Zoning Amendment Bylaw No. 2828, 2024 (Short-Term Rentals)

Rossland, British Columbia · adopted 2024-04-15

This is the exact embedded text of the captured official document. Snapshot c54508952967 · verified 2026-08-23 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

THE CORPORATION OF THE CITY OF ROSSLAND BYLAW NO. 2828 A BYLAW TO AMEND THE CITY OF ROSSLAND ZONING BYLAW No. 2518, 2011. WHEREAS Part 26 of the Local Government Act R.S.B.C. 1996, c.323 authorizes the Council of the City of Rossland to establish and amend a zoning bylaw; AND WHEREAS the Council of the City of Rossland deems it necessary and expedient to amend the City of Rossland's Zoning Bylaw No. 2518, 2011. NOW THEREFORE, the Council of the City of Rossland, in open meeting assembled, ENACTS AS FOLLOWS: SHORT TITLE 1. This Bylaw may be cited as the "Zoning Amendment Bylaw, No. 2828, 2024". AMENDMENT 2. Zoning Bylaw No. 2518 - Schedule A is hereby amended such that: (a) Section 3.0 - DEFINITIONS by deleting the definitions of "Short-Term Rental", "Guest Home", "Guest Room", "Guest Suite", and "Permanent Residence" in their entirety. (b) Section 3.0 - DEFINITIONS by adding the following new definitions in appropriate alphabetical order: BED AND BREAKFAST means the licensed use of a single-family dwelling unit occupied by the owner or a manager as their principal residence, for the provision of temporary lodging of paying guests in not more than four guest rooms in the dwelling and the serving of a morning meal to such guests and includes the use of common living and dining areas in the dwelling by such guests. Bed and breakfast use is prohibited in conjunction with a Secondary suite or detached secondary suite. SHORT-TERM RENTAL - COMMERCIAL means an accessory use of a dwelling unit that is not a principal residence for overnight guest sleeping accommodation for temporary accommodation for a paying guest for a period of less than 30 consecutive days, and for clarity does not include a bed and breakfast accommodation or short-term rental - residential. SHORT-TERM RENTAL - RESIDENTIAL means an accessory use of a principal residence, or a portion of one, as temporary accommodation for a paying guest for a period of less than 30 consecutive days, and for clarity does not include a bed and breakfast accommodation or short- term rental - commercial. Short-term rental - Residential use is prohibited in conjunction with a Secondary suite or detached secondary suite. Zoning Amendment Bylaw No. 2828, 2024 Page 1 of 21 PRINCIPAL RESIDENCE means a single dwelling unit where an individual makes their home for the majority of a calendar year and lives within the residence a minimum 240 days per year and is the dwelling unit with the residential address used on documentation related to billing, identification, taxation and insurance purposes, including, without limitation, income tax returns, Medical Services Plan documentation, driver's licenses, personal identification, and vehicle registration. For these purposes a person cannot normally reside at more than one dwelling or location. (c) Section 4.0 - GENERAL REGULATIONS by deleting the wording in section 4.1.2 (e) Short Term Rentals in its entirety. (d) Section 4.0 - GENERAL REGULATIONS by adding the following new sections to 4.1.2 Permitted Uses and re-ordering section numbers accordingly. SHORT-TERM RENTAL- RESIDENTIAL A Short-Term Rental - Residential is subject to the following regulations: 1) Must only occur in a Principal Residence as an accessory use and the principal resident must be present anytime the short-term rental residential use is occurring; 2) Is not permitted on a Lot where a Childcare, Home Occupation; or Bed and Breakfast use is operating; 3) Is not permitted on a Lot where a Secondary Suite or Detached Secondary Suite exists; 4) Is not permitted in Duplexes, Triplexes or Multi Family Dwellings. 5) Is not to exceed one Residential Short-Term Rental per Lot; 6) Residential Short-Term Rental is not permitted in recreational vehicles, motor vehicles, tents, boats or any other structure that is not a dwelling unit. 7) Compliance with the licensing requirements of the Business License Bylaw as amended. 