Short Term Rental Bylaw

Latest News

On January 25, 2022, Council granted First and Second reading to Bylaw No. 2295 (as amended), as well as Bylaw No. 2318. These bylaws propose changes to the City's Zoning Bylaw to provide a framework for Short Term Rental operation. A Public Hearing was held on February 22, 2022, for Bylaw No. 2295 and Bylaw No. 2318.

On March 10, 2022, as directed by Council, staff brought forward a report to Committee of the Whole regarding Short Term Rental regulation options. This report was in response to a resolution passed by Council on January 25, 2022.

The proposed Bylaws for Short Term Rental were given third reading on March 22, 2022. On March 25, 2022, Council adopted Bylaw No. 2295 and No. 2318. While the bylaws are adopted, Bylaw No. 2295, being the main bylaw to implement the changes, will not be enforced until associated amendments to the Business Licensing Bylaw, Municipal Ticket Information Bylaw, and Fees and Charges Bylaw are adopted.

Staff anticipate bringing these three supporting bylaws in addition to a Council policy to assist with implementation forward for consideration of First, Second and Third reading on April 12, 2022. Staff are targeting April 19, 2022 Council meeting for adoption.

Should all bylaws be adopted by April 19, 2022, staff have prepared information materials including webpage updates, application forms, checklists, a fact sheet, complaint form, and an operator guide so that individuals have the tools needed to effectively navigate the approval process.

Overview of STR

STRs are commonly known as AirBnB's, VRBOs, etc. and are gaining popularity among visitors for accommodation options while at the same time impacting the local housing market. By regulating STRs the City is working to find a balance between visitor accommodation choices, the ability for permanent residents to supplement their income, and the long term housing needs of residents. STR is already permitted in many areas of the City as a result of amendments to the Zoning Bylaw over the past decade. The intent of amendments is to provide clarity about where the use is permitted, the applicable regulations, and to allow for thoughtful expansion in areas where STR can be undertaken.

Proposed Regulations

Proposed Approval Process

Amendments to the Zoning Bylaw, Business License Bylaw, Fees and Charges Bylaw, as well as the MTI Bylaw are required to implement a regulatory framework for STRs. Once Zoning Bylaw amendments have been through a public hearing and given third reading, staff will bring forward the Business License, Fees and Charges, and MTI bylaws for consideration of First, Second and Third reading. Once all four bylaws have been granted Third reading, all would be brought back together for final adoption.

Zoning Bylaw Amendments

Bylaw No. 2295 - Summary of Changes

Since originally drafted, Bylaw No. 2295 has been changed. Staff have prepared a track changes version of Bylaw No. 2295 to show what has been changed. While it is part of Business License bylaw, it should be noted that a cap of 300 is no longer being proposed as part of these bylaw amendments.

The following is a summary of the most recent version of Bylaw No. 2295:

• Continue to allow for STR in areas that are already zoned for this use including existing spot zoned properties (R1v etc.) and comprehensive development zones in accordance with existing regulations.
• Expand the area where STR is permitted to 59 propertiesadjacent to Mackenzie Village and Revelstoke Mountain resort, bounded by Hay Road and Camozzi Road, as well as single family dwellings in the C2 (Downtown Fringe Commercial) zone, subject to the following:
  • Require permanent resident onsite operator living in either a secondary suite or primary part of the single family dwelling while the other portion is rented out as a STR.
  • STR would not be permitted in a carriage suite or garden suite.
  • 1 STR per lot, maximum 4 bedrooms with 8 occupants, and requiring 1 parking stall per bedroom.
  • The STR cannot detract from the residential character of the dwelling and cannot create a nuisance for surrounding properties.
  • A STR use cannot be undertaken in conjunction with a Bed and Breakfast, Hostel, or Group Home use and is not permitted any signage.
• Expand where STR is permitted to single family dwellings in the C1 (Central Business District), and C6 (Victoria Road Commercial) zones. The general regulations include:
  • Require 24/7 property management services completed by a permanent resident.
  • STR would not be permitted in a carriage suite or garden suite.
  • 1 STR per lot, maximum 4 bedrooms with 8 occupants, and requiring 1 parking stall per bedroom.
  • The STR cannot detract from the residential character of the dwelling and cannot create a nuisance for surrounding properties.
  • A STR use cannot be undertaken in conjunction with a Bed and Breakfast, Hostel, or Group Home use and is not permitted any signage.

