Is there currently any distinction between renting your residence in NBP versus operating properties that are exclusively STAs?
In the first case, presumably you have a vested interest in the property as a resident as well as being able to supplement your income via renting. This seems like a win-win situation: utilization increases, local tourism increases, and safety is regulated via the existing bylaws for residential use.
In the second case, your role is essentially an operator and your interest is purely financial. Does NBP have special regulations for this situation or does this fall under the same bylaws as the first case?
The function of this forum I believe is to provide input to the sta topic. The above question may contribute to some clarity. Perhaps, I could give an example to ensure my understanding? In one case, i rented a house from a family. I was responsible for the maintenance of the leased property. On another occasion, I renteda just built, apartment from a corporation, which owns many properties. I paid rent and made requests for maintenace through the on site property manager. On the Bruce, some homeowners have rented out their cottages usually not profitable enough for an income tax deduction. Usually for a minimum of one week. Often leave the property as you found it, attractive to returning year after year families, I wonder whether families are still the market ? I wonder whether the housing stock in the northern bruce peninsula is being used for the public good? Occupied year round, seasonally, one week at a time? By the owner, a guest, paying or not paying, or other? Some say the solution is often found in the way an issue is described.
Does the operation of properties that are exclusively STAs fall under the same regulation as any other cottage located in a residential zone?
At this point, the review is looking broadly at a full range of short-term rental accommodations. However it is recognized that there is a range of how accommodations are offered and managed and this also has an influence on the potential issues arising with such uses. No determinations have been made as to the need for or nature of any regulations. Currently the municipality is looking for input from the community on the matter of short-term operations and that includes this forum, the survey, as well as upcoming meetings.
I was under the impression that only B&B were allowed under the current bylaw in zones where noted.
This is in keeping with code in most municipalities as are the limitations:
"BED & BREAKFAST ESTABLISHMENT" means a detached dwelling, licensed by the corporation containing not more than three rooms available for sleeping accommodation of the vacationing or travelling public for not more than eight (8) persons in which breakfast shall be offered. A bed and breakfast establishment shall not include a restaurant and the owner/operator must occupy said dwelling.
6.11 HOME BASED BUSINESS - BED AND BREAKFAST ESTABLISHMENT
6.11.1 Where permitted by this by-law, a bed and breakfast establishment will be subject to the following provisions. The lot and detached dwelling in which the bed and breakfast establishment is located must meet all the requirements of the zone in which it is located.
6.11.2 No person, other than members of the family who operate and reside in the establishment shall be employed except as is necessary for housekeeping purposes.
6.11.3 Each guest room shall have a minimum floor area of 10.5 m2 (113 ft2).
6.11.4 Guest rooms are not permitted within an attic.
6.11.5 No bed and breakfast establishment shall provide more than 3 guest rooms for overnight accommodation.
6.11.6 No food or drink shall be offered or kept for sale for persons who are not guests of the establishment. 6.11.7 In addition to the two parking spaces a detached dwelling is required to have by this by-law, a Bed and Breakfast Establishment shall provide one parking space for each guest room.
6.11.8 A sign shall be permitted provided such sign is not greater than 0.4 m2 in area (4 ft2).
6.11.9 Maximum number of occupants or guests, in addition to staff and host family, permitted to stay within a Bed and Breakfast Establishment - eight (8).
6.11.10 All Bed and Breakfast establishments must be licensed by the corporation.
Then for example zone R1 says:
SECTION 12 - R1 - PROVISIONS FOR RESIDENTIAL ZONE 1 (DETACHED RESIDENTIAL)
12.1 USES PERMITTED No person shall within the R1 Zone use any lot or erect, alter or use any building or structure for any purpose except for one or more of the following uses:
- a detached dwelling
- Group Home – Type 1
- Home Based Business - Bed and breakfast establishment in accordance with Section 6.11
- Home Based Business - Professional Uses in accordance with Section 6.7
- Home Based Business - Domestic and household arts in accordance with Section 6.8
- Home Based Business - Contractors and Trade Persons in accordance with Section 6.10
- buildings, structures and uses accessory to a permitted use in accordance with Section 6.3
So the bylaw says fairly explicitly in that zone you can only do these things and not run a dedicated commercial for rent establishment unless as a B&B and with those restrictions. Hence the discussion. This is clearly not what is being done. So to answer the question there is no delineation because only one such use case was anticipated in you mean something where the owner/operator does not reside. In fact STA is a phrase with no meaning under code or legislation.
By the way, many municipalities have struggled with the owner/operator concept attempting to lock this to primary residence, but that has several possible definitions so in the end many have dumped that idea and simply limited it to one residence per owner, but then ownership gets split up and so on we go.