8) Off Street Parking and loading requirements are subject to the provisions of Section 11. 9) Subject to Section 4.6, one sign shall be permitted on a Parcel advertising the short-term rental operation subject to the following regulations: i. the Sign type may be either free standing or fascia; ii. the only permitted Sign lighting is external; iii. the content of the Sign shall be limited to the name of the Short-Term Rental - Residential, a telephone number for the contact and an accompanying graphic design; iv. the size of the Sign shall not exceed 0.5 square meters; 10) The Residential Short-term Rental has a maximum of three Sleeping Units within any Dwelling Unit and a maximum of 6 guests within any Dwelling Unit at any one time; 11) Must not change the residential character or external appearance of the Single Detached Dwelling; 12) Shall not create a nuisance for surrounding properties, including, but not limited to, noise, light pollution or traffic that is disruptive to surrounding residents' use and enjoyment of their properties; and 13) Temporary Use Permits will not be considered for this use. SHORT TERM RENTAL - COMMERCIAL A Short-Term Rental - Commercial is subject to the following regulations: 1) Compliance with the licensing requirements of the Business License Bylaw as amended. 2) Off Street Parking and loading requirements are subject to the provisions of Section 11. Zoning Amendment Bylaw No. 2828, 2024 Page 2 of 21 3) Must provide contact information for one local contact as the individual available on a 24/7 basis during the use of Short- Term Rental by a guest to respond within fifteen minutes to any telephone enquiries regarding the Short-Term Rental, and who have consented to the applicant to allow their contact information to be made publicly available, including on-line and to guests of the Short-Term Rental; 4) Subject to Section 4.6, one sign shall be permitted on a Parcel advertising the short-term rental operation subject to the following regulations: i. the Sign type may be either free standing or fascia; ii. the only permitted Sign lighting is external; iii. the content of the Sign shall be limited to the name of the Residential Guest Accommodation; iv. a telephone number for the contact and an accompanying graphic design; v. the size of the Sign shall not exceed 0.5 square meters; 5) The Commercial Short-term rental has a maximum of four Sleeping Units within any Dwelling Unit and a maximum of 8 guests within any Dwelling Unit at any one time; 6) Is not permitted on a Lot where a Childcare, Home Occupation; or Bed and Breakfast use is operating; 7) Commercial Short-Term Rental is not permitted in recreational vehicles, motor vehicles, tents, boats or any other structure that is not a dwelling unit; 8) Shall not create a nuisance for surrounding properties, including, but not limited to, noise, light pollution or traffic that is disruptive to surrounding residents' use and enjoyment of their properties. 9) Temporary Use Permits will not be considered for this use. BED AND BREAKFAST A Bed and Breakfast is subject to the following regulations: 1) Must only occur in a Principal Residence as an accessory use and the principal resident (owner or manager) must be present anytime the bed and breakfast use is occurring; 2) Compliance with the licensing requirements of the Business License Bylaw as amended; 3) Off Street Parking and loading requirements are subject to the provisions of Section 11; 4) Subject to Section 4.6, one sign shall be permitted on a Parcel advertising the bed and breakfast operation subject to the following regulations: vi. the Sign type may be either free standing or fascia; vii. the only permitted Sign lighting is external; viii. the content of the Sign shall be limited to the name of the Bed and Breakfast. ix. a telephone number for the contact and an accompanying graphic design. x. the size of the Sign shall not exceed 0.5 square meters. 