Examples of Short Term Vacation Rental Regulations From Throughout the Trust Area

Transcription

1 Examples of Short Term Vacation Rental Regulations From Throughout the Trust Area North Pender Island STVR Review February 2016

2 3. HOME OCCUPATIONS REGULATIONS Galiano Island Land Use Bylaw 127 Excerpt BL The purpose of the regulations set out in this Part is to ensure that the conduct of home occupations including bed and breakfast home occupations and short term vacation rental home occupations does not give a non-residential appearance to premises on which they are conducted. 3.2 A home occupation is not permitted unless the premises on which it is conducted are concurrently occupied as a dwelling. BL Home occupations must be conducted entirely within the operator s dwelling or permitted accessory building except that this restriction does not apply to the use of the land for pottery kiln or for outdoor activities associated with a kindergarten, nursery school, daycare, agriculture or horticulture, and no exterior storage of materials, products or equipment is permitted. BL No dwelling unit may be constructed or altered to accommodate a home occupation such that the external appearance of the dwelling unit in which it is conducted plainly indicates the presence of a home occupation use. BL Except for one unilluminated nameplate not exceeding 0.6 square metres in area in respect of each residential lot upon which the home occupation(s) is occurring, no sign or other advertising matter may be exhibited or displayed on the premises where a home occupation is conducted, and no exterior artificial lighting may be installed or operated on the premises for a purpose associated with the home occupation unless it is a type in keeping with the residential character. 3.6 No more than three persons may be employed in any home occupation, at least one of whom must reside permanently on the premises on which the home occupation is conducted. BL Except for the retail sale of goods produced, processed or repaired as part of a home occupation, and retail sale of articles directly related to a service provided as a home occupation, the following activities are not permitted: 1. Retail or wholesale selling of any products or material 2. The serving of food or drink products on the premises as part of a home occupation except for bed and breakfast home occupation in which case a morning meal may be served to paying guests. 3.7 No restaurant, cafe, commercial water bottling enterprise, boarding kennel, fur farm, feed lot or manure-based mushroom growing enterprise is permitted as a home occupation. 3.9 No home occupation may generate waste, noise, vibration, glare, fumes, odours, illumination or electrical interference ordinarily detectable off the lot on which the home occupation is conducted or consume more groundwater than would normally be consumed by a residential use of land The number of bedrooms used to accommodate paying guests in a bed and breakfast home occupation including any accommodation in a cottage must not exceed: two if the lot is in the VR1 or VR2 zone; and three if the lot is in any other zone permitting home occupations. BL The operator of every home occupation must comply with all licensing, health and other applicable regulations of British Columbia and the Capital Regional District, including building, public health, noise, air quality and water quality regulations. 7

3 BL No vehicle or equipment used by, or in the conduct of, a home business shall be stored in a required lot line setback without being screened from view from neighbouring properties or public road. BL On properties with a principal dwelling and a legal cottage the following additional regulations apply to short term vacation rental as a home occupation: no more than one dwelling or cottage per lot may be used as a short term vacation rental at any one time no more than three bedrooms with a total of four beds per lot may be used to accommodate paying guests for short term vacation rental and bed and breakfast home occupation. BL240 Information Note: On properties located within the Agricultural Land Reserve (ALR), some provincial regulations apply to home-based businesses, unless variances are applied for and approved in writing by the Agricultural Land Commission. No retail sales of goods or products are permitted in the ALR unless they are produced or repaired as part of the home-based business. 4. CREATION AND EXTENT OF ZONES 4.1 The Galiano Island Local Trust Area shown on Schedule A is divided into the zones identified in Column I and described in abbreviated form in Column II. COLUMN I COLUMN II Village Residential 1 (VR1) Village Residential 2 (VR2) Small Lot Residential (SLR) Rural Residential (RR) Rural 2 (R2) Rural 3 (R3) Agriculture (AG) Forest 1 (F1) Forest 2 (F2) BL 147 Forest 3 (F3) BL 150 Heritage Forest (FH)] Forest Land Reserve (FLR) Senior Citizen Residential (SCR) Community Facility (CF) Emergency and Health Services (EHS) BL 205 Health and Wellness (HW) Utility Service (U) Retail Commercial (C1) Visitor Accommodation (Inn) (C3) Visitor Accommodation (Resort) (C4) BL 132 Commercial Private Film School (C7) BL136 Visitor Accommodation (Rural Resort) (C5) BL178 Galiano Inn (Comprehensive Resort) C5A) Public House Commercial (C6) Light Industrial (LI) BL139 Forest Industrial (FI) Public Recreation (PR) Park (P) Nature Protection (NP) Marine Protection (MP) Marine (M) Marine Service (MS) Marine Commercial Water (MCW) Marine Commercial Land (MCL) 8

