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Workable
The most salient bit came four hours into the council committee meeting called to consider regulating shortterm accommodations (STAs) in Prince Edward County. After 23 deputations, mostly against the proposed rules—interspersed with voices worried about how vacation rentals were depleting housing stock and the impact on affordability—it was the County’s public works chief who provided a bracing dose of cold, hard reality.
Commercial businesses are not legal uses in rural and residential zones, explained Robert McAuley to council members and the large gathering assembled in council chambers. An entire home operated as an Airbnb rental business is simply not permitted in such zones and likely would not withstand a legal challenge. It is how some jurisdictions have successfully banned short-term accommodations outright in such zones. Because they were never permitted in the first place.
Rather than oppressing the entrepreneurs who argued that they should be left alone, the municipality has instead extended these folks a lifeline. That this only became clear to the packed gallery at Shire Hall at the end of a second, long meeting on the subject, suggests Shire Hall has more work to do in explaining its policy-making to the community it serves. This bit of clarity would have been useful information a month or two ago.
Now before, I go further, I am reminded by my friend Jason Parks at The Picton Gazette to disclose the fact that my wife, Kathleen, owns a small inn, in Wellington. Personally, I feel my views are coloured more by the two STAs adjacent to my home, and the dark homes I walk past on Wharf, Niles and Noxon Streets on my way to work all winter long, than about our commercial business in a commercial zone, but it is appropriate that readers be permitted to judge this on their own.
Nevertheless, it was likely McAuley’s stark warning, that STAs in rural and residential areas are not a legal conforming use in these zones, that tipped those wavering councillors to accept, unanimously, the package of regulations on the table.
Specifically, the regulations cover changes to the Official Plan and the County’s Zoning Bylaw to permit short-term accommodations in prescribed rural and residential zones, but with restrictions on density and parking and such matters. For example, a new STA will not be permitted within a 120- metre radius of an existing facility in a residential area, extending to 500 metres in rural zones.
These regulations govern how the land is used. Licensing rules will put constraints on how the business operates—how many occupants, noise, nuisance, fire hazard and such matters. Licensing regulations, however, were deferred until early next year, because Shire Hall wasn’t prepared for the administration, inspection and staffing that operational oversight will require.
Blue Mountain oversees 300 STAs with three staff. The County has more than 1,000 STAs. That implies as many as nine or ten new folks dedicated to inspecting, monitoring and administrating a sector three times the size of Blue Mountain.
Council and Shire Hall staff have committed to bringing licensing regulations back before the end of March. They have also agreed to meet and work with STA operators to work through issues of licensing fees, inspection and compliance schedules, reporting and education.
This is key, because the rules are comprehensive and often technical in nature. They will need to be widely communicated and understood to minimize conflict and confusion.
Contrary to my comments last week, rules governing how many people can be accommodated in an STA, will not be grandfathered. In rural and residential areas, an STA may not consist of more than four rooms, with no more than two persons per room. Children under the age of 10 are not included in this calculation. Effectively, no STA will be permitted to host more than eight adults plus their young children. Other regulations governing issues of nuisance, noise and parking will also not be grandfathered under the provisions.
Nevertheless, current STAs will be permitted, even if they don’t currently conform to the land use and operational regulations. They will, however, be required to abide by the rules under the provisions of their licence.
For example, an STA that is currently within 120 metres of another such facility will be eligible for a licence, as a legal non-conforming use. That STA will, however, be required to comply with occupancy limits, parking rules and noise and safety regulations.
Not everyone will be happy with this outcome. But most will likely see enough in these regulations to support them. Neighbours who wanted council to evict STAs will be consoled that there are now hard, measurable limits on new facilities on their streets. Overstuffed residential homes will not be permitted. The Wild West era, it seems, is over.
STA operators, on the other hand, gain a solid legal foundation with which to run their business. They will also be consulted in the formation of the licensing regulations.
Overall, council and Shire Hall officials arrived at a reasonable and supportable conclusion.
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