5) The Bed and Breakfast has a maximum of four Sleeping Units; 6) Must not change the residential character or external appearance of the Single Detached Dwelling; 7) Shall not create a nuisance for surrounding properties, including, but not limited to, noise, light pollution or traffic that is disruptive to surrounding residents' use and enjoyment of their properties; 8) Temporary Use Permits will not be considered for this use; (e) Section 6.0 - RESIDENTIAL by deleting the Sections "6.3 R-lSTR - SINGLE DETACHED SHORT- TERM RENTAL" and "6.11 GS GUEST SUITE, GUEST ROOM SUB ZONE" in their entirety and re- ordering the section numbers accordingly. Zoning Amendment Bylaw No. 2828, 2024 Page 3 of 21 (f) Section 6.0 - RESIDENTIAL by adding the new section 6.10 Rl-BB - BED AND BREAKFAST by the regulations which are shown in Schedule "2" attached to and forming part of this bylaw. (g) Section 6.0 - RESIDENTIAL by adding the new section 6.11 Rl-GH - GUEST HOME by the regulations which are shown in Schedule "3" attached to and forming part of this bylaw. (h) Section 6.0 - RESIDENTIAL by adding the new section 6.12 Rl-GS - GUEST SUITE by the regulations which are shown in Schedule "4" attached to and forming part of this bylaw. (i) Section 11.0- OFFSTREET PARKING AND LOADING by deleting the Residential Dwelling portion of Diagram 11.1 I Required Off-Street Parking Spaces in its entirety and replacing it as follows: COLUMN I CLASS OF BUILDING RESIDENTIAL DWELLINGS One- and Two-Family Detached Dwellings One Family Detached Dwelling with a Residential Short-Term Rental One Family Detached Dwelling with Secondary Suite or Detached Secondary Suite Secondary Suite or Detached Secondary Suite used as a Commercial Short-Term Rental One Family Detached Dwelling used as a Commercial Short-Term Rental One Family Detached Dwelling used as a Bed and Breakfast Accommodation Multiple Conversion dwelling Mobile Home Multiple Family Dwellings including Apartment Dwellings, Apartment Dwellings in Conjunction with a Commercial Use and Townhouse Dwellings and Multiple Family Dwellings used as a Commercial Short-term Rental. COLUMN II REQUIRED NUMBER OF PARKING SPACES 2 per principal dwelling unit (DU) 1 per principal DU if each principal DU has a net floor area less than 90 sq. m. 2 per DU, plus 1 space per residential short term rental sleeping unit 2 per principal DU, plus 1 per accessory DU 1 per principal DU if principal DU has a net floor area less than 90 sq. m 1 space per sleeping unit 1 space per sleeping unit 2 per DU plus 1 space per sleeping unit 2 per principal DU 1 per principal DU if each principal DU has a net floor area less than 90 sq. m. 1 per DU a) 1.0 off-street parking stall per DU with one or two sleeping units; b) 1.5 off-street parking stalls per DU with three sleeping units; c) 2.0 off-street parking stalls per DU with 4 or more sleeping units; plus 0.2 per DU for visitor parking Zoning Amendm ent Bylaw No. 2828, 2024 Page 4 of 21 CONSEQUENTIAL CHANGES 3. Zoning Bylaw No. 2518 - Schedule A is further amended as follows: (a) Adding the Permitted Use of "Residential Short-Term Rental" to the following Zones: - R-1 Residential - R-1I Residential Infill - R-1R Detached Residential Rural - R-4 Residential Mixed Density (b) Removing the Permitted Use of "Short-Term Rental" and replacing it with the permitted use of "Commercial Short-Term Rental" to the following Zones: - R-5 Residential Resort Mixed Density - C-1 Commercial Downtown Core - C-3 Commercial Resort Accommodation/Commercial - C-4 Commercial Transition - CD-1 -Low Density Residential - LDR-1 - CD-1- Multi-Family Residential - MFR-1 - CD-1-Alpine Village Core -AVC-1 - CD-1- Lower Alpine Village Core 'A' -AVC-2 - CD-1- Lower Alpine Village Core 'B' -AVC-3 - CD-1- Upper Alpine Village Core -AVC-4 - CD-2 - Gateway Residential 1- GW-1 - CD-2 - Gateway Residential 2 - GW-2 - CD-3 - Residential Fringe Area - RFA - CD-3 - Resort Rural Residential - RRR - CD-3 - Resort Holiday Park- RHP (c) By making such consequential changes as are required to reflect the foregoing amendments, including without limitation changes in the numbering and Table of Contents of the bylaw. MAPPING CHANGES 4. The City of Rossland Zoning Bylaw No. 2518 - Schedule B - Zoning Bylaw Map is hereby amended such that the following properties are zoned from R-1STR to R-11 Residential Infill as shown on Schedule 5 attached to and forming part of this bylaw: - 2242 Leroi Avenue - 2565 Columbia Avenue - 2324 Columbia Avenue 5. The City of Rossland Zoning Bylaw No. 2518 - Schedule B - Zoning