4 Galiano Island Official Community Plan Excerpt BL248 SECTION VII TEMPORARY USE PERMITS 1. Circumstances i. The Local Trust Committee may issue Temporary Permits for all areas covered by this Plan. ii. The Local Trust Committee may consider preparing amendments to Galiano Island Local Trust Committee Impact Assessment Bylaw No. 58, 1998 for adoption by Trust Council to require development approval information for Temporary Use Permit Applications through adoption of a development approval information bylaw. 2. Objectives i. Permits for temporary uses may be issued for short term uses or as a test of the compatibility of the proposed land use, which may not have been anticipated, with existing uses. ii. iii. Permits can be issued for any period up to three years and could be considered for renewal once for any further period up to three years. In addition, the following guidelines apply when the Local Trust Committee is considering the issuance of a temporary use permit for a commercial vacation rental: a) for the purpose of a temporary use permit, commercial vacation rental means the use of a residence as temporary commercial accommodation for a period of less than a month at a time by persons, other than the owner or a permanent occupier; b) the Local Trust Committee should consider the cumulative effects on the neighborhood and Island of all the temporary use permits issued for commercial vacation rentals; c) the Local Trust Committee may consider issuance of a temporary use permit for a commercial vacation rental provided the proposal would not alter the residential appearance of the residence; d) the Local Trust Committee may require mitigating measures to address neighbours concerns, such as retention of existing screening and fencing, or installation of additional screening; e) the landowner should demonstrate an adequate supply of water and septic capacity for the duration of the proposed use; f) the landowner should demonstrate that the property is able to accommodate off-street parking for a minimum of two vehicles; g) in addition to any other conditions the LTC may consider appropriate, the 94

5 permit may: require that the owner or other contact be available on Galiano by telephone 24 hours/day, seven days per week and include the name and contact information in the conditions of the permit; require the owner or manager to provide neighbours within a 100 metre radius of the vacation rental with the owner or manager s phone number, and a copy of the temporary use permit; require the landowner to post for guests information on noise bylaws, water conservation, fire safety, storage and disposal of garbage and recycling, septic care and control of pets (if pets are permitted), and remind guests that the property is located in a residential area; establish a maximum number of people that can stay; establish a maximum number of guests per bedroom; prohibit camping or occupancy of RVs on the property; restrict advertising to one unilluminated sign, with a maximum area; prohibit the rental or provision of motorized personal watercraft; prohibit outdoor fires; establish the dates during which the use may occur; and include a provision stating that the bylaw enforcement officer may enter the property between certain hours without prior consultation if a complaint is received; require that the landowner/operator post for guests emergency service contact information and to provide a means for contacting them; require the landowner/operator to post contact information and permit information at the entrance to the property; and h) a temporary use permit respecting a parcel in the Agricultural Land Reserve may require the approval of the Agriculture Land Commission prior to the permit being issued. 95