Bylaw No. 2318 - Summary of Changes

To help reduce ambiguity and improve clarity in the Zoning Bylaw, staff prepared housekeeping amendments to support the STR regulations as follows:

• Consolidate the uses Hotel, Motor Hotel, Motel, and Lodge under one new use called "Tourist Accommodation" to provide greater flexibility in development form and to updated antiquated definitions.
• Replace all references of Vacation Rental to STR, and updated Comprehensive Development Zones where STR is permitted to clearly identify the regulations that govern STR without changing any existing development rights.
• Clarifying that in multifamily dwellings and mixed use buildings in the City's downtown area, STR and Tourist Accommodation is not permitted to ensure that these remain for permanent residents.
• The ultimate outcome of this clean up is reducing ambiguity regarding where STR is and is not permitted and to clean up definitions as follows:
  • Providing temporary (less than 30 days) accommodation in residential or mixed use buildings can be undertaken with the following uses as may be permitted in applicable zones:
    • STR (see specific regulations above in Bylaw No. 2295 or as contained in comprehensive development zones)
    • Bed & Breakfast - renting rooms in the main portion of your single family dwelling while where you live, and providing a meal to occupants where occupants have access to common areas.
    • Hostel - renting dorms in the main portion of your single family dwelling where you live with occupants having access to common areas.
  • Providing temporary accommodation (less than 30 days) in commercial oriented buildings can be undertaken with the following use as may be permitted in applicable zones:
    • Tourist Accommodation - one or more buildings containing one or more habitable rooms or dwelling units that are used primarily to provide temporary accommodation for the travelling public and may include associated secondary commercial uses. This use includes but is not limited to hotels, motels, lodges, motor hotels, and guest cabins. This use does not include short term rental, bed and breakfast, or hostel.

Business Licensing Bylaw

Changes to the Business Licensing Bylaw is required to help enforce and track STRs. The amendments will address items such as:

• Application requirements, proof of ownership and operator contact details
• Inspection requirements
• Advertising requirements

Municipal Ticket Information (MTI) Bylaw

Changes to the MTI Bylaw are required to allow for ticketing of properties that violate the proposed STR regulations. These changes will be presented to Council as part of the implementation of STR regulations to ensure tools are available for enforcement.

Fees and Charges Bylaw

An increase to the business licensing fees from the current rate of $200.00 plus $5.00 per bedroom is anticipated. An increase in fees will be considered to support the costs of implementing STR regulations and subsequent enforcement.

Background & Previous Consultation

Staff completed public engagement and presented updates to Council at Committee of the Whole (COTW) regarding Short Term Rental (STR) bylaw amendments throughout 2019 and 2021. The work undertaken on STR is based on direction received by Council since 2016. Staff reports from September 13, 2016, and November 8, 2016, include Council resolutions that provided direction to staff to prepare STR bylaw amendments for single family dwellings within City limits.

Between 2019 and 2022, staff have completed the following:

• Presentation at the December 12, 2019 COTW meeting providing an overview of key issues, opportunities, and next steps.
• Report at the February 13, 2020COTW meeting outlining Guiding Principles based on feedback from community stakeholders that includes:
  • Protect and meet the long-term rental needs of the community.
  • Allow a range of accommodation types that meet diverse visitor needs and support a quality visitor experience.
  • Ensure that short term rental accommodations are good neighbors.
  • Ensure equity among accommodation providers.
• Establishment of a focus group who provided feedback between July 17 and July 31, 2020 via online survey (survey was extended in scope to include additional stakeholders and gathered feedback between August 25 and September 8, 2020).
• Report at the October 8, 2020 COTW meeting presented the findings of the public engagement process and requested direction from Council regarding any future community engagement.
• Staff update at the December 10, 2020 COTW meeting (verbal update).
• Report and presentation at the February 11, 2021 COTW meeting outlining the draft amendments and next steps.
• At the February 23, 2021 regular Council meeting, Council passed a resolution directing staff to bring the bylaw forward for First Reading consideration.
• Staff presented a report at the June 8, 2021 Council meeting that was seeking final direction on how to prepare the bylaw amendments.
• Staff presented a report at the July 27, 2021 Council meeting where First and Second reading were granted to Bylaw No. 2295.
• Between July 7 and September 21, 2021, a survey was conducted with the results presented to Council.
• On October 27, 2021, a Public Hearing was held for consideration of Bylaw No. 2295 to pursue zoning amendments to regulated STR.
• On November 9, 2021, Council rescinded Second Reading of Bylaw No. 2295 and directed the bylaw go back to staff to complete further comparative research on how short term rental (STR) is regulated elsewhere to address concerns raised by the Community and Council, and that a report be brought back for COTW in December outlining next steps and timelines.
• On December 9, 2021, staff presented a report to COTW that included options for STR regulation. Council directed staff to review feasibility of draft regulations for STR that would be permitted in specific areas of the City that have existing zoning to permit tourist accommodation.
• On January 25, 2022, staff presented amendments to Bylaw No. 2295 and presented a new bylaw, Bylaw No. 2318 for Council consideration. Council passed First and Second Reading to these bylaws and directed staff to schedule a Public Hearing for February 22, 2022.