Bylaw Map is hereby amended such that the following properties are zoned from R-1IGS to R-1I Residential Infill as shown on Schedule 13 attached to and forming part of this bylaw: - 1760 Second Ave - 1973 Second Ave - 2234 Fifth Ave Zoning Amendment Bylaw No. 2828, 2024 Page 5 of 21 - 1827A Leroi Ave - 2330 St Paul St 6. The City of Rossland Zoning Bylaw No. 2518 - Schedule B - Zoning Bylaw Map is hereby amended such that the following properties are zoned from R-1STR to R-1 Residential as shown on Schedule 6 attached to and forming part of this bylaw: - 1810 Planer Crescent - 2075 Thompson Avenue - 1889 Nevada Street 7. The City of Rossland Zoning Bylaw No. 2518 - Schedule B - Zoning Bylaw Map is hereby amended such that the following properties are zoned from R-1GS to R-1 Residential as shown on Schedule 12 attached to and forming part of this bylaw: - 1983 l<irkup Avenue - 1615 Victoria Avenue - 2194 Park Street - 1633 Second Avenue - 941 Redstone Drive - 1725 Black Diamond Drive 8. The City of Rossland Zoning Bylaw No. 2518 - Schedule B - Zoning Bylaw Map is hereby amended such that the following properties are zoned from R-1STR to R-1R Detached Residential Rural as shown on Schedule 7 attached to and forming part of this bylaw: - 2807 Happy Valley Road 9. The City of Rossland Zoning Bylaw No. 2518 - Schedule B - Zoning Bylaw Map is hereby amended such that the following properties are zoned from R-1STR to Rl-BB Residential Bed and Breakfast as shown on Schedule 9 attached to and forming part of this bylaw: - 1520 Spokane Street - 1107 Black Bear Drive - 1345 Spokane Street - 2520 l<ootenay Avenue 10. The City of Rossland Zoning Bylaw No. 2518 - Schedule B - Zoning Bylaw Map is hereby amended such that the following properties are zoned from R-1STR to Rl-GH Residential Guest House as shown on Schedule 14 attached to and forming part of this bylaw: - 1882 Victoria Avenue - 1115 Black Bear Drive - 2598 Washington Street 11. The City of Rossland Zoning Bylaw No. 2518 - Schedule B - Zoning Bylaw Map is hereby amended such that the following properties are zoned from R-1STR to R-GS Residential Guest Suite as shown on Schedule 8 attached to and forming part of this bylaw: - 2290 Leroi Avenue - 2615A Railway Avenue Zoning Amendment Bylaw No. 2828, 2024 Page 6 of 21 12. The City of Rossland Zoning Bylaw No. 2518 - Schedule B - Zoning Bylaw Map is hereby amended such that the following properties are zoned from R-1GS to R-GS Residential Guest Suite as shown on Schedule 10 attached to and forming part of this bylaw: - 2622 McLeod Avenue - 2072 McLeod Avenue - 2650 Washington Street - 2593 Georgia Street - 1312 Victoria Avenue - 1280 Queen Street - 1508 Park Street - 2670 Columbia Avenue 13. The City of Rossland Zoning Bylaw No. 2518 - Schedule B - Zoning Bylaw Map is hereby amended such that the following properties are zoned from R-11GS to R-GS Residential Guest Suite as shown on Schedule 11 attached to and forming part of this bylaw: - 1866 Monita Street - 2276 Second Avenue - 1715 Third Avenue ENACTMENT 14. (a) If any section, subsection, sentence, clause or phrase of this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, the invalid portion shall be severed and the part that is invalid shall not affect the validity of the remainder. (b) This Bylaw shall come into full force and effect on the final adoption thereof. READ A FIRST TIME READ A SECOND TIME as AMENDED PUBLIC HEARING READ A THIRD TIME FINALLY ADOPTED this sth day of January 2024 this 5th day of February 2024 this 11th day of March 2024 this 2nd day of April 2024 this 15th day of April 2024 Chief Administrative Officer/ Corporate Officer Zoning Amendment Bylaw No. 2828, 2024 Page 7 of 21 SCHEDULE 2 6.10 R-lBB - SINGLE DETACHED BED and BREAKFAST 1. INTENT 2. PERMITTED USES 3. CONDITIONS OF USE 4. PARCEL SIZE 5. FLOOR AREA RATIO 6. SETBACKS 7. PARCELCOVERAGE 8. HEIGHT The intent of this zon e is for a Bed and Breakfast operation in a residential neighbourhood . The following uses and no others shall be permitted in the R-lBB Zone: a) One Family Detached Dwelling b) Bed and Breakfast c) Accessory Buildings and Uses a) A Bed and Breakfast shall be permitted subject to compliance with the provisions of section 4.1.2. b) Off