Approval of an official community plan (OCP) amendment supporting temporary use permits creates a path for owners of short-term rentals in the South Shuswap.
At its Aug. 15 meeting, the Columbia Shuswap Regional District (CSRD) board voted unanimously in support of third and final reading of an amendment to the Electoral Area C OCP (which also applies to Area G), to add a section that enables the issuance of temporary use permits (TUPs).
"To me this is really about bringing our OCP in line with other OCPs," commented Area G director Marty Gibbons.
A staff report describes TUPS as a "practical mechanism to consider temporary land uses that are not permitted by zoning," and will provide an option to approve the temporary use of short-term rentals.
Staff noted almost all short-term rentals where the South Shuswap and Kault Hill zoning bylaws apply are not permitted.
TUPs, which essentially provide short-term rezoning, are not limited to short-term rentals. They could also be used to host events, such as a music festival, or allow conditional occupancy of a seasonally used recreational vehicle or secondary dwelling unit while constructing a principal dwelling.
TUPs are valid for a maximum of three years after issuance, and may be renewed once for an additional three years.
Staff anticipate an influx of applications from owners of short-term rentals, seeking land use approval before the B.C. government launches a short-term rental registry in 2025. All short-term rental hosts and platforms will be required to register.
On July 30, the CSRD hosted a public hearing on the OCP amendment. Staff noted public comments and written submissions were mainly focused on short-term rentals.
One public concern related to possible conflicts of interest for CSRD staff or directors who own short-term rentals. In response, it was explained a conflict would arise if a director were to pursue a TUP application for a use on their property and did not excuse themselves during related discussion and voting by the board. In an email, the CSRD noted it is not the "administration’s task to determine if an elected official is in a conflict of interest."
Staff noted a key concern "shared by all in attendance" had to do with enforcement of conditions for TUPs issued for short-term rentals. In response, staff explained that to date, formal complaints about short-term rentals have been "minimal and that bylaw enforcement is conducted in accordance with CSRD Bylaw Enforcement Policy A-69." According to this bylaw, complaints related to short-term rentals typically require the receipt of two unique written complaints before the concern is investigated. Investigation of these Class 2 violations (those that do not pose an immediate hazard to persons or property and typically do not involve significant environmental impacts) are ranked in the order they're received and investigated subject to staffing, other priorities, and budgetary resources.
During the hearing, staff explained the regional district has only two bylaw officers, and that the board "weighs the level of service it provides with the level of taxation incurred by residents." It was also noted that with the launch of its short-term rental registry, the province will have a compliance and enforcement team, though staff was awaiting details on how this would be implemented.
A staff report prepared for the June 20th board meeting explained the ability to issue TUPs allows for flexibility in the zoning but with conditions "aimed at addressing potential negative impacts on the community, the neighbourhood or the environment."
Conditions tied to the OCP amendment included:
• The use shall not be noxious or emit pollutants that are detrimental to the environment, neighbouring properties or the community as a whole;
• The use shall not create noise, vibrations, or light pollution which disrupts the peaceful enjoyment of the surrounding neighbourhood;
• The use shall be serviced with necessary water, sewage disposal, solid waste disposal, and recycling facilities;
• Appropriate parking and loading spaces shall be provided; and,
• The proposed hours, size and scale of the use will be compatible with adjacent land uses.
Furthermore, for TUP applications for short-term rentals, applicants may be required to do the following: demonstrate the proposed use will not alter the general character of the neighbourhood; provide a buffer (screening, fencing or vegetation) between subject and adjacent properties; show proof of adequate servicing (water/sewer) for the proposed use at maximum capacity for the duration of the permit (may require inspection by registered professional); designate a local caretaker to be available at times property owner is not available or does not reside in the area (contact information should be provided to the CSRD and neighbours); demonstrate adequate parking; limit the number of bedrooms and number of guests per room; provide adequate proof of insurance and liability insurance and provide "additional information to meet additional requirements deemed necessary for the safe and unobtrusive use of the site."
Prior to final reading, TUPs were only available in CSRD Electoral Areas B, D, E and F.
For more information on CSRD TUPs, visit csrd.bc.ca/540/Temporary-Use-Permits.