6 Hornby Island Land Use Bylaw Extract the applicant must grant a covenant complying with Section 3.22 in respect of every such lot prohibiting further subdivision of the lot Where: a subdivision is proposed that yields fewer than the maximum number of lots permitted by the applicable minimum average lot size specified in Part 9; and one or more of the lots being created has an area equal to or greater than twice the applicable minimum average lot size; the applicant must grant a covenant complying with Section 3.22 in respect of every such lot prohibiting further subdivision of the lot so that the potential number of lots is no greater than the number of lots that would have been created if the previous subdivision had created the maximum number of lots permitted by the applicable minimum or minimum average lot size specified in Part 9. COVENANTS GENERALLY 3.22 Where under this Bylaw an owner of land is required or authorized to grant any covenant or statutory right of way, the covenant or statutory right of way must be granted to the Hornby Island Local Trust Committee in priority to all financial charges and delivered in registerable form satisfactory to the Hornby Island Local Trust Committee prior to the granting of any approval or authorization in respect of which the covenant or statutory right of way is required. The covenant must indemnify the Hornby Island Local Trust Committee in respect of any fees or expenses it may incur as a result of a breach of the covenant by the covenantor. BL 143 BL 145 VACATION HOME RENTAL USES 3.23 Vacation home rental uses must be in accordance with the following limitations: A dwelling unit may only be occupied by paying guests during the months of May, June, July, August and September Despite , on any lot permitted two dwelling units, one dwelling unit may be occupied by paying guests at any time, provided that an owner or tenant is resident in a second lawful dwelling unit on the lot during the vacation home rental occupancy During a period of seven (7) consecutive days a dwelling unit may be occupied by only one group of paying guests. Information Note: The following information note is not part of the bylaw and is for information purposes only. Regulation permits the use of a vacation home rental for a period of less than seven days (for example a three night rental). The regulation does not permit a vacation rental unit to be rented for, say, three days to one group and then three days to a different group during that same seven day period. Limiting rental turnover within a seven day rental period in a dwelling was deemed by the community and the Local Trust Committee to be important in helping maintain the rural residential character of Hornby s neighbourhoods, while allowing vacation home rental use to occur in a dwelling A dwelling used for vacation home rental use shall not be used to accommodate more than 2 beds per bedroom and more than 3 bedrooms if the lot on which the dwelling is located has an area of less than one hectare, or more than 4 bedrooms if the lot has an area of one hectare or more. Hornby Island Land Use Bylaw,

7 A vacation home rental use shall not alter the residential character or appearance of the lot in which the vacation home rental use is located, with the exception of required parking spaces and a required sign that must be posted only when a vacation home rental is in use as required in Part Motor vehicle parking spaces shall be provided in accordance with Part 5.0 of this bylaw On lots designated as Aquifer IA on Schedule D1 of the Hornby Island Official Community Plan Bylaw No 104, vacation home rental use is permitted provided that an authorized person as defined in the Sewage System Regulations under the Public Health Act has stated in writing to the Islands Trust that the sewage disposal system to which the building accommodating the proposed vacation home rental use is connected is capable of providing adequate sewage treatment for residential use and for the proposed vacation home rental use. An owner may secure a written statement of a second authorized person if the first authorized person is not able to confirm the required capability. Hornby Island Land Use Bylaw,

8 Saturna Island Land Use Bylaw 78 - Excerpt a) the residential density doesn t exceed the subdivision capacity; b) all residential uses are restricted to the Rural or Forest zoned portions of the lot; and c) where necessary, a covenant is to be placed on the Watershed zoned area prohibiting further development Use of Common Property Land comprising the common property in a strata plan is not a "lot" for the purposes of the density regulations set out in this Bylaw, but may be used for accessory uses to principal uses located on strata lots in the same strata plan Use of Crown Foreshore All uses must be authorized by this Bylaw and a crown lease obtained from Land and Water BC Inc Measurements of Setbacks All setbacks of buildings and structures must be measured on a horizontal plane from the building or structure to the point specified in this Bylaw Steps, eaves, gutters, cornices, sills, chimneys, or other similar features, may project up to 1 metre into the setback area or 0.5 metres in the case of a side yard setback area less than 3 metres in width; and balconies, decks and sun shades, may project up to 1 metre into the required setback area BL # Home Occupation Regulations A home occupation use other than a horticultural use must be carried out wholly within a residence or within a permitted accessory building. The combined floor area of all accessory buildings used in the home occupation must not exceed 140 sq. metres (1500 sq feet) There shall not be carried on as a home occupation, any occupation which by reason of its nature, emits or causes to be produced or emitted, noises, dust, smoke, gas or other effluents in such quantities or under such conditions as to be noxious or offensive There may be no exterior indication of the existence of the home occupation either by: (1) storage exterior to a building or structure of any material used in the processing or resulting from the processing of any product unless such storage areas are screened by a landscape screen or fence not less than 2 metres in height; or (2) displays, lighting; or (3) by any other variation from the residential character of the residence or accessory building, with the exception of signs permitted by this Bylaw A home occupation is not permitted unless the premises on which it is conducted are concurrently occupied as a residence. A person or persons residing in the residence must operate the home occupation. Not more than two additional persons (two full time equivalent positions) not residing in the residence, may be employed in the home occupation. 6

