal. The report recommends waiving a public hearing.

BACKGROUND

At the November 15, 2021 Committee of the Whole meeting staff presented a report (attached to this report) which contained the following recommendation to reinforce the Town’s prohibition on short term rentals:

1. A definition for ‘Principal Dwelling Unit’ describing a residential use as one’s principal dwelling where they make their home.
2. 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 Short Term Rentals (STRs) with clear definitions, associated regulation, and enforcement clarity.

PROJECT INFORMATION

As per the November staff report, the regulation around what is currently referred to as ‘vacation rental’ in the Zoning Bylaw is insufficient for prohibiting what is better referred to as a ‘short-term rental’. Council’s goal with this regulation is to avoid the commercial rental of a residential dwelling unit such that a residential unit is removed from the Town’s inventory and unavailable to a potential resident.

The amendment bylaw provides more comprehensive definitions for Short Term Rental and related uses/users and adds items to the list of general prohibitions.

The term ‘vacation rental’ is being completely removed from the Zoning Bylaw:

• “Vacation rental’ is being replaced by “Short-Term Rental” in the General Prohibitions
• “Vacation rental” is being removed from the “Transient Accommodation” definition in the Definitions section.

Definitions proposed to be added to the Zoning Bylaw, taken from, and amended for the Town’s purposes, from the attached Regulating Short Term Rentals: A Toolkit for Canadian Local Governments:

“Non-Dwelling Unit Short-Term Rental” is a short-term rental, for the purpose of accommodation, of something that does not meet the definition of a dwelling unit including vehicles, parking spaces, temporary shelters, and similar.

“Principal Dwelling Unit” is the dwelling unit where an individual lives, makes their home, conducts their daily affairs, and receives mail. It is the dwelling unit with the residential address used on documentation related to billing, identification, taxation, and insurance purposes including income tax returns, driver’s licenses, vehicle registration and utility bills.

“Principal Resident” is a permanent resident of a principal dwelling unit.

“Short-Term Rental” is a rental of all or part of a dwelling unit for a short period of time to someone who is not a principal resident.

Uses proposed to be added to the list of general prohibitions in the Zoning Bylaw:

• Short-term rental
• Non-dwelling unit short-term rental

ANALYSIS AND DISCUSSION

This bylaw amendment will meet Council’s request for a clear and robust prohibition of short-term rentals. The regulation relies on determining whether the rental is to someone who is the principal resident with a signed tenancy agreement etc. and not on the duration of stay. It also clearly prohibits the rental of non-dwelling unit spaces such as vehicles, parking spaces, tents, yurts, sheds, etc. for the purpose of short-term accommodation.

Some key things of note:

1. This amendment prohibits the short-term rental of secondary suites, as they are considered dwelling units by the Zoning Bylaw.
2. This does not impact non-commercial residential occupations such as house exchanges, house sitting, house guests, etc. as these spaces are not rented for such purposes.

In the future Council may consider permitting the rental of one’s principal dwelling unit in the case of the absence of all principal residents, in such situations as when the principal residents wish to go on holiday and offset the cost of that holiday. These rentals do not remove residential units from the market and can benefit the local economy with tourist dollars.

NEXT STEPS

Staff recommends that Council waive the public hearing given that this does not alter the existing intent of the Zoning Bylaw.

After first and second reading, staff will advertise the waiving of a public hearing and the date of third reading of the bylaw in two editions of a local newspaper, on the Town’s website and on the Town’s notice board.

RECOMMENDATION

THAT Council give first and second reading to Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 1092, 2022;

AND THAT Council waive a public hearing for Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 1092, 2022.

SUBMITTED BY: J. Davison MCIP RPP, Community Planner

REVIEWED BY: L. Chase MCIP RPP, Director of Development Services

ATTACHMENT:

1. Zoning Bylaw No. 900, 2014 Amendment Bylaw No. 1092, 2022
2. November 4, 2021 – Short Term Rental Regulation Report to COW (and attachment).