Public Open House Osoyoos October 15 th. Bed & Breakfast and Vacation Rental Operations

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1 Public Open House Osoyoos October 15 th Bed & Breakfast and Vacation Rental Operations

2 Outline of presentation Background on Land Use OCP, Zoning, Enforcement Legal vacation rentals Background B & Bs Proposed amendments

3 BACKGROUND Regulating Land Use in the RDOS Official Community Plan Bylaws Zoning Bylaws Subdivision Servicing Bylaw

4 BACKGROUND Policies on Commercial Uses Residential: Will regulate home occupations in residential areas in order to maintain the residential character of an area, and ensure that the home occupation does not have a negative impact on the quality of life enjoyed by residents of the area. (Section 8.3.8) Rural Holdings: Provides for property owners or occupiers to diversify and enhance uses secondary to rural holdings with home industry, home occupation, or bed and breakfast provided that these developments are compatible with the rural character of the area. (Section 7.3.8)

5 BACKGROUND Establishing Permitted Uses

6 BACKGROUND Regulations Area A Zoning Bylaw

7 BACKGROUND Bylaw Enforcement Land Use complaint driven; anonymous complaints are not accepted; anyone can submit a land use complaint.

8 LEGAL PROCEEDINGS Lot A, Plan KAP74736, District Lot 210, SDYD ( th Street, Naramata)

9 LEGAL PROCEEDINGS BC Supreme Court interpretation of the E Zoning Bylaw: dwelling unit definition describes a structure and not the use; private visitor accommodation is not limited only to B&Bs; vacation rental is a permitted form of private visitor accommodation

10 LEGAL PROCEEDINGS vacation rental uses are subject to the following regulations: owner and non-paying guests must occupy the property more often than renters; vacation rental not permitted in a secondary suite ; no more than 8 people may be accommodated at any one time; no more than 3 bedrooms may be used; and vacation rentals may not be operated by a commercial rental business on behalf of the owner.

11 BACKGROUND What is a Bed and Breakfast? A private home where guests are provided with overnight accommodation and served breakfast (but not other meals) by the residents of the home. Rural Osoyoos Zoning Bylaw: bed and breakfast means an occupation conducted within a principal dwelling unit, by the residents of the dwelling unit, which provides sleeping accommodations to the travelling public and may include the provision of a morning meal for those persons using the sleeping accommodations;

12 PROPOSED AMENDMENTS Introduce consistent definitions for terms related to B&B operations to all Electoral Area Zoning Bylaws: bed and breakfast ; dwelling unit ; single detached dwelling ; vacation rental *; and residential * Replace private visitor accommodation with bed and breakfast in Naramata.

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14 PROPOSED AMENDMENTS Introduce consistent B&B regulations to all Electoral Area Zoning Bylaws: located in principal dwelling unit; no more than 8 patrons; no more than 3 bedrooms; no cooking facilities in bedrooms; stays limited to 30 days; and only persons residing in the dwelling may conduct the B&B use.

15 VACATION RENTALS RDOS Board considered three options to address the issue of vacation rentals : Status quo: vacation rentals are a type of bed and breakfast ; Ad hoc: consider vacation rentals on a case-by-case basis (Zoning or Permits); or Permitted: introduce vacation rentals as a permitted use in all residential zones (similar to the approach applied to B&Bs).

16 VACATION RENTALS What is a Temporary Use Permit? allow a use not permitted by a Zoning Bylaw; issued for up to 3 years; renewed once*; can not be used to establish non-conforming rights; requires discretionary approval of RDOS Board.

17 VACATION RENTALS Why use a Temporary Use Permit? transitional uses; uncertainty respecting appropriateness or viability of a use; premature to decide upon rezoning and long-term land use patterns.

18 VACATION RENTALS Applying for a Temporary Use Permit notification sign goes on-site; application is referred to external agencies & APC; RDOS notifies adjacent neighbours Public Information Meeting may be required by RDOS Board.

19 VACATION RENTALS Introducing Assessment Criteria: capability of accommodating on-site domestic water and sewage disposal; mitigating measures such as screening and fencing; provision of adequate off-street parking; confirmation that the structure proposed for use as a vacation rental complies with the BC Building Code; and benefits that such accommodation may provide to the community.

20 VACATION RENTALS Outlining Possible TUP Conditions: mitigating impacts on neighbouring properties (i.e. privacy); provision of contact details to neighbours; limits on guests (2/bedroom); limited to principal dwelling; other requirements that the Regional District Board may consider appropriate.

21 VACATION RENTALS OCP Policy Statement: Provision of paid accommodation for visitors through the short-term rental of residences is supported provided that community and neighbourhood residential needs and other land use needs can be addressed.

22 VACATION RENTALS Other proposed changes: limit term of an initial TUP to 18 months (i.e. one season ); introduce TUP renewal requirements; introduce a TUP renewal fee of $350.00

23 NEXT STEPS Open Houses: Osoyoos (October 15 th ); and Naramata (October 18 th ) Advisory Planning Commissions (Oct.); External Agency Referrals (October); Planning & Development Committee of the Regional District Board (December); Consideration of 1 st reading (2013).