9 The following activities are not permitted: (1) the serving of food or drink products on the premises as part of a home occupation except for bed and breakfast home occupations as noted in subsection ; and, (2) the retail sale of liquor The following additional regulations apply to bed and breakfast home occupations: (1) not more than 3 bedrooms may be used to accommodate guests; (2) in addition to the 2 off street parking spaces required for the residence, one additional off street parking space for each bedroom used for bed and breakfast accommodation must be provided; (3) a bed and breakfast home occupation must be conducted solely on the property; (4) breakfast may be served on the premises to paying guests; (5) up to twelve special events per calendar year may be catered on the premises by the bed and breakfast operator; and, (6) occasional dinners may be served on the premises to paying guests staying more than two consecutive nights The operator of every home occupation must comply with all licensing, health and other applicable regulations of British Columbia and the Capital Regional District, including building, public health, noise, air quality, and water quality regulations Sufficient off street parking spaces must be provided to accommodate customers and employees of any home occupation, in addition to the 2 off street parking spaces required for the residence as defined in Section 14 - Off Street Parking Regulations. BL# Home occupations involving retail sales of products not made or grown on the premises may have not more than 25% of the built premises (residential and accessory buildings), to a maximum of 30 sq metres (323 sq ft) dedicated to the presentation and sale of those products The following additional regulations apply to the short term rental of a cottage as a home occupation: (1) no more than one cottage per constructed residence may be used as a short term vacation rental at any one time; (2) despite subsection the total combined floor area per lot of cottages being used for short term vacation rentals under the home occupation regulations can exceed 140 sq. metres (1500 sq. feet). BL # Home Based Industry Regulations A home based industry other than a horticultural use must be carried out wholly within a residence or within a permitted accessory building. The combined floor areas of all accessory buildings used in the home based industry must not exceed 140 m 2 (1500 ft 2 ).per permitted residence There shall not be carried on as a home based industry, any use which by reason of its nature, emits or causes to be produced or emitted, noises, dust, smoke, gas or other effluents in such quantities or under such conditions as to be noxious or offensive. 7

10 PART 5 ZONE REGULATIONS South Pender Island Land Use Bylaw Excerpt - Example of STVR permitted as a principle use: 5.1 Rural Residential One (RR1) BL 108 Permitted Uses (1) The following uses are permitted, subject to the regulations set out in this Section and the general regulations, and all other uses are prohibited: Density (a) (b) (c) (d) (e) Single family dwelling; Cottage; Agriculture; Short-term vacation rental of a single family dwelling; Accessory uses, buildings and structures, including, but not limited to, home occupations and roadside stands for the sale of produce grown on the same lot. (2) On a parcel less than 0.8 hectares (2 acres), only one (1) single family dwelling is permitted. (3) On a parcel 0.8 hectares (2 acres) or greater, but less than 4.0 ha (10 acres), one (1) single family dwelling and one (1) cottage are permitted. (4) On a parcel 4 hectares (10 acres) or greater, two (2) single family dwellings and two (2) cottages are permitted. (5) The lot coverage of all buildings and structures may not exceed 25 percent of the total lot area. Siting and Size (6) The minimum setback for any building or structure, except a fence or pump/utility house, shall be: (a) 7.6 metres (25 ft.) from any front or rear lot line; (b) 3.1 metres (10 ft.) from any interior side lot line; (c) 4.6 metres (15 ft.) from any exterior side lot line. Conditions of Use (7) Only one single family dwelling or cottage may be used for short-term vacation rental on a lot at the same time. Subdivision Lot Size Requirements BL108 (8) Subject to subsection 5.1(9), the minimum and average lot area requirements are 0.4 hectares (1.0 acres) for any lot created by subdivision. South Pender Island Land Use Bylaw No. 92, 2003 Page 21