Street Parking and loading requirements are subject to the provisions of Section 11; On a Parcel located in an area Zoned R-lBB, no plan of subdivision shall be approved which contravenes the regulations set out below: Min Max Min Min Parcel Parcel Parcel Building Area Area Frontage Width 550 m2 1,250 m2 18 m 4.5 m For One Family Detached Dwellings the floor area ratio shall not exceed a factor of 0.5. The minimum Setbacks from Parcel lines are as follows: Front Rear Interior Exterior 4.0 m 2.0 m 1.8 m 3.0 m Max Building Parcel Max Surface Parcel Coverage Coverage 35% 40% a) The maximum Height for Principal Buildings is 10.0 m b) The maximum Height is 4.5 m for all other Accessory Buildings. Zoning Amendment Bylaw No. 2828, 2024 Page 8 of 21 SCHEDULE 3 6.11 R-GH GUEST HOME 1. INTENT 2. PERMITTED USES 3. CONDITIONS OF USE 4. PARCEL SIZE 5. SETBACKS 6. PARCELCOVERAGE 7. HEIGHT The intent of this Zone is to allow for a commercial short-term rental of an entire home in a residential area . The following uses and no others shall be permitted in the R-GH Zone: a) One Family Detached Dwelling b) Short Term Rental - Commercial c) Accessory Buildings and Uses a) A Short-Term Rental - Commercial shall be permitted subject to the provisions of Section 4.1.2; b) Off Street Parking and loading requirements are subject to the provisions of Section 11; On a Parcel located in an area Zoned R-GH, no pl an of subdivision shall be approved which contravenes the regulations set out below: Min Max Min Min Parcel Parcel Parcel Building Area Area Frontage Width 550 m2 1,250 m2 18 m 4.5 m The minimum Setbacks from Parcel lines are as follows: Front Rear Interior Exterior 4.0 m 2.0 m 1.8 m 3.0 m Max Building Parcel Max Surface Parcel Coverage Coverage 35% 40% a) The maximum Height for Principal Buildings is 10.0 m b) The maximum Height is 4.5 m for all other Accessory Buildings. Zoning Amendment Bylaw No. 2828, 2024 Page 9 of 21 SCHEDULE 4 6.12 R-GS GUEST SUITE 1. INTENT 2. PERMITTED USES 3. CONDITIONS OF USE 4. PARCEL SIZE 5. SETBACKS The intent of this Zone is to allow for a commercial short-term rental of a secondary suite or detached secondary suite in a residential area. The following uses and no others shall be permitted in the R-GS Zone: a) One Family Detached Dwelling b) Secondary Suite c) Detached Secondary Suite d) Short Term Rental - Commercial e) Accessory Buildings and Uses a) A Short-Term Rental - Commercial shall be permitted subject to the provisions of Section 4.1.2. b) A Secondary Suite Dwelling shall be permitted subject to the provisions of Section 4.1.2. c) A Detached Secondary Suite Dwelling shall be permitted subject to the provisions of section 4.1.2. d) Notwithstanding Section 4.1.2, short-term rental commercial use is only permitted in a secondary suite or detached secondary suite. The principal resident must be present anytime the short-term rental commercial use is occurring. e) Off Street Parking and loading requirements are subject to the provisions of Section 11; On a Parcel located in an area Zoned R-GS, no plan of subdivision shall be approved which contravenes the regulations set out below: Min Max Min Min Parcel Parcel Parcel Building Area Area Frontage Width 550 m2 1,250 m2 18 m 4.5 m The minimum Setbacks from Parcel lines are as follows: Front Rear 4.0 m 2.0 m Interior Exterior 1.8 m 3.0 m Zoning Amendment Bylaw No. 2828, 2024 Page 10 of 21 6. PARCELCOVERAGE 7. HEIGHT Max Building Parcel Max Surface Parcel Coverage Coverage 35% 40% c) The maximum Height for Principal Buildings is 10.0 m d) The maximum Height is 4.5 m for all other Accessory Buildings. Zoning Amendment Bylaw No. 2828, 2024 Page 11 of 21 Zoning Amendment Bylaw No. 2828, 2024 Page 12 of 21 Zoning Amendment Bylaw No. 2828, 2024 Page 13 of 21 Legend Zon ing Amendment Bylaw No. 2828, 2024 Page 14 of 21 CRS: NAD 1983 UTM Zone 11N Zoning Amendment Bylaw No. 2828, 2024 Page 15 of 21 Legend Zoning Amendm ent Bylaw No. 2828, 2024 Page 16 of 21 Zoning Amendment Bylaw No. 2828, 2024 Page 17 of 21 Zoning Am endment Bylaw No. 2828, 2024 Page 18 of 21 Zoning Amendm ent Bylaw No. 2828, 2024 Page 19 of 21 Zoning Amendment Bylaw No. 2828, 2024 Page 20 of 21 Zoning Amendment Bylaw No. 2828, 2024 Page 21 of 21