Public Open Houses

A series of Public Open Houses to receive community feedback on the proposed changes to the regulation of Bed & Breakfast Operation and short-term vacation rental uses within Electoral Areas ‘A’ (Osoyoos Rural), ‘C’ (Oliver Rural), ‘D-1’ (Kaleden-Apex Southwest Sector), ‘D-2’ (Skaha, East Vaseux), ‘E’ (Naramata Area) and ‘F’ (Okanagan Lake West / West Bench) have been scheduled for the following dates:

Okanagan Falls
Tuesday October 9, 2012
1128 Willow Street
4:30 pm to 7:00 pm (presentation at 5:30 pm)

Osoyoos
Monday October 15, 2012
8505 68th Avenue (Sonora Centre)
4:30 pm to 7:00 pm (presentation at 5:30 pm)

Naramata
Thursday October 18, 2012
3740 3rd Street (Naramata Church)
5:00 pm to 7:30 pm (presentation at 5:30 pm)

Review of Bed & Breakfast and Vacation Rental Regulations

On January 18, 2012, the BC Supreme Court found against the Regional District in the case of Okanagan-Similkameen (Regional District) v. Leach, 2012 BCSC 63, regarding the operation of a short-term “vacation rental” use within the Residential Single Family One (RS1) Zone under the Electoral Area ‘E’ Zoning Bylaw No. 2459, 2008.

The Court concluded that Zoning Bylaw allowed “private visitor accommodation” as a “secondary use” where a principle residential use was established.

The Court also concluded that the current definition of a “dwelling unit” describes a structure and does not limit the use of that structure only to residential. Following on from this, the definition of “private visitor accommodation” does not limit the use of a “dwelling unit” to only a “bed and breakfast” operation where the regular occupants of the “dwelling unit” are conducting the business.

Consequently, a “vacation rental” is a permitted secondary use, subject to a number of preconditions, including:
■ evidence that the amount of time the property is occupied by renters is less than the amount of time that the property is occupied by the owners and their non-paying guests;
■ the “vacation rental” may not be permitted in a secondary suite;
■ no more than 8 people may be accommodated with the dwelling unit as part of the “vacation rental” at any one time;
■ no more than 3 bedrooms used for this purpose on smaller lots and no more than 4 bedrooms on larger parcels are permitted as part of the use; and
■ the “vacation rental” may only be operated by the principal residents of the dwelling. “Vacation rentals” operated by commercial vacation rental businesses are not permitted.

The decision of the Court is seen to broaden the use of “private visitor accommodation” beyond the traditional scope of how the Regional District has understood and applied this particular aspect of Zoning Bylaw No. 2459, 2008.