11 South Pender Island Land Use Bylaw 92 Excerpt poles, fire and hose towers, utility poles, solar collectors, farm silos and grain bins and water storage tanks. 3.5 Accessory Uses, Buildings and Structures (1) A building accessory to a dwelling, other than a cottage, may not be used for human habitation, except as provided for in Subsection 3.5(2) or as permitted by the zoning regulations in Part 5 of this Bylaw. (2) An accessory building may be constructed or placed on a lot and occupied as a temporary dwelling prior to the construction of a single family dwelling on the same lot, subject to: (a) (b) (c) (d) (e) a building permit being issued, and remaining in effect, for the single family dwelling; the connection of the accessory building to sewage disposal facilities for which a sewage disposal permit has been issued under the Health Act; the provision of a domestic water supply; compliance with the use, density and siting requirements of this Bylaw for dwellings and cottages; and the occupancy of the accessory building ceases prior to occupancy of a single family dwelling on the lot. (3) Unless a building, excluding an attached deck and patio, is attached to a principal building by a structure having walls, roof, and a floor, it is for the purposes of this Bylaw deemed not to be part of the principal building, but is deemed to be an accessory building or structure. (4) Subject to the density and siting provisions in Part 5, the total floor area of all accessory buildings on a lot shall not exceed the following: (a) (b) Lot Size Total Floor Area 0.4 hectares (1 acre) or less 70m 2 (750ft 2 ) Greater than 0.4 hectares (1 acre) to 93m 2 (1000ft 2 ) 2 hectares (5 acres) Greater than 2 hectares (5 acres) to 186m 2 (2000ft 2 ) 4 hectares (10 acres) Greater than 4 hectares (10 acres) 372m 2 (4000ft 2 ) Despite Article 3.5(4)(a) above, the floor area of an agricultural accessory building meeting the requirements of Subsection 3.7(1) shall be excluded from the calculation of total floor area of accessory buildings, provided the floor area of the agricultural accessory building does not exceed 700 square metres (7500 square feet). (5) The floor area occupied by any cistern used for domestic water or irrigation purposes may be excluded from the calculation of the floor area of any accessory building or structure. 3.6 Home Occupations (1) Permitted home occupations include any home craft, repairing of goods, professional practice, services to a client, creation of a product, short-term vacation rental of cottages, bed and breakfasts, the retail or wholesale sale of goods or products provided that at least 70% the goods or products for sale are produced, processed or repaired as part of the home occupation, and the retail sale of articles directly related to the provision of a personal service provided as a home occupation. South Pender Island Land Use Bylaw No. 92, 2003 Page 15

