Short Term Regulation Amendment Bylaw No. 1105 – Short Term Rentals Staff Report

RECOMMENDATION:

THAT the report dated July 13, 2022 from the Community Planner titled “Short Term Regulation Amendment Bylaw No. 1105 – Short Term Rentals” be received.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’S COMMENTS:

I concur with the recommendation.

PURPOSE OF REPORT:

To introduce a new bylaw (No. 1105) to address the regulation of short-term rentals.

BACKGROUND:

A Short-Term Rental is often associated with AirBNB, VRBO, or other rental platforms that offer commercial short-term, overnight accommodation located in a portion of or within the entirety of a dwelling unit. The regulation of what is currently referred to as a ‘vacation rental’ in the Town’s Zoning Bylaw is insufficient for prohibiting what is better referred to as a ‘short term rental’ or ‘STR’. Council’s objective with the regulation of STRs is to avoid the commercial rental of a residential dwelling unit, to ensure that a residential unit is not removed from the Town’s inventory of possible residential tenure, for either long-term rental or ownership.

Staff brought forward reports pertaining to regulating short term rental in previous months. The information that staff relied on in drafting the regulations has been found to be inadequate. Staff have written a new bylaw, that is consistent with our existing zoning definitions and is enforceable. The previous bylaw No. 1092 will be abandoned and the new draft bylaw (1105) that is attached will be brought forward.

DISCUSSION:

Using the principle of simplicity, staff have worked to simplify the approach we are taking to short term rental. To ensure consistency with the Town’s existing zoning bylaw, and to enact Council’s wishes regarding short term rentals, the following zoning amendments are recommended:

Definitions

1. Revise proposed definition for ‘Dwelling Unit’

Rationale: To add greater clarity in what is considered to be a ‘dwelling unit’ and how it is used when a secondary suite or bed and breakfast operates as a secondary use.

2. Add revisions to existing definition of ‘Home Occupation’

Rationale: The changes make it clear that the operation of a home occupation is strictly limited in its use and that this does not include a ‘short term rental’ i.e. an AirBNB or other such use. A Bed and Breakfast and Secondary Suite may be permitted.

Prohibited Uses and Structures

3. Revise existing Prohibited Use Section 3.3.2 e) Vacation Rentals

Rationale: Make clear that Bed and Breakfast, and other commercial accommodations such as hotels or campgrounds are exempted from ‘vacation rental’.

Home Occupations

4. Revise existing Prohibited Home Occupations Section 4.2.1 m) Vacation Rentals

Rationale: Make clear that Bed and Breakfast are an exception to ‘vacation rental’ and may continue as a permitted use within the Town.

These changes also serve to address Council’s previously expressed concerns regarding house exchanges, which would be allowed under this zoning proposal.

Process

To be consistent with the Local Government Act it is staff’s recommendation that the following process be followed, keeping in mind that this will be a new bylaw that is introduced:

NEXT STEPS

Notice that the (new) bylaw will be introduced will be placed in the news paper and on the Town’s notice Board 10 days in advance of the September 4, 2022 meeting. This is in compliance with the new provisions of the Local Government Act. If the bylaws are given 1st and 2nd reading on September 6, 2022, they could then be considered for adoption on September 20, 2022

RECOMMENDATION:

THAT the report dated July 13, 2022 from the Community Planner titled “Short Term Regulation Amendment Bylaw No. 1105 – Short Term Rentals” be received.

SUBMITTED BY: Stirling Scory, RPP, MCIP, Community Planner

REVIEWED BY: Lindsay Chase, Director of Development Services

Attachments

1. Short Term Regulation Amendment Bylaw No. 1105, 2022