Have a read of the Comprehensive Zoning Bylaw starting with definitions, then uses, then zones.
I disagree and think that your interpretation is not correct. Under the interpretation you have attached to the zoning, it would not be permitted to enter into a long term lease, which would certainly be a "dedicated commercial for rent establishment". I am sure that everyone will agree that the intent of the bylaw could not possibly be to stop long term leasing.
If you look at all of the permitted uses instead of jumping straight to bed and breakfast, you will see a more comprehensive set of uses that are permitted.
Start with the meaning of "use", which is a defined term in the bylaw:
I have added the underlining. "Use" as a verb is applicable, and it relates to the use that an owner puts the land to, or that a tenant puts the land to. The bylaw therefore does contemplate tenancy, and permits it.
Next, consider what uses R1 and R2 zoning allows. R1 zoning says you may use the zone for "a detached dwelling" and R2 says you may use it for "a cottage dwelling". These terms are also defined in the bylaw:
If you read the underlined portions, you see:
There is nothing in this text that would prohibit long term leasing of a residence so long as it is not a mobile home, construction trailer, or travel trailer and the tenant does not use it as a "hotel, motel, a home for the aged, nursing home, hospital, or living quarters for a caretaker, watchman or other person or persons using living quarters which are accessory to a Non-Residential building."
Nothing here restricts one from renting a detached dwelling or cottage dwelling for any particular period of time, so long as the use made by the tenant does not fall within the restrictions identified.
Perusing the definitions in the bylaw, there are a few others that come close to capturing the short term rentals. However, none of them capture the activity entirely and therefore none of them prohibit it. In my view, it is wrong to say that short term rentals are not allowed, that they are illegal, or that they are not prohibited. So long as the definition of detached dwelling and cottage dwelling are met and the use does not fall into another definition (e.g. a "Tourist Home" if there are four or more bedrooms, the use is permitted:
Bed and Breakfast requires the offering of breakfast and requires the owner/operator to occupy the dwelling. This could apply in some situations, but I think people are mostly discussing the whole house renting situation.
This does not fit because the issue is about the main building on a lot, not an "accessory detached building", being rented.
Guest room does not apply because we are talking about detached dwellings that have cooking equipment.
Lodge does not apply because it includes accommodations for staff. The non-mandatory term "may" applies only to eating facilities. To meet the definition, the conjunctive "and" requires staff accommodations to be present.
Tourist home requires 4-10 guest rooms, so it applies only to large homes.
I have attached the zoning bylaw for anyone that cares to give it a read. If you do, I would encourage you to not jump solely to Bed and Breakfast simply because it sounds like the popular website "AirBnB". If someone uses that platform, it does not necessarily turn the dwelling into a bed and breakfast under the bylaw.
First of all a lease is NOT a rental and that is not excluded because a long term lease does not change the nature of the use. A lease as a principal residence is allowed.
Second the permitted uses are exclusive.
If not written as included they are not permitted they are non-conforming.
This was discussed at both open meetings and confirmed by the consultant and the committee.
This is consistent with interpretations in other jurisdictions and the general reading of code.
You do not get to shop for text that fits.
You read it as it is written.
Indeed please read the bylaw.
You are saying that a lease is specifically allowed. I agree. Your opinion is that an sta is different, but you point to nothing in the bylaw that says this, nor do you point to anything in the bylaw that draws a distinction between the use.
The consultant is just someone being paid to provide his advice. He is not a court. His interpretation is not necessarily worth anymore weight than yours or mine.
At the meetings, did you raise the issue of the definition of dwelling? What was discussed on that point? I expect people are naturally drawn to the definition of "Bed and Breakfast", but that is not necessarily correct.
Further quoting the bylaw we are under ...
Note Guest Rooms in above as defined can also be in Hotels and Motels and in Tourist Homes:
"GUEST ROOM" means a room or suite of rooms that contain no facilities for cooking or for the installation of cooking equipment and which is used or designed for gain or profit by providing accommodation to the travelling or vacationing public"
“TOURIST HOME” means a detached dwelling containing four (4) or more guest rooms and not more than ten (10) guest rooms which are available for sleeping accommodation for the vacationing or travelling public in which the owner or manager supplies, for hire or gain, lodging with or without meals.
These are allowed in some zones by special provisions today and in specific locations and generally allowed in Commercial C1 and C2 for example but not residential zones.
I think that is about all that is in the bylaw that adds to this discussion.
You can verify the above by downloading and reading or searching the bylaw for these terms.