12 (2) Without limiting the generality of subsection 3.6(1), the following activities are specifically not permitted as a home occupation: (a) (b) (c) The serving of food or drink products on the premises as part of a home occupation, except for the serving of a morning meal as part of bed and breakfast home occupation; Commercial water bottling and sales; Boarding kennel, except where permitted as an agricultural use. (3) Home occupations must be conducted entirely within a dwelling or a permitted accessory building on a lot where the permitted principal use is residential, except that outdoor areas may be used for storage of articles used in the home occupation if the storage area is enclosed by a fence or by a landscape screen at least 2.0 metres (6.5 feet) in height conforming with the provisions of Section 3.9. (4) The combined floor area used in all home occupations on a lot, except a bed and breakfast, must not exceed 65 m 2 (700 ft 2 ). (5) The business owner or operator or at least one of the employees of a home occupation must be permanently resident on the property where the home occupation is conducted. (6) Not more than two persons per property may be employed in any home occupation in addition to any residents of the premises in which such occupation is carried on. (7) Off-street parking spaces for home occupation uses are to be provided in accordance with the regulations contained in Part 7. (8) The following additional regulations apply to bed and breakfast home occupations: BL 108 (a) Bed and Breakfast home occupations are permitted only in the Rural Residential One, Rural Residential Two, Rural Residential Three, Agricultural, Natural Resource and Forest Zones; (b) part or all of a bed and breakfast home occupation may be undertaken within a permitted cottage; (c) the number of bedrooms used to accommodate overnight guests may not to exceed three; (d) despite Subsection 3.6(6) the number of non-resident persons engaged or employed in a bed and breakfast home occupation may not exceed one; (e) meals may only be provided to bed and breakfast guests in the morning; and, (f) off-street parking spaces for a bed and breakfast home occupation use are to be provided in accordance with the requirements contained in Part 7; (g) despite Subsection 3.5(2), a bed and breakfast home occupation may not be undertaken within an accessory building, other than a permitted cottage. (9) The following additional regulations apply to the short-term vacation rental of a cottage as a home occupation: BL 108 (a) Short-term vacation rental of a cottage is permitted in the Rural Residential One, Rural Residential Two, Rural Residential Three, Agriculture, Natural Resource and Forest zones only; (b) a cottage is not to be used for short-term vacation rental at the same time as a single family dwelling is being used for a short-term vacation rental on the same lot; and, (c) only one cottage per lot may be used for short-term vacation rental. South Pender Island Land Use Bylaw No. 92, 2003 Page 16

13 STAFF REPORT Date: November 18, 2015 Mayne Island Local Trust Committee Proposed Temporary Use Permit Guidelines 1. The LTC may require mitigating measures to provide a separation between STVRs and surrounding properties such as screening and fencing. 2. The LTC should consider the cumulative effects on the neighbourhood and Island of all the permits issued for STVRs. 3. The LTC may consider issuance of a temporary use permit for a commercial vacation rental provided the proposal would not alter the residential appearance of the residence. 4. A contact person on Mayne Island associated with the property should be available by telephone 24 hours/day, seven days per week. 5. The property owner/applicant should provide neighbors within a 100 metre radius of the vacation rental with the contact person s phone number, and a copy of the temporary use permit. 6. The property owner/applicant should provide evidence that there is an adequate supply of potable water. 7. The property owner/applicant should provide evidence that there is adequate septic capacity for the proposed occupancy. 8. The property owner/applicant should post information for guests regarding noise bylaws, water conservation, fire safety, fire escape plan, storage of garbage, septic field location, and control of pets. The guest information should also remind guests that they are in a residential area, not a commercial area. 9. As a condition of the permit pets should be under control at all times. 10. The property owner/applicant should be required to provide sufficient off street parking. 11. The property owner /applicant should be required to ensure outdoor lighting is not directed onto surrounding properties. U:\LOCAL TRUST COMMITTEES\North Pender\Projects\2015 Housing\Community Consultation Events\Feb Workshop\For printing\mayne TUP Guidelines.docx Islands Trust Staff Report Page 1 of 2

14 12. A condition of the permit should restrict the maximum number and size of signs an STVR can have. That the signs be made of wood and not illuminated. 13. As a condition of the permit the maximum number of guests may be limited; 14. As a condition of the permit the number of bedrooms may be limited; 15. As a condition of the permit the specific months in a year that STVR use can be carried out may be specified. 16. As a condition of the permit recreational vehicles and camping should be prohibited. 17. As a condition of the permit outdoor fires should be prohibited. 18. As a condition of use advertising that can be utilized may be specified. 19. A condition of the permit should prohibit the rental or provision of motorized personal watercraft for rental clients. 20. A condition of the permit may require the property owner/applicant to post contact information and permit information at the entrance to the property. 21. As a condition of the permit the Islands Trust bylaw enforcement officer should be permitted to enter the property between the hours of 9 am and 5 pm on any day without prior consultation with the holder of the permit or STVR renter for the purpose of investigating a complaint. Islands Trust Staff Report Page 2 of 2